II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority and that the same having made several alterations prejudicial to the ancient rights of Parliament and contrary to the laws of the land and by experience is found inconvenient doth repeal and adnull the said recited Act to all intents and purposes whatsoever III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops Bishops or persons therein named but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same IV. Proviso and enacted that it shall not be lawfull for any Arch-Bishop Bishop Chancellor or other Ecclesiastical Judge Officer or person having or exercising spiritual or Ecclesiastical jurisdiction to tender or administer unto any person whatsoever the oath Ex officio or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess or accuse or purge him or her self of any criminal matter or thing whereby he or she may be liable to censure or punishment V. Proviso Not to give any other jurisdiction to any Arch-Bishops c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament or established by the Laws as they stood in the year 1639. ☞ Cross-bows and Hand-guns * I. Stat. 33 H. 8.6 None shall shoot in or keep in his house any Cross-bow Hand-gun Hagbut or Demihake unless his lands be of the value of 100 l. per annum in pain to forfeit 10 l. for every such offence II. None shall shoot in or have any Hand-gun under the length of one yard nor Hagbut or Demihake under the length of three quarters of a yard in pain to forfeit 10 l. And it shall be lawfull for any man having lands of 100 l. per annum to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute but then he ought to break them within 20 days after in pain of 40 s. III. None shall travell with a Cross-bow bent or Gun charged except in time of war or shoot within a quarter of a mile of a City Borough or Market-Town except for the defence of himself or his house or at a dead mark in pain of 10 l. IV. None shall command his servant to shoot in any Gun or Cross-bow except at a dead mark or in time of war in pain of 10 l. V. The penalties abovesaid shall be divided betwixt the King and the prosecutor VI. Howbeit the followers of Lords Spiritual or Temporal Knights Esquires Gentlemen and the inhabitants of Cities Burroughs or Market-towns may keep in their houses and use to shoot but at a dead mark onely with Guns not under the lengths abovesaid so may the Owner of a Ship for the defence of his Ship and also he that dwells two furlongs distant from a Town or within five miles of the Sea-coast and this last may shoot at any wilde beast or fowl save onely Deer Heron Shovelard Fesant Partridge wild Swan or wilde Elke VII Those which have power from the King to take away Guns and Cross-bows in Forests Parks and Chases may retain the same notwithstanding this Act so likewise may Smiths and Merchants that make or sell them the several lengths abovesaid being duly observed ☞ VIII It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace who upon due examination and proof shall have power to commit him to prison there to remain till he hath satisfied the penalty which in this case shall be divided betwixt the King and the party that so takes the offender IX Every Placart granted by the King which expresseth not at what beasts or fowl the Grantee shall shoot and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other shall be adjudged void X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences XI When the conviction is in Sessions the whole forfeiture is to be levied to the King's use when in a Leet the one half is the King 's and the other half ought to be divided betwixt the Lord and the prosecutor XII Here if a Jury shall willingly conceal any thing the Justices or Steward have power to impannel another Jury by whom if the first Jury be found guilty of concealment they shall forfeit 20 s. a piece viz. to the King if it be in Sessions but if in a Leet then the one half to the Lord and the other half to the prosecutor XIII Forfeitures arising by this Act shall be sued for viz. by the King within one year and by a common person within six months otherwise they shall be lost XIV A servant upon command may use his Master's Cross-bow or Gun not prohibited by this Act so as he shoot at no fowl Deer or other game and may also by a license in writing carry it to any place to be mended * ☞ XV. Stat. 2. 3. E. 6.14 None under the degree of a Baron shall shoot in any Hand-gun within any City or Town at any fowl whatsoever or with any hail-shot in pain of 10 l. and 3 months imprisonment XVI This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6 so that they forbear to use any hail-shot and all other that presume to shoot shall present their own names viz. in a Corporation to the Mayor or Head-officer and in the County to the next Justice of Peace in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor Crosses I. West 2.33 13 E. 1. Lands where Crosses be set with purpose that the tenants thereof should defend themselves against the chief Lord or Lords by the Privileges of Templars and Hospitallers shall be forfeited as lands aliened in Mortmain ☞ Crown I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France II. Stat. 7 H. 4.2 The Crown of England and France were intailed to the King and his four sons by name III. Stat. 35 H. 8.1 The Crown of England is intailed to the King's daughter the Lady Mary the remainder to the Lady Elizabeth the
remainder to such as the King by his Letters Patents or last will in writing should limit * IV. Stat. 1 El. 1. No forein Potentate or person shall exercise any power within any of the Queen's Dominions and all Ecclesiastical Jurisdiction is annexed to the Crown so that the Queen and her successors by Letters Patents may authorize any Subject born to exercise the same V. For the better observance of this Act every Ecclesiasticall person and every officer both Ecclesiastical and Temporal and all the Queen's servants are enjoyned to take the Oath following VI. I. A. B. do utterly testifie and declare in my conscience that the Queen's Highness is the onely Supreme Governour of this Realm and of all other her Highness Dominions and Countreys as well in all Spiritual or Ecclesiastical things or cases as Temporal and that no forein Prince person Prelate or Potentate hath or ought to have any jurisdiction power supremacie preeminencie or authority Ecclesiastical or Spiritual within this Realm and therefore do utterly renounce and forsake all forein jurisdiction powers superiorities and authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queen's Highness her heirs and lawfull successors and to my power shall assist and defend all jurisdictions priviledges preeminencies and authorities granted or belonging to the Queen's Highness her heirs and successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book VII He that refuseth this oath shall forfeit his Spiritual or Temporal promotion or Office during his life And every person before he be admitted to any such promotion or Office shall take the said oath before such persons as shall have authority to minister the same and in case he refuse it he shall be adjudged uncapable of such promotion or office VIII Every person suing Livery or Oustre le main doing homage to the Queen received into the Queen's service taking orders or degrees in the Universitie shall take the said oath the first three before the Lord Chancellor or Keeper of the Great Seal the fourth before the Ordinary or Commissary and the last before the Chancellor or Vice-chancellor or their Deputies IX Provided if any having a Temporal Office of inheritance shall at first refuse to take the said oath and yet doth afterwards take it he shall be restored to his office X. None shall affirm or maintain the power or jurisdiction of any forein Prelate or Potentate within the Queen's Dominions in pain to forfeit all his goods and chattels and if he be not worth 20 l. at the time of his conviction he shall forfeit all he hath and besides suffer one whole year's imprisonment without bail and here for the second offence he shall incurre a praemunire and for the third shall be adjudged guilty of High Treason but this offence must be prosecuted within one year after it is committed and if the offence be by preaching teaching or words onely the prosecution by indictment shall be within six months otherwise the offender shall be set at liberty XI If he be a Clergie-man beneficed upon the first conviction all his spiritual promotion shall be void XII A Peer of the Realm guilty of such an offence shall be tried by his Peers XIII No Act for any matter of Religion or cause Ecclesiastical made by this Parliament shall be adjudged any errour heresie or Schism neither shall any person to whom the Queen her heirs and successors shall give authority to execute spiritual jurisdiction have power to adjudge any matter to be Heresie save onely such as have been so adjudged by Can. Scripture or by one or more of the General Councils or shall be so adjudged by the Parliament with the assent of the Clergie in their Convocation XIV No person shall hereafter be indicted or arraigned for any of the offences made by this Act but by two or more sufficient witnesses to be produced viva voce to testifie the same XV. No person shall be questioned for relieving aiding or comforting any such offender unless it be testified by two witnesses at least that at the time of such relief c. he had notice of the offence committed XVI Stat. 1 El. 3. The Parliament acknowledge the Queen to be right heir to the Crown and promise to defend her and the heirs of her body in that estate XVII The limitation of the Crown contained in 35 H. 8.1 shall stand and remain Law for ever and all clauses of Statutes and other things heretofore passed against the same shall be void * XVIII Stat. 5 Eliz. 1. None shall maintain the jurisdiction of the Bishop or See of Rome within any of the Queen's Dominions in pain to incurre a Praemunire both they and their accessaries ☞ XIX Justices of Assize and Just of Peace in Sessions or any two of them 1 Qu. have power to hear and determine this offence and are to certifie such presentments into the King's Bench within 40 days after they receive them if it shall be then Term-time if not then the first day of the Term then next ensuing in pain of 100 l. The Justices of the King's Bench also as well upon such certificate as also before themselves have power to hear and determine the same offence XX. All persons appointed to take the Oath of Supremacie by 1 El. 1. and all other Persons taking orders preferred to any degree in the Universities School-masters publick and private all persons taking any degree of Learning in the Laws in the Innes of Court or Chancery all Attorneys Protonotaries Philizers Sheriffs Escheators Feodaries all persons admitted to any Ministry or Office belonging to the Common Law or other Law or Laws and all Officers and ministers of every Court shall take the said Oath verbatim before they be admitted to exercise their Office ministry or profession which Oath shall be administred in open Court unto the Officers and Ministers of Courts and unto such as belong not to any Court in some open place in the presence of a convenient assembly and before other person authorized to give it by common use commission or otherwise XXI Archbishops and Bishops have power to minister the said Oath within their proper Diocess XXII The Lord Chancellor or Keeper without further warrant may direct Commissions to tender it XXIII None compellable to take this Oath by this Act or that of 1 Eliz. shall refuse to take it in pain to incurre a Praemunire so that they be indicted or presented for such default within a year XXIV Every person having authority to tender this Oath shall within 40 days after the refusal thereof if it be then Term-time if not then the first day of the next Term certifie under his hand and seal the name place and degree of the person so refufing unto the King's Bench in pain of 100 l. And the Sheriff of the County shall impannel a Jury of the same County to inquire
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
from Church without any lawfull cause impugned the Queen's authority in causes Ecclesiastical or frequented Conventicles or persuaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remain untill they shall conform themselves and make such open submission as hereafter shall be prescribed And if within three moneths after such conviction they refuse to conform and submit themselves being thereunto required by a Justice of Peace they shall in open Assize or Sessions abjure the Realm ☞ and if such abjuration happen to be before Justices of Peace in Sessions they shall make certificate thereof at the next Assize or Gaol-delivery LXXI If such an offender refuse to abjure or going away accordingly doth return without the Queen's license he shall be adjudged a felon and shall not enjoy the benefit of Clergie but if before he be required to abjure he makes his submission the penalties aforesaid shall not be inflicted upon him LXXII The form of the Submission is as followeth I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawfull government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Statutes and Laws of this Realm and in using and frequenting disordered and unlawfull Conventicles and Assemblies under pretence of Exercise of Religion and I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utmost endeavour to maintain and defend the same LXXIII The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXIV The offender that after such submission falleth into a relapse shall take no benefit thereby LXXV The forfeitures of this Act and of 23 Eliz. 1. may be recovered by action of debt LXXVI The third part of the penalties which accrue by this Act shall be disposed as those of 29 El. 6. LXXVII A feme covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his land during life Howbeit here shall be no corruption of bloud loss of Dower or disherison of heir * LXXVIII Stat. 35 El. 2. Popish Recusants above 16 years of age shall within 40 days after their conviction repair to their usual dwelling and not remove above 5 miles from thence in pain to forfeit all their goods and their lands and annuities during life ☞ And if they have no certain abode then are they to repair to the place where they were born or where their father or mother dwells and within 20 days after their arrival there to give their names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs is to certifie the same to the next Quarter-Session where the Justices of Peace shall cause them to be inrolled LXXIX A Copiholder shall in this case also forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seized or possessed in trust to the use of a Recusant for then the Queen shall have the forfeiture LXXX A Popish Recusant being no feme covert not having lands worth 20 marks per annum or goods worth 40 l. which within the time above limited doth not repair to the place of his abode or doth depart above five miles thence or within three moneths after his arrival there doth not make the submission hereafter following being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of Peace or the Coroner abjure the Kingdom which abjuration shall be by the said Justices or Coroner certified in at the next Assize or Gaol-delivery LXXXI If such Popish Recusant depart not the Realm within the time limited by the said Justices or Coroner or return without the Queen's license he shall be adjudged a felon without Clergie LXXXII A Jesuit or Priest refusing to answer shall be committed to prison and there remain till he will answer the questions whereupon he was before examined LXXXIII This Act shall not restrain a Recusant urged by process or summons without fraud to travel without the abovesaid limits so he return again in a convenient time neither him that is compelled to render his body to the Sheriff LXXXIV If such an offender before conviction upon a Sunday or some Festival day repair to Church and there hear Divine Service and before the Gospel make the Confession following he shall be discharged of the penalties inflicted by this Act. The Confession is this LXXXV I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawful government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realm and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty within any of her Majestie 's Realms or Dominions And I do promise and proceed without dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utter most endeavour to maintain and defend the same LXXXVI The Minister of the Parish where such submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXXVII The offender that after such submission falleth into a relapse shall take no benefit thereby LXXXVIII Every married woman shall be bound by this Act save onely by the clause of abjuration LXXXIX Stat. 1 Ja. 1. A Recognition that upon Queen Elizabeth's death the Crown of England and all the Kingdomes Dominions and rights belonging to the same did by lawfull birth-right and succession descend to King James XC Stat. 1 Ja. 1. All the aforesaid Statutes made in the time of Queen Elizabeth shall be duely put in execution against all such as do not conform themselves as aforesaid XCI Where the Ancestor dies a Recusant the heir being none or conforming himself and taking the Oath of Supremacie before the Arch-bishop or Bishop of the Diocess the land shall be freed from all penalties XCII If an heir within age after he shall have
to the true intent of this Act shall be void Decies tantum * I. Stat. 38 E. 3.12 If a Juror take any thing of either party to give his verdict and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8 which see in Jurors he shall pay ten times so much as he hath taken to be divided betwixt the King and the prosecutor And all imbraceors that procure such Inquest shall incurre the like punishment II. If the Juror or Embraceor have not whereof to make gree he shall suffer a years imprisonment III. But no Justice or other Officer shall inquire of this offence ex officio Declaration I. Stat. 36 E. 3.15 By the ancient terms and forms of pleaders no man shall be prejudiced so that the matter of the action be fully shewed in the Declaration and in the writ Deeds and Writngs I. Stat. 1 M. Parl. 1 Sess 2. cap. 4. All Statutes Recognizances and writings made by or to any person since the sixth of July last and before August under the name of any other then the Queen shall be good II. This Act shall not extend to make good any letters patents commissons grants or other writings made by the Lady Jane Dudley since the said sixt of July last Demurrers I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges shall proceed and give judgment according to the right of the cause and matter in law without regard to any defect in the proceeding except such onely as the party shall express together with his demurrer after which time no judgment shall be reversed by writ of Errour for any other defect then such as he shall there mention And if there happen to be any other the Judges may amend them II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment Presentment or penal Statute Dilapidations I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings whereof they are seized in right of their Place or Function suffer them to fall into decay for want of repair and make fraudulent gifts of their personal estate with purpose to hinder their successors from recovering dilapidations against their executors or Administrators in such case the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate as he might have had against the executor or administrator of the predecessor II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings for which they were paid in pain to forfeit to the Queen c. double so much as shall not be so imployed ☞ Deceit * I. West 1.29 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party and thereof be attainted he shall suffer a year and a days imprisonment at least and if he be a pleader he shall be also expelled the Court and if they shall deserve greater punishment it shall be at the King's pleasure II. Officers Criers of Fee and Marshals of Justices in Eyre shall not take money otherwise then they ought to do in pain to pay the treble thereof to the complainants III. Stat. 2 E. 3.17 A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land as in case of summons in Plea of land Discontinuance of right or estate I. Stat. 11 H. 7.20 If a woman that hath an estate in Dower for life or in tail joyntly with her husband or onely to her self or to her use in any lands c. of the Inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seized to the use of the husband or his ancestors do sole or with an after taken husband discontinue or suffer a recovery by coven it shall be void and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery II. Provided that the woman may enter after the husbands death but if the woman were sole the recovery or discontinuance barreth her for ever III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Discontinuance of process I. Stat. 11 H. 6.6 No suit before Justices of Peace shall be discontinued by a new Commission of Peace II. Stat. 1 E. 6.7 The death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the original and judicial process in respect of the King's name be material as concerning any default to be alledged therefore III. Assizes of Novel disseisin Mortdancester Juris utrum or Attaints shall not be discontinued by reason of death new Commissions Associations or the not coming of the same Justices or any of them IV. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one Bench or the other or Serjeant at Law shall not make the suit abatable V. Preferment of a Justice of Assize Goal-delivery or Peace or of any other Commissioner to the dignities aforesaid or to be Sheriff shall not lessen his power But note that to be Sheriff is altered by 1 M. Parl. 1.8 which see in Sheriffs VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony though he were reprieved by other Justices VII No process or suit before Justices of Assize Goal-delivery Oyer and Terminer or Peace or other of the King's Commissioners shall be discontinued by a new Commisson or by the alterations of any of their names ☞ Dispensations I. Stat. 28 H. 6.16 All Bulls Breves Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void and shall not be used in pain of a Praemunire II. Former lawfull marriages are confirmed III. A confirmation of all Arch-bishops and Bishops and their authority and of other Ecclesiastical persons and orders by authority of this Act and not by any forreign power IV. The effect and contents of all Bulls Breves and other faculties purchased of the See of Rome which are allowable shall be confirmed under the great Seal Distresses I. Stat. de districtione Scaccarii 51 H. 3. The owner of impounded cattel may give them food without disturbance II. A distress taken for the Kings debt shall not be sold within fifteen days and upon shewing of a tallie and giving surety for his appearance in the Exchequer upon the next accompt the distress shall cease the Sheriff shall also attach the party that received the debt to be there also at the same time III. Neither draught nor cattel nor sheep shall be distrained except for damage feasant so long as other goods may be
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
endeavour your self for your part to the best of your knowledg and power to the making of such wholesome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows being in Commission with you for the due redress reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in execution without favour meed dread malice or affection as God you help and all Saints XIV All Statutes of Sewers heretofore made are confirmed XV. The Commissioners have power to make and ordain Laws Ordinances and Decrees and all and every thing mentioned in their Commission according to the true meaning thereof and the same to reform repel and amend and make new as need shall require XVI If any person assessed to any lot or charge for any lands tenements or hereditaments within the limits of any Commission do not pay the same according to the Ordinance of the Commissioners by reason whereof the said Commissioners decree the same lands tenements or hereditaments from the owner or owners thereof and their heirs to any other for years life or in fee for the payment of the said lot or charge Every such Decree and Ordinance by them made ingrossed in parchment and certified into the Chancery under their seals with the Kings assent thereunto also had shall bind all such person or persons having any Estate in the premisses in use possession reversion or remainder their heirs and scoffees and shall not be otherwise reformed then in Parliament XVII The Kings Lands Tenements and Hereditaments shall be as liable to the Laws Ordinances and Decree of the Commissioners or any six of them as those of any other XVIII If a Commissioner not sworn as aforesaid or being sworn and not having lands tenements or hereditaments to his own use in fee or for life worth 40 marks per annum besides reprises except resiant and free of a Corporation and having moveables worth 100 l. or else an utter Barister do attempt to execute the said Commission he shall forfeit for every time so doing 40 l. to be divided betwixt the King and the prosecutor XIX Avowry and Justification of a distress taken or of any other Act done by reason of the said Commission shall be made without any express or rehearsal of any other matter contained in this Act or any Commission Laws or Ordinances thereupon made whereupon the Plaintiff shall be admitted to reply that the Defendant did take the said distress or did any other act or trespass of his own wrong and thereupon the issue shall be tryed by the Verdict of twelve men and not otherwise And upon the trial the whole matter on both parts shall be given in evidence And here if the verdict pass for the Defendant or the Plaintiff be non-suit the Defendant shall recover his treble damages and costs to be assessed by the same Jury or a Writ to inquire of damages as the cause shall require XX. The Commissioners shall have for their pains 4 s. a day and the Clerks 2 s. a day out of the taxes aforesaid c. Also the Commissioners or any six of them have power at their discretions to allow out of the said taxes more to the Clerk for Writing-Books and Process and to Collectors and others that take pains in the due execution of the same Commission XXI When any such Commission is directed for the reformation of any thing within the Dutchy of Lancaster the Commissioners shall be named by the Lord Chancellor Lord Treasurer the two chief Justices and the Dutchy or any three of them whereof the Lord Chancellor and Chancellor of the Dutchy are to be two And in this case two Commissions shall issue forth viz. one under the Great Seal and the other under the Seal of the Dutchy XXII The fees for every such Commission shall be 2 s. 6 d. to the King for the Seal and 5 s. to the Clerk for writing and enrolling it and no more XXIII A Commission of Sewers shall continue in force but three years from the Teste and the King by a Supersedeas out of the Chancery may discharge any Commission or Commissioner at his pleasure XXIV The Laws Decrees or Ordinances of the Commissioners shall continue no longer in force then their Commission unless they be engrossed in parchment and certified under their seals into the Chancery and the Kings assent obtained thereunto XXV When any such Commission is directed into Wales and any other County Palatine two Commissions shall issue out viz. one under the Great Seal and the other under the Seal of such County Palatine in like manner as is above ordained for the Dutchy of Lancaster XXVI The Kings assent aforesaid shall be certified into the Chancery under his Privy Seal without fee only the Clerk shall have two shilling for writing the Certificate and not above XXVII The Chancellors of the Principality of Wales or any other County Palatine having the custody of the Seal there upon request made and upon sight of the Commission under the Great Seal may thereupon make out another under the Seal of such County Palatine according to the tenor of the Kings Commission and also to the Commissioners therein named except within the Dutchy of Lancaster for which the provision abovesaid shall be observed XXVIII Stat. 25 H. 8.10 None shall be compelled to be sworn or to sit or travell in the execution of any Commission of Sewers unless he be dwelling within the County whereof he is assigned a Commissioner XXIX If any Commissioner being required by any having authority by the Kings Writ or otherwise to give him the Oath provided by 23 H. 8.5 shall refuse to take it upon such refusal or contempt done in Chancery or returned thither with the said Writ he shall lose five marks for every such contempt unless he alledg sufficient cause in Chancery the same Term wherein such return is made for his excuse and discharge in that behalf XXX Stat. 3. 4 E. 6.8 The Statute of 23 H. 8.5 is made perpetual in such manner as it may stand with the sequel and additions hereafter mentioned XXXI All sums of money rated by Commission of Sewers upon any of the Kings land shall be leviable by distress or otherwise as may be done in the lands of other persons and acquittances under the hand of such Collector or Receiver as shall be appointed by the Commissioners or any six of them shall be a sufficient discharge as well to the Tenants of the Kings Lands as also to the Receiver Auditor or other Officer for the allowance of the said rates to such Tenants XXXII Like fees shall be paid for Commissions and Dedimus Potestatem under the Dutchy Seal as are paid for them obtained under the Great Seal XXXIII A Commission of Sewers shall endure five years unless
be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accompts for the fees of the Justices and Clerks of the Peace as is used in England CI. The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able persons in every of the said twelve Shires to be Sheriffs thereof and shall certify their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriff shall have their Pattents under the Great Seal of England and shall make oath and acknowledg recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just accompt before the Kings Auditors assigned for Wales CII The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and Precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly accompt to the Auditor or Auditors assigned by the King for VVales and shall each of them have yearly for his fee 5 l. CIII All Officers and other persons in VVales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and process from any of them directed and all lawfull and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices CIV Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledg Recognizances before the President or one of the Justices by a Dedimus for the due execution of their Offices and for their true account before the Kings Auditor or Auditors to be assigned for that purpose which oath and recognizance shall be agreeable to those used for Escheators in England CV Such Escheators shall yearly have their Pattents under the Great Seal and shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum free-hold and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales CVI. There shall be also two Coroners elected for each of the said 12 Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester ☞ CVII The Justices of Peace or two of them 1. Qu. shall appoint in every hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England CVIII The Sheriff shall have a Goal in a place of the Castle of the Shire-town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailâ—ffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CIX Sheriffs shall keep their Counties Monthly and their Hundred-Courts for pleas under 40 s. and shall take for entring of plaints process pleas and judgments there as is used in England and not above Also all tryals in such Courts or before Stewards in Court Barons shall be by Wager of Law or verdict of six men at the election of the party Plaintiff or Defendant that pleads the plea. CX Sheriffs shall hold their Turns yearly after Easter and Michaelmas as is used in England CXI The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turnes to his own use and the Sheriff shall account for the same accordingly having been first affered by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so affered in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CXII Certain fees which the Sheriff is to have for the return and execution of divers writs For which see the Statute at large CXIII Every Sheriff within this limit may put suspitious persons under common main-prise according to the Statute of 37 H. 8.26 which see before binding them with two sufficient Sureties by recognizance to appear before the Justices at the next great Sessions and shall then also certify the names of the parties so bound without concealment CXIV The Sheriffs fee for taking such common main-prise is 2 d. but he shall take no fee for the return of any writ of execution unless he return the same executed CXV The fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CXVI None for murder or felony shall be put to his fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CXVII The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CXVIII Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXIX If any forreign plea or voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole record unto the Justice that sent it who thereupon shall proceed to Judgment as