made upon hearing of the cause 20 s. And for every other Certificate or Report of any order made upon petition or motion onely 10 s. To be paid by the party that takes out the Report or Certificate And if any master directly or indirectly receive any money see reward or promise otherwise or for any other matter in this Act then as aforesaid every such Master after legal conviction to be disabled from the execution of his office and forfeit to the party grieved so much money as he shall take contrary to this Act and moreover 100 l. one moiety to the King and the other to the party grieved that shall sue for the same And several Tables of the said Fees to be set up in the said office and in the Chappel of the Rolls that all parties may take notice thereof See Clerks of the Chancery Chelsey I. Stat. 7 Ja. 6. A College shall be erected at Chelsey and a trench shall be made to convey water from the river of Lee to London to maintain the same Chester and Cheshire I. Stat. 1 H. 4.18 If any inhabitant of the County of Chester commit murther or felony in another County process shall be made against him to the Exigent in the County where the offence was done and if he then flie into Cheshire the Exigent or Outlawry shall be certified to the Officers of Cheshire who shall thereupon take the offender and seize his lands and tenements and goods and chattels for the Prince's use the King shall also have his year day and waste likewise his lands and goods in other Counties shall remain forfeit to the King and other Lords having thereof Franchise The like process and proceeding shall be also had against the offender in battery or trespass so committed and his goods and chattels shall be forfeited to the King Prince or Lords respectively as aforesaid ☞ II. Stat. 27 H. 8.5 Justices of the Peace Quorum and Gaol-delivery are to be nominated and made in Chester and Wales by the Lord Chancellor or Keeper of the Great Seal of England in like manner as within the Realm of England which Justices shall certifie their extracts and the severall Sheriffs make their accounts as in the said Statute is directed III. The Justices and Clerks of the Peace shall have like fees as in England and inferiour Officers shall be attendant to the Justices ☞ IV. Stat. 32 H. 8.43 Sessions shall be kept by the Justices for the time being in the County of Chester twice in the year onely viz. at Michaelmas and Easter-Sessions and the old order of keeping the County-daies shall cease V. Stat. 33 H. 8.13 The Sheriff of the County of Chester shall keep his County-Court monethly in the Shire-Hall of the said County VI. The Justicer or his Deputy may keep their two Sessions at what time of the year they please so they cause them to be proclaimed 15 days before VII Stat. 34 H. 8.13 The County of Chester shall have two Knights and the City of Chester two Burgesses for the Parliament VIII No Writ of Course in the nature of a Protection shall be granted in the County Palatine of Chester IX Stat. 2 E. 6.31 All Recognisances of Statutes-Merchant c. acknowledged before the Mayor of Chester shall be good in Law X. Stat. 43 Eliz. 15. Fines may be levied before the Mayor of the City of Chester for lands lying there XI A Dedimus potestatem may be granted by the Mayor of Chester to take the acknowledgment of a fine XII Howbeit Fines taken before the Mayor may upon errour be reversed before the High Justice of the County Palatine of Chester Chimney-money Vid. Title King n. 8. Chirographers I. Stat. 2 H. 4.8 The Chirographer or his Deputy shall take but 4 s. for a fine in pain to forfeit his Office be judged before the Court suffer a year's imprisonment and pay treble dammages to the party grieved to be recovered before the Justices of the same Court Church-yard I. Stat. Nè rectores prosternant Arbores in coemeterio 35 E. 1. Parsons of Churches shall not cut down trees growing in the Church-yards unless for the necessary repair of the Chancel or in charity of the body of the Church See Title Fighting and quarrelling And see Arrests num 1 2 3. Citation I. West 2.43 13 E. 1. Hospitallers and Templers shall draw none into suit before the keepers of their privileges neither shall their keepers cite any to the prejudice of the King or Crown * II. Stat. 23 H. 8.9 None shall be cited to appear out of the Diocess or peculiar jurisdiction where he or she dwelleth except by some Ecclesiastical or other person within the Diocess or other jurisdiction whereunto he is so cited for some offence or cause committed or omitted contrary to right or duty or upon an appeal or other lawful cause or when the Judge dares not nor will not cause him to be cited or is any way party to the suit or at the instance of the inferiour Judge to the superiour where the Law civil or Canon doth allow it and all this in pain to forfeit double dammages to the party grieved and 10 l. to the King to be divided betwixt him and the prosecutor III. The Arch-bishop may cite for heresie in any Diocese within his Province upon consent or neglect of the Bishop or Judge there IV. This Act shall not restrain the jurisdiction of the Prerogative Court for Probate of Testaments V. The Ecclesiastical Judge shall take but 3 d. for a Citation upon the pains aforesaid Clap-board I. Stat. 35 El. 11. For every six tun of Beer exported the same Cask or as good or 200 of Clap-board fit to make Cask shall be imported or if they be transported into Ireland 200 of Shaffold-board which Clap-board or Shaffold-board by a Stranger shall be left here before the Beer be exported but by a Subject shall be left here or provided within four moneths after II. The Clapboard shall contain 3 foot 2 inches at least in length and the Cask shall be entred at the Custom-house III. The same Law for strangers that transport fish in Cask and the penalty of breaking their Laws is the forfeiture of the Beer Fish and Cask IV. None shall transport any Wine-cask with Beer or Beerager or Wine-cask shaken except for victualling of a Ship or other vessel or some of her Majestie 's Garrisons beyond sea in pain to forfeit 40 s. for every tun of Cask so transported V. This Act shall not prohibit the transportation of Herrings in Cask ☞ Clergy I. West 1.2 3 E. 1. A Clerk convict for felony and delivered to the Ordinary shall not be enlarged without due purgation II. Stat. De Bigamis 5. 4 E. 1. Bigamus shall not be allowed Clergy III. Artic. Cleri 15. 9 E. 2. A Clerk flying into the Church for felony shall not be compelled to abjure IV. Artic. Cleri 16. ◠E. 2. The privilege of the Church being demanded
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
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
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
or not repairing the Church or sufficiently adorning it a Prohibition lieth not Nor for Oblations Tythes Mortuaries Pensions laying violent hands upon a Clerk Defamation when money is not demanded nor for breaking an Oath II. Stat. De Consultatione 24 E. 1. When the Chancellor or chief Justices upon sight of the Libel conceive that the Plaintiff cannot have remedy in any Temporal Court the Plaintiff shall have Consultation viz. the said Chancellor or chief Justice shall write to the Ecclesiasticall Judges before whom the cause depends that they proceed therein notwithstanding the Kings prohibition III. Artic. Cler. Cap. 1. 9 E. 2. For tythes oblations obventions or Mortuaries when they are propounded under those names the Kings Prohibition shall not hold place albeit for the long withholding of them they come to a pecuniary estimation but if an Ecclesiastical person lodge his tythes in his barn and then sell them for money if that money be demanded before a Spiritual Judge for this a prohibition lieth for by the sale they are made Temporall IV. Cap. 2. If debate arise upon the right of tythes having his original from the right of the Patronage and the quantity of the fame tythes do amount to a fourth part of the goods of the Church for this a prohibition lyeth Also if a pecuniary penance be demanded in the Court Christian a prohibition lyeth but if a Prelate enjoyn corporal penance and the party afterward Commutes for money that money is recoverable in the Court Christian and in that case a prohibition lieth not V. Cap. 3. If any lay violent hands upon a Clerk the amends for the peace broken shall be before the King and for the excommunication before a Prelate and if corporal penance be enjoyned and the offender will redeem it with money to be given to the Prelate or the party grieved it shall be required before the Prelate and the Kings prohibition lieth not VI. Cap. 4. Also in defamations the Prelates may correct notwithstanding the Kings prohibition VII Cap. 5. No prohibition shall be granted where tythe is demanded out of a Mill newly erected VIII Stat. 1 E. 3. Stat. 2.11 A prohibition is granted against those who in the Spiritual Court do sue their indictors IX Stat. 18 E. 3. Stat. 3.5 No prohibition shall be awarded but where the King hath Conusance X. Stat. 45 E. 3.3 A prohibition and an Attachment thereupon shall be granted where a suit is commenced in the Spiritual Court for the Tythes of underwood above 20 years growth in the name of sylva caedua XI Stat. 50 E. 3.4 No prohibition shall be allowed after Consultation duly granted so as the matter in the Libell be not changed ☞ Prophecies * I. Stat. 5. El. 15. None shall publish or set forth any phantastical or false Prophecie with an intent to raise sedition in pain to forfeit for the first offence 10 l. and to suffer one whole years imprisonment and for the second all his goods and to incur imprisonment during life which said forfeitures are to be divided betwixt the Queen and the prosecutor II. Justices of Assize Oyer and Terminer and Peace have power to hear and determine this offence being prosecuted within 6 months otherwise not Protection I. Stat. De Protectionibus 33 E. 1. A Challenge shall be entred against a protection of the Kings Service and if the Countrey passe against him that cast the protection it shall turn to a default if he be Tenant and if he be demandant he shall lose his Writ and shall also be amerced to the King II Stat. 25 E. 3. Stat. 5.19 Notwithstanding the Kings protection of his Debtor other Creditors may proceed to Judgment against him with a Cesset executio until the Kings debt be paid And here if the Creditors will undertake for the Kings debt they shall have execution against the Debtor both for their own debts and likewise for so much as they have paid the King III. Stat. 1. R. 2.8 No protection with the Clause of Volumus shall be allowed for Victuals taken or brought upon the Voyage or Service whereof the protection maketh mention neither yet in pleas of trespiss or contracts made after the date of the same protection IV. Stat. 13. R. 2.16 No protection with the Clause of Quia profecturus shall be allowed in any plea whereof the Suit was commenced before the date of such protection except in a Voyage where the King goeth in person or other voyages royall or in the Kings Messages Howbeit this Act shall not infringe protections with the Clause of Quia moratur and if the party protected tarry more then a convenient time in the Countrey without going to the Service or return from the Service the Chancellor having notice thereof shall repeal his protection V. Stat. 7. H. 4.4 In an Action of Debt brought against the Goalor which letteth a prisoner escape a protection shall not lie ☞ Proviso and Praemunire * I. Stat. 25. E. 3. Stat. 5.22 He that purchaseth a provision in Rome for an Abbey or priorie shall be out of the Kings protection and any man may do with him as with the Kings Enemy But this is altered by 5 El. 1. which see in Crown II. The Statute of Provisors 25 E. 3. Stat. 6. made to prevent Collations of Benefices in England by the Pope to the Provisors or procurers thereof as well Aliens as Denizens And here the penalty was imprisonment without bail until he should make fine to the King and satisfaction to the party grieved if he were taken but if not the Exigent should run against him III. Stat. 27. E. 3. Stat. 2.2 3. A Praemunire is granted against such as sue in a forreign Realm or impeach there any judgment given in any of the Kings Courts for any matter whereof the Kings Courts may take conusance The penalty is to be out of the Kings protection to forfeit all their lands and goods and to be imprisoned and ransomed at the Kings wili if they may be found but if not they shall be put in Exigent and outlawed IV. Stat. 3. R. 2 3. None shall take a Benefice of an Alien nor convey any money to him for the farm thereof in pain of a Praemunire V. Stat. 7. R. 2.12 No Alien shall purchase a Benefice in this Realm nor occupy the same without the Kings license in pain of a praemunire VI. Stat. 1.2.2.15 If any go out of the Realm to procure by way of provision a Benefice within the Realm he shall be out of the Kings protection and the Benefice shall be void VII Stat. 13. R. 2. Stat. 2.3 A Confirmation of the Statute of Provisors 25. E. 3. and if any accept of a Benefice contrary to the said Statute he shall incur a Praemunire and suffer perpetual banishment VIII Stat. 16. R. 2.5 None shall purchase Bulls or other Instruments from Rome or elsewhere in pain to incur a praemunire The Crown of England is subject to none IX Stat. 2.
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
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
thereupon had if need be * II. Stat. 18 H. 18. No Captain shall detain any part of his Souldiers wages in pain to forfeit to the King 20 l. for every Spear-man and 10 l. for every Bow-man III. Howbeit if they have been waged half a year the Captain may detain 10 s. for the gown of a Gentleman and 6 s. 8 d. for that of a Yeoman * IV. Stat. 18 H. 6.19 It is felony for a Souldier retained to serve the King in his Wars not to go with or to depart from his Captain without licence V. Officers shall arrest souldiers who within the term limited come on this side the Sea without letters testimonial of their Captain and shall retain them until the cause of their return be tried VI. Justices of Peace have power to hear and determine those offences Vide Co. 6.27 VII Stat. 7 H. 7.1 A Captain which shall not have the whole number of his souldiers or not pay them their due wages within six daies after he shall have received them shall forfeit all his goods and chattels and suffer imprisonment VIII It is felony for a souldier retained to depart from his colours without licence for which he shall not enjoy the benefit of his Clergy IX Justices of the Peace have power to enquire hear and determine of this offence of departing without licence and the trial thereof shall be in the same County where the souldier is apprehended X. This Act shall not be prejudicial to Captains when souldiers die or otherwise depart without any default of theirs so that they therewith acquaint at land the Treasurer of the wars within ten daies after or at Sea the Admiral at their next meeting with him But Quaere whether this Statute survived H. 7. XI Stat. 3 H. 8.5 This Act is in all parts the same with 7 H. 7.1 save onely that it shall not extend to Captains and souldiers in Barwick Wales Calice or other places in France nor to Captains having under them retinue of souldiers or for non-payment of the King's wages to Captains houshold-servants Quaere also whether this survived H. 8. * XII Stat. 2 and 3 E. 6.2 A souldier that makes away his horse or arms proof thereof being made before the chief Commander shall suffer imprisonment without bail untill he hath satisfied the party at whose charge he was sent out XIII If such a souldier escape from the Army without punishment he shall be liable to the same to be inflicted upon him by any Justice of Peace in those parts where he shall be apprehended unless he bring sufficient testimony from the Commander that the horse or arms were otherwise lost or imployed in the King's service XIV It is felony without benefit of Clergy for a souldier retained to depart without licence of his Commander whereupon Justices of Peace may proceed as in case of felony XV. The Commissioner or Captain that licenseth any person retained and assumeth another for gain or which giveth to any licence to depart without warrant from the Commander shall forfeit 20 l. to the King for every person so let go XVI The Lievtenant-General or other Officer that receives more wages for souldiers then there is cause and doth not every moneth by a note in writing acquaint the Treasurer of the Army with every souldier 's entry into pay death or departure shall forfeit 5 l. to the King suffer one moneth 's imprisonment and lose his place XVII None but the Commander shall license any in pain of imprisonment both of the licenser and licensed at the discretion of the said Commander XVIII The Lievtenant-General shall command this Act to be proclaimed in the Army once every moneth and every Governour in his fortress once every three moneths XIX Every person which shall inform the Lievtenant of any of these offences shall have a moneths pay belonging to him that is faulty XX. This Act shall not prohibit officers to retain yearly 6 s. 8 d. for the Coat of a Yeoman and 12 s. 4 d. for the Coat of a Gentleman neither shall it be prejudicial unto them when the lack of souldiers is not through their default nor when they have under them a retinue of souldiers or for non-payment of the King's wages to their household-servants neither shall it extend to prohibit relief of tenants or friends toward service in war or the detaining of souldiers wages upon lawful causes ☞ XXI Stat. 43 E. 3. The more part of the Justices of P. yearly in their Easter-Sess have power to charge every Parish towards a weekly relief of maimed souldiers and Mariners so that no Parish pay weekly above 10 d. nor under 2 d. nor any County which consists of above 50 Parishes pay above 6 d. one Parish with another which summs so taxed shall be assessed in every Parish by the Parishioners or in their default by the Church-wardens and Constables or in their default by the next Justice or Justices of Peace XXII The Constables and Church-wardens of every Parish have power to levy the tax of every person refusing to pay it by distress and sale and in their default the said Justice or Justices next adjoyning XXIII The tax being thus levied the Constables and Church-wardens shall deliver it quarterly ten daies before every Quarter-Sess to the High-Constable of their Division who shall deliver it over to the Treasurers of the County at the same Quarter-Sessions XXIV The Treasurers shall be Subsidy-mer◠viz. of 10 l. in lands or 15 l. in goods and shall not continue in their office above one year rendring up their accounts yearly at Easter-Sessions or within ten daies after to their Successors XXV The Officer his Executors c. that fails in payment of the summs levied shall forfeit viz. the Church-wardens or Constables 20 s. and the High-Constables 40 s. which the Treasurers have power to levy by distress and sale in augmentation of their stock XXVI The Treasurer or his Executor c. that hath been negligent to execute his office or to render an account within the time above limited shall be fined by the Justices of Peace in the Sess 5. l. at least XXVII The maimed Souldier or Mariner which was prest shall repair if he be able to travel to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three years at his election but if he be not able to travel then to the Treasurers of the County where he lands XXVIII He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seal of the chief Commander or of the Captain under whom he served containing the particulars of his hurts and services which Certificate shall be also allowed by the Muster-master or the Receiver-General of the Muster-rolls under one of their hands XXIX Upon such a Certificate the Treasurers aforesaid may allow him relief to maintain him
be freed from Castle-gard doing the service by himself or another or being with the King in his Host III. West 1.7 3 E. 1. No Constable or Castellane shall exact any thing of any but such as reside in their Town or Castle unless it be an ancient price due to the King Castle or Lord of the Castle Certificate of the cause of Attainder c. I. Stat. 34 H. 8.14 The Clerks of the Crown Assise and Peace shall certifie unto the King's Bench the tenor of every Indictment Outlawry or Conviction and Clerks Attaint had before them respectively for any felony or other offence and that within 40 days next after such attainder conviction or outlawry if it be Term-time otherwise within 20 dayes after the beginning of the Term next following the 40 dayes and shall also deliver a transcript of the indictment to the Ordinary to whom the person attainted is committed and all this in pain of 40 s. to the King and prosecutor But note that the transcript to the Ordinary need not now since the Statute of 18 Eliz. 7. which see after in Clergy * II. The Clerk of the Crown shall receive such certificates in pain of 40 s. for every one refused III. When the indictment containeth more names then are convict a transcript containing onely the names of such as are convict shall serve IV. The Clerk of the Crown being sent to by the Justices of Gaol-delivery or Peace for the name of any person so convict and certified shall without delay send a certificate thereof in pain of 40 s. V. No certificates out of Wales Chester Lancaster Duresm Cessavit I. Gloucester cap. 4. 6 E. 1. If a Free-farmer cease to pay his rent two years together the Lessor shall have a Cessavit against him and recover the land unless before Judgment he pay the arrearages and give security to pay duly for the future II. West 2 cap. 21. 13 E. 1. A Cessavit by the Chief Lord against his Free-hold tenant that ceaseth per biennium III. A Cessavit is maintainable by the heir of the Demandant against the heir or assigne of the Tenant Challenge I. Stat. De Inquis 33 E. 1. If one challengeth a Juror for the King he shall forthwith assign the cause which shall be presently tried by the discretion of the Justices II. If he alledge not a good cause or it go against him the Inquest shall be forthwith taken III. Stat. 7 H. 7.5 Riens diens le Garde shall not be admitted for challenge in London IV. Stat. 33 H. 8.23 Peremptory challenge shall not be admitted in cases of High Treason or misprision of Treason V. Stat. 1 E. 6.12 All Statutes made during the Reign of H. 8. touching challenges and forem pleas are confirmed Champerty * I. West 1.25 3 E. 1. No Officer of the King shall maintain plea of lands or other things to have part thereof or other profit by Covenant between them made in pain to be punished at the King's will II. West 2.49 13 E. 1. The Chancellor Treasurer Justices or any of the King's Councel Clerks of Chancery Exchequer or of any Justice or other Officer or any of the King's house Clerk or Lay shall not receive any Church or Advouson Land or Tenement in fee by gift by purchace to farm by Champerty or otherwise so long as the same thing is in plea nor shall take any reward thereof in pain to be punished at the King's will both buier and seller III. Stat. 20 or 21 E. 1. made at Barwick The attainted of Champerty shall suffer three years imprisonment and be fineable at the King's will where you have also the form of a Writ for remedy thereof to be issued out by Gilbert de Thornton IV. Artic. super Chart. 11. 28 E. 1. None shall take upon him a business in suit with an intent to have part of the thing sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as do amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King in the Court where the plea hangeth V. This shall not prohibit any to take counsel at Law for the fee or of his parents or friends VI. Stat. 33 E. 1. Anno Domini 1304. Champertors are such as move pleas and suits or cause them to be moved either by themselves or others and prosecute them at their own charge to have part of the thing in variance or part of the gains VII Stat. 33 E. 1. Anno Domini 1305. None of our Court of Pleaders Attorneys Stewards Bailiffs or any other shall take any plea or suit to Champerty or for maintenance in pain that they together with the consenters thereunto shall suffer three years imprisonment and be fined at the King's will See also there the form of a Writ for the same purpose and also against Conspirators Chancery Masters in Chancery I. Artic. super Chart. 5. 28 E. 1. The Chancellour and the Justices of his Bench shall follow the King to the end he may have always near him such as be learned in the Laws to order matters that shall come to the Court. II. Stat. 36 E. 3.9 Whosoever findeth himself grieved with any Statute shall have his remedy in the Chancery III. Stat. Car. 2. not printed The office of the Masters in Chancery being of very ancient institution and necessary attendance for dispatch of business in the Court and being thought more proper and safe for the subject in general that Affidavits Answers Recognisances and acknowledgments of Deeds should be in some publick place then in private studies and houses as formerly and for the just incouragement of the said Masters for their attendance and support in due discharge of their places enacted that one publick office be kept and no more near the Rolls in which the said Masters some or one of them shall constantly attend for the administring of oaths caption of deeds and recognisances and dispatch of all matters incident to their office References upon accounts and insufficient answers onely excepted from 7 a clock in the morning until 12 at noon and from 2 in the afternoon until 6 at night and the said Masters may demand and take the Fees following viz. For every Affidavit or oath taken in the said office 12 d. For every bill of Costs to be taxed by them for the Plaintiff's not putting in his bill or not proceeding to reply or for the Defendant's not appearing in due time 2 s. 6 d. For the acknowledgment of every deed to be enrolled 2 s. For the caption of every recognisance 2 s. For every exemplification examined by two of the said Masters to each of the said Masters who shall examine the same for every skin of parchment so examined 2 s. For every Report or Certificate to be made in pursuance of any order
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
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his arms together with his horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects doe And here the Recusant that refuseth to declare what Armour and Munition he hath or to deliver it to such persons as shall have power to seize it shall forfeit the same to the King and besides shall upon warrant from any Justice of Peace of that County be imprisoned by the space of three moneths without bail CXLVI This Act shall not abridge Ecclesiastical censures CXLVII Stat. 7 Jac. 2. No person of the age of eighteen years or above shall be naturalized or restored to bloud unless he have received the Lord's Supper within a moneth before his bill was exhibited and also do take before the bill be twice read the oaths of Supremacy and Allegiance to be ministred unto him in the house of Lords by the Lord Chancellor or Keeper and in the Common house by the Speaker * CXLVIII Stat. 7 Jac. 6. Who shall take the Oath of Obedience or Allegiance by whom it shall be ministred and within what time CXLIX It shall be lawful for any of the Privy Council or any Bishop within his Diocess to require a Baron or Baroness of eighteen years of age or above to take the said Oath and likewise for any two Justices of Peace 1. Qu. to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CL. If any Baron or Baroness stand presented indicted or convicted for Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy Seal or the principal Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister pety Constables or Church-wardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of the said cases minister the said Oath and upon refusal shall commit the party to prison there to remain until the next Ass or Sess where if he or she again refuse to take it they shall incur a Praemunire except women covert who shall onely be imprisoned and there remain without bail untill they shall take the said Oath CLI None refusing the said Oath shall be capable of any Office of Judicature or of other Office being no Office of inheritance or Ministerial function or to practise the Common Law Physick Chirurgery the Art of Apothecary or any liberal Science for gain CLII. If a married woman being a convicted Recusant do not conform within three moneths after conviction she shall be committed to prison by a privy Councellor or the Bishop of the Diocess if she be a Baroness But if any other of a lower degree then shall she be committed by two Justices of Peace 1. Qu. and there shall remain until she conform as aforesaid unless the husband for the wife's offence will pay unto the King 10 l. for every moneth or yield the third part of all his lands at the choice of the said husband CLIII None shall go himself or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or relief to the party so sent or to any School or Religious house there in pain after conviction thereof to be adjudged unable to prosecute any suit in any Court of Equity to be Cummittee of any Ward Executor or Administrator to be uncapable of any Legacy or deed of Gift or of bearing Office within this Realm And besiders to forfeit all his goods and chattels and his land also during life But if he conform within six weeks after his return according to the Statutes in that case provided he shall not incur the penalties abovesaid CLIV. These offences shall be heard and determined by the Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer of such Counties where the offenders did last dwell or whence they departed or where they shall be taken CLV For Uniformity of Common-Prayer See Title Religion * CLVI Stat. 3 Car. 2. The Statute of 1 Jac. 4. shall be duely put in execution and none of the King's Subjects shall pass or go or shall convey or send or cause to be coveyed or sent any child or other person out of any of the King's Dominions into any parts beyond the Seas out of the King's Obedience to the intent to be resident or trained up in any popish society School or family or to be there instructed in the Popish Religion in any sort to profess the same Neither shall any convey or cause to be conveyed any money or other thing towards the maintenance of any such child or person already gon or lent or to go or to be sent and trained and instructed as aforesaid or under the name of charity towards the relief of any such Society or Religious House upon pain after conviction in any of the aforesaid cases to be disabled to sue or use any action bill plaint or information in course of Law or to prosecute any suit in equity or to be Committee of any Ward or Executor or Administrator to any person or capable of any legacy or deed of Gift or to bear Office within the Realm and to forfeit all his goods and chattels and also his lands rents annuities and Offices during his life CLVII Howbeit no person so sent or conveyed as aforesaid who shall within six weeks after his return conform himself to the present Religion here established and receive the Sacrament of the Lord's Supper shall incurr any of the penalties aforesaid CLVIII Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer have power to hear and determine these offences in such Counties where such offenders did last dwell or whence they departed or where they are taken CLIX. Stat. 16. 17 Car. 11. The branch of the Statute of 1 Eliz. 1. which gave power by commission under the Great Seal to exercise Ecclesiastical Jurisdiction and whereupon the pretended authority of the High Commission-Court was founded is repealed CLX No Ecclesiastical Judge Officer or Minister of Justice shall award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the King's Subjects for any contempt offence matter or thing whatsoever nor give any oath to any Church-warden Side-man or other person to present or confess any thing or to accuse him or her self of any crime or offence whereby they may be liable to any pain or punishment in pain to forfeit treble dammages to the party grieved and an 100 l. to the first prosecutor to be recovered by action of debt c. in which no
the Jurors come where the party is seen in the Court Essoin Ultra mare lieth not where the party hath had before an Essoin de mal venir It lieth not where the party hath Essoined himself another day where the Sheriff was commanded to make the party to appear Essoin de servitio Regis lieth not where the party is a woman it lieth not in a Writ of Dower or because the plaintiff hath not found pledges it lieth not where such a man's Attorney was Essoined where the party hath an Attorney in his suit where the Essoiner confesseth that he is not in the Kings service where the sommons is not returned or the party not attached upon non est inventus returned where the party was before Essoined de servitio Regis had not put in his warrant where the party hath been resummoned in Assize of Mortdancester or Darrein presentment It lieth not because such a one is not named in the writ nor where the Sheriff hath a Precept to distrain the party to come by his lands and goods nor where the Bishop was commanded to cause the party to appear nor for that the day is past XIV An Essoin de servitio Regis is allowed after the Grand cape Petit cape and distresses taken upon the lands and goods XV. Stat. De visu terrae An essoin de servitio Regis lieth not in a writ of Novel disseisin Dower Darrein presentment or Appeal Vide Rast Essoin 13. Estrepement I. Glocester 13. 6 E. 1. No wast shall be made hanging a suit for the land ☞ Estreats I. West 1.44 5 E. 1. If tenant or defendant make default after the first attachment returned the great distress shall be awarded whereupon if the Sheriff make no sufficient return he shall be amerced but if the return be that he hath done execution delivered the issues to the sureties day shall be given him to return them before the Justices when if the party appear he shall have them but if not the King shall have them and the Justices shall cause them to be sent into the King's Wardrobe and then deliver them into the Exchequer and the Justices in Eyre to the Sheriff of the County where they plead and likewise of forreign Counties who shall be charged therewith by the Rolls of the Justices II. Stat. De forma mittendi extractus ad scaccarium 15 E. 2. Vide Rast Estreates 2. First all fines to have writs and all other fines wherein the sum is expressed of one County for the whole year which are to be sent into the Exchequer entred in the streat of themselves in one place in order as they are entred in the Chancery Rolls together with the date of the day when such fine was made III. Next to them shall be entred Charters Letters Patents and Commissions in which any rent is due to the King or any accompt is to be made Then homages fealties writs of Diem clausit extremum reliefs and services IV. Then the names of all such as shall be assigned that year to hear inquire of or do any thing whereby fine amerciament or other profit may arise to the King to the end they may be sent to for the Estreats thereof And in the end of the Estreat redisseisins and surcharging of pastures V. Statutum scaccarii is confirmed and it is further ordained that the Justices of both the Benches the Warden of the forrest the Steward of the King's house and the Clerk of the Market shall in like manner yearly deliver their Estreats in the Exchequer The Steward of the King's house shall also send his Estreats yearly at the close of Easter term and the next day after Michaelmas VI. The Warden also of the Alnage shall yearly deliver his Estrears to the Treasurer containing all defaults of cloth contrary to the Assize and the Price at which he delivered them and also where when and by what warrant VII Divers other provisions for the King's Butler and Customers concerning wines imported VIII Stat. 42 E. 3.9 The party chargeable by the Estreats of green wax upon payment thereof shall see the schedules themselves under seal and the charge being paid it shall be totred by the Sheriff for default whereof if the party be afterwards damnified the Sheriff shall pay him treble damages to be recovered before Justices of Peace or other Justices and shall besides make fine to the King Also where the copies of the Estreat concern franchises they shall be delivered to Bailiffs of the Franchises under the Sheriffs seal which Bailiffs shall render an account thereof in the Exchequer by the same Copies IX Stat. 7 H. 4.3 The Justices and Judges before whom Issues or amerciaments are forfeit shall charge the Clerks of the Estreats where they are so forfeit by oath to express in their Rols the cause of such forfeit the term when the nature of the writ whereupon and betwixt what parties they were lost and that as well in the King's suit as in the parties X. The Statute of 42 E. 3.9 confirmed Evidence I. Stat. Ja. An Action being brought against a Justice of Peace Major or Bailiff of a Corporation Head-borough Pottreeve Constable Tithing-man or Collector of subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence II. Here if the verdict pass for the defendant or the plaintiff be non-suit or discontinue his suit the defendant shall be allowed double costs to be recovered as costs in other cases given to the defendant use to be recovered III. Stat. 21 Ja. 12. The Statute of 7 Ja. 5. is confirmed and Churchwardens Sworn-men and Overseers of the poor together with their Assistants are to be comprehended within the purview of the same Statute IV. An Action brought against any of the said Officers there Deputies or Assistants shall be laid in the County where the fact was committed and not elsewhere Exception I. West 2.31 13 E. 1. When the Justices will not allow a Bill of exception upon Prayer if the party impleaded render the same unto them in writing and requires their seals thereunto they or one of them shall do it II. If the Exception sealed be not put into the Roll upon complaint thereof to the King the Justice shall be sent for and if he cannot deny the seal the Court shall proceed to judgment according to the exception Excise I. Stat. 12 Car. 2. cap. 24. There shall be paid to the King his heires and successors the several rates and impositions following viz. Every barrel of Beer or Ale above 6 s. the barrel brewed by common Brewers or persons commonly selling the same 15 d Every barrel of Beer or Ale under 6 s. by such common Brewers or Sellers 3 d. Every hogshead of Sider and Perry sold by retail and payable by the retailer 15 d. Every gallon of Metheglin or Mead sold
Stat. 18 El. Two Acts were made but not printed the one for the Hospital of S. Cross near Winchester and the other for one at Leicester VI. Stat. 27 El. Also two Acts not printed the one for the Hospital of Christ at Sherbourn in Bishoprick and the other for that of Eastbridge in Canterbury VII Stat. 39 El. 5. It shall be lawful for any person within 20 years next insuing by deed inrolled in Chancery to erect and found an Hospital or house of correction to have the same continue for ever and for him his heirs and assignes to place such head and members and such number of poor as they please which said Hospital or house so founded shall be incorporated and have perpetual succession for ever which Corporation shall have power to purchase goods and Chattels also lands not exceeeding the value of 200 l. per annum nor held by Knight service or in chief of the Queen and all this without licence or the writ of ad quod damnum the Statute of Mortmain or of any other to the contrary VIII They shall also have power to sue and be sued in all Courts and to have such a common seal or seals as the Founder his heirs or assigns shall appoint by which they may seal all Instruments which concern the said Corporations IX They shall also be visited and ordered by such person or persons as the said Founders their heirs or assigns shall nominate according to the Statutes of the Foundation being not repugnant to the Laws and Statutes of this Realm Howbeit the Founder his heirs and assigns upon the death or removal of any head or member shall have power to place another in their stead X. Provided that all leases and estates made by any such Corporation for above 21 years and that in possession and whereupon the accustomed yearly rent for the greater part of 20 years before shall not be reserved and yearly payable shall be void XI The right of all persons save of the Founders their heirs and successors is saved XII This act shall not inable Infants Femes covert without their husbands or persons not of sane memory to make such Corporations or to endow the same XIII No such Corporation shall be made unless the same be upon the foundation thereof endowed with lands of the clear yearly value of 10 l. per annum XIV Provided that the Corporations aforesaid shall not by force of this Act do or suffer to be done any thing in prejudice thereof but such construction shall be made thereof as shall be most beneficial for the maintenance of the poor and for avoiding of all divices which may be invented or put in ure contrary to the true meaning thereof XV. Stat. 39 El. 6. Commissions may be awarded to certain persons to inquire of lands or goods given to Hospitals or other charitable uses mis-imployed and to reform them But this Act was afterwards repealed by 43 Eliz. 4. saving for the execution of orders and decrees before made by Commissioners according to the Statute XVI Stat. 43 El. 4. It shall be lawful for the Lord Chancellor or Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that precinct to award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other persons of good behaviour authorizing four or more of them to inquire as well by the oaths of twelve or more lawful men as otherwise of all grants gifts assignments limitations and appointments and of all abuses and mis-imployments of all lands tenements and hereditaments and of all goods and chattells given limited or appointed to charitable uses XVII The Commissioners having called the parties interessed made inquiry by the oathes of such 12 men or more unto whom lawfull challenge may be made by the parties so interessed and set down such orders and decrees therein that the things so given to charitable uses may be faithfully imployed the orders and decrees so made being not repugnant to the Statutes of the Founders or Donors shall stand firm and be executed accordingly until they shall be altered by the Chancellor Keeper or Chancellor of the said Dutchey respectively upon complaint made to them thereof by the party grieved XVIII This Act shall not extend to any thing given to any Hall or Colledg in the Universities or to the Colledges of Westminster Eaton or Winchester or to any Cathedrall Church or to any City or Town Corporate or to any lands or tenements given to the uses aforesaid in any such City or Town where there is a special Governour or Governours to govern things disposed to such uses or to any Colledg Hospital or Free-School having special Visitors or Governours appointed by the Founders XIX This Act shall not be prejudicial to the Ordinary or his jurisdiction XX. None having the thing in question or pretending title thereunto shall be either Commissioner or Juror XXI This Act shall not impeach any purchaser bonâ fide of things given to charitable uses not having notice thereof Howbeit in that case the party or parties who have broken their trust in selling the same their heirs executors and administrators shall make satisfaction by the Decree of the said Commissioners if they have left assets or so far as the assets so left shall extend XXII The Commissioners shall not meddle with any lands conveyed or come to the hands of H. 8. E. 6. Qu. M. or Qu. El. unless the grant to charitable uses were made since the beginning of Queen Elizabeth's reign XXIII The Orders Judgments and Decrees shall be certified into the Chancery or Dutchy Court as the case shall require under the Commissioners Seals within such time as shall be limited in their Commissions And the said Lord Chancellor Keeper or Chancellor of the Dutchy respectively shall take such order for the due execution of the said Decrees as to them shall seem fit XXIV If the party against whom the Decree is past conceive himself injured thereby upon complaint thereof to the said Chancellor Keeper or Chancellor of the Dutchy respectively he shall have redress if there be cause but if not they shall award good costs against him for complaining without cause Hounslo-Heath I. Stat. 37 H. 8.2 Hounslo-Heath in Com. Midd. which contains 4293 acres and one rood of ground extendeth into several Parishes so much thereof as is the King's inheritance and is meet for tillage pasture meadow or other several ground shall be of the nature and condition of Copy-hold land or the same may be let by the Steward of the Mannor at will or for 21 years which lessee shall and may improve it Hull I. Stat. 33 H. 8.33 The Statute of 27 H 8.3 which was made for the taking away of certain customs that the Mayor and Commonalty of Hull took for fish is repealed but by this they may take of every person priviledged for a last of hering 20 d. for
well by Aliens as Denizons XI Stat. 34 E. 3.18 All persons who have lands and possessions in Ireland may freely import and export their Commodities thither and from thence without Impeachment XII Stat. 1 H. 6.3 All Irish-men shall avoid the Kingdom except Graduates Beneficed men Lawyers having Inheritance in England and English parents religious persons professed Merchants Burgesses and others inhabitants of good fame and persons married in England and all they shall find surety for the good abearing XIII No Irish-man shall inhabit here in the Universities or elsewhere without a testimonial under the seal of the Lievtenant or Justices of Ireland testifying that he is of the King's obeysance to be delivered to the Chancellor here in pain to be punished as a Rebel XIV No Irish-man shall be Head or Governour of any Hall or house XV. Stat. 2 H. 6.8 Irish-men coming to live in England shall give surety for their good abearing viz. In the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other liberties to the Head-officers respectively XVI Stat. 16 17 Car. 30. An Act for a speedy contribution and loan towards the relief of the King 's distressed subjects of the Kingdom of Ireland See the Statute at large XVII Stat. 16 17 Car. 33. An act for the speedy and effectual reducing of the Rebels in Ireland to their due obedience to the King and the Crown of England and cap. 34.35 37. Certain other additional Acts were made for the same purpose and for the sale of forfeited lands there All which see at large ☞ Iron * I. Stat. 28 E. 5. Iron made in England or brought into England and sold shall not be exported in pain to forfeit the value thereof to the King II. Justices assigned have power to inquire of Labourers And other Justices to be assigned by the King shall also have power to inquire of such as sell Iron at too dear a price and to punish them according to the quantity of the trespass ☞ Judgment I. Stat. 14 E. 3. Stat. 1.5 A Prelate two Earls and two Barons shall have power by the King's Commission to hear by Petition complaints for delay of entring Judgments and to call before them the Justices and Records whereof such complaint shall be made and calling to them the Chancellor Treasurer the Justices of the one Bench or the other and others of the King's Council as many as they shall think fit shall give Judgment thereof and then the Records shall be remanded together with the Judgment which shall be immediatly entred accordingly II. In case the matter be too difficult it shall be referred to the next Parliament to be determined III. Judges and other Officers in Courts of Justice may be increased or diminished as need shall require and when they shall enter into their offices they shall make oath duly to serve the King and his people IV. Stat. 4 H. 4.23 Judgments given shall continue and the parties for whom they are so given and their heirs shall be in peace until they shall be reversed by attaint or errour if any be Judicial Proceedings I. Stat. 12 Car. 2. cap. 12. Which Judicial Proceedings during the late usurpation shall be good and effectual in law and which not ☞ Jurisdiction I. Artic. Cleri cap. 6. 9 E. 2. Albeit a case be debated and have judgment in the spiritual Court yet the King's Court may afterwards discuss the same matter as the party shall think expedient for himself II. Stat. pro Clero 25 E. 3. Stat. 3. cap. Conisance of avoidance of Benefices belongs to the Ecclesiastical Judge and not to the Temporal Juris Utrum I. West 1. cap. 24. 13 E. 1. A Writ of Juris Utrum shall be granted to trie whether free alms belong to one Church or another in case where they are transferred from one Church to another ☞ Jurors I. Marlb cap. 14. 52 H. 3. Such as have Charters of exemption not to be impannelled upon Juries shall notwithstanding their priviledge be sworn upon great Assizes Perambulations in deeds and writings of covenants where they be named for witnesses and in Attaints and when their oaths are so requisite that without them Justice cannot be administred II. West 2. cap. 38. 13 E. 1. No more Jurors shall be summoned in one Assize then 24. Also old men above the age of 70. or sick or diseased at the time of the summons or not dwelling in the Countrey shall not be put in Juries of petit Assizes neither shall any be put in Assizes or Juries that have not land worth 20 s. per annum And if the Assizes or Juries be taken out of the County their revenue shall be 40 s. per annum at least except such as be witnesses to deeds or other writings and be able to travel III. This Statute shall not extend to great Assizes where many times Knights are to be impannelled for they by reason of their scarcity may serve albeit they dwell out of the Countrey so they have land in the County for which they serve IV. No Sheriff Under-Sheriff or Bailiff shall offend against this Law in pain to answer damages to the party and to be amercied to the King V. Justices of Assize have power to hear and determine these offences VI. Stat. 21 E. 1. Stat. 1. None shall be impannelled to serve out of their proper County unless they have lands worth 5 l. per annum at least nor in the County unless they have lands worth 40 s. per annum VII This Statute shall not extend to Juries taken before Justices errant nor to Corporations but that they may do as in times past * VIII Artic. super Cart. cap. 9. 28 E. 1. None shall be impannelled but as is ordained by Statute and they shall be next neighbours most sufficient and least suspitious in pain that the Officer who doth otherwise shall answer double damages to the party grieved and be grievously amercied to the King IX Stat. 5 E. 3.10 If a Juror take a bribe of either party and be thereof attainted he shall serve no more of any Jury be imprisoned and ransomed at the King's will and the Justices before whom he serves shall have power to hear and determine this offence according to this Statute X. Stat. 25 E. 3. Stat. 5. cap. 3. No Indictor shall be put upon the Inquest for the deliverance of the Indictee of felony or trespass if he be challenged by the Indictee for that cause XI Stat. 34 E. 3.4 Sheriffs and others shall array their pannels of the next people not suspected nor procured in pain to be punished by the Justices that take such Inquests both to the King and the party grieved according to the quantity of the trespass and damage XII Stat. 34 E. 3.8 If any of the Jurors be accused by either of the parties for taking a bribe to give his verdict the Justices may presently trie it by a Jury then also to be taken
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
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
Council if need be and all Charters and Patents otherwise made shall be void IV. Stat. 1 H. 4.13 The Statute of 17 R. 2.5 shall be duly put in execution and all Customers and Controllers shall be resident upon their Offices in their proper persons without making any deputies in their places V. Stat. 4 H. 4.20 The Statute of 1 H. 4.13 shall be duly put in execution and the said Officers shall be sworn so to do in pain of imprisonment and to forfeit 100 l. VI. Stat. 13 H. 4.5 The Statute of 1 H. 4.13 shall be duly put in execution And all Customers Controllers Gaugers of Wines and searchers shall be resident upon their office especially at the time of charge and discharge of Ships and Vessels so that no such Officer after the time aforesaid be absent from his said Office by three weeks at the most in pain to lose his Office unless he be commanded upon record to be in the Kings Courts or otherwise in the Kings service of Record VII Stat. 2 H. 6.10 All Officers made by the Kings Letters Patents within his Courts which have authority ab antiquo to appoint Clerks and Ministers within the same Courts shall be sworn to appoint such there for whom they will answer at their peril and such as be sufficient and will be faithful and diligent in their places VIII Stat. 31 H. 6.5 All Letters Patents of the said Offices or Aulnage made against the effect of the Statutes of the 17 R. 2.5 or 4 H. 4.24 which see in Drapery shall be void And no Letters Patents of any of them shall be hereafter made but by warrant of bill sealed by the Treasurer and sent by him into the Chancery as hath been heretofore used and if any be otherwise made they shall be void IX This Act shall not extend to be prejudicial to the Queen the Prince the Duke of Buckingham the heirs of Henry late Earl of Warwick the Cities of London or Winchester to any Controller for any Office out of the Kings Ports to John Panicock or Giles Seyntlo Esquires or to any of the King or Queens houshold servants for any of their Offices or the fees thereof due and accustomed * X. Stat. 5 E. 6.16 None shall bargain or sell any Office or Deputation or any part thereof or receive or take any money fee reward or other profit directly or indirectly or any promise agreement bond or assurance to receive any such profit for the same which office shall concern the administration or execution of Iustice or the receipt controlment or payment of any of the Kings Money or Revenue or any Accompt Aulnage Auditorship or surveying of any of the Kings Lands or any of his Customs or any administration or attendance in any Custom-house or the keeping of any of the Kings Towns Castles or Fortresses being places of strength or defence or any Clerkship in any Court of Record in pain that the Bargainee thereof shall lose his place and the Bargainor be adjudged disabled to execute the same and every such bargain and agreement shall be void XI Provided that this Act shall not extend to any office or inheritance or for the keeping of a Park House Mannor Garden Chase or Forest nor to the two Chief Iustices or Iustices of Assize but that they may grant offices as they did before the making of this Act Also all Acts done by an officer removeable by force of this Statute shall be good in Law until he be removed XII Stat. 14 Car. 2. cap. 8. Officers and Offices assessed for raising Money to be distributed amongst loyal and indigent Officers of the late Kings Army XIII Provided this Act not to be drawn into president to tax any sort of persons distinct from the body of the people Oyer and Terminer I. West 2.29 13. E. 1. A Writ of Trespass ad audiendum terminandum shall not be granted but before the Iustices of either Bench or Iustices in Eyre unless it be for some heynous Trespass which requires speedy remedy II. A Writ to hear and determine Appeals before Justices assigned shall not be granted but upon a special case a certain cause and the Kings command And lest the party should be kept too long in prison they may have the Writ De Odio Alia provided by Magna Charta cap. 26. and other Statutes III. Statutum quod vocatur Ragman de Iusticiaris assignatis 33 E. 1. By this Act it was ordained that Justices should go through England to hear and determine trespasses and other complaints of things done within 25 years before and divers matters be in that Statute concerning those things See the Statute in Vet. Mag. Cart. fol. 28. and Sir Edw. Cook in the fourth part of his Instit cap. 34. IV. Stat. 2 E. 3.2 Pars înde Commissioners of Oyer and Terminer shall not be granted but before the Justices of the one Bench or the other or the Justices Errants and that for great hurt and horrible Trespasses and of the Kings special Grace according to the Statute of Westm 2.29 Oyle I. Stat. 3 H. 8.14 The Major of London together with the Master and Wardens of the Mystery of Tallow-Chandlers there shall have power to search all Oyls brought to London to be sold and to oversee that the same be not mixed or altered from their right kinds and what they shall find deceitfully mixed shall cast away and punish the Offendor by imprisonment or otherwise at their discretions according to the Laws and Customs of the said City II. Head-Officers in other Corporations shall have the like power within their Jurisdictions ☞ Ordinaries I. West 2.19 13 E. 1. Where an intestate dies in debt and the goods come to the Ordinary to be disposed in this case the Ordinary shall satisfie the debts so far as the goods extend in such sort as the Executors of such persons should have done in case he had made a Testament II. Stat. 18 E. 3.6 3. Temporal Justices shall not make inquiries of process awarded by the Spiritual Judges saving onely the Article in Eyre such as ought to be III. Stat. 25 E. 3 Stat. 3.9 The Justices shall not impeach Ordinaries or their Ministers upon Indictments of general Extortions or Oppressions unless they put in certain in what thing of what and in what manner the Ordinaries or their Ministers have committed extortion or oppression ☞ Painters * I. Stat. 1 Jac. 20. NO Plaisterer shall use to exercise the Art of a Painter in London or the Suburbs thereof or lay any manner of Colour or Painting whatsoever in the Art of Painting heretofore used unless he be a Servant or Apprentice to a Painter or have served seven years as an Apprentice in that Art in pain for every time so offending to forfeit 5 l. to be divided betwixt the King and the Prosecutor II. Provided that Plaisterers may use Whiting Blacking Red-Lead Red-Okar and Russet mingled with Size only and not with Oyl notwithstanding this
of Peace in the Counties of Glocester and Sun merset in Sessions shall bind Keepers of Ferriers over Severn by Recognizance with good Sureties that they shall not transport any passenger or cattel out of England into Wales or the Forrest of Dean or from either of those places into England before Sun-rising or after Sun-set unless such as they know and will answer for And besides the parties so offending shall there by incur fine and imprisonment VI. Stat. 2. and 3. P.M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Win sor there shall be 8. chosen for Overseers which shall have power to keep good order amongst the rest VII Two Water-men shall not carry any but where one of them hath exercised that profession two years before that time and hath been allowed by the greater part of the said Overseers under the known Seal in pain to be committed to one of the Counters by the said Overseers for one moneth or for less time as the offence shall deserve VIII No single man which is no housholder nor retained as an Apprentice or as a servant for one year at least shall exercise that profession betwixt the places aforesaid in pain of like punishment IX The Lord Mayor and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon complaint of any two of the Overseers or of any Watermans Master have power not onely to hear and determine any offences committed against this Act and to enlarge any Waterman unjustly punished by the said Overseers but likewise to inflict punishment upon the Overseers themselves in case they unjustly punish any person by colour of this Act. X. A Wherry that is not two foot and a half long and 4 foot and an half broad in the Mid-ship and sufficient to carry two persons on one side right shall be forfeit in which case the King and Queen shall have the one Moity and the Informer the other XI The Water-man that withdraws himself in time of pressing it being proved by two witnesses before the said Mayor Aldermen or Justice and two of the said Overseers shall suffer a fortnights imprisonment and shall be prohibited to row any more upon the Thames for a year and a day after XII The Overseers shall not onely call the Water-men before them direct them and register their names but likewise examine their Boats before they be lanched whether they have due proportion and goodness according to this Act. XIII If the Overseers refuse or neglect their Office they shall forfeit 5 l. whereof the King and Queen shall have the one Moity and the informer the other XIV The Court of Aldermen shall assess the fares of Watermen which being subscribed by two of the Privy Council at least shall be set up in Guild-Hall Westminster-Hall c. And the Water-man that takes more then according to the Fare so assessed shall for every such offence suffer half a years imprisonment and forfeit 40 s. to be divided as before XV. Stat. 1. Jac. 16. No Water-man shall retain any servant or Apprentice unless he himself hath been an Apprentice to a Water-man by the space of five years before and not an Apprentice under the age of 18 years or for less time then seven years in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor XVI This Act shall not restain Water-mens Sonnes of convenient growth and strength and formerly trained up in rowing but that they may be allowed to serve as Apprentices and to carry passengers from place to place at the age of 16 years XVII The eight Overseers shall yearly upon the first of March and the first of September cause openly to be read in their common Hall all their Orders made or to be made in pain that every of them for every such default shall forfeit 20 nobles to be divided betwixt the King and the prosecutor XVIII Stat. 21 Jac. 32. The River of Thames shall be made Navigable for Barges Boats and Lighters from the Village of Bercot in the County of Oxon unto the University and City of Oxon See the Statute at large Patents I. Prerog Reg. Cap. 65.17 E. 2. The Kings gift or grant of Land or Manor cum pertinentiis conveyeth not Knights Fees Advowsons or Dowers without express words II. Stat. 11. R. 2.8 All annuities and other things given or granted by the King his Father or Grandfather with this Clause Quousque prostatu suo aliter duxerimus ordinandum shall be void if other things have been afterwards accepted by the Grantees thereof III. Stat. 1 H. 4.6 To the intent that the King might not hereafter be deceived in his Grants he is content by the assent of the Lords Spiritual and Temporal and at the request of the Commons to be hereafter concluded by the wife men of his Council in things touching the estate of him and his Realm saving alwayes his liberty IV. In a Petition to the King for Lands Annuities Offices c. their value shall be therein exprest otherwise the Letters Patents thereupon had shall be void V. Stat. 18. H. 6.1 All Letters Patents which beat not date the day of the delivery of the Kings Warrant into the Chancery shall be void VI. Stat. 6. H. 8.15 If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last Grantee shall express in his Petition or Patent the former Patent and the determination of his pleasure concerning the same otherwise the last grant shall be void VII Stat. 34 35. H. 8.21 The King shall hold and enjoy all Honours Manors Lands and other Hereditaments which he hath obtained since the fourth of February in the 27. year of his Reign or shall hereafter obtain within seven years next after the making of this Act by bargain exchange or purchase Notwithstanding any mis-recitall non-recitall or not naming of the said Honours c. or of the places where they lie or of any part thereof or any other matter or cause whatsoever VIII The right of others is saved save only for rents services and rents secks IX All Letters Patents and Grants made by the King since the said 4th of February or which shall be hereafter made by him within 7 years next after the making of this Act shall be good Notwithstanding in any mis-naming mis-recitall non-recitall not finding of Offices mis-recital or non-recital of Leases uncertainly miscasting rating or setting forth of the yearly values or rate of the things granted or of the yearly Rents thereof want of Attornment and Livery of Seisin or the mis-naming of the places where the things granted do lie or of the Tenants or Farmers of them or any of them X. Provided that notwithstanding this Act the Kings Grants of Offices and
their fees for keeping of Castles Houses Parks Chases Forrests or Block-houses shall be void when the cause of exercising such Offices is determined XI Provided also that this Act shall not extend to revive any Letters Patents or any Office granted by the King which have been made void by Authority of Parliament Judgement Decree or otherwise XII This Act shall not be prejudicial to any Letters Patents Indentures or Writings made after the said 4th of February and before the 28th of April in the 28th year of the Kings Reign or to any other Statute made for the corroboration of such Letters Parents Indentures or Writings XIII Stat. 1. E. 6.8 Such another Statute made for the confirmation of all Grants made and to be made by E. 6. from the 28th of January in the first year of his Reign and so during his life with such provisoes and limitations as in the former Act of 34 35. of H. 8. are contained See the Statute XIV Stat. 7. E. 6.3 A confirmation of the Kings Letters Patents notwithstanding his non-age or any Statute heretofore made for the reservation of Tenures Rents or Tenths XV. Stat. 4.5 P. M. 1. Another like Act made for the confirmation of all Grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with such provisoes and limitations as in the said former Acts of H. 8. and E. 6. are contained XVI Stat. 18. E. 2. Another like confirmation of all Grants made to for or by the Queen or to be so made within 7. years next after the end of this Session with like provisoes and limitations as in the former Statutes XVII Stat. 35 El. 3. All Abby-lands which came to the hands of H. 8. shall be adjudged to have been in his actual and lawful possession notwithstanding any defect want or insufficiency of or in any Surrender Grant or Conveyance thereof or of any part thereof made to the said King or any other matter or cause whatsoever whereby he might have been entitled thereunto XVIII All Letters Patents made by him since the fourth of February in the 25. year of her Reign for the foundation of any Dean and Chapter or Colledge shall be adjudged good XIX The right of all others except of Abbots Priors c. is saved XX. Stat. 43. El. 1. All grants made to the Queen since the 8th of February in the 27th year of his Reign except by Ecclesiastical persons or bodies politique not having power or ability to make such grants are confirmed XXI The right of all others is saved except of the parties and privies of such grants XXII All grants made by the Queen to others since the said time as also all others that should be made by force of a Commission then on foot before the end of this Session or within one year after shall be good XXIII The Letters Patents of all such grants shall be expounded most beneficial to the Patentees any mis-naming mis-recital non-recital c. notwithstanding XXIV This Act shall not extend to Letters Patents of Offices nor of concealments except such concealments onely as are sold by Commissioners XXV Neither shall this Act extend to make good any Letters Patents heretofore adjudged void by any Court of Record at Westminster or by Act of Parliament neither yet those of Monopolies or for toleration of any offence prohibited by any penal Law nor of Lands where there is an estate tail in the Queen unless such estate be duly received XXVI Here also the right of others is saved XXVII Stat. 21 Jac. 25. The King nor any other claiming from by or under him shall hereafter take advantage against the Kings Patentees or Tenants for default of payment of Rent or other duty to be performed so as the rent be paid or such duty performed before such advantage taken or any Commission awarded to enquire or other process shall be issued for such forfeiture XXVIII Stat. 21 Jac. 29. All Leases made and to be made by Prince Charles of the Dutchie Lands of Cornwall shall be good XXIX Howbeit they shall not be good unless they be in possession and granted only for 31 years or 3 lives or estates determinable upon 31 years or 3 lives and thereupon also the accustomable Rent for the greatest part of 20 years before shall be reserved and where no such Rent hath been payable a reasonable Rent shall be reserved not under the twentieth part of the clear yearly value neither shall such Leases be dispunishable of waste XXX All Covenants and other agreements contained in such Leases shall be good XXXI The right of others except of the King and Prince and their Successors is saved XXXII 1 Car. 2. Such another Act for Leases to be made of the said Dutchie Lands within three years with such Clauses and Provisoes as in the Act of 21 Jac. 29. ☞ Paving I. Stat. 24 H. 8.11 The Street-way between Charing-Cross and Stroad-Cross shall be sufficiently paved at the charge of the owners of the Lands adjoyning to the same and shall also be afterwards repaired by them in pain to forfeit to the King 12 d. for every yard square not so paved and repaired and 25 H. 8. for Holborn and Southwark * II. Stat. 32 H. 8.17 All persons having lands betwixt Algate and White-Chappel Church or in Chancery-Lane Grays-Inn-Laneâ— Shooe-lane Fetter-lane or the way betwixt Holborn-bars and High-Holborn as far as any houses are there built shall before the 24 of June 1542. sufficiently pave so much of the Streets and Lanes aforesaid as are next adjoyning to their said lands and continue them in good repair in pain to forfeit for every yard square not so paved or repaired 6 d. III. The Mayor Aldermen and Justices in London and the Justices of Peace in Middl sex have power within their respective Jurisdictions to enquire hear and determine in Sessions the defaults And in case the said Justices shall be found remiss therein they shall respectively forfeit 5 l. IV. The Clerk of the Peace in Middlisex shall duly estreat into the Exchequer the Fines and forfeitures happening upon this Act in pain of 5 l. to be divided betwixt the king and the prosecutor V. Any three Justices in London whereof the Mayor is to be one have power to set Fines upon such as do not pave or repair any Street or Lane in London or the liberties thereof to be levied by distress plaint or action by the Chamberlain to the use of the Mayor and Communalty of the said City VI. The inhabitant paving his part in the said Streets or Lanes may defaulk so much of his rent from his lessor as the charge thereof shall amount unto unless it be otherwise agreed betwixt them VII Stat. 35 H. 8.12 Another like Statute for the paving and repairing of Whitâ—-Cross-Street Cheswel-streâ—t Golding-Lane Grub-street Goswel-street Long-Lane Saint Johns-street the streets there leading
shall not be put upon Inquests in London or elsewhere Howbeit these Letters Patents shall not be prejudicial to the City of London nor the Liberties thereof VIII There shall be eight of the Colledge called Elects who from amongst themselves shall yearly chuse a Presiâ—ent and as any of the Elects fail by death or otherwise others shall be chosen in their places by the survivers of the same Elects IX None shall practise Physick in the Countrey without a testimonial of his sufficiency from the President and three of the Elects of the said Colledge unless he be a Graduate in one of the Universities X. Stat. 32. H. 8.40 Physicians are discharged from keeping Watch or Ward or bearing the Office of Constable or any other Office within the City of London or the Suburbs thereof XI Four Physicians shall be yearly chosen by the Colledge and shall have an Oath given them by the President to search Apothecaries Wares and if they shall find any of them faulty shall call to them the Wardens of the Mystery of Apothecaries in London and cause then to be burnt or otherwise destroyed XII No Apothecary shall resist their search in pain of 5 l. to be divided betwixt the King and the prosecutor XIII If any of the Physicians so chosen refuse to take his Oath or after being sworn refuse to make search once in a year he shall forfeit 40 s. XIV Any of the Company of Physicians in Londoâ— may also practice Surgery XV. Stat. 32. H. 8.42 The Barbars and Surgeons of London ars made one Company and incorporated by the name of the Masters and Governours of the Mystery and Communalty of Barbers and Surgeons of London and by that name shall sue and be sued purchase Lands use a common Seal and possess the Lands which now the Communalty of Barbers of London do enjoy as also all libertiee and priviledges heretofore granted to either of the said Companies by E. 4. H. 7. or this present King Also such of them as are admitted to the practice of Surgery shall be exempt from bearing of Arms Watches and Inquests This Company shall likewise have the search oversight punishment and correction of offences committed against Barbery or Surgery according to the Statute of 19. H. 7.7 which sâ—e in Corporations yet here the right of all others to their Lands is saved XVI The Surgeons may take yearly four condemned persons for Anatomies without any suit to the King or other interruption for the same XVII No Barber in London and within a miles compass thereof shall use Surgery Neither shall any Surgeon there use Barbery or shaving XVIII Every Surgeon in London shall have a Sign at his door XIX None shall be a Barber in London but a Free-man of that Company XX. At the times heretofore accustomed there shall be four Masters or Governours of this Corporation chosen viz. two Surgeons and two Barbers who shall have the search oversight punishment and Correction of all defaults and inconveniencies in either of those Professions within the Circuit aforesaid XXI The Barber or Surgeon offending in any of the Articles shall for every moneth so offending forfeit 5 l. to be divided betwixt the King and the prosecutor XXII Howbeâ—â— the Surgeons and Barbers in Londo shall pay Seot and Lot as in former times And any person may keep a Barber or Surgeon in his House as his Servant notwithstanding this Statute XXIII Stat. 34 35. H. 8.8 It shall be lawful for any person having knowledge and experience of the nature of Herbs Roots and Waters to practise and minister to any outward Sore Uncom Wound Apostumation outward swelling or disease any Herb or Herbs Ointment Bathes Poultes and emplasters according to their knowledge of the said Maladies or the like as also drinks for the Stone Strangury or Agues without suit penalty or loss the Statute of 3 H. 8.11 or any other Statute notwithstanding XXIV Stat. 1. M. Parl. 1. Sess 2. Cap. 9. The Statute of 14. H. 8.5 is confirmed XXV When the President or Communalty of the Faculty of Physick in London or others authorized by 14 H. 8.5 to search and punish offenders shall send or commit any such offender to any Prison except the Tower the Warden Goaler or Keeper thereof shall receive and there safely keep such offender without bail until he shall be thence discharged by the said President or others anthorized as aforesaid in pain to forfeit double the penalty of the offender to be recovered by action of debt and divided betwixt the Queen and the said President and Colledge XXVI If the Wardens of the Apothecaries in this Statute called the Wardens of the Grocers or one of them do not immediately upon call go with the President or four of the Elects appointed to search the Apothecaries wares according to the Statute of 32 H. 8.40 the said President or four Elects shall do it without them as also destroy such wares as they shall find faulty and none shall resist such search in pain of 10 l. to be recovered in form aforesaid XXVII Justices of Peace Mayors Sheriffs Bailiffs Constables and other Officers shall assist the said President and all persons authorised by the said Colledge for the due execution of the said Laws and Statutes in pain to run in contempt of the Queen her heirs and Successors ☞ Plague * I. Stat. 1. Jac. 31. The Mayor Bailiffs Head-Officers and Justices of Peace in a Corporation or any two of them have power to tax the Inhabitants there towards the relief of such as are infected with the plague and to make warrant under their Hands and Seals for any person to levy the said Tax upon the goods of such as shall refuse or neglect to pay the same And in case â—o goods can be found to satisfie the Tax upon the parties refusal thereof to commit him to prison there to remain until the Tax be satisfied II. If the Corporation be not able to relieve the persons infected upon Certificate thereof to the Justices of Peace of the County thereunto adjoyning or any two of them by the said Officers and Justices of the Town or any two of them the said Justices of the County shall have like power to tax levy and imprison as aforesaid within five miles distance of the said Corporation III. In Towns and places Corporate where there are no Justices and in the Countrey two Justices of Peace of the County shall tax levy and imprison as aforesaid within five miles distance of the Town or place so infected IV. These Taxes shall be certified in at the next Quarter-Sessions of the Corporation or County respectively and shall there be ordered as by the Justices there or the more part of them shall be thought fit V. The Constable or other Officer which wilfully neglects to levy the Tax upon a Warrant as aforesaid shall forfeit for every such default 10 s. to be imployed upon the charitable uses aforesaid VI. If any infected person residing
XXI The Justices impowred to appoint a Treasurer to receive the said moneys and make payment thereof according to their orders and may agree and article with persons by them employ'd and take security of them for safe-guarding the said Counties XXII If any persons imployed in Border-Service upon this Act shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers they shall be uncapable of being imployed in the said service and further fine and imprisonment as the Justices shall think fit XXIII The Justice may lessen the charge if they see cause this Act to continue 5. years The Stat. 4 Jac. cap. 1. 7 Jac. cap. 1. touching tryal of offenders flying out of England into Scotland et è contra revived and to be put in execution ☞ Rome * I. Stat. 25 H. 8.19 The Convocation shall be assembled by the Kings Writs and shall not enact any Constitutions or Ordinances without the Kings assent II. No Canons shall be executed which be repugnant to the Kings Prerogative or to the Customs Laws or Statutes of this Realm III. There shall be no appeals to Rome but from henceforth they shall be according to the Statute of 24 H. 8.12 Which see in Appeals to Rome IV. Appeals from the Courts of Archbishops of this Realm shall be to the King in his Chancery out of which shall thereupon issue out a Commission under the Great Seal to certain persons to be named by the King who shall thereby have power to hear and definitively to determine all such appeals and the causes concerning the same and from whose decree or sentence therein there shall be no farther appeal V. If any sue for an Appeal to Rome he shall incur a Praemunire but this is made Treason by 13 El. 2. which see in Crown VI. Appeals from places exempt which were before to the See of Rome shall be henceforth into the Chancery and shall be determined before the Commissioners as aforesaid VII Provided That all Canons Constitutions Ordinances and Synodals Provincial not repugnant to the Kings Prerogative nor to the Customs Laws or Statutes of this Kingdom shall be still used and executed notwithstanding this Act. * VIII Stat. 25 H. 8.20 No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop neither shall Annates or First-fruits be paid to the same See IX Concerning the Election of Archbishops and Bishops the King may send to the Prior and Covent or Dean and Chapter of the place shall be void his Letters missive containing his conge d'eslire or license to elect the person named in the said Letters missive which person they are to choose for their Archbishop or Bishop and none other X. In case they fail to make election accordingly the King shall nominate such an Archbishop or Bishop by his Letters Patents and if it be a Bishop he shall present him to the Archbishop or in case that See be then void to any other Archbishop within his Dominion but if it be an Archbishop then to an Archbishop and two other Bishops or else to four other Bishops to be nominated by the King XI When any Archbishop or Bishop is elected or presented as aforesaid they are in due form to be invested and consecrated viz. a Bishop by the Archbishop of that Province or in case of vacation by any other within the Kings Dominions and an Archbishop by some other Archbishop ond two Bishops or else by four Bishops without suing for any Bulls Letters or other things from the See of Rome for the same And such Archbishop or Bishop betwixt his election and consecration shall be called the Lord Elect of such a Dignity XII Such election or presentment of an Archbishop or Bishop shall be lawful and make them capable to do and execute all things that concern the said Dignities XIII If the Prior and Covent or the Dean and Chapter within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election and certifie the same to the King or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated as aforesaid do not perform the same accordingly within 20 days after such presentment or if any person or persons de admit obey or execute any Censures Excommunicotions Interdictions Inhibitions or any other Process or Act in derogation of this Act that then all and every person and persons offending shall incurre a Praemunire XIV Stat. 25 H. 8.21 No imposition shall be paid to the Bishop or See of Rome neither shall any person sue for any dispensation or license to the Bishop of Rome XV. The Archbishop of Canterbury may grant dispensations to the King and likewise licenses to all others of things formerly used to be licensed Howbeit of causes not used to be licensed no dispensations shall be granted without the approbation of the King and his Councill XVI Here Licenses of things whereof the tax did heretofore extend at Rome to 4 l. shall be also confirmed by the Kings Great Seal and likewise enrolled in Chancery by a Clerk thereto appointed but all others may be granted by the Archbishop without such confirmation unless the party desire to have it enrolled and then the Fee for the Seal shall be 5 s. and not above And all Acts done by such licenses shall be good in Law XVII All children procreated after Marriage to be had or done by such licenses or dispensation shall in all Courts be admitted Legtiimate and Inheritable XVIII There shall be a Clerk assigned by the Archbishop to register Dispensations and another by the King to enroll Confirmations XIX There shall be two Books made wherein the taxes of Dispensation shall be written whereof the one shall remain with the said Register of the Dispensations and the other with the said Clerk of the Confirmations XX. None shall pay for dispensation greater taxes then shall be set down in the said Books and if any Officer takes more he shall forfeit ten times so much to be divided betwixt the King and the prosecutor Howbeit where they are Arbitrary the Archbishop and the Lord Chancellor and Keeper shall rate them and here also is set down how the money received shall be divided For which see the Statute at large XXI This Act shall not inhibit the Archbishop of York nor other Bishops to dispence as they were wont to do by the Common Law and custome of this Realm XXII During the vacation of the See of Canterbury the Guardian of the Spiritualities shall grant Dispensations Here is also a remedy provided where the Archbishop or Guardian refuse to grant Dispensations viz. by a Commission from the King to impower two other Prelates to perform the same For which see the Statutes at large XXIII All Religious Houses heretofore exempt from the Visitation of the Archbishop shall still remain so notwithstanding this Act and shall be under the Visitation of
King and his people ☞ XXX Stat. 1 H. 4.11 Because Sheriffs did much oppress the people for that they were charged with the ancient farms of the Counties whereof a great part had been granted to Lords and others hereafter the Sheriffs upon their accounts in the Exchequer shall have allowance by their oaths of the issues of their Counties And if from henceforth any Sheriff extort upon the people and be thereof attainted he shall be punished at the Kings will XXXI Stat. 4 H. 4.4 Every Sheriff of England serra demurrant shall abide in proper person within his Bailiwick for the time that he shall be such Officer He shall not let his Bailiwick to farm And he shall be sworn to do the same in special amongst other Articles comprised in his Oath XXXII Stat. 1 H. 5.4 They who have been Sheriffs Bailiffs for one year shall not bear that Office by three years next following except in Sherifwicks inheritable XXXIII No Under-Sheriff Sheriffs Clerks Receiver or Sheriffs Bailiff shall be Attorney in any of the Kings Courts so long as he bears such Office under the Sheriff XXXIV Stat. 4 H. 5.2 Sheriffs of England shall have allowance upon their accompts by their oaths of things casual as of estreats that be not in farm or demand but for all things that run in yearly farms or demands they shall be charged to the King as in times past XXXV Stat. 23 H. 6.8 The Statute of 14 E. 3.7 42 E. 3.9 and 1 R. 2.11 shall be duly observed except by Officers in London and where any hath freehold or inheritance in the Sheriffs Office XXXVI No Sheriff or any of his under-officers except before excepted shall act contrary to the said Statutes in pain to forfeit yearly 200 l. and every pardon granted them in that behalf or for the said forfeiture and every Patent made for that purpose shall be void notwithstanding the clause or word of non obâ—tante be inserted in any of them And whosoever shall hereafter act by any such Patents shall be for ever after disabled to bear the Office of Sheriff in England XXXVII The forfeiture abovesaid is to be divided betwixt the King and the prosecutor ☞ XXVVIII Stat. 23 H. 6.10 No Sheriff shall let to farm his County or Bailiwick neither shall he his Under-Sheriff or any other Bailiff return upon Enquest any Bailiff Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save only the fees that follow viz. for the Sheriff 20 d. for the Bailiff that makes the Arrest 4 d. and for the Goaler when the party is committed 4 d. Neither shall any Sheriff Under-Sheriff Sheriffs Clerk Steward or Bailiff of Franchise servant Bailiff or Coroner take above 4 d. for the copy of a Pannel XXXIX Sheriffs and other Officers shall let to â—bail persons by them arrested upon reasonable sureties having sufficient within the County persons in Ward by condemnation exemption Capias utlagatum or excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted XL. The said Officers shall take no bond of any Arrested person but for appearance and to themselves only and shall not take for it more then 4 d. and Bonds otherwise taken colore officii shall be void XLI Sheriffs shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto him XLII Sheriffs Under-Sheriffs Clerks Bailiffs Goalers Coroners Stewards Bailiffs of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40 l. to be divided betwixt the King and the prosecutor XLIII Justices of Assize of both the Benches and of Peace have power to hear and determime such offences XLIV If the Sheriff return a Cepi Corpus or Reddidit se he shall be chargable to have the body of the party ready at that day of the return mentioned in the Writ XLV The Warden of the Fleet or of the Goal of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XLVI Stat. 1 E. 4.2 Sheriffs shall deliver all indictments and presentments taken in their turns unto the Justices of Peace at their next Sessions in pain of 40 l. who shall arreign deliver make Process and proceed thereupon as if they were taken before them and shall deliver indented estreats of the fines to the Sheriff to be levied to his own use And here if the Sheriff levy any fine or commit any to prison by colour of any such indictment or presentment or otherwise then by Warrant from the Justices as aforesaid shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had fines formerly granted unto them XLVII Stat. 12. E. 4.1 If a Sheriff execute or return any Writ Precept or Warrant into any of the Kings Courts in Michaelmas-Term after the sixth day of November being commonly the day of the date of their Patent and before any Writ of Discharge is delivered unto him he shall not thereby incur the penalty of 200 l. ordained by the Statute of 23 H. 6.8 Albeit he doth execute his Office after the returns of Crastino Martini Octabis Martini Quindena Martini after his year is out XLVIII Stat. 17. E. 4.6 Every old Sheriff may execute his Office during Michaelmas and Hillary Terms if he have not before a Writ of discharge without danger of incurring any forfeiture or pain in respect thereof ☞ XLIX Stat. 11. H. 7.15 No Sheriff Under-sheriff or Sheriffs Clerks shall enter into the County-Court any plaint in the absence of the Plaintiff or his Atturney nor have above one plaint for one Cause in pain of 40 s. to be divided betwixt the King and the prosecutor L. A Justice of Peace upon complaint made hath power to examine the abovesaid Officers and Plaintiff concerning the premises and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in pain of 40 s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40 s. without further enquirie LI. The Defendant in the County-Court shall have lawful summons and if the Bailiff be therein found faulty he shall forfeit 40 s. And here also examination and Certificate shall be made by a Justice of Peace as aforesaid LII Before the Sheriff issue forth any Estreats out of the County-Court two Justices of Peace 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriff one of them shall remain with the Justices and the other with the Sheriff and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in pain of 4â— s. who may be convict of that offence by the examination of one
Vessel than belonging to the places of France c. and manned as aforesaid shall be adjudged aliens goods and pay Custonis and Duty to the Town or Port where they shall be imported And all Masts Timber-boards c. of the growth of Spain Canary Islands Portugal Madera Western Islands Muscovy or Russia imported in any other Ships than of the said places And all Turky Commodities otherwise imported than as aforesaid shall pay Customes as Aliens goods LXXII Officers of the Custome may not allow any the Priviledges aforesaid to foreign built ships nor English built ships for forein goods without certificate and proof by oath taken before them and examination whether the Master and 3 fourths of the Mariners be English or of the Countrey from whence the goods come upon pain to forfeit their places LXXIII Proviso to exempt coming from the Straights or Levant though not of the very growth of the said places LXXIII Proviso Not to restrain the importing any East-India Commodities in English-built shipping manned with Mariners as aforesaid from usual places in those Seas to the Southward though not of the said growth LXXIV Proviso That the People of England Ireland Wales Guernsey and Jersey Islands and Berwick may bring in English Ships manned as aforesaid from any Ports of Spain or Portugol or Western Islands called Azores or Madera or Canary Islands all sorts of Commodities of their growth manufacture or Plantations LXXV Proviso Not to extend to Bullion or Goods taken by reprisal by any Ship of England Ireland Wales Guernsey Jersey Islands or Berwick Navigated as aforesaid and having Commission from the King LXXVI Proviso Not to extend to lay Aliens duties upon Corn and certain other goods of Scotland imported in Scotch Ships Navigated by 3 fourths of the Kings Subjects nor to Seal Oyls of Kussia LXXVII Proviso Imposing duties upon certain French Ships to continue so long as a certain duty of 50 Soulz per Tun upon English by the French shall be payable and 3 months after and no longer LXXVIII Sugars Tobacco Cotton Wooll Indico Ginger Fustick or other dying Wood of the production of America Asia or Africa shall not be shipt or conveyed from any the said Plantations but such other as belong to the King or to England Ireland or Wales and there laid on shore upon pain of forfeiture one moity to the King the other moity to the Informer LXXIX Ships of England Ireland or VVales sailing to any English Plantation in America Asia or Africa shall give sufficient sureties to bring goods there laded into England Ireland VVales or Berwick upon Tweâ—d And likewise Ships coming from other Plantations shall give the like Sureties and shall bring Certificates to the respective Governors of the said Plantations from the Officers of the Custome-House of England c. of their having given suâ—h Bonds upon pain of forfeiture of the Ships offending their Goods Tacklings c. And the said respective Governors to return the Bonds so taken twice every year to the chief Officers of the Custome-House of London LXXX Stat. 13 Car. 2. cap. 9. Articles to be observed for the Publique Worship of God punishing certain offences and for the regulating and better governing of the Kings Navies Ships of War and Forces by Sea And impowring the Lord Admiral to grant Commissions to call Court-Marshals LXXXI All faults misdemeanors and disorders committed aâ— Sea not mentioned in the Act to be punished according to the Laws and Customs in such cases used at Sea LXXXII Proviso Not to extend to give the Lord Admiral of England or other his Officers any other Power Jurisdiction or Authority then they ought to have before this Act other then touching the said offences mentioned in the said Articles done upon the main Sea or in Ships or Vessels in the main stream of great Rivers only beneath the Bridges nigh the Sea within the Jurisdiction of the Admiralty and committed only by such persons as be in actual service and pay in the Kings Fleet or Ships at Sea LXXXIII Stat. 16 Car. 2. cap. 7. An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to his Majesties Navy Royal. Vid. the Act being but upon continuance for two years from the First of June 1664. And from thence to the end of the next Session of Parliament LXXXIV Stat. 16 Car. 2. cap. 8. An Act to prevent the delivering up of Merchants ships to Pyrats and Sea-Rovers having sufficient to defend themselves Vid the Act being but upon Continuance for 3 years and from thence to the end of the next Session of Parliament and no longer Silk * I. Stat. 19 H. 7.21 None shall bring or cause to be brought into England any Silk wrought by it self or with other stuff out of England in Riband Laces Girdles Corses Calles Corses or Tissues or Points in pain to forfeit the same or the value thereof to be divided betwixt the King and the seisor or prosecutor But all other Silk both wrought and raw may be imported and sold at pleasure II. Stat. 14 Car. 2. cap. 15. An Act incotporating and for regulating ordering and managing the Trade and Mystery of Silk-throwing See the Act. Southampton I. Stat. 11 H. 7.5 Every man may pull down the Wears and Engines in the Haven of Southampton between Calshord and Rebridge And whosoever levieth any other there shall pay 100 l. to the King II. Stat. 14 H. 8.13 A confirmation of 11 H. 7.5 and the same made perpetual III. Stat. 4 Jac. 10. An Act was made for the confirmation of some part of a Charter granted by H. 6. to the Mayor Bailiffs and Burgesses of Southampton and for the relief of the Town See the Statute at large Spice I. Stat. 1. 19 Jac. 19. All Spice Drugs and other Merchandize Garbleable shall for the fees usually allowed be sufficiently cleansed and Garbled and afterwards sealed by the Garbler thereto appointed or his Deputy before they be sold in pain to forfeit them or the value thereof Also such as after Garbling shall be again mixed with Garble shall likewise be forfeit II. It shall be lawful for the said Garbler to search in Shops Cellars Ware-houses and other places for wares ungarbled and if he find any such to cause them to be Garbled III. The forfeitures of this Act are to be divided betwixt the King and the prosecutor IV. Spices or other Garbleable Merchandize imported and afterwards within eight months exported without being sold or Garbled shall not be within the danger of this Act. Spiritual Laws I. Stat. 13 El. 12. Every Spiritual person under the degree of a Bishop pretending to be a Priest or Minister of the Word by any other form of Institution or Consecration then that established by E. 6. or now used shall before Christmas next in the presence of the Bishop or Guardian of the Spiritualties of the Diocess where he hath his Benefice declare his assent and subscribe to the Articles of Religion
Tile before the first of March and shall likewise be tryed and severed from stones malne marle and chalk II. A plain Tile shall contain in length ten inches and an half in breadth six inches and a quarter and in thickness half an inch half a quarter at least A roof or cross-tile in length thirteen inches and in thickness as before with convenient deepness accordingly a gutter and a corner-tile in length ten inches and an half with convenient thickness breadth and deepness III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by Action of debt and besides shall make fine and ransom at the Kings will IV. Justices of Peace shall hear and determine these defaults and effences as well at the suit of the King as of the party grieved and shall not set less fine upon an offender against this Act then after the rate of 5 s. for every thousand of plain Tile 6 s. 8 d. for every hundred of roof-tile and 2 s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in pain to forfeit to the King for every default 10 s. and shall have of every Tile-maker for such search after the rate of 1 d. for every thousand of plain Tile ob for every hundred of roof-tile and qu. for every hundred of corner and gutter-tile and shall make presentment of all defaults found at the next Sessions which shall be as effectual in Law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of Peace have also power to hear and determine in the defaults of the said searchers Tindale Ridesdale and Examshire I. Stat. 2 H. 5.5 If any person of Tindale or Examshire commit any murder treason manslaughter or robbery or consent thereunto out of the said Franchises Process shall be made against him until he be outlawed and after outlawry returned the Justices before whom it is so returned shall make certificate thereof to the Ministers of the said Franchises who shall take such Felons and seize their lands and tenements into the hands of the Lords of the same Franchises as forfeit but their lands and tenements out of those Franchises shall be seized to the use of the King and other Lords having Franchise there as forfeit saving to the King the forfeitures of such offenders which to him belong in right of his Crown II. Stat. 9 H. 5.7 The Statute of 2 H. 5.5 made against offenders in Tindale and Examshire shall be extended against the like offenders in Ridesdale III. Stat. 11 H. 7.9 The North and South-Tindale and all the lands within the same shall be guildable and parcel of the County of Northumberland and no Franchise shall be there but all the Kings Writs and Officers shall be there obeyed IV. None shall demise any lards for years life or at will there but the Lessor shall before find two sureties having at least 40 s. per annum within the County of Northumberland to be bound by Recognisance in 20 l. to the King to make answer within 8 days warning to all such offences as aforesaid And the Lessor shall forfeit 40 s. for every acre otherwise let to the King and Justices and such Lease shall be void The Justices of Peace also shall inquire of such Recognisances forfeited See the Statute at large ☞ Tithes * I. Stat. pro Clero 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge saving to him his right II. Stat. 1. R. 2.14 Where in an Action of goods carried away the Defendant maketh his title for Tithes due to his Church in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel III. Stat. 5. H 4.11 The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes where the lands in farm do lie notwithstanding they be seised into the Kings hands or any prohibition made to the contrary ☞ IV. Stat. 27. H. 8.20 If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace 1. qu. of any contumacie or misdemeanour committed by a Defendant in any suit there depending for Tithes the said Justices shall commit such Defendant to prison there to remain till he shall find sufficient surety to be bound before them by Recognisance or otherwise to give due obedience to the Process Proceedings Decrees and Sentences of the said Court V. This Act shall not extend to any Citizen of London neither shall it restrain any person from having their defence and remedy according to the Ecclesiastical Laws and the Laws and Statutes of this Kingdom VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint shall have established the Ecclesiastical Laws for the Church of England after which time Tithes shall be paid according to those Laws and not otherwise * VII Stat. 28 H. 8.11 The year in which the first-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice and the Tithes and other profits of any such Benefice arising during the time of the vacation shall belong to the Presentee or his Executors towards payment of the first-fruits which if any Archbishop Bishop or other hinder him to have he shall forfeit the treble value thereof to be divided betwixt the King and such incumbent Howbeit such Archbishop Bishop Ordinary or other officer shall be allowed the charge of the Cure and of inning Tithes and other profits VIII Here also the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands IX But the successor upon a months warning shall have the Parsonage-house and the Glebe not sowen X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate the next incumbent shall do it within 14. days after his induction ☞ XI Stat. 32 H. 8.7 All persons shall duly set forth and pay all Tithes and Offerings according to the custom of the places where they grow due XII If Tithes or Offerings be not so set out and paid the party grieved may convent him that so detains them before the Ecclesiastical Judge who hath power to hear and determine the matter in question ordinarily or summarily according to the Ecclesiastical Laws and to give sentence thereupon accordingly XIII Here if any of the parties appeal the Judge upon such appeal shall adjudge to the other party reasonable costs and compel the Appellant to satisfie them by Process and censures Ecclesiastical taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him
intent to put the Defendants from their law that the same was found before their Apprentices or servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the Defendants to their law or to try the same by Inquest ☞ Wales I. The second Volume of the Book of Old Statutes is a long Act made Anno 12 E. 5. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated and united to England and there you shall also find many good Laws concerning the division of Wales into Counties Trials and Division of Actions together with divers forms of Writs and the proceeding thereupon much like to the Laws of England For all which see there that Act at large II. Stat. 28 ◠3.2 All Lords of the Marches of Wales shall be perpetually attending and annexed to the Crown of England as they and their Ancestors have been in times past and not to the Principality of Wales in whose hands soever the same shall come III. Stat. 9 H. 4.4 No Thief or Felon in Wales openly known shall be suffered to disclaim out of the Seigniory where the Felony was committed But such manner of disclaimer shall be from henceforth utterly put out and such Thieves shall be put to answer to Indictments and other accusations in the Seigniory where they are taken without being delivered by disclaiming or Letters of Marque IV. Stat. 2 H. 5. Stat. 2.5 If a Welsh-man that doth forcibly take and detain an English-man until he be ransomed will not upon process awarded against him by the Justices appear and answer the same untill he be outlawed the Justices shall certifie the same under their seals to the Officers of the Seigniories where such outlaw is who shall apprehend and do execution upon him according to the Law But this is now altered by 27 H. 8.26 which see after V. Stat. 26 H. 4.8 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this such◠Keeper shall observe in pain to be imprisoned and fined at the discretion of the Court. VI. Here if the Jurors give any untrue verdict against the King contrary to good and pregnant evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretions VII ☞ Stat. 26 H. 8.6 All persons dwelling in VVales or the Marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such Fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs VIII If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the custom of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compell him by imprisonment to pay such fines and penalties both to the King and the party grieved IX None in VVales or the Marches thereof coming to any Sessions or Court there shall bring or cause to be brought thither or to any other place within two miles thereof or to any Town Church Fair Market or other Congregation except upon a Hue and Cry or into the High-way affray of the Peace of the Kings People any Bill Low-Bow Cross-bow hand-gun Sword Staff Dagger Halbert Morespike Spear or any other Weapon Privy Coat or Armour in pain to forfelt the same unless it be by the command or license of the Justices a Steward or other Officer or of the Commissioners or Council there X. None without the Commissioners license in writing shall there or in the Counties thereto adjoyning require or levy any Commorth Bydal Tenants Ale or other collection or exact any money goods or other thing under colour of marriage or suffering of their children saying or finging their first Masses or Gospels of any Priests or Clerks or for the redemption of any murder or other felony or for any other cause whatsoever or shall make or procure to be made any games of running wrastling leaping or any other games the game of shooting only excepted in pain to suffer a years imprisonment and to be fined at the discretion of the Commissioners who shall by this Act have power to hear and determine the said offences Neither shall any cast any Arthell into any Court there by reason whereof it may be letted or discontinued at that time in pain to suffer a years imprisonment XI Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint XII Justices of Peace and Goal-delivery in the Counties next adjoyning to VVales where the Kings Writ runneth may hear and determine the offences of counterfeiters washers clippers or diminishers of Coin and all felonies and their accessaries committed in VVales or the Marches thereof And acquittal or fine making for any of the said offences in any Lordship marcher shall be no barr for any person or persons indicted for the same within 2. years next after such offence committed XIII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the offender is resiant a Certificate under the seals of two of them at least of any such outlawry or attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such offender and safely to keep him untill such convenient time before the next Goal-delivery of the
he should think fit LVI Stat. 33 H. 13. Hope Asaph Hawarden Moldesale Mereford and Osâ—lâ—y shall be reputed to be within the County of Flint as part thereof and not in any other County Howbeit they shall pay their taxes with the Inhabitants of such Shire or Shires as hath been formerly accustomed LVII Also Hope Modesdale Mereford Oseley and Hawarden shall be called the Hundred of Modesdale in the County of Flint and Asaph shall be reputed parcel of the Hundred of Ruthland in the same County LVIII Stat. 34 35. H. 8.26 VVales shall be divided into twelve Counties whereof eight were ancient Counties viz. Glamorgan Caermarthen Pembroke Cardigan Flint Carnarvan Anglesey and Merioneth also four other were made by the Stat. of 27 H. 8.26 viz. Radnor Breknoke Mountgomery and Denbigh besides the County of Monmouth and divers Lordships united to the Counties of Salop Hereford and Glocester LIX The limitations of Hundreds lately made within the said Counties by Commission out of the Chancery and again returned thither shall stand in force except such of the same as have been since altered by any Act and shall be altered by this LX. There shall remain a President and Council in VVales and the Marches thereof with officers and incidents thereunto as hath been used which President and Council shall hear and determine such causes as shall be assigned to them by the King as heretofore hath also been used LXI Sessions shall be kept twice a year in the Counties of Glamorgan Breknoke Radnor Caermarthen Pembroke Cardigan Mountgomery Denbigh Carnarvan Flint Merioneth and Anglesey which Sessions shall be called the Kings great Sessions LXII The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh Flint and Mountgomery for his old Fee of 100 l. per Annum LXIII The Justices of North-VVales shall do the like in the Counties of Carnarvan Merioneth and Anglesey and shall have a Fee of 50 l. per annum LXIV A person learned in the Law to be appointed by the King shall be Justice in the Counties of Radnor Breknoke and Glamorgan and shall likewise hold Sessions twice a year and have for his Fee 50 l. per annum LXV Another such person to be appointed as aforesaid shall be Justice in the Counties of Caermarthen Pembroke and Cardigan and shall hold Sessions and have fee as aforesaid LXVI The said Justices shall have Commissions under the great Seal for their Offices to be executed by themselves or their Deputies LXVII These Justices may hold pleas for the Crown in as large manner as the Lord chief Justice or the other Justices of that Bench may do and also pleas of Assizes and all other pleas and actions real personal and mixt in as large manner as the Chief Justice of the Common Pleas or the other Justices of that Court may do LXVIII They shall also enquire hear and determine all criminall offences whatsoever committed within their several limits and administer common justice to all the Kings Subjects there according to the Laws Statutes and Customs of England and this present Ordinance LXIX The said Sessions shall each of them hold six days as hath been used in North-wales and notice thereof shall be given by Proclamation fifteen days at least before they keep the same LXX Dayes shall be given in all Pleas Plaints Process and adjournments from day to day and Sessions to Sessions at the discretion of the said Justices for the good and speedy administration of Justice LXXI The seal for the three Counties of North Wales viz. Merioneth Carnarvan and Anglesey shall remain in the custody of the Chamberlain of North-Wales The seal for Carmarthen Pembroke and Cardigan with the Chamberlain of South-Wales That for Breknoke Radnor and Glamorgan with the Steward and Chamberlain of Breknoke That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh And that for Flint with the Chamberlain of Chester LXXII The said Stewards and Chamberlains shall with the Seals Seal all Original Writs and Process returnable before the Justices at the Sessions as aforesaid and shall answer the profits thereof to the King But none of them or any Chancellor shall by occasion of keeping such Seals compel any person inhabiting in any of the said 12 Shires to appear before themselves or their Deputies or hear or determine any pleas or causes whatsoever otherwise then as by this Ordinance is limited And such writs and process shall be returned before the said Justices as hath been used before the Justice of North-Wales LXXIII All that shall be Stewards Chamberlains or Chancellors within any of the said twelve Shires having Offices of Receipt Collection or account of any of the Kings Rents Revenues or profits there may direct process under the said Seal being in their charge within the limits of their Authorities against Bailiffs Reeves Farmers and other Ministers accomptant to appear before themselves for any such Rents Revenues Farms or Profit as hath been heretofore used But for nothing else nor to any other person LXXIV The Steward 's also may hold Leets Law-dayes or Court Barons of the Lordships whereof they are Stewards and also pleas by plaint under 40 s. in every such Court-Baron and have and enjoy all authorities and profits thereunto belonging notwithstanding any Law or Custome in Wales to the contrary Howbeit neither they nor Sheriffs shall have power to enquire of Felonies in any such Leet Law-day or Turn Neither shall they keep any Leet or Law-day but in such places where they were used to be kept before the Statute of 26 H. 8.6 So as the place be convenient for the keeping of such Courts LXXV Mayors Bailiffs and Head-Officers of Corporate towns in Wales may hold pleas and determine Actions so as they observe the Laws of England and not Welsh Laws or Customs They may also try issues by six men as in divers places hath been used notwithstanding this Act. LXXVI The King may within seven years dissolve Boroughs in Wales and erect others there by his Letters Pattents LXXVII Officers certain fees appearing in the Kings Letters Pattents shall continue but not their casual fees claimed by colour of their offices any Custome in Wales or this Act to the contrary notwithstanding LXXVIII Each Justice shall also have a judicial seal to seal all bills and judicial processes sued before them in the Sessions whereof the first shall remain with the Justice of Chester for Flint Denby and Mountgomery The second with the Justice of North Wales The third with the Justice of Glamorgan Breknoke and Radnor And the fourth with the Justice of Pembroke Caermarthen and Cardigan Also every such Justice shall accompt and answer to the King the profits of the seal in his custody as shall be hereafter declared And the Teste of every bill and process that passeth under such seal shall be under the name of the Justice that issueth it out as is used in the Common-Pleas in England LXXIX All Actions real
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
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
distress to commit the party to the Goal at his own will there to remain one moneth without bail XXXI Provided no person be questioned for any offence within this Act unless within 6. weeks after the offence committed ☞ VVoolls I. Stat. 18 E. 3. Stat. 2.3 Every man as well stranger as other may buy Woolls as they can agree with the seller thereof II. Statutum Stapul Cap. 12. None shall transport Woolls Leather or Woolfels to Berwick or elsewhere into Scotland neither shall any sell Wooll Woolfels or Leather to any Scotchman or to any other to be transported into Scotland upon the pains contained in the third Article of this Statute which see in Merchants * III. Stat. 31 E. 3.2 No wools shall be bought by fraud to abate the price thereof upon grievous forfeiture also balances and weights for wools viz. of the sack half sack and quarter pound half pound and quarter shall be sent to all the Sheriffs of England according to which every person shall make theirs without fee or reward and none shall buy or sell by any other weight in pain to be fined at the Kings will IV. Stat. 31 E. 3.8 No buyer of wools shall make any other refuse of wools then hath been heretofore used viz. of cote gare and villain fleeces and every sack shall contain 16 stone and the stone 14 pound according to the Standard of the Exchequer also all wools fels and leather bought in the Countrey shall be brought to the staples and there shall remain 15 dayes at least and those that cannot be sold in that time shall be brought to the Ports ordained for the staple to be transported beyond Sea paying the due Customs and Subsidies viz. for a sack of wool 50 s. for 300 woolfels 50 s. and for a last of leather 100 s. V. No wools vendible shall be lodged shewed or sold within 3. miles of the Staple Howbeit every one but a Merchant may lodge shew and sell his wools being of his own growing in his own house or elsewhere at his pleasure VI. Stat. 31 E. 3.9 The Chancellor and Treasurer with the advice of others of the Kings Council shall have power to defer the transportation of wools when they see it needful VII Stat. 34 E. 3.19 No Custom or Subsidy shall be paid for Canvas to pack wool in VIII Stat. 36 E. 3.11 All Merchants may transport wools without restraint and no Subsidy or other charge shall be from henceforth set or granted upon wools by Merchants or others without assent in Parliament IX Stat. 38 E. 3. Stat. 1.1.6 A repeal of the Felony imposed by the Statute of the Staple Cap. 3.27 E. 3. which see in Merchants for transporting wools c. by Englishmen but the forfeiture of lands and goods shall stand X. Stat. 43 E. 3.1 Whereas the Staple of wools c. hath been holden at Calice since the first of March Anno 37 E. 3. That staple shall be wholly put out and the staple shall be holden in these places following viz. at Newcastle Kingston upon Hull Saint Buttolph â—lias Boston Yarmouth Quinborough Westminster Chichester Winchester Exeter and Bristll and the staples of Ireland and Wales shall be kept at the places where they were first ordained Obsolete XI Stat. 45 E. 3.4 No imposition or charge shall be put upon wools woolfels or leather other then the custom and subsidie granted to the King without assent of Parliament XII Stat. 13 R 2.9 pars inde None shall buy or sell wool at more weight then at 14 pounds to the stone in pain to forfeit the double to the party grieved and to make fine to the King XIII None Alien or Denizen shall make any other refuse of wool but Cot Gare or Villein XIV None shall buy wools by these words good packing or the like in pain that the Broker shall suffer half a years imprisonment and the buyer shall make fine to the King and recompence the party grieved his double damages neither shall any cause wools to be cocketed but in the owners name in pain to forfeit the same XV. Stat. 2 H. 5. Stat. 2.6 Merchandise of the Staple viz. wools fels leather lead orâ—tin shall not be transported beyond Sea without the Kings licence until they be first brought to the staple in pain to forfeit the same Obsolete XVI Stat. 8 H. 5.2 Every Merchant-stranger buying wools in England to convey them to the West-parts or elsewhere and not coming to the staple to sell them there shall bring to the Master of the Mint for every sack an ounce of Gold Bullion and for every 3. pieces of tin another such ounce of Bullion or the value in silver Bullion in pain to forfeit such wool and tin or the value thereof to the King Obsolete XVII Stat. 8 H. 6.22 No Alien shall cause any wools which he intends to convey out of the Realm to be forced clacked or bearded in pain to forfeit the same together with the double value thereof and besides to be imprisoned XVIII Every Wool-packer shall make good and due packing and neither he nor any other shall make any inwinding within the fleece at the rolling thereof nor put therein any looks pelt-wool tar sand earth glass or dirt in pain that the party grieved shall have his action of Trespass and deceit against such offender at the common Law XIX Stat. 14 H. 6 5. Wools and all other Merchandize in Creeks to be transported beyond Sea shall be forfeited whereof the King shall have the one moyety and the finder the other Obsolete * XX. Stat. 23 H. 8.17 None shall winde any fleece of wool not sufficiently rivered or washed nor winde therein any Clay Lead Stones Sand Tails deceitful locks cot calls comber lambs wool or any other thing whereby the fleece may be more weighty to the deceit of the buyer in pain that the seller of any such deceitful wool shall forfeit for every such fleece 6 d. to be divided betwixt the King and the finder XXI This Act shall not extend to such Counties where the Inhabitants have not customably used to river or wash their sheep before they be shorn nor to any persons who have used to sell their wool by tail or number of the fleeces and not by weight XXII Stat. 37 H. 8.15 All persons are restrained to buy wools in Norfolk and divers other Counties there mentioned except merchants to convey them to the Staple or others to convert them into Yarn Hats Girdles or Cloth But this Statute is now expired XXIII Stat. 1 E. 6.6 Every person dwelling in Norfolk or Norwich may buy wools of Norfolk growth as well as they might have done before the Statute of 37 H. 8.15 so as they sell or retail the same again in some open market or place in Norfolk or Norwich to some person or persons dwelling also there that will there spin the same XXIV Stat. 2 3 P. M. 13. Any inhabitant of Halifax may buy wools otherwise then by
between the Lord that distraineth and the tenant the Mesne also being of full age and the Tenant Tenant in fee-simple Militia See Captains and Souldiers Numb XXXIX Ministers I. Stat. 12. Car. 2. cap. 17. An Act for confirming some and restoring other Ministers to their Benefices Monasteries Abbeys Priories Colledges Free-Chappels Hospitals Chanteries their Governours and Possessions and also all other Religious persons I. Marlb 28. 52. H. 3. If wrongs or trespasses be done to Abbots or other Prelates of the Church and they dye before Judgment given thereof whether or no the suit be commenced in their life-time yet their successors shall have actions to demand the goods of their Church out of the hands of such trespassers II. The successors shall also have a writ to recover seisin of their lands intruded into in time of vacation and therein damages shall be awarded them as in Assizes of Novel disseisin is used III. West 1.1 3. E. 1. The Peace of the Church and Realm shall be duly kept and Religious houses shall not entertain any at the charge of the house save only the Founders c. neither shall any charge them in pain of imprisonment to make fine and to be otherwise punished at the Kings will IV. No purveyance shall be made of a Prelate without his consent V. The Sheriff shall not ride with above 5 or 6 horse nor indamage Religious persons by lodging too often at their houses or Mannors VI. Artic. Cleri 11. 9. E. 2. Religious houses shal not be charged by compulsion with Corodies Pensions resort or taking of their Horses or Carts upon the pains ordained by the Statute of West 2. VII Stat. 1. E. 3. Stat. 2.10 There shall be no more grants of Pensions Prebends Churches or Corodies at the Kings request by Bishops Abbots Priors Abbesses or Prioresses VIII Stat. 27. H. 8.28 All Monasteries Priories and other Religious Houses of Monks Canons and Nuns which have not above the clear yearly value of 200 l. per annum are given to the King and his heirs to have and hold the same in as large and ample manner as they injoyed them And all grants thereof made or to be made by the King to others are confirmed The right of others having any profit out of the same being saved IX Fraudulent Conveyances made by Governours of such houses within one year next before the making of this Act shall be void Howbeit all Leases upon the accustomed rents and grants of accustomed Offices Fees or Corodies are saved X. All Ornaments Jewels Goods and Debts which they had the first of March 1535 or at any time since are also given to the King XI The King shall have the actual and real possession of the said houses without inquisition of office so that he may lawfully grant them at his will and pleasure XII Cels which are only obediencers to the Abbies and Priories dissolved by this Act shall still remain undissolved notwithstanding this Act The right also of Founders Patrons and Donors is saved XIII Stat. 27 H. 8.27 Pars inde Upon the grant of Abbey Lands in fee a tenure in Capite shall be reserved to the King and also a yearly payment of the tenth part of the yearly value mentioned in the Letters Patents XIV Stat. 31 H. 8.13 The King and his heirs shall have all the Monasteries Abbies Priories Nunneries Colledges Hospitals houses of Friers and other religious houses and places together with their estates which since the 4. of Feb. 27 H. 8. have been dissolved suppressed renounced relinquished forfeited given up or by any other means are come into the Kings hands in as large and ample manner as the Governors thereof held them in right of the said houses XV. All Religious houses dissolved and to be dissolved together with the revenues to them belonging shall be in the actual possession of the King XVI These Abbey lands except such of them as shall come to the King by attainder of Treason shall be within the survey of the Court of Augmentations XVII Here the right of all others is saved save only for Rents-service Rents-seck and all other services and suits which are excepted out of the said saving XVIII Provided that all Leases of any such Religious or Ecclesiastical house or of any hereditaments thereunto belonging granted within one year next before the dissolution thereof which hath not heretofore been usually demised or whereof there was a former Lease in being or whereupon such ancient yearly rent is not reserved as hath been usually paid for the same twenty years next before the beginning of this Parliament and also wood-sales made within one year as aforesaid shall be void XIX Also all Feofments Fines and Recoveries of such Lands whereof the King was Founder made acknowledged or suffered by the Governours or Governesses thereof without the Kings Licence within one year next before such dissolution shall be void XX. The like provision is made for making void Leases and Wood-sales of Lands belonging to such Religious or Ecclesiastical houses as are hereafter to be dissolved Also all Feofments fines and Recoveries of such lands where the King is Founder made acknowledged or suffered by the Governours or Governesses thereof shall likewise be void XXI Leases for years not exceeding 21 made a year before this Parliament or the dissolution of such house and whereupon the accustomed rent is reserved and where a former term therein is not expired at the making of such Lease shall be good notwithstanding this Actiso also is a Lease for life or lives granted a year before dissolution to the old tenant or the former lease for life o◠〈◊〉 being not expired and the accustomed rent being reserved XXII Grants also for life by Copy of Court-Roll according to the custom where the old rent is reserved shall be good XXIII Leases examined inrolled decreâ—d or affirmed in the Court of Augmentations albeit they be made within the year shall be good XXIV Where any hath paid money for wood and by this Act is abridged from having his bargain he shall be relieved therein by the Chancellor and other Officers of the said Court or any three of them whereof the Chancellor is to be one and if any other hath taken the Wood he shall make satisfaction for the same to the party grieved XXV Grants to other persons by such Religious persons with the Kings consent and licence under the great Seal shall be good Howbeit here the right of others is saved XXVI A confirmation of the Kings exchanges and purchases since the fourth of February 27 H. 8. Howbeit here also the right of all persons but the exchangees and bargainees is saved rents-service rents-seck and other services excepted XXVII The Kings Letters Patents of Lands or other hereditaments granted since the fourth of February 27 H. 8. and within three years after the making of this Act shall be sufficient notwithstanding mis-recital non-recital mis-nosmer cause consideration or thing material to the
contrary Here also the right of all others save of the King and the Governours and Governesses is saved XXVIII Such Lands Parsonages appropriate c. belonging to the said Religious houses as before their coming into the Kings hands or dissolution were discharged of Tithes shall so continue XXIX All rents services and other duties are saved to the King notwithstanding this Act. XXX Such Monasteries c. As were heretofore exempt from the jurisdiction of the Ordinary shall from henceforth be within the jurisdiction and visitation of the Ordinaries in whose Diocess they shall be scituate XXXI The grant of the Abbey of Sipton in Suffolk is confirmed to the Duke of Norfolk and the Colledge or Chantery of Cobham in Kent to the Lord Cobham notwithstanding this Act The right of others being saved XXXII Stat. 37 H. 8.4 All Colledges Free-Chappels Chanteries Hospitals Fraternities Brother-hoods Guilds and other promotions made to have continuance for ever and chargeable with first-fruits and tenths and also all the Mansion-houses mannors lands tenements hereditaments rights members and appurtenances unto them belonging which between the fourth of February 27 H. 8. and the 25 of December the 37 H. 8. were dissolved relinquished or otherwise extinct other then such of them as now are or were in the Kings possession and have been granted by the Kings Licence or recovered by a former right or title shall be adjudged in the actual possession of the King and of his heirs and successors in as large manner â—s the Governours Incumbents Patrons Donors or Founders of them or any of them have since the said fourth of February 27 H. 8. injoyed the same or do now injoy them XXXIII All Covenants Bonds and Grants of any Rent or Annuity made to any Chantery Priest or other having any of the said promotions in consideration of any bargain grant or other assurance of the said promotions or any part thereof shall be void XXXIV Every person being in life which for any sum of money hath sold any of the said promotions shall repay upon request unto the Bargainee his Executors or Assigns the money so received And for non-payment thereof the said Bargainee shall maintain an Action of debt against them that so sold the same unto the said Bargainee or his testator in which Action no essoine c. shall be allowed XXXV All gifts grants surrenders and other assurances made to the King of any of the said promotions between the said fourth of February and the 25 of December shall be good against the bargainors their successors and assigns and also against their Founders Donors and Patrons heirs and successors XXXVI All Letters Patents made by the King of any of the said promotions or any part thereof and all assurances thereof made with the Kings assent by any having such promotions shall be good against the grantors their heirs and successors and against their Founders Donors and Patrons their heirs and successors XXXVII The King during his life may direct Commissions by warrant to be signed by his own hand to such persons as he shall think fit giving them power to enter into so many of the said promotions chargeable with first-fruits and tenths as shall be expressed in such several Commissions and to seize and take the same into the Kings possession to have and hold the same to him his heirs and successors XXXVIII The Commissioners or any two of them may enquire into any part in the name of the whole and by such theiâ— ter and seisure albeit the Lands be in several mens occupations or lie in several Counties the King shall be adjudged in the actual possession thereof without any inquisition office or other entry XXXIX The Commissioners or any two of them after such seisure made shall certifie and return every such Commission making mention in writing of their doing therein according to the words and authority thereby given them XL. All such Chanteries and other promotions aforesaid seised and to be seised as aforesain shall be within the order and survey of the Court of Augmentations and all suits tending to the detriment of the Mannors lands and other hereditaments belonging to them shall be also heard and determined in that Court Howbeit suits between party and party concerning the said Mannors Lands c. shall be heard and determined by the Common Law and Statutes of this Realm and not in the said Court XLI All Assurances made of any Inheritance or Free-hold without the Kings assent by any Chantery Priest or other Governour having any of the said promotions being not made to the King shall be void as well against the King as against the successor of such Chantery Priest or other Governour XLII The right of others is saved other then the Governors and their Founders Patrons or Donors their heirs and successors and other then such persons their heirs successors and assigns as claim any free-hold or inheritance by conveyance from any such Governor without the Kings assent thereunto XLIII If any such Governour within one year before the 23. of Novemb. in the 27 H. 8. hath made or shall hereafter make any lease for life or years of any such promotion or any part thereof which was not for the most part of twenty years before such lease let to farm but in their own occupation Or within the said time hath made or shall hereafter make any such lease in reversion the old lease not being then expired Or within the said time hath made or shall hereafter make any such lease without reserving the accustomed yearly rent paid for the same twenty years next before the said 23. of November Or have made any Wood sale the Woods being yet standing that then every such lease and grant shall be void XLIV This Act shall not extend to any Lands or other Hereditaments whereof such Governors now are or hereafter shall be seised or possessed to their own use nor united nor annexed to their promotions nor to Lands or Pensions granted or to be granted by the King unto such Governors for life only under the Great Seal or the Seal of the Augmentations XLV The Governors from whom the King by force of this Act taketh any Lands c. shall be proportionably abated for the same in their Tenths and First-fruits XLVI Every person having any Annuity or rent issuing out of any such promotion shall still enjoy them notwithstanding this Act Also he that hath bought and paid for any wood shall have his money again or the same wood XLVII All payments for the First-fruits hapning after such seisure as aforesaid are discharged XLVIII All Rents Services Issues and Profits payable out of such promotions into the Exchequer shall be still continued notwithstanding this Act. XLIX Stat. 1 E. 6.14 All Colledges Free Chappels and Chanteries in esse within five years before the first day of this Parliament which were not in the actual and real possession of the late King nor of E. 6. nor excepted in
the cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be
directed into VVales by the Chancellor of England or any of the Kings Council as heretofore hath been used notwithstanding this Act. CXLI The Town of Bewdley in the Parish of Ribsford in Com. Wigorn. is made parcel of the County of VVigorn and united to the Hundred of Dodingtree in that County saving to the Burgess and Inhabitants of Bewdley their ancient Liberties and Franchises CXLII Llanstiffan Usterloys and Langham with their members are united to the County of Caermarthen and made parcel of the Hundred of Derries in that County CXLIII The Shire-Court of the County of Radnor shall be holden one time at New Radnor and another time at Preston alternis vicibus and never at Rather Goway notwithstanding the Statute of 27 H. 8.26 CXLIV The Kings Farmer of the Subsidy and Aulnage of woollen Cloaths in the County of Monmouth and the other twelve Counties of VVales shall take for sealing such cloths as followeth viz. for every whole piece of Frise 1 d. a half piece ob a piece of cotton or lining 24 yards and under ob a piece of the same above 24 yards 1 d. a broad cloth 1 d. a piece of Kersey 18 yards or above 1 d. and for a piece of Kersey under 18 yards ob Howbeit this shall not extend to cloath made in private houses and not put to sale but to their servants CXLV The Aulnager in Wales shall be bound and subject to the Laws and Customs of England in like case provided CXLVI The Town of Haverford-west is made a County of it self whose Justice shall be the Justice of the County of Pembroke and the judicial seal of Pembrokeshire shall be also used there with divers other priviledges for which see the Statute at large Howbeit this Article was but to continue in force during the Kings pleasure CXLVII This Act shall not be prejudicial to any mans Inheritance nor to any of the Kings Officers for their Offices or Fees CXLVIII No Land in VVales shall be Gavelkind but discendable according to the course of the Common Law CXLIX All Liberties of the Dutchy of Lancaster shall continue as they were before the making of this Act. CL. Stat. 1 2. P. M. 15. As well Spiritual Lords Marchers and their Successors as the heirs and successors of Temporal Lords Marchers now being or which shall hereafter be Lords Marchers of Lordships Royal in Wales shall have and enjoy the one half of every forfeiture of every common mainprise recognizance for the year or apparence forfeited by their Tenants inhabiting within any of their Lordships Marchers or Lordships Royal to be paid the same by the Sheriff of the County for the time being as the Lay or Temporal Lords Marchers have or ought to have been paid the same by force of the Statute of 27 H. 8.26 And also all such mises profits and liberties as the Lords Marchers Spiritual and Temporal have resdectively used in time past to enjoy before the making of the said Statute CLI Stat. 18 El. 8. The Queen and her Heirs and Successors may at her and their pleasure name and appoint two or more persons learned in the Law to the Justices in each of the Circuits in VVales which had but one Justice before or may grant Commissions of Association to such person or persons to be associate to the Justice or Justices of the said Circuits who shall have like authority and power as the one Justice had by the Statute of 34 35 H. 8.26 CLII. Stat. 27 El. 9. All Fines and Recoveries taken or suffered in the Courts of Assizes or Sessions of the 12 Shires of Wales the Town and County of Haver-ford-west and the Counties Palatines of Chester Lancaster and Durâ—smâ— and in every of them and all Writs Returns Warrants and other proceedings concerning the same now remaining or which hereafter shall remain in the said Courts or Sessions or in any of them or in the custody of any of the Officers there may upon the request and at the election of any person be inrolled in Rolls of Parchments by such persons and for such considerations as are hereafter expressed and such Inrolments shall be as good in force of Law for so much as shall be so inrolled as the same so remaining are or ought to be CLIII No Fines Proclamations or Recoveries there shall be reversable by Writ of Errour for false-Latine rasure interlining mis-entring of any Warrant of Attorney or of any Proclamation mis-returning or not returning of the Sheriff or other want of form in words and not in matter of substance CLIV. The person there that shall hereafter take the acknowledgment of any Fine or any Warrant of Attorney of any Tenant of vouchee for suffering any Recovery or shall certifie them or any of them shall with the certificate of the Concord or Warrant of Attorney certifie also the day and year wherein the same was acknowledged but shall not be inforced to certifie them except within the year next after they were taken And no Clerk or Officer there shall receive any Writ of Covenant Writ of Entry or other Writ whereupon any Fine or Recovery is to pass unless the day of acknowledgment thereof shall appear by such certificate in pain of 40 s. CLV No Attornment upon any fine there shall be entred upon Record except the party mentioned to attorn have first appeared in Court in person or by Attorney warranted by the hand of one of the Justices of the same Court upon any Writ of Quid juris clamat quem redditum reddit or per quae servitia as the cause requireth And every attornment otherwise entred shall be void without Writ of Error or other means to avoid it CLVI There shall be in the said places an Office of Inrolments trected to continue for ever for the inrolling of Fines and Recoveries as aforesaid and the Justices there shall within their several limits enjoy the said Office and the disposition thereof and carefully see to the execution of the same by the due examination of such enrolments and for their pains and care therein shall have certain fees allowed them For which see the Statute at large CLVII Unto every Roll by any Justice so examined he is to subscribe his hand in pain of 40 s. and any of the said Justices may take order in all things needful for the said Inrolment and upon examination may in the said Courts assess such fines and amerciaments on any Clerk Sheriff Attorney or other person for misprision contempt or negligence in any thing concerning such fines and recoveries as to them or any one of them shall seem meet Which fines and amerciaments shall be estreated as others use to be out of the said Courts CLVIII The exemplification of any such Record of any fine or recovery thereof or any part thereof in the said 12 Shires of Wales and the Town of Haverford-west under the judicial Seal or in the said Counties Palatine under the Seal of the respective County Palatine shall