King without presentment or some matter of Record and what is done otherwise shall be void and holden for errour X. Stat. 17 R. 2.6 Upon an untrue suggestion made against any in the Chancery the Chancellor may award dammages XI Stat. 15 H. 6.4 None shall sue forth a Subpoena until he finde surety to satisfie the Defendant his dammages and costs in case he do not verifie his Bill Actions popular ☞ I. Stat. 4 H. 7. ca. 20. Recovery in an Action popular by Covin shall be no bar in an Action sued for the same thing bonâ fide II. Here the Defendant attainted of Collusion shall suffer two years imprisonment to be prosecuted within one year III. No release of a common person shall in this case discharge an Action popular IV. Yet no Collusion is in this case averrable where the point of the same Action or the Collusion it self hath been tried by Verdict ☞ V. Stat. 31 El. 5. Informers heretofore restrained by order of any Court shall not pursue Actions popular VI. In popular Actions the offence shall be laid to be done in the County where indeed it was done otherwise if the Defendant traverse and disprove that point the Plaintiff shall be barred VII This Act doth not restrain Officers which have lawfully used to exhibit informations nor Actions brought for champerty buying of Titles extortion offences against the Statute of 1 El. 11. concerning the right landing of Merchandise and custom of sweet wines concealing of customs c. corrupt usury forestalling regrating or ingrossing when the penalty shall amount to 20 l. or above For in all these cases the offence may be laid in any County * VIII Popular Actions where the King onely hath the forfeiture shall be commenced within two years where he hath onely a part and the Informer the rest within one year but this is to be understood where a shorter time is not limited by any Statute * IX All suits for using unlawful Games or any Art or Mystery without being brought up in it and for not having Bows and Arrows according to the Statute shall be prosecuted at the Assises or Sessions of the County or at the Leer within which the offence was committed and not elsewhere ☞ * X. Stat. 21 Jac. 4. Actions popular which may be presented before Justices of Assise Nisi prius G. D. Oyer and Terminer or of P. shall be prosecuted onely in the Counties where the offences were committed except for Recusancy Maintenance Champerty buying of Titles concealing of customs c. or transporting of gold silver munition wool woolfels or leather XI Upon default of proving that the offence was committed in the same County the Defendant shall be found not guilty XII The Informer shall make oath that the offence was committed in the same County where the Action is laid and within one year before the suit commenced * XIII The Defendant in a popular Action may plead the general issue and yet give special matter in evidence Addition I. Stat. 1 H. 5.5 In Original Writs where Exigent shall be awarded Additions of the Defendants condition and dwelling shall be inserted II. Outlawries otherwise prosecuted shall be void III. Surplusage of Additions shall not prejudice albeit the Writ do therein vary from the Records and Deeds IV. The Clerks of the Chancery shall not omit such Additions in pain to be fined at the discretion of the Chancellor Adjournment I. Stat. 2 E. 3.11 The Common Bench shall not be removed without warning by adjournment Admeasurement of Dower I. Stat. West 2. cap. 7. 13 E. 1. A Guardian shall have a Writ of Admeasurement of Dower yet the heir at full age shall not be barred by that suit in case it be prosecuted by Collusion II. When it comes to the great distress daies shall be given within which two Counties may be holden where Proclamation shall be made for the defendant to come in at the day contained in the Writ at which if the Defendant appear the plea shall proceed but if not upon the Proclamation returned by the Sheriff and the Defendant's default Admeasurement shall be made Admeasurement of Pasture I. West 2. cap. 8. 13 E. 1. Upon a second overcharge of Pasture if the Pasture were admeasured before the Justices the remedy shall be by Writ judicial returnable before the Justices under the seals of the Sheriff and Jurors and then the Justices shall award dammages to the Plaintiff and shall estreat into the Exchequer the value of the beasts wherewith the pasture was so overcharged to be answered to the King II. If the admeasurement were made in the County the Sheriff by a Chancery-writ shall enquire of the Surcharge and value of the beasts and shall answer the same to the King in the Exchequer III. To prevent fraud in the Sheriff all such Writs de secunda superoneratione shall be enrolled and also at the years end transcribed in the Exchequer and so likewise shall Writs of Redisseisin Administrators I. Stat. 31 E. 3.11 The Ordinaries shall depute the next and most lawful friends of the Intestate to administer his goods which deputies shall have the benefit and incurr the charge of an Executor and shall also be accountable to the Ordinaries as Executors II. Stat. 21 H. 8. ca. 5. Administration of Intestates goods shall be granted to the Widow or next of kin to the Intestate or both as the Ordinary shall think fit * See what Fees onely ought to be paid for Probate of Wills and obtaining Administrations and upon what penalties upon exaction pòst Title Probate of Testaments Admiralty I. Stat. 13 R. 2.5 The Admirals or their Deputies shall not meddle with any thing done within the Realm but onely upon the Sea II. Stat. 15 R. 2.3 The Admiral 's Court shall not have Cognisance of any thing done within the bodies of Counties as well by land as by water nor with wrecks of the Sea III. Of the death of a man and of a maihem done in great ships hovering in the main stream of great Rivers beneath the bridges near the Sea the Admiral shall have Cognisance and likewise to arrest ships in great Fleets for the great voiages of the King and Kingdom and shall also have jurisdiction in such Fleets during such voiages Saving to the King his forfeitures and to Lords Cities and Boroughs their liberties and Franchises IV. Stat. 2 H. 4.11 The Statute of 13 R. 2.5 is confirmed V. The party grieved by the non-observance of that Statute shall by Action upon his Case recover double dammages against the Prosecutor in the Admiralty and the Prosecutor shall also forfeit ten pounds to the King being thereof attainted VI. Stat. 8 El. 5. A sentence definitive in a civil and Marine cause by delegates appointed by Commission upon an appeal duly made in the Chancery shall be final Advouson I. West 2. cap. 5. 13 E. 1. Usurpation of Churches during Wardship particular estates Coverture or Vacancy shall not bar the
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
within ten years after such imperfections removed XIX All Actions upon the Case other then for slander actions for accompt other then such as concern Merchandize Actions or Trespass Debt Detinue Trover and Replevin shall be commenced within three years after this present Session of Parliament or within 6 years after the cause of such actions or suit and not after XX. All actions or trespass of Assault Battery Wounding and imprisonment shall be commenced within one year after this session or within four years after the cause of suit and not after XXI All actions upon the Case for words shall be commenced within one year after this present session or within two years after the words spoken and not after XXII Provided that if in any such actions judgment be given for the Plaintiff and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of judgment it is given against him or if the Defendant be outlawed in the suit and after reverse the outlawry in these cases the Plaintiff his Heirs Executors or Administrators may commence a new Action within a year after such judgment reversed or given against the Plaintiff or outlawry so reversed and not after XXIII The right of Action in the cases abovesaid is saved to an infant Feme covert non compos mentis a person imprisoned or beyond Sea so as they commence their suits within the times above limited respectively after their imperfections removed Linne I. Stat. 26 H. 8.9 An Act for the repairing of the Town of Linne See the Statute at large ☞ Linnen Cloth * I. Stat. 28 H. 8.4 No person whatsoever shall put to sale any piece of Doulas or Lockeram unless the just length be expressed thereupon in pain to forfeit the same or the value thereof to be divided betwixt the King and the seiser * II. Stat. 1 El. 12. None shall use any means whereby Linnen Cloth shall be deceitful or made worse for use in pain to forfeit the same to suffer a moneths imprisonment and to be fined by the Justices before whom he shall be condemned III. Justices of Oyer and Terminer and of Assize and Justices of Peace or any three of them 1 Quo. have power to hear and determine these offences ☞ IV. The Informer that shall at the next Sessions of the Peace after the seiser to be kept in the County where such seiser is made or before two Justices 1 Qu. make due information of the offence and seiser or procure the Offender to be there indicted and be bound by recognizances before the said Justices to pursue the same matter with effect and give evidence as of right appertaineth and pay the one moiety of what he recovers to the Sheriff or other accomptant for the Queen's use shall have the other moiety for his paines V. The Justices before whom these offences are tried shall by estreat certifie the forfeiture into the Exchequer See more title Mannufacture num III. Livery and Ouster le main I. Stat. De escheatoribus 29 E. 1. Where by Inquests taken before the Escheator upon the King 's writ returned it is found that nothing is holden of the King the Escheator shall be immediatly commanded by the King 's writ out of the Chancery to put from his hands the Lands so taken into the King's hands and if the Escheator have received any profit thereof he shall restore it Howbeit if the King's title may afterwards be made appear by remembrances in the Chancery Exchequer or elsewhere the Lands shall be reseised and the mean profits answered to the King and in such case Scire sacias shall issue out against the party to shew cause why they should not be reseised Vide Artic. super Cart. 28 E. 1. cap. 19. To the like effect as to the Ouster le main and rendring the mean profits when there is no cause of seisor II. Stat. 28 E. 3.4 Where the King's tenant after he hath had livery hath been charged with rents and other paiments become due after such livery for part of the time pro rata hereafter the Escheator shall be charged with the Casual and continual prosits which happen before the livery pro rata according to the time and the tenant shall receive certain paiments of rent c. which happen after the livery without any abatement thereof pro rata for the time ☞ Liveries of Companies and Retainers * I. Stat. 1 R. 2.7 None shall give liveries for maintenance of quarrels or other conspiracies in pain of imprisonment and grievous forfeiture to the King And the Justices of Assize shall diligently inquire of such as gather together in Fraternities for such purposes and shall punish them according to their demerits London I. Stat. de Gavelet 10 E. 2. The Lords of Rents in London may recover them by a writ of Gavelet in their Hoystings and in default thereof the Lands in demesne II. Stat. 28 E. 3.10 The Mayors Sheriffs and Aldermen of London shall cause errours defaults and misprisions there to be redressed in pain to forfeit for the first default 1000 marks for the second 2000 marks and for the third to have the franchise and liberty of the City seised And their defaults herein shall be inquired of by Inquests of Kent Essex Sussex Hertford Buckingham and Berks as well at the King's suit as of others that will complain III. The Maior Sheriffs and Aldermen being indicted shall be caused by due process to come before the King's Justices assigned thereunto out of the City and there shall be made to answer as well to the King as to the party grieved and their trial shall be by forein Inquests as aforesaid whereupon if they be attainted the said pain shall be levied upon them and the Plaintiffs also shall recover treble damages IV. In the prosecution of such suits the Constable of the Tower or his Lievtenant shall execute all processes in the City which process shall be by attachment distress and exigent and in the King's case the exigent shall be awarded after the first Capias returned but after the return of the third Capias at the suit of the party V. If they have lands out of the City process shall issue against them in the Countie where such lands be by attachment and distress VI. Every of them that appear shall answer particularly for himself as well at the peril of him that is absent as of himself VII This Ordinance shall extend to all other Cities and Boroughs throughout the Realm Howbeit the Inquests in such cases shall be taken by foreign people of the Counties wherein such Cities and Boroughs are scituate and the pains to beset upon them shall be adjudged by the Justices thereto assigned VIII Stat. 1 H. 4.15 The penalties of 1000 and 2000 marks imposed by the Statute of 28 E. 3. shall not be limited to a certainty but the penalties shall from henceforth be left to the discretion of the Justices thereunto assigned in
a year and a day after the fact IV. West 2.12 13 E. 1. Upon a false appeal by malice the Appellor shall suffer a year's imprisonment make fine to the King and recompence dammages to the Appellant at the discretion of the Justices V. When the Appealor is not able to satisfie dammages and an Abettor through malice is also found by the same Inquest such Abettor shall also be punished by imprisonment and restitution of dammages as before VI. Articult Cleri ca. 10. 9 E. 2. Thieves and Appealors whensoever they will may confess their offences to Priests but let the Confessors beware that they inform them not erroneously VII Stat. of Appeals 28 E. 1. When any are appealed by provers the Sheriff shall by the King 's Writ under the testimony of the Justices that delivered those provers bring such appealees to the Gaols where the provers or appealors are kept to answer before the same Justices and if the Appealees will be tried by the Country the Sheriff shall also by a judicial Writ from the same Justices cause an Inquest to appear VIII The Sheriff and others in whose custody such Appealors are kept shall receive such Appealees without contradiction IX Stat. 1 H. 4.14 All appeals of things done within the Realm shall be tried by the laws thereof and of those done out of the Realm by the Constable and Marshal of England for the time being Appeals to Rome * I. Stat. 24 H. 8.12 All causes testamentary and of Matrimony divorces rights of tithes oblations and obventions shall be adjudged within the King's Authority and not elsewhere II. The Prelates of this Realm may execute all Sacraments Sacramentals Divine Service and all other things to the King's subjects which they ought to doe notwithstanding any-appeal to Rome or any other forein power whatsoever III. If any spiritual person for fear of any forein power shall refuse so to doe he shall make fine and ransom at the King's pleasure IV. Whosoever procureth from the See of Rome or any other forein Court any appeals process sentences c. shall incurr a Praemunire provided by the Statute of 16 R. 2.5 which see in Proviso 8. V. Appeals in cases Ecclesiastical shall be sued from the Archdeacon or his Official to the Bishop Diocesan and when the cause is commenced before the Bishop Diocesan or his Commissary within 15 days after sentence an appeal may be made from thence to the respective Archbishop of the Province to be there definitively adjudged VI. When the cause is commenced before an Archdeacon of any Archbishop or his Commissary the appeal may be made within 15 days after sentence to the Court of Arches or audience of the same Archbishop and from the Arches or audience within 15 days after sentence there to the Archbishop himself to be finally determined without any farther appeal VII When the cause is commenced before the Archbishop himself it shall be there determined without any farther appeal saving to the Archbishop and Church of Canterbury the due prerogative heretofore used VIII When the cause or suit concerns the King the party grieved may within fifteen days after sentence appeal from any of the said Courts to the Prelates assembled by the King 's Writ in the Convocation being or next ensuing in the Province where the suit was begun and there it shall be finally-determined IX If any shall hereafter pursue any appeal contrary to this Act or shall refuse to obey it he shall incur a Praemunire Apprentice I. Stat. 12 H. 7.1 The makers of Worsteads Sayes and Stamins in Norfolk are enabled to take Apprentices and any person may also put Apprentices unto them so that they keep not above two Apprentices at most at one time Appropriations I. Stat. 15 R. 2.6 In every License made in Chancery of the Appropriation of any Church this shall be contained viz. That the Diocesan shall ordain according to the value of such Churches a convenient summ to be yearly distributed out of the profits thereof to the poor of the Parish by the appropriators and their successors for ever and also that the Vicar shall be sufficiently endowed II. Stat. 4 H. 4.12 The Statute of 15 R. 2.6 shall be duly executed and Appropriations made since that Statute contrary thereunto shall be reformed before Easter or else to be void except Haddenham in the Isle of Ely III. All Vicarages annexed or appropriated since 1 R. 2. shall be void IV. In every Church so appropriate a secular person shall be ordained Vicar canonically instituted and inducted in the same and conveniently endowed by the discretion of the Ordinary to doe Divine Service inform the people and keep hospitality there except Haddenham aforesaid and no Religious shall be hereafter made Vicar in any Church so appropriate Approvements I. Merton Cap. 4. 20 H. 3. Lords of Wastes or Commonable woods or pastures may approve against their Tenants part thereof so that they leave sufficient common besides together with free egress and regress to enjoy the same And the truth thereof shall be enquired by Assise wherein dammages shall be given to the Plaintiff if he recover and the disseisors shall be amercied II. West 2. cap. 46. 13 E. 1. The Statute of Merton shall not onely binde the Lords Tenants but neighbours also which claim common of Pasture as appurtenant to their Tenements but if any claim common by special seoffment or grant for a certain number of beasts or otherwise which is due to him of common right he shall recover the same according to the form of such grant III. By occasion of a Wind-mill Sheep-cote Dairy inlarging of a court necessary or courtilage none shall be grieved by Assise of Novel disseisin for common of Pasture IV. If any upon just title of approvement do make a ditch or hedg for that purpose which afterwards is thrown down by some who cannot be discovered by verdict of the Assise or Jury and the Towns adjoyning will not indite such as are guilty of the fact in such case the said Towns shall be distrained to level again such ditch or hedg at their own costs and shall also yield dammages V. Stat. 3 E. 6.3 The Statute of Merton cap. 4. and West 2. cap. 46. are confirmed VI. Upon Judgment for the Plaintiff in an Assise upon any branch of the said Statutes of Merton or West 2. the Court shall award treble dammages VII This Act shall not extend to houses heretofore built upon wastes or commons not having above 3 Acres of such waste or common-ground belonging to them nor to any Garden Orchard or Pond there not exceeding two Acres neither yet shall it cause any person to lose or forfeit any pain or dammage for the same but such houses and grounds shall still stand and remain howbeit the owners of such wastes or commons may lay open so much thereof as shall exceed three Acres VIII Stat. 43 El. 11. All Contracts or Bargains made of part of such wastes commons or
writ of attaint after the Teste these words shall be inserted Per statutum continuatum usque annum 23 H. 8. Dei gratiâ c. LII This act shall not be prejudicial to the Statute of 11 H. 7.21 but every man for any untrue verdict in London may bring an Attaint upon this or that at his pleasure LIII Stat. 37 H. 8.5 Citizens of London being worth 400 marks in personal estate may be impannelled and returned by the Sheriffs of London upon Attaints there albeit they have no real estates notwithstanding the Statute of 23 H. 8.3 LIV. The Justices shall hereafter sit upon Attaints in London at Guildhall or some other convenient place in that City and not elsewhere neither shall the Citizens there be compellable to appear upon any such Attaint in any other place notwithstanding the saâ—d Statute of 23 H. 8. Attorney I. Merton Cap. 10. 20 H. 3. Every Free-man that oweth suit to the County Tithing Hundred or Wapentake or to a Court-Baron may make an Attorney to doe his suit for him II. West 2. Cap. 10. 13 E 1. Any person may make a general Attorney to sue in all Pleas during the circuit of Justices in Eire howbeit that shall not excuse the party from being put upon Juries and Assises before the same Justices III. Stat. 7 R. 2.14 They who shall depart the Realm with the King's licence may before their departure have a Patent from the Chancellor with the advice of the Justices inabling them to make general Attorneys to answer for them in Writs of Praemunire facias and all other Writs and Plaints in which Patent particular mention shall be made of Writs and Plaints of Praemunire facias and those Attorneys may make Attorneys under them IV. Stat. 4 H. 4.18 All Attorneys shall be examined by the Justices and by their discretion put into the Roll. V. Those that are by them approved shall swear truly to serve in their Offices and to make no suit in a forein County An insufficient Attorney shall be put out by the like discretion of the Justices and their Masters or Clients shall have notice thereof lest they be prejudiced thereby VI. As any die or cease the Justices shall appoint others being vertuous learned and sworn as aforesaid VII If an Attorney be found notoriously in fault he shall forswear the Court and be never admitted into any other Court VIII The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion IX Stat. 4 H. 4.19 No Officer of a Lord of a Franchise which hath return of Writs shall be an Attorney in the same X. Stat. 7 H. 4.13 Impotent persons that are out-lawed may make their Attorney Howbeit in the Writ of Capias ad satisfac ' the Common Law shall still hold place XI Stat. 33 H. 6.7 There shall be but six common Attorneys in Norfolk six in Suffolk and two in Norwich if that shall seem reasonable to the Justices But it seems the Justices did not think it reasonable because this Act was never yet put in ure XII Stat. 32 H. 8. ca. 30. Every Attorney shall enter his Warrant of Attorney in every suit upon record in Conrt on pain of 10 l. and further punishment by imprisonment at the discretion of the Court. XIII Stat. 3 Jac. 7. An Attorney Sollicitor or servant to any shall not be allowed any fees laid out for counsel or otherwise unless he have tickets thereof signed by the hand of them that receive such fees and he shall also give unto his Client true Bills of all the charges of suit under his own hand before he can charge his Client with the payment thereof XIV If he delay his Client's suit for gain or demand by his Bill more then his due fees and disbursements the Client shall recover against him his costs and treble dammages and he himself shall be for ever after disabled from being an Attorney or Sollicitor any more XV. None shall be admitted Attorneys in Courts of Record but such as have been brought up in the same Courts or otherwise well practised in solliciting of Causes and also skilful and of honest disposition and none but such shall be hereafter suffered to sollicit Causes in any Court XVI An Attorney shall not admit any other to follow a suit in his name in pain that each of them shall forfeit twenty pounds to be divided betwixt the King and party grieved Avowry I. Stat. 21 H. 8.19 Upon a Replevin sued an Avowry may be made by the Lord or Conusance and justification by his Bailiff or servant upon the land holden of the said Lord without naming any person certain to be tenant thereof The like law is also upon every Writ sued of second deliverance II. In any Replegiare or second deliverance for rents customs service or dammage feasant if the Avowry Conusance or Justification be found for the Defendant or the Plaintiff be non-suit or otherwise barred the Defendant shall recover such dammages and costs as the Plaintiff should have had if he had recovered III. Both parties shall in such Writs have like pleas Aid Prayers and Joynders in Aid as at the Common Law notwithstanding this Act Pleas of disclaimer onely excepted Banks I. Magna Charta 9 H. 3.15 No Town or Free-man shall be distrained to make Bridges or Banks but such as of old time and of right have used to make them in the time of King Henry our Grandfather II. Magna Charta 9 H. 3.14 No Banks shall be defended from henceforth but such as were in defence in the time of King Henry our Grand-father by the same places and bounds as in his time III. Stat. 27 Eliz. 24. Justices of Peace in Norfolk shall take order for the repair of Sea-Banks and Sea-works within the same County IV. Every person shall be charged towards the repair of Sea-banks as they are chargeable towards High-waies V. The High-Constables shall be surveyours of that work VI. Those charged towards Sea-works shall be discharged towards the amendment of High-wayes Bankrupts I. Stat. 34 H. 8.4 The Lord Chancellor Treasurer c. shall take order with Bankrupts bodies lands and goods for the payment of their debts But this was altered by the ensuing Statutes II. Stat. 13 Eliz. 7. If any person Subject or Denizon exercising trade doth depart the Realm conceal him or her self take Sanctuary suffer him or her self to be arrested out-lawed or imprisoned without just canse to the intent to defraud Creditors being also Subjects born he shall be deemed a Bankrupt III. The Lord Chancellor or Keeper upon complaint in writing against any such Bankrupt may appoint honest and discreet persons to take such order with the body of such Bankrupt wheresoever found and also with the lands as well Copy as Free hereditaments annuities offices writings goods chattels and debts wheresoever known which the Bankrupt hath in his own right with his wife child or children or by way of trust to any secret use
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
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.
pain of 40 s. to be divided betwixt the King and the prosecutor and if the Treasurer or Receiver or their Clerks make and sign one they shall take but 4 d. for it in pain to forfeit 20 s. for every acquittance for which they take more to be divided as aforesaid and every acquittance shall be a sufficient discharge according to the tenor thereof XV. If any Receiver or his Clerk pay a pension or other annuity or rent and have a sufficient acquittance signed sealed and delivered unto him by the party that is to receive such payment he shall take nothing for such acquittance in pain to forfeit 20 s. and if the Receiver or Clerk provide such acquittance he shall not take above 4 d. for the same in pain to forfeit also 20 s. neither shall the Receiver or his Deputy take above the rate of 4 d. in the pound for money which he shall so pay in pain to forfeit 6 s. 8 d. for every peny he takes above The said forfeitures are to be divided betwixt the King and the prosecutor XVI The Auditor that takes above 3 s. 4 d. for enrolling any Patent Decree or Grant shall forfeit 6 s. 8 d. for every peny so taken to be divided as aforesaid and he shall enroll them being tendred unto him or as much thereof as concerns his office XVII Auditors shall cause Proclamation to be made in four Market-towns twenty days at least before their coming into the County to keep their Audit in pain of 5 l. XVIII Auditors shall send out their Precepts for the Audit betwixt Michaelmas and Christmas XIX An Accomptant that after notice doth not appear at the Audit or appearing refuseth to accompt or accompting defers to pay his charge to the Receiver above three weeks after or conceals or withdraws any rent or other profit shall forfeit his Office and fee and for concealing or withdrawing shall forfeit three times so much as is concealed or withdrawn proof of the said defaults being made to the Head-officer of any of the said Courts and the said Courts shall thereupon award process in the nature of Attachments for remedy thereof XX. In all actions for debts accruing to the King upon attainder outlawry forfeiture gift or other collateral way it shall be sufficient to shew generally that the party unto whom such debt did belong such year and day did give it to the King or was attainted outlawed or other act committed whereby it came to the King without alledging the particular circumstances And in such case the King shall be preferred both in suit and execution before any other person whatsoever XXI Lands of inheritance which were the King's debtor's are chargeable with the King's debts unto whomsoever after the debtor's death they shall descend remain or come XXII The King's debts are payable by the heir though he be not named in the Recognisance Bond or other Specialtie and notwithstanding the land which comes unto him be intailed XXIII The Executor and Administrator are also chargeable if they have Assets XXIV This Act shall not prejudice any who claim the lands chargeable by any just and former title without fraud XXV Upon sufficient cause shewed why the lands should not be charged the Court shall discharge them of the King's debt XXVI If the lands chargeable be in several mens tenures they shall be intirely charged and not severally XXVII This Act shall not diminish any of the Liberties or Privileges of the Dutchie or County Palatine of Lancaster XXVIII All Processes and Executions for debts growing in the Exchequer shall be made by the Officers of that Court but in such kind as is limited by this Act. XXIX Stat. 1 M. Parl. 1.10 The Queen may by her letters Patents alter dissolve or reduce into one or more the Courts of Augmentations First-fruits and Tenths Wards Surveyors and the Dutchie or may annex any of them together or unto any other Court of Record or erect of the same any other new Court or Courts XXX Provided that nothing in the said Letters Patents to be contained shall charge the Subject otherwise then as he ought to have been charged before the second day of this Parliament and that the Officers of the said Courts shall not hold Plea but onely where the Queen is party against any of her Subjects XXXI Provided also that if the Queen shall annex any of the said Courts to the Exchequer all things within the survey of the Court or Courts so annexed shall be ordered the Exchequer-way saving to all persons their Offices Rents Annuities and Fees to be paid out of any of the Queen's Courts where there shall be sufficient revenue to answer the same XXXII Stat. 16 Car. 10.17 cap. 10. The Court of Star-Chamber the Court holden before the Presidents and Councils in the Marches of Wales and the Northern parts the Court of the Dutchie of Lancaster holden before the Chancellor and Council of that Court the Court of Exchequer of the County Palatine of Chester holden before the Chamberlain and Council of that Court and all other Courts of like Jurisdiction and also all Warrants and Directions of the Council-board for commitments restraints or imprisonments awarded by the King or his Council are absolutely dissolved annulled and made void See the Statute at large XXXIII Stat. 16.17 Car. 15. An Act made against divers incroachments and oppressions in the Stannary Courts See the Statute at large XXXIV Stat. 12 Car. 2. cap. 24. The Court of Wards and Liveries and all Wardships Tenures in capite liveries Primer seisins Ouster le maines c. and other dependencies upon the said Court taken away and discharged and the Act of 32 H. 8. cap. 6. 33 H. 8. cap. 22. repealed XXXV Proviso Not to take away any rents heriots or suits of Court or other services belonging to tenures now taken away or in common soccage or to grow due to the King mean Lord or other private persons or the fealty and distress incident thereunto and such relief shall continue in respect of such rent as is paid in case of death of tenant in common soccage XXXVI Nor to take away any fines for alienations due by particular customes of particular mannors and places other then for lands held of the King in capite XXXVII Nor to take away tenures in frank-almoign nor alter any tenures by copy of Court-Roll nor any services of Grand-sergeanty other then Wardship Marriage and aids aforesaid XXXVIII Parents may dispose of the custody of their children untill they attain the age of 21 years Courts and Jurisdictions Ecclesiastical I. Stat. 17 Car. 1. cap. 11. A recital of the branch of the Stat. 1. El. cap. 1. whereby the high-Commission Court was erected for visiting reforming and correcting all Heresies Schisms c. and a Repeal of the same And enacted that no new Court be erected with like Power Jurisdiction or Authority but all Letters patents for that purpose and all authorities thereby granted to be void
wager of Law c. shall be allowed CLXI The party offending against this Act shall be disabled to execute any employment in any Court of Justice and to exercise any Jurisdiction by the force of any Letters Patents from the King CLXII No new Court which may have the like power that the High Commission pretended to have shall be hereafter erected but all such jurisdictions and all acts sentences and decrees made by colour thereof shall be utterly void and of none effect Vid. Title Courts and Eccclesiastical Jurisdiction n. 1.11 c. Cui in vitâ I. West 2.3 13 E. 2. A Writ of Entry called Cui in vita is given to the wife for the recovery of her land lost by the default of the husband in his life time and in his life time also she shall be admitted to defend her right if she come in before judgment II. The like priviledge is given to the Reversioner where the tenant in Dower by the Courtysie for life or by gift doth lose by default or will yeild up the land ☞ Customs Customers and Controllers I. Stat. 14 E. 3.21 A mark shall be the Custom of a Sack of wool and of woolfels and leather the old custom II. A Sack of wooll shall contain 26 stone and each stone 14 pounds and for every sack of wooll exported four nobles worth of silver plate shall be imported and brought to the King's exchange where the party shall receive his mony for his plate III. Wools shall not be cocketed but in the name of the right owner in pain to forfeit the same IV. Stat. 14 R. 2.10 No Customer or Controuler shall have any Ships of his own nor meddle with the freight of Ships V. Stat. 4 H. 4.20 Every Customer upon his account shall be sworn to render a true account to the King VI. Stat. 11 H. 4.2 None that holdeth a common Hostery shall be a Customer Controuler Finder or Searcher VII Stat. 3 H. 6.3 No Customer Collector or Controuler shall conceal Customs duely entred and paid in pain to forfeit the treble value of Merchandize so customed and to make fine and ransom to the King of which penalties the profecutor shall have a third part VIII Stat. 11 H. 6.15 Every Customer and Controuler shall deliver to the Merchant a warrant under the Seal of their Office of the Merchandize to them shewed without fee in pain to be subject to be sued by the Merchants and to forfeit for every such default 10 l. to the King and 5. to the Merchant IX Stat. 20 H. 6.4 Merchant Denizons that transport any Wooll Woolfels or Tin to any other place then the Staple shall pay such custom and other duties for the same as Merchants Aliens pay X. This Statute shall not prohibit such as have the King's licence to transport those commodities to other places then Calice where it seems the Staple then was XI Stat. 20 H. 6.5 No Customer Controuler Searcher Surveyor of Searchers or their Clarks Deputies Ministers Factors or servants shall have any Ship of their own use Merchandise keep a Wharf Inn or Tavern or be a Factor Attorney or Host to a Merchant in pain of 40 l. to be divided betwixt the King and the Prosecutor XII Stat. 1 H. 7.2 Aliens made Denizons shall pay such customs and subsidies as they did before they were made Denizons XIII Stat. 3 H. 7.7 Every Merchant that importing any goods into this Realm entring the same with the Customer of the Port where he lands and paying there all duties is minded to transport them to some other Port shall obtain a Certificate under the Customers Seals expressing the nature colour length value content or weight of such goods to be directed and delivered to the Customers of the Port where they are to be conveyed before they be discharged in pain to forfeit the said goods to be divided betwixt the King and the Prosecutor And the Customers are to make a true Certificate thereof in pain to forfeit their Offices and make fine at the King's pleasure XIV No Merchant Denizon or Stranger shall make entry of any goods in the Customer's books but onely in the name of the right owner in pain to forfeit the same suffer imprisonment and make fine at the King's pleasure XV. None shall take upon him to be a Customer Controuler or Searcher in any City Borough or Town while he is a common Officer or Deputy to a common Officer there in pain to forfeit 40 l. for every six moneths he so executes them together to be divided betwixt the King and the prosecutor XVI Stat. 11 H. 7.6 The Custome and Subsidy of all woollen clothes to be carried beyond Sea wheresoever they were packed shall be paid to the Customers of the Port where they shall be shipped or to their Deputies XVII Stat. 11 H. 7.14 Merchants Strangers though made Denizons shall pay such Customs and Subsidies as they should have paid if they had not been made Denizons XVIII Stat. 1 H. 8.5 The Branch of the Statute of 3 H. 7.7 concerning the entry of goods in another's name is repealed because it seemed to extend as well to Englishmen as strangers XIX Any Englishman and other Subject of the King 's may custom in his own name the goods of another Englishman or Subject XX. Every Merchant-stranger may custom in his own name the goods of another Merchant-stranger so that such Merchant-stranger and also the owner of the goods be charged with like custom XXI He that so customs goods that the King thereby loseth his custom or other duties shall forfeit the goods to the King and as much to the party grieved as the goods are worth XXII None free of the Prizage or Butlerage of Wines shall custome any Wines of another not free thereof in pain to forfeit the double value of the Wine so customed XXIII An Action of Debt is given to the party grieved against him that customs goods in his own name when they are another man's to recover the value of the goods so customed XXIV Stat. 4 H. 8.6 No Collector or Controuler of the Subsidy of Cloth of Gold Silver Bandekin Velvet Damask Sattin Sarsenet Tartron Chamlet or other Cloth of Silk shall take any thing for sealing the same in pain to forfeit 20 l. for every time XXV The Collector or Controuler shall not delay the Merchant in sealing such Merchandize in pain of 40 s. to be divided betwixt the King and the Merchant grieved XXVI Stat. 2. 3 E. 6.22 If any offend contrary to the Statute of 1 H. 8.5 they shall forfeit all their goods and chattels to be divided betwixt the King and the prosecutor if the Action be prosecuted within three years XXVII Stat. 12 Car. 2. ca. 4. A Subsidy of Tunnage and Poundage granted to the King for life upon the cause and trust of guarding and defending the Seas and intercourse of trade viz. Tunnage 1. Every Tun of French wine brought into the Port of London by
King nor his Bailiffs shall levie any debt upon lands or rents so long as the debtor hath goods and chattels to satisfie neither shall the pledges be distrained so long as the principal is sufficient but if he fail then shall the pledges answer the debt Howbeit they shall have the debtors lands and rents untill they be satisfied unless he can acquit himself against the pledges II. Magna Charta 18 9 H. 3. The King's debtors dying the King shall be served before the Executor III. West 1.19 3 E. 1. The Sheriff having received the King's debt upon his next account shall discharge the debtor thereof in pain to forfeit three times so much to the debtor and to make fine at the Kings will IV. The Sheriff or his heirs shall answer all moneys that they who he imploys do recive and if any other that is answerable to the Exchequer by his own hands do so he shall render thrice so much to the Plaintiff and make fine as before V. Upon payment of the King's debt the Sheriff shall give a tallie to the debtor and the process or levying the same shall be shewed him upon demand without fee in pain to be grievously punished VI. Artic. super Chartas 12. 28 E. 1. Beasts of the Plough shall not be distrained for the King's debt so long as others may be found upon such pain as is elsewhere ordained by Statute viz. by the Statute De districtione Scaccarii 51 H. 3. which see in Distress VII The great Distresses shall not be taken for his debts nor driven to farre and if the the debtor can find convenient surety the distress shall in the mean time be released and he that doth not otherwise shall be grievously punished VIII Stat. 13 El. 4. All the lands tenements and hereditaments with any Accomptant of the Queen her heirs and successors hath while he remains accomptable shall for the payment of the debts of the Queen her heires and successors be lyable and put in execution in like manner as if such Accomptant had stood bound by writing Obligatorie having the effect of a Statute staple to her Majesty her heirs and successors for payment of the same IX If this super be not paid within six moneths after the accompt past the Queen c. may sell so much of his estate as will answer the debt and the overplus of the sale is to be rendred to the Accomptant or his heirs by the Officer that receives the purchase-money without further warrant X. I such an Accomptant or Debtor purchase lands in others names in trust for his use that being found by Office or inquisition those lands also shall be liable to satisfie the debt in such manner as before is expressed XI Lands purchased by Accomptants since the beginning of the Queen's Reign either in their own names or in the names of others in trust for their use shall be also liable to be sold for the discharge of their debts as aforesaid rendering the overplus to the Accoumptant as before XII Provided that Bishops lands shall be onely chargeable for Subsidie or Tenths as they were before the making of this Act and not otherwise XIII Neither shall this Act extend to charge any Accomptant whose yearly receipt exceeds not 300 l. otherwise then as he was lawfully chargeable before this Act. XIV Neither shall this Act extend to such accomptants as by order of their Offices and charge-immediately after their accompts past are to lay out money again such as are the Treasurers of War Garrisons Navie provision of Victuals or for Fortifications or Buildings and the Master of the Wardrobe unless the Queen c. command present pay XV. Neither doth this Act extend to Sheriffs Escheators or Bailiffs of Liberties concerning whose Accompts the course remains the same that it was before XVI Lands bought of an Accomptant bona fide and without notice of any frandulent intent in the Accomptant shall be discharge And if they be found by Office yet shall they upon traverse be dischared without livery Oustre le main or other suit XVII The Queen c. being satisfied by sale of land the sureties shall be discharged for so much and if any yet remaine unpaid the surities shall pay the residue ratably according to their abilities XVIII Stat. 14 El. 7. The Statute of 13 El. 4. shall also extend to make the lands c. and goods of Under-Collectors substituted by Bishops and sede vacante by Dean and Chapter to collect the Tenths and Subsidies of the Clergie liable to their debts XIX The said Under-Collectors shall accompt in the Exchequer and the Bishop and Dean and Chapter sede vacante shall be discharged of so much as is levied of the Under-Collectors lands c. and goods XX. Stat. 27 El. 3. The Queen c. may make sale of the Accomptants lands c. as well after his death as in his life time and as well where the Accompt is made and the debt known within eight years after his death as where the accompt was made and the debt known in his life-time XXI Provided that after the Accomptants death and before the lands be sold a Scire facias shall be awarded to garnish the heirs to shew cause why lands c. should not be sold c. whereupon if the heir upon such garnishment or two Nichils returned do not prove unto the Court that the Executors or Administrators of the Accomptant have sufficient then 10 moneths after such two Nichils or garnishment returned the lands c. shall be sold and disposed according to the Stat. of 13 Eliz. 4. XXII Nevertheless the heirs sale bona fide upon good consideration before the Scire Facias awarded shall be good to him that is not consenting to defraud the Queen c. XXIII This Statute shall extend to all Officers of Receipts and Accompts to her Majesty and to no other XXIV If the debt grow in the Courts of the Dutchie or Wards a privie Seal shall issue out against the heir to appear at a certain day to shew cause c. when if he appear not upon Affidavit made that it was duly served an Attachment with Proclamation shall issue out against him to be proclaimed in some open Market in the County where he dwels twenty days at least before the retrun thereof whereupon if he appear not the lands c. shall be sold and disposed as aforesaid XXV The heirs lands shall not be sold during his minority but at any time within eight years after his full age they shall be liable as aforesaid XXVI If the Accomptant or Debtor had a Quietus est in his life-time that shall discharge the heir of the debt XXVII Stat. 7 Jac. 15. No debt shall be assigned to the King c. by any debtor or Accomptant other then such debts as did before grow due originally to the Kings Debtor or Accomptant bona fide XXVIII All Grants and Assignments of debts to the King c. contrary
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
the King and his Council therewith they shall take no fee but of the King nor give councel where he is a party and if they do amiss they shall be at the King's will in body lands and goods IV. Stat. 20 E. 3.2 The like is commanded to the Barrons of the Exchequer and to dispatch businesses depending before them without delay V. Stat. 20 E. 3.3 Justices assigned by Commission and of Assize and Gaol-delivery and their Associates shall make such oath as shall be enjoyned them by the King's Council or the Chancery before their Commissions be delivered unto them VI. Stat. 1 Jac. 10. None shall take any money or promise for the report of an order or cause referred unto them by any of the King's Judges or Court directly or indirectly in pain of 5 l. and to lose his office or place in the same Court VII The forfeiture is to be divided betwixt the King and the party grieved if he will sue for it but if not then betwixt the King and any other prosecutor VIII This Act shall not prohibit the Clark from taking for his pains in writing the Report viz. 12 d. for the first sheet and 2 d. a piece for the rest Justices in Eyre I. Marlb 24 52 H. 3. Justices in Eyre shall not amerce Townships because all of twelve years of age came not before the Sheriffs and Coroners to make inquiry of robberies House-burnings and other offences against the Crown so that a full Inquest of those Towns appear Howbeit upon an Inquest for the death of a man all of 12 years of age ought to appear unless they have some reasonable cause of absence II. West 1. cap. 18. 3 E. 1. The common fine and amerciament of the whole County in Eyre of the Justices for false judgment or other trespass shall hereafter be Assessed by the said Justices upon the oaths of Knights and other honest men and not by Sheriffs and Barretters as in times past hath been used And the said Justices shall cause the parcels thereof to be Estreated into the Exchequer and not the whole summe onely III. West 2. cap. 10. 13 E. 1. Justices in Eyre in their Circuits shall appoint a certain time before which all writs shall be delivered in and then the Sheriff shall certifie the chief Justice in Eyre how many writs he hath and what they concern after which time they shall not be received or if received shall have no force except writs that abate during the Circuit which may be amended also except writs of Dower of men dying within the summons of the circuit Assizes of Darrein presentment and Quare impedit of Churches vacant within the said summons and of Novel disseisin ☞ Justices of Assize I. Stat. Justic Assisarum Incerti temporis There shall be eight circumspect and discreet Justices Assigned to take Assizes Juries and Certificates throughout the Realm viz. Two in the Counties of York Northumberland Westmerland Cumberland Lancashire Nottingham and Darby Two in the Counties of Lincoln Leicester Warwick Stafford Salop Northampton Rutland Glocester Hereford and Wigorn Two in the Counties of Cornwal Devon Somerset Dorset Wiltshire Southampton Oxon Berk Sussex and Surrey And two in the Counties of Kent Essex Suffolk Norfolk Cambridge Huntingdon Bedford and Buckingham II. Assizes Juries and Inquests of Middlesex shall be taken before the Justices of the Bench. III. The said eight Justices so Assigned shall daily attend for that purpose at such places as they shall think fit and most for the ease of the people and writs of Assizes Juries or Recognizances shall be granted to be taken before none but them save of the special grace of the King IV. Stat. 20 E. 3.6 Justices of Assize have power to inquire of the misdemeanours of Sheriffs Escheators Bailiffs and other Ministers Imbraceors and Jurors and to punish such as be found guilty And the Chancellor and Treasurer are to hear all complaints thereof and to apply speedy remedy thereunto V. Stat. 6 R. 2.5 Justices of Assize and Gaol-delivery shall hold their Sessions in the chief Towns of every County where the Shire-Courts there use to be holden VI. Stat. 8 R. 2.2 No man of Law shall be Justice of Assize or Gaol-delivery in his own Country and the chief Justice of the Common Bench shall be Assigned amongst others to take Assizes and to deliver Gaols but as to the chief Justice of the King's Bench it shall be as for the most part of 100 years last past hath been wont to be done VII Stat. 11 R. 2.11 Because it was found inconvenient to the subject that Justices of Assize should be bound to hold their Sessions where the Shire-Courts use to be held the Chancellor by the advice of the Justices shall have power to order that otherwise as need shall be notwithstanding the Statute of 6 R. 2.5 VIII Stat. 20 R. 2.3 No Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices are there commanded not to suffer it IX Stat. 11 H. 4.3 Justices of Assize shall deliver into the Treasury the Records of Assizes of Novel desseisin Mortdancester and Certifications every second year after the plea determined and judgment given and those Records shall not be amended or impaired after judgment given and recorded X. Stat. 14 H. 6.3 The Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of peace and truce in the City of Carlile and not elsewhere according to the Statute of 6 R. 2.5 XI Stat. 33 H. 8.24 No Justice or other learned in the Law shall be Justice of Assize in the County where he was born or doth inhabit in pain of 100 l. to be divided betwixt the King and the prosecutor XII This Statute shall not extend to the Clark of Assize or to any Associate or to any such Justice of Assize XIII Neither shall these words Justices of Assize or others learned in the Law extend to Officers in Corporations but that they may be Justices of Assize of fresh force or other Assizes in the place where they dwell or were born XIV This Act shall not be prejudicial to any Justice of the one Bench or the other for hearing and determining Assizes in those Courts nor to any Justice that shall take any Assize by adjournment for difficulty thereof XV. The Clark of Assize shall not during the Sessions be of Council to any within the Circuit otherwise then as to his Office appertains in pain of 10 l. to be divided betwixt the King and the party grieved XVI This Act shall not extend to Justices Clarks nor Clarks of Assize within the Dutchy and County Palatine of Lancaster Justices of both Benches I. West 1. cap. 45. 3 E. 1. One plea shall be decided by the Justices of the King's Bench before another be commenced yet Essoins shall be entred and allowed but let none presume to absent himself at the
Officer there or unto the Lord Treasurer Chancellor under-Treasurer or one of the Barons of the Exchequer or unto the Attorney-general he shall forfeit 100 l. LXXIV Customers Controllers and Searchers have power to make Deputies in Ports Creeks and Roads and both they and their Deputies shall duly and faithfully execnte their offices in pain of a 100 l. and to lose their places LXXV Such custom shall be paid for sweet Wines as hath formerly been paid for Malmseys LXXVI This Act shall not infringe the liberties granted to the Isle of Anglesey and the Counties of Flint and Carnarvan so as they pay the due Customs and Subsidies and lade and discharge within the times and hours above mentioned LXXVII Stat. 43 El. 12. The Lord Chancellor or Keeper shall award a standing Commission to be renewed yearly or as often as to him shall seem meet for the hearing and determining of all such causes arising and policies of assurances as shall be entred in the office of Assurance in London LXXVIII This Commission shall be directed to the Judge of the Admiralty the Recorder of London two Doctors of the Civil Law 2 common Lawyers and 8 grave and discreet Merchants or to any 5 of them which Commissioners or the greater part of them shall have power to hear and examine order and decree all such causes in a brief and summary course as to their discretion shall seem meet without formality of pleadings or proceedings LXXIX The Commissioners have also power to summon the parties examine witnesses upon oath and commit to prison such as contemn or disobey their orders or decrees they shall meet and sit once a week at least in the office of Assurances or some other convenient publick place for the execution of the said Commission And no fees at all shall be there exacted by any person whatsoever LXXX If any be grieved by their sentence or decree he may exhibit his bill in Chancery for the re-examination thereof so as he first satisfie the sentence so awarded or deposit with the Commissioners the summ awarded and then albeit he be imprisoned he may be inlarged and here the Lord Chancellor or Keeper hath power to reverse or affirm every such sentence or decree and in case it be affirmed to award the party assured double cost LXXXI No Commissioner shall meddle in the execution of this Commission in any cause wherein himself is party Assurer or Assured not until he hath taken his corporal oath before the Mayor and Court of Aldermen to proceed uprightly and indifferently between party and party onely the Judg of the Admiralty and Recorder are excused from such oath LXXXII Stat. 3 Jac. 6. All the Kings subjects shall have free trade into and from Spain Portugal and France notwithstanding the late grant of an Incorporation to prohibit the same or any other Act or thing whatsoever to the contrary LXXXIII Provided that this Act shall not give liberty for any person to go beyond Sea who by Law is restrained from going without licence LXXXIV Stat. 3 Jac. 9. No merchant or other shall dress or cause to be dressed in his house or by any workman being no Skinner appointed by him for that purpose any black Cony-skins of this Realm nor transport any such or pack them to be transported before they be tawed and duly wrought by such as are Artizan Skinners or Tawers under them in pain to forfeit them or the value thereof LXXXV No Merchant shall buy or contract for any Cony-skins or Lambs-skins under the number of 1000 black Cony-skins 3000 grey Cony-skins and 2000 Lambs-skins at one and the same time to be so bought and delivered intirely together and not by parcels except they be bought of the Artizan-skinners neither shall the Merchant sell them again in less parcels then as aforesaid unless to the said Artizan-skinners in pain to forfeit the same or the value thereof LXXXVI None shall retain any Servant Journey-man or Apprentice to work in the trade of a Skinner unless he himself hath served 7 years as an Apprentice in the same trade in pain to forfeit the double value of his ware so wrought LXXXVII The forfeitures aforesaid are to be divided betwixt the King and the seisor or prosecutor LXXXVIII Stat. 4 Jac. 9. The general Statute of 3 Jac. 6. neither doth nor shall dissolve or impeach the Charter of Incorporation granted by Queen El. to certain Merchants of Exeter and their successors LXXXIX Stat. 14 Car. 2. ca. 23. Upon some defects in the Statute 43 Eliz. ca. 12. recited It is enacted That the Lord Chancellor or Keeper of the Great-Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a Doctor of the Civil-Law or a Barrister at Common-law of 5 years standing to be always one to make a Court of Pollicies of Assurance and act as any 5 before might have done XC The said Commissioners or any 3 of them impowred to summon parties and witnesses and upon Contempts or delay in the witnesses upon first summons and tender of reasonable charges and in the parties upon second summons to imprison offendors or give costs every Commissioner having taken the oath before the Lord Mayor of London to proceed uprightly in execution of the said Commission XCI Commissions may issue out of the Court of Admiralty for examining witnesses beyond Sea or in remote place by direction of the said Commissioners or any 3 of them And decrees may be made against the body and goods and against the Executors c. and execution accordingly and assess costs of suit as to them shall seem just XCII Any of the Commissioners may administer an oath to any witness legally summoned so as the adverse party have timely notice to the end witnesses be truly examined XCIII Provided Execution in no case be against body and goods for the same debt XCIV Provided An Appeal may be to the Chancery as in the said former Act. Marshalsey I. Artic. super Cart. 3. 28. E. 1. The Stewards and Marshals of the Kings house shall not hold plea of freehold debt covenant or contract but only trespass done in the house or Verge or of contracts and covenants when both parties are of the house and the plea of trespass shall be determined before the Kings departure from the Verge where the trespass was committed and therefore the plea thereof shall be speedy de die in diem and if the plea cannot be determined in time the Plaintiff shall in such case have recourse to the Common Law II. The Steward shall from henceforth take no conusance of debt or other things but of the people of the same house nor shall hold plea by obligation made at the distress of the said Stewards or Marshals And if any thing be done contrary to this Act it shall be holden void III. In case of death within the Verge where the Coroner is to make view the Coroner of the County together with the Kings
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
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 said six moneths expired And every such Plaintiff or Informer shall also recover treble Costs against the person offending as aforesaid And for avoiding excessive and immoderate playing and gaming If any person shall after the said 29. Sept. 1664. play at any of the laid games or any other pastime or game whatsoever other then for ready money or shall bett on the sides or hands of such as do or shall play thereat and shall lose any sum of money or other thing or things so playd for exceeding the sum of 100 l. at any one time or meeting upon ticket or credit or otherwise and shall not pay down the same at the time when he or they shall lose the same the party or parties who loseth or shall lose the said moneys or other thing so plaid for above the said sum of 100 l shall not be bound or compelled or compellable to pay or make good the same but all contracts securities and assurances for the same shall be void And the person so winning the said moneys or other things shall forfeit treble the value of all such sums of money or other things so won gained obtained or acquired above the said sum of 100 l the one moity to the King the other to the party that shall sue for the same within one year next after the offence committed in any Court of Westminster and treble Costs ☞ Players I. Stat. 3. Jac. 21. None shall in any Stage-play Shew May-game or Pageant profanely use the Name of God Christ Jesus the Holy Ghost or Trinity in pain of 10 l. to be divided betwixt the King and the prosecutor Pleading and Pleaders I. Stat. 36 E. 3.15 All pleas which shall be pleaded in any Court whatsoever within the Realm shall be pleaded shewed depended answered debated and judged in the English tongue but entred and enrolled in Latine Howbeit the Laws and customs of this Realm as also the Terms and Processes shall be holden and kept as before this time hath been used ☞ Pleas of the Crown I. Wagna Carta 17. 9 H. 3. No Sheriff Constable Escheater Coroner or any other of our Bailiffs shall hold pleas of the Crown Plumstead-Marsh I. Divers Statutes have been made for the Inning and saving of Plumstead-Marsh viz. 22 H. 8.3 14 Eliz. not printed 23 El. 13. and 27 El. 27. See them at large ☞ Poor People I. Stat. 11 H. 7.12 Every poor person having cause of action shall have original Writs and Suhpaenaesgratis also the Judge or Judges of the Court where the suit depends shall assign him Council and Attorney who are thereby enjoyned to dispatch his business without fees * II Stat. 43 El. 2. The Church-wardens of every Parish and four three or two housholders there according to the greatness of the Parish to be nominated yearly in Easter-week or within one moneth after under the hands and seals of two Justices of Peace 1. Qu. shall be called Overseers of the poor for the same Parish ☞ III. These Overseers or a greater part of them shall take order with the consent of two such Justices for the setting of poor people to work and for raising by taxation a convenient stock to work upon to relieve impotent persons to put forth Apprentices and to perform all other things concerning the premises IV. These Officers or such of them as shall not be let by some just excuse to be allowed by two such Justices shall meet monethly in the Church upon Sunday after Evening-prayer and there consider of some meet direction in the premises and shall within four dayes after the end of their year and other Overseers nominated yield up a true accompt to such two Justices pay the surplusage thereof to their successors and use all possible diligence in their Office in pain to forfeit for every such default 20 s. V. Where the Inhabitants of any Parish are not able to relieve themselves two such Justices may tax other Parishes and places and the whole Hundred also if need require and where the whâ—le Hundred is not able Justices of Peace in Sessions may tax the County in part or wholly at their discretions VI. It shall be lawful for the said Officers upon warrant from two such Justices to levy such tax or surplusage by distress and sale of goods and in default of distress two of the said Justices have power to commit the party to prison there to remain without bail until it be discharged and also to commit persons which refuse to work to the House of correction VII The said Officers or the greater part of them with the assent of two Justices of Peace may bind poor children Apprentices viz. a man-child till 24 years of age and a woman-child till 21. years or marriage VIII The said Officers shall with the consent of the Lord of the Mannor first obtained in writing under his hand and seal either of themselves or by vertue of a Sessions-order erect Cottages upon the waste and lodge In-mates therein notwithstanding the Statute of 31 El. 7. But those Cottages shall not be afterwards otherwise imployed then to lodge impotent persons therein upon the pains mentioned in the said Statute of 31. El. IX Justices of Peace in Sessions shall rectisie unjust taxes whose order therein shall be binding to all party X. The Father Grandfather Mother Grandmother and children of every poor person shall be assessed towards their relief as the Justices of Peace in Sessions of the County where such Father c. dwells shall limit and appoint in pain to forfeit 20 s. a moneth XI Officers in Corporate Towns and Aldermen of I onden have in their several Precincts like authority that Justices of Peace have in the Counties which said Justices are not to intermeddle in Corporations for the execution of this Law XII When one Parish extends into several Counties or Liberties the Justices or Head-Officers shall onely intermeddle within their respective limits but the Churchwardens and Overseers shall have mixt jurisdiction and shall render accompt as aforesaid to Justices or Head Officers of both places XIII If it happen Overseers not to be appointed according to this Statute every Justice of Peace or Head-Officer of that division or Corporation shall forfeit 5 l. to be levied by a Sessions Warrant and imployed to the use of the poor of the Parishes where such default is made XIV The forfeiture of this Statute shall be imployed to the use of the poor and levied by distress and commitment as aforesaid XV. Justices of Peace of every County and Corporation or the most part of them at Easter Session shall yearly or as often as they shall think fit rate every Parish at a certain sum to be paid weekly but so as no Parish may pay more then six pence nor less then a half peny and one Parish being considered with another not above two pence through the whole County or Corporation which sum so rated the Churchwardens and Constable of every Parish or
E. 3.11 Justices rssigned to hear and determine felonies shall direct their Writs to all the Counties of England where need shall be to take persons indicted or outlawed for felony III. Stat. 25. Stat. 5.17 Process shall be made in a Writ of debt and detinue of cattel and taking of beasts by Writ of Capias and by process of Exigent by the Sheriff's return as is used in a Writ of Accompt IV. Stat. 6 H. 6.1 Upon Indictment of any person in the Kings Bench for Treason Felony or Trespass a Capias shall be awarded against him as well to the Sheriff of the County where he was so indicted as of the County whereof he is named in the indictment returnable at least six weeks after before an Exigend shall be awarded And if any Exigend shall be awarded or Outlawry pronounced before such return they shall be void This Ordinance shall endure as long as it shall please the King V. Stat. 8 H. 6.10 Upon every such Indictment or appeal before Justices of Peace or other Commissioners or any person dwelling in another County then where the indictment or appeal was taken before any Exigend be awarded thereupon after the first Capias returned another shall issue out against him to the Sheriff of the County where he is supposed by the indictment to be most conversant returnable three moneths after before the Justices or Commissioners before whom he was so indicted or appealed where the Counties are holden from moneth to moneth but four moneths after where they are holden from six weeks to six weeks VI. In this second Capias the Sheriff shall be commanded to take him if he be in his Bailiwick but if he cannot find him then to make Proclamation at two several Counties before the rerurn thereof that he appear at the return at which time if he come not an Exigend shall be awarded And every Exigend awarded or Outlawry pronounced otherwise shall be void VII This Statute of 6 H. 6.1 is confirmed and an action upon the Case is maintainable by the party wrongfully indicted or appealed against the procurer thereof wherein he shall recover treble damages and the process thereof shall be as in Trespasse vi armis VIII This Act shall not extend to indictments or appeals taken in the County of Chester IX If the Indictee or Appellee happen to be conversant in the County where the indictment is found at the time of the finding thereof like process shall be made against the person as heretofore hath been used X. Stat. 10 H. 6.6 The Statute of 8 H. 6.10 is confirmed XI When such Indictments or Appeals as are mentioned in the Statute of 8 H. 6.10 are removed by Certiorari into the Kings Bench like Processes and Returns shall be issued and observed in that Court as the Justices or Commissioners are ordered to issue and observe by the same Statute And Exigents or Outlawries otherwise awarded or pronounced shall be void XII Stat. 19 H. 7.9 Like Process shall be hereafter had in Actions upon the Case sued in the Kings Bench or Common Pleas as in actions of Trespass or Debt XIII Stat. 23 H. 8.14 Like Process shall be had in every Action hereafter to be brought upon the Statute of 5 R. 2.7 which see in Forcible Entry as in Trespass and like Process in every Writ of Annuity and Covenant as in Debt XIV Stat. 8 El. 2. When any person shall sue forth of the Kings Bench any Latitat Alias and Pluries Capias against any person who thereupon doth appear and put in bail if the Plaintiff do not declare within three dayes after or do after Declaration delay or discontinue his suit or be non-suit the Judges of that Court shall thereupon award damages against the Plaintiff XV. The like shall be done in the Courts of the Marshalsey London and all other Corporations and Liberties where the Courts are kept de die in diem but where they are not so kept then the Plaintiff must declare at the next Court after appearance unless he have longer time allowed him by the Court. XVI If any shall malitiously for vexation and trouble cause or procure any person to be arrested or attached to answer in any of the said Courts at the suit of any person whereas there is none such or with out the consent or agteement of the party at whose suit such arrest or attachment is procured the party so causing or procuring the same and thereof convict by indictment presentment the testimony of two or more witnesses or other due proof shall suffer six moneths imprisonment without bail and shall not be inlarged untill he hath satisfied the party grieved his treble damages and besides shall forfeit unto him if he be known 10 l. to be recovered as also the said treble damages by action of debt bill or plaint in any Court against the party so offending his Executors or Administrators in which no Essoin c. shall be allowed XVII Stat. 12 Car. 2. ca. 3. Process and Judicial proceedings continued and pleas and process under certain titles and names of Custodes Oliver c. may be prosecuted and proceeded upon XVIII Process and Pleadings in English in Courts of Justice from the first return of Easter Term 1651. till the first of August 1660. confirmed and no longer And the pleading the General Issue allowed till then according to the pretended Acts for the same And all Process Writs and Patents c. hereafter to issue in the Kings name XIX Stat. 12 Car. 2. ca. 12. What Judicial Proceedings shall not be avoided by reason of any alteration of the Names Stiles or Titles but shall be good and effectual in Law notwithstanding such defects See the Statute at large See Arrests Numb IV. Prochein Amy. I. West 1.47 3 E. 1. If a chief Lord being Guardian make Feoffment of the heirs land the heir shall forthwith recover it by Assise of Novel disseisin against his Guardian and the renant and the seisin shall be delivered by the Justices to the next friend to the heir to whom the inheritance cannot descend to improve it for the use of the heir and to answer him for the issues at his full age and the Guardian shall lose the custody of the thing recovered and all the inheritance that he holdeth by reason of the heir but if the Guardian be a mean Lord he shall lose the Wardship of all and be grievously punished by the King II If the Infant be carried away or disturbed by the Guardian or his Feoffee or any other so that he cannot sue his Assize his Prochein Amy shall be admitted to do it for him III. West 2.15 13 E. 1. If an infant be eloined so that he cannot sue personally his Prochein Amy shall be admitted to sue for him Prohibition and Consultation I. Stat. De Circumspecteâ—ngatis 13 E. 1. For penance corporal or pecuniary enjoyned for deadly sin as Fornication Adultery or the like also for not fencing the Church-yard
and mixt attaints conspiracies Assizes Quare Impedits appeals of murder and felony and all actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal actions as debt detinue trespass account and the like amounting to the sum of 40 s. or above shall be sued by such Writs original or by bills at the election of the Plaintiff as is used in North Wales LXXX All personal actions under the sum of 40 shillings may be sued by original Bill as is also used in North Wales sealed by the judicial seal remaining in the custody of the Justice LXXXI The Fee for sealing every original Writ upon the causes aforesaid and for every Bill in Actions personal when the debt and damages amount to 40 s. or above is six pence and for every judicial process sued upon any such original Writ or bill seven pence whereof the King shall have six pence and the Justice one penny And for every bill in personal actions when the debt and damages amount not to forty shillings and for every judicial process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXXII All Writs of Scire facias and writs of Good Abearing or for the Peace or writs of Supersedeas upon the same and all other process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay seven pence whereof the King is to have six pence and the Justice 1 d. LXXXIII Every exemplification upon any Record shall be Sealed by the Judicial Seal for which the Plaintiff shall pay 20 pence whereof the King is to have 16 pence and the Justice four pence LXXXIV Recoveries and Fines Concords and Warrants of Attorney for the same may be taken before the said Justices of lands tenements and hereditaments within their authority by force of his general Commission without any dedimus as is used before the Chief Justice of the Common-Pleas LXXXV All fines levied before any of the Justices with Proclamation made the same Sessions it shall be engrossed and in two other great Sessions then next following shall be of the same force as Fines levyed with Proclamations before the Justices of the Common-Pleas LXXXVI Every person suing Writs of Entry in the Post or Writs of Covenant or any other Writs for any recovery to be had by assent or otherwise or for any fine to be levied shall pay fines to the Kings use for the same as well fines pro licentia concordandi as all other fines as is used in Chancery or elswhere in the Kings Courts of England which fines shall be paid to such persons as shall Seal the Original Writs for that purpose who shall accompt for the same as they do for the profits of the said Original Seal LXXXVII Also the Kings silver upon every such fine shall be paid as is used in the Common-Pleas of England viz. 2 s. and shall be received by the Justice before whom such fine is levied whereof the King shall have 16 d. the Prothonotary for entring it 2 d. and the Justice the rest who shall accompt for the Kings profit as he doth for the profits of the Judicial Seal LXXXVIII The four said Justices shall have each of them a Prothonotary to attend upon them for the entring of all Pleas Process and matters of Record in Sessions to be holden before the said Justices LXXXIX There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do which Officers shall attend upon the said Justices in their Circuits in proper person and not by Deputy XC The Marshall shall have upon every judgment and every fine 4 d. and the Cryer 1 d. and the like fees shall be paid upon the acquittal of felons and of such as be delivered by Proclamation or out of common mainprise XCI Here also are set down the fees that the Prothonotaries shall take for Writs Entries Judgments c. for which see the Statute at large XCII The King shall have all fines issues amerciaments and recognizances forfeited which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit that process may be awarded to the Sheriff to levy them for the Kings use which Sheriffs shall yearly accompt before the Kings Auditors to be thereunto assigned XCIII Besides the President Council and Justices aforesaid there shall be Justices of Peace and Quorum and also one Custos Râ—tulorum in every of the said 12 Counties who shall be appointed by the Chancellor of England by Commission under the Great Seal with the advice of the President Council and Justices aforesaid or three of them whereof the President to be one XCIV There shall not be more then 8 Justices of Peace in any of the said 12 Shires besides the President Council and Justices aforesaid and the Kings Attorney and Sollicitor all which persons shall be also put in every such Commission XCV These Justices of Peace shall be of good name and fame and may exercise their Office albeit they have not 20 l. per annum or be not learned in the Law but before they shall execute their Commission they shall take such Oath as Justices of Peace in England use to take before the Chancellor of England or else before the President or one of the same Justices of Wales by dedimus or before some other to be appointed by the Lord Chancellor for the purpose XCVI The said Justices of Peace or two of them at least 1. Qu. shall keep their Sessions four times in the year and at other times also upon urgent cases as Justices of Peace in England use to do for which they shall also have such allowances for themselves and their Clerks as the Justices in England have XCVII Here the fee for a Warrant of the peace or good abearing is 6 d. for entring of pledges to pay the King a fine upon an indictment 9 d. and if it be with protestation 12 d. for a supersedeas 8 d. and for a recognizance 12 d. XCVIII These Justices of Peace shall certify Recognizances taken before any of them for the Peace and good abearing into the next Sessions but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them upon such penalties as be therefore ordained XCIX All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least 1. Qu. and shall be duly set without partiality C. All such fines and amerciaments as also all issues lost forfeited recognizances and other forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that limit to the end that processes may
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
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
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
or filed of Record as by the Law and Statutes of this Realm they ought to do in pain to forfeit 10 l. to be divided betwixt the Queen and the Officers where the warrant should have been so filed and to suffer imprisonment by the discretion of the Justices of the Court where the default is made V. Stat. 21 Jac. 13. After Verdict given in any Court of Record the Judgment thereupon shall not be stayed or reversed for any variance in form onely between the original writ or bill and the declaration plaint or demand or for lack of an averment of the parties life or lives so as it be proved he or they be in life or for that the Venire facias Habeas corpus or distringas was awarded to a wrong Officer upon any insufficient suggestion or that the visne was in some part misawarded or sued out of more or fewer places than it ought to be so as some one place be right named or for mis-naming any of the Jurors either in the sir-name or Addition in any of the Writs or returns thereof so as constat de persona or for want of a return of any of the said writs so as a pannel be returned and annexed thereunto or for that the Officer's name is not set to the return so as as it appear by proof that the writ was returned by him or by reason that the Plaintiff in any Ejectione firmae or in any personal action being under age did appear by Attorney and the verdict pass for him VI. This Act shall not extend to any Writ Declaration or Suit of appeal of felony murther nor to any indictment or presentment of felony murther or treason nor to any process upon any of them nor to any Writ Bill Action or Information upon any penal Statute Isle of Wight I. Stat. 4 H. 7.16 None shall take more Farms then one in the Isle of Wight which one shall not exceed ten marks in yearly value in pain of 10 l. II. If any have several Farms above that value he shall keep one or more of them at his Election so as what he so keeps exceed not that value III. Such as have been at charge with their Farms in fines or repairs shall be indemnified Incontinency of Priests * I. Stat. 1 H. 7.4 The Ordinary shall punish Priests Clerks and Religious men for incontinency by imprisonment according to the quantity and quallity of their trespass Incumbent I. Stat. 13 R. 2.1 The Statute de clero 25 E. 3.3 touching the examination of the King's title to a Benefice when he presenteth in another's right is confirmed which see in Advowson II. When the King presenteth to a Benefice full of an Incumbent his presentee shall not be received by the Ordinary until the King hath recovered his presentment by Law III. If the King's presentee be received and the Incumbent put out without process the Incumbent shall begin his suit within a year after the Induction of the said presentee IV. Stat. 4 H. 4.22 Where an Incumbent is put out without due process he shall be at large to sue for his remedy by the Statute of 13 R. 2.1 at what time he pleaseth within or after the year Indicavit I. Stat. 34 E. 1. No writ of Indicavit shall be granted before the suit hanging in the spiritual Court between the parties be recorded and that the Lord Chancellor be certified thereof by the fight of the Libel ☞ Indictments I. West 2 Cap. 13. 13 E. 1. Sheriffs Bailiffs of Franchises and others that take Inquests of Malefactors shall do it by at lest 12 lawful men who shall put their seals to such inquisitions and the said Officers shall imprison such malefactors II. If they imprison any without such Inquests the party grieved shall maintain an action of false imprisonment against them III. Stat. 1 E. 3. Stat. 2. cap. 17. Sheriffs Bailiffs of Franchises and others who take Indictments shall do it by Roll Indented whereof one part shall remain with the Indictors and the other with him that takes them so as one of the Inquest may have one part thereof to shew to the Justices when they come to make deliverance IV. Stat. 25 E. 3. Stat. 5.14 After one is indicted for Felony before the Justices of Oyer and Terminer the Sheriff shall be commanded to attach his body by a Capias and if the Sheriff return a Non est inventus another Capias shall issue out returnable in three weeks whereby the Sheriff shall have power to seize his chattels and to keep them until the said return and then also if the Sheriff return a Non est inventus an exigent shall be awarded and the chattels shall be forfeit but if he yield himself or be taken by the Sheriff or other Officer before the return of the second capias his goods and chattels shall be saved V. Stat. 11 H. 4.9 No Indictments shall be made but by Inquest of lawful men returned by Sheriffs Bailiffs of Franchises or other Officers who ought to do it without having them nominated by other persons to the said Officers and all Indictments otherwise found shall be void VI. Stat. 3 H. 7.1 pars inde Justices of Peace may take by discretion an inquest whereof every man shall have lands of the yearly value of 40 s. to inquire the concealments of a former Enquest taken before them or others of matters inquirable or presentable before them and whereof complaint shall be made by Bill VII Stat. 37 H. 8.8 pars inde These words Vi armis viz. cum baculis cultellis arcubus sagittis or the like shall not of necessity be put into any inquisition or indictment but they shall be adjudged good notwithstanding those words are therein omitted ☞ Infections * I. Stat. 12 R. 2.13 None shall cause to be cast any garbage dung intrails or any other annoyance into the Ditches Rivers Waters or other places within or near any City Burrough or Town or the suburbs thereof in pain to be called by Writ before the Chancellor and if found guilty to be punished at his discretion ☞ Informers I. Stat. 18 El. 5. An Informer shall exhibit his suit in proper person and pursue it by himself or by his Attorney in Court and that by way of information or original Action and shall have no Deputy and all this in pain of 10 l. and the Pillory II. A note of the time of exhibiting the information shall be truly taken and from thenceforth it shall be accounted to be of Record before which time no process shall issue out upon it III. The Clark that makes out the process shall indorse the Informer's name and also the Statute upon which the Information is grounded in pain of 40 s. IV. No Jury shall appear at Westminster for a tryal upon any penal Law when the offence was committed above 30 miles from Westminster except the Attorney General for some reasonable cause require the same V. No Informer shall
compound with any Defendant before answer nor then but by consent of Court in pain of 10 l. and the Pillory VI. Where the Informer delayes or discontinues his suit or otherwise is non-suit or overthrown the Court shall assign costs to the Defendant to be immediately levied by execution issuing out of the same Court VII Justices of Oyer and Terminer Assize and Peace in their Sessions have power to hear and determine these offences VIII This Act shall not restrain Actions brought for Maintenance Champerty buying of title or Imbracery nor any certain person or body Politique to whom any forfeiture or penalty is specially limited nor certain Officers who have lawfully used to exhibit informations IX Stat. 29 El. 5. in fine If any shall be sued upon any penal Law in the King's Bench Common Pleas or Exchequer where such person is bailable by law or may appear by Attorney the person so sued shall at the day contained in the first process appear by Attorney to defend the same and shall not be urged to personal apparence or to put in bail to answer the same X. Stat. 31 Eliz. 10. The said clause of 29 Eliz. 5. shall only extend to natural born subjects or free Denizons and none others ☞ Inrolments I. Stat. 6 R. 2.4 Deeds that were inrolled and late torn or imbezeled by Rebels in the late Insurrection being exemplified shall be of the same force as the deeds themselves would have been if they had been extant II. Stat. 27 H. 8.16 Bargains and sales to raise an use of Inheritance or free-hold must be by deed indented and inrolled within six moneths after the date thereof in some Court of Record at Westminster or in the County where the land lyeth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the land is not worth 40 s. per annum is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in parchment and to deliver them unto the Custos Rotulorum within one year after III. This Act shall not extend to lands tenements or hereditaments in Corporations where an Officer or Officers there have lawfully used to inrol deeds or other writing IV. Stat. 34. 35 H. 8.22 All Recoveries deeds inrolled and releases acknowledged or taken before any Officer or Officers of any Corporation having authority to receive the same shall remain in force notwithstanding the Statute of 32 H. 8.28 which see in Leases V. Stat. 5 El. 26. All inrolments of such writings indented as are mentioned in the Statute of 27 H. 8.16 of lands c. in the Counties of Lancaster Chester and the Bishoprick of Durham being inrolled within six moneths after the Date thereof viz. those in Lancashire in the Chancery at Lancaster or before the Justices of Assize there those in Cheshire in the Exchequer at Chester or before the Justices of Assize there and those in the Bishoprick in the Chancery at Durham or before the Justices of Assize there shall be as good in law as if they were inroled in any of the Courts at Westminster Intrusion I. Prerog Beg. Cap. 13. 17 E. 2. When the King's Tenant in chief dies and his heir enters into the land before he hath done homage to or received seisin of the King he shall thereby gain no free-hold and if he die seized during that time his wife shall not be endowed thereof as it fell out in the case of the wife of Mansel the Marshal II. Stat. 21 Jac. 14. When the King or any claiming under his title shall be out of possession or not have received the profits of lands c. within the space of 20 years before any information of Intrusion brought to recover the same In this case the Defendant shall plead the general issue if he think fit and shall not be pressed to plead especially and shall also retain the possession thereof until the title be found for the King III. Where an information of Intrusion may fitly be brought on the King's behalf no Scire facias shall issue whereunto the subject shall be forced to a special pleading and be derprived of the grace intended by this Act. Ipswich I. Stat. 13 El. 21. The streets of Ipswich in the County of Suffolk and of the Suburbs thereof shall be paved with good paving stone and for ever repaired by the Owners Landlords or Terre-tenants along from and against their houses lands and tenements adjoyning to the street viz. so much of the said street in length as his house lands c. so adjoyning extend unto and in breadth during all the length to the Channel or to such place as the Channel there shall be appointed by the Bailiffs to extend unto in pain to forfeit for every yard square not sufficiently repaired 8 d. II. The Bailiffs of Ipswich and the Portmen there the Church-wardens and four of every Parish shall have authority to tax upon every house ground and tenement there free and copy reasonable summs of money to be yearly paid as well towards the finding of a convenient stipendary Minister within every Parish as for the reparation of the Churches Ireland I. In the Book of Magna Charta is an Ordinance for Ireland concerning divers matters intituled Ordinatio pro statu terrae Hiberniae II. Stat. 17 E. 1. cap. 1. The King's officers in Ireland shall purchase no land there without the King's licence III. Cap. 2. King's Officers in Ireland shall make no purveyance there but by writ out of the Chancery there or in England that in time of necessity onely and by the advice of the Council there IV. Cap. 3. All kind of Merchandizes may be exported out of Ireland except to the King's enemies and if any Officer restrain them he shall satisfie double damages to the party grieved and be also punished by the King V. Cap. 4. The fees for every Bill of grace in Ireland under the seal of the Justice there shall be 4 d. for the Bill and 2 d. for the writing thereof VI. Cap. 5. The Marshal's fee for a Prisoner when he shall be delivered is 4 d. VII Cap. 6. No pardon of the death of a man or other felony or for flying for the same shall be granted by the Justices there but onely at the King's command and under his seals VIII Cap. 7. No Officers there shall receive any original writ which is not sealed by the seal of Ireland or by the Exchequer-seal there of things concerning that Court. IX Cap. 8. The Justice of Ireland shall not delay or adjourn Assize of Novel disseisin there save onely in the County where he is and while he shall remain there X. Stat. 34 E. 3.17 All kind of Merchandize may be exported and imported out of and into Ireland as