Candelmas And the Amerciaments shall be levied by summons of the Exchequer to the King's use VI. Exposition of Glocester 6 E. 1. where any have entred by a Disseisor the damages shall run from the time of the Statute published VII In Writs of Entrie sur disseisin Mortdancester Cosinage Byel and Besayel and touching intrusion or of ones own act by any manner of Writ the damages shall run after the Writ purchased against them that held since the Statute albeit their Ancestors died seised thereof VIII Stat. 3 H. 7.10 Where any person bound by a judgement shall sue before execution had a Writ of Error to reverse it if the judgment be affirmed the Writ discontinued or the party that sueth it be nonsuit the party against whom the Writ is brought shall recover his costs and damages at the discretion of the Justices before whom the said Writ is sued IX Stat. 19 H. 7.20 The Statute of 3 H. 7.10 is confirmed and shall be duly put in execution X. Stat. 23 H. 8.15 If the Plaintiff be nonsuit or overthrown by lawfull triall in any action Bill or Plaint for trespass upon the Statute of 5 R. 2.7 which see in forcible Entrie 1. or for any debt or covenant upon specialty or contract or for detinue account upon the case or upon any Statute the Defendant shall in such case have his costs to be assessed by the Judge or Judges of the Court and to be recovered as the Plaintiff might have recovered his in case Judgment had been given for him XI Here he that sues in forma pauperis shall not pay costs but suffer such punishment as the Justices or Judge of the Court shall think sit XII Stat. 24 H. 8.8 There shall be no costs awarded to the Defendant when any action is sued to the King's use XIII Stat. 43 El. 6. In personal actions in the Courts at Westmin being not for land or battery when it shall appear to the Judges and so by them signified that the debt or damages to be recovered amount not to the summe of 40 s. or above the said Judges shall award to the Plaintiff no more costs then damages but less at their descretion XIV Stat. 4 Ja. 3. If the Demandant or Plaintiff be nonsuit or overthrown by lawful trial in any action whatsoever the tenant or Defendant shall have costs to be assessed and levied as costs are to be assessed and levied by the Stat. of 23 H. 8.15 XV. Stat. 21 Ja. 16 In Actions of Slander if the Jury find or assess the damages under 40 s. the Plaintiff shall recover no more costs then damages Darrein Presentment I. Magna Charta 13. 9 H. 3. Assizes of Darrein Presentment shall be taken before the Justices of the Bench and there shall be determined Debt I. West 2. 13 E. 1. None shall restrain a forreigner in any City Burrough Town Market or Fair for any debt wherefore he is not debtor or pledge in pain to be grievously punished and if he be the distress shall be re-delivered without delay by the Bailiff of the place or the King's Bailiff if need be II. Stat. 1 R. 2.12 No Warden of the Fleet shall suffer any prisoner being in by judgment to go at large by mainprize Bail or Baston without agreeing with the party for the thing adjudged unless it be by Writ or other command of the King in pain to lose his Office III. The Warden being attainted thereof by due process the Plaintiff shall have their recovery against him by Bill of Debt IV. If any person being judged to another prison shall with purpose to be removed to the Fleet and their to have more liberty confess himself Debtor to the King the said Recognizance shall be received and if he be not Debtor to the King upon record he shall be remanded and their remain untill he hath agreed with the party and afterwards shall be sent to the Fleet and there remain untill the King be satisfied the Cognizance V. Stat. 2 R. 2. Parl. 2.3 Where a Debtor makes a fraudulent conveyance to defraud the Creditor if upon the Capias for the debt the Sheriff return he hath not taken him because of some priviledged place where he lies the Sheriff shall have another Writ to make proclamation once a week five weeks together at the gate of the priviledged place that the party appear at the day comprized in the last Writ and then upon return of the said last Writ that proclaimation is made accordingly if the party appear neither by himself nor his Attorney judgment shall be given against him upon the principal for his default and also the Collusion being proved Execution had of all his goods and lands without the place priviledged as well those demised as others VI. Stat. 3 Jac. 15. Every Citizen and Freeman of London and every other person there inhabiting being a Tradesman Victualler or Labourer which hath any debt due to him not amounting to 40 s. by any such person as aforesaid may cause the debtor to be summoned to the Court of Requests at Guildhall upon a writing to be left at the debtors house by an officer of the same Court or by some other reasonable warning to appear before the Commissioners there who or any three of them shall have power to make orders therein to be registred in a Book and duly observed by both parties VII The Commissioners also or any three or more of them have power to administer oaths both to the parties and witnesses VIII If any such person as aforesaid for any such debt commence any suit elsewhere against any other like person and that it appear to the Judge upon the Defendants own oath or other sufficient testimony that he is a Freeman or inhabitant of London as aforesaid and also that the damages sued for amount not to 40 s. the said Judge shall not allow to the Plaintiff any costs of suit at all but shall award to the Defendant his reasonable costs IX None shall refuse to appear upon due summons or to obey the Commissioners orders in pain to be imprisoned in one of the Counters of the said Officer or any other of the Serjeants at Mace of the City there to maintain untill their orders be performed X. This Act shall not extend to any debt for rent real contracts or concerning Testaments Matrimony or any thing belonging to the Ecclesiastical Court XI Stat. 7 Ja. 12. None keeping a Shop-book his Executors or Administrators shall be allowed to give it in evidence for wares or work above one year before the Action brought unless they having obtained a Bond or Bill for the debt or brought an Action thereupon within one year before the wares delivered or work done XII This Act shall not hold place between Merchant and Merchant Tradesmen and Tradesmen or Merchant and Tradesman for any thing falling within the compass of their mutual Trades and Merchandize Debt to the King I. Magna Charta 8. 9 H. 3. The
to be made and also 5 l. for every moneth he shall so continue II. None shall make sell or cause to be made or sold any thing of Felt but Hats nor any cap of any wollen cloth not knit nor dye or cause to be dyed any Cap with bark or swarfe but onely with Copperas and Gall or with Woad and Madder III. None shall full in any Mill any Cap until it be first well scoured and closed upon the bank and half thicked at least in the foot-stock IV. The Master and Wardens of Haberdashers in London calling to them one of the Company of Cappers and another of the Hat-makers shall have power to search in London and within three miles round all Cappers and Hatters and to punish them that offend by fines or othewise as they do other offenders in that Company The like also shall be done by Mayors and other Head-officers in other Cities and Corporations elsewhere V. No Hat-maker shall retain above two apprentices at once take any for less time then seven years in pain to suffer for every apprentice otherwise taken a moneths imprisonment without bail and every such taking shall be void and the party so taking shall be from henceforth disabled to have any more apprentices then one VI. This Act shall not restrain a Felt or Hat-maker to imploy his own children nor extend to the making of Hats with Worsted yarn in Norwich * VII Stat. 1 Jac. 17. The forfeitures and penalties given by the Statute of 8 El. 11. and also by this present Statute shall be divided betwixt the King and the prosecutor VIII None shall make or cause to be made any Felt or Hat unless he hath served seven years as an apprentice in Felt-making neither shall he retain any other then Journey-men who have lawfully served in that art and apprentices lawfully bound to the same nor have above two apprentices at once nor those for less time then seven years in pain to forfeit five pounds for every moneth he offends contrary to this Statute IX None shall retain in the art of Hat or Felt-making any person born out of the King's Dominions in pain to forfeit five pounds for every moneth he so continues him X. This Act shall not prohibit parents lawfully excercising the said art to imploy their sons in their own houses so that they be bound apprentices by Indenture for 7 years which may not expire until they attain the age of 22 years XI Felt-makers at the time of this Statute and their servants may so continue albeit they have not served seven years as apprentices ☞ Havens Harbours and Rivers I. Stat. 2 H. 6.15 None shall fasten Trinks or other Nets over Rivers to the destruction of the frie of fish and disturbance of the common passage of vessels in pain to forfeit 5 l. to the King Howbeit they may use them in seasonable times so they draw them as other fishers do their nets without fastning them as aforesaid And here every man's right of fishing is saved II. Stat. 4 H. 7.15 The Mayor of London and his successors shall have the like conservation and authority in all the issues breaches and ground overflown as far as the water ebbeth and floweth grown out of the River of Thames as touching the punishment for using unlawful nets and engines as he hath within the same River * III. Stat. 23 H. 8.8 27 H. 8.23 Two several Acts were made to the same effect for preservation of the Havens and Ports of Plimouth Dertmouth Tinmouth Falmouth Fowet and other Ports in Devon and Cornwall and that none should labour in Tinworks neer the fresh Rivers of those Havens and those who labour in tin-Tin-works should prevent the falling of stones and gravel into those Havens upon a forfeiture Also if any should be troubled in the Stannery for executing this Act such suite should be void ☞ and if any should be imprisoned by the Stannery he should be discharged by a Justice of Peace saving the liberties of the Stanneries See the Statutes at large * IV. Stat. 23 H. 8.18 No Fish-garthes or other engines shall be set in Owse or Humber and with what nets men shall fish there See this Statute at large * V. Stat. 27 H. 8.18 If any person do or procure any thing to be done to the annoying of Thames making of shelpes there by mining digging casting of dung rubbish or other thing therein or otherwise howsoever Or convey away any boards stakes timber-work pillers or other things from the banks or walls thereof except it be to repair them or undermine any banks or walls there to the damage of the said River he shall forfeit for every such offence 5 l. to the King and the Mayor and Commonalty of London to be recovered by the said Mayor and Commonalty VI. This Act shall not restrain the taking of ballast for ships in the shelpes neer the Thames nor to carry away the gravel earth or rubbish found in the said shelpes See also this Statute at large VII Stat. 31 H. 8.4 The Mayor and Bailiffs of Excester may break all weares and other lets in the River of Exe and shall pay to the owners and Fermors of so much ground as they shall digge the rate of 20 years purchase or so much as shall be adjudged by the Justices of Assize in the County of Devon See this also at large * VIII Stat. 34 H. 8.9 None shall cast or unlade out of any ship or vessel in any Haven Rode Channel or River flowing or running to any Port Town City Burrough or other Town any ballast rubbish gravel or other wrake or filth but onely upon the land above the full Sea-mark in pain of 5 l. to be divided betwixt the King and the prosecutor IX Stat. 27 El. 20. It shall be lawfull for the Mayor and Commonalty of Plimouth to dig a trench 6 or 7 foot broad through all grounds lying betwixt Plimouth and any part of the River of New for conveying that River thither and to repair it and to do all other things necessary for the same they paying the owners and farmers of the grounds so to be digged the value thereof to be assessed by two Justices of Assize Howbeit that water shall not be conveyed through any Orchard Garden or to the hindrance of any Mill without the owners consent X. Stat. 27 El. 21. An Act concerning Oxford Haven in Suffolk XI Stat. 27 El. 22. An Act for making a new channel from the City of Chichester to the suburbs there See these two last Statutes at large XII Stat. 3 Jac. 18. An Act for the making of a new trench to convey the water from Cadwell and Amwell to London XIII Stat. 4 Jac. 12. An Act for the explanation of the Stat. of 3 Jac. 18. and to give power to the Mayor and Commonalty of London to convey the said water in a trunk or vault XIV Stat. 14 Car. 2. cap. 27. An Act for repairing of Dover Harbour
in the wild of Surrey XIX Stat. 13 El. 25. All Woods or Copices intended by the Statute of 35 H. 8.17 to be enclosed and the springs thereof preserved shall be so saved by the space of two years more then in the several clauses of the said Act is severally limited according to the age of such Woods felled upon such pains as in the said Acts are contained And none shall put any Cattel into any such Copice woods from the time of their sale until the end of five years nor from the end of five years until the end of six years any Cattel but Calves and yearling Colts onely until the end of six years if the wood was under 14 years growth at the last fall or until the end of 8 years if it was above 14 years growth And this Addition shall continue as long in force as the said Statute of 35 H. 8.17 XX. Stat. 23 El. 5. None shall convert into Coal or other fuel for the making of Iron or Iron Mettal any Wood or Underwood growing within the compass of 22 miles of London or the Suburbs thereof or of the River of Thames from Dorchester in Com. Oxon. downwards or within four miles of the foot of the Downs betwixt Arundel and Pemsey in Com. Sussex or of Winchelsey or Rie or within two miles of Pemsey or three miles of Hastings in pain to forfeit for every load so converted 40 s. to be divided betwixt the Queen and the Prosecutor XXI This Act shall not extend to any woods growing in any such part of the wildes of Surrey Sussex or Kent within 22 miles of London or Thames as is distant above 18 miles from London or Thames XXII No new iron-Iron-works shall be erected within 22 miles of London 14 miles of Thames or four miles of the said Downs Pemsey Winchelsey Hastings or Rie in pain of 100 l. to be imployed as aforesaid XXIII This Act shall not extend to the woods of Christopher Darrell Gentleman in Newdigate in the weld of Surrey XXIV Stat. 27 El. 19. None shall make or set up within the Counties of Sussex Surrey or Kent any Iron Mill furnace finary or blomary for the making of Iron or Iron Mettal other then upon some old Bayes or Pens whereupon such works have been lately standing or else upon such lands where such works may be continually furnished with sufficient supply of the parties own woods growing upon his own soil being his in fee-simple fee-tail or for life without impeachment of waste nor shall convert to coal or other fuel for the making of such Iron or Iron-Mettal any sound Timber-tree of Oak Ash or Elm which will bear a foot-square at the stub or any part thereof in pain to forfeit for every such new work set up 300 l. and for every Timber-tree so converted 40 s. to be divided betwixt the King and the Prosecutor XXV Howbeit the lops and offal of such Timber-trees may be converted to Coal for the purposes aforesaid within the welds of Sussex Surrey and Kent so as it be not within eighteen miles of London eight miles of Thames four miles of Rie or Winchelsey 3 miles of Hastings or 4 miles of the foot of the Downs betwixt Arundel and Pemsey aforesaid XXVI Stat. 15 Car. 2. Cap. 2. Stat. 3. Reciting the Statute 43 El. Cap. doth not sufficiently prevent nor punish the cutting and spoiling of Woods Enacted that every Constable Headborough and other person in every County City or other place where they shall be Officers or Inhabitants shall and may apprehend or cause to be apprehended every person they shall suspect having carrying or conveying any burden or bundel of Wood Poles young Trees Bark bast of Trees Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze XXVII And by Warrant under the hand and seal of any one Justice of the Peace directed to any Officer such Officer may enter into and search the houses yards Gardens and other places belonging to the houses of every person or persons they shall suspect to have any kind of such Wood or other the said Trees c. and where they shall find any such to apprehend every person suspected for cutting and taking the same and as well those apprehended carrying any kind of wood or other the trees and premises as those in whose houses or other places belonging to them any of the same shall be found to carry before any one Justice of the Peace of the same County And such persons suspected do not give a good accompt how they came by the same by the consent of the owner such as shall satisfie the said Justice or within some convenient time to be set by the said Justice produce the party of whom they bought the said wood or some credible witness upon Oath to prove such sale which Oath the said Justice may administer then such persons so suspected and not giving such good accompt nor producing such witness shall be judged as convicted for cutting and spoiling of woods underwoods poles trees gates stiles posts pales rails hedge-wood broome or furze within the meaning of the said Statute of Queen Elizabeth and lyable to the punishments therein and of this Act appointed XXVIII Every person so convicted shall for the first offence give the owner satisfaction for his damages within such time as the Justice shall appoint and over and above pay down to the Overseers of the poor of the Parish where such offence is such sum of money not exceeding 10 s. as the said Justice shall think meet in default of either of which payments the said Justice may commit such offendor to the house of Correction for such time not exceeding one month as he shall think fit or to be whipt by the Constable or other Officer as in his judgement shall seem expedient XXIX And if such persons shall again commit the said offence and be thereof convicted as before that then the persons offending the second time and convicted shall be sent to the house of Correction for one moneth and there be kept to hard labour And for the third offence convicted as before shall be adjudged and deemed as Incorrigible Rogues XXX Provided also whosoever shall buy any burdens of wood or any the premises mentioned in this Bill suspected to be stolen or unlawfully come by the Justices Mayors or chief Officers or any one of them within their respective Jurisdictions upon complaint may examine the matter upon Oath And if they find the same was bought of any person suspected to have stolne or unlawfully come by the same then any one of the said Justices or chief Officer shall and may award the party that bought the same to pay treble the value thereof to the party from whom the same was stolne or unlawfully taken And in default of present payment to issue forth their respective Warrants to levy the same by distress and sale of the offendors goods rendering the overplus to the party And in default of such
AN EXACT Abridgment OF ALL STATUTES In Force and Vse From the beginning of MAGNA CARTA Untill 1641. By EDM. WINGATE of Grayes-Inne Esq With a Continuation under their proper Titles of all ACTS in Force and Use untill the Year 1666. And Alphabetically Digested under apt Titles Whereto is annexed Four TABLES directing to the several Matters and Clauses throughout the said Statutes LONDON Printed by John Streater James Flesher and Henry Twyford Assigns of Richard Atkyns and Edward Atkyns Esquires Anno Dom. 1666. Cum gratia Privilegio Regiae Majestatis TO THE HONOURABLE S ir EDWARD TURNER Kt SPEAKER of the COMMONS House of PARLIAMENT SIR HAving observed so many Learned and worthy Persons upon divers occasions both in their Studies and Imployments especially at the Assizes and Sessions of Peace to make use of Mr. Wingate's Abridgment of the Statutes with good Approbation I could not but think a little Pains might be well bestowed in continuing the same Method and adding to it the Statutes made in the time of His present Majesty and inserting the same especially such as are of publick and daily use under their proper Titles and seeing how eminent a Place and Part You have had in the Passing the same it seemed to Me not improper by this Address under Your Name to advertise such others also as may have occasion to make use of this Book That although for the most part You may find the Statutes at the least those of frequent use so fully abridged that I hope You will not have often occasion to trouble Your Self with the Books at large or to seek for such as be dispersed Yet being but an Abridgment continued of the late Acts as of the other when You shall doubt or find any thing obscure the unavoidable accident of Brevity You would not rely on it but have recourse to the Statutes at large some of which to avoid the increasing of the Book to too great a bulk especially such as be but upon continuance I have onely pointed at and referred to And as to the late Acts passed at Oxford being after the Book was almost finished in the Press they are added by way of Appendix And such Statutes as more particularly concern the Justices of the Peace and Penal Laws are marked with a Hand or Star And for the Table being Mr. Wingate's own I was unwilling to alter the Frame but rather supply it with the Additional Heads and Titles which though at first it may seem somewhat general yet by diligent observation the Method and References to particular Clauses under the several Heads I hope it will answer the use and ease to the Peruser intended Which is the Aim and Desire of SIR Your very affectionate Friend and Servant T. M. AN Exact TABLE to the Abridgment of Statutes in force comprehending not only the Title but Substance thereof and the year of the King in whose Reign it was made and Chapter of each Statute throughout the severall Kings Reigns concerning the same Subject A. ABility and non-ability of a person presented to a Benefice by whom examinable Page 1 Articuli Cleri c. 13. an 9 Ed. 2. ibid. Account Bayliffs of Lords c. how to be made to account and by whom Statute Marlbridge c. 23. 52 H. 3. Stat. West 2. c. 11. 13 Edw. 1. Page 2 Attach None to be attached or forejudgsd contrary to Magna Charta 5 E. 3.9 25 E. 3.4 24 E. 3.3 Page 4 5 Accusation None may be accused without matter of record 42 Ed. 3.3 Page 5 Actions popular Recovery thereon where no barr 4 H. 7.20 ibid. How Informers are restrained therein 31 El. 5. Page 5 6 Where to be laid 31 El. 5. 21 Jac. 4. ibid. Additions of Titles what and where necessary 1 H. 5. Page 6 7 Administrators by whom to be appointed 31 Edw. 3.11 21 H. 8.5 Page 7 8 Admiralty the Admirals and the Court their power 13 R. 2.5 15 R. 2.3 2 H. 4.11 8 El. 5. Page 8 Advowson Writ of Advowson where it lies and for what West 2. c. 5. 13 E. 1. Page 8 9 Ale-house Who may keep it and their duty 5 6 Ed. 6.25 1 Jac. 9. offenders therein 4 Jac. 4.5 21 Jac. 10. 21 Jac. 7. 1 Car. 4. 3 Car. 3. Page 11 12 13 Aliens Their several kinds their advantages and discommodities 31 H. 6.4 1 R. 3.9 14 H. 8.2 21 H. 8.16 22 H. 8.8 13 H. 8.16 Page 14 ad 17 Amerciaments Who may be amerced and who not and by whom Magna Charta c. 14. 9 H. 3. Marlb c. 18. 52 H. 3. West 2. c. 6. Page 17 Anniversary Fast when to be kept and why 12 Car. 2. c. 30. Page 19 Anniversary Thanksgiving when and why to be observed 12 Car. 2. cap. 14. Page 20 Appearance What to be done therein and the punishment for neglect 10 H. 6.4 18 H. 6.9 Page 20 Appeals Who may be appealed and by whom where the appeal is good and where not Mag. Chart. c. 34. West 1. c. 14. 3 Ed. 1. Glouc. c. 14. 9 Edw. 1. West 2. 12. 13 E. 1. Artic. Cleri c. 10. 9 E. 2. Stat. of appeals 28 E. 1. 1 H. 4.14 Page 20 21 Appropriations Their nature how they are charged to the Poor and to the Vicar 15 R. 2.6 4 H. 4.12 pag. 22 23 Approvements When they be made and by whom and of and for what Merton c. 4. 20 H. 3. West 2. cap. 46. 13 E. 1. 3 E. 6.3 43 Eliz. 11. Page 23 24 Armor Arms. Who may or must use arms and where and and how 1 E. 1. 1 E. 3. Stat. 2.5 2 E. 3.3 7 R. 2.13 20 R. 2.1 Page 25 To imbezel arms is felony 31 El. 4. Page 25 Arrest who may arrest or be arrested West 1. cap. 34. 3 Ed. 1. 50 E. 3.5 1 R. 2.15 13 Car. 2. c. 2. Stat. 2. Page 25 26 Arrow-heads how to be made and marked 7 H. 4.7 Page 26 Assault The punishment for an assault of a Knight or Member of Parliament 5 H. 4.6 11 H. 6.11 Page 27 Assizes of Novel Disseisin c. where to be taken how for what by whom and when Mag. Chart. c. 12. 9 H. 3. West 1. c. 24. 3 E. 1. West 1. c. 36. 3 E. 1. West 1. c. 48. West 2. c. 25 46. 13 E. 1. Stat. de Conjunct Feoffat 34 E. 1. Stat. Ebor. 34 E. 2.1 7 R. 2.10 1 H. 4.8 4 H. 5.8 6 H. 6.2 11 H. 6.2 21 H. 8.3 pag. 27 ad 30 Attaint where grantable West 1. c. 37. 3 E. 1. 5 E. 3. 6 7. 28 E. 3.8 34 E. 3.7 Page 30 Want of Jurors therein make no delay De Attinct 13 E. 2. ibid. Where a Writ of Attaint will lye and for what 9 R. 2.3 13 R. 2.18 3 H. 5.5 Page 30 31 ad 35 What recoverable therein and against whom 11 H. 6.4 p. 30 Who may be Jurors in it 15 H. 6.5 18 H. 6.2 11 H. 7.21 37 H. 8.5 Page 31 32 33 35 The Process in
or rectifie within twenty daies the default of distress shall forfeit likewise to the poor forty shillings to be levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of distress shall incur commitment as aforesaid VIII The Officers or other parties receiving these penalties shall be accountable to the succeeding Officers and other parishioners ☞ IX Stat. 4 Jac. 4. None shall sell Ale or Beer to an unlicensed Alehouse-keeper save onely for the expence of his houshold in pain of 6 s. 8 d. for every barrel and so more or less according to that proportion X. This offence shall be prosecuted in the Quarter Sessions and the forfeiture shall be equally divided between the prosecutor and the poor of the Parish XI The Officer that shall levy the poors moiety shall deliver it to the Church-wardens and Overseers of the Parish or one of them and they shall in convenient time make distribution thereof to the poor in pain that both the Officer and they shall forfeit respectively double the value of that moiety to be recovered and employed as aforesaid XII Stat. 4 Jac. 5. One convicted of drunkenness in Court or before a Judge or Justices in their several limits shall forfeit five shillings to the poor to be levied and imployed as the penalties of 1 Jac. 9. and in case he be not able to pay it shall remain in the stocks six hours XIII Here the Officer that neglects to levy the said penalty shall forfeit ten shillings to be levied and employed as aforesaid XIV A Town-dweller which is convict to sit tipling in any Inn Victualling-house or Ale-house by the view of one Justice or the proof of two witnesses shall forfeit ten groats to be levied and employed as aforesaid and being not found able to pay it shall remain in the stocks four hours XV. These offences as also those mentioned in 1 Jac. 9. shall be enquired of heard and determined at the Ass Qu. Sess in corporate Towns and in Leets XVI One convicted the second time of drunkenness shall be bound in ten pounds with two sureties to the good behaviour XVII All Constables Church-wardens Headboroughs Tithingmen Aleconners and Side-men shall be charged on their Oaths to present the said offences XVIII This Act shall not restrain Ecclesiastical jurisdiction nor the two Universities XIX None shall be twice punished for one offence XX. The offenders against this Act shall be prosecuted within six months XXI Stat. 21 Jac. 10. An Alehouse-keeper lawfully convicted for any of the offences forbidden by the Statutes of 1 Jac. 9. or 4 Jac. 5. shall be disabled to keep Alehouse within three years after ☞ XXII Stat. 21 Jac. 7. One witness or the parties own confession shall be sufficient to prove the breach of 1 Jac. 9. and 4 Jac. 5. and the oath of the party confessing shall be sufficient to convince any other XXIII The like view proof or confession shall convince a drunkard as well for the penalty of 5 s. as for the binding of him to the good behaviour according to 4 Jac. 5. XXIV An Alehouse-keeper offending against 1 Jac. 9 or 4 Jac. 5. according to the alterations of this Act is disabled to keep Alehouse within three years after XXV All Constables Church-wardens Headboroughs Tithingmen Ale-conners and Side-men shall be charged on their oaths to present the offences committed against 1 Jac. 9. and 4 Jac. 5. according to the Alterations of this Act. XXVI Stat. 1 Car. 4. The Inn-keeper Alehouse-keeper or Victualler which suffers any person whatsoever to sit tipling in his house shall incurr the penalty of 1 Jac. 9. to be proved levied and employed as in that Statute is appointed XXVII Vintners which do also keep Inns or Victualling-houses shall be taken to be within this Act as also within the Statute of 1 Jac. 9. and 4 Jac. 4. ☞ XXVIII Stat. 3 Car. 3. None shall keep Alehouse without license in pain to forfeit 20 s. to the poor which the Constable and Church-warden upon warrant from the Justice before whom the offence is proved shall levy by distress which within three daies may be sold to satisfie the penalty and in case the delinquent hath not wherewithall the said Justice shall commit him to the Constable to be openly whipped And here the view of one Justice the confession of the party or proof by two witnesses is sufficient conviction XXIX Here the Officer that neglects to execute the Warrant or to punish the offender shall suffer imprisonment without bail or pay 40 shillings to be employed as aforesaid XXX In this case if the Alehouse-keeper offend the second time he shall be committed to the House of Correction for one moneth and for the third offence shall not be thence enlarged but by order of Sessions XXXI The offender once punished by this Act shall not be again punished by 5 6 E. 6.25 contra XXXII This Act shall not restrain the selling of Ale and Beer in Fairs Alienation without Licence I. Prerogat Regis Note that clause is in Rast fo 7. c. But I finde it not in the Stat. at large not in Stanford 'T is in Polton cap. 6. Cap. 6. 17 E. 2. None holding of the King in chief by Knight-service may without his Licence aliene so much of his Land that the residue will not suffice to doe his service but this is not meant of little parcels thereof II. When Serjeanties are aliened without the King's Licence the King hath used to rate them at a reasonable extent III. Stat. 1 Car. 3. All Licences of Alienations other then upon raising of uses by force of any Deed from or out of the Estate of the Covenantor shall be general to aliene without expressing any uses IV. The Officer that takes above 26 s. 8 d. for drawing pleading entring finishing and discharging a Licence or Pardon of Alienation shall forfeit to the party grieved for every peny so taken 5 s. to be recovered by information or action of debt and shall be for ever after disabled to bear Office in any Court of Justice Aliens I. Stat. 31 H. 6.4 If any stranger being in league or having the King 's safe conduct be attached in his person or robbed of his ship or goods by any of the Kings Subjects at sea or in any Port within the Kings Dominions the Chancellor upon a Bill of complaint calling to him any of the Justices of either Bench shall have power to enlarge the person so attached and to make delivery and restitution of the Ship or goods or the value thereof and also of all costs expences and losses sustained in that behalf * II. Stat. 1 R. 3.9 An Alien Artificer not made Denizon shall not remain nor exercise any Handicraft in England unless as servant to a Subject skilful in the same Art in pain to forfeit all his goods III. No such Alien shall here in England make any cloth or put any wooll to work in pain to
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
Nottingham Grantham Hull Huntington Cambridge Pereth Barwick St. German's in Cornwall and the Isle of Wight shall be Sees of Bishops Suffragans and the Bishops of such Sees shall be called Suffragans of this Realm V. The Bishop shall by Petition present to the King two persons to be his Suffragans whereof the King shall allow one who shall thereupon be called Bishops-Suffragan of that See and shall by the King's Letters Patents be presented to the Arch-bishop of the respective Province to be consecrated to the dignity of that Office which the Arch-bishop shall doe within three moneths after the receit of such Letters Patents VI. The Suffragan shall not exercise any greater authority nor make any other benefit then what is limited unto him by Commission from the Bishop of the Diocess in pain to incurr a Praemunire VII The Suffragan himself or the Bishop that presents him to the King shall at their own costs provide two Bishops or Suffragans to consecrate the Suffragan with the Arch-bishop VIII The Suffragan's residence over the Diocess shall be sufficient for his benefice and a Suffragan may have two benefices with Cure IX Stat. 1 E. 6.2 The Writ of Conge d'elire ousted and none but the King by his Letters Patents shall collate to an Archbishoprick or Bishoprick X. An Arch-bishop Bishop or Suffragan collated by the King shall pay all usual Fees XI All Process Ecclesiasticall shall be in the King's name but the Teste in the name of the person having Ecclesiastical Jurisdiction and when they issue from the Commissary Official or other Substitute he shall subscribe his name after the Teste XII The seal of Office belonging to any such person shall have the King's Arms engraven upon it with Characters under them to notifie the Diocess and he shall not use any other Seal in pain of imprisonment during the King's pleasure XIII Provided that no more or other Fees be taken for such Seal then as before and that the Arch-bishop of Canterbury may use his own seal and name for Faculties and Dispensations according to the Statute of 25 H. 8.21 and also that Arch-bishops and Bishops may make and order their Substitutes and may also issue Commissions of Suffragans Certificates to the Court of Tenths Colations Presentations Gifts Institutions Inductions Letters of Order or Dimissories under their own names and Seals as in times past XIV Certificates into a Court of Record shall be in the King's name under the Bishop's Seal engraven with the King's Arms as aforesaid Teste the Bishop XV. But note that this Statute was repealed by 1 M. 2. and that Act of M. is afterwards repealed by 1 Jac. 25. Yet quaere whether this Statute of 1 E 6.2 be now in force XVI Stat. 3. E. 6.1 The form of consecrating Bishops and Priests is established being comprised in a book compiled by six Prelates and six other appointed by the King which Statute see in Service and Sacraments But note that this Act was also repealed by 1 M. 2. as the other next before XVII Stat. 1 and 2 P. M. 8. All Bishops are confirmed Which see in Rome XVIII Stat. 8 Eliz. 1. The Statute of 1 El. 1. touching the book of Common Prayer and Administration of the Sacrament is confirmed XIX The Statute of 5 and 6 E. 6.1 touching the form of consecrating Arch-bishops and Bishops and the making of Priests Deacons and Ministers and all acts done concerning the consecrating of Bishops by force of the Queen's Commission are also confirmed XX. Provided that no person shall be impeached by any Certificate of any Bishop heretofore made touching the oath of Supremacy made 1 El. 1. XXI What Leases made by Bishops be good See Title Leases num 9. XXII Stat. 39. El. 8. Deprivations of Bishops and Deans in the beginning of the Queen's Reign shall be good and such as have been made since the Queen's time shall be lawful XXIII Stat. 1 Jac. 3. All assurances of Bishops lands to the King shall be void See Title Courts and Jurisdictions Ecclesiastical Books and Images I. Stat. 25 H. 8.15 None shall buy Books to sell again which are brought from beyond Sea ready bound in pain to forfeit for every book 6 s. 8 d. II. None shall buy of a stranger that is no Denizon any printed books brought from beyond Sea except in gross upon the like pain III. The forfeitures shall be levied of the buiers and divided betwixt the King and the prosecutor IV. The prices of books increased to unmeasurable rates shall be qualified by the Chancellor Treasurer and two chief Justices or any two of them ☞ V. Stat. 3 and 4 E. 6.10 Popish books are abolished and Images taken out of or yet remaining in Churches shall be destroyed But Quaere whether this Statute be in force because repealed by 1 M. 2. For albeit 1 M. afterwards be repealed by 1 Jac. 25. yet because the Statute of E. 6. was once repealed and not since revived by special words it may be doubted whether it be now in force VI. Stat. 14 Car. 2. ca. 33. An Act for preventing the abuses in printing seditious treasonable and unlicensed Books and Pamphlets and for regulating Printing and Printing-presses the said Act to continue for 2 years from the 10th of June 1662. and no longer VII Stat. 16 Car. 2. ca. 6. The Act for preventing the abuses in printing seditious and unlicenced books and pamphlets c. continued until the end of the next Session of Parliament VIII Stat. 16 and 17 Car. 2. ca. 7. continued until the end of the next Session of Parliament Bows and Bowstaves I. Stat. 12 E. 4.2 Four Bowstaves shall be brought into this Realm for every Tun of Merchandice brought in by any Merchant stranger from any place from whence Bowstaves have been formerly brought in pain of 6 s. 8 d. for every Bowstave whereof default is so made II. Search and survey shall be made of such Bowstaves by the head-Officer where the Ship c. lands who shall have power to appoint officers for that purpose III. Stat. 1 R. 3.11 Ten Bowstaves shall be brought into this Kingdom for every Butt of Malmsey or Tyre in pain of 13 s. 4 d. for every Tunn IV. Bowstaves shall not be sold ungarbled but to a Subject born ☞ V. Stat. 8 Eliz. 10. A Bowyer dwelling in London or the suburbs shall have always ready 50 Bows of Elm Witch-hasel or Ash well made and wrought in pain of 10 s. for every Bow failing of that number to be divided betwixt the King and the prosecutor who must be an Armourer Fletcher or Bow-string-maker VI. No Bowyer shall sell a Bow of outlandish Elm of the best sort for above 6 s. 8 d. of the second sort above 3 s. 4 d. and of the worst sort above 2 s. nor one made of English Elm above 2 s. in pain to forfeit for every Bow otherwise sold 40 s. to be divided betwixt the King and any of the aforesaid
thing against the Truce and the Conservator shall record the name of such Master and Owner and also of the Ship together with the number of the Mariners and if they take any thing from the Enemy the Conservator shall be acquainted therewith before discharge or sale if for some reasonable cause the Ship entred not some other Port then they must procure from the Conservator there a testimonial under Seal of the goods taken and their value to be shewed to the Conservator of the Port from whence they first came And all this they must doe in pain to forfeit the Ship and suffer imprisonment untill they make fine and ransom to the King VI. Provided that no possessor of a Ship shall suffer imprisonment or make fine unless he was present in the Ship when the offence was committed VII The Admiral shall have all forfeitures out of the Cinque-ports as before hath been used VIII Conservators to be made within the Cinque-ports by the King's Letters Patents and the Warden's Commission shall also have like power within that Franchise and the Warden shall have the forfeitures there as in times past Howbeit the death of a man is reserved to the Warden IX Stat. 4 H. 5.7 If any with whom Truce is broken at Sea complain thereof to the Keeper of the Privie Seal he shall have Letters of Request under the Privie Seal and if thereupon the offender makes not restitution he shall have Letters of Mart granted him under the Great Seal X. Stat. 14 E. 4.4 The former Statutes are confirmed ☞ Bridges I. Stat. 1 H. 8. ca. 9. An Act for Stanes Bridge Comitat. Middlesex II. Stat. 8 H. 6.28 An Act for the making Burford and Culhamford Bridges III. Stat. 22 H. 8.5 Four Justices 1 Qu. shall in Sessions inquire hear and determine the annoiances of Bridges and of the High-waies adjoyning within 300 foot next unto the said Bridges and shall also charge such as should repair them by sending forth processes and setting pains as they shall think fit IV. When it cannot be known what Precinct shall repair a Bridge or Way they shall be repaired by the County Riding or Corporation within which they are situate and if they happen to be situate in two of such Precincts the inhabitants there shall repair their several parts respectively V. The said four Justices have power to call before them the Constables or two able men of every Parish and by their assent to make a tax and to appoint Collectors to levy the same by distress and sale and also to appoint Surveyours of such decayed Bridges and Wayes unto whom the Collectors shall pay the money levied which said Collectors and Surveyors shall render an account unto the said Justices upon pain of imprisonment without bail VI. The Justices may in this case send process out of their jurisdiction which the Officers to whom it is directed shall obey and serve in pain to be fined by the said Justices VII This Act shall not extend to the five Ports nor to the members of the same save onely that their Officers shall have such power to reform annoyances of Bridges and Wayes there as the Justices of Peace have elsewhere by force of this Act. VIII The Justices shall allow to the Collectors and Surveyours their reasonable charges IX Stat. 1◠Eliz. 17. A good Law for the maintenance of Rochester bridge in Kent See the Statute X. Stat. 18 Eliz. 20. An Act for the repair of bridges and high-ways within one mile of Oxford See it at large XI Stat. 23 Eliz. 11. An Act for the re-edifying and maintenance of the bridges over Toffe near Cardiff in the County of Glamorgan in South Wales XII Stat. 27 Eliz. 25. Another Act for the repair of Rochester bridge XIII Stat. 39 Eliz. 23. An Act for the making and repairing of Newport and Carlion bridges over the River Usk. XIV Stat. 39 El. 24. An Act for the building of a Bridge at Wilton upon Wye in the County of Hereford near Ross and what Pontage shall be there taken XV. Stat. 43 Eliz. 16. An Act for the erecting and repairing of Edon and Presberk bridges in Cumberland XVI Stat. 3 Jac. 23. An Act for new making and repairing of Chepstow bridge XVII Stat. 3 Jac. 24. An Act for the building of Upton bridge over Severn in Worcester-shire within three years Exp. XVIII Stat. 14 Car. 2. ca. 6. A clause for repairing and maintaining a bridge called Foot-bridge in stead of another called Rey-bridge in Wiltshire XIX Proviso touching Stratford bridge in Hallingdon in the County of Sussex XX. The Surveyors of the high-ways are to see that all Bridges have sufficient walls posts or railes four foot high ☞ Brokers * I. Stat. 1 Jac. 21. The sale of goods wrongfully gotten to any Broker in London Westminster Southwark or within two miles of London shall not alter the property thereof II. If a Broker having received such goods shall not upon the request of the true owner truly discover them how and when he came by them and to whom they are conveyed he shall forfeit the double value thereof to the said owner III. This Act shall not prejudice the ancient Trade of Brokers in London being selected and sworn for that purpose it being onely intended against Fripers and pawn-takers who for the most part keep open shop ☞ Burning of Carts and Wood cutting of Dams Heads of Ponds Conduits Pipes Tongues and Ears and Barking of Trees * I. Stat. 3. 7 H. 8.6 If any maliciously and willingly cut the head of a Pond burn a Cart laden a heap of wood prepared for coal cut out the tongue of any tame beast being alive or the ear or ears of any person or bark any fruit-trees for every such offence he shall lose treble dammages to the party grieved and pay 10 l. to the King ☞ Butchers * I. Stat. Of Bakers and Brewers cap. 7. 31 E. 1. A Butcher that sells Swines-flesh mezeled or dead of the murrain for the first offence he shall be amercied for the second have the Pillory for the third be imprisoned and make fine for the fourth abjure the Town II. Stat. 4 H. 7.3 No Butcher shall kill any flesh in his Scalding-house or within the walls of London in pain to forfeit for every Ox so killed 12 d. and for every other beast 8 d. to be divided betwixt the King and the prosecutor III. The same Law shall extend to all other walled Towns and to Cambridge Barwick and Carlile onely excepted * IV. Stat. 15 Car. 2. cap. 8. No person using the trade of a Butcher shall at any time after Michaelmas next sell offer or expose to sale by himself or any servant or agent any fat Oxen Steers Runts Kine Heifers Calves Sheep or Lambs alive upon pain of forfeiture of double the value thereof one moiety to the King and his heirs the other moiety to him who shall sue for the same in any of his Majestie 's Courts of Record wherein
Stat. 3. LXVIII Stat. 14 Car. 2. ca. 9. Officers souldiers and mariners maimed indigent and aged which continued faithful to the King and the Widows and Orphans of such as have died in the King's service shall be provided for by pensions or otherwise by the Justices of the Peace in every County See the Statute at large LXIX Stat. 15 Car. 2 ca. 4. Stat 3. For better ordering the forces in the several Counties of this Kingdom The several Lievtenants nominated by his Majesty his Heirs and Successors within their limits and in their absence their Deputy-Lievtenants or any two of them may lead and exercise or by warrants under their hands and seals cause to be led or put in readiness all persons raised arraied or weaponed according to the said Act and this Act. LXX All persons charged upon pain of forfeiting 5 s. shall pay and allow 2 s. 6 d. by the day to every trouper for maintenance of the man and horse and upon pain of 2 s. shall allow 1 s. by the day for so many daies as they shall be absent by occasion of Muster unless agreement be made to the contrary the said penalty to be paid to the Souldier to whom such pay is denied to be demanded within 6 weeks after default or at or before the next Muster and not afterwards LXXI If any persons charged according to the said Acts refuse or neglect by a reasonable time to be appointed to provide and furnish Foot-souldiers and Arms as charged upon them the Lievtenants and Deputy-Lievtenants or any 3 of them may inflict a penalty not exceeding 5 l. for every such offence to be levied as followeth and imployed to the same uses in default whereof the same was imposed LXXII The Lievtenants and Deputy-Lievtenants or any 3 of them may appoint the Constables of every Parish to provide upon penalties not exceeding 40 s. for every omission so many sufficient Foot-arms with wages and other incidents as they shall think fit according to the rules and proportions of the said Acts upon revenues under 50 l. per annum and personal estates under 600 l. within their Parishes LXXIII If any person charged shall refuse or neglect to find a Foot-souldier or pay him according to the rate signed by the Lievtenants Deputy-Lievtenants or any 3 of them the Constables by warrant for that purpose may levy the same by distress and sale of the offender's goods restoring the overplus the charges of distraining deducted and the Tenant may pay the same for any Land-lord and deduct the same out of his Rent and in default the Tenant's goods may be distrained and sold for the same LXXIV Once in every year every Souldier shall pay the Muster-master such summ not exceeding 1 s. an horse-man and 6 d. a Foot-souldier as the Lievtenants or Deputy-Lievtenants or any 3 of them under their hands and seals shall direct which may be levied by distress and sale and every Muster-master shall be an Inhabitant of the respective County LXXV Every Musketier shall bring to every Muster half a pound of powder and half a pound of bullets and if serving with a match-lock 3 yards of match and every horse-man a quarter of a pound of powder and as much of bullets at the charges of the persons charged with the said horse or foot-arms upon pain of 5 s. for every omission thereof LXXVI The Lievtenants or Deputy-Lievtenants or any 3 of them may for 3 years from the 24 of July 1663. summon and continue together the said trained forces so long as they shall judg convenient in lieu of certain daies appointed for musters by the said Act entitled An Act for ordering the Forces in the several Counties of this Kingdom LXXVII Provided any Troop or Company may be kept upon such duty by virtue hereof 14 daies and no longer in any one year LXXVIII Provided every commissioned Foot-officer in the Trained bands or Militia be excused from finding and contributing for horse and foot-souldier and arms for his whole estate if he be charged but with one horse c. LXXIX Each Constable or other officer upon pain of 40 s. by virtue of any Warrant to them from the Deputy-Lievtenants or any three of them shall levy all arrears and proportions of money unpaid charged for raising of forces as aforesad by virtue of the said Act by distress and sale of the offenders goods LXXX Every Trouper and foot-souldier shall be subject to such exercise and duty as others charged by the said Act and observe order upon like pains and penalties for any offences and to be levied by the same waies and means as in the said Act. LXXXI The Lievtenants and Deputy-Lievtenants or any 3 of them may dispose of so much of the 4th part of one moneths assessment mentioned to be levied by the said Act yearly to the inferiour officers for their pains as to them shall seem expedient LXXXII Every person sued for any thing done in execution of this Act may plead the general issue and upon non-suit or discontinuance of the Plaintiff recover double costs and no action shall be brought against any such unless laid in the proper County and commenced within six moneths after cause of action LXXXIII All forfeitures penalties and payments in case of defaults may be levied and recovered by warrants under the hands and seals of the Lievtenants and Deputy-Lievtenants or any 3 of them by sale of the goods of the offenders and for want of goods by imprisonment until satisfaction LXXXIV All persons which since the 25 of March 1662. have acted or done any thing in dismantling of any Cities or Towns or demolishing of walls or relating thereunto are indemnified LXXXV No person who hath an Estate of 200 l. per annum or personal estate of 2000 l. shall be charged towards finding any foot and any person who hath 100 l. per annum and under 200 l. per annum or a personal estate of 1200 l. and under 2000 l. may be chargeable towards horse or foot as the Deputy-Lievtenants or any three of them shall think fit this not to extend to Cities Corporations and Port-towns LXXXVI Provided the Warden of the Cinque-Ports and their members in absence of the Lievtenants and Deputy-Lievtenants may execute this Act and the members thereof not to be charged for their estates lying out LXXXVII Proviso as in the former Act touching the Parish of St. Martin called Stamford Baron in the Borough of Stamford Com. Lincoln LXXXVIII Seamen Vid. Ships num 83. Captives I. Stat. 16 17 Car. 24. An Act for the relief of them taken by Turkish Moorish and other Pirates and to prevent the taking of others in time to come See the Stat. at large Castles and Fortresses I. Magna Charta 19. No Constable of Castle or his Bailiff shall take provision of a stranger without ready money and one that dwelleth where the Castle is shall be paid for it within fourty dayes II. Magna Charta 20. A Knight shall
Commissioners for paving and mending the streets who are enabled to call the Commissioners for Hackney-coaches to accompt for the same VI. All Fines Rents Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress by Warrant under the hands and seals of any 5 of the Commissioners and for want of distress by Imprisonment of the persons untill satisfaction Coals I. Stat. 16 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals brought into the River of Thames and sold shall be sold by the chaldron containing 36 bushells heaped and according to the bushell sealed for that purpose at Guild-hall London and so proportionably II. All other Coals commonly sold by weight after 112 pound to the hundred upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals and the double value thereof to be recovered in any Court of Record or by complaint to the Lord Mayor of London and Justices of the Peace within the City and liberties or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale who upon due pro of upon oath may convict the offenders and give Warrant under their hands and seals for levying the forfeitures one half to the person complaining the other half for the poor or repairing high-ways within the same parish or any other adjoyning parish by their direction or Warrant III. The said Lord Mayor and Court of Aldermen of London and Justices of Peace in their several Counties or any 3 of them whereof one of the Quorum may set rates or prices upon such Coals to be sold by retail allowing competent clear profit to the retailer IV. If any ingrosser or retailer refuse to sell as aforesaid they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored and if refused taking a Constable force entrance and sell the said Coals at such rates rendring the money to the ingrosser or retailer necessary charges deducted This Act to continue 3 years next and to the end of the next session of Parliament and no longer V. Provided no person be sued upon any other Act for the same offence and that the general issue may be pleaded by the defendant to any action upon this Act and upon verdict for the def or that the plaintiff be nonsuit to have dammages and double costs VI. Provided that no person having any interest in any Wharf used for receiving or uttering Coals or trading by himself or in any others name in engrossing or selling Coals shall intermeddle in setting the prices thereof Collectors I. Stat. 18 H. 6.5 None appointed to be a Collector of a fifteen in a City or Borough shall be also Collector in the same County unless he may dispend in the County out of such City in lands 5 l per annum above all reprises II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money and their assistants and deputies Commission and Commissioners I. Stat. 42 E. 3.4 Commissions of Inquiries shall be made to the Justices of the one Bench or the other Justices of Assize Justices of Peace with others of the most worthy in the Countrey save in the Office of the Escheatorship II. Stat. 4. H. 4.9 If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands the Chancellor of England calling to him some of the Justices and the chief Baron if need be hath power to give remedy therein III. Stat. 7 H. 4.11 Commissioners not receiving a Commission shall be discharged thereof upon oath IV. The Barons of the Exchequer have power to administer the oath and to discharge them thereupon V. The Barons of the Exchequer and the Justices of either Bench have also power by Dedimus potestatem to receive such oaths in the Country and the Justices shall make certificate thereof into the Exchequer and thereupon also the Barons shall discharge the Commissioners their heirs executors and land-tenants VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer and of inquiry and certifying onely Common Pleas. I. Magna Charta 11. 9 H. 3. Common Pleas shall not follow the Court but shall be holden in some place certain II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer contrary to the form of the Greâ— Charter Common Prayer See Religion Conditions I. Stat. 32 H. 8.34 Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands as fully as the Lessors their heirs or successors might have done II. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their lessors or grantors their heirs or successors all advantage of recoveries in value by reason of any warranty in Deed or Law by Voucher or otherwise onely excepted Confirmation I. Marlbr 5. 52 H. 3. The Great Charter and that of the Forest shall be duely observed and inquired of before the Justices in Eyre and the Sheriffs in their Counties and the offenders shall be grievously punished by the King II. Stat. 25 E. 1. cap. 1 2 3 4. The Great Charters are confirmed judgments given against them shall be void they shall be read in all Cathedral Churcheâ—â— and Excommunication shall be pronounced against the breakers of them III. Artic. super Chart. 1. 28 E. 1. The Great Charter and that also of the Forest shall be duly observed IV. They shall be read four times in the year in a full County-Court viz. at the Counties after Mich. Christm Easter and St. John Baptist V. There shall be three Knights or other substantial men chosen by the Commonalty in every County to hear plaints concerning the Charters and to determine them without such delay as is used at the Common Law but they shall not in their proceeding prejudice the Common Law or the Charters VI. They shall have their power by the King 's Writ under the Great Seal and the Sheriffs and Bailiffs shall be attendant upon them VII Stat 1 E. 3.1 The Great Charter and that of the Forest shall be duly kept and put in execution See Ann. 2.4.5.10.14 28.31.36.37.42 45 E. 3. cap. 1. 50 E. 3. cap. 2. and Ann. 1.2 Stat. 2.5.6 Stat. 1. cap. 1.7 cap. 2.8 12 R. 2. cap. 1. also Ann. 1.2.4.7.9 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1. VIII Stat. 10 E. 3.1 All Statutes not repealed shall be kept and put in execution See also 28.36.37 38 E. 3. cap. 1. and 1.2 Stat. 2.35.6 cap. 1.7 cap. 2.8.9 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9 13. 4 H. 5. cap. 1. IX Stat. 42 E. 3. If any Statute be made contrary to Magna Charta or Charta de Foresta it
shall be void X. Stat. 1 H. 4.4 The Parliament holden in Ann. 11 R. 2. shall be holden and kept according to the purport thereof as a thing done to the great honour and common profit of the Realm XI Stat. 1 E. 4.1 An Act was made whereby was confirmed all Judicial Acts Exemplifications Concords Recoveries Process in Court c. made in the times of H. 4. H. 5. and H. 6. and all grants and letters Patents of divers things mentioned in the said Act made by any of the said three kings See the Statute at large XII The confirmation of divers particular Statutes See under their proper titles ☞ Conjuration Enchantment and Witchcraft * I. Stat. 1. Jac. 12. If any shall be convicted to have used any invocation or conjuration of any evil Spirit or to have consulted covenanted with entertained imployed fed or rewarded any such Spirit or taken up any dead person or the skin bone or other part thereof to have used in Witchcraft Sorcery charm or inchantment or to have used any of the said Arts to kill consume and lame any person they together with their accessaries before the facts shall suffer as felons without benefit of Clergie II. If any shall be convicted to have by Witchcraft Sorcery Charm or Inchantment undertaken to tell where any treasure or goods lost or stollen may be found or are become or to provoke any to unlawfull love or to destroy or hurt any cattel goods or person albeit the same be not effected they shall for the first offence suffer one year's imprisonment without bail once every quarter of that year-stand six hours upon the pillory in some open Fair or Market and there make open confession of the offence committed and for the second offence shall suffer as felons without benefit of Clergie III. But in these cases shall be no loss of dower or disherison of heir And a Peer being an offender shall be tried by his Peers ☞ Conspiracie I. Artic. sup Charta 10. 28 E. 1. Against Conspirators false Informers and imbraceors of inquests the King hath provided a Writ in the Chancery and the Justices of either Bench and Justices of Assize shall upon every plaint thereof award inquests thereupon without Writ II. Stat. 33 E. 1. Conspirators are such as bind themselves by oath or other alliance falsly and maliciously to indict and falsly to move and maintain pleas and such as cause children within age to appeal men of felony and retain men to maintain their malicious enterprizes And this extendeth as well to the takers as givers and also Stewards and Bailiffs who by their power maintain debates that concern not their Lords but other parties III. Stat. 7 H. 5. Whereas divers have been indicted for treasons and felonies supposed to be committed in places there being none such to be found every Justice having power to hear and determine such offences by the oath of twelve men whereof each shall have Free-hold within the County of the yearly value of 5 l. besides all reprises shall before Exigent inquire of Office whether there be indeed any such places or no And if there be no such place or places in the County where such appeals or indictments are made they and the process thereupon shall be void and the Indictors shall be punished by imprisonment fine and ransome at the discretion of the said Justices and if any Exigent be awarded before inquisition it shall be also void This Act to continue in force untill the next Parliament IV. Stat. 9 H. 5.1 The Stat. of 7 H. 5. shall continue in force untill the next Parliament after the King's return from beyond Sea V. Stat. 18 H. 6.12 The Statute of 9 H. 5.1 made perpetual because H. 5. dying beyond Sea some were of opinion it was expired Constable and Marshal I. Stat. 8 R. 2.5 The Constable and Marshall shall not have conusance of Pleas or suits which ought to be discussed at the Common Law II. Stat. 13 R. 2. Stat. 1.2 The Constable of England hath cognisance of things concerning Arms and Wars which cannot be discussed by the Common Law III. In this Court the Plaintiff shall plainly declare his matter in his Petition before the Defendant be sent for IV. When a Plea is commenced before the Constable and Marshall which may be tried at the Common Law the party grieved shall have a privy Seal to cause the Constable and Marshall to cease untill it may be decided by the King's Councel whether it may be tried there or at the Common Law Contra formam Collationis I. West 2.41 13 E. 1. If lands given to Abbies Priories Hospitals or other Religious Houses or to maintain a Chantery a light or Alms be alienated the King shall seize it and the purchaser shall lose both the land and his money II. If the house were founded by a Subject he shall recover the land by a Writ which see in the Statute at large III. If it were given to maintain a Chanterie a light or Alms and not aliened but the duty withdrawn two years together the donor or his heir shall recover it by Cessavit Conventicles 1. Stat. 16 Car. 2. cap. 4. The Stat. of 35 El. cap. 1. declared to be in force and further remedies against the dangerous practices of seditious Sectaries and other meetings in Conventicles under colour of exercise of Religion and the Act at large being upon continuance for 3 years after the end of this Parliament and to the end of the next session of Parliament after the said 3 years and no longer Conusance I. Stat. 9 H. 4.5 Where in Assizes and Pleas of land or rent within Franchises and ancient Demesne against certain persons the names of the Mayors Bailiffs or Communalties in Franchises and of the Lords or Bailiffs in ancient Demesne are therein also by collusion inserted supposing them also to be disseisors or tenants of the land and with purpose to exclude them from the conusance of the matter in Plea which by reason of their Franchises and Liberties ought to be discussed before them in such Assizes and Writs the Justices shall upon request first inquire by the same Assize whether they be indeed disseisors or tenants or whether their names be inserted by fraud as aforesaid II. If it shall be found by fraud the Assizes or Writs shall abate and the Plaintiff shall be grievously amercied notwithstanding there be others named therein who are in truth disseisors or tenants III. Stat. 8. H. 6.26 In Assizes or personal actions if the Defendant make default by collusion with purpose that Mayors Bailiffs or other Communalties or Lords and Bailiffs should lose their jurisdictions the Justices shall upon request inquire thereof by Assizes or inquests where both the Plaintiffs and the owners of such Franchises and Liberties may have their challenges And if collusion be found the Writs shall abate and the Plaintiff shall be amercied Copiholds I. Stat. 7 Jac. 21. Compositions made by Decrees in the Exchequer
shall not give liberty to any Badger c. to buy Grain out of open Fair or Market to sell again unless there be special words in his license to warrant the same in pain to forfeit for every time so offending 5 l. V. These forfeitures are to be divided betwixt the Queen and the prosecutor VI. The Queen's moiety shall be estreated according to the usual manner and the prosecutor's levied by Fiery facias or Capias but when the suit is wholly the Queen's the whole shall be estreated for her use VII Justices of Peace have power to hear and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make process thereupon VIII This Act shall not restrain Purveyors of Cities and Towns Corporate neither yet the inhabitants of the Counties of Westmorland Cumberland Lancaster Chester and York ☞ IX Stat. 13 Eliz. 13. For the increase of tillage and the maintenance of the Navy and Mariners the Lords Presidents and the Councils in the North and VVales Justices of Assise in their Circuits and Justices of Peace in their Sessions have power to license or prohibit the transportation of Grain at their discretions Provided their order be first approved by the Queen or her Council which also may be countermanded by the Queen's Proclamation if there be cause for it X. Stat. 3 Car. 4. Corn may be transported to the Kinâ—â— Allies when Wheat is sold for 32 s. Rie for 29 s. Beans for 10 s. and Barley or Malt for 16 s. the quarter or under See Title Trade num 1. ☞ Coroner I. West 1.10 3 E. 1. Sufficient men of the most wise and discreet Knights shall be chosen in all Counties for Coroners II. The Sheriffs shall have counterparts with the Coroners of all things which concern their Office III. They shall take nothing of any man to doe their office in pain of great forfeiture to the King IV. Stat. 4 E. 1. Officium Coronatoris See the Statute at large V. Stat. De Exonia de inquisitione super Coronatores 14 E. 1. See the Statute at large together with the Articles thereunto annexed VI. Stat. 14 E. 3.8 A Coroner shall have sufficient in the County whereof to answer all people VII Stat. 28 E. 3.6 Coroners shall be chosen in the full Counties of the most convenient and lawful men saving unto the King and other Lords that may make Coroners their Franchises VIII Stat. 1 H. 8.7 Where one is slain by misadventure the Coroner shall execute his office without fee in pain of 40 s. IX Justices of Assise and Peace have power to inquire of and punish the defaults and extortions of Coroners Corporation I. Stat. 19 H. 7.7 Corporations shall not make or execute any Ordinances in diminution of the prerogative of the King or of other or against common profit except approved by the Chancellor Treasurer and the chief Justices or three of them or by the Justices of Assise in pain of 40 l. II. They shall make no Ordinance to restrain suits in the King's Court upon the like pain of 40 l. III. Stat. 22 H. 8.4 They shall take but 2 s. 6. d. for the first entry of an Apprentice and 3 s. 4 d. for his entry of Freedom in pain of 40 l. to be divided betwixt the King and the prosecutor IV. Stat. 28 H. 8.5 No Corporation shall by oath or bond restrain any Apprentice or Journey-man from keeping Shop or take money of them for their freedom or the occupying of their profession otherwise then as is limited by 22 H. 8.4 in pain of 40 l. to be divided as aforesaid V. Stat. 33 H. 8.27 In Acts to be done by Corporations the consent of the greater part shall binde and the Oath taken by them to the contrary shall not be observed VI. No person shall hereafter give any such oath in pain of 5 l. to be divided betwixt the King and the prosecutor VII Stat. 13 Car. 2. ca. 1. An Act impowering the King to issue Commissions for governing and regulating Corporations Exp. 25 March 1663. Corpus cum causa Certiorari Habeas Corpus Supersedeas I. Stat. 2 H. 5. Stat. 1.2 If a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an execution at another man's suit he shall be remanded II. Stat. 43 El. 5. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered unto the Judge or Officer of the Court before the Jury appear and one of them be sworn III. Stat. 21 Jac. 8. Process of the Peace and good behaviour shall not issue out of the Chancery or King's Bench but upon motion in open Court and good cause shewed upon oath which shall also be indorsed upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison until he pay the party grieved all his costs and dammages IV. All Writs of Supersedeas shall be void unless such process be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appear to the Court upon oath to be Subsidy-men assessed at 5 l. lands or 10 l. goods and also unless the prosecution against the party for the peace or good behaviour be bonâ fide and here false sureties procured for the gaining of such Writs shall be punished by the Judges V. Certioraries shall not be allowed unless the indicted will become bound with sufficient sureties such as the Justices of Peace in Sess shall like of to pay to the prosecutor within one moneth after conviction such costs and dammages as the said Justices shall assess VI. Stat. 21 Jac. 23. No Writ to remove a suit commenced in an inferiour Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joyned so as such issue or demurrer be not joyned within six weeks after the arrest or appearance of the Defendant VII An Action or suit once remanded shall never afterwards be again removed VIII When the thing in demand exceedeth not 5 l. the suit shall not be removed by any Writ save onely by Writs of Error or attaint IX This Act shall onely extend to Courts of Record where an Utter-barister of 3 years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Council in any Action there depending X. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Cousenage Ayel and Besayel I. West 2.26 13 E. 3. In Writs of Cousenage Ayel and Besayel the tenant's answer that the Plaintiff is not next heir of the same Ancestor by whose death he demandeth his land shall be admitted and inquired and according to the same inquisition the Justices shall proceed to judgment ☞ Cottages * I. Stat.
II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority and that the same having made several alterations prejudicial to the ancient rights of Parliament and contrary to the laws of the land and by experience is found inconvenient doth repeal and adnull the said recited Act to all intents and purposes whatsoever III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops Bishops or persons therein named but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same IV. Proviso and enacted that it shall not be lawfull for any Arch-Bishop Bishop Chancellor or other Ecclesiastical Judge Officer or person having or exercising spiritual or Ecclesiastical jurisdiction to tender or administer unto any person whatsoever the oath Ex officio or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess or accuse or purge him or her self of any criminal matter or thing whereby he or she may be liable to censure or punishment V. Proviso Not to give any other jurisdiction to any Arch-Bishops c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament or established by the Laws as they stood in the year 1639. ☞ Cross-bows and Hand-guns * I. Stat. 33 H. 8.6 None shall shoot in or keep in his house any Cross-bow Hand-gun Hagbut or Demihake unless his lands be of the value of 100 l. per annum in pain to forfeit 10 l. for every such offence II. None shall shoot in or have any Hand-gun under the length of one yard nor Hagbut or Demihake under the length of three quarters of a yard in pain to forfeit 10 l. And it shall be lawfull for any man having lands of 100 l. per annum to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute but then he ought to break them within 20 days after in pain of 40 s. III. None shall travell with a Cross-bow bent or Gun charged except in time of war or shoot within a quarter of a mile of a City Borough or Market-Town except for the defence of himself or his house or at a dead mark in pain of 10 l. IV. None shall command his servant to shoot in any Gun or Cross-bow except at a dead mark or in time of war in pain of 10 l. V. The penalties abovesaid shall be divided betwixt the King and the prosecutor VI. Howbeit the followers of Lords Spiritual or Temporal Knights Esquires Gentlemen and the inhabitants of Cities Burroughs or Market-towns may keep in their houses and use to shoot but at a dead mark onely with Guns not under the lengths abovesaid so may the Owner of a Ship for the defence of his Ship and also he that dwells two furlongs distant from a Town or within five miles of the Sea-coast and this last may shoot at any wilde beast or fowl save onely Deer Heron Shovelard Fesant Partridge wild Swan or wilde Elke VII Those which have power from the King to take away Guns and Cross-bows in Forests Parks and Chases may retain the same notwithstanding this Act so likewise may Smiths and Merchants that make or sell them the several lengths abovesaid being duly observed ☞ VIII It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace who upon due examination and proof shall have power to commit him to prison there to remain till he hath satisfied the penalty which in this case shall be divided betwixt the King and the party that so takes the offender IX Every Placart granted by the King which expresseth not at what beasts or fowl the Grantee shall shoot and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other shall be adjudged void X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences XI When the conviction is in Sessions the whole forfeiture is to be levied to the King's use when in a Leet the one half is the King 's and the other half ought to be divided betwixt the Lord and the prosecutor XII Here if a Jury shall willingly conceal any thing the Justices or Steward have power to impannel another Jury by whom if the first Jury be found guilty of concealment they shall forfeit 20 s. a piece viz. to the King if it be in Sessions but if in a Leet then the one half to the Lord and the other half to the prosecutor XIII Forfeitures arising by this Act shall be sued for viz. by the King within one year and by a common person within six months otherwise they shall be lost XIV A servant upon command may use his Master's Cross-bow or Gun not prohibited by this Act so as he shoot at no fowl Deer or other game and may also by a license in writing carry it to any place to be mended * ☞ XV. Stat. 2. 3. E. 6.14 None under the degree of a Baron shall shoot in any Hand-gun within any City or Town at any fowl whatsoever or with any hail-shot in pain of 10 l. and 3 months imprisonment XVI This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6 so that they forbear to use any hail-shot and all other that presume to shoot shall present their own names viz. in a Corporation to the Mayor or Head-officer and in the County to the next Justice of Peace in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor Crosses I. West 2.33 13 E. 1. Lands where Crosses be set with purpose that the tenants thereof should defend themselves against the chief Lord or Lords by the Privileges of Templars and Hospitallers shall be forfeited as lands aliened in Mortmain ☞ Crown I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France II. Stat. 7 H. 4.2 The Crown of England and France were intailed to the King and his four sons by name III. Stat. 35 H. 8.1 The Crown of England is intailed to the King's daughter the Lady Mary the remainder to the Lady Elizabeth the
remainder to such as the King by his Letters Patents or last will in writing should limit * IV. Stat. 1 El. 1. No forein Potentate or person shall exercise any power within any of the Queen's Dominions and all Ecclesiastical Jurisdiction is annexed to the Crown so that the Queen and her successors by Letters Patents may authorize any Subject born to exercise the same V. For the better observance of this Act every Ecclesiasticall person and every officer both Ecclesiastical and Temporal and all the Queen's servants are enjoyned to take the Oath following VI. I. A. B. do utterly testifie and declare in my conscience that the Queen's Highness is the onely Supreme Governour of this Realm and of all other her Highness Dominions and Countreys as well in all Spiritual or Ecclesiastical things or cases as Temporal and that no forein Prince person Prelate or Potentate hath or ought to have any jurisdiction power supremacie preeminencie or authority Ecclesiastical or Spiritual within this Realm and therefore do utterly renounce and forsake all forein jurisdiction powers superiorities and authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queen's Highness her heirs and lawfull successors and to my power shall assist and defend all jurisdictions priviledges preeminencies and authorities granted or belonging to the Queen's Highness her heirs and successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book VII He that refuseth this oath shall forfeit his Spiritual or Temporal promotion or Office during his life And every person before he be admitted to any such promotion or Office shall take the said oath before such persons as shall have authority to minister the same and in case he refuse it he shall be adjudged uncapable of such promotion or office VIII Every person suing Livery or Oustre le main doing homage to the Queen received into the Queen's service taking orders or degrees in the Universitie shall take the said oath the first three before the Lord Chancellor or Keeper of the Great Seal the fourth before the Ordinary or Commissary and the last before the Chancellor or Vice-chancellor or their Deputies IX Provided if any having a Temporal Office of inheritance shall at first refuse to take the said oath and yet doth afterwards take it he shall be restored to his office X. None shall affirm or maintain the power or jurisdiction of any forein Prelate or Potentate within the Queen's Dominions in pain to forfeit all his goods and chattels and if he be not worth 20 l. at the time of his conviction he shall forfeit all he hath and besides suffer one whole year's imprisonment without bail and here for the second offence he shall incurre a praemunire and for the third shall be adjudged guilty of High Treason but this offence must be prosecuted within one year after it is committed and if the offence be by preaching teaching or words onely the prosecution by indictment shall be within six months otherwise the offender shall be set at liberty XI If he be a Clergie-man beneficed upon the first conviction all his spiritual promotion shall be void XII A Peer of the Realm guilty of such an offence shall be tried by his Peers XIII No Act for any matter of Religion or cause Ecclesiastical made by this Parliament shall be adjudged any errour heresie or Schism neither shall any person to whom the Queen her heirs and successors shall give authority to execute spiritual jurisdiction have power to adjudge any matter to be Heresie save onely such as have been so adjudged by Can. Scripture or by one or more of the General Councils or shall be so adjudged by the Parliament with the assent of the Clergie in their Convocation XIV No person shall hereafter be indicted or arraigned for any of the offences made by this Act but by two or more sufficient witnesses to be produced viva voce to testifie the same XV. No person shall be questioned for relieving aiding or comforting any such offender unless it be testified by two witnesses at least that at the time of such relief c. he had notice of the offence committed XVI Stat. 1 El. 3. The Parliament acknowledge the Queen to be right heir to the Crown and promise to defend her and the heirs of her body in that estate XVII The limitation of the Crown contained in 35 H. 8.1 shall stand and remain Law for ever and all clauses of Statutes and other things heretofore passed against the same shall be void * XVIII Stat. 5 Eliz. 1. None shall maintain the jurisdiction of the Bishop or See of Rome within any of the Queen's Dominions in pain to incurre a Praemunire both they and their accessaries ☞ XIX Justices of Assize and Just of Peace in Sessions or any two of them 1 Qu. have power to hear and determine this offence and are to certifie such presentments into the King's Bench within 40 days after they receive them if it shall be then Term-time if not then the first day of the Term then next ensuing in pain of 100 l. The Justices of the King's Bench also as well upon such certificate as also before themselves have power to hear and determine the same offence XX. All persons appointed to take the Oath of Supremacie by 1 El. 1. and all other Persons taking orders preferred to any degree in the Universities School-masters publick and private all persons taking any degree of Learning in the Laws in the Innes of Court or Chancery all Attorneys Protonotaries Philizers Sheriffs Escheators Feodaries all persons admitted to any Ministry or Office belonging to the Common Law or other Law or Laws and all Officers and ministers of every Court shall take the said Oath verbatim before they be admitted to exercise their Office ministry or profession which Oath shall be administred in open Court unto the Officers and Ministers of Courts and unto such as belong not to any Court in some open place in the presence of a convenient assembly and before other person authorized to give it by common use commission or otherwise XXI Archbishops and Bishops have power to minister the said Oath within their proper Diocess XXII The Lord Chancellor or Keeper without further warrant may direct Commissions to tender it XXIII None compellable to take this Oath by this Act or that of 1 Eliz. shall refuse to take it in pain to incurre a Praemunire so that they be indicted or presented for such default within a year XXIV Every person having authority to tender this Oath shall within 40 days after the refusal thereof if it be then Term-time if not then the first day of the next Term certifie under his hand and seal the name place and degree of the person so refufing unto the King's Bench in pain of 100 l. And the Sheriff of the County shall impannel a Jury of the same County to inquire
upon such refusal which Jury may upon evidence indict the party refusing as well as if the indictment were preferred in the proper county XXV If any refuse to take this Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both cases both they and their accessaries shall suffer as in case of High Treason But here there shall be no corruption of bloud disheriting of any heir forfeiture of Dower or prejudice to the right of any save onely of the offender during his life and then the party next in reversion or remainder may enter without any Oustreâ—le main to be sued Here also none shall be deemed an accessary for giving of alms in charity to the offender without fraud XXVI This Oath shall be expounded in such form as is set forth in an admonition annexed to the Queen's Injunctions published in the first year of her reign viz. to acknowledge in her Majesty her heirs and successors such authority as was challenged and used by H. 8. and E. 6. and none other XXVII This Act shall be published every Quarter-sessions by the Clerk of the Peace and at every Leet by the Steward there and once every Term in the open hall of every Inns of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XXVIII Every member of the Commons House before he shall have a voice there shall take this Oath before the Lord Steward or his Deputy and if he enter the House before he take it he shall incurre such penalties as he who presumes to sit there without election return or authority XXIX None of or above the degree of a Baron shall be compelled to take this Oath and a Peer offending this Act shall be tried by his Peers XXX Provided that none shall be compellable to take this Oath upon a second tender or be in danger by refusal thereof to incurre the penalty of High Treason save onely Clergie-men Officers of Ecclesiastical Courts or such as shall not observe the rites of Divine service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or hear private Mass XXXI It shall not be lawfull to slay one attainted in a Praemunire XXXII Saving the due execution of every person attainted upon judgment lawfully given by reason of this Statute or otherwise saving all such pains of death or other punishment as heretofore might without danger of Law be done upon any person that shall send or bring into the Queen's Dominions or within the same execute any process against any person from the Bishop or See of Rome XXXIII None shall be hereafter indicted as an accessary for any of the said offences without such sufficient proof as may satisfie the Jury that are to indict him * XXXIV Stat. 13 El. 2. If any shall obtain or put in ure any Bull of absolution or reconciliation from the Bishop of Rome or absolve or be absolved thereby they and their accessaries before the fact shall be adjudged guilty of High Treason XXXV The comforters and maintainers of such offenders shall incurre a Praemunire and their concealers misprision of Treason unless within six weeks they discover them to some of the Privie Council or to one of the Presidents or Vice-Presidents of the Councils established in the North or Marches of Wales XXXVI Provided no person shall be impeached of misprision of treason for any offence made treason by this Act other then such as are hereby declared to be in case of misprision of Treason XXXVII If any shall bring into any of the Queen's Dominions any Agnus Dei Crosses Pictures Beads or any such vain or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire Howbeit if the party unto whom tender thereof shall be made apprehend the party tendring the same and carry him before the next Justice of Peace or not being able so to do within three days after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of Peace within the same County or having received the same doth within one day after deliver it to some such Justice of Peace then shall he not incurre any Prejudice by reason of this Act. XXXVIII A Justice of Peace shall disclose the offences aforesaid to the Privy Council within fourteen days after he shall have notice thereof in pain of incurring a Praemunire XXXIX Here the trial of Peers shall be by their Peers XL. The right of others saved * XLI Stat. 23 El. 1. It shall be high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any within the Queen's Dominions from their natural obedience to her Majesty or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shall be willingly so withdrawn or reconciled as aforesaid together with the procurers and Counsellors of such offenders shall be adjudged guilty of the same offence ☞ XLII Also their aiders and maintainers who do not discover them within twenty days to some Justice of Peace or higher Officer shall be adjudged guilty of misprision of Treason XLIII None shall say or sing Masse in pain to forfeit 200 marks to suffer one year's imprisonment and not to be enlarged thence untill the fine be paid And none shall hear Masse in pain of one year's imprisonment and a hundred marks * XLIV Every person not repairing to Church according to the Statute of 1 El. 2. which see in Service and Sacraments shall forfeit 20 l. for every moneth they so make default and if they so forbear by the space of twelve months after certificate thereof made by the Ordinary into the King's Bench a Justice of Assize Gaol-delivery or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 l. at least to the good behaviour from which they shall not be released untill they shall repair to Church according to the said Statute XLV None shall keep a Schoolmaster which absents himself from Church or is not allowed by the Bishop or Ordinary in pain of 10 l. for every moneth he so keeps him and such Schoolmaster shall be for ever after disabled to teach youth and shall suffer one whole year's imprisonment without bail ☞ XLVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queen's reign touching the acknowledging of her supreme Government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realm shall be inquirable before Justices of Oyer and Terminer Assize Gaol-delivery and Peace in their Circuits
accomplished the age of 16 years doth still continue a Recusant his lands shall not be freed until he do conform and take the Oath of Supremacy as aforesaid XCIII A third part of every Recusant's lands shall remain clear unto him from seizure or extent and the other two parts shall remain in the King's hands both before and after the Recusant's death until the King shall be fully satisfied all the arrearages for the 20 l. a moneth according to 23 El. 1. * XCIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in pain of 100 l. and they which are so sent shall be incapable as to themselves onely of any grant or inheritance due unto them or to others for their use * XCV If a woman or child under the age of 21 years be suffered to pass the Seas without the license of the King or of six of the Privy Council under their hands except Sailors Ship-boys or Merchants Factors or Apprentices the Officers of the â—orts shall forfeit their Offices and all their goods the owner of the Ship his Ship and Tackle and every Master or Mariner of or in the Ship all their goods and also suffer a year's imprisonment without bail * XCVI None out of the Universities shall keep School except a Free-School or in some person's house that is no Recusant or by license of the Bishop or Ordinary in pain to forfeit 40 s. a day XCVII The forfeitures of this Act shall be divided betwixt the King and the prosecutor * XCVIII Stat. 3 Jac. 4. A Recusant that conforms shall within one year after and so once every year at least receive the blessed Sacrament in pain to forfeit for the first year 20 l. for the second 40 l. and for every default after 60 l. And if after he hath received it he make default therein by the space of a whole year he shall forfeit 60 l. XCIX These forfeitures may be recovered before Justices of Peace in Sessions or in any other Court of Record and are to be divided betwixt the King and the prosecutor C. The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every year at the general Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine years and their servants together with the age of their children as near as they can know them in pain to forfeit respectively for every such default 20 s. Which presentment the Clerk of the Peace or Town-Clerk shall record without fee in pain of 40 s. CI. If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40 s. to be levied by warrant upon the Recusant's goods and estate as the more part of the Justices of Peace shall think fit CII Justices of Assize Gaol-delivery and Peace have power to hear and determine of all Recusants and offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former Laws and likewise to make Proclamation that they shall tender themselves to the Sheriff or Bailiff of the Liberty where they are before the next Assize Gaol-delivery or Sessions respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a trial by verdict CIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Checquer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summ then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church CIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award process for the seizure of all the offender's goods and two parts of his lands and leases in case the 20 l. a moneth be not paid as aforesaid CV The King may refuse 20 l. a moneth and take two third parts of his lands and leases but here he shall not include the Recusant's Mansion-house nor demise his two parts to a Recusant or to any other for a Recusant's use And the King's Lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient CVI. It shall be lawful for the Bishop of the Diocess or two Justices of the Peace 1. Qu. out of Sess to tender the Oath hereafter following to any person eighteen years old or above except noble men and noble women which stand convicted or indicted of Recusancy hath not received the Sacrament twice in the year next before or passing through the Country and examined upon oath confesseth or at least denieth not that he or she is a Recusant or that he or she hath not received the Sacrament twice in the year next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same oath at the next Ses where the Clerk of the Peace or Town-Clerk shall record them CVII If the parties refuse to answer upon oath or to take the oath aforesaid tendred unto them the Bishop or Justice aforesaid shall binde them over to the next Ass or Sess where if they again refuse it they shall incur a Praemunire except women covert who in that case shall onely suffer imprisonment till they take it The Tenor of the Oath is as followeth CVIII I A. B. do truly and sincerely acknowledge profess testifie and declare in my conscience before God and the world that our Sovereign Lord King James is lawful and rightful King of this Realm and of all other his Majesty's Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesty's Kingdoms or Dominions or to authorize any forein Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their allegiance or obedience to his Majesty or to give licence or leave to any of them to bear arms raise tumults or to offer any violence or hurt to his Majesty's Royal person state or government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his
then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his arms together with his horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects doe And here the Recusant that refuseth to declare what Armour and Munition he hath or to deliver it to such persons as shall have power to seize it shall forfeit the same to the King and besides shall upon warrant from any Justice of Peace of that County be imprisoned by the space of three moneths without bail CXLVI This Act shall not abridge Ecclesiastical censures CXLVII Stat. 7 Jac. 2. No person of the age of eighteen years or above shall be naturalized or restored to bloud unless he have received the Lord's Supper within a moneth before his bill was exhibited and also do take before the bill be twice read the oaths of Supremacy and Allegiance to be ministred unto him in the house of Lords by the Lord Chancellor or Keeper and in the Common house by the Speaker * CXLVIII Stat. 7 Jac. 6. Who shall take the Oath of Obedience or Allegiance by whom it shall be ministred and within what time CXLIX It shall be lawful for any of the Privy Council or any Bishop within his Diocess to require a Baron or Baroness of eighteen years of age or above to take the said Oath and likewise for any two Justices of Peace 1. Qu. to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CL. If any Baron or Baroness stand presented indicted or convicted for Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy Seal or the principal Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister pety Constables or Church-wardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of the said cases minister the said Oath and upon refusal shall commit the party to prison there to remain until the next Ass or Sess where if he or she again refuse to take it they shall incur a Praemunire except women covert who shall onely be imprisoned and there remain without bail untill they shall take the said Oath CLI None refusing the said Oath shall be capable of any Office of Judicature or of other Office being no Office of inheritance or Ministerial function or to practise the Common Law Physick Chirurgery the Art of Apothecary or any liberal Science for gain CLII. If a married woman being a convicted Recusant do not conform within three moneths after conviction she shall be committed to prison by a privy Councellor or the Bishop of the Diocess if she be a Baroness But if any other of a lower degree then shall she be committed by two Justices of Peace 1. Qu. and there shall remain until she conform as aforesaid unless the husband for the wife's offence will pay unto the King 10 l. for every moneth or yield the third part of all his lands at the choice of the said husband CLIII None shall go himself or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or relief to the party so sent or to any School or Religious house there in pain after conviction thereof to be adjudged unable to prosecute any suit in any Court of Equity to be Cummittee of any Ward Executor or Administrator to be uncapable of any Legacy or deed of Gift or of bearing Office within this Realm And besiders to forfeit all his goods and chattels and his land also during life But if he conform within six weeks after his return according to the Statutes in that case provided he shall not incur the penalties abovesaid CLIV. These offences shall be heard and determined by the Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer of such Counties where the offenders did last dwell or whence they departed or where they shall be taken CLV For Uniformity of Common-Prayer See Title Religion * CLVI Stat. 3 Car. 2. The Statute of 1 Jac. 4. shall be duely put in execution and none of the King's Subjects shall pass or go or shall convey or send or cause to be coveyed or sent any child or other person out of any of the King's Dominions into any parts beyond the Seas out of the King's Obedience to the intent to be resident or trained up in any popish society School or family or to be there instructed in the Popish Religion in any sort to profess the same Neither shall any convey or cause to be conveyed any money or other thing towards the maintenance of any such child or person already gon or lent or to go or to be sent and trained and instructed as aforesaid or under the name of charity towards the relief of any such Society or Religious House upon pain after conviction in any of the aforesaid cases to be disabled to sue or use any action bill plaint or information in course of Law or to prosecute any suit in equity or to be Committee of any Ward or Executor or Administrator to any person or capable of any legacy or deed of Gift or to bear Office within the Realm and to forfeit all his goods and chattels and also his lands rents annuities and Offices during his life CLVII Howbeit no person so sent or conveyed as aforesaid who shall within six weeks after his return conform himself to the present Religion here established and receive the Sacrament of the Lord's Supper shall incurr any of the penalties aforesaid CLVIII Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer have power to hear and determine these offences in such Counties where such offenders did last dwell or whence they departed or where they are taken CLIX. Stat. 16. 17 Car. 11. The branch of the Statute of 1 Eliz. 1. which gave power by commission under the Great Seal to exercise Ecclesiastical Jurisdiction and whereupon the pretended authority of the High Commission-Court was founded is repealed CLX No Ecclesiastical Judge Officer or Minister of Justice shall award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the King's Subjects for any contempt offence matter or thing whatsoever nor give any oath to any Church-warden Side-man or other person to present or confess any thing or to accuse him or her self of any crime or offence whereby they may be liable to any pain or punishment in pain to forfeit treble dammages to the party grieved and an 100 l. to the first prosecutor to be recovered by action of debt c. in which no
Merchants Subjects natural 4 l. 10. By Aliens and strangers 6 l. Into other Ports by Subjects 3 l. By Aliens 4 l. 10 s. 2. Muskadels Malmseys Cates Tents Alicants Bastards Sacks Canariees Malligoes Maderoes and all other sweet wines by Subjects natives brought into the Port of London the Tun 2 l. 5 s. By Stangers and Aliens 3 l. Into other Ports by native Subjects 1 l. 10 s. Ry Aliens and strangers 2 l. 5 s. XXVIII Poundage viz. 12 d. in the pound of all Merchandise goods according to the Book of Rates except Woollen clothes made in England called old Draperies Wines paying Tunnage Fish English taken and brought in English bottoms and all fresh fish and Bestial and all goods mentioned in the Book of Rates to be Custom free 12 d. per l. Of all Woollen broad clothes exported after the rate of each 64. in weight and so proportionably by subjects 3 s. 4 d. By Strangers Aliens 6 s. 8 d. For not paying of which the goods and merchandise shall be forfeit one moiety of the rate hereof to the King the other moiety to the Informer that shall seise or sue for the same XXIX Such as have their goods taken by Pyrates or perished at Sea being born Denizens may upon proof there before the Lord Treasurer or Baron of the Exchequer ship so many more goods of the same value without custom And herrings fish may be transported in English bottoms custom free XXX No rates can be set upon merchandise of Subjects or Alien but by common consent in Parliament The Rates intended by this Act agreed by the Common's house of Parliament and signed by the Speaker XXXI For goods above 5 l. value the Custom officers shall take such Fees and no other as were taken in the 4th year of King James untill they shall be otherwise setled by Parliament XXXII Iron armes Bandiliers Bridle-Bitts Halbert-heads and Shaps Holsters Muskets Carbines Fowling-pieces Pistols Pike-heads Sword or Rapier blades Saddles Snaffels Stirops Calve-skins dressed or undressed Geldings Oxen Sheep-skins dressed without the wool and all sorts of manufactures made of leather may be transported paying the Rates by this act appointed and no other XXXIII Goods when they are at the prices following may be transported viz. Gunpowder when the barrel exceeds not 5 l. Wheat when at the time of the lading the quarter exceeds not 2 l. Rie Beans and Peace 1 l. 4 s. Barly and Malt 1 l. Oats 16 s. Bacon the pound 6 d. Butter the barrell 4 l. 10 s. Cheese the hundred 1 l 10 s. Candles the dozen pound Paying the Rates appointed and no more 5 s. XXXIV Provided the King by Proclamation may at any time prohibit the transporting Gunpowder Armes and Ammunition XXXV Above the Rates aforesaid there shall be paid to the King of every Tun of Wine of the growth of France Germany Portugal or Mader a brought into London or elsewhere 3 l. within four moneths after importing and all other Wines 4 l. within nine moneths after importing and the importers shallgive security for the same and if the said wines be exported within 12 moneths the said additional duty shall be repayed and security discharged as to so much exported all Impost of Excise discharged And Prisage to pay no Custom See Title Ships LXVIII Who shall pay double Aliens Customes XXXVI Stat. 12 Car. 2. ca. 19. For preventing frauds and concealments of Customs If any person shall land and convey away any goods for which Tunnage and Poundage ought to be paid without entry or agreement for the Custom upon oath hereof made before the Lord Treasurer Baron of the Exchequer or Magistrate of the Port where the offence is committed or place next adjoyning thereunto they may grant warrant to search for the said goods and in case of resistance in the day time to break open any house and seize and secure the said goods so as the same be within one moneth after the supposed offence committed XXXVII In case of false information the party injured may recover his full dammages and costs and this Act to continue unto the end of the first Session of the next Parliament and no longer XXXVIII Stat. 14 Car. 2. ca. 11. An Act for the preventing and punishing fraudes and violences used to avoid the King's Customes and for regulating abuses therein See the Statute at large ☞ Customs and Usages I. Stat. 31 H 8.3 The Mannors c. of Thomas Lord Crommel and others within the County of Kent Leing Gavelkind land shall hereafter descend as lands at the Common Law ☞ Custos Rotulorum I. Stat. 37 H. 8.1 None shall be Custos Rotulorum but such as shall have a Bill signed by the King's hand for the same which shall be warrant for the Lord Chancellor to put and continue him in the Commission to be Custos Rotulorum until the King shall appoint another II. The Custos Rotulorum may execute that Office by a Deputy learned in the Laws and able to supply that place III. The Custos Rotulorum shall have power to appoint the Clerk of the peace who may also execute it by a sufficient Deputy approved by the Custos Rotulorum IV. This Act shall not inhibit the Arch-bishop of York the Bishop of Durham the Bishop of Ely and all others having lawfull power by the grant of the King or his Progenitors to make Custos Rotulorum within their several jurisdictions to use the same liberty which they had before V. Stat. 3. 4 E. 6.1 The Lord Chancellor or Keeper shall appoint the Custos Rotulorum in every County of England Wales and other the King's Dominions who may execute his Office by himself or by his Deputy Howbeit the power of others is saved who have power to name the Custos Rotulorum Days in Bank I. Stat. DE Anno Bissextili 21 H. 3. The day increasing in the Leap-year and the day next going before shall be accounted for one day and this was done to avoid the doubt of the year and day that were wont to be assigned to sick persons being impleaded to the end they might know when the Leap-year happened how to reckon their year and day II. Stat. 51 H. 3. If a Writ come in Utas Sancti Mich. Quinzime Mich. Tres Mich. Crastino Anim. Crastino Mart. Utas Martinì Quinzime Mart. Utas Hillarii Quindena Hillarii Crast Purif Utas Purific Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae or Crast Ascens Utas Trin. Quindena Trin. or Crast S. Joh. B. Utas S. John Bapt. Quindena S. J. B. Day shall be given thereupon unto the Utas Sancti Hill Quinzime Hill Crastino Purif Quinzime Paschae Tres Paschae Mense Paschae Quinque Paschae Utas Trin. sometimes in Crast S. J. B. Crast Utas S. J. B. Quindena S. Jo. Bapt. Utas Mich. Quindena Mich. Tres Mich. Mense Michaelis Crast Anim. Crast Mart. Utas Mart. Quindena Mart. And so every Term shall answer to other
to the true intent of this Act shall be void Decies tantum * I. Stat. 38 E. 3.12 If a Juror take any thing of either party to give his verdict and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8 which see in Jurors he shall pay ten times so much as he hath taken to be divided betwixt the King and the prosecutor And all imbraceors that procure such Inquest shall incurre the like punishment II. If the Juror or Embraceor have not whereof to make gree he shall suffer a years imprisonment III. But no Justice or other Officer shall inquire of this offence ex officio Declaration I. Stat. 36 E. 3.15 By the ancient terms and forms of pleaders no man shall be prejudiced so that the matter of the action be fully shewed in the Declaration and in the writ Deeds and Writngs I. Stat. 1 M. Parl. 1 Sess 2. cap. 4. All Statutes Recognizances and writings made by or to any person since the sixth of July last and before August under the name of any other then the Queen shall be good II. This Act shall not extend to make good any letters patents commissons grants or other writings made by the Lady Jane Dudley since the said sixt of July last Demurrers I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges shall proceed and give judgment according to the right of the cause and matter in law without regard to any defect in the proceeding except such onely as the party shall express together with his demurrer after which time no judgment shall be reversed by writ of Errour for any other defect then such as he shall there mention And if there happen to be any other the Judges may amend them II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment Presentment or penal Statute Dilapidations I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings whereof they are seized in right of their Place or Function suffer them to fall into decay for want of repair and make fraudulent gifts of their personal estate with purpose to hinder their successors from recovering dilapidations against their executors or Administrators in such case the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate as he might have had against the executor or administrator of the predecessor II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings for which they were paid in pain to forfeit to the Queen c. double so much as shall not be so imployed ☞ Deceit * I. West 1.29 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party and thereof be attainted he shall suffer a year and a days imprisonment at least and if he be a pleader he shall be also expelled the Court and if they shall deserve greater punishment it shall be at the King's pleasure II. Officers Criers of Fee and Marshals of Justices in Eyre shall not take money otherwise then they ought to do in pain to pay the treble thereof to the complainants III. Stat. 2 E. 3.17 A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land as in case of summons in Plea of land Discontinuance of right or estate I. Stat. 11 H. 7.20 If a woman that hath an estate in Dower for life or in tail joyntly with her husband or onely to her self or to her use in any lands c. of the Inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seized to the use of the husband or his ancestors do sole or with an after taken husband discontinue or suffer a recovery by coven it shall be void and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery II. Provided that the woman may enter after the husbands death but if the woman were sole the recovery or discontinuance barreth her for ever III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Discontinuance of process I. Stat. 11 H. 6.6 No suit before Justices of Peace shall be discontinued by a new Commission of Peace II. Stat. 1 E. 6.7 The death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the original and judicial process in respect of the King's name be material as concerning any default to be alledged therefore III. Assizes of Novel disseisin Mortdancester Juris utrum or Attaints shall not be discontinued by reason of death new Commissions Associations or the not coming of the same Justices or any of them IV. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one Bench or the other or Serjeant at Law shall not make the suit abatable V. Preferment of a Justice of Assize Goal-delivery or Peace or of any other Commissioner to the dignities aforesaid or to be Sheriff shall not lessen his power But note that to be Sheriff is altered by 1 M. Parl. 1.8 which see in Sheriffs VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony though he were reprieved by other Justices VII No process or suit before Justices of Assize Goal-delivery Oyer and Terminer or Peace or other of the King's Commissioners shall be discontinued by a new Commisson or by the alterations of any of their names ☞ Dispensations I. Stat. 28 H. 6.16 All Bulls Breves Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void and shall not be used in pain of a Praemunire II. Former lawfull marriages are confirmed III. A confirmation of all Arch-bishops and Bishops and their authority and of other Ecclesiastical persons and orders by authority of this Act and not by any forreign power IV. The effect and contents of all Bulls Breves and other faculties purchased of the See of Rome which are allowable shall be confirmed under the great Seal Distresses I. Stat. de districtione Scaccarii 51 H. 3. The owner of impounded cattel may give them food without disturbance II. A distress taken for the Kings debt shall not be sold within fifteen days and upon shewing of a tallie and giving surety for his appearance in the Exchequer upon the next accompt the distress shall cease the Sheriff shall also attach the party that received the debt to be there also at the same time III. Neither draught nor cattel nor sheep shall be distrained except for damage feasant so long as other goods may be
shall set a seal of lead thereunto shewing the true length thereof as they will hold being wet and in case of defect the Clothier shall forfeit the double value thereof to the buyer XCVII If the Clothier put any Clothes to sale before they be sealed by the Aulnager or order them not as aforesaid they shall be forfeited and divided betwixt the King and the prosecutor XCVIII Broad cloth shall hold seven quarters in breadth betwix the lists being proved by the water and Kerseys one yard in pain of 3 s. 4 d. for that and 20 d. for this to be divided betwixt the King and Prosecutor XCIX This Statute shall not extend to sell clothes not exceeding seven Nobles the cloth nor to Tavestock Western Dozens Frizes Kendal's Cottons nor course clothes made for linings C. The Aulnager shall not seal clothes until they be sealed by the aforesaid seal of content in pain to lose his Office neither shall the buyer afterward alter them by shretching unless he after reduce them to the right content again in pain to forfeit the double value thereof to be divided as aforesaid * CI. Stat. 27 H. 8.13 Every white woollen cloth sold for 4 l. and under and every coloured cloth sold for 3. l. and under may be conveyed beyond Sea unbarbed unshorn and unrowed but none shall convey such clothes beyond Sea above these prices in pain to forfeit the value thereof to be divided betwixt the King and the prosecutor * CII Stat. 33 H. 8.3 Welsh clothes called Whites Russets and Kennets brought into Fairs or Markets to be sold shall be foulded in plights or cuttles and not hard rolled together in pain to forfeit the same to be divided betwixt the King and the prosecutor * CIII Stat. 33 H. 8.19 None shall ship any white Woollen cloth above the value of 4 l. not coloured above 3. l. unrowed unbarbed or unshorn with an intent to convey it beyond Sea in pain to forfeit the same or the value thereof to be divided betwixt the King and the prosecutor * CIV Stat. 3 4 E. 6.2 Every Clothier shall set his seal of lead to his cloth declaring the just length thereof to be tried by the water CV None shall stretch any cloth above a yard and an half in length and a quarter in bredth in pain of 40 s. CVI. None upon the said pain shall put to sale any cloth which being wet shall shrink above a yard and a quarter in length or a quarter in breadth neither shall Streats or Kerseys be stretched above a yard in length and half a quarter in bredth in pain of 20 s. CVII None shall put to sale any cloth Narrow Streat or Kersey the pieces whereof being wet shall shrink more then after the same rates in pain of 20 s. CVIII None shall dy any cloth before it be perfectly boiled grieved or maddered upon the Woad and well shot with good cork or orchal in pain of 20 s. CIX None shall dy any wooll to to be converted into cloth hats or caps before it be perfectly woaded boyled and maddered in pain to forfeit for every such cloth or so much wool as makes a cloth 40 s. neither shall any dy with brasil to make a false colour in cloth wool hats or caps in pain of 20 s. CX None shall put upon cloth any flocks chalk flour starch or other deceivable thing in pain of 40 s. CXI None shall use any iron cards or pickards in rowing of cloth in pain to forfeit the same and 20 s. besides CXII None shall sell any cloth by other measure then yard and inch according to the Statute of 6 H. 8.9 in pain to forfeit for every yard otherwise measured 6 s. 8 d. CXIII None shall put to sale within this Realm any cloth pressed in pain to forfeit the same or the value there of CXIV Justices of Peace and Head-officers shall in their several Precincts appoint and swear Overseers for the due observing of this Statute concerning the well ordering of cloth who shall have power to make search accordingly CXV The forfeitures for defaults in cloth mentioned in that Statute shall be recovered in any Court of Record and shall be divided betwixt the King and the Overseer that discovers them but in case the Overseers will not sue for them within half a year then may any other within another half year take the suit and shall have the overseers moiety CXVI No Overseer duely chosen shall refuse to execute that Office in pain of 40 s. and shall remain in the custody of the Sheriff until he pay it or give security for it and this shall be divided betwixt the King and the Justices of Peace or Head-officers that chose him CXVII The Overseers or two of them at least shall once every Quarter make due search for the true executing of this Statute in pain of 10 l. to be divided betwixt the King and the prosecutor CXVIII None shall interrupt the Overseers in the due execution of their office in pain of 20 l. to be divided betwixt the King and the Overseers so interrupted CXIX None shall take advantage of the forfeitures given by this Act unless the suit for them be commenced within one year after they accrue CXX Every Clothier shall cause the letter E crowned to be wrought in every cloth in pain of 20 s. to be divided betwixt the King and the prosecutor * CXXI Stat. 5 6 E. 6.6 Every broad cloth made in Kent Sussex or Reading or of like making with them being thorow wet shall contain in length betwixt 28 and 30 yards usuall measure and in breadth seven quarters throughout within the lists and being well scoured thicked milled and dried shall weigh 90 pounds at least CXXII Every white cloth made in Worcester Coventry or elsewhere of like making being wet shall contain in length betwixt 29 and 30 yards with inches of the Standard and seven quarters throughout in breadth betwixt the lists and being ordered as aforesaid shall weigh 84 pounds at least and every coloured cloth there shall contain like length and breadth and shall weigh 80 pounds at least CXXIII White short Worcesters shall contain in length being wet betwixt 23 and 25 yards with inches as aforesaid and in breadth as aforesaid and shall weigh 60 pounds at least CXXIV Coloured long clothes made in Suffolk Norfolk Essex and elsewhere of like sort shall contain in length being wet betwixt 20 and 30 yards and inches and in breadth 7 quarters and shall weigh 80 pounds at least and coloured short clothes there and elsewhere shall contain in length betwixt 23 and 25 yards and the breadth aforesaid and shall weigh 64 pounds at least Also coloured or white Handy-warps there and elsewhere shall be of like breadth and every yard thereof shall weigh three pounds CXXV All Whites and reds in Wilts Glocester-shire and Somerset and elsewhere of like making being wet shall contain in length betwixt 26 and 28
shall weave or make or put to weaving or making of broad woollen cloth unless he hath been seven years Apprentice to that Art CLXI Stat. 1 M. Parl. 2.7 Any person may make broad cloth and put them to weaving walking fulling dying and shearing without any impediment so that the cloth be duly made according to the Statute of 5 6 E. 6.6 notwithstanding the Statute of 5 6 E. 6.8 or any other Statute of Cloth-making made to the contrary * CLXII Stat. 2 3 P. M. 11. No Clothier in any Corporation or Market town shall keep in his house above one loom or let any loom or house and loom together to make profit thereby in pain to forfeit for every week he so keepeth or letteth them 20 s. CLXIII No Weaver in the said places shall keep above two looms in his house to make profit thereof in pain to forfeit for every week he keeps more 20 s. CLXIV A Weaver being no Cloth-maker shall not keep any Tucking-mill nor use the art of a Tucker Fuller or dyer in pain of 20 s. for every week CLXV No Tucker or Fuller shall have in his house any loom to make profit thereof in pain of 20 s. for every week CLXVI None shall make any broad white woollen clothes but in a Corporation Market town or other place where they have been made ten years before the making of this Act in pain of 5 l. for every cloth otherwhere made CLXVII No Weaver in a Corporation or Market-Town shall have above two Apprentices at one time in pain of 10 l. CLXVIII None shall be a Weaver but he who hath been seven years an Apprentice in that Art in pain of 20 l. CLXIX This Act shall not extend to the Counties of York Cumberland Northumberland nor Westmerland * CLXX Stat. 2 3 P. M. 12. No clothes called Bridgwater Taunton and Chard clothes and made in the County of Somerset shall be sold there before they be viewed searched and sealed in Bridgwater Taunton or Chard according to the Statute of 5 6 E. 6.6 in pain to forfeit the cloth so sold or the value thereof to be divided betwixt the King and the prosecutor CLXXI. Stat. 4 5 P. M. 5. White Worcesters and all others of like making being well scoured thicked milled and fully dried shall weigh 75 pounds CLXXII White clothes made in the Counties of Wilts Glocester and Somerset and all others of like making ordered as aforesaid shall weigh 61 pounds CLXXIII Broad clothes made in Kent Sussex and Reading and all others of like making ordered as abforesaid shall weigh 86 pounds CLXXIV Course short clothes made in Suffolk Norfolk Kent and Essex and others of like sort shall contain at the water 6 quarters and an half in breadth CLXXV Handy-warpes ordered as aforesaid shall contain the breadth ordained by the Statute of 5 6 E. 6.6 and shall weigh two pounds and an half CLXXVI None shall add handy-warplists to their clothes except in Worcester and when the warp thereof be spun upon the rock or distaff in pain to forfeit the cloth or the value thereof CLXXVII None in the west-riding of Yorkshire shall make any broad clothes Pewks Tawnies Violets or Greens except the wool thereof being first converted into yarn be first dyed blue of the value of two pence the pound in pain to forfeit such cloth or the value thereof CLXXVIII Ordinary Kerseys shall contain in length in the water betwixt 16 and 17 yards yard and inch and being ordered as aforesaid shall weigh 19 pounds the piece And sorting Kerseys so ordered shall weigh 22 pounds CLXXIX Devonshire Kerseys ordered as aforesaid shall weigh after the rate of one pound the yard CLXXX Welsh Cottons in the water shall contain 3 quarters of a yard in breadth and shall weigh one pound and an half the goad and being well cottoned shall weigh one pound at least CLXXXI No retailer of Cottons shall dress it himself or by any other save onely by a proper dresser thereof in pain to forfeit for every piece otherwise dressed 6 s. 8 d. CLXXXII Manchester Lancashire and Cheshire Cottens and Manchester Rugs and Frizes may be divided into two half pieces and shall contain in length and breadth as by the said Statute of 5 6 E. 6. is ordained for the whole piece CLXXXIII If any cloth or Kersie exceed the length prescribed by this or the said Statute of E. 6. then every yard so exceeding shall weigh according to the rate of the due length thereof in pain to forfet for every yard not weighing after that rate 5 s. and if any such cloth or kersie lack any of the due length the maker shall forfeit for every pound wanting more then 4 pounds 5 s. and for every pound under 4 pounds 2 s. CLXXXIV If any cloth or kersie prove defective or ill wrought the maker thereof shall fix to each end thereof a seal of lead engraven with this word Faulty in pain to forfeit such cloth and kersie or the value thereof CXXXV If any by himself or any other counterfeit set to or take away any seal appointed by this or the said Statute of E 6. he shall incurr such penalties as by the said Statute of E. 6. are limited CLXXXVI The Burrough or Corporation-seal shall be set to clothes c. being well made there which cloth so sealed shall not to be afterwards searched by the searcher of any other Corporation or Burrough CLXXXVII Clothes and Kerseys made out of Corporations shall be sealed in the Town corporate CLXXXVIII If any searcher or sealer set the Corporation-seal to any cloth c. defective in length weight or breadth appointed by this or that other Statute of E. 6. the Corporation shall forfeit the value thereof CLXXXIX The searchers and sealers may in the day-time enter into any house to search and try cloth c. and may seise clothes made of other colours then by the said Statute of E. 6. is appointed Friers-gray Crane-colour Purple and old Medley colours used to be made 20 years last past onely excepted CXC None shall deny or withstand the searcher or sealer in pain of 10 pounds CXCI. No searcher or sealer shall in any Fair or Market search any cloth c. which hath a Corporation-seal affixed thereunto CXCII Every clause in the said Statute of E. 6. not repugnant to this Act is confirmed CXCIII None shall incur any penalty or forfeiture of any offence limited by that Act which is mitigated or otherwise appointed by this CXCIV Every Clothier shall cause the letter M. crowned to be wrought in each cloth in pain to forfeit 20 s. for every cloth not so marked CXCV. None shall weave or make or put to weaving or making any cloth or kersie unless he hath been an Apprentice to or exercised that Art 7 years before in pain to forfeit it or the value thereof CXCVI. The penalties and forfeitures of this and the said Act of
ordained for false appeals which see in Appeals Durham I. Stat. 7 E. 6. not printed By this Act the Bishoprick of Durham was dissolved and the King was to have all the lands and hereditaments thereof and another Act was also made the same year Cap. 10. whereby the Town of Gateside was united to the Town of Newcastle but both these Acts are repealed by 1 M. Parl 23. And by this Act the Bishoprick of Durham is revived and erected and thereby are annexed unto the County Palatine all the jurisdictions both Ecclesiastical and temporal as also the Town of Gateside and all lands and hereditaments before belonging to the said Bishoprick and divers other provisions are therein contained concerning those matters For which see the Statute at large II. Stat. 5 El. 27. Fines levied before the Justices of the County Palatine of Durham or one of them of lands lying in the same County shall be good III. Stat. 31 El. 9. Writs upon Proclamations and exigents against any person dwelling within the County Palatine of Durham shall be directed to the Bishop of Durham c. with divers other provisions for that County Palatine For which see the Statute at large Ecclesiastical Jurisdiction * I. Stat. 37 H. 8.19 Doctors of the Civil Law albeit they be Lay-men or married and unmarried may exercise Ecclesiastical jurisdiction ☞ Egyptians * I. Stat. 22 H. 6.10 If any calling themselves Egyptians do come into this Realm they shall forfeit all their goods and being commanded shall depart the Realm within 15 days upon pain of Imprisonment But see here in the Statutes following a greater penalty ordained * II. Stat. 1. 2 P.M. 4. None shall transport any lewd people who call themselves Egyptians into this Realm or Wales in pain of 40 l. And it shall be felony without Clergy for them to remain above a moneth in England or Wales neither shall they be tried per medietatem linguae but by the Inhabitants of the County or place where they are taken III. None shall sue for any licence or pasport for any Egyptians to stay in England or Wales in pain of 40 l. and such licence or pasport shall be void IV. The forfeitures aforesaid shal be divided betwixt the King and Queen's Majesties and the Prosecutor V. This Act shall not extend to charge persons not above the age of 13 years nor as accessary to any offence contained in this Statute VI. Stat. 5 El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be judged a felon without Clergy VII This Act shall not include children within 14 years of age neither shall any person born in England or Wales be compelable to void the land by the Statute of 1. 2 P.M. but onely to leave their lewd course of life Election I. West 1. cap. 5. 3 E. 1. None shall disturb any by force of Arms Malice or Menaces to make free Election in pain of great forfeiture II. Artic. Cleri cap. 14. 9 E. 2. There shall be free Election for the dignities of the Church * III. Stat. 31 El. 6. If any person or persons having election or voice in the nomination or choice of any person to have place in any Church Colledge School Hospital Hall or other Society shall take any reward directly or indirectly or any promise or assurance thereof directly or indirectly for such their election or voice that then such place shall be void and that then such person as hath power to dispose thereof may dispose of the same as if the person before elected or appointed were actually dead IV. If any person of such societies take any reward or assurance thereof directly or indirectly for resigning such place the party giving it shall forfeit the double value thereof and the party taking it shall be uncapable of such place and then also the party to whom such place apertains may dispose thereof as aforesaid V. At every Election this Statute and the Statutes of the Society which concern Election shall be read VI. The forfeitures of this Statute shall be divided betwixt the Queen and the Prosecutor VII If any person for any reward or assurance thereof directly or indirectly taken do present or collate any person to any Benefice with cure of souls Dignity Prebend or living Ecclesiastical or give or bestow the same for any corrupt consideration every such presentation collation gift c. bestowing and every admission institution investiture and induction thereupon shall be void and from thenceforth the Queen her heirs and successors may present or collate thereunto or give or bestow the same for one turn onely VIII None shall give or take such reward or take or make such assurance in pain to forfeit the double value of one years profit of such spiritual promotion and the person taking such promotion shall be disabled in Law to injoy the same IX If any person for any such reward or assurance thereof lawful fees excepted admit institute instal induct invest or place any person in any such spiritual promotion the party so offending shall forfeit the double value of one years profit of such promotion and the admission institution c. shall be void and then the Patron or other person unto whom the next gift appertains may present or collate thereunto X. Howbeit no lapse shall accrue upon such violence until six moneths after notice thereof given by the Ordinary to the Patron XI If any Incumbent of any Benefice with cure of souls shall corruptly resign or exchange the same or shall corruptly take for resigning or exchanging thereof directly or indirectly any benefit whatsoever both the giver and taker thereof shall lose the double value of the benefit so had to be divided betwixt the Queen and the Prosecutor XII Penalties inflicted by the Ecclesiastical law are not taken away by this Statute XIII If any person shall directly or indirectly take any reward or other profit or assurance of the same lawful fees onely excepted to make a Minister or to give license to preach he shall forfeit 40 l. and the party so made Minister or licensed to preach 10 l. and if the party so made Minister or licensed be inducted invested or installed into any benefice within seven years after such induction c. shall be void and the party having the gift thereof may present or collate as if he were dead XIV The forfeitures of this Act shall be divided betwixt the Queen and the prosecutor English-men I. Stat. 14 15 H. 8.4 All English-men sworn subjects to any forein Prince shall pay such impositions as Aliens do II. Their names shall be certified into the Chancery from Holland Zeland Brabant and Flanders by the Governour of the Merchant-Adventurers there and from other parts by the King's Embassadours residing in those parts III. An English-man returning and dwelling again within this Realm shall be restored to his liberties England and Scotland I. Stat. I Jac. 2. An authority is given to certain
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
party at the time of his apparance was in prison beyond sea or in the Queen's service shall be discharged The Exchequer-Fees for respect of Homage The value of the Land The Queen's Fee The Remembrancer's Fee The Entry The Attourney's Fee  li.  li. sh d. sh d. sh d.   sh d. A 100 ad 60 10 00 01 08 00 04 By some  03 04 A 60 ad 30 06 08 01 08 00 04 By some  01 08 A 30 ad 20 05 00 01 08 00 04 By some  00 00 A 20 ad 15 03 04 01 01 00 04  l. sh d A 15 ad 10 02 00 01 08 00 04 By some voluntary annuities for all matters 2 00 0 A 10 ad 10 m 01 80 01 08 00 04 1 00 0 A 10 m ad 5 li. 01 00 00 00 00 04 0 13 4 A 5 li. ad 3 li. 05 08 00 08 00 04 0 10 0 A 3 li. infra 00 04 00 04 00 04 0 06 8           0 05 0           These never lose issues but have their fines paid whether they come or not LII The Treasurer's Remembrancer shall fatisfie every subjects charges that shall be vexed upon a supposal to be set by the Court so also shall his Clerks pay the issues lost when the subject hath duly paid his respect of Homage to be proved by the acquittance LIII The Treasurer's Remembrancer may by order of the Exchequer issue out process for the discovery and preservation of tenures notwithstanding this Act Howbeit no such tenure appearing the party shall be discharged without plea or fee. ☞ Escheators I. Stat. 14 E. 3.8 Escheators shall be chosen by the Chancellor Treasurer and chief Baron calling to them the two chief Justices as Sheriffs use to be chosen and they shall not continue in their office above one year II. Stat. 34 E. 3. Stat. 1.13 Every Escheator shall take his Enquests of good and lawful men well inherited and good same and inhabiting the County where the inquiry is made And the Enquest so taken shall be indented between him and the Jurors otherwise they shall be void The Enquests shall also be taken in good towns openly and not privily III. Stat. 34 E. 3. Stat. 1.14 Traversees of offices found before the Escheators shall be tried in the Bench. * IV. Stat. 36 E. 3. Stat. 1.13 An Escheator shall have no fee of the lands of the King's ward neither shall he commit any waste therein in pain of forfeiting treble dammages at the ward's own suit or by his friends The same law is also of other land seised by Enquest of office V. Land seised into the King's hand by an Escheator shall be let to farm by the Chancellor to him which tendreth a traverse to the office VI. Enquests shall be taken openly and by Indenture as aforesaid and if the Escheator do contrary to this Act he shall suffer two years imprisonment and be ransomed at the King's will VII Stat. 42 E. 2.5 None shall be Escheator unless he have 20 l. of land at least in fee He shall execute his office in proper person and upon the putting in of another his office determines VIII Stat. 8 H. 6.16 No Escheator or Commissioner shall take any Enquests but such as are impannelled by the Sheriff of the County within which he bears that office in pain of 40 l. to be divided betwixt the King and the party grieved IX Lands seised by the Escheator shall not be let to farm before the officer be fully returned and then they shall be let to him that tendreth a traverse to the office he finding surety to prosecute it with effect and to answer the profits in case he cannot maintain the traverse but then he must tender his traverse within a moneth after the return X. The Escheator or Commissioner shall return the office within a moneth in pain of 20 l. to be divided betwixt the King and the prosecutor XI Stat. 18 H. 6.6 No lands shall be granted before the King's title thereunto be found by inquisition nor within a moneth after unless it be to him that tendreth his traverse as aforesaid * XII Stat 18 H. 6.7 The Escheator shall return an office found before him into the Chancery or Exchequer within one moneth after the taking thereof in pain of 40 l. given by the Stat. of 8 H. 6.16 and besides to answer so much to the King as he is damnified for not returning the same XIII Stat. 23 H. 6.17 The Escheator shall take his inquest within one moneth after the delivery of the Writ unto him and that in some good Town openly XIV He shall not take above 40 s. for the execution of one writ in one County and that onely when his labour and costs require it otherwise he ought to take less and all this in pain of 40 l. to be divided betwixt the King and the prosecutor XV. If any will traverse an office no protection shall lie for the Patentee and concerning the demise of the lands to him that tenders a traverse the Statutes of 36 E. 3.13 8 H. 6.16 18 H. 6.6 shall be duly observed XVI Stat. 12 E. 4.9 None shall take upon him to be an Escheator or Deputy to an Escheator unless the Escheator himself hath free-hold within the County worth 20 l. per annum in pain of 40 l. to be divided betwixt the King and the prosecutor XVII His Deputy or Farmer shall be a sufficient man and shall certifie into the Exchequer his deputation within 20 dayes next after it is made upon the like pain of 40 l. to be divided as aforesaid XVIII Justices of Peace in Sessions have power to hear and determine these defaults and give judgment for the recovery of the said forfeitures XIX This Statute shall not restrain Corporations which have power by their Charter to appoint Escheators XX. Stat. 1 H. 8.8 No Office shall be returned into any of the King's Courts but such as is found by Jury in pain to forfeit 5 l. to the party grieved XXI The yearly revenue of an Escheator or Commissioner shall be fourty Marks in free-hold in the same County so that they shall not execute any Writ unless they have lands of that value in pain of 20 l. and the Commissioner not having such an estate may refuse to sit and shall be discharged upon oath without fine or fee. XXII They shall sit in open places according to former Statutes and shall take their evidence openly in pain of 40 l. XXIII Here if the Sheriff return a Juror not having 40 s. per annum free-hold in the same County he shall forfeit 5 l. XXIV The Inquisition shall be taken by Indenture whereof one part shall remain with the fore-man and the other part is to be delivered by the Commissioners or Escheator into the Petty-Bag-office from whence it is afterwards to
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
to be paid by the maker ob Vineger beer by the common brewer every barrel 6 d. Every gallon of Strong-water or Aquavitae sold to be paid by the maker 1 d. Every barrel of Beer imported from beyond Sea 3 s. Every tun of Sider or Perry imported 5 s. Every gallon of Spirits made of Wine or Sider imported from beyond Sea 2 d. Every gallon of Strong-water imported 4 d. Every gallon of Coffee sold to be paid by the maker 4 d. Every gallon of Chocolate Sherbet and Tea sold by the maker 8 d. II. The rates upon forein liquors imported shall be paid by the Merchants importing in ready money before landing thereof III. All common Brewers of Beer and Ale shall once in every week And all Inn-keepers Alehouse-keepers Victuallers and retailers of Beer Ale Sider Perry Metheglin and Strong-water every moneth make particular entries thereof at the office of Excise within their limits IV. All common Brewers for omitting such entries shall forfeit 10 l. Inn-keepers 5 l. and Alehouse-keepers 20 s. for every default V. Common Brewers not paying their duties within a week after entrey shall pay double the value Inn-keepers Alehouse-keepers Victuallers and retailers not paying within a moneth after entrie shall pay double the value VI. Provided none dwelling in Market-towns be compelled to make entries or payment but in the said Town none other dwelling out of such Market-town but in the next Market-town to the place where he inhabiteth VII The Commissioners and Sub-commissioners appointed by the King may under their hands and seals appoint so many Gagers as shall be needfull who may enter into the houses of Brewers Inn-keepers c. to gage all Coppers Fatts and Vestels in the same and thereof make return in writing to the Commissioners and Sub-commissioners of Excise under whose office and limits they live and upon refusal may forbid the parties to sell any Beer c. and 10 l. forfeiture if the party shall afterwards sell VIII The Gagers shall return 36 gallons after the Ale-quart for a Barrel of Beer IX Brewers and Retailers shall observe the usual prices saving the Excise to the Brewer X. Allowance shall be made to the Brewers for wast and leakage viz. 3 barrels upon 23 for Beer and 2 barrels upon 22 for Ale which upon false entry proved before the Commissioners of Excise or any 2 of them the Brewer shall lose and forfeit the said allowance for 6 moneths XI Brewers shall deliver no Beer to Retailors until the Excise be paid Provided persons being no common Brewers paying the Excise shall not be subject to the penalties in this Act. XII Commissioners may compound for the Excise with Inn-keepers Alehouse-keepers and Victuallers within their devisions XIII The Lord Treasurer or such Commissioners as the King shall appoint may contract with persons for the farming any the rates or duties in this Act for any term not exceeding 3 years XIV Provided persons to be appointed by the Justices of the Peace within six moneths after this Act to have the refusal of contracting for the Excise in their respective Counties XV. Forfeitures and offences upon this Act in London shall be heard and determined before the Commissioners of Excise or Commissioners of Appeal and in the several Counties before 2 Justices of the Peace and upon their neglect or refusal by 14 days space after complaint and notice to the offendor then the Sub-commissioners for the Town or place c. or major part of them to hear and determine the same saving an appeal in case of wrong to the quarter Sessions who are to summon the parties and may proceed to levy the forfeitures within this Act. XVI Provided the said forfeitures and penalties may be mittigated or compounded 3 fourth parts of which shall go to the King and one fourth to the informer XVII One principal office of the Excise erected in London to be mannaged by such officers as the King shall appoint XVIII None shall be capable to meddle in any office of the Excise until he shall before 2 Justices of the Peace or one of the Barons of the Exchequer take the Oath of Supremacy and Allegiance and the Oath following You shall swear to execute 〈…〉 truely and faithfully without favour or affection and shall from time to time true accompt make and deliver to such person and persons as his Majestie shall appoint to receive the same And shall take no fee or reward for execution of the said office from any other person then from his Majesty or those whom his Majesty shall appoint in that behalf XIX London Westminster Southwark and Parishes under the bills of Mortality shall be under the goverment of the head office and be open at certain times of the day XX. The General issue may be pleaded in any action brought against persons doing any thing in execution of this Statute and the defendant upon nonsuit or verdict for the the defendant to return double costs XXI Writs of raciorari shall supersede no proceedings See Accompt num XI XXII See Stat. 1. 5 Car. 2. cap. 12. Stat. 3. An additional Act for better ordering and collecting the duty of Excise and preventing the abuses therein and Stat. 15 Car. 2. cap. 13 Stat. 3. An explanation Act for recovery of the Areares of Excise not pardoned by the Act of Oblivion XXIII Stat. 16. 17 Car. 2. cap. 4. After the 8 of November 1665 all Farmers of Excise or any of them within their respective devisions may use and put in execution all such powers as Commissioners or Sub-commissioners of Excise may by several Statutes for Excise for the levying the same Except the judicial part for determining offences and imposing or mitigating or compounding fines or penalties Excommunication I. Sententia lata super Chartas 38 H. 3. Vide Rast Excom 1. In the year 1254 by the concent and in the presence of the King the Lords and other estates of the Realm Boniface Arch-bishop of Canterbury and all the other Bishops then present being apparelled in Pentisicals with tapers burning do in Westminster hall solemnly denounce a heavy curse and Excommunication against all such as shall violate or break the liberties of the Church or Customs and Liberties of the Realm and especially contained in Mag. Char. and Cart. de Foresta II. Articuli Cler. 7. 9 E. 2. The King's letters that Ordinaries shall absolve excommunicate persons shall not issue forth any more unless it be found that the King's liberty is prejudiced by such Excommunication III. Articuli Cler. 12 9 E. 2. The writ of Excommunicato capiendo shall not be denyed for the priviledge of being of the King's tenure and that the party ought not to be cited out of their Parish IV. Stat. 9 E. 3. Writs are ordained for the Bishops to excommunicate all perturbers of the peace of the Church and King felons maintainers and conspirators of felonies false Jurors and maintainers of false quarrels every Sunday and double feasts c. in
costs and damages for delaying of execution by the writ of errour VIII Stat. 21 Jac. 24. The party or parties at whose suit any person shall stand charged in execution for debt or damages recovered their executors or administrators may after the death of the person so charged in execution lawfully sue forth new execution against the lands and tenements goods and chattels of the person so deceased in like manner as if the person deceased had never been taken in execution Howbeit this Act shall not extend to lands sold bonâ fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts IX For further remedy against the inconvenience of staying Execution after judgment in part provided against by the Stat. 3 Jac. cap. 8. no Execution shall be stayed in any of the said Courts by writ of Errour or Supersedeas after Verdict and Judgment in action of debt upon the Stat. 2 E. 6. for tithes promise for payment of money Trover Covent Detinue or Trespass unless such recognisance in the same Court be first entred as directed by the said Statute And if Judgment be affirmed the party presenting such writ or error shall pay double cost for such delay X. Proviso this Act not to extend to any popular action except Stat. 2 E. 6. for tithes nor to any Indictment Information Inquisition or Appeal XI Stat. 16. 17 Car. 2. cap. 8. After a Verdict of 12 men in any action suit bill or demand comenced after the 25 of March 1665 in any the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durram or Courts of the Great Session or in any of the 12 Shires of Wales Judgment thereupon shall not be stayed or reversed for default in form or lack of form or lack of pledges or but one pledge to prosecute returned upon the original writ or for default of entring of pledges upon any Bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by the reason of the omission of 6 c. armis or Contra pacem or for mistaking of the Christian-name or Sur-name of the Plaintiff or Defendant Demandant or Tenant summe or summes of money day moneth or year by the Clerk in any Bill Declaration or Pleading where the right name Sur-name summe day moneth or year in any Writ Plaint Roll or Record proceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the Plaintiff might have demurred and shewn the same for cause Nor for want of the averment of Hoc paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right venue so as the cause were tried by a Jury of the proper County or place where the action is laid XII Nor any Judgment after verdict confession by cognovit actionem or relicta verificatione shall be reversed for want of Miserecordia or Capiatur or by reason that a Capiatur is entred for a Miserecordia or a Miserecordia for a Capiatur Nor that Ideo concessum est per Curiam is entred for Ideo confideratum est per Curiam nor for that encrease of costs after a verdit in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any whatsoever are not entred to be by consent of the Plaintiff But that all such omissons variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or tryall are altered shall be amended by the Justices and other Judges of the Courts where such Judgments are or shall be give or whereupon the Record is or shall be removed by writ of Errour Provided this Act extend not to any Writ Declaration or suit of Appeal of Felony or Murther nor any indictment or presentment Felony Murther Treason or other matter nor to any process upon any of them nor to any Writ Bill Action or information upon any penal Statute other then concerning Customes and Subsedies of Tunnage and Poundage XIII And after the 20 of March 1664. No Execution shall be stayed in any of the aforesaid Courts by writ of Errour or Supersedeas thereupon after verdict and judgment in any action personal whatsoever unless a recognizance with condition according to the former Statute made 3 Jacob. cap. 8. shall be first acknowledged in the Court where such judgment shall be given XIV In writs of Errour to be brought upon any judgment after verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the Plaintiff in such writ or Errour shall be bound unto the Plaintiff in such writ of Dower of Ejectione firmae in such reasonable summe as the Court to which such writ of Errour shall be directed shall think fit with condition that if the judgment shall be affirmed in the said writ of Errour or the writ of Errour discontinued in the default of Plaintiff therein or that the said Plaintiff be nonsuit in such writ of Errour that then the Plaintiff shall pay such costs damages and summes of money as shall be awarded after such judgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any waste committed after the first judgment in Dower or Ejectione firmae And upon return thereof Judgment shall be given and Execution awarded for such mean profits and damages and for costs of suit Provided this Act extend not to any writ of error to be brought by any Executor or Administrator nor any action popular nor to any other action which is or shall be brought upon any penal Law or Statute except actions of debt for not setting forth of tithes nor to any Indictment Presentment Inquisition Information or Appeal This Act to continue in force for 3 years and to the end of the next Session of Parliament after the said 3 years and no longer Execution of Statutes I. Stat. 3 H. 7.1 The Lord Chancellor Treasurer and Privy Seal or any two of them calling to them a Bishop a Lord of the Council and the two chief Justices or two other Justices in their absence upon bill of information put to the Chancellor for the King or any other for maintenance retainers embraceries untrue demeanings of Sheriffs taking of money by Juries great Riots or unlawful assemblies have authority to call before them by writ or privy Seal
exemplified under the Great Seal or the seal of any other Court of this Realm nor to any Judge Justice or other person that shall set any such seal thereunto not knowing the same to be forged ☞ Forestallers Regradors and Ingrossers * I. Stat. 6 E. 6.14 He or she that shall buy or contract for any Merchandize Victual or other thing whatsoever in the way before it shall be brought by land or by water unto any City Port Road Fair or Market where it should be sold or shall cause the same to be so bought or shall diswade people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a Forestaller A Regrador is he that buyes any grain wine fish butter cheese candles tallow sheep lambs calves swine piggs geese capons hens chickens pigeons conies or other dead victual whatsoever brought to a Fair or Market to be sold there and do sell the same again in the same Fair or Market or in some other Fair or Market within 4 miles III. An Ingrosser is he that gets into his hands by buying contract or promise other then by demise grant or lease of land or tithe any corn growing in the fields or other grain butter cheese fish or other dead victual whatsoever with intent to sell it again IV. The party guilty of any of the offences aforesaid shall forfeit for the first offence the value of the goods so bought or had and suffer 2 moneths imprisonment without bail for the second the double value and suffer 6 moneths imprisonment without bail and for the third shall forfeit all his goods be set upon the Pillory and be imprisoned at the King's pleasure V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal nor the provision of any Town Corporate Ship Castle Fort Barwick Holy Island c. or any Fish-monger Inholder Victualer Butcher Poulterer or people dwelling within one mile of the main Sea which use to buy and sell fish for any thing concerning their several mysteries or trading they retailing the same at reasonable prices nor any Badger Lader Kidder or Carrier assigned to that office by three Justices of Peace and delivering the commodity out of his hand within one moneth after he buyes it nor the taking of any thing reserved upon any lease so that all these things be done without fraud or forestalling VI. He that buyeth grain in any Market for change of seed shall bring as much the same day and sell it if he can according to the present price of grain there in pain to forfeit double the value of the grain so bought VII He that buyes any cattel and sells the same again alive within 5 weeks shall forfeit double the value thereof during which time he ought to keep them upon Pasture which he hath either by grant or prescription VIII Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition presentment bill or information or by the testimony of two witnesses and to exact the one half of the forfeitures to the use of the King and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias and when the prosecution shall be at the Kings suit onely to extract the whole to the King's use IX None shall be punished twice for the same offence X. This Act shall not restrain the transporter of grain or cattel from Port to Port allowed by three Justices of Peace and not fore-stalling so that he imbark the same within 40 days after he buyes them and brings back from some Justice of Peace or Head officer a Certificate of their unlading agreable to his Cocket XI The offences against this Statute shall be prosecuted within two years XII This Act shall not restrain a Drover allowed by three Justices of Peace 1. Qu. and selling his cattel at 40 miles distance from the place where he bought them Howbeit such allowance ought not to continue above one year XIII Stat. 13 El. 25. in fine The Statute of 5 6 E 6.14 shall not extend to Wines Oyls Sugars Spices Currants or other forein victual brought from beyond Sea Fish and Salt onely excepted XIV For more ancient Statutes against Forestalling see the Statute of Forestallers 31 E. 1. and the Statute of clothes 25 E. 3.3 Which because they are altered by 4 5 E. 4.14 I have not thought thme fit to be inserted ☞ Franchises and Liberties I. Magna Charta Cap. 1. 9 H. 3. The Church of England shall be free and shall have all her holy Rights and liberties inviolable II. Magna Charta Cap. 9. 9 H. 3. The City of London and all other Cities Burroughs Towns the Barons of the five Ports and all other Ports shall have all their old liberties and free Customs III. Magna Charta Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved which the King himself promiseth to observe and commandeth all men of this Realm to do the like He likewise further promiseth that neither he nor his heirs shall procure or do any thing to infringe them and that if any thing be so procured it shall be void VI. Stat. De quo warranto 18 E. 1. If any can verifie by good enquest or otherwise that they or their Ancestors or Predecessors have used any liberty whereof they have been impleaded by Quo warranto before the death of R. 1. and have hitherto not having abused such liberty They shall be adjourned to a reasonable day before the Justices within which time they may repair to the King with the Record thereof signed by the Justices seal which done the King will confirm their estate and if any judgments have been given upon such writs by the Justices at Westminster upon the complaint of the party grieved to the King he will give them remedy V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices and all pleas now depending shall be adjourned into their proper Counties until the coming of the Justices into those parts Note that this Statute was confirmed by another Statute De quo warranto of the same year and to the same effect VI. Stat. De quo warranto 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before and of a Proclamation that such as claim liberties shall shew to the Justices at the first Assizes when they shall come into those parts how they hold them for which they shall have forty days summons and if they appear not their liberties shall be seised in the name of distress Also the form of another Proclamation that such as complain of the King's officers shall shew their grievances to the said Justices VII Stat.
onely ornaments of the Church beside Challices the metal plainly appearing in some part thereof in pain to forfeit 5 l. to the King and damages to the party deceived by them XVI Stat. 2 H. 5. Stat. 2. cap. 4. Goldsmiths shall gild no Silver wares but of the alloy of Sterling and shall not take above 46 s. 8 d. for a pound of Troy Silver so guilt and for more or less after the same rate in pain to forfeit to the King the value of the thing otherwise sold * XVII Stat. 8 H. 5.3 None shall gild sheaths or any metal but Silver and the ornaments of holy Church neither shall any Silver any metal but Knights spurs and the apparel pertaining to a Baron or above that estate in pain to forfeit ten times the value of the thing so gilt and to suffer a years imprisonment he also that will sue for the said forfeiture shall have a third part thereof for his pains ☞ XVIII Justices of Peace have power to hear and determine the offences committed against this Act. * XIX Stat. 2 H. 6.14 None shall sell any work of Silver unless it be as fine as sterling except what sowder is necessary to be used therein for which allowance shall be made accordingly XX. None shall put to sale any Silver harness in London before it be touched and also marked with the Goldsmith's mark first made known to the Wardens of that Craft in pain to forfeit the double thereof XXI If the Keeper of the Touch mark such harness with the Leopards head which is not as fine as sterling he shall forfeit the double value thereof to the King and damages to the party grieved XXII York Newcastle Lincoln Norwich Bristol Salisbury and Coventry shall have several touches according to the Ordinances of the chief Officers there which shall be directed by the orders of London upon the like forfeiture XXIII No Goldsmiths elsewhere where there is no touch shall put to sale any work of Silver under the fineness of sterling and shall set their mark thereupon before they so put it to sale upon the like forfeiture ☞ XXIV All Justices of Peace may hear and determine the offences committed against this Act Howbeit if the Mint-master offend he shall be punished according to the form of his Indentures Vide Stat. 2 H. 6.12 in title Money * XXV Stat. 4 H. 7.2 No Finor of Gold and Silver shall alloy any fine Silver or Gold nor sell it save onely to the Officers of the Mint Changers and Goldsmiths for the amending of Coin and Plate for which he shall receive the true value in pain to forfeit the value of the Gold or Silver so alloyed or sold to be divided betwixt the King and the finder XXVI Neither shall any such Finor sell any silver in Mass molten and alloyed in pain to forfeit the same to be divided betwixt the King and the finder XXVII All fine Silver which is to be parted shall be made so fine that it may bear 12 penny weight of alloy in a pound weight and yet remain as good as sterling and every Finor shall put his several mark upon such fine Silver in pain to forfeit the value thereof to be divided betwixt the King and the finder XXVIII No Goldsmith shall melt or alloy any fine Silver except it be for making of Amels Goldsmiths work or mending of Plate to make it as good as sterling neither shall he sell any fine or alloyed Silver molten into mass to another Goldsmith and to any other person whatsoever XXIX This Ordinance shall be observed by all Goldsmiths in pain to forfeit their Silver or the value thereof to be divided betwixt the King and the finder * XXX Stat. 18 El. 15. No Goldsmith shall work sell or exchange any Goldsmiths ware of Gold under 22 carets fine nor shall put more sother amel or other stuffings in his work then is necessary for the finishing thereof neither shall he take above 12 d. for the ounce of Gold besides the fashion more then the buyer may be allowed for it at the Queen's exchange or Mint in pain to forfeit the value of the thing so sold or exchanged XXXI No Goldsmith shall make sell or exchange any Goldsmiths ware of Silver less in fineness then 11 ounces and two penny weight or take above 12 d. for every pound weight of such ware besides the fashion more then the buyer may be allowed for it at the Queen's exchange or mint nor put to sale any Silver work before he hath set his own mark to so much thereof as may conveniently bear the same in pain to forfeit the value of the thing so sold or exchanged XXXII If any Goldsmiths work be marked and allowed by the Wardens or Masters of that Mystery and be afterwards found faulty the Wardens and Corporation of the said Mystery shall forfeit the value of the thing so sold or exchanged XXXIII The said forfeitures are to be divided betwixt the Queen and the party grieved XXXIV Stat. 14 Car. 2. cap. 3. None shall melt any currant money of this Realm upon penalty of the double value besides the coyn melted XXXV Person offending therein if free-men of any City or Corporation shall be disfranchised disabled from using any trade and not being free-men of any Corporation shall suffer six moneths imprisonment Grants I. Stat. 3 4 E. 6.4 An exemplification of the inrolment of the King's Letters Patents under the Great Seal shall be of a good force to be shewed or pleaded in behoof of the Patentees their heirs successors and assigns or of any other having any state from by or under them or any of them or by any other means under the date of such Letters Patents as if the Letters Patents themselves were produced II. Stat. 13 El. 6. An exemplification of the inrolment of the Letters Patents by H. 8. E. 6. Qu. M. Ph. M. Qu. El. or any of them since the 4th of Febr. in the 27 year of H. 8. or hereafter to be granted by the Queen her heirs or successors shall be of as good force to be shewed or pleaded in behoof of the Patentees their heirs successors and assigns and every other person having any estate from by or under them or any of them as well against the Queen her heirs and successors and against all other persons whatsoever as if the Letters Patents themselves were produced ☞ Gunpowder I. Stat. 16. 17 Car. 21. An Act for the free bringing in of Gunpowder and Salt-peter from forreign parts and for the free making of Gunpowder in this Realm See the Statute at large And see title Customes and Customers num XXXIV Hats and Caps * I. Stat. 8 El. 11. NOne by himself or any other shall work Hats or Felts with forreign wool or stuff unless he hath been Apprentice or Covenant-servant seven years at least to the mystery of Hat or Felt-making in pain to forfeit the Hats or Felts he shall make or cause
ways of the same Parish by distress and sale of the offendor's goods and imprisonment in default by warrant as aforesaid XL. Within 20 days after election of such Officers a tax or pound rate shall be made by the Inhabitants of every Parish which being confirmed by 2 Justices of the Peace shall be quarterly paid upon demand by the Officers appointed and upon refusal levied by distress and sale of the goods by warrant from 2 Justices of the Peace and for lack of distress by imprisonment of the Offendor not being a Peer until payment XLI Provided all Actions against Persons for executing this Act shall be laid in their proper County and the defendant may plead the general issue and recover treble costs if wrongfully vexed XLII Several houses in and about London obstructing the common passages to be removed and Commissioners by the King to be appointed under the Great Seal to receive contributions for enlarging the streets and ways and to treat with the owners for satisfaction for pulling down the same which Commissioners are to take an oath impartiality to execute this Act the Lord Mayor of London to be a joynt Commissioner with them and the Dean of Westminster Steward and Deputy Steward to be also joynt Commissioners within the said liberties This Act to continue till the end of the first Sessions of the next Parliament XLIII Stat. 14 Car. 2. cap. 6. For enlarging and repairing common High-ways Surveyors shall be chosen upon Munday or Tuesday in Easter-week yearly in every parish upon pain of 5 l. for default thereof XLIV The said Surveyors shall within 20 days after Election view all the High-ways and Bridges within their Parish and consider of needful reparations and thereupon with 2 or more substantial Householders make an assessment for repair thereof not exceeding 6 d. in the pound for one year 20 l. stock to be rated as 20 l. per annum which being allowed by some Justice of the Peace shall be paid within 20 days after demand by the Surveyors upon pain of forfeiture of double so much unless upon complaint to the said Justice he shall think fit to alter the same XLV The Surveyors shall cause all nusances in High-ways or Ditches and water-courses not scoured to be amended and the offenders punished by law and deduct their charges for prosecution thereof and may yearly between the 1 of May and the last of August hire labourers carts and carriages for that purpose XLVI They may appoint persons to work in the High-ways according to former laws and Carts and Carriages for more days then by former laws directed paying according to the rates of the Country and one Justice of Peace may upon questions of value determine the same and upon neglect or refusal of any person charged he shall forfeit 10 s. for a Team a day and 18 d. for a labourer Provided none be charged for lands and stock which he useth upon the same XLVII The Surveyors within their Parishes by order from the quarter Sessions and upon view and by consent of 2 Justices authorised by the said Sessions under their hands and seals in writing may enlarge any High-way not of to the breadth 8 yards out of the sale of the owner in such manner as by the Act appointed XLVIII In case of want of gravel sand c. in one Parish it may be digged in the waste of another filling up the pit again if required XLIX In case of want of gravel sand or other materials in any Common or Waste of any Parish the same may be digged in the soile of any owner the same not being a House Orchard Garden Court-yard Park with deer or Meddow rendring damages to the owner for digging and filling again the pit L. No travelling Waggon Wain or Carriage for hire other then carriage for Husbandry managing lands carrying Hay Straw Corn unthreshed Coal Chalk Timber for Shipping materials for building stones Amunition and Artillerie for the King's service shall go in any High-way with above 7 Horses whereof 6 by paiers and not above 8 Oxen or six and two Horses by paires nor carry above 2000 weight between 1 October and 1 May nor above 3000 between 1 May and 1 October nor above 8 quarters of Barley Mault or Oates nor with any wheeles less then 4 inches broad in the tyre upon pain of 40 s. one third part whereof shall be to the Surveyors one other third part to the poor of the Parish and the other third part to the discoverer to be levied by distress and sale of the offenders goods if payment be not made within 3 days and the offences aforesaid declared common nusances LI. Suits against any Officers for any thing done upon this Act shall be tried in their proper Counties the defendant may plead the general issue and if wrongfully sued recover double costs LII All moneys assessed and charitable gifts for mending the High-ways Pavements c. and all fines and forfeitures not otherwise disposed by this Act and all amerciaments upon Parishes for repairing High-ways shall be imployed by the respective Surveyors within their respective Parishes by warrant under their hands and seals and levied by distress and sale of the offendors goods as aforesaid LIII All Surveyors shall within one moneth after their year expired give in an accompt under their hands in writing to the parish of all their receits and disbursements and of all arreares fines forfeitures penalties and charitable gifts and pay what remains in their hands to the succeeding Surveyors and upon default and complaint to any 2 Justices of the Peace near the said Parish the said Justices shall commit the party offending to prison till a true accompt be made LIV. Justices of Oyer and Terminer and of the Peace may enquire of hear and determine matters of Charitable gifts for mending High-ways and also all offences in Surveyors and other concerning High-ways and make orders therein Provided persons grieved by such orders may appeal to the Chancery as upon decree upon the Statute of charitable uses LV. No certiorari shall be allowed to remove any information indictment or other proceedings in the quarter Sessions touching any matter in this Act unless the Parties prosecuted give security to the prosecutors to pay them their costs and damages LVI Proviso touching the lessees of the Iron works in Surroy Sussex and Kent LVII Proviso not to lay any new charge where the Justices at the quarter Sessions or two Justices near the Parish shall be satisfied that the High-ways may be sufficently repaired without help of this Act. LVIII Tenants and Occupiers are to pay Assesments for High-ways LIX The power of Assessing to continue onely for 3 years LX. All other powers continued till the end of the first Session of the next Parliament and no longer LXI Stat. 15 Car. 2. cap. 1. Stat. 3. An Act appointing speciall Commissioners with power to oversee and repair the High-ways within the Counties of Hertford Cambridge and
Huntingdon leading from London to York and into Lincolnshire and for gathering a certain Toll for the same viz. for Hertfordshire at Wades Mill for Cambridge at Caxton and for Huntingdonshire at Stilton and not elsewhere vid. the Act. LXI Stat. 16 17 Car. 2. An Act for continuance of a former Act for repairing the High-ways within the County of Hertford for 21 years from the time mentioned in the said Act. ☞ Holy-days and Fasting-days I. Stat. 2 3 E. 6.19 An Act prohibiting flesh to be eaten on fish-days But see a greater penalty inflicted 5 E. 5. Infra in Ships II. Stat. 5 6 E. 3.3 Holy-days and Fasting-days are appointed But 1 M. Parl. 1. Cap. 2. this Act is repealed And afterwards by 1 Jac. 25. 1 M. is repealed and therefore Quaere whether it be now in force unless it had been revived by special words III. Stat. 1 Car. 1. All concourse of people out of their own Parishes for any pastime whatsoever as also Bear-baitings Bull-baitings Enterludes Common-plays and all other unlawful pastimes are prohibited on the Lord's-day IV. The Offender against this law being thereof convicted by the view of one Justice of Peace in the Countrey or by a chief Officer in a Corporation or by his own confession or by the oath of one witness before one such Justice or Officer shall forfeit 3 s. 4 d. to the use of the poor where the offence is committed to be levied by distress and sale of goods upon warrant from the same Justice or Officer by the Constables or Churchwardens of the same Parish and in case no distress can be had the Offendor shall sit in the stocks 3 hours but this offence ought to be prosecuted within one moneth after it shall be committed And if the Officer be questioned he shall plead the general issue and yet give special matter in evidence * V. Stat. 3 Car. 1. No Carier with his Horse Waggoner with his Wagon Car-man with his Cart Wain-man with his Wain or Drover with his Cattel shall travel upon the Lord's-day in pain to forfeit 20 s. for every such offence VI. No Butcher shall kill or sell any victual upon the same day in pain of 6 s. 8 d. * VII Here the conviction of the Offender and the levying and imployment of the forfeitures are the same with those of the former Statute save onely that here two witnesses are necessary and the forfeitures may also be recovered by a prosecutor in the Sessions of the County or Corporation where the offence was committed and in that case the Justice or Head-Officer may allow the prosecutor part of the forfeitures but not above a third part VIII This Action shall be prosecuted within six moneths and here also the Officer may plead the general issue Homage and Fealty I. Stat. 17 E. 2. When a Free-man doth homage to his Lord of whom he holdeth in chief he shall hold his hands between the hands of his Lord and say thus I become your man from this time forth for life for member and for worldly honour and shall ow you my faith for the lands that I hold of you saving the faith that I ow unto our Lord the King and to mine other Lords II. When a Free-man doth fealty to his Lord he shall hold his right hand upon a Book and shall say thus Hear you my Lord R. that I P. will be to you both faithful and true and shall ow my fidelity unto you for the Land that I hold of you and lawfully shall do such customs and services as my duty is to you at all terms assigned so help me God and all his Saints III. When a Villain shall do fealty unto his Lord he shall hold his right hand over the Book and say thus Hear you my Lord A. that I B. from this day forth unto you shall be true and faithful and shall ow you fealty for the Land I hold of you in Villenage and shall be justified by you in body and goods so help me God and all his Saints Honours I. Stat. 31 H. 8.5 An Act for the making of the Mannor of Hampton-Court with divers Mannors and Lands thereunto annexed an Honour and the King shall have a free Chase and Warren there also the offenders there shall be punishable as in any other Forest or Chase all which are to be in the survey of the Court of Augmentations and Shipton is annexed unto the Dutchy of Cornwal in lieu of Bifleet and Weibridge taken away by this Act from the said Dutchy II. Stat. 33 H. 8.37 An Act for the making of the Mannor of Amphthil in Com. Bed an Honour and for annexing divers lands in Com. Bed and Buck. to the said Honour with other Articles concerning that Mannor which said lands are appointed to the survey of the Court of Augmentations III. Stat. 33 H. 8.38 The like for the Mannor of Grafton in Com. North. See the Statutes at large Hops * I. Stat. 1 Jac. 18. None shall bring or cause to be brought into this Realm from forein parts any hops deceitfully mixt with any soil whatsoever in pain to forfeit the hops so brought in neither shall any buy such hops so brought in or growing within the Realm and imploy them in brewing in pain to forfeit the value thereof which said forfeitures shall be divided betwixt the King and the prosecutor Horners * I. Stat. 4 E. 4.8 No stranger shall buy any English horns unwrought gathered or growing in London or within 24 miles thereof The Wardens of Horners in London may search all ware belonging to their Mystery in London and within 24 miles thereof And in Sturbridge and Ely Fairs See the Statute at large But note that this Statute is repealed by 1 Jac. 25. Howbeit it is recited in part revived by 7 Jac. 14. as followeth II. Stat. 7 Jac. 14. The Act of 4 E. 4.8 and every part thereof except power of search in the Fairs of Sturbridge and Ely and the limitation of such prices for horns as they were to be had for at the making of the said Act shall be revived and be of like force as if it had been repealed by 1 Jac. 25. III. None shall sell English horns unwrought to any stranger nor send any such horns beyond Sea in pain to forfeit the double value thereof to be divided betwixt the King and the prosecutor ☞ Horses Mares and Cattel * I. Stat. 20 R. 2.5 None shall take the horse or beast of any to serve the King without the owner's consent or sufficient warrant in pain to be imprisoned until he recompence the party grieved * II. Stat. 11 H. 7.13 None shall convey any horse out of the Realm without the King's licence in pain to forfeit the same nor any Mare above the value of 6 s. 8 d. in pain to forfeit her the owner thereof receiving 6 s. 8 d. for her at the time of the seisure otherwise that also is to be forfeited and here the Mare
Stat. 18 El. Two Acts were made but not printed the one for the Hospital of S. Cross near Winchester and the other for one at Leicester VI. Stat. 27 El. Also two Acts not printed the one for the Hospital of Christ at Sherbourn in Bishoprick and the other for that of Eastbridge in Canterbury VII Stat. 39 El. 5. It shall be lawful for any person within 20 years next insuing by deed inrolled in Chancery to erect and found an Hospital or house of correction to have the same continue for ever and for him his heirs and assignes to place such head and members and such number of poor as they please which said Hospital or house so founded shall be incorporated and have perpetual succession for ever which Corporation shall have power to purchase goods and Chattels also lands not exceeeding the value of 200 l. per annum nor held by Knight service or in chief of the Queen and all this without licence or the writ of ad quod damnum the Statute of Mortmain or of any other to the contrary VIII They shall also have power to sue and be sued in all Courts and to have such a common seal or seals as the Founder his heirs or assigns shall appoint by which they may seal all Instruments which concern the said Corporations IX They shall also be visited and ordered by such person or persons as the said Founders their heirs or assigns shall nominate according to the Statutes of the Foundation being not repugnant to the Laws and Statutes of this Realm Howbeit the Founder his heirs and assigns upon the death or removal of any head or member shall have power to place another in their stead X. Provided that all leases and estates made by any such Corporation for above 21 years and that in possession and whereupon the accustomed yearly rent for the greater part of 20 years before shall not be reserved and yearly payable shall be void XI The right of all persons save of the Founders their heirs and successors is saved XII This act shall not inable Infants Femes covert without their husbands or persons not of sane memory to make such Corporations or to endow the same XIII No such Corporation shall be made unless the same be upon the foundation thereof endowed with lands of the clear yearly value of 10 l. per annum XIV Provided that the Corporations aforesaid shall not by force of this Act do or suffer to be done any thing in prejudice thereof but such construction shall be made thereof as shall be most beneficial for the maintenance of the poor and for avoiding of all divices which may be invented or put in ure contrary to the true meaning thereof XV. Stat. 39 El. 6. Commissions may be awarded to certain persons to inquire of lands or goods given to Hospitals or other charitable uses mis-imployed and to reform them But this Act was afterwards repealed by 43 Eliz. 4. saving for the execution of orders and decrees before made by Commissioners according to the Statute XVI Stat. 43 El. 4. It shall be lawful for the Lord Chancellor or Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that precinct to award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other persons of good behaviour authorizing four or more of them to inquire as well by the oaths of twelve or more lawful men as otherwise of all grants gifts assignments limitations and appointments and of all abuses and mis-imployments of all lands tenements and hereditaments and of all goods and chattells given limited or appointed to charitable uses XVII The Commissioners having called the parties interessed made inquiry by the oathes of such 12 men or more unto whom lawfull challenge may be made by the parties so interessed and set down such orders and decrees therein that the things so given to charitable uses may be faithfully imployed the orders and decrees so made being not repugnant to the Statutes of the Founders or Donors shall stand firm and be executed accordingly until they shall be altered by the Chancellor Keeper or Chancellor of the said Dutchey respectively upon complaint made to them thereof by the party grieved XVIII This Act shall not extend to any thing given to any Hall or Colledg in the Universities or to the Colledges of Westminster Eaton or Winchester or to any Cathedrall Church or to any City or Town Corporate or to any lands or tenements given to the uses aforesaid in any such City or Town where there is a special Governour or Governours to govern things disposed to such uses or to any Colledg Hospital or Free-School having special Visitors or Governours appointed by the Founders XIX This Act shall not be prejudicial to the Ordinary or his jurisdiction XX. None having the thing in question or pretending title thereunto shall be either Commissioner or Juror XXI This Act shall not impeach any purchaser bonâ fide of things given to charitable uses not having notice thereof Howbeit in that case the party or parties who have broken their trust in selling the same their heirs executors and administrators shall make satisfaction by the Decree of the said Commissioners if they have left assets or so far as the assets so left shall extend XXII The Commissioners shall not meddle with any lands conveyed or come to the hands of H. 8. E. 6. Qu. M. or Qu. El. unless the grant to charitable uses were made since the beginning of Queen Elizabeth's reign XXIII The Orders Judgments and Decrees shall be certified into the Chancery or Dutchy Court as the case shall require under the Commissioners Seals within such time as shall be limited in their Commissions And the said Lord Chancellor Keeper or Chancellor of the Dutchy respectively shall take such order for the due execution of the said Decrees as to them shall seem fit XXIV If the party against whom the Decree is past conceive himself injured thereby upon complaint thereof to the said Chancellor Keeper or Chancellor of the Dutchy respectively he shall have redress if there be cause but if not they shall award good costs against him for complaining without cause Hounslo-Heath I. Stat. 37 H. 8.2 Hounslo-Heath in Com. Midd. which contains 4293 acres and one rood of ground extendeth into several Parishes so much thereof as is the King's inheritance and is meet for tillage pasture meadow or other several ground shall be of the nature and condition of Copy-hold land or the same may be let by the Steward of the Mannor at will or for 21 years which lessee shall and may improve it Hull I. Stat. 33 H. 8.33 The Statute of 27 H 8.3 which was made for the taking away of certain customs that the Mayor and Commonalty of Hull took for fish is repealed but by this they may take of every person priviledged for a last of hering 20 d. for
forfeited is saved XXXV The Act shall not extend to any Sheriff or Minister of a Corporation so that they return like issues as before are limited XXXVI Stat. 4 5 P.M. 7. A Tales de circumstantibus may upon request for the King or Queen by any authorized thereunto or assigned by the Court or upon request by the Prosecutor or his Attorney and by the command of the Justices of Assize of Nisi prius be granted in a suit commenced upon a penal Statute XXXVII The Stat. of 35 H. 8.6 shall be interpreted to give like advantages to the king Queen and prosecutor as it doth there to the Plaintiff as if such suits for the King had been there particularly mentioned XXXVIII Stat. 5 El. 25. Tales de circumstantibus shall be grantable in the 12 Counties of Wales and the Counties Palatine of Chester Lancaster and Durham being of the same effect with the Statute of 35 H. 8.6 See the Statute at large XXXIX Stat. 14 El. 9. In case the Plaintiff or Defendant forbear or refuse to pray a Tales it shall be granted by the Justices of Nisi prius in England or those of Oyer or Assize in Wales Chester Lancaster and Durham at the prayer of the Defendant or Tenant and that as well in suits upon penal Laws as upon other trials XL. Stat. 27 El. 6. The ability of Jurors returned upon trials ordained by the Statutes of 2 H. 5. Stat. 2. cap. 3. and 35 H. 8.6 to be 40 s. per annum is increased to 4 l. per annum upon the like pain of 20 s. to be forfeited by the Sheriff or other Officer for every Juror otherwise returned and in that respect the writs shall be Quorum quilibet habet quatuor libras c. XLI Here the issues to be returned shall be as followeth viz. upon the first writ 10 s. upon the second 20 s. upon the third 30 s. and the double of 30 s. afterwards until a full Jury be sworn or the process otherwise cease in pain that the Sheriff or other Officer shall forfeit 5 l. for every Juror returned with less issues set upon him XLII Upon issues lost by a failer of lawful summons the Sheriff or other Officer shall forfeit the double issues XLIII The Sheriff or other Officer that takes a bribe and agrees to take it directly or indirectly for the sparing of a Juror shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor XLIV Upon any trial two Hundreders shall be hereafter deemed sufficient notwithstanding any challenge hereafter to be made against the same XLV All lawful challenges shall be admitted notwithstanding this Act neither shall it extend to Juries in Corporations or Wales XLVI Stat. 16 17 Car. 2. cap. 3. All Jurors other then strangers upon trials Per medietatem linguae returnable for trial of issues in the King's Bench Common Pleas or Exchequer Justices of Assize or Nisi prius Oyer and Terminer Gaol-delivery or General or Quarter Sessions of the Peace after the 25 of April 1665 in any County of England shall have in their own name or in trust for them within the same County 20 l. per annum at least in their own or their wives right ultra Reprisas of Freehold lands or ancient Demesne or rents in Fee Fee-Tail or for life And in every County of Wales every such Jurors shall have 8 l. per annum as aforesaid And if any be returned otherwise it shall be a good cause of challenge and the party discharged upon his own allegation and oath thereof XLVII No Jury man's issues for default shall be saved but by special order of the Judges for good cause proved before the Judge where the issue is to be tried XLVIII The writs of ven fac to be made out accordingly and the Sheriff or other persons to make out pannels shall not return any persons but such as aforesaid upon pain for every person returned not having such estate the summe of 5 l. to the King his heirs and successors XLIX And for discovering such persons and estates every Sheriff shall on the first day of every Sessions after Easter yearly deliver to the Justices of the Peace then fitting the names of all such persons as are to be returned for Jury men to be by the said Justices or greater part of them approved for Jury men for the year then next ensuing and the said Justices may adde such others as are omitted by the Sheriff to serve of Juries for the said year And the Sheriff to incurre no penalty for returning any persons added by the Justices in case his estate be of less value then aforesaid L. No Sheriff or other shall return any person unless duly summoned by the space of six days at least before their days of apparance And have left with or for such persons in writing the names of all the parties in the causes in which they are to serve as Jurors nor shall take any reward to excuse the apparance of any Juror upon pain to forfeit 10 l. for every offence Saving to Cities and Towns Corporate their ancient usage in returning Jurors of such estate as hath been accustomed LI. Writs of ven fac ' Hab. Corpora or distringas in the County Palatine of Lancaster shall be sued out like as is used in other Counties in England returnable at the then next Assizes and like issues returned upon Jurors and to be Estreated as above provided LII And the Sheriff of the said County of Lancaster for the time being shall cause 12 lawful men so qualifyed as before appointed by this Act out of every of the six hundreds there to be duly summoned ten days before every Assizes to appear the first day of every Assizes there to attend all the said Assizes as Jurors in such causes between party and party upon pain to forfeit 10 l. to the use of the poor of the Town where such party offending doth inhabit to be levied as other issues of Jurors be levied LIII This Act to continue 3 years and to the end of the next Sesison of Parliament and no longer ☞ Justice and right and Justices I. Stat. 2 E. 3.8 No command shall be made under the great or little seal to disturb or delay common right and the Justices shall proceed to do right notwithstanding such commands II. Stat. 18 E. 3. Stat. 3.1 The oath to be given to Justices when they take their places to this effect viz. to serve the King in their Offices warn him of any damage do Justice take no bribe give no councel where he is a party maintain no suit nor deny right though by command from the King to procure the King's profit and to be answerable to the King in body lands and goods if found in default III. Stat. 20 E. 3.1 The King's Justices shall do right to all without respect of persons notwithstanding the King's letters or commands to the contrary wherewith if any be they shall acquaint
there without any such assistance to enter in the day time into any dwelling or other house edifice lodgings and chambers And search and examine whether there be any more Fire-hearths and Stoves in the same then formerly returned and certified and what Fire-hearths or Stoves increased or decreased since the former Certificate and after to make the like search yearly And if they shall finde any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tything-man or other Officer as aforesaid to certifie the same under his or their hands to the Clark of the Peace And after a probation thereof by the said Justices at their Sessions the same to be certified to his Majestie 's Remembrancer in the Exchequer and the Officer so appointed by the King unto the same shall after the 24 of June 1664 have power to collect and levy the revenue and duties aforesaid and all arrears of the same XXXVI The said duties shall from time to time be paid after the Feast of St. Michael the Arch-angel and our Lady-day yearly unto the Officers appointed by this Act to receive the same upon demand by such Officer or his Deputy at the house chamber or place where the same duty shall grow due And in case of refusal or default of payment by the space of an hour after such demand such Officer or his deputy may with the assistance of a Constable or other officer as aforesaid in the day time levy the said duty and all arrears thereof by distress and sale of the partie 's goods so refusing or making default restoring the overplus above the said duty and arrears and necessary charges for distraining the said charges not to exceed a moiety of the duty and arrears so levyed XXXVII Provided and enacted no person be distrained or molested for the said duty or any arrears after two years next after the same shall become due nor for any arrears already incurred after 2 years from the 24 of June 1664. * XXXVIII And in case of violent opposition or injury done by any person or persons to any such Officer or his deputy in the due execution of this Act the same proved by Oath before any one Justice of the Peace or chief Magistrate of the City Town or place dwelling near the place who are hereby impowred to administer the said oath It shall be lawful for any such Justice of the Peace or Magistrate to punish such Offendors by imprisonment in the Common Gaol for any time not exceeding one moneth And after the 24 of June 1664. All former Officers appointed to collect the said duty are discharged And the Officers appointed by this to collect the same shall pay the same into the Exchequer to the ends in the former Acts mentioned XXXIX Provided none be employed as aforesaid but upon security first given to the King for due collecting and paying the said Revenue and taking an oath before one of the Barons of the Exchequer or before such persons as shall be authorised to take such security and oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the laws enacted to that purpose and that they shall demand no fee but onely from the King upon pain of being disabled to execute the said office or imployment and upon legal conviction to render treble dammages to the party grieved and shall sign and deliver acquittances for money by them received without any fee or reward whatsoever and such acquittances shall be a final discharge as in the first Act provided XL. If any person leave any house lodging or chamber before any half-half-year Feast whereon the said duty ought to be paid the next occupier shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any chimney-hearth or Stove chargeable by the said Act the same to be proved either by confession of the party or upon oath before any Justice of the Peace or chief Magistrate or by their view he shall pay double the value of the duty for the same to be levied as aforesaid XLI Houses let apart from lands belonging to them or divided into several dwellings and let to persons who upon poverty may pretend exemption from payment shall pay the duty as they should have done before And no person except almes-houses inhabiting in any City Burrough Corporation Market-Town or Parish which hath above two Chimneys Fire-hearths or Stoves shall be exempted from payment If any question or difference shall arise about the taking any distress or levying any money by virtue of this Act the same shall be heard and finally determined by one or more of the Justices of the Peace near adjoyning or chief Magistrate of the Peace respectively upon complaint in that behalf XLII Every Collector appointed by virtue of this Act shall pay all moneys received into the receit of the Exchequer half yearly within 3 moneths after the Feasts of Michaelmas and our Lady-day upon pain of losing his office and all Justices of the Peace Constables and Officers are to assist the Officers in collecting and levying the said duty XLIII Provided no person be questioned for any arrears due on or before our Lady-day 1664. who shall produce to the Collector a certificate to be approved by the two next Justices of the Peace for their exemption from the said duty for that time according to the Rules in the first recited Act nor any person who hath truly paid the said duty and shall if required make proof thereof before any one Justice of the Peace or other chief Magistrate of the place XLIV All officers to be appointed by the King for collecting and receiving the said duty shall allow to the Petit Constables and Clarks of the Peace all allowances for their pains by former Acts appointed Knights I. Stat. De milit 1 E. 2. Divers causes for which a man may be excused from taking upon him the order of Knighthood See the Statute at large II. Stat. 16 17 Ca. 20. None shall be hereafter compelled by writ or otherwise to take upon him the order of Knight-hood and all proceeding concerning the same shall be void ☞ Labourers Artificers Servants and Apprentices * I. Stat. 2 3 E. 6.15 ARtificers Workmen and Labourers that conspire together concerning their work or wages every of them so conspiring shall forfeit for the first offence 10 l. to the King and if he pay it not within six days after conviction by witness confession or otherwise he shall suffer 20 days imprisonment and during that time shall have no sustenance but bread and water for the second offence he shall forfeit 20 l. and that not paid within 6 days as aforesaid shall suffer the Pillory and for the third offence shall forfeit 40 l. and that not paid within the said time shall again suffer the Pillory lose one of his ears and be
ever after taken as a man infamous and not to be credited ☞ II. Justices of Assize Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences But quaere whether this branch of this Statute be not repealed by the general words of 5 El. 4 following * III. Stat. 5 El. 4. So much of all Statutes made and every branch thereof as touch or concern the hiring keeping departing working wages or order of Servants Workmen Artificers Apprentices and Labourers or any of them and the penalties and forfeitures concerning the same are repealed Howbeit the said Statutes and every branch and matter therein contained not repealed by this Act shall remain in force IV. None shall hire or be hired for less then one whole year in the Arts of Clothier Woollen Weaver Tucker Fuller Clothworker Sheer-man Dier Hosier Taylor Shoo-maker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Capper Hat or Felt-maker Fletcher Arrowhead-maker Butcher Cook Miller ☞ V. Every person unmarried or under the age of 30 years though married having been brought up in any of the Arts above-said by the space of 3 years and not worth in lands 40 s. per annum or in goods 10 l. and so allowed under the hands and seals of 2 Justices of Peace the Head-officer or two discreet Burgesses of the Place where the party so brought up hath lived by the space of one whole year not already retained in Husbandry the Arts abovesaid or any other Art or Mystery or in any service upon requests of any person using the same Art shall not refuse to serve for the wages limited by the Statute and being so retained shall not depart from his or their service without one Quarter's warning before 2 lawful witnesses or some lawful cause to be proved before one Justice of Peace or Head-officer in pain of imprisonment without bail but upon submission to perform the service they shall be inlarged without fees which commitment and inlargement two Justices of Peace the Head-officer or 2 Burgesses as aforesaid unto whom complaint shall be made have power to command as in their disretions and upon due proof shall be thought fit VI. Every person between the ages of 12 and 60 not already retained in any service nor imployed about Husbandry Mines Glass Coal Fishing Sailing provision of Grain or Meal for London nor Gentleman born nor Scholar in any University or School nor worth 40 s. per annum in lands or 10 l. in goods not having a Father Mother or other Ancestor whose heir he is worth 10 l. per annum in lands or 40 l. in goods shall be compelled to serve in Husbandry and shall not depart that service otherwise then as is before limited upon pain above expressed VII None shall put away his servant before the end of his term without a Quarters warning or some lawful cause to be proved by 2 sufficient witnesses before the Justices of Oyer and Terminer Justices of Assize Justices of Peace in Sessions a Head-officer or 2 discreet Alder-men or Burgesses in pain of 40 s. VIII No servant having served in one City or Town shall get to serve in another without a Testimonial viz. in a Town Corporate under the Seals of the Town and 2 housholders there and in the Country under the Seals of the Constable or Constables and 2 housholders there which testimonial shall be made and delivered to the party and also registred by the Minister of the place where the servant dwelt for which the Master is to have 2 d. IX The form of the testimonial is this Memorandum that A.B. servant to C.D. of I. in the County of E. Husbandman or Taylor c. in the said County is licensed to depart from his said Master and is at his liberty to serve elsewhere according to the Statute in that case made and provided In witness c. X. The servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Minister or some Officer in any other place where he is to dwell shall suffer imprisonment till he procure one and if he produce not one within 21 days after his Imprisonment or shew a false one he shall be punished by whipping as a vagabond and the Master that retains a servant without such a Testimonial shall forfeit 5 l. XI Those that work by the day or week shall continue at work betwixt the middle of March and the middle of September from 5 in the morning till betwixt 7 and 8 at night except two hours allowed for breakfast dinner and drinking and half an hour for sleeping from the midst of May to the middle of August and all the rest of the year from twilight to twilight except an hour and an half allowed for breakfast and dinner in pain to have one penny defaulked out of their wages for every hours absence XII None that takes work by great shall leave the same before it be quite finished except for not payment of his wages the Queen's service licence of the Work-master or other lawful cause in pain to suffer one moneths imprisonment without bail and to forfeit 5 l. to the party grieved besides his costs and dammages to be recovered at the common Law for the loss sustained XIII None retained in service to work shall depart without licence in pain of one moneth 's imprisonment XIV Such wages of Labourers Artificers and others as have been formerly rated or concern husbandry shall be yearly assessed for the County by the Sheriff and Justices of Peace in Sessions and in Corporations by the Head-officer at their Easter-Sessions or within 6 weeks after and before the 12 of July following shall be certified under their hands and seals in the Chancery whereupon the Lord Chancellor or Keeper shall send down printed Proclamations thereof into every Country and Corporation before the first of Septemb. then next following which the said Sheriffs Justices and Head-officer shall before Michaelmas after cause to be inrolled and proclaimed But here when the old rates shall be certified to stand no Proclamation is needful XV. A Justice of Peace or chief Officer which shall be absent at the taxing of wages being not letted by sickness or some other reasonable cause to be allowed by the Justices upon Affidavit shall forfeit 10 l. XVI None shall give greater wages then those so rated as aforesaid in pain of 5 l. and 10 days imprisonment without bail and if any person shall be convicted before two Justices of Peace or a Head-officer of taking more wages he shall suffer 21 days imprisonment without bail XVII Every retainer promise gift or payment of wages or other thing contrary to the true meaning of this Act and every writing and bond to be made for that purpose shall be void XVIII If any servant or other shall be convicted before 2 Justices of Peace or a chief Officer as aforesaid by
his own confession or the testimony of 2 honest men to have assaulted his Master Mistress Dame or Overseer he shall suffer 1 years imprisonment or less if the Justice or chief Officer shall think fit and if the party shall be thought to deserve a more severe punishment then to receive such open punishment life and member excepted as the Justices in Sessions or the chief Officer and 4 of the discreetest men in the Corporation shall think convenient XIX Artificers shall work in hay-time and Harvest in pain of Imprisonment in the Stocks 2 days and one night which the Constable shall inflict upon them in pain of 40 s. XX. It shall be lawful for labourers other then such as are retained in service according to this Statute to go to other Shires to work in hay-time and Harvest so that they bring with them a testimonial under the hand of one Justice of Peace or a chief Officer testifying that they have not sufficient work in the place where they lived the Winter before for which testimonial they shall onely pay a penny XXI Every unmarried woman fit to serve being above 12 years old and under 40 shall by two Justices of Peace a chief Officer or 2 Burgesses be compellable to serve for convenient time and wages in pain of imprisonment XXII Husbandmen being housholders and using half a Plough-land at least in tillage may take by Indenture Apprentices above the age of 10 years and under 18 to serve in Husbandry untill the age of 21 years at least or 24 years as the parties can agree XXIII Every housholder of the age of 23 years dwelling in a Town Corporate and using there any Art or Mystery shall and may take an Apprentice for 7 years at least Howbeit the term ought not to expire before the Apprentice accomplish the Age of 24 years XXIV Merchants Mercers Drapers Goldsmiths Iron-mongers Embroiderers and Clothiers dwelling in Corporate Towns shall take no Apprentices but their own children or such whose parents hav inheritance or Free-hold of 40 s. per annum to be certified under the hands and seals of three Justices of Peace of the County where such lands lie to the head Officer of the said Corporation who shall cause the same to be recorded Artificers in Market-towns not Corporate being housholders and of the age of 24 years may take other Artificers children to serve as Apprentices XXV Merchants Mercers Drapers Gold-smiths Iron-mongers Embroiderers and Clothiers dwelling in Market-towns not corporate shall take no Apprentices but their own children or such whose parents have inheritance of Free-hold worth 3 l. per annum to be certified under the hands and seals of 3 Justices of Peace as aforesaid XXVI Smiths Wheel-wrights Plough-wrights Mill-wrights Carpenters Rough-masons Plaisterers Sawyers Lime-burners Brick-makers Brick-layers Tylers Slaters Helyers Tile-makers Linnen Weavers Turners Coopers Millers Earthen Potters Woollen Weavers of Houswifes cloth onely Fullers Woodburners Thatchers and Shinglers may take Apprentices though their Parents have no land XXVII None which hath not served an Apprentice 7 years in any Art or Mystery now used shall use the same or set any other to work therein which hath not so served out that time in pain to forfeit 40 s. for every moneth XXVIII Woollen cloth Weavers other then such as inhabit Cumberland Westmerland Lancaster or Wales or in Cities Corporations or Market-towns shall take no Apprentices nor teach any their Art save their own children or such whose parents have Inheritance or Freehold worth 3 l. per annum to be certified under the hands and seals of 3 Justices of Peace of the County where the lands lie in pain to forfeit 20 s. for every moneth and the Indenture shall within 3 moneths be registred in the Parish where the Master dwells the fee of which registring is 4 d. XXIX Every Cloth-worker Fuller Sheerman Weaver Taylor and Shoo-maker shall for every three Apprentices keep one Journey-man and for every Apprentice above three another Journey-man in pain of 10 l. XXX This Act shall not prejudice Worsted-makers nor Worsted-weavers in Norwich and Norfolk XXXI If any person fit to make an Apprentice refuse to serve upon demand one Justice of Peace Mayor or Head-officer unto whom complaint thereof shall be made have power to commit him to ward until he shall be willing to serve accordingly XXXII If there shall arise any difference betwixt the Master and the Apprentice one Justice of Peace in the Country or the Mayor or Head-officer in a Corporation or Market-town shall have power to reconcile it if they can if not then to bind over the Master to the next Quarter-sessions where the Justice of Peace or any four of them 1. Qu. or the Head-Officer with the consent of 3 of his Brethren shall upon default found in the Master in writing under their hands and seals have power to discharge the Apprentice of his service and if default be found in the Apprentice then to inflict such punishment upon him as in their discretions shall be thought fit XXXIII None shall be bound to enter into an Apprenticeship other then such as be under the age of 21 years XXXIV Justices of Peace in their several Divisions and Head-officers in Towns corporate shall meet twice every year viz. once betwixt Michaelmas and Christmas and another time betwixt the Lady-day and Midsummer to give order for the due execution of this Statute XXXV Justices of Peace and Head-officers shall have 5 s. for every day they sit about the execution of this Statute to be allowed them out of the fines which accrue upon the breach thereof so that their sitting be onely for matters contained in this Statute and not above three days at one time XXXVI The forfeitures aforesaid except those otherwise limitted shall be divided betwixt the Queen and the prosecutor And all Justices of Peace or any 2 of them 1. Qu. and every Head-officer shall have power to hear and determine the breach of this Statute upon Indictment or otherwise and to award process and execution accordingly and shall yearly in Michaelmas term by Estreat certifie into the Exchequer the fines which accrue upon this Statute in manner as they ought to do in other cases XXXVII This Act shall not restrain the Cities of London and Norwich from taking of Apprentices as in times past XXXVIII None shall take Apprentices otherwise then is limited by this Act in pain of 10 l. and all indentures otherwise made shall be void XXXIX An Apprentice shall be bound by his Indenture notwithstanding his non-age of 21 years XL. The Inhabitants of Godalming in Surry may take and use such Arts and Apprentices as Market-towns may do by vertue of this Act. XLI The fines accruing by this Act in Towns corporate shall be appointed by the Head-officer to be collected as other fines and amerciaments for the use of the same Towns XLII When an Apprentice departs from his Master's service into another County or Corporation it shall be lawful
for the Justice of Peace or Head-officers there being Justices of Peace to direct a Capias to the Sheriff or other chief Officer for his apprehension and being taken the said Justice of Peace or Head-officer shall commit him to ward until he give good security that he will honestly serve out his time XLIII Notwithstanding this Act High-Constables have power to keep their Statute-Sessions so that they there do nothing repugnant thereunto ☞ XLIV Stat. 1 Jac. 6. The Statute of 5 El. 4. shall give power to the Justices of Peace to rate the wages of any Labourers Weavers Spinsters and Work-men or Work-women whatsoever XLV The rating of such wages in Sessions by the more part of the Justices within any particular Riding or Division where general Sessions have been used severally to be kept shall be as effectual as those rated at the general Sessions of the whole County XLVI The Sheriffs and Head-officers within their several precincts shall cause the said rates to be proclaimed in such sort as if they had been sent down printed from the Lord Keeper which all persons shall be bound to observe upon the pains and penalties mentioned in the said Statute of 5 El. 4. XLVII A Clothier or other convicted before the Justices of Assize or Peace in Sessions or before 2 Justices of Peace 1 Qu. by his own confession or the evidence of 2 witnesses not to have observed the said rates by paying less then in the rates so appointed shall forfeit 10 s. to the party grieved to be levied upon warrant from the same Justices by distress and sale of the goods XLVIII None shall incur any danger for not making certificate of the Rates into the Chancery according to 5 El. 4. XLIX A Clothier being also a Justice of Peace shall not be a rater of wages for any Artificer that depend upon making of Cloth Lancaster I. Stat. 33 H. 6.2 An Indictment found in Lancashire against a foreigner dwelling in another County shall be void unless each Juror had Lands and Tenements there of the yearly value of 5 l. II. The like Law is of an Indictment found in another County and not in Lancashire against an Inhabitant of Lancashire where each Juror hath not Lands and Tenements worth 5 pounds per annum III. Stat. 37 H. 8.16 Lands annexed to the Dutchy of Lancaster and there exchanged by the King with others for the inlargement and conveniency of the said Dutchy See the Statute at large IV. Stat. 2. 3 P. M. 20. A farther enlargement of the said Dutchy See the Statute V. Stat. 16 and 17 Car. 2. cap. 9. An Act impowring the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty to be filed and made use of at hearings in the Court of Dutchy-Chamber 12 d. onely to be paid for taking the same Leases I. Stat. 32 H. 8.28 Leases made by Tenant in tail or by him who is seized in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their wives heirs and successors II. The Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of any old lease unless such old lease expired within a year after the making of the new nor to any grant to be made of any Reversion of Mannors Lands c. nor to any lease of such Mannor Lands c. which have not been let to farm or occupied by Farmers 20 years before such lease made nor to any lease to be made without impeachment of waste nor to any lease to be made for above 21 years or three lives from the day of the making thereof and that upon every such lease there be reserved so much yearly rent as hath been usually paid for the lands so let within 20 years next before such lease made and the Reversioners of the Mannors Lands c. so let after the death of such lessor or his heirs may have such remedy against such lessee his executor and assigns as such lessor might have had against such lessee III. Provided that all leases made by the husband of Mannors Lands c. being the inheritance of the wife shall be made by indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife the heirs of the wife and here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unless it be by fine levied by husband and wife IV. This Act shall not extend to give liberty to take more Farms or Leases then might have been taken before this Act Vide Stat. 25 H. 8.13 Sheep nor to any Parson or Vicar to make any lease otherwise then they might have done before V. All leases for years made within 3 years before the 12 of April in 31 H. 8. by writing indented under seal by any person or persons of full age sane memory not unlawfully coarcted nor covert Baron of any Mannors Lands c. wherein he or they have an estate of Inheritance to his or their own use at the time of the making thereof and whereof the lessee or lessees or their assignes have now the possession by force of such lease or leases and no cause of re-entry or forfeiture thereof had or made shall be good in law against such lessors their heirs and successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force then they were before the making of this Act. VI. No fine Feofment or other Act done by the husband onely of the inheritance of Free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to injoy it after her decease the fines levied by the husband and wife onely excepted VII This Act shall not give liberty to the wife or her heirs to avoid any Lease hereafter to be made of the wife's Inheritance by the husband and wife for 21 years or under or three lives whereupon the accustomable yearly rent for 20 years before is reserved according to the tenor of this Act. VIII This Act shall not extend to make good any Lease made by any Ecclesiastical person which are made void by authority of Parl. or by any such person or other now attainted of treason IX Stat. 1 Eliz. not printed All estates made by any Arch-bishop or Bishop of any Mannors Lands c. parcel of the Possessions of their Bishoprick or united or appertaining thereunto to any person or persons body politick or corporate other then to the Queen her heirs and successors and other then for the term of 21 years and 3 lives from the time of such estate made and
whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives shall be void to all intents and purposes X. Stat. 13 El. 10. All Leases Conveyances or estates made by any Master or Fellows of any Colledge Dean and Chapter or any Cathedral or Collegiate Church Master or Gardian of any Hospital Parson Vicar or any other having any spiritual or Ecclesiastical living or any houses lands titles or other hereditaments being parcel of their Colledge Cathedral Chapter Hospital Parsonage Vicarage or other spiritual promotion or belonging thereunto other then for 21 years or 3 lives from the making thereof and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during the term shall be utterly void to all intents and purposes XI This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or collegiate Church XII This Act shall not extend to any Lease hereafter to be made upon surrender of a former Lease or by reason of any covenant or condition contained in any former Lease and still continuing so as the Lease to be made contain not moe years then the residue of the years of such former Lease nor any less rent then is thereby reserved XIII Stat. 13 El. 20. No lease made of any Benefice or Ecclesiastical Promotion with Cure or any part thereof and not impropried shall indure any longer then while the lessor shall be ordinarily resident and serving the Cure of such Benefice without absence above 80 dayes in any one year but that every such Lease so soon as it or any part thereof shall come into any possession or use above forbidden or immediatly upon such absence shall cease and be void And the Incumbent so offending shall lose a years profit of his Benefice to be distributed by the Ordinary amongst the poor of the Parish XIV Provided that every Parson allowed to have two Benefices may demise one of them upon which he is not most ordinarily resident to his Curate onely but such Lease shall indure no longer then during such Curates residence without absence above 40 days in any one year XV. Stat. 14 El. 11. In the Statute of 13 El. 20. these words so soon as it or any part thereof shall come to any possession or use above forbidden or are repealed XVI All Bonds Contracts Promises and Covenants hereafter to be made for suffering or permitting any person to injoy any Benefice or Ecclesiastical Promotion with Cure or to take the fruits thereof other then such Bonds and Covenants made for assurance of any Lease heretofore made shall be adjudged of such validity and not otherwise then as Leases thereof made The like law is of Leases Bonds Promises or Covenants made by Curates XVII The Branch of the Statute of 13 El. 10. made to avoid certain Leases made by certain persons having Spiritual Livings shall not extend to houses scituate in Corporations or Market-towns or the suburbs thereof nor unto the Grounds appertaining to such houses so as they be not the dwelling houses of such persons nor have above 10 acres of ground belonging to them XVIII Provided that no Lease shall be made by force of this Act in reversion or without reserving the accustomed yearly rent at least or without charging the Lessee with reparations or for longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in fee-simple of as good value and as great yearly value as the houses so alienated XIX Stat. 18 El. 6. Upon Leases made by Colledges in the two Universities Winchester and Eaton the third part of the rent shall be reserved in Grain to be delivered to them yearly at days prefixed after the rate of 6 s. 8 d. for a quarter of Wheat and 5 s. for a quarter of Malt or under those prices or it shall be in the Election of the lessee to pay them in kind at the best rates found in those several Markets respectively the next Market-days before the said day prefixed for the payment or delivery thereof and all Leases otherwise made and all bonds and assurances given to the contrary shall be void which said grain or mony shall be expended for the relief of the Commons and diet of the said Colledges respectively without fraud in pain of deprivation of the Chief Rulers of such Colledges respectively and of all others consenting thereunto XX. This Act shall not extend to any Lease to be made by the President and Scholars of S. Johns Colledge in Oxford of the Mannor of Fifield to the Heir male of Sir Thomas White Knight late Alderman of London and founder of the said Colledge XXI Stat. 18 El. 11. All leases made by such persons as are mentioned in the Stat. of 13 El. 10. where another Lease is in being not to be expired surrendred or ended within three years next after the making of such new lease shall be void And all bonds and covenants for removing of any such lease contrary to this Act or to the said Statute of 13 El. 10. shall also be void Howbeit this Act shall not extend to any Lease or Leases heretofore made by any such person or persons XXII After complaint to the Ordinary and sentence given upon any offence committed by the Incumbent against the Stat. of 13 El. 20. whereby he ought to lose the profits of his Benefice the Ordinary within two moneths after such sentence given and request made by the Church-wardens or one of them shall grant the sequestration thereof to such Inhabitant or Inhabitants there as to him shall seem convenient and upon default in the Ordinary it shall be lawful to every Parishioner there to retain his tithes and for the Church-wardens to take the profits of the Glebe and other rents and duties of such Benefice to be imployed to the use of the poor until the sequestration shall be committed by the Ordinary and then the Church-wardens and Parishioners are to accompt to him or them to whom such sequestration shall be committed and he or they shall imploy the said Profits to such uses as by the said Statute of 13 El. 20. are appointed in pain to forfeit the double value of the profits withholden to be recovered in the Ecclesiastical Court by the poor of the Parish XXIII Stat. 43 El. 9. All judgments hereafter to be had for the intent to have or injoy any lease contrary to the Statutes of 13 El. 20. 14 El. 11. and 18 El. 11. or any of them shall be deemed void in such sort as Bonds and Covenants are appointed to be void which are made for that purpose XXIV Stat. 12 Car. 2. cap. 31. Leases and grants by Colledges and Hospitals and Elections of Heads Masters and Fellows made during the late troubles confirmed under some Exceptions and Provisos XXV Stat. 13 Car. 2. cap. 4. The King enabled to make Leases Grants and
Copies of Offices Lands Tenements and Hereditaments parcel of the Dutchy of Cornwall and a confirmation of such as be made not exceeding 31 years or 3 lives Leather and Hides I. Stat. 14 Car. 2. cap. 7. None shall transport beyond Seas any raw Leather or Hides tanned or untanned and for the regulating abuses in Leather and the Stat. 18 El. cap. 9. 8 El. cap. 14. 5 El. cap. 22. and 1 Jac. cap. 22. mentioned and the exportation of Hides declared a common nusance The Act not to extend to prohibit the transporting of Bootes and Shooes nor Hides and Leather to be necessarily used in any Ship See Title Cordwainers Curriers c. Lee-River I. Stat. 13 E. 18. For making the River of Lee Navigable from Ware to London See the Statute Leet I. Stat. 18 E. 2. The Articles of the charge in a Leet II. Stat. 1 Jac. 5. No Steward or Deputy Steward of any Leet or Court Baron shall make benefit to the value of 12 d. or more by colour of any Grant made of the profits or perquisites of any such Courts whereof he is Steward in pain to be disabled for ever after to be Steward of any Court and besides to forfeit 40 l. to be divided betwixt the King and the prosecutor Libel I. Stat. 2 H. 5.3 A Copy of a Libel grantable in the Ecclesiastical Court shall be presently delivered upon the defendants apparance Limitation I. Merton 25 H. 3.8 Seisin of ones Ancestor in writ of right shall be from the time of H. 2. In a Mortdancester writ of Neife and of Entry from the last return of King John out of Ireland and in an Assize of Novel disseisin from Henry the third's first Voyage into Gascoign II. West 1. 3 E. 1.38 Seisin of of ones Ancestor in a writ of right shall be from the time of R. 1. In an Assise of Novel disseisin and Nuper obiit from H. 3. his voyage into Gascoign and in a Mortdancester Cosenage Ayal and Neife from the Coronation of H. 3. III. Stat. 32 H. 8.2 Seisin in a writ of right shall be within 60 years before the Teste of the same writ IV. In a Mortdancester Cosinage Ayal writ of Entry sur disseisin or any other possessory Action upon the possession of his Ancestor or Predecessor it shall be within 50 years before the Teste of the original of any such writ V. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the original of the same writ VI. In an Avowry or Cognisance for rent suit or services of the seisin of his Ancestor predecessor or his own or of any other whose estate he pretends to have it shall be within 40 yeares before the making of such Avowry or Cognisance VII Formedons in reverter or remainder and scire facias upon fines shall be sued within 50 years after the title or cause of Action accrued and not after VIII The party demandant Plaintiff or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognisance prescription c. IX Provided that in any of the said actions avowries prescriptions c. the party grieved may have an attaint upon a false verdict given X. Stat. 1 M. 1. Parl. 2. Sess Cap. 5. The Statute of 32 H. 8.2 shall not extend to a writ of right of Advowson Quare impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate but the time of the seisin to be alledged in such cases shall be as it was at the Common law before the making of the said Statute XI Stat. 21 Jac. 2. The King his heirs or successors shall recover no concealed Mannors Lands Tenements Rents Tithes or Hereditaments other then Liberties and Franchises and the issues and profits which concern the same nor make any Right Claim or Demand of in or to the same by reason of any right or title accrued 60 years and more and now in esse unless the King or some of his Predecessors or some other under whom he claims have been answered by force of such right or title the Rents issues and profits thereof within 60 years next before the begining of this Parliament Or that the same have been duly in charge to the King or Queen Elizabeth or have stood in super of record within the said time XII This Act shall not extend to impeach the King 's right or title to any reversion or remainder nor to alter the tenures or services of Lands And here also the right of all others save of the King is saved XIII Neither shall this Act extend to annul the custome of two pence paid for every Chaldron of Sea-Coals at Newcastle upon Tine XIV Provided that no putting in charge standing in super or answering the rents or profits of any Lands or Hereditaments by force or colour of any Letters Pattents Grants of Concealments or defective Titles or of Lands Tenements or Hereditaments out of charge or by force or colour of any inquisions presentments upon any Commission or other authority to find out Concealments Defective Titles or Lands Tenements or Hereditaments out of charge shall be deemed or taken to be a putting in charge standing in super or answering the rents or profits to the King or his predecessors unless thereupon such Lands Tenements or Hereditaments have been upon any informatian or suit on the behalf of the King or his Predecessors upon any lawful verdict given or demurrer in Law adjudged and upon a hearing ordered or decreed to the King or his predecessors within the said time of 60 years XV. This Act shall not extend to lands for which composition is or shall be made before the end of this Parliament XVI Stat. 21 Jac. 16. All Writs of Formedon in Descender Remainder or Revertor for any title or cause now in esse shall be sued within 20 years next after this present Session of Parliament and for any title or cause hereafter accruing within 20 years after such title or cause so accruing Otherwise such title shall be for ever after barred and the party claiming utterly excluded from entry XVII None now having any right or title of entry into any Mannors Lands Tenements or Hereditaments now held from him or them shall thereinto enter but within 20 years next after the end of this Sessions of Parliament or within 20 years next after any other title accrued And none shall at any time hereafter make any entry into any Lands Tenements or Hereditaments but within 20 years next after his or their right or title which shall hereafter first descend or accrue to the same XVIII The Titles of any Infant Feme covert non compos mentis one imprisoned or beyond sea are saved so as they commence their suit
whereunto title is made is lawful X. Proclamations shall be made at the Assizes of the Statutes made against Maintenance Champerty Embracery and unlawful retainers XI The offenders against this Act shall be prosecuted within one year ☞ Malt. I. Stat. 17 R. 2.4 Malt made in the Counties of Huntingdon Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well cleansed from dust and other filth and Mayors Bailiffs and Wardens of Towns and places where it is sold have power to make search and to see such defaults redressed * II. Stat. 2 E. 6.10 None shall imploy less time in the making and drying of Malt except in the moneths of June July and August then three weeks and in those moneths less then 17 days nor put to sale any Malt mingled of good and bad in pain to forfeit for every quarter so put to sale 2 s. to be divided betwixt the King and the prosecutor III. None shall put any Malt to sale before by treading rubbing and fanning it he shall have conveniently taken out of every quarter half a peck of dust or more in pain to forfeit 20 d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards in Leets have power to hear and determine these offences as well by presentment of twelve men as by information of two witnesses V. Bailiffs and Constables of Towns and places where faulty Malt is made or mingled as aforesaid have power to make search for it and being found with the advice of a Justice of Peace to make sale thereof at their discretions VI. None shall be punished by this Act who onely maketh Malt for his own provision nor unless the Action be prosecuted within one year ☞ VII Stat. 39 El. 16. Justices of Peace in Sessions have power at their discretions to restrain the superfluous number of Malsters and also of the buyers of Barley to be converted into Malt. VIII If any person shall be convicted by the testimony of two Witnesses or his own confession to have disobeyed the restraint aforesaid they shall suffer three days imprisonment without bail and shall there remain untill they shall before some Justice of Peace become bound by recognizance in 40 l. to obey the said restraint IX Justices of Peace in the County shall not execute this Law within Corporations but onely the Justices and chief Officers of the same Corporations X. Such as have Barly of their own growing tith-corn or rent-corn may convert it into Malt notwithstanding this Statute XI Malsters shall not meddle with the execution of this Act. XII Stat. 3 Jac. 11. When Malt is at 16 s. the quarter Beer may be transported to the King's Allies in Cask And the impost shall be 8 s. and the Custom 18 d. for a subject but for a Stranger 10 s. and 22 d. half peny XIII This Act shall not infringe the Statute of 35 El. 11.1 Jac. 25. or any other Statute made for the bringing in of Clapboard Cask or Scaffold board Manufactures * I. Stat. 14 Car. 2. cap. 13. An Act prohibiting importation of forein Bone-lace Cutting Imbroidery Fringe Bandstrings Buttons and Needle-work II. Justices of the Peace may cause search to be made for any of the said Wares imported contrary to this Act. See the Act at large III. Stat. 15 Car. 2. cap. 15 Stat. 3. Any person Native or Alien may freely set up or use the trade of breaking or dressing of Hemp Flax making of Threed Twine or Nets for Fishery or of Storing of Cordage and the trade of making any fort of Tapistery IV. All foreiners bonâ fide using the said trades in England Wales or Barwick by 3 years and taking the oathes of Allegiance and Spuremacy before 2 Justices of the Peace next dwelling who are impowred hereby to administer the same shall enjoy all previledges as natural born subjects V. All foreigners which shall exercise any the said trades by vertue of this Act shall not pay any other taxes or impositions then as natural born subjects unless they use Merchandise into foreign parts in which case they shall pay such customs as Aliens for 5 years next ensuing and no longer Merchants Merchandise I. Magna Charta 30. 9 H. 3. Merchant-strangers shall have safe conduct of coming into going out of and remaining in England to buy and sell without being exacted upon by excessive tolls except in time of war if they be of our enemies Countrey And albeit they be so yet so long as our Merchants be used well there they shall have the like usage here II. Stat. 9 E. 3.1 Merchant-strangers may freely buy and sell within the Realm without disturbance except they be alien enemies III. If any disturbance or abuse be offered them or any other Merchant in a Corporation and the Head-Officer there do not upon request provide remedy the Franchise shall be seised into the King's hand and the disturber being thereof attainted shall answer double damages to the party grieved suffer one years imprisonment and be ransomed at the King's will IV. If the disturbance be out of a Franchise and the Lord there or his Bailiff Constable or other Chief Ruler do not upon request provide remedy he shall being attainted thereof render double damages to the party grieved and the disturber being also thereof attainted shall also suffer one whole years imprisonment and be ransomed at the King's will V. Howbeit Merchants-aliens shall carry no wines out of this Realm VI. This Law shall be strictly observed throughout the Realm notwithstanding any Charter Franchise or Custom to the contrary saving to the King his due Customs VII The Chancellor Treasurer Justices assigned by commission to hold pleas and others by special commission from the King shall have power to hear and determine these misdemeanors VIII Stat. 14 E. 3. Stat. 2.2 All Merchants except enemies may safely come into England with their goods and Merchandize tarry and return paying the customs and subsidies IX Franchises and free customs reasonably granted to Cities Towns and Burroughs are saved X. Stat. 25 E. 3. Stat. 4.2 The Statute of 9 E. 3.1 is confirmed and all Statutes Charters Letters Pattents Proclamations Commandements Usages Allowances and Judgments to the contrary are repealed and made void XI All Merchants may freely sell their commodities without challenge or impeachment of any Officer or other notwithstanding any franchise grant or custom to the contrary XII The King may assign Justices to inquire of such as offend this Law and to inflict punishment upon them according to the said Statute of 9 E. 3. XIII Any that will sue against any such offender may have a writ out of the Chancery for that purpose XIV Stat. Stapul 27 E. 3. Stat. 2.2 A safe conduct is granted to Merchant-Strangers except alien enemies to come and dwell in this Realm and to return when they please as also to sell their
commodities without having them taken from them against their will upon any colour whatsoever XV. If any Officer or other offend against this Law he shall be arrested by the Head-Officer of the place if it be out of the Staple and if within the Staple then by the Major and Ministers of the Staple and shall be speedily proceeded against according to the Staple Law and not at the Common Law and being attainted thereof shall answer double damages to the party grieved and as much to the King XVI All Commissions made or to be made to take such prices of Merchants shall be void XVII Stat. 27 E. 3. Stat 2.3 All Merchants may buy Merchandise of the Staple so as they bring them to the Staple XVIII It shall be felony for an English Welsh or Irish man to transport Wool Leather Woolfels or Lead XIX No English VVelsh or Irish man shall transport Wool Leather Woolfels or Lead in a strangers name or keep a servant beyond Sea to survey the sale thereof or to receive mony there for the same XX. There shall be no Exchange of wares for Merchandize of the Staple but payment in gold silver or English VVelsh or Irish merchandize neither shall any Merchants make any confederacy in fraud or deceit of this Ordinance and all this upon the pains aforesaid XXI Every man may carry his own Wooll Leather Woolfels and Lead to the Staple to sell them there howbeit he shall then warrant the packing of his wools XXII Stat. 27 E. 3. Stat. 2.11 All Merchants may freely sell their merchandize at the Staple by gross or by retail without challenge or impeachment but it shall be felony to forestal buy or give earnest for any merchandize before they come to the Staple or Port or to enter the Ship for that purpose XXIII Stat. 27 E. 3. Stat. 2.13 If a Merchant lose his goods at Sea by Piracy or Tempest not being wreck and they afterwards come to land if he can make proof that they are his goods they shall be restored to him in places guildable by the King's Officers and 6 men of the Country and in other places by the Lords there or their Officers and 6 men of the Country XXIV Stat. 27 E. 3. Stat. 2.17 No Merchant shall be impleaded for another's trespass and debt whereof he is not debtor pledg nor main pernor Howbeit if any of this Realm indammaged by forein Lords or their subjects have not right done them Letters of Mart shall be granted to repair them XXV If any difference arise betwixt the King and any other forein Lord who hath Merchants here his subjects those Merchants shall have by Proclamation fourty dayes given them to depart and if for some just cause they cannot go so soon they shall have longer time given them until they may conveniently depart and shall in the mean time sell their Merchandize if they can XXVI Stat. 27 E. 3. Stat. 2.26 Merchant-Strangers upon letters of credence or their oath shall be believed concerning the content of their merchandize and shall pay 3 d. per libr. according to the content so testified and their goods shall be thereupon immediately delivered unto them without unsealing or opening them according to the Charter granted them by E. 1. and confirmed by this King and all this in pain that the Officer herein offending shall suffer imprisonment pay quadruple dammages to the party grieved and as much to the King And here the remedy shall be in Chancery XXVII Stat. 38 E. 1.2 Any Merchant may use more merchandize then one notwithstanding the Statute of 37 E. 3.5 and may buy sell and transport all kind of Merchandize paying the customs and subsidies due for the same wool and woolfels only excepted XXVIII Stat. 2 R. 2.1 Merchant strangers not enemies may buy and sell all things vendible within the Realm in gross or by retail except wines and great wares as cloth of gold and silver silk sandal napery cloth canvas and the like which are to be sold in gross or by whole pieces in pain of forfeiture thereof XXIX Here the priviledges of Prelates and Lords for purveyances and the things provided for by the Statute of the Staple of Calais are saved XXX Merchants may buy and sell in Fairs and Markets in gross or by retail notwithstanding this Statute XXXI Disturbers of Merchants against this Act being thereof attainted shall render double dammages suffer a years imprisonment and to be ransomed at the King's will XXXII If right be not done to the party grieved in a Frainchise it shall be seised into the King's hands if out of a Franchise the Lord or his Officer shall render to the party grieved double dammages XXXIII The Chancellor Treasurer Justices assigned to hold pleas and Justices assigned by special Commission shall hear and determine these offences XXXIV Stat. 5 R. 2. Stat. 2.1 Merchant strangers may come into this Realm continue here and depart at their pleasure without disturbance or impeachment of any and shall be friendly entertained and intreated of all XXXV Stat. 11 R. 2.7 The Statutes of 9 E. 3.1 and 25 E. 3. Stat. 4.2 are confirmed notwithstanding any Charter Proclamation Custom c. to the contrary XXXVI Stat. 14 R. 1.9 Merchants strangers shall be courteously intreated to the end they may be thereby the rather incouraged to come into this XXXVII Stat. 16 R. 2.1 No Merchant-stranger shall buy or sell within the Realm with another Merchant stranger to sell again nor shall sell any Merchandize by retail but victuals only wine he shall sell by whole vessels XXXVIII The Statutes of 9 E. 3.1 25 E. 3. Stat. 4.2 11 R. 2.7 are confirmed XXXIX Stat. 20 R. 2.4 The Statute of 28 E. 31. which see in Staple is confirmed notwithstanding any Ordinance or usage to the contrary XL. Stat. 4 H. 4.15 Merchants shall not export the money which they receive for Merchandize imported but shall bestow it upon merchandize of this Realm their reasonable costs excepted XLI Stat. 5 H. 4.7 Merchant-Strangers shall be used in this Realm as merchants Denizons be in other Countrys in pain that such Merchant-Strangers shall forfeit their goods and suffer imprisonment XLII Stat. 5 H. 4.9 Merchant-strangers shall give security to the King's Customers and Controllers to employ their money upon the Commodities of this Realm their reasonable costs excepted XLIII The Statute of 4 H. 15. is confirmed XLIV Merchant-strangers shall sell their Commodities within a quarter of a year next after their arrival and imploy the money received by exchange upon Commodities of this Realm in pain to forfeit the same money XLV No Merchant-stranger shall sell any Merchandize to another Merchant stranger in pain to forfeit the same XLVI The head-officer or officers of the Port where a Merchant-stranger shall arrive shall assign him an Host with whom he shall reside and the Host shall take for his pains as hath been accustomed XLVII Stat. 6 H. 4.4 The clause of the Statute of
the said Statute of 37 H. 8.4 other then such as by the Kings Commission shall be altered and all Mannors Lands Pensions Hereditaments and things belonging to them and all Mannors Lands c. given or limited for the finding of a Priest to have continuance for ever and wherewith a Priest hath been maintained within the said five years which were not in the actual possession of H. 8. or E. 6. and all rents profits and emoluments within the said five years imployed towards or for the maintenance of a stipendiary Priest intended by any Act or Writing to have continuance for ever shall be adjudged and be in the actual and real possession of the King his heirs and successors without any office or other inquisition in as large manner as such Priests or other Governors or Incumbents thereof at any time within the said five years injoyed the same L. All Mannors Lands c. appointed for the maintenance of such Priests to have continuance for a term of years not yet expired are also given to the King during such term only and no longer and then it shall be lawful for the Reversioner to enter without livery Ouster le main petition or other suit to be made to the King for the same LI. The King shall also have all Lands Tenements rents and other Hereditaments given for the maintenance of an Anniversary or Obit or other like intent or of any light or lamp in any Church or Chappel to have continuance for ever which hath been so maintained within five years above limited LII Where an Anniversary Obit Light Lamp or the like is kept or maintained out of part of the issues of any lands c. the King shall have so much yearly rent issuing out of the same lands as such charge did amount unto in any one year within the said 5. years to be paid yearly by even portions at Michaclmas and Lady day into the Court of Augmentations or such other Court as the King shall appoint and upon non-payment thereof it shall be lawful for the King his heirs and successors to distrain for the same And if there be no distress to be had and the rent be unpaid by the space of a month after it should be paid in such case the King shall seize part of the Lands of like value to answer the rent to have and hold them to him his heirs and assigns or for so long time as he so was to have the issues out of the said Lands LIII The King his heirs and successors shall have all sums of money profits commodities and emoluments appointed to have continuance for ever which in any one year within the said years have been imployed by any Corporation Guild Fraternity Company or Fellowship of any Mystery or Craft or by any Governour or Governours towards the maintenance of any Priest Anniversary Obit Lamp Light or the like to be paid yearly as a rent charge at Michaclmas and Lady day by even portions in the said Court of Augmentations or in any other Court that the King shall appoint LIV. The King hath power to distrain the said Corporations Guilds c. for the said money which shall be in the actual possession of the King without any inquisition or office LV. The King shall have to him his heirs and successors all Fraternities Brotherhoods and Guilds and all their Lands c. other then those above mentioned and they shall be also in the actual possession of the King without any inquisition or office LVI The King may direct Commissions to such persons as he shall think fit which Commissioners or any two of them shall have power to survey all Lay-Corporations Guilds Fraternities Companies and Fellowships of Mysteries or Crafts incorporate and all other Fraternities Brotherhoods and Guilds within the limits of their Commission and also all Evidences Compositions Books of Accompts and other writings thereby the better to discover what money or other things was paid for the finding of a Priest Anniversary c. And likewise to inquire what Mannors Lands Tenements Rents and other hereditaments are given to the King by force of this Act. LVII The Commissioners or any two of them have power where Guilds Fraternities or Chantery Priests having been in esse from Michaelmas last to the first day of this Parliament ought by their foundation to have kept a Grammar-School or Preacher to assign Lands to continue in succession to a School-master or Preacher for ever towards the keeping of a School and preaching and for such other good purposes as to them shall seem meet And likewise to make a Vicar to have perpetuity for ever in every Parish being the first day of this Parliament a Colledge Free chappel or Chantery or united unto any of them And also to indow such Vicar sufficiently without any licence or grant from the King Bishop or other Officers of the Diocess LVIII These also have power in great Towns where more Priests are necessary to assign such Lands for the maintenance of one or more Priests there as they shall think fit And also to give Rules for the service use and Demeaner of such Priests and Schoolmasters as aforesaid and to set down by what name or names they shall from thenceforth be called LIX The Commissioners shall also assign such yearly pensions to every Governour Fellow and servant of every such Colledge Free-Chappel or Chantery to continue during their several lives as to them shall seem fit LX. The Commissioners shall inquire what money or other profit any poor person injoyed within 5 years before this Parliament and to give order for the payment thereof and to assign Lands for that purpose that it may have continuance for ever And also to appoint lands to Fraternities Brotherhoods and Guilds for the Maintenance of Peirs Jutties Walls and Banks LXI The Receivers of the respective Counties where such Pensions are allowed by the Commissioners shall readily pay them without fee and shall be allowed his upon their accompt LXII The Commissioners shall make oath thâ—t they shall beneficially execute their Commissions towards the Deans Masters Wardens Provosts and other Incumbents aforesaid as also towards the poor and the maintenance of Peirs Jutties c. And all orders by them or any two of them certified into the Court for Augmentations or other Court to be assigned by the King shall be as effectual as if they had been ordained by Parliament LXIII Howbeit they shall not allow more to any Dean Master c. then they injoyed before and when he is promoted to better means it shall cease LXIV The Commissioners or two of them at least shall within one year after the Commission to them directed make certificate of such assignments as they have made in pain of 100 pounds LXV The King shall have all the goods of every Colledge Chantery Free-Chappel Chantery or Stipendary Priest belonging to the furniture or services of their several Foundations and superstitiously abused Howbeit their debts
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-â—elivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrahâ—m Baker for making of Smalt nor to that of Edward Lord Dudlâ—y for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H iâ—s of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester ☞ Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
granted to end the quarrel and that as well in the Exchequer as elsewhere XIII Stat. 14 H. 6.1 Justices of Nisi prius have power to give their Judgments in cases of Felony and Treason as well upon acquital as attainder and thereupon also to award execution XIV Stat. 18 El. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery and the chief Justice of the Common Pleas and chief Baron of the Exchequer upon issues joyned in their several Courts or in their absence two other Justices or Barons are made Justices of Nisi prius for the County of Middlesex and may sit in Westminster-Hall or in the Exchequer within the term or four days after for the trial of issues joyned in the said Courts respectively and triable in Middlesex aforesaid to prevent interruption of proceeding in the said several Courts during the term and for the better ease of the Free-holden of Middlesex Upon which trials Tales shall be granted and all other proceedings shall pass as upon Writs of Nisi prius triable elsewhere in the Country Non-plevin I. Stat. 9 E. 3.2 None shall lose their Land by reason of Non plevin Non-suit I. Stat. 2 H. 4.7 Where before Justices of Assise the parties are adjourned for some difficulty in law upon the matter found in this case the Plaintiff shall not be non-suited albeit the verdict passe against him Non-tenure I. Stat. 25 E. 3. Stat. 5.16 By the exception of Non-tenure of parcel no Writ shall abate but only for the quantity of the Non-tenure which is alledged Northumberland I. Stat. 23 H. 6.7 The Sheriff of Northumberland shall gather no more Head-pence there in pain of 100 l. to be divided betwixt the King and the prosecutor Norwich * I. Stat. 33 H. 8.16 None shall buy within Norwich or the County of Norfolk any Worsted yarn spun in the said City or County but such as shall work it or cause it to be wrought in Norwich or elsewhere within the said County in pain to forfeit for every pound thereof otherwise imployed 40 s. to be divided betwixt the King and the prosecutor II. None shall convey beyond Sea any Worsted-yarn spun in England in pain to forfeit 40 s. for every pound to be divided as aforesaid III. Stat. 1 E. 6.6 The Statute of 33 H. 8.16 is made perpetual IV. Hat-makers dwelling in Norwich may buy Worsted-yarn called Middl usse yarn as they have used to do notwithstanding the Statute of 33 H. 8.16 so as they imploy it in Hat-making within the said City V. Stat. 56 E. 6.24 None shall make Mats Coverlets or Dornecks by himself or others or use any of those mysteries in Norwich or Norfolk unless he be admitted so to do by the Major Recorder Steward and two Justices of Peace of that City or by four of them or have been apprentice to the said Mystery by the space of seven years VI. None shall make any Hats Dornecks or Coverlets in Norfolk but only in some Corporate or Market-Town there in pain to forfeit for every six Felts 10 s. for every Coverlet 3 s. 4 d. and for every six yards of Dornecks 6 s. 8 d. VII This Act shall not extend to the Inhabitants of Pulham in Norfolk VIII The Major Recorder Steward or Justice of Peace that takes a reward for admitting any to work shall forfeit 5 l. to be divided betwixt the King and the prosecutor IX Stat. 1 2. P. M. 14. An Act for the making of Russets Sattens Sattens reverses and Fustians of Naples at Norwich and not elsewhere by which Act there is a Corporation made for that purpose and divers Articles concerning the same See the Act at large X. Stat. 39 El. 22. An establishment of the Bishoprick of Norwich and the possession thereof against a pretended concealed title made thereunto See the Statute at large ☞ Nusance I. West 2.24 13 E. 1. A Writ of Nusance shall be grantable as well against the Alienee as against the party that levied it and when it is against the party himself the Writ shall be Questus est nobis A. quod D. injuste c. Levavit domum murum mercatum alia quae sunt ad nocumentum c. But when against the Alien the Writ shall be Questus est nobis A. quod B. C. Levavâ—runt c. II. Stat. 6 R. 2.3 All Writs of Nusance called Vicomtiels shall be made at the election of the Plaintiff according to the old form or in the nature of Assizes determinable before the Justices of the one Bench or other or the Justices of assize to be taken in the County of the place assigned Oath I. SEe Magna Charta printed by Richard Tottle Anno Domini 1556. fol. 164. and 166. the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Majors and Bailiffs See the Oath Ex Officio Courts and Jurisdictions Ecclesiastical Numb IV. And see Title Quakers Numb I. Obligations I. Stat. 38 E. 3.4 Whereas divers people be bound in another Court out of the Realm by Instruments or otherwise it is accorded that all penal bonds in the third person be void and holden for none Odio Atia I. West 1.11 3 E. 1. Forasmuch as many being indicted of Murder and guilty thereof by favourable inquests taken by the Sheriff and by the Kings Writ of Odio Atia are replevied until the comming of the Justices in Eyre It is provided that from henceforth such Inquests shall be taken by lawful men chosen out by the oath of twelve men of whom two at the least shall be Knights who by no affinity with the Prisoners or otherwise are to be suspected ☞ Officers and Office I. Stat. 12 R. 2. The Chancellor Treasurer Keeper of the Privy Seal Steward of the Kings house the Kings Chamberlain the Clerk of the Rolls Justices of the Benches Barons of the Exchequer and all others called to name and ordain Justices of Peace Sheriffs Escheators Customers Controllers or any other Officer or Minister of the King shall be firmly sworn that they shall not name or ordain any Officers or Ministers for any gift or brocage favour or affection And none which pursueth by him or by other privily or openly to be in any such office shall be put in the same or any other but that they make all such Officers and Ministers of the best and most lawful and sufficient men in their judgments and knowledg II. Stat. 14 R. 2.10 No Customer Controller Searcher Weigher or Finder shall have any such Office for term of life but only during the Kings pleasure notwithstanding any Patent or grant to the contrary III. Stat. 17 R. 2.5 No Searcher Gauger Aulnager Finder or Weigher of Wools or other Merchandize Collector of Customs and Subsidies or Controller shall have their several Offices for â—â—erm of life or years But such Offices shall remain in the Kings 〈◊〉 and under the governance of the Treasurer with the assent of the
Council if need be and all Charters and Patents otherwise made shall be void IV. Stat. 1 H. 4.13 The Statute of 17 R. 2.5 shall be duly put in execution and all Customers and Controllers shall be resident upon their Offices in their proper persons without making any deputies in their places V. Stat. 4 H. 4.20 The Statute of 1 H. 4.13 shall be duly put in execution and the said Officers shall be sworn so to do in pain of imprisonment and to forfeit 100 l. VI. Stat. 13 H. 4.5 The Statute of 1 H. 4.13 shall be duly put in execution And all Customers Controllers Gaugers of Wines and searchers shall be resident upon their office especially at the time of charge and discharge of Ships and Vessels so that no such Officer after the time aforesaid be absent from his said Office by three weeks at the most in pain to lose his Office unless he be commanded upon record to be in the Kings Courts or otherwise in the Kings service of Record VII Stat. 2 H. 6.10 All Officers made by the Kings Letters Patents within his Courts which have authority ab antiquo to appoint Clerks and Ministers within the same Courts shall be sworn to appoint such there for whom they will answer at their peril and such as be sufficient and will be faithful and diligent in their places VIII Stat. 31 H. 6.5 All Letters Patents of the said Offices or Aulnage made against the effect of the Statutes of the 17 R. 2.5 or 4 H. 4.24 which see in Drapery shall be void And no Letters Patents of any of them shall be hereafter made but by warrant of bill sealed by the Treasurer and sent by him into the Chancery as hath been heretofore used and if any be otherwise made they shall be void IX This Act shall not extend to be prejudicial to the Queen the Prince the Duke of Buckingham the heirs of Henry late Earl of Warwick the Cities of London or Winchester to any Controller for any Office out of the Kings Ports to John Panicock or Giles Seyntlo Esquires or to any of the King or Queens houshold servants for any of their Offices or the fees thereof due and accustomed * X. Stat. 5 E. 6.16 None shall bargain or sell any Office or Deputation or any part thereof or receive or take any money fee reward or other profit directly or indirectly or any promise agreement bond or assurance to receive any such profit for the same which office shall concern the administration or execution of Iustice or the receipt controlment or payment of any of the Kings Money or Revenue or any Accompt Aulnage Auditorship or surveying of any of the Kings Lands or any of his Customs or any administration or attendance in any Custom-house or the keeping of any of the Kings Towns Castles or Fortresses being places of strength or defence or any Clerkship in any Court of Record in pain that the Bargainee thereof shall lose his place and the Bargainor be adjudged disabled to execute the same and every such bargain and agreement shall be void XI Provided that this Act shall not extend to any office or inheritance or for the keeping of a Park House Mannor Garden Chase or Forest nor to the two Chief Iustices or Iustices of Assize but that they may grant offices as they did before the making of this Act Also all Acts done by an officer removeable by force of this Statute shall be good in Law until he be removed XII Stat. 14 Car. 2. cap. 8. Officers and Offices assessed for raising Money to be distributed amongst loyal and indigent Officers of the late Kings Army XIII Provided this Act not to be drawn into president to tax any sort of persons distinct from the body of the people Oyer and Terminer I. West 2.29 13. E. 1. A Writ of Trespass ad audiendum terminandum shall not be granted but before the Iustices of either Bench or Iustices in Eyre unless it be for some heynous Trespass which requires speedy remedy II. A Writ to hear and determine Appeals before Justices assigned shall not be granted but upon a special case a certain cause and the Kings command And lest the party should be kept too long in prison they may have the Writ De Odio Alia provided by Magna Charta cap. 26. and other Statutes III. Statutum quod vocatur Ragman de Iusticiaris assignatis 33 E. 1. By this Act it was ordained that Justices should go through England to hear and determine trespasses and other complaints of things done within 25 years before and divers matters be in that Statute concerning those things See the Statute in Vet. Mag. Cart. fol. 28. and Sir Edw. Cook in the fourth part of his Instit cap. 34. IV. Stat. 2 E. 3.2 Pars înde Commissioners of Oyer and Terminer shall not be granted but before the Justices of the one Bench or the other or the Justices Errants and that for great hurt and horrible Trespasses and of the Kings special Grace according to the Statute of Westm 2.29 Oyle I. Stat. 3 H. 8.14 The Major of London together with the Master and Wardens of the Mystery of Tallow-Chandlers there shall have power to search all Oyls brought to London to be sold and to oversee that the same be not mixed or altered from their right kinds and what they shall find deceitfully mixed shall cast away and punish the Offendor by imprisonment or otherwise at their discretions according to the Laws and Customs of the said City II. Head-Officers in other Corporations shall have the like power within their Jurisdictions ☞ Ordinaries I. West 2.19 13 E. 1. Where an intestate dies in debt and the goods come to the Ordinary to be disposed in this case the Ordinary shall satisfie the debts so far as the goods extend in such sort as the Executors of such persons should have done in case he had made a Testament II. Stat. 18 E. 3.6 3. Temporal Justices shall not make inquiries of process awarded by the Spiritual Judges saving onely the Article in Eyre such as ought to be III. Stat. 25 E. 3 Stat. 3.9 The Justices shall not impeach Ordinaries or their Ministers upon Indictments of general Extortions or Oppressions unless they put in certain in what thing of what and in what manner the Ordinaries or their Ministers have committed extortion or oppression ☞ Painters * I. Stat. 1 Jac. 20. NO Plaisterer shall use to exercise the Art of a Painter in London or the Suburbs thereof or lay any manner of Colour or Painting whatsoever in the Art of Painting heretofore used unless he be a Servant or Apprentice to a Painter or have served seven years as an Apprentice in that Art in pain for every time so offending to forfeit 5 l. to be divided betwixt the King and the Prosecutor II. Provided that Plaisterers may use Whiting Blacking Red-Lead Red-Okar and Russet mingled with Size only and not with Oyl notwithstanding this
they be that choose them Also Citizens and Burgesses shall be resiant in and free of the Cities and Boroughs for which they are chosen XI Stat. 6 H. 6.1 Knights of the Shires and Sheriffs against whom any Inquest of Office for undue Elections are found before the Justices of Assize shall have their answer and traverse thereunto and shall not be damnified thereby until they be duly convict thereof according to Law XII Stat. 8 R. 6.1 The Clergy called to the Convocation by the Kings Writ together with their Servants and Familiars shall fully use and enjoy such liberty or defence in coming tarrying and returning as the great men and Communalty of the Realm called to Parliament do or ought to enjoy XIII Stat. 8. H. 6.7 The election of Knights of the Shire shall be made by the more voices of people dwelling in the Counties having each of them Land or Tenements of the yearly value of 40 s. besides Reprises also the Knights so chosen shall be resiant within the same Counties XIV The Sheriff hath power to examine upon Oath the choosers how much they may expend by the year XV. If the Sheriff be found by Inquest and also attainted before Justices of Assize to have done contrary to this Act he shall forfeit 100 l. to the King and suffer a years imprisonment without Bail and in that case the Knights so returned shall lose their wages XVI He that cannot expend 40 s. per annum shall have no voice in the election of Knights for the Parliament and hereafter in every Writ issued out for that purpose mention shall be made of this Ordinance XVII Stat. 10 H. 6.2 A chooser of the Knights of Parliament must be resident and have free-hold worth 40 s. per annum besides Reprises within the same County XVIII Stat. 23 H. 6.11 The Sheriff in the next County Court after he shall have received the Writ for assessing the wages of the Knights of Parliament shall make Proclamation that the Coroners chief Constables Bailiffs and all others that will appear at the next County Court to assess the same wages at which last County the Sheriff and the other Officers shall be present in proper person in pain that every one that makes default shall forfeit 40 s. and then the Sheriff shall in full County assess every Hundred by it self and every Town in each Hundred by it self so as the sum assessed upon all the Hundreds exceeds not the entire charge of the County nor that assessed upon all the Towns in each Hundred exceeds not the sum charged upon the Hundred in which they be XIX The Sheriff or other Officer which levies more then is so assessed shall forfeit 20 l. to the King and 10 l. to the Prosecutor for the recovery of which 10 l. the said prosecutor shall have a Scire faciaâ— and if the Defendant make default or appear and is afterward convict he shall recover the said 10 l. to his own use over and above the said 20 l. and besides treble damages for his costs of suit XX. The Sheriff shall levy the said Assesments as speedily as may be after they are so assessed and shall deliver them to the Knights XXI Justices of both Benches Justices of Assize Goal-delivery and Peace have power to hear and determine these abuses as well at the suit of the King as of the party XXII This Assessment shall not be levied but only in places where it hath been formerly levied and hereafter in every Writ for the levying of such wages this Act shall be inserted XXIII Stat. 23 H. 6.15 The Statutes of 1 H. 5.1 and 8 H. 6.7 shall be kept in all points XXIV The Sheriff after the receipt of the Writ shall deliver a precept under his Seal to every Mayor and Bailiff or Bailiffs or Bailiff where no Mayor is of the Cities and Burroughs within his County reciting the Writ and commanding them if it be a City to choose by Citizens of the same City Citizens and if a Burrough Burgesses to come to the Parliament And such head-Officers shall lawfully return such precept to the same Sheriff by Indenture betwixt them of such Elections and of the names of the Citizens and Burgesses so chosen and thereupon the Sheriff shall make a good return of every such Writ and also of every such return made by the said Head-Officers XXV If the Sheriff aforesaid do contrary to this Act or any other formerly made for the election of Knights Citizens and Burgesses the Sheriff shall incur the pain contained in the said Stat. of 8. H. 6.7 and besides shall forfeit to the person so chosen and not duly returned 100 l. more to be recovered by action of debt by the said person so chosen against the said Sheriff his Executors and Administrators or in his default by any other prosecutor in which Action no Essoin c. shall be allowed And if such Head-Officers shall make a false return they shall forfeit 40 l. to the King and 40 l. more to the person so chosen and not returned to be recovered by such person or other prosecutor in manner aforesaid XXVI The Sheriff that maketh not due election of Knights betwixt the hours of 8 and 11 in the forenoon and a good true return in manner aforesaid shall incur the pain of 100 l. to the King and as much to any that will sue for the same XXVII The party grieved shall commence his Action within three moneths after the beginning of the Parliament and in his default the prosecutor may then take it XXVIII If any Knight Citizens or Burgess returned by the Sheriff be put out and another put in his place the person so put in if he take the place upon him shall forfeit 100 l. to the King and as much to the person so put out who shall have an Action of debt for the same if he commence his Suit within three months after the beginning of the Parliament XXIX The Knights of the Shires shall be notable knights of the same County for which they are choser or else notable Esquires or Gentlemen born in the same Counties and such as are able to be knights but none shall be such a knight which standeth in the degree of a Yeoman or under XXX Stat. 6 H. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-ports shall depart from the Parliament without the licence of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book in pain to lose their wages XXXI Stat. 33 H. 8.21 The Kings Royal assent by his Letters Pattents under the Great Seal and signed by his hand and notified in his absence to the Lords and Commons assembled in the Upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto XXXII Stat. 35 H. 8.11 Whereas Knights and Burgesses of Parliament in England and Wales have used to
have allowed them viz. the Knights 4 s. and the Burgesses 2 s. a day or more during the Parliament and their reasonable time of comming to and returning from the Parliament together with their costs of Writs and other ordinary fees and charges by this Statute it is ordained that the Sheriffs of all the 12 Shires in Wales and the County of Monmouth shall have power to levy the said fees of the Inhabitants of those Shires and Counties and shall pay them to the Knights within two Moneths after the said Knights shall have delivered unto them their Writs de solutione feodi Militis Parliamenti in pain to forfeit 20 l. to be recovered by bill plaint c. and to be divided betwixt the King and the prosecutor and for every month that such default is made after the said two moneths 20 l. more to be levied as aforesaid The Head-officers also of the Cities and Burroughs in the said twelve Shires and County shall levy and pay their Burgesses wages and fees within the like time after the writs De solutione feodi Burgens Parliam delivered unto them upon the like pains to be levied of the goods and chattels of such Head-officers XXXIII The Inhabitants of the Cities and Boroughs in the said Shires and County which having no Burgesses of their own use to contribute towards the wages of the Burgesses of the Shire-Towns shall have warning by Proclamation or otherwise from the Head-officers of the said Towns to come and give their voices at the electing of the Burgesses of such Shire-Towns XXXIV Two Justices of Peace in each of the said Shires and County have power to tax every City and Burrough in the several Counties where they inhabit respectively towards the wages of the Burgesses within the Shire-Towns which taxes shall be again rated upon the Inhabitants of each such City and Burrough by four or six discreet and substantial Burgesses there and then levied and paid by the Head-officers unto the Burgesses of Parliament for the said Shire-Towns in manner and form aforesaid and upon the like pains XXXV Stat. 12 Car. 2. cap. 1. The Parliament begun the 3. of Nov. 16 Car. 1. declared to be dissolved And the Lords and Commons now sitting declared to be the two houses of Parliament XXXVI The Parliament begun at Westm 3. of Nov. 1640. declared to be Dissolved and that there is nor can be any legislative power in either or both Houses of Parliament without the King XXXVII Tumultuous and disorderly preparing Petitions Remonstrances to the King and Houses of Parliament having been a great occasion of the late Wars and calamities It is Enacted That no person hereafter shall sollicite or procure any Petition complaint Remonstrance Declaration or other address to the King or both or either Houses of Parliament for altering of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at the publick Assizes or general Quarter-Sessions Or if in London by the Lord Mayor Aldermen and Commons in Councel Assembled XXXVIII Provided this Act be not intended to hinder any persons not exceeding 10 in number to present any publick or private grievance or complaint to any Members after election and during continuance of the Parliament or to the King for remedy therein nor to any address to the King by all or any the Members of Parliament during their sitting XXXIX Stat. 16 Car. 2. cap. 1. The Act in 16 Car. 1. Entituled An Act for preventing of Inconveniencies hapning by long intermissions of Parliament Being in derogation of his Majesties just Rights and Prerogative inherent to the Crown for calling and assembling Parliaments Repealed And declared That Parliaments shall not be intermitted or discontinued above three years at the most and to be assembled and called oftner if need require Parson Vicar and Parsonage I. Stat. 14 E. 3. Stat. 1.17 Parsons Vicars Wardens of Chappels and Provost-Wardens and Priests of perpetual Chanteries shall have their Writs of Juris utrum of lands and tenements rents and possessions annexed and given perpetually in Almes to Vicarages Chappels or Chanteries and recover by other Writs in their case as far forth as Parsons of Churches and Prebends Partitions and Parceners I. Statutum Hiverniae 14 H. 3. If land descend to several Coparceners they shall all hold of the chief Lord of the Fee and not one of another This is the usage in England and shall also be observed in Ireland II. Prerog Reg. 5.17 E. 2. If one inheritance that is holden of theâ—ing in chief descend to many Parceners all the heirs shall do homage to the King and that Inheritance shall be divided amongst those Heirs so that every of them after shall hold their part of the King III. Stat. 31. H. 8.1 Joynt-tenants and tenants in common of any inheritance in their own right or in the right of their wives in any Mannors Lands Tenements or Hereditaments may be compelled to make Partition by Writ De partitione sacienda as Coparceners are compellable to do and this Writ shall be pursued at the common Law IV. Provided that after such Partition made they shall have aid one of another and of their heirs to deraign warranty and to recover for the rate as Coparceners use to have V. Stat. 32. H. 8.32 Joynt-tenants and Tenants in common that have inheritance or free-hold in any Mannors Lands Tenements or Hereditaments shall also be compellable to make partition by the said Writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their Executors and Assigns Passage and Arrivage I. Stat. 8. H. 6.27 Any of the inhabitants of Tewksbury in Com. Gloucestr may have an action of debt according to the Stat. of Winchester to recover against the communalty of the Forest of Dean and Hundred of Bledislow and Westbury though no Communalty recompence for robberies and wrongs done them upon Severn Also the goods of any private person may be taken upon an Execution awarded against the Communalty Any person may arrest and imprison the offenders and he whose goods are taken in execution may have an action of trespass or debt against the offender II. Stat. 9 H. 6.5 All persons shall have free passage in Severn with Flotes and Drags and all other Merchandize goods and chattels and if any be disturbed he shall have his remedy by action at the common Law III. Stat. 19. H. 7.18 Another stricter Statute for the free passage of Severn See the Statute at large IV. Stat. 23 H. 8.12 None shall interrupt the passage upon the banks of Severn or take or ask any tax or toll for the same in pain of 40 s. to be divided betwixt the King and the party grieved V. Stat. 26 H. 8.5 Justices
of Peace in the Counties of Glocester and Sun merset in Sessions shall bind Keepers of Ferriers over Severn by Recognizance with good Sureties that they shall not transport any passenger or cattel out of England into Wales or the Forrest of Dean or from either of those places into England before Sun-rising or after Sun-set unless such as they know and will answer for And besides the parties so offending shall there by incur fine and imprisonment VI. Stat. 2. and 3. P.M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Win sor there shall be 8. chosen for Overseers which shall have power to keep good order amongst the rest VII Two Water-men shall not carry any but where one of them hath exercised that profession two years before that time and hath been allowed by the greater part of the said Overseers under the known Seal in pain to be committed to one of the Counters by the said Overseers for one moneth or for less time as the offence shall deserve VIII No single man which is no housholder nor retained as an Apprentice or as a servant for one year at least shall exercise that profession betwixt the places aforesaid in pain of like punishment IX The Lord Mayor and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon complaint of any two of the Overseers or of any Watermans Master have power not onely to hear and determine any offences committed against this Act and to enlarge any Waterman unjustly punished by the said Overseers but likewise to inflict punishment upon the Overseers themselves in case they unjustly punish any person by colour of this Act. X. A Wherry that is not two foot and a half long and 4 foot and an half broad in the Mid-ship and sufficient to carry two persons on one side right shall be forfeit in which case the King and Queen shall have the one Moity and the Informer the other XI The Water-man that withdraws himself in time of pressing it being proved by two witnesses before the said Mayor Aldermen or Justice and two of the said Overseers shall suffer a fortnights imprisonment and shall be prohibited to row any more upon the Thames for a year and a day after XII The Overseers shall not onely call the Water-men before them direct them and register their names but likewise examine their Boats before they be lanched whether they have due proportion and goodness according to this Act. XIII If the Overseers refuse or neglect their Office they shall forfeit 5 l. whereof the King and Queen shall have the one Moity and the informer the other XIV The Court of Aldermen shall assess the fares of Watermen which being subscribed by two of the Privy Council at least shall be set up in Guild-Hall Westminster-Hall c. And the Water-man that takes more then according to the Fare so assessed shall for every such offence suffer half a years imprisonment and forfeit 40 s. to be divided as before XV. Stat. 1. Jac. 16. No Water-man shall retain any servant or Apprentice unless he himself hath been an Apprentice to a Water-man by the space of five years before and not an Apprentice under the age of 18 years or for less time then seven years in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor XVI This Act shall not restain Water-mens Sonnes of convenient growth and strength and formerly trained up in rowing but that they may be allowed to serve as Apprentices and to carry passengers from place to place at the age of 16 years XVII The eight Overseers shall yearly upon the first of March and the first of September cause openly to be read in their common Hall all their Orders made or to be made in pain that every of them for every such default shall forfeit 20 nobles to be divided betwixt the King and the prosecutor XVIII Stat. 21 Jac. 32. The River of Thames shall be made Navigable for Barges Boats and Lighters from the Village of Bercot in the County of Oxon unto the University and City of Oxon See the Statute at large Patents I. Prerog Reg. Cap. 65.17 E. 2. The Kings gift or grant of Land or Manor cum pertinentiis conveyeth not Knights Fees Advowsons or Dowers without express words II. Stat. 11. R. 2.8 All annuities and other things given or granted by the King his Father or Grandfather with this Clause Quousque prostatu suo aliter duxerimus ordinandum shall be void if other things have been afterwards accepted by the Grantees thereof III. Stat. 1 H. 4.6 To the intent that the King might not hereafter be deceived in his Grants he is content by the assent of the Lords Spiritual and Temporal and at the request of the Commons to be hereafter concluded by the wife men of his Council in things touching the estate of him and his Realm saving alwayes his liberty IV. In a Petition to the King for Lands Annuities Offices c. their value shall be therein exprest otherwise the Letters Patents thereupon had shall be void V. Stat. 18. H. 6.1 All Letters Patents which beat not date the day of the delivery of the Kings Warrant into the Chancery shall be void VI. Stat. 6. H. 8.15 If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last Grantee shall express in his Petition or Patent the former Patent and the determination of his pleasure concerning the same otherwise the last grant shall be void VII Stat. 34 35. H. 8.21 The King shall hold and enjoy all Honours Manors Lands and other Hereditaments which he hath obtained since the fourth of February in the 27. year of his Reign or shall hereafter obtain within seven years next after the making of this Act by bargain exchange or purchase Notwithstanding any mis-recitall non-recitall or not naming of the said Honours c. or of the places where they lie or of any part thereof or any other matter or cause whatsoever VIII The right of others is saved save only for rents services and rents secks IX All Letters Patents and Grants made by the King since the said 4th of February or which shall be hereafter made by him within 7 years next after the making of this Act shall be good Notwithstanding in any mis-naming mis-recitall non-recitall not finding of Offices mis-recital or non-recital of Leases uncertainly miscasting rating or setting forth of the yearly values or rate of the things granted or of the yearly Rents thereof want of Attornment and Livery of Seisin or the mis-naming of the places where the things granted do lie or of the Tenants or Farmers of them or any of them X. Provided that notwithstanding this Act the Kings Grants of Offices and
their fees for keeping of Castles Houses Parks Chases Forrests or Block-houses shall be void when the cause of exercising such Offices is determined XI Provided also that this Act shall not extend to revive any Letters Patents or any Office granted by the King which have been made void by Authority of Parliament Judgement Decree or otherwise XII This Act shall not be prejudicial to any Letters Patents Indentures or Writings made after the said 4th of February and before the 28th of April in the 28th year of the Kings Reign or to any other Statute made for the corroboration of such Letters Parents Indentures or Writings XIII Stat. 1. E. 6.8 Such another Statute made for the confirmation of all Grants made and to be made by E. 6. from the 28th of January in the first year of his Reign and so during his life with such provisoes and limitations as in the former Act of 34 35. of H. 8. are contained See the Statute XIV Stat. 7. E. 6.3 A confirmation of the Kings Letters Patents notwithstanding his non-age or any Statute heretofore made for the reservation of Tenures Rents or Tenths XV. Stat. 4.5 P. M. 1. Another like Act made for the confirmation of all Grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with such provisoes and limitations as in the said former Acts of H. 8. and E. 6. are contained XVI Stat. 18. E. 2. Another like confirmation of all Grants made to for or by the Queen or to be so made within 7. years next after the end of this Session with like provisoes and limitations as in the former Statutes XVII Stat. 35 El. 3. All Abby-lands which came to the hands of H. 8. shall be adjudged to have been in his actual and lawful possession notwithstanding any defect want or insufficiency of or in any Surrender Grant or Conveyance thereof or of any part thereof made to the said King or any other matter or cause whatsoever whereby he might have been entitled thereunto XVIII All Letters Patents made by him since the fourth of February in the 25. year of her Reign for the foundation of any Dean and Chapter or Colledge shall be adjudged good XIX The right of all others except of Abbots Priors c. is saved XX. Stat. 43. El. 1. All grants made to the Queen since the 8th of February in the 27th year of his Reign except by Ecclesiastical persons or bodies politique not having power or ability to make such grants are confirmed XXI The right of all others is saved except of the parties and privies of such grants XXII All grants made by the Queen to others since the said time as also all others that should be made by force of a Commission then on foot before the end of this Session or within one year after shall be good XXIII The Letters Patents of all such grants shall be expounded most beneficial to the Patentees any mis-naming mis-recital non-recital c. notwithstanding XXIV This Act shall not extend to Letters Patents of Offices nor of concealments except such concealments onely as are sold by Commissioners XXV Neither shall this Act extend to make good any Letters Patents heretofore adjudged void by any Court of Record at Westminster or by Act of Parliament neither yet those of Monopolies or for toleration of any offence prohibited by any penal Law nor of Lands where there is an estate tail in the Queen unless such estate be duly received XXVI Here also the right of others is saved XXVII Stat. 21 Jac. 25. The King nor any other claiming from by or under him shall hereafter take advantage against the Kings Patentees or Tenants for default of payment of Rent or other duty to be performed so as the rent be paid or such duty performed before such advantage taken or any Commission awarded to enquire or other process shall be issued for such forfeiture XXVIII Stat. 21 Jac. 29. All Leases made and to be made by Prince Charles of the Dutchie Lands of Cornwall shall be good XXIX Howbeit they shall not be good unless they be in possession and granted only for 31 years or 3 lives or estates determinable upon 31 years or 3 lives and thereupon also the accustomable Rent for the greatest part of 20 years before shall be reserved and where no such Rent hath been payable a reasonable Rent shall be reserved not under the twentieth part of the clear yearly value neither shall such Leases be dispunishable of waste XXX All Covenants and other agreements contained in such Leases shall be good XXXI The right of others except of the King and Prince and their Successors is saved XXXII 1 Car. 2. Such another Act for Leases to be made of the said Dutchie Lands within three years with such Clauses and Provisoes as in the Act of 21 Jac. 29. ☞ Paving I. Stat. 24 H. 8.11 The Street-way between Charing-Cross and Stroad-Cross shall be sufficiently paved at the charge of the owners of the Lands adjoyning to the same and shall also be afterwards repaired by them in pain to forfeit to the King 12 d. for every yard square not so paved and repaired and 25 H. 8. for Holborn and Southwark * II. Stat. 32 H. 8.17 All persons having lands betwixt Algate and White-Chappel Church or in Chancery-Lane Grays-Inn-Laneâ— Shooe-lane Fetter-lane or the way betwixt Holborn-bars and High-Holborn as far as any houses are there built shall before the 24 of June 1542. sufficiently pave so much of the Streets and Lanes aforesaid as are next adjoyning to their said lands and continue them in good repair in pain to forfeit for every yard square not so paved or repaired 6 d. III. The Mayor Aldermen and Justices in London and the Justices of Peace in Middl sex have power within their respective Jurisdictions to enquire hear and determine in Sessions the defaults And in case the said Justices shall be found remiss therein they shall respectively forfeit 5 l. IV. The Clerk of the Peace in Middlisex shall duly estreat into the Exchequer the Fines and forfeitures happening upon this Act in pain of 5 l. to be divided betwixt the king and the prosecutor V. Any three Justices in London whereof the Mayor is to be one have power to set Fines upon such as do not pave or repair any Street or Lane in London or the liberties thereof to be levied by distress plaint or action by the Chamberlain to the use of the Mayor and Communalty of the said City VI. The inhabitant paving his part in the said Streets or Lanes may defaulk so much of his rent from his lessor as the charge thereof shall amount unto unless it be otherwise agreed betwixt them VII Stat. 35 H. 8.12 Another like Statute for the paving and repairing of Whitâ—-Cross-Street Cheswel-streâ—t Golding-Lane Grub-street Goswel-street Long-Lane Saint Johns-street the streets there leading
from the Bars to Cow-Cross Water-lane in Fleet-street the streets behind Saint Clements-Church without Templâ—-Bar the way from the West-bars in Tothil-street in Westminster to the West-end of Petit-France the way without Bishops-gate above Shore-dâ—tch Church Strand-bridg and the way leading from thence towards Temple-Bar and Foskue-lane leading down to Strand-bridg And in this Act the Justices of Middl sex have also power to set Fines upon the defaulters at their discretion VIII Stat. 13 El. 23. Another Act of like nature for paving and keeping in repair the way without Algate called the Bars without Algate another leading from the Old-Cagâ— there to the North-end of Nightingal-lane and another between the said Old-Cage and Cross-Mill in the Parish of Saint Mary the pain for default being 3 s. 4 d. to the Queen for every yard square not so paved or repaired This Act likewise provides for the scowring and cleansing of certain Ditches thereabouts IX Stat. 18 El. 19. An Act for the paving of Chichester X. Stat. 23 El. 12. Another Act for the paving of the Minories being an additional Act to 13 El. 23. And the Ditch in Hoglang shall be scowred and cleansed by the owners of the lands lying on the North-side of the said Lane in pain to forfeit 6 s. 8 d. for every pole uncleansed And by this Act the Justices of Peace in London and Middlesex shall appoint Scavengers XI Stat. 3 Jac. 22. Another Act for the paving and keeping in repair the street in St. Giles in the Fields and Drury-lane ☞ Peace I. Stat. 2 E. 2. The Statute of Winchester and other Statutes made for the keeping of the Peace shall be duly observed II. The Justices assigned shall have power to punish resisters of the Peace III. Stat. 2 R. 2.2 Peace shall be kept and Justice and Right duly administred to all persons See also the Statutes of 1 H. 4.1 2 H. 4. and 1. 7 H. 4.1 to the like effect Pensions Portions and Corodies I. Stat. 34 35 H. 8.19 Pensions Pertions Corodies Indemnities Synodies Proxies and all other profits due out of Religious lands dissolved shall be paid to Bishops Arch-deacons and other Ecclesiastical persons by the occupiers of the same lands if such Ecclesiastical person were seised thereof within ten years before their dissolution And if upon suits in the Ecclesiastical Court for the same the Defendant be convict the Plaintiff shall recover the value thereof in damages together with his costs of suit The like he shall recover at the Common Law when the cause is thereby determinable II. Provided that if the King hath demised any of the said lands with a Covenant to discharge the tenant of such charges that then the party claiming the same shall sue for them in the Court of Augmentations and not elswhere ☞ Perjury * I. Stat. 5 El. 9. None shall suborn a witness to give restimony in any Court of Record concerning any lands goods debts or damages in pain of 40 l. and if the offender being convicted thereof hath not wherewithall to satisfie the said forfeiture he shall suffer 6. moneths imprisonment without bail stand upon the Pillory one whole hour in the same or next Market-town where the offence was committed and be for ever after disabled to give testimony in any Court of Record until the judgement given against him be reversed by Attaint or otherwise II. He that commits wilful perjury shall forfeit 20 l. suffer six moneths imprisonment without bad and be ever after disabled to give evidence until the judgement given against him be reversed as aforesaid and here also if he hath not wherewithall to discharge the fine in the Countrey the Sheriff or in a Corporation the Head Officer shall cause him to be set upon the Pillory in some Market-place and to have both his ears nailed III. The forfeitures abovesaid shall be divided betwixt the Queen and the party grieved IV. Judges of the Courts where such offences shall happen to be committed Justices of Assize Goal-delivery and of Peace have power to hear and determine the same offences V. This Act shall be proclaimed at every Assize VI. This Act shall not extend to any Court Ecclesiastical but that they may there proceed as in times past VII This Act shall not restrain the power of the Star-chamber nor of the Councils of Wales or in the North to punish heinous perjuries But that they may proceed as formerly so as for-the said offences they inflict no less punishment then by this Statute is ordained ☞ Physicians and Surgeons * I. Stat. 3. H. 8.11 None in London or within seven miles thereof shall exercise as a Physician or Surgeon except first examined and admitted thereunto by the Bishop of London or Dean of Pauls calling to him or them for the first examination four Doctors of Phyfick and for Surgery other expert persons in that faculâ—y and afterwards of them that so shall be approved in pain to forfeit for every moneth they exercise Physick or Surgerie not so examined and admitted 5 l. to be divided betwixt the King and the prosecutor II. In other places without the said Precinct of seven miles none shall exercise the said Professions unless examined and approved by the Bishop of the Dâ—ocess or in his absence by his Vicar general â—alling to them expert men in those Professions at their discretion and giving Letters testimonial under their Seal to him they shall so approve upon the like pain to be divided as aforesaid III. This Act shall not extend to the Universities IV. Stat. 5. H. 8.6 The Surgeons of London shall be exempt for bearing the Office of Constable or any other Office watching bearing of Arms or to serve upon Inquests in London so that their incorporation exceed not the number of 12. V. This Act shall also extend to Barber-Surgeons approved and admitted according to the Statute of 3 H. 8.11 VI. Stat. 14. H. 8.5 The Kings Charter for the Incorporating of the Colledge of Physicians in London bearing date the 13. of September in the tenth year of his Reign is confirmed the substance whereof is as followeth VII A perpetual Colledge of Physicions is granted and erected in London and within seven miles compass of the same who shall have power to chuse yearly a President for the better government of the same and shall also have perpetual succession a common Seal and ability to purchase Lands not exceeding 12 l. per annum They may sue and be sued make Ordinances for the good Government of the Colledge and of all others that practise Physick within the said limits Neâ—ther shall any practise Physick within that Circuit unless approved under the Seal of that Colledge in pain of 5 l. to be divided betwixt the King and the same Colledge Likewise four Physicians of London shall be yearly chosen to supervise the rest as also their Medicines and Receipts so that such as offend may be punished by fines amerciaments inprisonment or other due means Lastly Physicians
the Parish oftentimes the Churchwardens and Overseers for the poor of the said parish where the child is born may seise and take so much of the goods and chattels and of the rents and profits of the lands of such reputed fathers or mothers as shall be ordered by two Justices of the Peace for and towards discharge of the Parish for providing for such bastard and by order of the Sessions may sell the said goods or so much thereof as the Court shall think fit and so much of the rents and profits of the lands for the said purposes XLIX The Defendant sued for any thing done upon this Act may plead the general Issue and upon Verdict for him Nonsuit or Discontinuance shall recover treble damages L. The poor of the Counties of Lancashire Cheshire Derby-shire York-shire Durham Cumberland and Westmerland and other Counties of England and Wales shall be maintained and set on work within their respective Parishes according to the intent of this Act and in case of default the several penalties herein to be incurred And the Justices of the Peace in the said Counties may execute all powers there under the like penalties as in the Statute of 43 El. cap. 2. to be levyed as therein mentioned LI. Proviso Impowring the Justices of the Peace in their Quarter-Sessions to transport convicted Rogues Vagabonds and sturdy Beggars to English plantations beyond the Seas LII Proviso for saving the Franchises and Liberties of the Dean and Chapter of Westminster and this Act as to all matters except what relates to the Corporations to continue till the end of the first Session of the Parliament after the 29th of May 1665. and no longer Post-Office I. Stat. 12 Car. 2. cap. 34. A Post-Office for the carriage of Letters and providing post-horses erected in London the Master whereof to be appointed by the Kings Letters Pattents under the Great Seal and the rates for carrying Letters ascertained as well Inland as beyond Sea II. Postmasters not providing sufficient horses for such as have occasion forfeit 5 l. for every offence one moyety to the King the other moyety to the party that will sue for the same in any the Kings Courts of Record III. No horses to be seised or used for any service within the said Act without consent of the owners IV. Stat. 15 Car. 2. cap. 14. Stat. 3. The profits of the said Post-Office and power of granting Wine-Licenses setled on the Duke of York and the heirs Males of his body ☞ Prerogativa Regis I. West 1.48 3. E. 1. Forasmuch as the King hath ordained these things viz. this Statute of Westm 1. for the honour of God and the Church and for the Common-wealth and for remedy of such as are grieved he would not that at any other time it should turn in prejudice of him or of his Crown but that such right as appertain to him should be saved in all points President of the Council I. Stat. 21 H. 8.20 Pars inde The President of the Kings Council if he be present may associate the Lord Chancellor Treasurer and Privy Seal at naming of Sheriffs setting of prizes of Wines and at all other Acts limited by any Statute to be done by the said Chancellor and Treasurer or Keeper of the Privy Seal Primer Seisin I. Prerog Reg. 3. 17. E. 2. The King shall have Primer seisin after the death of his Tenant in chief of all the lands whereof he dyed seised in Demesne as of Fee of what age soever the Heir be taking the issues of the same lands until inquisition be made and he have taken homage of such heir Printing See Books c. Per tot ☞ Prison Prisoners Goal Goalers I. Stat. 1 E. 3. Stat. 1.7 The Justices of either Bench Assize and Goal-delivery shall hear and determine all plaints made against Sheriffs and Goalers who shall compel or procure prisoners to become approvers viz. to accuse others II. Stat. 5 E. 3.8 Endictees and Appellees in the Kings Bench shall be safely kept in Prison by the Marshals there and not suffered to go at large according to the charge given them by the Justices And if any complain thereof the Justices shall do him right during the Terms III. At the end of every Term the Marshalls shall acquaint the Justices in what Town they will keep such Prisoners and shall there allow them houses at their own charge IV. The Marshals who suffer any such prisoner to go at large shall suffer half a years Imprisonment and be ransomed at the Kings will which the Justices shall have power to enquire of when they see time V. The proceedings against Marshals shall be within the Verge and if the Marshalls suffer any to escape they shall be proceeded against according to Law howbeit the King intended not by this Statute to lose the escape where he ought to have it VI. Stat. 14 E. 3. Stat. 1.10 Goals which were wont to be in she Sheriffs custody shall be again rejoyned to their Bailiwicks and they shall put in such keepers for whom they will answer VII The Goaler which by dures compells a prisoner to become an approver shall have judgment of life and member VIII Stat. 13 R. 1.15 The Kings Castles and Goals which were wont to be joyned to the bodies of the Counties and be now severed shall be rejoyned to the same IX Stat. 5 H. 4.10 Justices of Peace shall imprison none but in the common Goal saving to Lords and others who have Goals their Franchise in this case X. Stat. 19 H. 7.10 The Sheriff of every County shall have the keeping of the common Goal there except such as hold any by inheritance or succession also all Letters Patents of the keeping of Goals for life or years are annulled and void howbeit the Kings Bench nor Marshalsey shall be in the custody of any Sheriff and the Patents of Edmard Courtney Earl of Devon and John Morgan for keeping of prisons are excepted XI Stat. 6 H. 8.6 The Justices of the Kings Bench have power by their discretions to remand as well the bodies of Felons as their Indictments into the Counties where such Felonies were committed And also to command the Justices of Goal-delivery of Peace and all other Justices and Commissioners there to proceed and determine such Felonies in like manner as if their bodies and Indictments had not been removed XII Stat. 23 H. 8.2 The Justices of Peace in Essex Suffolk Dorset Sussex Surrey Nottinghans Glocester Bedford Buckingham Huntington Wilts Kent Warwick Staff Oxon Bark Ieic Rutl. Linc. Heref. North. Salop. Norf. Cornwal and Derby or the greater part of them in their respective Counties have power within one year to appoint the Towns and places within their respective limits where common Goals may be edified and to tax the several Counties for building and furnishing the same Howbeit this tax was not to extend to corporate Towns having Justices and Common Goals of their own XIII Felons shall be committed to the
said common Goals and not elsewhere And the Sheriffs shall have the Custody thereof and shall be allowed in their accounts by the Barons of the Exchequer the moneys expended by them in repair of the same without any Bill or Warrant of the King to be shewed in that behalf XIV This Act shall not prejudice any person having a common Goal by Inheritance or for life or years XV. Stat. 5 El. 24. The Statute of 23 H. 8.2 is continued for 10 years and shall extend to the Counties of Pembroke Glam Cardig Radnor and Mount gomery XVI 13 El. 25. The Statute of 23 H. 8.2 and 5 El. 24. shall extend to the County of Cambridge and the said Acts shall continue in force 10 years after the 10 years of continuance mentioned in 5 El. 24. XVII Stat. 14 El. Justices of Peace in Sessions or the more part of them have power to tax every Parish in the County but not above 6 d. or 8 d. a piece towards the relief of prisoners which tax the Church-wardens of every Parish shall levy every Sunday and pay it in quarterly to the High-Constable or in a Corporation to the Head-Officer and the High-Constable or Head-Officer shall pay the same at every Quarter-Session to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners XVIII The Church-wardens High-Constables Head-Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5 l. to be divided betwixt the Queen and the prisoners XIX Justices of Peace within the County shall not intermeddle with a Corporation for the execution of this Act But onely the Mayor and Head-Officers of the same XX. Stat. 3 Jac. 10. An offender which is to be conveyed to the Goal shall bear all charges both of himself and of those that guard him XXI If he refuse so to do upon a Warrant from a Justice of Peace The Constable of the Town-ship where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justices shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender XXII If the offender hath no goods to satisfie the charges the the Constables Church-wardens and two or three other honest inhabitants or in case there be no such Officers there four of the Principal Inhabitants of the Parish where he was taken shall make a tax according to which being allowed under the hand of a Justice of Peace every inhabitant shall pay the said charges And upon refusal by Warrant from a Justice of Peace the Constable Tything-man or other Officer hath power to levy the same by distresse and after appraisement by four inhabitants there to sell the same rendring the overplus to the party so refusing XXIII Here if the Officer that distrains be sued he shall plead justification and upon Verdict for him or Non-suit of the Plaintiff shall recover treble damages besides costs of suit Prize Goods I. Stat. 16 17 Car. 2. ca. 6. An Act for repealing part of an Act made this Parliament intituled An Act directing the prosecution of such as are accomptable for Prize-Goods 14 Car. 2. cap. 14. viz. as to any prosecution against all Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Sea-men and Marriners Provided this Act extend not to discharge any others Probat of Testaments * I. Stat. 31 E. 3.4 Bishops shall restrain their Officers from taking excessive fees for Probats of Testaments in pain to have them indicted before the Justices for extortion as hath been heretofore used II. Stat. 21 H. 8.15 Nothing shall be given for the Probat of a Will or Commission of Administration when the goods of the dead exceed not 5 l. save onely 6 d. to the Register Neverthelesse the Judge shall not refuse to prove such a Testament being exhibited unto him in writing with wax ready to be sealed and proved Communi forma but shall dispatch the party without delay III. For the Probat of a Will and all other things concerning the same when the goods of the dead exceed 5 l. but not 40 l. the Judges Fee is 2 s. 6 d. and the Registers 12 d. And when they exceed 40 l. the Judges Fee is 2 s. 6 d. as before and the Registers as much Or the Register may refuse the 2 s. 6 d. and take a peny for ten lines of the Will each line being conceived to contain ten Inches in length And for these Fees they shall dispatch the party without frustratory delay IV. Where there is no Will or the Executors refuse it Administration ought to be committed to the Intestates widow if he left any or to the widow and the next of the kindred or in case he left no widow to one or more of the kindred or in case they look not after it to any creditor or creditors that desire it or in case they also neglect it to any other person or persons at the discretion of the Ordinary who is enjoyned to take security of such Administrators for the due administration of the Intestates goods V. Nothing shall be given for Letters of Administration when the Intestates goods exceed not 5 l. and when they exceed not 5 l. but not 40 l. the Officers Fees are onely 2 s. 6 d. VI. The Executors or Administrators calling to them two or more Creditors or so many of the next of the Kin or in their default two or more neighbours or friends to the dead shall in their presence cause a â—ue Inventory to be made of the goods and shall deliver the same in upon oath unto the Ordinary indented whereof one part shall remain with the Ordinary and the other with the Executors or Administrators VII The Judge or Ordinary shall not refuse to receive an Inventory indented so tendered unto him in Court together with his oath to verifie the same VIII Lands devised to be sold shall not be accompted any of the Testators goods IX The fee for the Copy either of the Will or Inventory is the same with that above allowed for registring of the Will or else the Register mny take a peny for every ten lines of the length as aforesaid X. The Officer that takes more then his due fee shall forfeit that excess to the party grieved and besides 10 l. to be divided betwixt the King and the same party grieved XI This Act shall not alter the custome where less money hath been for probate of Testaments XII The Ordinary may convent Executors to prove the Testators Will and to bring in the Inventory as before notwithstanding this Act. ☞ Process I. Artic. super Cart. 15. 28 E. 1. the summons and attachments of plea of land shall contain 15 dayes except attachment of Assizes in the Kings presence and pleas before Justices in Eyre during the Eyre II. Stat. 5
thereupon a Writ awarded to the Sheriff and returned into the Common Pleas and the Statute there mee shewed albeit the process thereof be after that discontinued yet the party shall have the process re-continued and shall also have re-execution upon the same Statute without shewing it again to the Court. XXXI Stat. 11 H. 6.10 He that sueth for a Scire facias in Chancery to defeat an Execution upon a Statute-staple shall find surety both to the King and the Recognizee to prosecute his Suit with effect c. XXXII Stat. 23 H. 8.6 The Chief Justices of the Kings Bench and Common Pleas or either of them or in their absence out of the Term the Mayor of the Staple at Westminster and the Recorder of London joyntly together shall have power to take Recognisances for the payment of debts in this sorm following XXXIII Noverint universi per praesent nos A.B. D.C. teneri firmiter obligari Johanni Style in cent libr. Sterling solvendis eiden Johanni aut suo cert Atornat hot script ostend haered vel execut suit in tal fest c. proxim futur post dat praesent si desecero vel defecerimus in solutione debit praedict Volo conced vel sic Volumus concedimus quod tunc currat super me haered execut meos vel Super nos quemlibet nostrum haered execut nostros poena in statuto Stapul de debit pro Merchandisis in ead emptis recuperand ordinat provis dat talï dir Anno regni regis c. XXXIV Such Obligation shall be sealed with the Seal of the Recognisor or Recognisors as also with such a Seal as the King shall appoint for that purpose and with the Seal of one of the chief Justices or the Seals of the said Mayor of the Staple and Recorder and every of the said Justices and the said Mayor and Recorder shall have the custody of one such Seal to be appointed by the King as aforesaid XXXV The Clerk of the Recognisances to be also appointed by the King or his sufficient Deputy or Deputies shall write and inroll such Obligatiors in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Mayor and Recorder that take such Recognisance and the other with the writer thereof Also such Clerk or his Deputy or Deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. XXXVI The Clerk or his Deputy at the request of the Creditors their Executors or Administrators shall certifie such Obligations into the Chancery under his or their Seal XXXVII The Recognisees of such Obligations their Executors and Administrators shall have in every point degree and condition against the Recognisors their Heirs Executors and Administrators such Process Execution commodity and advantage as hath been had upon an Obligation of the Statute of the Staple and shall also pay like Fees for the same XXXVIII Here the Recognisor so bounden or otherwife grieved by such an Obligation shall have like remedy by Audita Qucrela and all other remedies in the Law as upon Obligations of the Statute of the Staple XXXIX Upon the sealing of the process for the execution of every such Obligation the King shall have an half-peny in the pound XL. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy as upon an Obligation of the Statute of the Staple XLI The Justices or the Mayor and Recorders fee for taking such a Recognisance is 3 s. 4 d. and the Clerks fee is as much and his fee for certifying such an Obligation is 20 d. And none of them shall take more in pain of 40 l. XLII From henceforth the Mayor or Constable of the Staple shall take no Recognisance of the Statute of the Staple in pain of 40 l. except between Merchants being free of the same Staple for Merchandize of the said Staple between them lawfully bought and sold XLIII The forfeitures abovesaid are to be divided betwixt the King and the prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed XLIV Stat. 16 and 17 Car. 2. cap. 5. When any Judgment Statute or Recognisance shall be extended it shall not be avoided or delayd by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of contribution against such persons whose Lands be or shall be extended out of such Extent from time to come XLV Provided This Act give no extent or contribution against any heir within the age of 21 years during such minority further then might have been before this Act. XLVI Provided This Act extend only to such Statutes as be for payment of moneys And to such Extents as shall be within 20 years after the Statute Recognisance or Judgment had This Act to continue 3 years and from thence to the end of the next Session of Parliament and no longer ☞ Records I. Stat. 9 E. 3.5 Justices of Assize Goal-delivery and Oyer and Terminer shall yearly at Michaelmas send all their Records and Processes determined and put in execution into the Exchequer which the Treasurer and Chamberlains there shall receive under their seals and keep them in the Treasury Howbeit the said Justices shall first take out the Estreats of the said Records and Processes to send them to the Exchequer as they were wont to do Recoveries I. Stat. 7 H. 8.4 Recoverers of Mannors Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make Avowry and justifie the same and have like remedy for recovering them as the Recoverer might have done or had Albeit the said Recoverers were never seised thereof And shall also have a Quare Impedit for an Advowson if upon a Voydance any disturbance be made by a stranger as the Recoverers might have had albeit they were never seised thereof by presentation II. Here every Avowant or Bailiff in any Râ—plegiarie or second Deliverence if their Avowrie Conusance or justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs III. Stat. 21. H. 8.15 A Termer for years may falsifie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assigns according to his Lease IV. Also the Recoverer shall have like remedy against the termer his Executors or Assigns by Avowrie or Action of debt for Rents and Services reserved upon such Lease and due after such recovery and also like action for waste done after such recovery as the lesser might have had if such recovery had never been V. No Statute of the Staple Statute-Merchant or execution by Elegit shall be avoided by such feigned recovery but such tenants shall also have like remedy to falsifie such recoveries as is
here provided for the Lessee for years VI. Stat. 34 35. H. 8.20 No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or Voucher be had in any such feigned recovery or not but that after the death of every such tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the lands tenements and hereditaments so recovered according to the form of the gift in tail the said recovery notwithstanding VII And here the heirs of every such Tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his heirs VIII This Act shall not extend to prejudice the Lessee or Lessees of any such Tenant in tail made in writing indented of any Mannors Lands c. for 21 years or three lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall injoy his or their Term or Terms according to the Statute of 32 H. 8.28 which see in Leases this Act notwithstanding IX Stat. 14 El. 8. All recoveries had or prosecuted by agreement of the parties or by covin against Tenants by the curtesie Tenants in tail after possibility of issue extinct for term of life or lives or of estates determinable upon life or lives or of any lands tenements or hereditaments whereof such particular tenant is so seised or against any other with Voucher over of any such particular tenant or of any having right or title to any such particular estate shall from henceforth as against the reversioners or them in remainder and against their heirs and successors be clearly void X. This Act shall not prejudice any person that shall by good title recover any lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Re-disseisin I. Merton 3. 20 H. 3. If any be disseised of their fee-hold and before the Justices in Eyre hath recovered seisin by Assise of Novel disseisin or by confession of the disseisors and hath had seisin delivered by the Sheriff if afterwards the same disseisors disseise the Plaintiff of the same free-hold and be thereof convict they shall be imprisonod until the King hath discharged them by redemption recognition of Assize Judgement or some other way II. This is the form of punishing of such convict persons The Plaintiff shall procure a Writ from the Kings Court directed to the Sheriff and containing the plaint of disseisin done upon disseisin By this Writ the Sheriff shall be commanded that he taking with him the Keepers of the Pleas of the Crown and other lawful Knights shall in proper person go to the Land or Pasture whereof the plaint was made where if they find him disseised again the Sheriff is to do as is above provided but if not the Plaintiff shall be amerced and the other shall go quit Howbeit the Sheriff shall not execute any such plaint without the Kings special Command III. There is the like Law for such as recover their seisin by Assise of Mortdancester or by Enquests if they be re-disseised by the first disseisors IV. Marlb 8. 52 H. 3. Persons imprisoned for re-disseisin shall not be delivered with the Kings special command and shall make fine to the King for their trespass And if the Sheriff deliver any contrary to this Ordinance he shall be grievously amerced and yet the persons so delivered shall be also grievously punished for their trespass V. West 2.26 13 E. 1. In Writs of re-disseisin double damages shall be awarded and the re-disseisors shall not be repleviable by the common Writ VI. Those that recover by default redition or otherwise without recognition of Assises or Juries shall have Writs of re-disseisin as well those which recover by Assise of Novel disseisin Mortdancester or other Juries provided for by the Statute of Merton 20. Relief I. Magna Cart. 2. When Lands holden of the King in chief by Knight-service descend to an heir of full age The reliefs are as followeth For an Earldom 100 l. For a Barony 100 Marks For one whole Knights fee 100 s. And he that hath less shall give less according to the old custom of the fees Religion * I. Stat. 14. Ca. 2. Ca. 4. The Stat. of 1 Eliz. Ca. 2. recited for uniformity of Common Prayer and considered by certain Commissioners appointed by the King for reviewing and altering the same and afterward being also reviewed by the Convocation The said Book of Common Prayer so altered c. is allowed and recommended to the Parliament by the King to be used under such sanctions and penalties as the Houses of Parliament shall think fit the same is enjoyned to be red in all Churches Chappels and places of publick Worship in England Wales and Town of Barwick upon Tweed in such order as is enjoyned by the said Book annexed to the said Act. II. Every Parson Vicar or other Minister in possession of any Ecclesiastical Benefice enjoyned to read the Common Prayer upon some Lords day morning and evening before the Feast of St. Bartholomow 1662. and after such reading the same make the Declaration verbatim as followeth I. A. B. do here declare my unfained assent and consent to and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church of England according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons Upon penalty there being no lawful impediment and within one month after such impediment removed of being deprived ipso facto as if the person neglecting or refusing so to do were dead III. All Parsons Vicars and Ministers to be after presented or put into any Ecclesiastical Benefice enjoyned to read the Common Prayer as aforesaid and to make the aforesaid Declaration within two months after they shall be in actual possession upon the same penalty as aforesaid IV. All Incumbents that reside upon their livings and keep Curates shall once every month themselves read the said Common Prayer upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace to be levyed by distress and sale of the offendors goods by Warrant from the said
XXI The Justices impowred to appoint a Treasurer to receive the said moneys and make payment thereof according to their orders and may agree and article with persons by them employ'd and take security of them for safe-guarding the said Counties XXII If any persons imployed in Border-Service upon this Act shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers they shall be uncapable of being imployed in the said service and further fine and imprisonment as the Justices shall think fit XXIII The Justice may lessen the charge if they see cause this Act to continue 5. years The Stat. 4 Jac. cap. 1. 7 Jac. cap. 1. touching tryal of offenders flying out of England into Scotland et è contra revived and to be put in execution ☞ Rome * I. Stat. 25 H. 8.19 The Convocation shall be assembled by the Kings Writs and shall not enact any Constitutions or Ordinances without the Kings assent II. No Canons shall be executed which be repugnant to the Kings Prerogative or to the Customs Laws or Statutes of this Realm III. There shall be no appeals to Rome but from henceforth they shall be according to the Statute of 24 H. 8.12 Which see in Appeals to Rome IV. Appeals from the Courts of Archbishops of this Realm shall be to the King in his Chancery out of which shall thereupon issue out a Commission under the Great Seal to certain persons to be named by the King who shall thereby have power to hear and definitively to determine all such appeals and the causes concerning the same and from whose decree or sentence therein there shall be no farther appeal V. If any sue for an Appeal to Rome he shall incur a Praemunire but this is made Treason by 13 El. 2. which see in Crown VI. Appeals from places exempt which were before to the See of Rome shall be henceforth into the Chancery and shall be determined before the Commissioners as aforesaid VII Provided That all Canons Constitutions Ordinances and Synodals Provincial not repugnant to the Kings Prerogative nor to the Customs Laws or Statutes of this Kingdom shall be still used and executed notwithstanding this Act. * VIII Stat. 25 H. 8.20 No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop neither shall Annates or First-fruits be paid to the same See IX Concerning the Election of Archbishops and Bishops the King may send to the Prior and Covent or Dean and Chapter of the place shall be void his Letters missive containing his conge d'eslire or license to elect the person named in the said Letters missive which person they are to choose for their Archbishop or Bishop and none other X. In case they fail to make election accordingly the King shall nominate such an Archbishop or Bishop by his Letters Patents and if it be a Bishop he shall present him to the Archbishop or in case that See be then void to any other Archbishop within his Dominion but if it be an Archbishop then to an Archbishop and two other Bishops or else to four other Bishops to be nominated by the King XI When any Archbishop or Bishop is elected or presented as aforesaid they are in due form to be invested and consecrated viz. a Bishop by the Archbishop of that Province or in case of vacation by any other within the Kings Dominions and an Archbishop by some other Archbishop ond two Bishops or else by four Bishops without suing for any Bulls Letters or other things from the See of Rome for the same And such Archbishop or Bishop betwixt his election and consecration shall be called the Lord Elect of such a Dignity XII Such election or presentment of an Archbishop or Bishop shall be lawful and make them capable to do and execute all things that concern the said Dignities XIII If the Prior and Covent or the Dean and Chapter within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election and certifie the same to the King or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated as aforesaid do not perform the same accordingly within 20 days after such presentment or if any person or persons de admit obey or execute any Censures Excommunicotions Interdictions Inhibitions or any other Process or Act in derogation of this Act that then all and every person and persons offending shall incurre a Praemunire XIV Stat. 25 H. 8.21 No imposition shall be paid to the Bishop or See of Rome neither shall any person sue for any dispensation or license to the Bishop of Rome XV. The Archbishop of Canterbury may grant dispensations to the King and likewise licenses to all others of things formerly used to be licensed Howbeit of causes not used to be licensed no dispensations shall be granted without the approbation of the King and his Councill XVI Here Licenses of things whereof the tax did heretofore extend at Rome to 4 l. shall be also confirmed by the Kings Great Seal and likewise enrolled in Chancery by a Clerk thereto appointed but all others may be granted by the Archbishop without such confirmation unless the party desire to have it enrolled and then the Fee for the Seal shall be 5 s. and not above And all Acts done by such licenses shall be good in Law XVII All children procreated after Marriage to be had or done by such licenses or dispensation shall in all Courts be admitted Legtiimate and Inheritable XVIII There shall be a Clerk assigned by the Archbishop to register Dispensations and another by the King to enroll Confirmations XIX There shall be two Books made wherein the taxes of Dispensation shall be written whereof the one shall remain with the said Register of the Dispensations and the other with the said Clerk of the Confirmations XX. None shall pay for dispensation greater taxes then shall be set down in the said Books and if any Officer takes more he shall forfeit ten times so much to be divided betwixt the King and the prosecutor Howbeit where they are Arbitrary the Archbishop and the Lord Chancellor and Keeper shall rate them and here also is set down how the money received shall be divided For which see the Statute at large XXI This Act shall not inhibit the Archbishop of York nor other Bishops to dispence as they were wont to do by the Common Law and custome of this Realm XXII During the vacation of the See of Canterbury the Guardian of the Spiritualities shall grant Dispensations Here is also a remedy provided where the Archbishop or Guardian refuse to grant Dispensations viz. by a Commission from the King to impower two other Prelates to perform the same For which see the Statutes at large XXIII All Religious Houses heretofore exempt from the Visitation of the Archbishop shall still remain so notwithstanding this Act and shall be under the Visitation of
in the mean time it be superseded XXXIV Stat. 1 M. Parliament 2. Cap. 11. The Statute of 23 H. 8.5 and all Commissions of Sewers shall extend and give authority that the Commissioners therein named for the County of Glamorgan or six of them whereof three to be of the Quorum shall by this Act and the said Statute of H. 8. and Commission have power to make Laws Ordinances and Decrees within the said County for the redress and saving of grounds there from hurt and destruction by reason of sand rising out of the Sea and driven to land by storms and winds as they may do by the said former Act and Commission for avoiding the outragious course and rage of the Sea and other waters XXXV Stat. 13 El. 9. All Commissions of Sewers shall continue in force for ten years after the date thereof unless they be repealed by a new Commission or a Supersedeas XXXVI All Laws Ordinances and Constitutions duly made according to the Statute of 23 H. 8.5 and written in parchment indented under the Seals of the Commissioners or six of them whereof one part shall remain with the Clerk of the Commission and the other in such place as the Commissioners or six of them shall appoint shall without any Certificate to be made into the Chancery and without the Kings assent continue in force notwithstanding any determination of such Commission by Supersedeas untill the same Laws Ordinances and Constitutions shall be altered repealed or made void by Commissioners afterwards assigned XXXVII After the end of ten years next after the Teste of a Commission all Laws Ordinances and Constitutions made by vertue thereof and written in parchment indented and sealed as aforesaid shall notwithstanding such determination of the Commission continue in force one whole year after the said ten years during which time the Justices of Peace of the County or Counties whither it is directed or six of them two Quorum have power to execute such Commission and Law c. as fully as the Commissioners themselves unless in the interim a new Commission be sent forth XXXVIII No Farmer for years of any Lands c. lying within the limits of the Commission which shall be chargeable with any Laws c. made by vertue of any such Commission wherein he shall be a Commissioner not having an Estate of Freehold in England worth 40 l. per annum shall have any power to sit or intermeddle with any such Commission during the time he shall be Farmer and not have Freehold as aforesaid but every such Commission as to him only shall be adjudged void XXXIX There shall be no certificate or return of the Commission or of any of their Laws Ordinances or doings by vertue thereof XL. The Clerk of the Commission shall yearly estreat all issues fines penalties forfeitures and amerciaments due and answerable to the Queen her heirs and successors and shall yearly deliver them into the Exchequer as Justices of Peace ought to do by vertue of their Commission in pain of 5 l. XLI Provided that the abovesaid Farmer may act in the Commission as concerning all other Lands save only the Lands whereof he is so Farmer as aforesaid XLII Stat. 3 Jac. 14. All Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses within two miles of London having their fall into Thames shall be subject to the Commission of Sewers and to all Statutes made for Sewers and to all penalties in the said Statutes contained XLIII Stat. 12 Car. 2. cap. 6. Commissioners of the Sewers to be made by the Lord Chancellor and others pro hac vice there being no Lord Treasurer nor Chief Justice of either Bench according as by the Stat. 23 H. 8. cap. 5. is appointed to joyn herein ☞ Sheep * I. Stat. 3 H. 6.2 None shall transport Sheep beyond Sea without the Kings license in pain to forfeit them or the value thereof * II. Stat. 25 H. 8.13 None shall keep in his own possession at any one time above two thousand Sheep in pain to forfeit for every Sheep kept above that number 3 s. 4 d. to be prosecuted for a subject within one year and for the King within three but here Lambs shall not be accounted as Sheep till Midsummer twelve moneth after their fall III. If any happen to have more Sheep than two thousand by reason of any Executorship or marriage they shall not be impeached by this Law so that within one year after they put off so many that at the end of that year they may not have above two thousand Neither shall a child during his nonage nor any person for him be endamaged by this Act which child shall have by legacy above two thousand Sheep given him IV. Justices of Peace have power to hear and determine the offences committed against this Act but shall not set a less fine then is limited by the same V. Every temporal Subject may keep upon his own Demesne lands as many Sheep as he will or for the maintenance of his house above the number of two thousand notwithstanding this Act. VI. How Foulds courses and quillets of lands in Norfolk and Suffolk shall be used and to which quillets this Statute shall extend See the Statutes at large VII A thousand of Sheep meant by this Statute shall be accompted after the rate of six score to the Hundred VIII None shall take to Farm above two Farms together and they are to be scituate in the same Parish where he dwells in pain to forfeit 3 s. 4 d. for every week he takes the profits of them IX Spiritual persons shall keep Sheep as they have used to do notwithstanding this Act. ☞ Sheriff * I. Stat. De finibus levatis cap. 2. 27 E. 1. Sheriffs shall not be charged with any issues to be levied nor shall levy any before they pass out of the Exchequer being there delivered by the estreats of the Justices in which estreats every head shall be charged for issues forfeited like as of amerciaments II. If the Sheriff will charge himself with the issues of any Recognisor Pledg or Mainpernor who is not able to pay them the Sheriff shall be charged therewith in the Exchequer III. Sheriffs shall make talyes of all money received by them or their Officer in pain of great forfeitures And shall not return any Mainpernors Jurors or others except according to the tenor of the Kings Writ they be lawfully impannelled Neither shall they return any Freeman as pledges without their consent IV. A Baron and a Clerk of the Exchequer shall be sent once every year through every County of England to inquire the names of such as have paid the Green-wax that year and shall also view all such Talyes and enroll them as shall hear and determine complaints made against Sheriffs and their Clerks and Bailiffs that shall do contrary to the premises and the offenders shall be grievously punished V. Artic. sup Chart. 8. 28 E. 1. The
have Lands in the same County sufficient to answer the King and his people LXXXX Every Sheriff having obtained a Quietus est as by the Act 21. Iac. Ca. 5. he might the Sheriff his Heirs Executors Land and Tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgement given within 4 years after the same and every Officer by whose default any process shall be sent contrary to this Act shall incur the same penalty as aforesaid Provided this Act not to extend to the Counties of Chester Lancaster Durham or the Counties of Wales being Counties Palatines as to the manner of their accompting who are to accompt before the respective Auditors as formerly 2. Not to extend to enjoyn the Remembrancers to tranâ—tribe to the Engroser of the great Roll any Inquisitions or seisures but such as have been formerly charged in the forraign accompts of Sheriffs But Inquisitions upon attainders and other forfeitures to be put in charge as formerly 3. Nor to exclude his Majesties Remembrancer from writing forth process for his Majesties Debts Duties Outlawries or other charge or process of levari fac at any persons suit to levy Issues of Lands seised or venditioni exponas for goods for any debt to the King or upon Outlary or to alter any pleading touching the same 4. That no Debt Duty Fine Amercement or seisure charged in the great Roll of the Pipe by any Record in the Office of the Kings Remembrancer nor any proceeding thereupon be stayed compounded or discharged but by order or Judgment entred in the said Office of the Kings Remembrancer where the original of such debt or charge remaineth 5. If any the debts seisures fines or other be not levyed or payd upon process of summons of the Pipe the Clerk of the Pipe shall the next Terme after return of such process certifie the Office of the Kings Remembrancer who shall issue process for levying the same 6. Antient and lawful fees belonging to the Office of the Kings Remembrancer not abridged by this Act. The Act to continue to the end of the first Session of the next Parliament and no longer Ships I. Stat. 38 E. 3.8 No owner of a Ship shall forfeit the same for any small thing put thereinto without his knowledg not customed for II. Stat. 5 R. 2.3 None of the Kings Subjects shall export or import any Merchandize but only in Ships of the Kings allegiance in pain to forfeit all Merchandise otherwise conveyed or the value thereof whereof the finder shall have a third part of the Kings gift III. Stat. 6 R. 2.8 The Statute of 5 R. 2.3 shall onely have place where able and sufficient Ships of the Kings allegiance may be found otherwise the Merchants may hire other Ships the said Statute notwithstanding IV. Stat. 14 R. 2.6 English Merchants shall fraight within the Realm in English Ships and not in ships of strangers so as the owners of such English ships take reasonably for their fraights V. Stat. 4 H. 4.20 Pars indâ— All Merchandize imported and exported shall be charged and discharged in great Sea-Ports and not in creeks and small arrivalls in pain to forfeit to the King all Merchandize otherwise charged or discharged except any Vessell shall be driven into such small Creek by tempest VI. Stat. 15 H. 6.8 None shall ship any Wooll woolfels or other Merchandize pertaining to the Staple but only at the Keys and Ports assigned by the Statute where the Kings Weights and Woolls are set VII Every Master of a Vessel wherein such Merchandize is shipped shall give good security to the Customers there to transport the same to the Staple at Câ—lats and to bring a certificate thereof from thence saving to all Merchants of Jeanâ— Venice Tuscany Lombardy â—lorence and Catalâ—iâ— and to the Burgesses of Barwick their liberty formerly granted by Statute VIII Stat. 4 H. 7.10 No Gascoign or Guien-wine or Tholonse-woad shall be imported into this Realm but in English-vessels in pain to forfeit the same IX None shall fraight in any strangers ship any Merchandize to be imported or exported into or out of this Realm if he may have sufficient fraight in the same Port in a Denizers ship in pain to forfeit all Merchandize otherwise shipped to be divided betwixt the King and the seisor X. This Act shall not extend to any ship having Merchandize forced by tempest into any part within this Realm so as the owner thereof make no sale of such Merchandize within this Realm save only for necessary victual or repairing of the ship and tackle XI Stat. 32 H. 8.14 Gascoigne or Guian Wines or Tholouse-Woad may be imported into this Realm in any other ships as well as English notwithstanding the Statute of 4 H. 7.10 XII Stat. 1 El. 13. The Statute of 5 R. 2.3 and 4 H. 7.10 are made void XIII If any owner of any Merchandize shall in time of Peace embarque or unload any part thereof Mastraff Pitch Tar and Corn only excepted out of or into any other then an English bottom he shall pay custome for the Queen for the same as an alien XIV No English man shall cross the Sea with any Hoys or Plats in pain to forfeit the same to be divided betwixt the King and the prosecutor XV. Provided that Merchants at their several shippings of cloth or â—ooll out of the Thames to be twice in the year at the most may inâ—â—â—que Merchandize in a strangers ship so long as there are not English ships enough and convenient to convey such Merchandize â—â— Flanders Holland Zealand or Brabant without paying any greater custome than English men use to do Also Bristoll men shall do the like by reason of greater losses lately suffered by them XVI Stat. 5 El. 5. Any Subject may export out of this Realm without paying custome for the same But this Act was expired by the Queens death XVII None shall set price make restraint or demand toll of any Sea-fish imported into this Realm by any of the Queens Subjects in pain to forfeit the value of such fish so set price of restrained or tolled XVIII This Act shall not restrain the Inhabitants of Hull to take Toll and Custome according as is limited by the Statute of 33 H. 8.33 which see in Hull 1. Howbeit they shall not take liberty thereby to transport Herring or salt-fish XIX No Purveyor shall take any Sea-fish of any that shall take the same in any Subjects ship in pain to forfeit the double value thereof Howbeit Composition fish of people travelling into Ireland due to the Queen and other persons shall be paid as formerly XX. No Herring shall be bought of a stranger or out of his bottome being not sussicsently salted pickled and casked in pain to forfeit the same or the value thereof except such Vessell be driven in by shipwrack XXI No fish victual wares or things shall be transported in a strangers bottom from one Port to another within this Realm
in pain to forfeit the same or the value thereof XXII Hoys and Plats may cross the Seas as far as Cane in Normandy or Eastward as far as Norway notwithstanding the Statute of 1 El. 13. XXIII All Cod and Ling shall be brought into this Realm loose and not in barrel in pain to forfeit the same or the value thereof XXIV No Wine of the growth of France or any Woad of Tholouse shall be imported into this Realm in any other vessell then English in pain to forfeit the same according to the Statute of 4 H. 7.10 Only into Wales Rochel Wines may be otherwise imported XXV Owners of Ships and all others using the trade of the Sea-fishing or otherwise and every Gunner and Ship-wright may take Apprentices to be bound for ten years or under by Indenâ—â—re to be inrolled in the same Corporation if the Master dwell in â—â—e but if not in the next XXVI So much of the Statutes of 5 6. E. 6.14 which see in Forestallers and of all other Statutes as concerts the buying of Sea-fish unsalted or mud-fish or any wine oil or salt to be brought in an English vessell to any Port within this Realm shall be void XXVII None shall eat flesh upon dayes usually observed as fish dayes in pain of 3 l. or three months imprisonment without bail And they that wittingly suffer any such offence to be done in their house and do not discover it to an Officer that may punish it shall forfeit 40 s. XXVIII These forfeitures shall be divided into three parts whereof the Queen shall have one the poor of the Parish another and the informer the third XXIX Notwithstanding this Act licenses may be granted upon just causes on these conditions following v z. To a Peer or his Lady if he pay yearly for it to the poor of the Parish where he dwells 26 s. 8 d. To a Knight or his Lady if he pay 13 s. 4 d. and to any other infâ—râ—our person if he pay 6 s. 8 d. But here no license shall extend to the eating of Beef at any time or to the eating of Veal betwixt Michaelmas and May-day XXX The Minister of the Parish may grant a license to a sick person during the time of his sickness and if the sickness continue above eight dayes he shall in the presence of one of the Churchwardens register the same and have 4 d. for the registring of it But here if he grant the license without just cause he shall forfeit 5. Marks XXXI Wines shall be sold by retail at such prizes as shall be limited by the Queens Proclamation with the assent of such Lords and others as by the Statute of 18 H. 8.14 which see in Wines are authorized to set price on Wines in gross XXXII The Statute of 28 H. 6.19 which see in Captains ordained against souldiers shall extend to Mariners and Gunners XXXIII These offences shall be heard and determined as followeth viz. being committed upon the main Sea without the limits of the Cinque Ports by the Lord Admiral his Lievtenant or Deputies or by Justices of Oyer and Terminer according to the Statute of 28 H. 8.15 which see in Tryal but if without any Port and yet within the Jurisdiction of any of the Cinque Ports then by the Lord Warden of the Cinque Ports or his substitute or by Justices of Oyer and Terminer according to the Statute of 28 H. 8. Oâ—â—f in a Port or elswhere upon the main land then the Justices of Peace or other chief Officers in Sessions within their several Jurisdictions And here the tryal may be by the oaths of twelve men or otherwise by information And for levying the said forfeitures the said Officers and Justices may issue out Process at their discretion XXXIV The time limited for the prosecution of this Action is for a Subject six months and for the Queen a whole year XXXV Every such person licensed to eat flesh as aforesaid except for sickness age or other impediment shall have at his Table for every dish of flesh one dish of fish upon like pain as for eating flesh upon Fishdayes XXXVI If any shall by Preaching or otherwise avouch or notisy that any eating of flesh or forbearing of flesh is necessary for the saving of the soul or the service of God otherwise then as other politick Laws be shall be punished as a spreader of false news which see in News XXXVII Fishermen or Mariners shall not be compellable to serve as souldiers otherwise then as Mariners unless for some special exploit or to withstand an Invasion or subdue a Rebellion or bound so to do by tenure custome or covenant XXXVIII The Liberties and Rights of others are saved XXXIX Provided that no Fishermen using the Sea shall be taken by the Queens Commission to serve as a Mariner at Sea unless the said Commission be first brought by the Queens Taker to the two next Justices of Peace to the end they may choose and return such sufficient number of able men as in the same Commission shall be contained XL. The Liberties of the Cinque Ports and great Yarmouth are saved other then for buying of strangers and taking of toll as the same are before prohibited XLI This act shall not prejudice the authority or jurisdiction of the Lord Warden of the Cinque Ports XLII Wine may be imported into the Isle of Man and Chepstow in strangers bottoms not exceeding an hundred Tunn in one year in each of them notwithstanding this Act. The like may also be done in all other Ports of Wales besides the Rochel-Wines before permitted so as the quantity exceed not an hundred Tun in one year as before XLIII The Queens duties for the three hundred Tun mentioned in the last clause are saved XLIV The â—ord Admiral or his substitutes shall have no greater authority then they had before this Act save only for punishment of offences as aforesaid XLV Stat. 8 El. 3. None shall transport Sheep beyond Sea in pain to forfeit all his goods to suffer one years imprisonment and to have his hand cut off in some open Market and for the second offence to suffer death as a Felon XLVI This Act shall not extend to corruption of bloud or forfeiture of Dower XLVII Justices of Goal-delivery and of Peace have power to hear and determine this offence XLVIII The aforesaid goods forfeited shall be divided betwixt the Queen and the Prosecutor XLIX Stat. 13 El. 11. So much of the Statute of 5 El. 5. as concerns the transporting of Herring and Sea-fish by the Subjects born and for not paying of Custome for the same shall be revived so as it be ' n vessels with cross sails L. No vessel called Catch Mongers or Picard shall upon the coasts of Norfolk and Suffolk between the 14 of September and the 14 of November from Sun-setting to Sun-rising anchor upon the Main Sea or in the trade of fishing in pain to forfeit their vessel or the value thereof
Vessel than belonging to the places of France c. and manned as aforesaid shall be adjudged aliens goods and pay Custonis and Duty to the Town or Port where they shall be imported And all Masts Timber-boards c. of the growth of Spain Canary Islands Portugal Madera Western Islands Muscovy or Russia imported in any other Ships than of the said places And all Turky Commodities otherwise imported than as aforesaid shall pay Customes as Aliens goods LXXII Officers of the Custome may not allow any the Priviledges aforesaid to foreign built ships nor English built ships for forein goods without certificate and proof by oath taken before them and examination whether the Master and 3 fourths of the Mariners be English or of the Countrey from whence the goods come upon pain to forfeit their places LXXIII Proviso to exempt coming from the Straights or Levant though not of the very growth of the said places LXXIII Proviso Not to restrain the importing any East-India Commodities in English-built shipping manned with Mariners as aforesaid from usual places in those Seas to the Southward though not of the said growth LXXIV Proviso That the People of England Ireland Wales Guernsey and Jersey Islands and Berwick may bring in English Ships manned as aforesaid from any Ports of Spain or Portugol or Western Islands called Azores or Madera or Canary Islands all sorts of Commodities of their growth manufacture or Plantations LXXV Proviso Not to extend to Bullion or Goods taken by reprisal by any Ship of England Ireland Wales Guernsey Jersey Islands or Berwick Navigated as aforesaid and having Commission from the King LXXVI Proviso Not to extend to lay Aliens duties upon Corn and certain other goods of Scotland imported in Scotch Ships Navigated by 3 fourths of the Kings Subjects nor to Seal Oyls of Kussia LXXVII Proviso Imposing duties upon certain French Ships to continue so long as a certain duty of 50 Soulz per Tun upon English by the French shall be payable and 3 months after and no longer LXXVIII Sugars Tobacco Cotton Wooll Indico Ginger Fustick or other dying Wood of the production of America Asia or Africa shall not be shipt or conveyed from any the said Plantations but such other as belong to the King or to England Ireland or Wales and there laid on shore upon pain of forfeiture one moity to the King the other moity to the Informer LXXIX Ships of England Ireland or VVales sailing to any English Plantation in America Asia or Africa shall give sufficient sureties to bring goods there laded into England Ireland VVales or Berwick upon Tweâ—d And likewise Ships coming from other Plantations shall give the like Sureties and shall bring Certificates to the respective Governors of the said Plantations from the Officers of the Custome-House of England c. of their having given suâ—h Bonds upon pain of forfeiture of the Ships offending their Goods Tacklings c. And the said respective Governors to return the Bonds so taken twice every year to the chief Officers of the Custome-House of London LXXX Stat. 13 Car. 2. cap. 9. Articles to be observed for the Publique Worship of God punishing certain offences and for the regulating and better governing of the Kings Navies Ships of War and Forces by Sea And impowring the Lord Admiral to grant Commissions to call Court-Marshals LXXXI All faults misdemeanors and disorders committed aâ— Sea not mentioned in the Act to be punished according to the Laws and Customs in such cases used at Sea LXXXII Proviso Not to extend to give the Lord Admiral of England or other his Officers any other Power Jurisdiction or Authority then they ought to have before this Act other then touching the said offences mentioned in the said Articles done upon the main Sea or in Ships or Vessels in the main stream of great Rivers only beneath the Bridges nigh the Sea within the Jurisdiction of the Admiralty and committed only by such persons as be in actual service and pay in the Kings Fleet or Ships at Sea LXXXIII Stat. 16 Car. 2. cap. 7. An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to his Majesties Navy Royal. Vid. the Act being but upon continuance for two years from the First of June 1664. And from thence to the end of the next Session of Parliament LXXXIV Stat. 16 Car. 2. cap. 8. An Act to prevent the delivering up of Merchants ships to Pyrats and Sea-Rovers having sufficient to defend themselves Vid the Act being but upon Continuance for 3 years and from thence to the end of the next Session of Parliament and no longer Silk * I. Stat. 19 H. 7.21 None shall bring or cause to be brought into England any Silk wrought by it self or with other stuff out of England in Riband Laces Girdles Corses Calles Corses or Tissues or Points in pain to forfeit the same or the value thereof to be divided betwixt the King and the seisor or prosecutor But all other Silk both wrought and raw may be imported and sold at pleasure II. Stat. 14 Car. 2. cap. 15. An Act incotporating and for regulating ordering and managing the Trade and Mystery of Silk-throwing See the Act. Southampton I. Stat. 11 H. 7.5 Every man may pull down the Wears and Engines in the Haven of Southampton between Calshord and Rebridge And whosoever levieth any other there shall pay 100 l. to the King II. Stat. 14 H. 8.13 A confirmation of 11 H. 7.5 and the same made perpetual III. Stat. 4 Jac. 10. An Act was made for the confirmation of some part of a Charter granted by H. 6. to the Mayor Bailiffs and Burgesses of Southampton and for the relief of the Town See the Statute at large Spice I. Stat. 1. 19 Jac. 19. All Spice Drugs and other Merchandize Garbleable shall for the fees usually allowed be sufficiently cleansed and Garbled and afterwards sealed by the Garbler thereto appointed or his Deputy before they be sold in pain to forfeit them or the value thereof Also such as after Garbling shall be again mixed with Garble shall likewise be forfeit II. It shall be lawful for the said Garbler to search in Shops Cellars Ware-houses and other places for wares ungarbled and if he find any such to cause them to be Garbled III. The forfeitures of this Act are to be divided betwixt the King and the prosecutor IV. Spices or other Garbleable Merchandize imported and afterwards within eight months exported without being sold or Garbled shall not be within the danger of this Act. Spiritual Laws I. Stat. 13 El. 12. Every Spiritual person under the degree of a Bishop pretending to be a Priest or Minister of the Word by any other form of Institution or Consecration then that established by E. 6. or now used shall before Christmas next in the presence of the Bishop or Guardian of the Spiritualties of the Diocess where he hath his Benefice declare his assent and subscribe to the Articles of Religion
unless his Ancestors have done it before the said voyage III. Such as be at a suit-fine shall be free from suit paying their Fine IV. The Parcenor having the eldest part shall do suit for his or her fellows and the rest shall be contributary V. Also one Joynt-tenant or Tenant in common shall do the suit and if there be no mean to acquit him the rest shall contribute VI. If a Lord distrain for suit not due the parties upon complaint shall have an attachment against the Lord to appear in the Kings Court at a short day when one only Essoin shall be allowed and the distress shall be delivered to the Plaintiff and there remain untill the Plea be determined VII If the Lord appear not at the day the Sheriff shall have command to distrain him by his goods and to have his body before the Justices at another day when if he appear not the Plaintiff shall go without day and the distress shall remain with him untill the Lord have recovered and in the mean time no more distresses shall be made saving to Lords their right to recover their suits when they will sue for them But here if the Lord be convict he shall allow the Plaintiff damages VIII Like Justice shall be done to Lords against Tenants that withdraw their Suits as to limiting of days and awarding of distresses and damages also if they recover but Lords shall not recover seisin of such Suits against their Tenants by default as they were wont to do And as concerning suits withdrawn before the time above-mentioned let the Common Law run as it was wont to do Swans I. Stat. 22 E. 4.6 None but the Kings Son shall have any mask or game of Swans of his own or to his use except he have Lands and Tenements of Freehold worth five Marks per annum besides reprises in pain to have them seised by any having lands of that value to be divided betwixt the King and the Seisor ☞ Swearing and Cursing * ☞ I. Stat. 21 Jac. 20. If any shall swear or curse within the hearing of a Justice of Peace or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice he shall forfeit 12 d. to the use of the poor where the offence shall be committed to be levied by the Constable Church-wardens and Overseers of the Poor there upon warrant from such Justice by distress and sale of goods and in default of distress if the offender be above 12 years old he shall upon warrant as aforesaid be set in the stocks 3 hours but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if the Officer be sued for the due execution of his Office he may plead the general issue and yet give special matter in evidence III This offence shall be complained of and proved as aforesaid within 20 days after it is committed And this Act shall be read in the Church twice in the year upon Sunday after Evening-Prayer Tail I. West 2.1 13 E. 1. WHere Lands are given to a man and the heirs of his body or to husband and wife and the heirs of their two bodies upon condition That if such man or such husband and wife die without issue that then the land should revert to the Donor or where land is given in frank-marriage and such a condition is conceived to be annexed or implied In all such cases heretofore the Feoffees after issue had had power to Alien and to dis-inherit the issue contrary to the mind of the Donors Wherefore now it is ordained That the Will of the giver according to the form in the Deed of Gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition shall have no power to alien the land so given but it shall remain to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England nor the issue of such second husband and wife shall succeed in the inheritance but immediately after the death of the husband and wife unto whom the land was given it shall return unto the issue of the giver or his heirs as aforesaid II. Hereupon a new Writ of Formedon in descender is granted in this form Praecipe A. quod juste c. reddat E. Manerinm de F. cum suis pertinentiis quod C. dedit tali viro tali mulieri haeredibus de ipsis viro muliere exeuntibus or thus Quod C. dedit tali viro i◠liberum maritagium cum tali muliere quod post mortem praedictorum viri mulieris praedicto B. filio corum viri mulieris descendere debeat per formam donationis praedictae ut dicit c. vel Quod C. dedit tali haeredibus de corpore suo exeuntibus quod post mortem illius talis praedicto B. filio praedicti talis descendere d beat per formam c. III. This Act shall extend to gifts hereafter to be made and not to gifts heretofore made and a Fine hereafter to be levied upon such lands shall be void in Law Neither shall the heir or reversioner albeit they be of full age in England or out of prison need to make their claim But this Law concerning a Fine is in some sort altered by 32 H. 8.36 which see in Fines Taxes Tenths Fifteens Benevolences Ship-money I Stat. 25 E. 1. Certain Taxes then before taken shall not be taken in custome but by the common assent of the Realm except antient Aids and Taxes II. Stat. De Tallagio non concedendo cap. 1. Temp. E. 1. No tallage or aid by us or our heirs shall be levied without the will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free Commons of our Realm III. Stat. 1 E. 3. Stat. 2. cap. 6. Whereas after Taxes rated levied and paid into the Exchequer Commissions of review issued out by colour whereof the Justices thereto assigned took Fines of the Taxers and others it is ordained That from henceforth the people shall be taxed after the old manner and not otherwise IV. Stat. 11 R. 2.9 No imposition or charge shall be put upon Wooll Leather or Woolfels other than the Custom and Subsidy granted to the King in this present Parliament and if any be the same shall be annulled saving always unto the King his ancient right V. Stat. 9 H. 4.7 Goods shall be chargeable towards the payment of Tenths or Fifteenths in the place where they were at the time the same were granted howbeit none shall be twice charged for his goods VI. Stat. 1 R. 3.2 The Subjects of this Realm shall not be hereafter charged by any
Tile before the first of March and shall likewise be tryed and severed from stones malne marle and chalk II. A plain Tile shall contain in length ten inches and an half in breadth six inches and a quarter and in thickness half an inch half a quarter at least A roof or cross-tile in length thirteen inches and in thickness as before with convenient deepness accordingly a gutter and a corner-tile in length ten inches and an half with convenient thickness breadth and deepness III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by Action of debt and besides shall make fine and ransom at the Kings will IV. Justices of Peace shall hear and determine these defaults and effences as well at the suit of the King as of the party grieved and shall not set less fine upon an offender against this Act then after the rate of 5 s. for every thousand of plain Tile 6 s. 8 d. for every hundred of roof-tile and 2 s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in pain to forfeit to the King for every default 10 s. and shall have of every Tile-maker for such search after the rate of 1 d. for every thousand of plain Tile ob for every hundred of roof-tile and qu. for every hundred of corner and gutter-tile and shall make presentment of all defaults found at the next Sessions which shall be as effectual in Law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of Peace have also power to hear and determine in the defaults of the said searchers Tindale Ridesdale and Examshire I. Stat. 2 H. 5.5 If any person of Tindale or Examshire commit any murder treason manslaughter or robbery or consent thereunto out of the said Franchises Process shall be made against him until he be outlawed and after outlawry returned the Justices before whom it is so returned shall make certificate thereof to the Ministers of the said Franchises who shall take such Felons and seize their lands and tenements into the hands of the Lords of the same Franchises as forfeit but their lands and tenements out of those Franchises shall be seized to the use of the King and other Lords having Franchise there as forfeit saving to the King the forfeitures of such offenders which to him belong in right of his Crown II. Stat. 9 H. 5.7 The Statute of 2 H. 5.5 made against offenders in Tindale and Examshire shall be extended against the like offenders in Ridesdale III. Stat. 11 H. 7.9 The North and South-Tindale and all the lands within the same shall be guildable and parcel of the County of Northumberland and no Franchise shall be there but all the Kings Writs and Officers shall be there obeyed IV. None shall demise any lards for years life or at will there but the Lessor shall before find two sureties having at least 40 s. per annum within the County of Northumberland to be bound by Recognisance in 20 l. to the King to make answer within 8 days warning to all such offences as aforesaid And the Lessor shall forfeit 40 s. for every acre otherwise let to the King and Justices and such Lease shall be void The Justices of Peace also shall inquire of such Recognisances forfeited See the Statute at large ☞ Tithes * I. Stat. pro Clero 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge saving to him his right II. Stat. 1. R. 2.14 Where in an Action of goods carried away the Defendant maketh his title for Tithes due to his Church in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel III. Stat. 5. H 4.11 The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes where the lands in farm do lie notwithstanding they be seised into the Kings hands or any prohibition made to the contrary ☞ IV. Stat. 27. H. 8.20 If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace 1. qu. of any contumacie or misdemeanour committed by a Defendant in any suit there depending for Tithes the said Justices shall commit such Defendant to prison there to remain till he shall find sufficient surety to be bound before them by Recognisance or otherwise to give due obedience to the Process Proceedings Decrees and Sentences of the said Court V. This Act shall not extend to any Citizen of London neither shall it restrain any person from having their defence and remedy according to the Ecclesiastical Laws and the Laws and Statutes of this Kingdom VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint shall have established the Ecclesiastical Laws for the Church of England after which time Tithes shall be paid according to those Laws and not otherwise * VII Stat. 28 H. 8.11 The year in which the first-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice and the Tithes and other profits of any such Benefice arising during the time of the vacation shall belong to the Presentee or his Executors towards payment of the first-fruits which if any Archbishop Bishop or other hinder him to have he shall forfeit the treble value thereof to be divided betwixt the King and such incumbent Howbeit such Archbishop Bishop Ordinary or other officer shall be allowed the charge of the Cure and of inning Tithes and other profits VIII Here also the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands IX But the successor upon a months warning shall have the Parsonage-house and the Glebe not sowen X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate the next incumbent shall do it within 14. days after his induction ☞ XI Stat. 32 H. 8.7 All persons shall duly set forth and pay all Tithes and Offerings according to the custom of the places where they grow due XII If Tithes or Offerings be not so set out and paid the party grieved may convent him that so detains them before the Ecclesiastical Judge who hath power to hear and determine the matter in question ordinarily or summarily according to the Ecclesiastical Laws and to give sentence thereupon accordingly XIII Here if any of the parties appeal the Judge upon such appeal shall adjudge to the other party reasonable costs and compel the Appellant to satisfie them by Process and censures Ecclesiastical taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him
execution of this Law in pain of 5 l. and to be bound to the good behaviour VII None shall transport such a Rogue out of Ireland Scotland or the Isle of Maâ— being born in any of these places in pain to forfeit 20 s. to the use of the poor where he lands And if any then shall be hereafter found in England or Wales they shall suffer punishment and be conveyed the next way home as aforesaid or in case they came by Sea to the place where they landed from whence they are to be transported at the charge of that County to the place from whence they came VIII No impotent poor person shall pass to the Bath or Buxton without being licensed to pass by two Justices of Peace where they dwell and provided with relief both for their journey and abode there and shall also return within the time limited by their license in pain to be reputed and punished as Rogues and the City of Bath or Town of Buxton shall not be chargeable with any such IX Justices of Peace of the Counties shall not intermeddle in Cities or Corporations but only the Officers of the same who shall have like power there as the said Justices have in Counties X. This Act shall not extend to restrain the power which the City of London hath in the Government of Saint Thomas Hospital in Southwark or to prejudice any jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XI The forfeitures and fines which shall accrue by this Act other then that above otherwise limited shall be imployed for the maintenance of houses of Correction or the relief of the poor where the offence shall be committed at the discretion of the said Justices of Peace and may be levied by warrant under the hands and seals of two Justices of Peace by distress and sale of goods And here the confession of the offender or proof by two witnesses before two such Justices shall be sufficient conviction XII Two Justices of Peace one of Quorum shall have full power to hear and determine all causes which may come in question by reason of this Act. XIII The Lord Chancellor or Keeper for the time being shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of Correction stocks for poor or other such like uses XIV A Seafaring-man suffering shipwrack not having wherewithal to relieve himself and having a Testimonial under some Justice of Peace his hand and seal near the place where he landed declaring the time and place of his landing the place of his dwelling or birth unto which he is to pass and the time limited for his passage may in the direct way home and within the time so limited for his passage ask and receive necessary relief without incuring the penalties of this Act. XV. This Act shall not extend to children under seven years old nor to glass-men which travel without begging by licenses under the hands and seals of three Justices of Peace one Quorum of the County through which they travel XVI Stat. 39 El. 17. Wandring Souldiers and Mariners and all others wandring as Souldiers or Mariners which will not settle themselves to work or have not a Testimonial under the hand of some one Justice of Peace near the place of their landing setting down the place where they landed the place whither they are to pass and the time of their passage or having a Testimonial exceed the time therein limited above fourteen days or counterfeit Testimonial or produce one which they know to be counterfeit shall in all these cases suffer as Felons without benefit of Clergy XVII Justice of Assize Goal-delivery and of Peace in their Sessions have power to proceed against these offenders as in case of Felony without Clergy unless some sufficient man allowed by the Justices will enter into Recognisance of 10 l. to the Queen to retain the offender for one whole year and to bring him to the next Sessions of Peace and Goal-delivery after the year ended And if he within the year depart that service without license he shall afterwards suffer as a Felon without Clergy XVIII Souldiers and Mariners which fall sick in their passage home shall be excused though they exceed the time limited in their Testimonial so that they perform this Act in convenient time after their recovery XIX If when they come home they cannot get work the two next Justices upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole Hundred for their relief untill work may be had XX. The Souldier or Mariner licensed by a Justice of Peace to whom he shall make his poverty known having not wherewith to bear his charges home may ask and take relief so it be in his direct way home and within the time limited by his license XXI These offences shall cause no corruption of blood XXII Stat. 1 Jac. 7. Noble Personages shall authorize none to go wandring abroad and Glass-men shall be reputed and used as Rogues notwithstanding the Statute of 39 El. 4. XXIII Instead of banishing an incorrigible Rogue or committing him to the Gallies as was ordained by 34 El. 4. he shall in open Sessions be branded in the left shoulder with a burning iron having a great Roman R. upon it as broad as a shilling And from thence shall be sent to the place of his last dwelling if that cannot be known to the place of his birth After which time if he offend again he shall suffer as a Felon without benefit of Clergy XXIV Every person that seeth or knoweth any Rogue to beg shall convey or cause him to be conveyed to the next Constable or Tything-man in pain of 18 s. to be levied and imployed as the forfeitures of 39 El. 4. and in default thereof then by the Lord of the Leet or his officer in like manner as the persons authorized by the said Statute should have levied and imployed the same And here also if the Constable or Tything-man do not punish him according to that Statute he shall forfeit 20 s. to be also levied and imployed as by the same Statute is appointed XXV This Act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XXVI Stat. 7 Jac. 4. There shall be an house of Correction provided in every Shire to set Rogues and other idle people to work XXVII The Justices in Sessions shall from time to time appoint a Governour for the said house who shall have power to set such Rogues and idle people to work and to punish them by moderate whipping or putting fetters or gives on them which rogues and idle persons shall not be chargeable to the Country nor have other allowance than what they shall deserve by their own labour XXVIII The said Justices shall at least twice every year within their several divisions and oftner if
intent to put the Defendants from their law that the same was found before their Apprentices or servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the Defendants to their law or to try the same by Inquest ☞ Wales I. The second Volume of the Book of Old Statutes is a long Act made Anno 12 E. 5. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated and united to England and there you shall also find many good Laws concerning the division of Wales into Counties Trials and Division of Actions together with divers forms of Writs and the proceeding thereupon much like to the Laws of England For all which see there that Act at large II. Stat. 28 ◠3.2 All Lords of the Marches of Wales shall be perpetually attending and annexed to the Crown of England as they and their Ancestors have been in times past and not to the Principality of Wales in whose hands soever the same shall come III. Stat. 9 H. 4.4 No Thief or Felon in Wales openly known shall be suffered to disclaim out of the Seigniory where the Felony was committed But such manner of disclaimer shall be from henceforth utterly put out and such Thieves shall be put to answer to Indictments and other accusations in the Seigniory where they are taken without being delivered by disclaiming or Letters of Marque IV. Stat. 2 H. 5. Stat. 2.5 If a Welsh-man that doth forcibly take and detain an English-man until he be ransomed will not upon process awarded against him by the Justices appear and answer the same untill he be outlawed the Justices shall certifie the same under their seals to the Officers of the Seigniories where such outlaw is who shall apprehend and do execution upon him according to the Law But this is now altered by 27 H. 8.26 which see after V. Stat. 26 H. 4.8 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this such◠Keeper shall observe in pain to be imprisoned and fined at the discretion of the Court. VI. Here if the Jurors give any untrue verdict against the King contrary to good and pregnant evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretions VII ☞ Stat. 26 H. 8.6 All persons dwelling in VVales or the Marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such Fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs VIII If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the custom of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compell him by imprisonment to pay such fines and penalties both to the King and the party grieved IX None in VVales or the Marches thereof coming to any Sessions or Court there shall bring or cause to be brought thither or to any other place within two miles thereof or to any Town Church Fair Market or other Congregation except upon a Hue and Cry or into the High-way affray of the Peace of the Kings People any Bill Low-Bow Cross-bow hand-gun Sword Staff Dagger Halbert Morespike Spear or any other Weapon Privy Coat or Armour in pain to forfelt the same unless it be by the command or license of the Justices a Steward or other Officer or of the Commissioners or Council there X. None without the Commissioners license in writing shall there or in the Counties thereto adjoyning require or levy any Commorth Bydal Tenants Ale or other collection or exact any money goods or other thing under colour of marriage or suffering of their children saying or finging their first Masses or Gospels of any Priests or Clerks or for the redemption of any murder or other felony or for any other cause whatsoever or shall make or procure to be made any games of running wrastling leaping or any other games the game of shooting only excepted in pain to suffer a years imprisonment and to be fined at the discretion of the Commissioners who shall by this Act have power to hear and determine the said offences Neither shall any cast any Arthell into any Court there by reason whereof it may be letted or discontinued at that time in pain to suffer a years imprisonment XI Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint XII Justices of Peace and Goal-delivery in the Counties next adjoyning to VVales where the Kings Writ runneth may hear and determine the offences of counterfeiters washers clippers or diminishers of Coin and all felonies and their accessaries committed in VVales or the Marches thereof And acquittal or fine making for any of the said offences in any Lordship marcher shall be no barr for any person or persons indicted for the same within 2. years next after such offence committed XIII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the offender is resiant a Certificate under the seals of two of them at least of any such outlawry or attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such offender and safely to keep him untill such convenient time before the next Goal-delivery of the
County where he was so outlawed as shall be thought fit for his conveyance thither and then he shall be conveyed from marcher to marcher by the Lords or Officers thereof to the said next Sessions of Goal-delivery of the County where he was so outlawed as aforesaid And here the Lords marchers and Officers aforesaid by whom he is so to be conveyed shall not be negligent herein in pain to forfeit each of them so making default 100 l. to be levied to the Kings use Also the said Lords or other Officers shall at the said Sessions make due return of such Certificate upon the like pain Howbeit here all traverses challenges exceptions advantages and all other Pleas upon any such outlawry are saved to the offender XIV Here an offender attainted of Felony as Principal or accessary upon surety found for the good behaviour may for one time only by the assent of the President and two Commissioners be discharged and admitted to a Fine to be levied for the King's use so as no appeal be then depending against him for such offences XV. Provided That this Act shall not extend to abridg the liberty of any Lord Marcher unless such offender be outlawed or attainted by force of this Act within two years after the offence committed XVI All Felonies and their accessaries committed in the County of Merioneth shall be inquired heard and determined in the Counties of Carnarvan or Anglesey before the Justice of North-Wales or his Deputy by Enquest of Carnarvan and Anglesey or otherwise at the discretion of such Justice or his Deputy XVII All Officers and their Deputies upon command of the Commissioners or Council shall bring send or deliver every offender in Felony to the Officer of the Lordship marcher or other place where the offence was committed upon the bounds of such Lordship or to the said Commissioner or Council as such Officers shall be commanded in pain of 40 l. which command shall be sent by a Serjeant at Arms or a Pursuivant then attendant upon the said Council XVIII ☞ Stat. 27 H. 8.7 All the Kings Subjects and friends may pass freely on horseback or on foot and with Cattel Wares or otherwise through all or any of the Forests in Wales without payment of any unlawful exactions or suffering any other damage whatsoever And no Forester or other shall commit any such offence in pain to be tryed for the same as Robbers before the Justices of Peace of the Shire adjoyning XIX Cattel which stray into any Forest there and are challenged within a year and a day by the right owner shall be re-delivered unto him upon demand and if the Forester or other officer or farmer there refuse to re-deliver them they shall forfeit to such owner double the value of such cattel and he may have an Action of Detinue for the recovery of them to be tryed in the County next adjoyning in which action like Process of outlawry shall be had as in an Action of Trespass at the Common Law XX. Stat. 27 H. 8.26 Wales shall be incorporated united and annexed to and with England and all persons born there shall enjoy all Liberties as other Subjects in England do also Lands shall descend there according to the English Laws and not after the form of any Welsh Laws or Customs XXI The Laws and Statutes of this Realm and none other shall be had and used and executed in Wales in like manner as in this Realm and as shall be farther declared by this Act. XXII Divers Lordships Marchers are united to English Counties others to Welsh Counties and the residue are divided into new particular Counties by themselves viz. Monmouth Breknoke Radnor Mountgomery and Denbigh XXIII The County of Monmouth shall consist of these Lordships Townships Parishes Commotes and Cantredes viz. Monmouth Chepstow Maberne Llannihangel Magor Goldecliff Newport Wenlong Ilanwerne Caerlion Uske Trelecke Tinterne Skinfreth Grousmount Wïtecastle Raglan Calicote Biston Abergavenny Penrose Greenfield Maghen and Hochuystade all which said places shall be hereafter guildable and reputed as parts and members of the County of Monmouth whereof Monmouth shall be reputed the Shire-town And the Sheriff of the County shall keep his County-court at Monmouth and Newport alternis vicibus XXIV All Actions for lands and other things may be laid and sued in the County of Monmouth and tried there by Assize or Nisi prius and Venire facias and all other process may be awarded thither by the Justices Also the Inhabitants there shall be obedient to the Kings Officers and Laws and the Sheriffs and Escheators of that County shall perform their duties and render account in the Eschequer as is used in or for any other County of England XXV The Lordships Towns c. to be reputed members of Breknoke-shire shall be Breknoke Creckehowel Tretoure Penkelly English Talgarth Welsh Talgarth Dians the Hay Glincbogh Broyulles Canterbely Lando Blainlilby Estrodew Buelthe and Iingros Also the Shire-town shall be Breknoke and the Shire-court shall be kept there XXVI The Lordships Towns c. of Radnorshire shall be New Radnor Elisherman Elvelles Bonghred Glosebury Glawdistre Mihelles Church Meleneth Blewagh Knighton Norton Preston Commorhader Rayder Gwethronyon and Stonage Here also New Radnor shall be the Shire-town and the County or Shire-court shall be holden at New Radnor and Rother Gwy in the same County alternis vicibus XXVII Those of Mountgomeryshire shall be Mountgomery Cedwenkery Cawryland Arustely Kiviliocke Doythur Powesland Clunestand Balesle Tempcester and Alcestre Whereof Mountgomery shall be the Shire-town and the County-court shall be holden there and at Maghenteth in the same County alternis vicibus XXVIII Those of Denbighshire shall be Denbyland Ruthin Saint Kiynllethowen Bromfield Yale Chirk Chickland Molesdale and Hopesdale The Shire town also shall be Denbigh and the County-court shall be holden at Denbigh and Wrexham in the said County alternis vicibus XXIX The King shall yearly appoint Sheriffs Escheators and other Officers accomptants for the Counties for Breknoke Radnor Mountgomery and Denbigh and shall have a Chancery and Exchequer at Breknoke where the said Officers of the Counties of Brekenoke and Radnor shall yearly accompt before such Auditors Chamberlain and Baron as the King shall appoint for that purpose There shall be also another Chancery and Exchequer at Denbigh where the said Officers of the Counties of Mountgomery and Denbigh shall also accompt before such Auditors Chamberlain and Baron as aforesaid XXX Justice shall be administred and executed in the Counties of Breknoke Radnor Mountgomery and Denbigh according to the Laws and Statutes of England and such other customs and laws now used in Wales as the King and his Council shall allow by such Justice or Justices as shall be thereunto appointed by the King and after such manner as Justice is administred in the Counties of North-wales XXXI In the marches of VVales there shall be made guildable and annexed to the County of Salop the Lordships Towns Parishes Commotes Hundreds and Cantredes of
Oswestrie VVhetington Masbrâ—ke Knoking Ellesmer Down and Cherbury Hundred Here also Oswestrie VVhetington Masbroke and Knoking shall be known by the name of the Hundred of Oswestrie and the Inhabitants thereof shall be attendant at Sessions Assizes and Goal-delivery as the Inhabitants of other hundreds within the said County of Salop use to do Also Ellesmer cum membris shall be united to the Hundred of Pimhill in Com. Salop and the Inhabitants thereof shall be attendant as aforesaid Likewise the Lordship of Down cum membris shall be united to the Hundred of Cherbury in Com. Salop and the Inhabitants thereof shall give their attendance as aforesaid Howbeit neither the said Hundreds of Cherbury or Oswestrie nor the Lordship of Ellesmer shall be hereby otherwise priviledged than as Hundreds annexed to the County of Salop as other Hundreds be within the said County XXXII In like manner the Lordships Towns Hundreds c. annexed to the County of Hereford are Ewyas Lacy Ewyas Harold Clifford Winsorton Yerdesley Huntington Whitney Wigmore Logharneis and Stepluton whereof Wigmore and Loghaâ—neis with their members shall be called the Hundred of Wigmore and Ewyas Lacy cum membris the Hundred of Ewyas Lacy but Ewyas Harold shall be united to the Hundred of Webtree in Com. Hereford and Clifford Winforton Yerdlesley Whitney and Huntington shall be called the Hundred of Huntington Here also the Inhabitants shall be attendant at Sessions Assizes and Goal-delivery holden for the County of Hereford but these Lordships c. shall claim no priviledge but as Hundreds or members of Hundreds of the same County XXXIII Likewise the Lordships Towns and Parishes of Wollaston Tidman and Becheby and all Honours Lordships Castles Lands Tenements and Hereditaments lying between Chepstow-Bridge and Glocestershire shall be annexed to the County of Glocester as parâ— thereof and shall be parcel of the Hundred of Wesebury in that County Also the Inhabitants thereof shall be attendant as aforesaid and shall claim no priviledge but as Hundreders of the Hundred of Wesebery aforesaid XXXIV Gowerwilney Bishops town Landaffe Signithe supra Signithe subtus Miskin Ogmore Glencothney Tallagarn Ruchien Tallavan Lambelthion Lantwid Tyerial Avan Neth Landway and the Clays shall be Guildable and united to the County of Glâ—morgan and justice shall be administred in Glamorganshire so united according to the Laws of England as in the three Counties of North-Wales and not according to the Welsh Laws XXXV Lanemthevery Abermeles Redwely Elkenning Cornwolthon Newcastle Emlin and Abergoyly shall be Guildable and annexed to the County of Caermarthen where also Justice shall be administred as aforesaid XXXVI Haverfoâ—d west Kilgaraâ— Lansteffan Langherne alias Tellanghern Walwinscastle Dewis-land Lanny haddein Lanfrey Herberth Slebeche Rosmarket Castellan and Lland of Loure shall be Guildable and annexed to the County of Pembroke wherein Justice shall be administred as aforesaid XXXVII Tregarn Generglin Landwy and Urency shall be Guildable and united to the County of Cardigan and there also justice shall be administred as aforesaid XXXVIII Mountway shall be Guildable and annexed to the County of Merioneth in North-Vales as a commote or part thereof XXXIX All Justices Commissioners Sheriffs Coroners Escheators Stewards and their Lievetenants and all other Officers and Ministers of Law shall proclaim and keep Sessions Courts Hundreds Leets County-Courts and all other Courts in the English tongue and all oaths of Officers Juries and Enquests and all Affidavits Verdicts and Wagers of Law shall be given and done in the same tongue XL. None that use the Welsh language shall have or injoy any office or fees in any of the Kings Dominions but shall forfeit them unless he use the English XLI The Sheriffs of Monmouth Breknoke Radnor Mountgomery and Denbigh shall put every unruly person under common Mainprize as the Sheriffs of the three Counties of North-VVales use to do XLII The Sheriff of Monmouth shall certifie such recognizances common mainprize and surety of apparence at every quarter-Sessions of that County and the persons so bailed shall appear at the two Sessions holden at Easter and Michaelmas until they be released XLIII The Sheriffs of Breknoke Radnor Mountgomery and Denbigh shall certifie such recognizances c. before such Justice as the King shall appoint at every Sessions to be holden in the said Counties XLIV All persons under bail for appearance in the Counties of Breknoke Radnor Mountgomery Denbigh Glamorgan Caermarthen Pembroke and Cardigan either by the Sheriffs or Justices of those Counties shall appear before the said Justices at every Sessions as is used in the three Counties of North-VVales XLV The lay and temporal Lords Marchers shall have the moity of every such recognizance forfeited within their respective Precincts to be paid them by the Sheriff if he can levy them who is also to answer the other moity to the King in the Exchequer upon his account XLVI The Lord Chancellor shall forthwith after this Parliament direct a Commission under the great seal for the division of the Counties of Caermarthen Pembroke Cardigan Monmouth Brekenoke Radnor Mountgomery Glamorgan and Denbigh into convenient Hundreds to be returned into the Chancery and there to remain of Record which shall be of like force as an Act of Parliament XLVII Commissions also shall issue forth to inquire after the Welsh Laws and Customs and such of them as shall be thought fit by the King and Council to be continued shall stand and be in full force notwithstanding this Act. XLVIII Two Knights for the County and one Burgess for the Burrough of Monmouth shall be chosen to serve in Parliament XLIX Also one Knight shall be chosen for each County of Breknoke Radnor Mountgomery and Denbigh and for every other County in VVales and for every Burrough being a Shire-town except the Shire-town of Merioneth one Burgess L. The said Knights and Burgesses shall be elected and enjoy like priviledges and fees as Knights and Burgesses of England And the Knights fees shall be levied of the Commons of each County and those of the Burgesses as well of the Shire-towns whereof they be Burgesses as of all other ancient Burroughs within the said respective Counties LI. All Lords Marchers shall enjoy all such liberties mises and profits as they had or used to have at the first Entry into their lands in times past notwithstanding this Act. LII The Laws and Customs of the three Counties of Northwales and of the County Palatine of Lancaster are saved LIII This Act shall not extend to derogate any other Act heretofore made for the trial of treason murther or felony or accessaries thereunto committed in any Lordship Marcher in VVales or in any Court of England next adjacent thereunto LIV. Lands by the Custom partable amongst males shall so continue notwithstanding this Act. LV. The King hath power within three years to suspend or repeal this Act As also within 5 years to erect as many Courts of Record or others and to appoint as many Justices and other Officers in VVales as
be of as good force as the orignal record it self CLIX. The Justices Clerks may write out and enroll the said Records but shall not carry them out of their offices CLX No Fine or Recovery heretofore levied or suffered shall after exemplification be amended CLXI This Act shall not prejudice the heirs of Sir Edward Gray Knight Lord Powis or Sir Edward Herbert Knight his heirs or assigns or Henry Vernor or John Vernor Esquires their heirs or assigns concerning any fine levied or recovery suffered by or against the said Lord Powis of Lands in the County of Mountgomery Nor to Henry now Earl of Kent concerning any lands in Wales whereunto he pretends title Walsingham I. Stat. 35 H. 8.13 The Demesne Lands in Walsingham belonging to the late Priory there may be let by Copy and shall hereafter be Copyholds Wapping-Marsh I. Stat. 35 H. 8.9 An Act for the Partition of Wapping-Marsh Wards I. Magna Charta 3. 9 H. 8.9 The Lord shall take homage of the heir within age before he have the Wardship and such heir after he hath been in ward shall at his full age of 21 years have his Inheritance without relief or fine and if the heir within age be made a Knight yet his Land shall remain in Ward untill his full age aforesaid II. Magna Charta 6. 9 H. 3. Heirs shall be married without disparagement III. Magna Charta 27. 9 H. 3. If any hold of the King by Fee-farm Soccage or Burgage and holdeth lands of another by Knight-service the King shall not have the custody either of the heir or land by reason of the tenures in Fee-farm Soccage or Burgage Neither shall he have the custody of such Fee-farm Soccage or Burgage except Knight-service be due to him out of such Fee-farm Also by reason of petty Serjeancy viz. to pay a Knife Arrow or the like the King shall not have the custody either of the heir or land IV. Merton 6. 20 H. 3. Where heirs are led away and withholden or married by their Parents and others with force against the Peace if a Lay-man be convict thereof he shall render to the party the value of the marriage and remain in prison until he hath satisfied the same if the child be married and besides until he hath satisfied the King for the trespass Howbeit this is to be understood of an heir within age of 14 years V. If an heir 14 years old or above marry himself without licence of his Lord to defraud him of the marriage and his Lord offer him reasonable and convenient marriage without disparagement the Lord shall retain the Land beyond the term of his full age until he may receive the double value of the marriage according to the estimation of lawful men or as was offered him before without fraud or collusion and as it may be proved in the Kings Court. VI. If Lords marry their heirs to Villains Burgesses or others whereby they are disparaged such heir being then within the age of 14 years In this case upon complaint of the Wards friends the Lord shall lose his Wardship and the profits thereof shall be by friends converted to the use of the heir But if it be 14 years old or above and consent to such marriage no pain shall insue VII Merton 7. 20 H. 3. If an heir of what age soever he be will not marry at the request of his Lord he shall not be compelled thereunto But when he is of full age he shall pay his Lord before he receive his land as much as any would have given the Lord for the marriage And that whether the heir will marry himself or not for of right the marriage of the heir within age pertaineth to the Lord. VIII Marlbr 6. 52 H. 3. Where any enfeoff their eldest sons and heirs within age of the Inheritance with purpose to defraud the Lords of their Wardships It is accorded that by occasion of any such Feoffment no chief Lord shall lose his Ward IX As for such as feign false Feoffments of their land which they would deliver out for term of years with purpose to defraud the chief Lords of their Wards in which Feoffments is contained that they are satisfied of the whole service due unto them until a certain time so as such Feoffees are bound at the said term to pay a certain sum to the value of the same lands or far above so that after the end of such term the land shall return to such Feoffors and their heirs because no man will be content to hold it at the price It is accorded that by such fraud no chief Lord shall lose his Ward Howbeit the Lords shall not disseize such Feoffees without judgment but shall have a Writ of Ejectione custodiae to recover the Ward And when by the witnesses to the Feoffment with other lawful men of the Country the value of the land and the quantity of the sum payable after the term it shall be tryed whether such Feoffments were made bona fide or by Collusion as aforesaid And if the chief Lords in such cases recover their Wards by judgment the Feoffees nevertheless may have their action to recover such term or fee which they had therein when the heirs come to their lawful age X. Where chief Lords maliciously implead such Feoffees feigning this ease when the Feoffments were made bona fide in such cases the Feoffees shall recover against the chief Lords their damages and costs and besides the Plaintiffs shall be punished by amerciament XI Marlbr 7. 52 H. 3. In a plea of Communi Custodia if the deforceors come not at the great distress that Writ shall be renewed twice or thrice at such terms as it may be done in within the half year following so as at every such time the writ may be read in open County if the deforceor be not found before and be there openly proclaimed that he may appear at the day limited and if he come not in to answer within the half year nor the Sheriff can take his body to answer before the Justices according to Law then as a Rebel and one that will not be justified he shall lose the seisin of the Ward saving to him at another time his Action if he have right to the same XII Howbeit where the Wardship belongs to the Guardian of Wards being within age and where Guardians demand a Wardship which belongeth to the heir such heirs within age shall not lose their inheritance by the negligence of their Guardians as in the case aforesaid but in such cases the Common Law shall run as hath been accustomed XIII Marlb 17. 52 H. 3. Guardians in Soccage shall make no waste sale or destruction of the heirs inheritance but safely keep the same to the use of the heir and when he cometh to age shall answer him the issues thereof by a lawful accompt saving their reasonable costs Neither shall such Guardians sell the marriage of such heir but to his advantage and
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
otherwise then according to the prices so set and proclaimed as aforesaid in pain to forfeit 40 l. for every vessel otherwise sold to be divided in a Corporation betwixt the King and the Head Rulers there but out of a Corporation betwixt the King and the Prosecutor XIV Justices of Peace and Head Officers have power to hear and determine the defaults of all such as sell wine in grosse or by retail contrary to this Act. XV. Stat. 32 H. 8.23 The great Officers appointed by the Statute of 28 H. 8.14 to set prices upon wines shall so set them between the 20 day of November and the last day of December and at no time else and none that sell wines either in grosse or by retail shall sell them above those prices upon the penalties in the said Statute of 28 H. 8. contained XVI If any refuse to sell their wines accordingly In London the Mayor Recorder and two ancient Aldermen being no Vintners and in other places the Mayor Bailiffs Aldermen or other Officers whereof the chief Officer is to be one may enter the houses of such persons and sell their wines at the prices so assessed as aforesaid ☞ XVII Stat. 7. E. 6.5 None shall utter wine by retail in any other places then in Cities Burroughs Port Towns or Market Towns or in Gravesend Sittingborn Tuxford or Bagshot in pain to forfeit ten pounds for every day that they sell Wine otherwise XVIII None shall utter wine by retail in any City Burrough or Corporation but by licence of the most part of the Common Council Aldermen Burgesses or Communalty there under their common seal nor in any City Burrough Port-Town or Market-Town not corporate or in Gravesend Sittingborn or Bagshot without license of the Justices of Peace of the County in Sessions under their seal in pain to forfeit 5 l. for every day that they sell wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not license above two in one place in pain to forfeit 5 l. a piece except in these hereafter following in which it shall be lawful to license more then two viz. in London 40 York 3 Norwich 4 Westminster 3 Bristol 6 Lincolâ— 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford-East 3 Worcester 3 Southampton 3 Canterbury 4 Isswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 XIX None shall sell or utter wine by retail to be spent in his or their Mansion-house or in any other place in their tenure by any colour craft or engine in pain of 10 l. XX. The abovesaid forfeiture shall be divided betwixt the King and the Prosecutor XXI Justices of Peace within every County and Corporation in Sessions Stewards in Leets and Sheriffs in their turns have power to enquire by the oaths of 12 men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poor of the Town or place where the presentment shall be found XXII This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unless the suit be prosecuted within a year XXIII Stat. 12 Car. 2. cap. 25. None shall sell or utter wines by retail upon pain to forfeit 5 l. the one moyety to the King the other to him that shall sue for the same XXIV The King may grant Commission to two or more persons who may license and authorise the selling of Wine by retail according to the rules and directions in this Act and not otherwise XXV Such persons Commissionated shall be called the Kings Agents for granting wine Licenses and may grant Licenses not exceeding 21 years if the party licensed so long live under a Rent yearly but no fine to be paid XXVI Licenses shall be granted onely â—â— such persons as use the Trade of selling Wines by retail or to the Landlord of the house and may not be assigned nor shall indempnifie any against the penalties of this Act save the first taker XXVII They may appoint Officers for managing that service so as their Sallaries exceed not 6 d. in the pound of the yearly Revenue arisiâ—â—◠〈◊〉 XXVIII The said Revenue shall be paid into the Exchequer and not to be charged with any gift or Pension and the Agents shall every Michaelmas Term return into the Exchequer what Licenses they have granted and the Rents reserved and paid and the arrears to the end Process may issue for the same XXIX Proviso not to extend to prejudice any priviledges of the two Universities nor to prejudice the priviledges of the Society of Vintners London nor any other Town Corporate nor the Burrough of St. Alboas in their priviledges granted by Letters Pattents of Queen Elizabeth for maintenance of the Free-School there XXX No Officer appointed by the King for this service shall receive any Fees or rewards for the same other then 5 s. for a License 4 d. for an Acquittance and 6 d. for a Bond upon pain of 10 l. one moyety to the King the other to the person that will sue for the same XXXI None shall abuse or mix any wines with any other Ingredients upon pain of forfeiture of 100 l. by every Merchant Wine-Cooper or other selling wines in grosse And 40 l. by every person selling wines by retail for such mixing corrupting or abusing of wines the one moyety to the King the other moyety to the person that shall sue for the same XXXII No Canary wines Muskadel or Alegant shall be sold within England Wales or Berwick by retail for above 18 d. the quart No Gascoigne or French wines for above 8 d. the quart No Rhenish wines for above 12 d. the quart and so proportionably for more or less quantity upon pain of 5 l. forfeiture for every Statute quart c. or other measure sold for more the one moyety to the King the other moyety to him that shall sue for the same XXXIII Provided the Lord Chancellor c. may set the prices of wines yearly or alter the same and in default of such setting of prizes the Rates set by this Act to continue under the penalties recoverable as aforesaid XXXIV See Post-Office Numb 4. Witnesse I. Stat. 12. E. 2.2 When a deed or other writing is denyed in Court wherein witnesses are named processes shall be awarded to cause them to appear and if they come not at the great distress returned or the return be that they have nothing or that they cannot be found yet the Enquest shall proceed but if the witnesses appear at the great distress and the Enquest for some cause remain untaken the witnesses shall have like day given as is assigned for the taking of the Enquest when if they appear not the issues first returned upon them shall be forfeit and the taking of the Enquest shall not be deferred because of their
absence neither yet for the absence of witnesses dwelling in a Franchise where the Kings writ runs not II. Stat. 5. El. 9. Pars inde None served with process out of a Court of Record to restifie as a witness being tendered convenient charges and having no reasonable let shall therein make default in pain to forfeit to the party grieved 10 l. and besides to yield him such further recompence as the Judge of the same Court shall think fit according to the damage sustained which said sums shall be by him recovered in any Court of Record by Action of debt in which no wager essoin c. shall be allowed ☞ Wood. * I. Stat. 35. H. 8.17 In every several Wood called Copice or Underwood which shall be felled at 24 years growth or under there shall be left unfelled for every acre thereof 12 Standils of Oak and in case there shall not be so many Oaks that number shall be made up of Elm Ash Aspe or Beech which Standils or Storers shall not be cut down until they shall bear ten Inches square within 3 foot of the ground in pain that every owner of such woods shall forfeit for every Standil not so left 3 s. 4 d. and also for every such Standil so left and afterwards cut down as much Both which forfeitures shall be divided betwixt the King and the Prosecutor II. Underwoods felled at 14 years growth or under shall during 4 years next after the 20. of April after their felling be preserved from destruction of Cattel in pain that the owner thereof shall forfeit for every rood thereof unfenced for every month 3 s. 4 d. And underwoods above 14 years growth and under 24. being so felled shall during 6 years next after the 20 of April after such felling be so preserved as aforesaid upon the like pain III. None shall convert into Pasture or Tillage any such underwood or Copice containing two Acres or above and being two furlongs distant from the house of the owner thereof or from the house whereunto such wood doth appertain in pain to forfeit 40 s. for every Acre so converted IV. The owner of Copices above twenty four years growth shall at the felling thereof leave 12 such Standils of Oak or otherwise of Elm Ash Beech or Asp as aforesaid in pain to forfeit 6 s. 8 d. for every Standil not so left And shall not cut them down before they are of two years growth in pain of 6 s. 8 d. for every one so cut down And farther shall preserve such underwoods seven years after their felling from the destruction of Cattel by fencing in pain to forfeit for every rood thereof unfenced for every month 3 s. 4 d. V. Howbeit the owner of such underwoods may fell such Standils as aforesaid for his own use for building repairing inclosing and maintaining of houses orchards or gardens or for pailing railing or inclosing of Parks Forests Chases or other grounds or for making or repairing of Water-works Dams Bridges Floodgates Ships or other Vessels notwithstanding this Act. VI. Where there is such a Wood or Copice wherein others have common the Lord owner of the soil shall not fell or cut down the same except to his own use before he and the Commoners shall agree in the setting out of a fourth part thereof to be severally inclosed for the Lords use And in case they cannot agree thereupon two Justices of Peace appointed by the more part of the Justices in Sessions shall have power to call together twelve of the Commoners and Inhabitants there and with the Lords and their consent to set out the fourth part thereof to be severally inclosed by the said Lord within one month after and then to be felled at his pleasure and also to be subject to the aforesaid laws of other Copices upon such penalties as aforesaid Onely if any Beast be suffered to come into such fourth part within seven years after they are felled the owner of such cattel shall forfeit for every such beast 4 d. And if the owner of such wood or Copice cut down any trees or underwoods there contrary to the form aforesaid he shall forfeit for every tree so cut down 6 s. 8 d. VII The said forfeitures are to be recovered in any Court of Record and to be divided betwixt the King and the Prosecutor VIII Here during the said seven years next after such felling of such fourth part the Commoners shall be excluded for commoning therein so also shall the Lord be debarred to common in the residue But after the said seven years expired both the Lord and Commoners may intercommon in the whole as they did before the division IX Provided that every one may fell and inclose all such his copice or underwoods in wast grounds as before this time have used to be inclosed and preserved for the maintenance of wood and underwood notwithstanding this Act. X. The Commoners also in case the said Lord do not fell his fourth part within four months after such division may common in the said part until it be felled XI This Act shall not extend to Underwoods in the wildes of Kent Surrey and Sussex save onely to the common Woods there XII Neither shall it extend to any Timber-trees growing within two miles of the Sea in Cornwell dead at the top or taken by the Kings Commission Neither shall any offender be punishable by this Act unless he be prosecuted within one year after the offence committed XIII None shall break or destroy any fence or hedge made for the saving of any such Woods or Underwoods in pain of 10 s. Neither shall any suffer his Swine of the age of 10 weeks or above to go or run in any such Grounds or Woods unringed or unpegged in pain to forfeit for them 4 d. a piece which said forfeitures in the Kings Woods shall be divided betwixt the King and the finder Bur in other woods betwixt the owner of the field and the Prosecutor XIV Underwoods in a Park shall be preserved by fencing onely 4. years after the felling thereof XV. If such Woods happen to be destroyed by the means of a stranger and not by the owner himself or by his neglect the Stranger shall be subject to the penalties of this Act and not the Owner XVI Yearling Colts and Calves may be put into such Woods within two years after the felling thereof XVII Stat. 1. El. 15. None shall convert or imploy to Coal or other fuel for the making of Iron any Timber-tree or trees of Oak Beech or Ash of the bredth of a foot square at the Stubs and growing within 14 miles of the Sea or of any part of Thames Severn Wye Humber Dee Tine Tees Trent or other Navigable River in pain to forfeit 40 s. for every Tree so converted to be divided betwixt the King and the Prosecutor XVIII This Act shall not extend to Sussex the wild of Kent or to the Parishes of Charlewood Newdigate or Leigh
ingrossing and forestalling so as they carry the same to Halifax and there sell it to such poor people of that or other Parishes adjoyning as to their knowledg shall work them in cloth or yarn and not to the rich Clothier nor any other to sell again XXV If the wool-driver shall sell his wools out of Halifax or if any buy wools in Halifax to sell the same unwrought in yarn or cloth every such offender shall forfeit the double value of the Wool so sold or uttered whereof the King and Queen is to have the one moyety and the Prosecutor the other And Justices of Peace in Sessions have power to hear and determine these offences XXVI Stat. 12 Car. 2. cap. 32. None shall export any sheep or wool woolfels mortlings yarn Fullers earth fulling-clay nor carry load or convey the same to be transported upon several penalties as well upon the owners of ships as the persons that shall convey the same See the Act at large XXVII Stat. 14 Car. 2. cap. 18. None shall export any sheep wool woolfels mortlings shortlings yarn made of wool wool-flocks Fullers earth fulling-clay nor Tobacco-pipe clay XXVIII Justices of Assise Goal-delivery and Justices of the Peace at their Quarter-Sessions may hear and determine offences against the said Act. XXIX Stat. 14 Car. 2. cap. 19. No Forreign Wool-cards Card-wire or Iron for Wool-cards shall be imported nor used in England or Wales Women Widows Wives and Maids I. Magna Charta 7 9 H. 3. A Widow immediately after her husbands death shall have her marriage and inheritance and shall give nothing for her dower marriage or inheritance which her husband and she held the day of his death II. Also she shall remain in the chief house of her husband forty dayes after his death if the house be not a Castle within which 40 dayes her dower shall be assigned her if it were not assigned her before III. If the house be a Castle and she depart from thence then shall a convenient house be forthwith provided for her where she may conveniently dwell untill her Dower be assigned and in the mean time she shall have reasonable estovers of the common And for her dower shall be assigned unto her the third part of all the land which was her husbands in his life time unless she were before endowed of less at the Church door IV. No widow shall be distrained to marry her self while she will live without a husband Howbeit she shall find surety that she shall not marry without the Kings licence and assent if she hold of the King nor without the assent of the Lord in case she hold of another V. Prerog Regis 4.17 E. 2. The King shall assign dower to the Widows of his tenants in chief albeit the heir be at age if the widows will and such widows before assignment of their dower shall swear that they will not marry themselves without the Kings licence whether the heirs be of full age or not VI. If they marry without licence the King shall seize by way of distress the land they held of him in dower until he be satisfied at his own will so that they shall take nothing of the issues thereof For by such distresses they and their husbands must fine at his will which in the time of H. 3. was estimated one years value of her Dower VII Women that hold any Inheritance of the King in chief of what age soever they be shall likewise swear not to marry without the Kings licence And if they do their lands shall be seized as aforesaid until the King be satisfied at his will VIII Stat. 31 H. 6.9 Where any person or persons take women by force or otherwise by perswasion get them into their possession and when they so have them will not suffer them to go at large until they have bound themselves by obligations or Statute Merchant in great sums of money to them or others for their use and many times compel them to be married against their likings and levy such sums upon their Lands In these cases the obligor shall have a Writ out of the Chancery containing the matter of such evil usage directed to the Sheriff of the County where such offence is committed to make Proclamation in full County and also in the next County-Court after the receit of the Writ that the offender shall appear at a certain day prefixed in the Writ before the Lord Chancellor or otherwise before the Justices of Assize in the County where the offence is done or else before some other person thereunto assigned by the Lord Chancellor At which day if the offender appear the said Chancellor Justices or other person-shall duly examine the parties upon the premises And if it be found that the obligations were so made they shall be void but otherwise they shall stand in force Also if the offender appear not they shall likewise be void as also all the proceedings thereupon IX Here if the Sheriff be remiss in the execution of such a writ he shall forfeit 300 l. to be divided betwixt the King and the party that purchased the same Writ X. Stat. 4 5 P.M. 8. None shall take or convey or cause to be taken or conveyed away any Maid or Woman-child unmarried being within the age of 16 years out of the custody and against the will of the father or mother of such child or of the person to whom the father of such child by his last will or other Act in his life-time hath appointed Governance of such child except such taking shall be by or for such person as without fraud is master or mistriss of such child or her guardian in Soccage or Chivalry in pain of two years imprisonment without bail or else to pay such fine as shall be assessed by the Queens Council in the Star-Chamber XI None shall take away and deflower any such child or against the will of her father if he be living or of her mother having the custody of her if the Father be dead contract matrimony with any such child except by the title of Wardship in pain to suffer five years imprisonment or else to pay such fine as shall be assessed by the said Council in the Star-Chamber XII The said fines shall be divided betwixt the King and Queens Majesties and the party grieved XIII The said Council in the Star-Chamber and Justices of Assize have power to hear and determine these offences XIV If any such child above the age of 12 years and under the age of 16 years do consent to any such contract of Matrimony the next of the Kin to whom her inheritance should come shall enjoy it during her life But after her decease it shall revert to the inheritor other then to him that did so contract Matrimony XV. Provided That this Act shall not be prejudicial to any custome or authority concerning Orphans in London or any other City Borough or Town Worsteds I. Stat. 17 R.
to forfeit beside the value of the said printed Copies 5 l. for every Copy not so delivered The same to be recovered by his Majesty his Heirs and Successors And by the Chancellor Masters and Schollers of the said Universities respectively by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster Treason I. Stat. 17 Car. 2. Cap. 5. apud Oxon. An Act for Attainting Thomas Dolman Joseph Bampfield and Thomas Scott of High Treason if they render not themselves to some of his Majesties Justices of the Peace for the County wherein they shall first arrive at or before the first of February next and abide their legall Tryal II. And for attainting every person that is or shall be beyond the Seas during the War with the United Provinces that being required by his Majesties Proclamation shall not return and render themselves accordingly so that the time prefixed by such Proclamation be not less then three Calender months from the date thereof III. And all his Majesties Subjects who after the first of February next shall during the said Warr serve the said States either by Sea or Land as a Souldier or Marriner or Seaman on this side the Straights or after the first of May 1666 within the Straights or after the first of August 1666. in Africa or America or any where beyond the Straights on this side the Aequinoctial or after the first of February 1666. in the East-Indies or in any part beyond the Aequinoctial shall be attainted of High Treason Damages Cleer I. Stat. 17 Car. 2. Cap. 6. apud Oxon. All Damage Cleer or Fees called Damna Clericorum from and after the 29th of September which shall be in the year 1672. shall cease and be abolished in all Courts at Westminster and elsewhere within England and Wales II. And untill the said 29th of September 1672. and no longer Damage Cleer shall be paid and allowed out of such sums of money only as shall be actually levied or paid by or from the Defendants and onely for the proportion of the sum and sums of money levied or paid and no more or otherwise Distresses I. Stat. 17 Car. 2. Cap. 7. Apud Oxon. For more speedy and effectual proceeding upon Distresses and Avowries for Rents Enacted That when any Plaintiff in Replevin by Plaint or Writ returned removed or depending in any of the Kings Courts at Westminster the Defendant making a Suggestion in nature of an Avowry or Conusance for such Rent to ascertain the Court of the cause of the Distress the Court upon his prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the oaths of 12 good and lawful men of his Baylywick touching the sum in arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon 15 dayes shall be given to the Plaintiff or his Attorney in Court of the sitting in such Enquiry And thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the oaths of 12 good and lawful men of his County And upon the return of such inquisition the Defendant shall have Judgment to recover against the Plaintiff the arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And if they amount not to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto together with full costs of Suit and shall have Execution thereupon by Fieri Facias or Elegit or otherwise as the Law shall require And in case such Plaintiff shall be nonsuit after Conusance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Jurors that are impanelled or returned to enquire of such issue shall at the prayer of the Defendant enquire concerning the sum of such arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Conusance shall have Judgment for such arrearages or so much thereof as the Goods or Cattel distrained amounts unto together with his full Costs and shall have Execution for the same by Fieri Facias or Elegit or otherwise as the Law shall require II. And if Judgment in any of the Courts aforesaid be given upon Demurrer for the Avowant or him that maketh Conusance for any Rent the Court shall at the prayer of the Defendant award a Writ to enquire of the value of such distress And upon return thereof Judgment shall be given for the Avowant or him that makes Conufance as aforesaid for the arrears alledged to be behind in such Avowry or Conusance if the Goods or Cattel so distrained amount to that value And if they shall not amount to that value then for so much as the said Goods or Cattel so distrained amount unto together with his full costs of Suit and shall have like Execution as aforesaid Provided That in all cases aforsaid where the value of the Cattel distrained as aforesaid shall not be found to be to the full value of the arrears distrained for that the party to whom such Arrears were due his Executors or Administrators may from time to time distrain again for the residue of the said arrears Suits and Delayes I. Stat. 17 Car. 2. Cap. 8. Apud Oxon. For avoiding unnecessary Suits and Delays Enacted That in all Actions personal and real or mixt the death of either party between the Verdict and the Judgment shall not hereafter be alledged for Errour so as such Judgment be entred within two Terms after such Verdict II. And where any Judgment after a Verdict shall be had by or in the name of any Executor or Administrator In such case an Administrators de bonis non may sue forth a Scire facias and take Execution upon such Judgment This Act to continue for five years and from thence to the end of the next Session of Parliament A perfect TABLE which may serve as a CONCORDANCE for the ready discovery of any material Clause throughout the said Statutes A. ABatement of Writs Abbeys Priories Hospitals Chappels and other Houses and Corporations Advowson 7. Franchises 31 c. Monasteries Tenure 11 c. Vacation of Bishopricks Abettors Appeals 5. Ability and Nonability Pag. 1 Crown 153 155 170. Abjuration Crown 70 c. Forrests 10 19. Purveyors 33. Wards 18 Accessary Appeals 2 England and Scotland 5 Triall 13.14 Account Pag. 2 Customs 5. Debt to the King 8 c. Receivers Accusation Pag. 4 Triall 3. Acquittances First-fruits 17 Action Popular Pag. 5 Demurrers 2 Informers Jurors 36 c. Monopolies 5 Action upon the Case Process 12 Tythes 2. Addition Pag. 6 Discontinuance of process 4 Adjornment Pag. 7 Admeasurement of Dower Pag. 7 Admeasurement of Pasture Pag. 7 Administrators Pag. 7 Executors Pag. 8 Admiralty Fish 35 Ships 33 45. Ad quod damnum Mortmain Advowson Pag. 8 Dayes in Bank 20. Incumbent
forfeit the cloth so made IV. Such an Alien shall here in England sell his wares in gross and not by retail in pain to forfeit the value of the wares otherwise sold and being an Handicraftsman and inhabiting a great house or chamber shall not take any Apprentice or servant to work with him unless it be his son or daughter or else a Subject born in pain to forfeit for every Apprentice or servant otherwise taken 20 li. V. The forfeitures of this Act are to be divided between the King and the prosecutor VI. Stat. 14 H. 8.2 No Stranger Artificer Denizon or not Denizon shall take any Apprentice but such as is born under the King's obeisance in pain to forfeit 10 l. for every Apprentice otherwise taken to be divided betwixt the King and the prosecutor No Alien shall keep above two Journey-men except they be born under the King's obeisance upon the like pain to be divided as aforesaid VII All Strangers Denizons or not Denizons dwelling within two miles of London shall be under the reformation of the Wardens of Handicrafts within that City and of one substantial Stranger being an housholder of the same Craft to be chosen by the same Wardens VIII The said Wardens and that one Stranger shall assign a proper mark for Strangers wares without taking any thing for the same IX The said Wardens and Stranger shall have power to search view and reform the wares of Aliens made within the said precinct X. Smiths Joyners and Coopers being Aliens shall put such marks to their wares before they sell or use them as the said Wardens shall appoint without taking any thing therefore in pain to forfeit the double value thereof to be divided between the King and the prosecutor XI If upon such search the Wardens and Stranger shall finde any wares to be deceitfully made they shall be forfeit viz. the one half to the King and the other half to the finder and shall be recovered by action of Detinue XII Wardens and Masters of Fellowships of Handicrafts in other Corporations and Bailiffs and other head-Officers in Towns lacking Wardens have like power to reform strangers and strangers are bound to yield obedience unto them upon the like pains as aforesaid XIII Here if a stranger be wronged upon complaint to the Chancellor and Treasurer of England or to the Justices of Assise he shall have redress XIV This Act shall not extend to strangers dwelling in Oxford Cambridge or St. Martins le grand London XV. If the Wardens with a stranger or the Officers of Corporations or other Towns refuse to mark a stranger's wares being required so to doe in such case it shall be lawful for such stranger to sell his wares this Act notwithstanding XVI This Act shall onely extend to Joyners Pouch-makers Coopers and Black-smiths and to no other Crafts XVII Any of the King's Subjects having lands worth 100 l. per annum may retain any stranger that is a Joyner or Glasier to work for him this Act notwithstanding XVIII Stat. 21 H. 16. A Decree made in the Star-Chamber the 20 of February 20 H. 8. concerning Artificers strangers was confirmed The substance of which Decree hereafter followeth XIX A stranger Artificer shall not keep in his house at one time above two strangers servants howbeit a subject Artificer may retain as many strangers as he pleaseth to be his servants or Apprentices XX. Strangers Artificers may take as many English-men to be their servants or Apprentices as they can get XXI Strangers Artificers shall be contributary with English Artificers and in case they refuse they shall not onely lose the benefit of this Decree but likewise be prohibited to exercise their Craft in pain of incurring the forfeiture of the abovesaid Statute XXII Strangers Artificers shall upon lawful warning go with the Wardens and other Governours of the same Company to make search which if they refuse and that proved before the Chancellor of England or Mayor of London or in other places before the chief Officers they shall no longer exercise their profession in England in pain of the forfeitures aforesaid XXIII Strangers Artificers shall upon lawful notice make oath to be true to the King and obedient to his Laws and to make due search with others and not to discover to any beforehand the intention of search and being sworn shall pay for their Commission as the Subjects of England do XXIV No strangers but Denizons shall keep house or shop in pain of incurring the penalties of the aforesaid Statutes XXV Strangers shall not assemble but in the Common Halls of their Mysteries upon the penalties aforesaid XXVI This Decree and Act for so much as concerns Cordwainers shall extend as well to such as work old stuff as those that work new XXVII This Decree and Act shall not extend to strangers Denizons or not Denizons dwelling in Oxford Cambridge or St. Martins le grand London XXVIII Stat. 22 H. 8.8 Aliens born made Denizons shall pay all such customes and other duties as they did before they were made Denizons XXIX A Table of Customes Tolls and Duties shall be set up in every City Borough and Town in pain that every City not doing the same shall forfeit 5 l. and every Town Corporate 40 s. for every moneth the same shall fail to be set up at Penteâ—ost next to be divided betwixt the King and the prosecutor XXX This Act shall not prejudice the Merchants of the Stilyard London XXXI Provided that the Tables of Scavage to be set up in London shall be approved by the Chancellor and Treasurer of England the President of the King's Council the Lord Privie-Seal the Lord Steward of the King's house and the two chief Justices or four of them and shall be by them subscribed XXXII Stat. 22 H. 8.13 No stranger being a common Baker Brewer Surgeon or Scrivener shall be accounted a Handicrafts-man within the penal Statutes made against strangers Artificers XXXIII Stat. 32 H. 8.16 All strangers made Denizons shall be obedient to the Statutes of 1 R. 3.9 14 H. 8.2 and 21 H. 8.16 And in all Letters Patents of Denization hereafter to be made a Proviso for that purpose shall be inserted save onely when the King shall please to grant special Liberties and then those Liberties shall be plainly exprest both in Bills signed by his Majesty and also in the Letters Patents XXXIV No Alien Artificer Denizon or not Denizon in Oxford Cambridge or St. Martins le Grand London shall keep above two strangers servants at one time in pain to incur the penalty of 14 H. 8.2 XXXV Every Alien not Denizon within the King's Dominions shall be bound to observe the Laws of this Kingdom XXXVI No Subject or Stranger using no handicraft shall retain above four servants strangers in pain to forfeit for every servant kept above that number 10 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the prosecutor XXXVIII This Act shall not be prejudicial to a
Proclamation published by the King concerning the payment of Customes for strangers to indure for certain years XXXIX Lords of the Parliament may keep six strangers born at one time XL. No stranger except Denizons shall take a Lease of any house or shop in pain to forfeit 5 l. and none shall let them such Leases upon the like pain both of them to be divided betwixt the King and the Prosecutor Amendments I. Stat. 14 E. 3.6 Stat. 1. A process which is defective by Misprision of a Clerk in one syllable or letter too much or too little shall be amended without giving advantage to the party challenging the same II. Stat. 9 H. 5.4 The Justices before whom such default shall be found in any Record or Process may amend the same as well after Judgment as before so long as such Record or Process shall continue before them III. Stat. 4 H. 6.3 The Statute of 9 H. 5.4 is made perpetual provided it shall not extend to Records or Process in Wales or whereby any person is outlawed IV. Stat. 8 H. 6.12 No Judgment or Record shall be reversed or annulled for Error assigned by reason of the rasing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Subtraction or Diminution of Words Letters Titles or parcel of Letters found in the same V. The Judges may reform all defects in any Record Process Ward Plea Warrant Writ Pannel or Return except Appeals Indictments of Treason or Felony and the Outlawries of the same and the substance of the proper names surnames and additions left out in original Writs Exigents and in other Writs of Proclamation contrary to the Statute of 1 H. 5.5 which see in Addition so that by such misprision of the Clerk no Judgment shall be reversed or annulled VI. Variance alledged between a Record and the Certificate thereof shall be amended by the Judges VII Imbezilling of a Record is felony VIII If a record process writ warrant pannel return or any parcel thereof be exemplified under the Great Seal and inrolled for any error assigned in the said Record c. in any letter word clause or matter varying or contrary to the exemplification and inrolment there shall be no judgment reversed or annulled IX Stat. 8 H. 6.15 The Justices may amend the misprisision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any record or process or the return of the same by reason of writing one letter or one syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependants of the same Amerciaments I. Magna Charta cap. 14. 9 H. 3. A free-man shall not be amercied for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his Contentment or Countenance and a Merchant saving his merchandize and any Villain except the King's shall be amercied saving his wainage and such amerciaments shall be assessed by lawful men of the Vicinage Peers also shall be amercied by Peers according to their offence Also Church-men shall be amercied according to their Lay-tenement and the quantity of their offence and not according to their Spiritual Benefice II. Marlb cap. 18. 52 H. 3. No Escheator Commissioner or Justice assigned to take Assizes or to hear or determine matters shall have power to amerce for default of common Summons but the chief Justices or the Justices in Eyre in their Circuit III. West 1. cap. 6. No City Borough Town or man shall be amercied without reasonable cause and according to the trespass viz. every Free-man saving his Free-hold a Merchant saving his merchandize a Villain saving his Gainure and that by his or their Peers Anniversary Fast I. Stat. 12 Car. 2. ca. 30. Every 30th day of January unless it falls upon the Lord's day throughout his Majestie 's dominions shall be kept and observed as an anniversary day of Fasting and Humiliation for the horrid Murther of King Charles the First committed by a party of desperately wretched and wicked men to the shame and reproach of the people of England and Protestant Religion and to implore God's mercy that the said sacred and innocent bloud nor those other sins which provoked God to deliver up the said King into the hands of wicked and unreasonable men may not hereafter be visited upon the people of England or their Posterity Annuary Thanksgiving I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgiving to be celebrated on the 29th day of May for the wonderful power and goodness of God in restauration of the King by the unanimous and cordial affection of the Lords and Commons in Parliament and people in general upon which day all persons are to resort to some Church Chappel or publick place of Thanksgiving this Act to be then read and notice to be given the next Lord's day before Apparance I. Stat. 10 H. 6.4 No Filizer Exigenter or other Officer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Council make oath that he is the same person in whose name that suit is prosecuted This Act to continue to the next Parliament II. Stat. 18 H. 6.9 The Stat. of 10 H. 6.4 is made perpetual III. No officer contained in the Statute of 10 H. 6.4 shall doe to the contrary thereof in pain to forfeit 40 s. to the King for every time that he shall be attainted thereof by due examination of any of the Justices before whom the Entry or Record is IV. Every Attorny who hath not his Warrant entred upon Record in all suits wherein process of Capias and Exigent are awardable the same Term in which the Exigent is awarded or before and is thereof attainted by like examination for every time he so offendeth shall incur the pain aforesaid Appeals I. Magna Charta cap. 34. 9 H. 3. No man shall be taken or imprisoned upon the appeal of a woman for the death of any other then her husband II. West 1. c. 14. 3 E. 1. The accessary in an appeal shall not be outlawed before the Principal be attainted Howbeit none shall intermit to commence their appeal at the next County as well against the accessary as against the principal but the Exigent against those shall remain until those be attainted by Outlawry or otherwise III. Stat. Gloc. c. 14. 9 E. 1. If the Appealor declare the deed the year the day the hour the time of the King and the town where the fact was done and with what weapon the appeal shall stand and shall not be abated for default of fresh suit so that he sue within
yards and seven quarters in breadth and weigh being white 64 pound but coloured 60 pounds at least also Plunkets Azures Blues and other coloured clothes made there and elsewhere shall contain in length betwixt 25 and 28 yards be of the same breadth and shall weigh 88 pounds CXXVI Ordinary Kerseys shall contain in length betwixt 17 and 18 yards and shall weigh 20 pounds and sorting Kerseys shall have equal length but shall weigh 13 pounds CXXVII The length of Devonshire Kerseys called Douseins shall be betwixt 12 and 13 yards and their weight 14 pounds CXXVIII The length of Broad clothes called Tauntons Bridgwaters and the like shall be betwixt 12 and 13 yards and their breadth 7 quarters And every narrow cloth made there or elsewhere of like sort shall contain in length betwixt 24 and 25 yards and in breadth one yard and shall weigh 34 yards CXXIX Check Kerseys and Streats shall contain in length betwixt 17 and 18 yards and in breadth one yard and shall weigh 24 pounds CXXX Frizes in Wales and elsewhere of like making ready for sale and wet shall contain 36 yards at most in length and three quarters in breadth and shall weigh 48 pounds and every half piece after the same rate CXXXI Northern Clothes shall be betwixt 23 and 25 yards long and 7 quarters broad and shall weigh 6 pounds CXXXII Douseins shall be betwixt twelve and thirteen yards long and seven quarters broad and shall weigh thirty three pounds CXXXIII Pennystones and Forest Whites shall be betwixt 12 and 13 yards long and six quarters and an half broad and shall weigh 28 pounds CXXXIV Manchester Lancashire and Cheshire Cottons shall be 22 yards long and three quarters broad and shall weigh 30 pounds CXXXV Manchester Ruggs or Frizes shall be 36 yards long three quarters broad shall not be stretched above a nail and shall weigh 48 pounds CXXXVI If any put to sale any of the broad clothes abovesaid not of the due lengh breadth or weight abovesaid they shall forfeit for every cloth defective or exceeding in length or breadth 40 s. and for every pound it wants not exceeding four 2 s. the pound and if it want more then four they shall forfeit 40 s. CXXXVII Provided if broad cloth exceed the due length by reason of the fineness or stuffy making thereof the maker shall not incur any penalty thereby CXXXVIII If any put to sale any of the other clothes above specified not of due length breadth and weight as aforesaid they shall forfeit 20 s. CXXXIX None shall put any flocks or yarn made of lamb's wool into any of the abovesaid clothes in pain to forfeit the same or the value thereof CXL None shall put any cloth or Kersey to sale before they have paid the Aulnager his due fee in pain of 20 s. CXLI No cloth shall be transported before the seals of the Aulnager and owner be put thereunto in pain to forfeit the same or the value thereof ☞ CXLII No retailer of cloth shall put it to seal before he have tried it by water measure and weight and shall present the defect thereof to an Head-officer or two next Justices of Peace in pain to forfeit the double value thereof And the cloth found defective shall be divided into three parts whereof the King shall have one the prosecutor another and the Head-officer or two Justices the third CXLIII The Clothier shall repay to the buyer of faulty cloth his money again or otherwise satisfie him for the same in pain to forfeit to the party grieved the double value thereof CXLIV None shall stretch cloth above a yard in length and an half quarter in breadth in pain of 5 l. CXLV None shall use with his tentor any wrinch rope ring or other engine to strain or stretch cloth in pain of 20 l. CXLVI Two or more searchers of cloth shall be appointed in every place where cloth is made who being sworn shall have power to enter into all houses where cloth is made or wrought to make search whether the clothes are well dressed and pressed with the cold press and the moiety of all forfeitures therupon accruing shall the King have and the other shall be given to the use of the Commonalty or Town where the offence or default is committed or made CXLVII The party with whom such defective cloth is found shall recover dammages against the party that was the cause thereof by Action of debt c. CXLVIII The Head-officer of every Town shall prepare a seal of lead having the Arms and name of the Town printed thereupon which seal the searchers shall fix to every cloth well made and shall have for every seal so fixed 2 d. CXLIX If the searchers finde any faulty coloured cloth they shall at each end six another seal of lead having the letter F. printed thereupon and shall also in the list just against the fault set another mark of an inch compass to the end the buyer may readily discover where the fault is CL. If the searchers set the Town seal to cloth not sufficiently dressed the Corporations shall forfeit the value thereof CLI If the searchers set the Town-seal to faulty cloth or do not set the seal F. above expressed thereunto the Corporation shall forfeit 5 l. CLII. No retailer of cloth shall put it to sale unless the said Town-seal be fixed thereunto and shall keep it fixed at one end thereof untill it be all sold in pain to forfeit the value of such cloth CLIII The Corporation that appoints not such searchers shall forfeit 10 pounds And the searcher that refuseth to execute the Office shall forfeit 5 pounds to be divided betwixt the King and the Corporation and shall be in ward until he pay or give security for it CLIV. None shall press any cloth with the hot press nor in any other deceivable manner but onely with the cold press in pain to forfeit the same or the value thereof CLV If any but persons authorized by this Act couterfeit set to or take away from any clothes any of the seals appointed by this Act he shall forfeit for the first offence being thereof convict by 12 men two witnesses or his own confession 10 l. and for the second shall stand upon the Pillory and forfeit all his goods and chattells to the King CLVI Euery Article in any Statute heretofore made concerning the making dying pressing searching or sealing any of the clothes above in this Act mentioned and being repugnant or contrariant to any Article of this Statue shall be void CLVII The forfeitures abovesaid not otherwise appointed shall be divided betwixt the King and the prosecutor CLVIII Povided it shall not be lawful to boil wooll to be converted into cloth with gauls rinds bark or saw-dust in pain to forfeit the same or the value thereof to be recovered and had as aforesaid CLIX. This Act shall not extendt to Devonshire-clothes called Tavestocks CLX Stat. 5 6 E. 6.8 No person
of the Forest when he comes into those parts to hold pleas of the Forest to be determined before him XVII These liberties of the Forest the King grants to all men saving to all other persons the liberties and free customes in Forests Warrens and other places which they have formerly enjoyed XVIII Merton cap. 11. 20 H. 3. The Lords demanded the imprisonment of trespassers in their Parks and Ponds but it was denied by the King and so deferred XIX West 1. cap. 20. 3 E. 1. Trespassers in Parks or Ponds shall give treble damages to the party grieved suffer three years imprisonment be fined at the King's pleasure and give surety never to offend in the like kind again And if they cannot find surety they shall abjure the Realm or being sugitive shall be outlawed XX. Stat. 21 E. 1. A Forester Parker or Warrener shall not be questioned for killing a Trespasser who after the peace cried unto him will not yield himself so it be not done out of some other former malice XXI Ordinatio Forestae 33 E. 1. Stat. 5. Those to whom the King hath granted Purliew whereby their Woods are dis-afforested shall be quit of the charge of the Forest but then they are to have no common there Howbeit such as are willing to return their Woods into the Forest shall injoy Common and other easements there as they did before XXII Ordinatio Forestae 34 E. 1. cap. Presentments of trespasses of Green-hue and hunting in Forests shall be made at the next Swainmote by the Foresters within their several Bailiwicks before the Foresters Verdors Regardors Agistors and other Ministers of the Forest and they shall be also inquired of by the oaths as well of Knights as other lawfull men not suspected of the nearest parts where the trespasses were committed and the presentments so inquired of shall be solemnly confirmed and sealed by the seals of the said Ministers XXIII Cap. 2. If any Officer die or be otherwise hindered that he cannot present at the Swainmote the Justice of the Forest or his Lievtenant shall put another in his place that the Indictment may nevertheless be made by all in form aforesaid also officers which are to be placed shall be put as hath been used except the Verdors who shall be ordained by election or writ XXIV Cap. 3. No Minister of the Forrest shall be put upon any Assize Jury or Enquest to be taken without the Forest XXV Cap. 4. No officer of the Forest shall surcharge the Forest in pain to be imprisoned by the Justice of the Forest or his Lievtenant and he by whom they were placed shall be also punished at the King's pleasure At every Swainmote enquiry shall be made of surcharges Foresters and other Ministers there and of oppressions done to the people that reformation may be made XXVI Cap. 5. Trespasses committed in grounds dis-afforested shall be pardoned yet so as the hedges and ditches shall be cast down and removed saving the King's Arrentations which shall remain according to the Assize of the Forest also the wood felled in the Forest shall be carried away but that standing though sold shall be preserved XXVII Cap. 6. The Justice or his Lievtenant shall take fines and amerciaments of Indictees for trespasses committed there and shall not tarry for the Eyre Commoners restrained from their Commons by the Perambulation shall be restored to them again saving the King's Arrentations as aforesaid XXVIII Stat. 1 E. 3. Stat. 1. cap. 8. None shall be taken or imprisoned for vert or venison unless he be taken with the manner or else indicted acording to the form of the Statute of 34 E. 1. And then the Warden of the Forest shall let him to mainprize untill the Eyre of the Forest without taking any thing for his deliverance And if the Warden will not so do he shall have a Writ out of the Chancery of old ordained for persons indicted to be bailed till the Eyre XXIX If the Warden after the Writ served deliver not the person indicted to Mainprize the Plaintiff shall have writ out of the Chancery directed to the Sheriff to attach the Warden to answer his default before the King at a certain day and then the Sheriff the Verdors being called to him shall deliver the person indicted by good mainprize in the presence of the said Verdors and shall deliver the names of the Mainpernors to the same Verdors to answer in the Eyre before the Justices XXX If the chief Warden be thereof attainted he shall be awarded to pay treble damages to the party grieved committed to prison and ransomed at the King's will XXXI Stat. 1 E. 3. Stat. 2. cap. 1. The great Charter and also that of the Forest are confirmed XXXII The perambulations of Forests shall continue as they were bounded in the time of E. 1. and every County shall have a Charter thereof and where they are not bounded it shall be now done and a Charter thereof shall be also made accordingly XXXIII Stat. 1 E. 3. Stat. 2. cap. 2. Every man having wood within the Forest may take house-boot and hey-boot in his said wood without being attached for the same by the Ministers of the Forest so that it be done by the view of the Foresters XXXIV Stat. 25 E. 3. Stat. 5. cap. 7. No Forester or other Minister there shall gather any victuals or other thing by colour of his office but what is due of old right XXXV Stat. 7 R. 2.3 A Jury for the trial of a trespass within a Forest shall give up their verdict where they received their charge and shall not by menace or otherwise be constrained to give their verdict of a trespass done in the Forest otherwise then their conscience will cleerly inform them XXXVI Stat. 7 R. 2.4 No officer of the Forest shall take or imprison any without due indictment or per main ouvre with his hand at the work that is being taken with the manner or trespassing in the Forest nor shall constrain any to make obligation of ransom against his will and the Assize of the Forest in pain to pay the party grieved double damages and to be ransomed at the King's will XXXVII Stat. 22 E. 4.7 If any having Woods in his own ground within any Forest Chase or Purliew shall cut or cause the same or any part thereof to be cut by the King's licence where such Forests Chases or Purliew are his or without licence where they belong to others he may keep them several and inclosed during seven years next after their felling XXXVIII Stat. 32 H. 8.35 Every Justice of the King's Forests Chases and Parks by writing under the seal of his office may make as many Deputes as he please which shall have like power as the Justice himself hath XXXIX Stat. 16. 17 Car. 16. An Act for the certainty of Forests and of the Meers limits and bounds thereof See the Statute at large Forfeiture Magna Charta Cap. 22. 9 H. 3. The King
will not hold the lands of persons convict of Felony longer then a year and a day and then they shall be delivered to the Lords of the Fee II. Stat. 17 E. 2.14 The King shall have the Escheats of the lands of free-holders of Arch-bishops and Bishops which happen in time of Vacation to dispose of at his pleasure the said free-holders being attainted for felony saving to such Prelates the service that thereto is due and accustomed III. Stat. 17 E. 2.16 The King shall have all the goods of felons and fugitives and the year day and waste of their land and then the lands shall be dilivered to the Lord of the Fee who may also if they please compound with the King for the year day and waste IV. Here certain lands are excepted viz. 1. in Glocester-shire where after the year and day the land shall descend to the next heir 2. In Kent lands called Gavelkind where the Father may go to the Bough and yet the Son to the Plough And in Gavelkind all the heirs-male shall divide the inheritance and so shall the heirs-female but women shall not make partition with men also a woman shall be indowed of the moiety and if she commit fornication in her widdow-hood or marry she shall lose her Dower V. Stat. De Catallis felonum None taken for felony for which he shall be imprisoned shall be disseised of his lands or chattels until he be convicted thereof but as soon as he is taken his tenements and chattels shall be viewed by the Sheriff and other officers of the King and lawful men and Inventoried and kept by the Bailiff of him that is so taken who shall give surety to the Justices of the chattels or the price saving to the accused and his family their necessaries as long as he shall be imprisoned and his reasonable estover so that when he is convicted the residue of his chattels besides his estover may remain to the King with the year and day of his lands but if he be acquit his chattels shall be restored Vide Rast Forfeiture 7. VI. Stat. 31 E. 3. Stat. 1.3 If any charged with the goods of fugitives and felons will in discharge of himself alledge another that is chargeable therewith he shall be heard and right shall be done him VII Stat. 34 E. 3.12 There shall be no forfeiture of lands for treason of dead persons not attainted in their lives VIII Stat. 1 R. 3.3 None shall seize the goods of any arrested for suspition of felony before he be convict or attainted thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by Action of debt c. wherin no essoin c. shall be allowed IX Stat. 11 H. 7.1 None that attends upon the King for the time being in his person and doth him faithful service of Allegiance in his wars within the Realm or without or is in other places at his common shall be convict or attainted of High Treason or any other offence for so doing whereby he may forfeit any thing but shall be clearly discharged of all vexation and loss which he may incur by reason of the same And if any Act or process of Law hereafter happen to be made thereupon it shall be void Provided that none shall take benefit by this Act which shall hereafter decline from his Allegiance X. Stat. 24 H. 8.5 If any be indicted or appealed for the death of one attempting to murther rob or commit burglary and so found by verdict he shall forfeit no lands or goods for the same but shall be fully acquit and discharged thereof ☞ Forger of false Deeds * I. Stat. 5 El. 14. If any alone or with others shall wittingly subtilly and falsly forge or make or cause to be forged or made any false Deed Charter or writing sealed Court-Roll or Will in writing to the intent that the free-hold or inheritance of lands or the right or title thereof may be troubled defeated or charged or shall publish or shew forth in evidence any such forged writing as true knowing the same to be false and forged and shall be thereof convicted upon an Action of Forger of false Deeds to be founded upon this Statute at the suit of the party grieved or otherwise shall pay to the party grieved double costs and dammages to be assessed in the Court where such conviction shall be shall be set upon the Pillory in some Market-town or other open place and there have both his Ears cut off and also his nostrils slit and feared with an hot iron he shall also forfeit to the Queen her heirs and successors the Issues of his lands and suffer perpetual imprisonment during his life and the said costs and dammages shall be fist levied upon the goods and issues of the lands of the offender notwithstanding the Queen's title thereunto II. For such forging c. of a lease for years of lands not Copy-hold or of an Annuity Obligation Bill Acquittance Release or other discharge of any personal thing the offender shall pay double costs to the party grieved to be assessed as before be set upon the Pillory lose one of his ears and suffer a years imprisonment without bail III. The party grieved may have his remedy for his double costs and dammages by original writ out of the Chancery as in case of trespass by bill in the King's Bench or in the Exchequer in which suit no essoin c. shall be allowed IV. Howbeit he that is once punished for his offence shall not after be impeached for the same and albeit the Plaintiffs release or discontinuance of suit may discharge his own remedy yet the rest of the punishment shall be nevertheless inflicted by judgment and command of the Court. V. The second offence is felony without Clergy whereof the offender being convicted or attainted he shall forfeit his lands and goods as other cases of felony saving to all other persons their right c. neither shall such conviction or attainder extend to loss of Dower or disherison of heir VI. Provided this Act shall not extend to charge any Ordinary Commissary or Official for putting their seal of Office to any will not knowing the same to be forged nor for writing such a will or the probate thereof VII Justices of Oyer and Terminer and Assize in their Sessions shall hear and determine these offences VIII Provided this Act shall not extend to any Proctor Advocate or Register for writing setting forth or pleading of any Proxie for the apparence of any person cited to appear in the Ecclesiastical Court nor to any Arch-deacon or Official for putting their seal to such Proxie nor to any Ecclesiastical Judge for admitting the same nor to any Attorney or Counsellor for pleading or giving in evidence any such forged writing being nor party nor privy thereunto nor to any person that shall plead or shew forth any writing