shall not give liberty to any Badger c. to buy Grain out of open Fair or Market to sell again unless there be special words in his license to warrant the same in pain to forfeit for every time so offending 5 l. V. These forfeitures are to be divided betwixt the Queen and the prosecutor VI. The Queen's moiety shall be estreated according to the usual manner and the prosecutor's levied by Fiery facias or Capias but when the suit is wholly the Queen's the whole shall be estreated for her use VII Justices of Peace have power to hear and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make process thereupon VIII This Act shall not restrain Purveyors of Cities and Towns Corporate neither yet the inhabitants of the Counties of Westmorland Cumberland Lancaster Chester and York ☞ IX Stat. 13 Eliz. 13. For the increase of tillage and the maintenance of the Navy and Mariners the Lords Presidents and the Councils in the North and VVales Justices of Assise in their Circuits and Justices of Peace in their Sessions have power to license or prohibit the transportation of Grain at their discretions Provided their order be first approved by the Queen or her Council which also may be countermanded by the Queen's Proclamation if there be cause for it X. Stat. 3 Car. 4. Corn may be transported to the Kinâ—â— Allies when Wheat is sold for 32 s. Rie for 29 s. Beans for 10 s. and Barley or Malt for 16 s. the quarter or under See Title Trade num 1. ☞ Coroner I. West 1.10 3 E. 1. Sufficient men of the most wise and discreet Knights shall be chosen in all Counties for Coroners II. The Sheriffs shall have counterparts with the Coroners of all things which concern their Office III. They shall take nothing of any man to doe their office in pain of great forfeiture to the King IV. Stat. 4 E. 1. Officium Coronatoris See the Statute at large V. Stat. De Exonia de inquisitione super Coronatores 14 E. 1. See the Statute at large together with the Articles thereunto annexed VI. Stat. 14 E. 3.8 A Coroner shall have sufficient in the County whereof to answer all people VII Stat. 28 E. 3.6 Coroners shall be chosen in the full Counties of the most convenient and lawful men saving unto the King and other Lords that may make Coroners their Franchises VIII Stat. 1 H. 8.7 Where one is slain by misadventure the Coroner shall execute his office without fee in pain of 40 s. IX Justices of Assise and Peace have power to inquire of and punish the defaults and extortions of Coroners Corporation I. Stat. 19 H. 7.7 Corporations shall not make or execute any Ordinances in diminution of the prerogative of the King or of other or against common profit except approved by the Chancellor Treasurer and the chief Justices or three of them or by the Justices of Assise in pain of 40 l. II. They shall make no Ordinance to restrain suits in the King's Court upon the like pain of 40 l. III. Stat. 22 H. 8.4 They shall take but 2 s. 6. d. for the first entry of an Apprentice and 3 s. 4 d. for his entry of Freedom in pain of 40 l. to be divided betwixt the King and the prosecutor IV. Stat. 28 H. 8.5 No Corporation shall by oath or bond restrain any Apprentice or Journey-man from keeping Shop or take money of them for their freedom or the occupying of their profession otherwise then as is limited by 22 H. 8.4 in pain of 40 l. to be divided as aforesaid V. Stat. 33 H. 8.27 In Acts to be done by Corporations the consent of the greater part shall binde and the Oath taken by them to the contrary shall not be observed VI. No person shall hereafter give any such oath in pain of 5 l. to be divided betwixt the King and the prosecutor VII Stat. 13 Car. 2. ca. 1. An Act impowering the King to issue Commissions for governing and regulating Corporations Exp. 25 March 1663. Corpus cum causa Certiorari Habeas Corpus Supersedeas I. Stat. 2 H. 5. Stat. 1.2 If a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an execution at another man's suit he shall be remanded II. Stat. 43 El. 5. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered unto the Judge or Officer of the Court before the Jury appear and one of them be sworn III. Stat. 21 Jac. 8. Process of the Peace and good behaviour shall not issue out of the Chancery or King's Bench but upon motion in open Court and good cause shewed upon oath which shall also be indorsed upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison until he pay the party grieved all his costs and dammages IV. All Writs of Supersedeas shall be void unless such process be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appear to the Court upon oath to be Subsidy-men assessed at 5 l. lands or 10 l. goods and also unless the prosecution against the party for the peace or good behaviour be bonâ fide and here false sureties procured for the gaining of such Writs shall be punished by the Judges V. Certioraries shall not be allowed unless the indicted will become bound with sufficient sureties such as the Justices of Peace in Sess shall like of to pay to the prosecutor within one moneth after conviction such costs and dammages as the said Justices shall assess VI. Stat. 21 Jac. 23. No Writ to remove a suit commenced in an inferiour Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joyned so as such issue or demurrer be not joyned within six weeks after the arrest or appearance of the Defendant VII An Action or suit once remanded shall never afterwards be again removed VIII When the thing in demand exceedeth not 5 l. the suit shall not be removed by any Writ save onely by Writs of Error or attaint IX This Act shall onely extend to Courts of Record where an Utter-barister of 3 years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Council in any Action there depending X. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Cousenage Ayel and Besayel I. West 2.26 13 E. 3. In Writs of Cousenage Ayel and Besayel the tenant's answer that the Plaintiff is not next heir of the same Ancestor by whose death he demandeth his land shall be admitted and inquired and according to the same inquisition the Justices shall proceed to judgment ☞ Cottages * I. Stat.
of Rug and wash kersie made of wool as it comes from the Sheep back and from the Weavers loom shall weigh 17 pounds at least and shall contain in length betwixt 15 and 16 yards yard and inch of the Rule CCXXI The Weaver that weaves or makes any of the said clothes of less weight or length shall forfeit for every quarter of a pound or quarter of a yard wanting 12 pence And they shall be sewantly woven throughout of well and like sorted yarn except the lists CCXXII The Weaver shall weave in his mark at one end of the Kersey of some coloured yarn and also at each end purrel and shall not desceitfully mingle his yarn in pain of 10 s. CCXXIII. None shall put to sale any such raw Kersies before they be viewed weighed and marked in pain of 10 s. for every cloth to be divided betwixt the King and the Head-officer where the offence is committed CCXXIV. Searchers and sealers of such Kersies shall be yearly appointed by the Head-officer of the place where they are made who shall be sworn and have power to enter into any house in the day-time to make search accordingly and shall have a farthing for every kersie they mark CCXXV. If the searchers and sealers be not yearly appointed or do neglect their duties or offend in their office the head-officer shall forfeit for every such offence 20 s. and for every marketday there are not two or one searcher at least 40 s. CCXXVI No Kersey shall be sold or dressed before it be tried and marked in pain to forfeit the same CCXXVII None shall diminish the length of any such kersey in pain of twenty shillings CCXXVIII The forfeitures aforesaid not before limited shall be divided betwixt the King and the prosecutor ☞ CCXXIX Stat. 39 El. 11. A Justice of Peace of the county or Head officer of a corporation being also a Justice of Peace there have power to call before them and examine the servants of persons suspected to use Log-wood in Dying and if they shall find cause to bind over to the next quarter-quarter-sessions both the evidence and party offending and upon the Delinquents refusal to be bound shall commit him to prison till he find sureties they shall also certifie in at the same session the examinations by them taken where if the party offending be convicted he shall suffer the pillory and forfeit 20 l. to be divided betwixt the Queen and the prosecutor * CCXXX Stat. 39 El. 14. No cards for wooll shall be brought into this Realme or Wales to be fold in pain to forfeit them or the value thereof to be divided betwixt the Queen and the prosecutor CCXXXI Stat. 39 El. 20. None shall stretch or strain any clothes made on the North-side of Trent in pain of 5 l. nor use any engine to that purpose in pain of 20 l. CCXXXII Northen clothes shall be made such weight length breadth as by former Statutes are provided upon the pains in the same Statutes contained CCXXXIII A Seal of Lead shall be set to every Northern cloth expressing the length and weight thereof in pain to forfeit the same And here the offendors shall also forfeit for every yard that it wants of due length 4 s. And for every pound that it wants of due weight 2 s. CCXXXIV Overseers shall be appointed and sworn in the county by two Justices of Peace and in corporations by the head-officer calling to him the next Justice of Peace to make search once a moneth at least for defects in Northen clothes and if they shall find any stretched strained or sealed with any false seal they shall make presentment thereof at the next quarter-sessions and here he that deceives or with-holds any faulty clothes shall for the first offence forfeit 10 l. for the second 20 l. and for the third being thereof lawfully convicted by verdict or two witnesses shall suffer the Pillory CCXXXV The Overseer that refuseth to appear or to undertake that office shall forfeit 5 l. to be divided betwixt the Queen and the Officers that made him Overseer CCXXXVI The Overseers shall fix a seal of lead to such clothes expressing the length and breadth of the same together with the word searched which shall exempt them to be search elsewhere CCXXXVII If any save the said Overseers set or take away Seal to or from the said clothes without warrant they shall forfeit to the Queen for the first offence 10 l. And for the second being thereof lawfully convicted by verdict or two witnesses 20 l. And besides suffer the Pillory ☞ CCXXXVIII Justices of Peace Head-constables and Overseers shall search and seize ropes winches and other engins used for the unlawfull stretching of Northern clothes and none shall withstand them upon the forfeitures above mentioned for resisting the Overseers CCXXXIX The Justice that shall be found negligent in the due execution of this Act shall forfeit 5 l. And this and all other forfeitures of this Act shall be divided into three parts whereof the Queen is to have one the Informer another and the poor of the place where the offence is committed the third See the clauses following CCXL Justices of Peace have power to hear and determine these offences in their Sessions and Justices of Assizes to convict the Justices of Peace that are negligent upon proof of two witnesses But upon neglect of justice by the said Justices of Peace and Justices of Assizes the abovesaid penalties are recoverable in any other Court of Justice and in that case the one half thereof shall go to the Queen and the other to the informer CCXLI. The owner of Morthern clothes brought up to be sold in London shall cause them to be brought to Blackwell-hall to be searched drie without wetting in pain of 40 s. But here the searcher shall not make his search at such times when it may be a hindrance to the owners market in pain of 5 l. These penalties are likewise given to the Queen and the informer * CCLII Stat. 43 El. 10. None shall put any hair flocks thrum yarn made of lambs wooll or any other deceivable thing in Broad cloth Kersie Frize Dozen Penystone Cotton Taunton cloth Bridgewater or Dunster Cotton which Dunster Cotton shall be taken to be of like weight length and breadth as Taunton and Bridgewater cloth in pain to forfeit such cloth kersie c. And none shall buy or procure any such deceivable thing for that intent in pain to forfeit the same CCXLIII None shall use any Engine to stretch the said Cloths or Rugs unwrought in length or breadth in pain of 20 l. to be divided between the Queen and the prosecutor CCXLIV None shall set any wrought woollen cloth upon any tentor or other Engine to stretch the same otherwise then as followeth viz. the whole broad cloth one yard in length and one half quarter in breadth the Kersie Cotten c. one half yard in length and one nail in breadth in
ever after taken as a man infamous and not to be credited ☞ II. Justices of Assize Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences But quaere whether this branch of this Statute be not repealed by the general words of 5 El. 4 following * III. Stat. 5 El. 4. So much of all Statutes made and every branch thereof as touch or concern the hiring keeping departing working wages or order of Servants Workmen Artificers Apprentices and Labourers or any of them and the penalties and forfeitures concerning the same are repealed Howbeit the said Statutes and every branch and matter therein contained not repealed by this Act shall remain in force IV. None shall hire or be hired for less then one whole year in the Arts of Clothier Woollen Weaver Tucker Fuller Clothworker Sheer-man Dier Hosier Taylor Shoo-maker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Capper Hat or Felt-maker Fletcher Arrowhead-maker Butcher Cook Miller ☞ V. Every person unmarried or under the age of 30 years though married having been brought up in any of the Arts above-said by the space of 3 years and not worth in lands 40 s. per annum or in goods 10 l. and so allowed under the hands and seals of 2 Justices of Peace the Head-officer or two discreet Burgesses of the Place where the party so brought up hath lived by the space of one whole year not already retained in Husbandry the Arts abovesaid or any other Art or Mystery or in any service upon requests of any person using the same Art shall not refuse to serve for the wages limited by the Statute and being so retained shall not depart from his or their service without one Quarter's warning before 2 lawful witnesses or some lawful cause to be proved before one Justice of Peace or Head-officer in pain of imprisonment without bail but upon submission to perform the service they shall be inlarged without fees which commitment and inlargement two Justices of Peace the Head-officer or 2 Burgesses as aforesaid unto whom complaint shall be made have power to command as in their disretions and upon due proof shall be thought fit VI. Every person between the ages of 12 and 60 not already retained in any service nor imployed about Husbandry Mines Glass Coal Fishing Sailing provision of Grain or Meal for London nor Gentleman born nor Scholar in any University or School nor worth 40 s. per annum in lands or 10 l. in goods not having a Father Mother or other Ancestor whose heir he is worth 10 l. per annum in lands or 40 l. in goods shall be compelled to serve in Husbandry and shall not depart that service otherwise then as is before limited upon pain above expressed VII None shall put away his servant before the end of his term without a Quarters warning or some lawful cause to be proved by 2 sufficient witnesses before the Justices of Oyer and Terminer Justices of Assize Justices of Peace in Sessions a Head-officer or 2 discreet Alder-men or Burgesses in pain of 40 s. VIII No servant having served in one City or Town shall get to serve in another without a Testimonial viz. in a Town Corporate under the Seals of the Town and 2 housholders there and in the Country under the Seals of the Constable or Constables and 2 housholders there which testimonial shall be made and delivered to the party and also registred by the Minister of the place where the servant dwelt for which the Master is to have 2 d. IX The form of the testimonial is this Memorandum that A.B. servant to C.D. of I. in the County of E. Husbandman or Taylor c. in the said County is licensed to depart from his said Master and is at his liberty to serve elsewhere according to the Statute in that case made and provided In witness c. X. The servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Minister or some Officer in any other place where he is to dwell shall suffer imprisonment till he procure one and if he produce not one within 21 days after his Imprisonment or shew a false one he shall be punished by whipping as a vagabond and the Master that retains a servant without such a Testimonial shall forfeit 5 l. XI Those that work by the day or week shall continue at work betwixt the middle of March and the middle of September from 5 in the morning till betwixt 7 and 8 at night except two hours allowed for breakfast dinner and drinking and half an hour for sleeping from the midst of May to the middle of August and all the rest of the year from twilight to twilight except an hour and an half allowed for breakfast and dinner in pain to have one penny defaulked out of their wages for every hours absence XII None that takes work by great shall leave the same before it be quite finished except for not payment of his wages the Queen's service licence of the Work-master or other lawful cause in pain to suffer one moneths imprisonment without bail and to forfeit 5 l. to the party grieved besides his costs and dammages to be recovered at the common Law for the loss sustained XIII None retained in service to work shall depart without licence in pain of one moneth 's imprisonment XIV Such wages of Labourers Artificers and others as have been formerly rated or concern husbandry shall be yearly assessed for the County by the Sheriff and Justices of Peace in Sessions and in Corporations by the Head-officer at their Easter-Sessions or within 6 weeks after and before the 12 of July following shall be certified under their hands and seals in the Chancery whereupon the Lord Chancellor or Keeper shall send down printed Proclamations thereof into every Country and Corporation before the first of Septemb. then next following which the said Sheriffs Justices and Head-officer shall before Michaelmas after cause to be inrolled and proclaimed But here when the old rates shall be certified to stand no Proclamation is needful XV. A Justice of Peace or chief Officer which shall be absent at the taxing of wages being not letted by sickness or some other reasonable cause to be allowed by the Justices upon Affidavit shall forfeit 10 l. XVI None shall give greater wages then those so rated as aforesaid in pain of 5 l. and 10 days imprisonment without bail and if any person shall be convicted before two Justices of Peace or a Head-officer of taking more wages he shall suffer 21 days imprisonment without bail XVII Every retainer promise gift or payment of wages or other thing contrary to the true meaning of this Act and every writing and bond to be made for that purpose shall be void XVIII If any servant or other shall be convicted before 2 Justices of Peace or a chief Officer as aforesaid by
six weeks after conviction shall suffer instead thereof three months imprisonment without bail for the second time offending shall forfeit 20 l. or that not paid within six weeks as aforesaid shall suffer six months imprisonment without bail and the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Terminer and Justices of Assize have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such Tongues as they understand the holy Communion only excepted or any other to use Psalms or Prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assize or Sessions of Oyer and Terminer after they are committed And here tryal of Deers shall be by Peers XII Chief Officers of Cities and Corporations shall also hear and determine these offences within their several Precincts and so likewise shall Ecclesiastical Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5. 6 E. 6.1 Every person shall resort to his Parish-Church or Chappel or upon just let to go to some other every Sunday and Holiday in pain to be punished by the Censure of the Church XIV The Common-Prayer-Book now made perfect and annexed to this Act together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2. 3 E. 6.1 is ordained under the pains in that Statute expressed XV. If any shall be convicted by Verdict of twelve men before Justices of Assize Oyer Terminer or Peace in Sessions to have wittingly heard or have been present at any other form of Common-Prayer Administration of Sacraments making of Ministers or other rites then what are expressed in the said Book or which are contrary to the said Statute of 2. and 3 E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturb a Preaches lawfully licensed he shall be by the Constables or Churchwardens of the Parish brought before a Justice of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Goal there to remain for three months and from thence to the next quarter-Quarter-Sessions at which upon the parties reconciliation and entring into Bond for good behaviour for one whole year at the discretion of the Justices in Sessions he shall be released but if he persist still in his obstinacy he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII He that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit 5 l. to the Queen XVIII The Inhabitants of a Town that suffer such an offender to escape shall forfeit 5 l. being presented before the Justices of Peace in Sessions within the County or Corporation where the escape was made XIX Justices of Peace Assize and Oyer and Terminer and Mayor and Head-officers of Corporations have power to hear and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiastical Laws Howbeit none shall be punished here for one offence XXI Stat. 1 El. 1. Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by 5. 6 E. 6.1 together with the addition of certain Lessons to be used on every Sunday in the year and the form of the Letany altered and corrected and two Sentences only added in the delivery of Sacrament to Communicants XXII If any Minister shall be convicted by the Verdict of twelve men his own confession or notorious evidence of the fact to have refused to use the Church-Service or to have used any other rite Ceremony Order Form or manner then is set forth in the said Book or to have depraved the same Book or any thing therein contained he shall forfeit being a Beneficed man fon the first offence one whole years profit of all his Spiritual promotions and suffer fix months imprisonment for the second shall be deprived ipso facto whereupon every Patron may present and shall suffer one whole years imprisonment And for the third shall be also deprived as aforesaid and suffer imprisonment during life And if he be not Beneficed for the first offence he shall suffer one whole years Imprisonment and for the second imprisonment duâ—ng life XXIII If any shall be convicted to have by Enterludes Playes Songs Rhymes or otherwise depraved the said Book or to have compelled or procured the Minister to sing or say any other Church-Service or in any other form then as aforesaid or by any such means have interrupted or let the Minister to sing or say the said Service they shall for the first offence forfeit 100 Marks to the Queen or that not paid within six weeks after conviction shall suffer instead thereof six months imprisonment for the second offence shall forfeit 400 Marks or that not paid within six weeks as aforesaid shall suffer one whole years imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their Parish Church or upon let thereof to some other every Sunday and holiday upon pain to be punished by censures of the Church and also to forfeit 12 d. to be levied by the Churchwardens there for the use of the poor upon the offenders goods by way of distress XXV Justices of Oyer and Terminer and of Assize and Mayors and Head-officers of Corporations have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please howbeit Note that by the Statute of 23 El. 1. Justices of Peace have also power to meddle therein which see in title Crown XXVI None shall be impeached by this Act unless the offence be presented at the next Sessions of Oyer and Terminer or Assize after it is committed and here tryal of a Peer shall be by Peers XXVII This Act shall not restrain Ecclesiastical Jurisdiction howbeit none shall be punished twice for one offence XXVIII Such Ornaments and Ministers of the Church shall be retained as were to be in the Church of England by the Statute of 2. 3 El. 6.1 untill the Queen shall take other order by the advice of Commissioners by her to be appointed under the Great Seal or by the advice of the Metropolitan of this Realm XXIX If any contempt or irreverence be used in the
need be assemble and meet together for the better execution of this Statute and some four or five dayes before their meeting shall by warrant command the Constables and Tything-men of every Hundred Town and Hamlet being assisted with other sufficient men to make a general privy search in one night within their several Precincts for the finding and apprehending of Rogues c. and such as shall be found to bring them to the said meeting to be examined punished or sent to the house or houses of correction there to be set to work XXIX The said Constables and Tything-men shall appear at the said meeting and there give an accompt upon oath in writing under the Masters hand testifying the Rogues c. they have taken in the last search or since the last meeting and how many have been punished or otherwise sent to the house of Correction Which if they neglect to do or safely to convey such to the house of Cortection as by the said Justices Warrant shall be committed thither they shall incur what fine the said Justices shall please to set upon them so it exceed not 40 s. XXX The Governors of the Houses of Correction shall have such a sum of mony yearly as shall be thought fit by the more part of the Justices of Peace in Sessions the same to be paid quarterly before-hand by the Treasurers of the County the Governors giving security for their continuance in the said service XXXI If any lewd woman have a Bastard which may be chargeable to the Parish the Justices of Peace shall commit her to the house of Correction there to be punished and set to worke one whole year And if she offend again then is she to be committed again there to remain till she put in good sureties for the good behaviour and not to offend so again XXXII Persons running away and leaving their charge to the Parish shall be deemed and punished as incorrigible Rogues And those that threaten so to do it being proved by two witnesses upon oath before two Justices of Peace of the same division shall be by the same Justices sent to the house of Correction there to be punished as sturdy Rogues unless they put in sufficient Suteties to discharge the Town and not to be delivered but at such a meeting as aforesaid or in open Sessions XXXIII If the Governors shall not every Quarter-Sessions yield to the said Justices a true account of all such persons as shall be committed to their custody or if they suffer any within their charge to make escape or to be troublesom to the Country by going abroad or otherwise they shall incur what fine the same Justices in Sessions shall think fit to impose upon them XXXIV All Fines which shall accrue by this Act other then those already limited shall be paid to the Treasurers of the County and by them be accounted for XXXV See Title Poor Numb XLV and XLVI Vestry-men Vid. Religion Numb XXIII ☞ Victual Victuallers Inholders and Hostlers * I. Stat. 12 E. 26. No person in any City or Burrough which by reason of his Office ought to keep the Assizes of Wine and Victuals as long as he shall be attendant upon his office shall buy or sell Wines or Victuals in pain to forfeit the same to the Kings whereof the prosecutor shall have the third part of the King's gift * II. Stat. 23 E. 3.6 All Butchers Fishmongers Regrators Hostlers Brewers Bakers Poulterers and all other sellers of Victuals shall sell the same at reasonable prizes and for moderate gain in pain upon proof of the contrary before the Sheriff or the Kings Bailiffs or before the Constables of the place by the evidence of two true men to forfeit the double value thereof to the party damnified or in his default to him that will sue for the same And all Majors and Head-officers of Corporations have like power and upon neglect of their duty herein shall forfeit the treble value thereof to the party or prosecutor as aforesaid and besides shall incur a fine to the King to be imposed by the Justices to be assigned by the King * III. Stat. 31 E. 3.10 Every man that bringeth victual to London may freely sell the same without the interruption or impeachment of any IV. The Mayor and Aldermen of London may rule and redress the defaults of Fishmongers Butchers and Poulterers as they do of such as sell beer ale or wine notwithstanding any Franchise Statutes Custome or other priviledg to the contrary And they shall put the same in due execution upon the pain ordained by the Statute of 28 E. 3.10 which see in London * V. Stat. 6 R. 2. Stat. 1.9 No Victualler in London or any other City Burrough or Port of the Sea shall exercise any judicial office there and in case any be chosen in the places aforesaid in such office he shall forbear to use victualling during the time he exerciseth such office in pain to forfeit the victuals sold VI. Stat. 6 R. 2.10 Aliens being in amity with the King and Realm may bring in victual and sell the same in gross or by retail without the impeachment of any See Stat. 11 R. 2.7 1 H. 4.17 14 H. 6.6 * VII Stat. 7 R. 2.11 All Vintners and Victuallers as well Fishmongers as other comming with their victuals to London shall be under the governance of the Mayor and Aldermen of that City as hath been heretofore used * VIII Stat. 13 R. 2.8 Victuallers shall sell their victuals at such reasonable prizes as shall be set down by the Justices of Peace in two of their Sessions to be holden betwixt Easter and Michaelmas in pain to be punished at the discretion of the said Justices where no pain is already limited in certain IX And here Sheriffs Stewards Mayors Bailiffs and all others which have power to keep Assize of Bread and Ale shall take no fine or Amerciament for any default touching the Assize for which the offender ought by Law to have bodily punishment * X. Stat. 23 H. 6.13 Justices of Peace shall twice every year cause all Statutes concerning Victuallers before this time made to be openly proclaimed in Sessions * XI Stat. 12 E. 4.8 No person other then Mayors Bailiffs Lords of Leets or others in point of Charter shall execute any office of searching or surveying of Wine Ale Beer or any other â—â—tual or of the correction of breaking the Assize thereof in pain 〈◊〉 forfeit 40 l. to be divided betwixt the King and the prosecutor And all Letters Pattents of the King granted for that purpose shall be void * XII Stat. 3 H. 8.8 When a Victualler in a City or Corporation is chosen to bear an Office by reason whereof he ought also to have the Assizing of victual during that time two other being no victuallers shall be joyned and sworn with him truly to assess and set prizes and assizes of victual there and they shall be sold accordingly but here the Officers
upon such refusal which Jury may upon evidence indict the party refusing as well as if the indictment were preferred in the proper county XXV If any refuse to take this Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both cases both they and their accessaries shall suffer as in case of High Treason But here there shall be no corruption of bloud disheriting of any heir forfeiture of Dower or prejudice to the right of any save onely of the offender during his life and then the party next in reversion or remainder may enter without any Oustreâ—le main to be sued Here also none shall be deemed an accessary for giving of alms in charity to the offender without fraud XXVI This Oath shall be expounded in such form as is set forth in an admonition annexed to the Queen's Injunctions published in the first year of her reign viz. to acknowledge in her Majesty her heirs and successors such authority as was challenged and used by H. 8. and E. 6. and none other XXVII This Act shall be published every Quarter-sessions by the Clerk of the Peace and at every Leet by the Steward there and once every Term in the open hall of every Inns of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XXVIII Every member of the Commons House before he shall have a voice there shall take this Oath before the Lord Steward or his Deputy and if he enter the House before he take it he shall incurre such penalties as he who presumes to sit there without election return or authority XXIX None of or above the degree of a Baron shall be compelled to take this Oath and a Peer offending this Act shall be tried by his Peers XXX Provided that none shall be compellable to take this Oath upon a second tender or be in danger by refusal thereof to incurre the penalty of High Treason save onely Clergie-men Officers of Ecclesiastical Courts or such as shall not observe the rites of Divine service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or hear private Mass XXXI It shall not be lawfull to slay one attainted in a Praemunire XXXII Saving the due execution of every person attainted upon judgment lawfully given by reason of this Statute or otherwise saving all such pains of death or other punishment as heretofore might without danger of Law be done upon any person that shall send or bring into the Queen's Dominions or within the same execute any process against any person from the Bishop or See of Rome XXXIII None shall be hereafter indicted as an accessary for any of the said offences without such sufficient proof as may satisfie the Jury that are to indict him * XXXIV Stat. 13 El. 2. If any shall obtain or put in ure any Bull of absolution or reconciliation from the Bishop of Rome or absolve or be absolved thereby they and their accessaries before the fact shall be adjudged guilty of High Treason XXXV The comforters and maintainers of such offenders shall incurre a Praemunire and their concealers misprision of Treason unless within six weeks they discover them to some of the Privie Council or to one of the Presidents or Vice-Presidents of the Councils established in the North or Marches of Wales XXXVI Provided no person shall be impeached of misprision of treason for any offence made treason by this Act other then such as are hereby declared to be in case of misprision of Treason XXXVII If any shall bring into any of the Queen's Dominions any Agnus Dei Crosses Pictures Beads or any such vain or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire Howbeit if the party unto whom tender thereof shall be made apprehend the party tendring the same and carry him before the next Justice of Peace or not being able so to do within three days after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of Peace within the same County or having received the same doth within one day after deliver it to some such Justice of Peace then shall he not incurre any Prejudice by reason of this Act. XXXVIII A Justice of Peace shall disclose the offences aforesaid to the Privy Council within fourteen days after he shall have notice thereof in pain of incurring a Praemunire XXXIX Here the trial of Peers shall be by their Peers XL. The right of others saved * XLI Stat. 23 El. 1. It shall be high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any within the Queen's Dominions from their natural obedience to her Majesty or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shall be willingly so withdrawn or reconciled as aforesaid together with the procurers and Counsellors of such offenders shall be adjudged guilty of the same offence ☞ XLII Also their aiders and maintainers who do not discover them within twenty days to some Justice of Peace or higher Officer shall be adjudged guilty of misprision of Treason XLIII None shall say or sing Masse in pain to forfeit 200 marks to suffer one year's imprisonment and not to be enlarged thence untill the fine be paid And none shall hear Masse in pain of one year's imprisonment and a hundred marks * XLIV Every person not repairing to Church according to the Statute of 1 El. 2. which see in Service and Sacraments shall forfeit 20 l. for every moneth they so make default and if they so forbear by the space of twelve months after certificate thereof made by the Ordinary into the King's Bench a Justice of Assize Gaol-delivery or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 l. at least to the good behaviour from which they shall not be released untill they shall repair to Church according to the said Statute XLV None shall keep a Schoolmaster which absents himself from Church or is not allowed by the Bishop or Ordinary in pain of 10 l. for every moneth he so keeps him and such Schoolmaster shall be for ever after disabled to teach youth and shall suffer one whole year's imprisonment without bail ☞ XLVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queen's reign touching the acknowledging of her supreme Government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realm shall be inquirable before Justices of Oyer and Terminer Assize Gaol-delivery and Peace in their Circuits
inferiour Officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or Head-Officer be committed to Prison without ball till he whip or cause to be whipped the party offending as is above limited IX No Justice of Peace shall execute this Statute for offences done to himself unless he be associated with one or more Justices of Peace whom the offence doth not concern X. Stat. 21 Jac. 16. pars inde In all Actions of Trespass Quare clausum fregit wherein the Defendant or Defendants shall disclaim in his or their Plea to make any Title to the land in which the trespass is by the declaration supposed to be done and the trespass be by negligence or unvoluntary the Defendant or Defendants shall be admitted to plead a disclaimer and that the Trespass was done by negligence or unvoluntary and a tender of offer of sufficient amends for such Trespass before the Action brought whereupon or upon some of which the Plaintiff or Plaintiffs shall be forced to joyn issue and if the said issue be found for the Defendant or Defendants or the Plaintiff or Plaintiffs be non-suited such Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions and all other suit concerning the same Triall I. Stat. 9 E. 3. Stat. 1. cap. 4. Whereas many be delayed in their Actions for that the Tenants or Defendants plead in Barr a release quit-claim or other special Deed made within a Franchise where the Kings Writ runneth not It is enacted That when such Deeds are shewed forth in Bar of an Action and bear date within a Franchise Albeit the witnesses named in the Deed be of the Franchise yet if the Deed be denied Process shall be awarded in the Court where the Plea depends to cause the Country and the witnesses to appear and if the witnesses come not at the great distresses returned notwithstanding such absence of the witnesses the Justices shall not let to proceed to the taking of the Enquest as well as if such Deed did bear date within the County where the Plea was moved and that the witnesses were of the same County II. Stat. 8 H. 6.29 The Statute of 28 E. 3.13 which see in Staple ordering that an Enquest shall be De medietate linguae where an Alien is party is confirmed And it is by this Act further declared that the Statute of 2 H. 5.3 which see in Jurors doth onely extend to Enquests taken between Denizen and Denizen so that an Alien may be put upon Enquests according to the Statute of 28 E. 3. albeit he have not lands of the yearly value of 40 s. III. Stat. 20 H. 6.9 Trial of Dutchesses Countesses and Baronesses for Treason or Felony shall be as of Noble-men Peers of the Realm and not otherwise notwithstanding the Statute of Magna Carta cap. 9. which mentioneth men only to be tried by their Peers See that Chapter of Mag. Cart. in Accusation IV. Stat. 4 H. 8.2 Pars inde Where a Murderer or Felon to delay his arraignment pleads that he was taken out of a priviledged place in a foreign County and if it be alledged by the Kings Attorney or some other in the Kings behalf that he was taken in the County where he is so to be arraigned they shall be tryed by the Enquest who are to try the Murder or Felony and before the same Justice and if it be found that he was taken in the same County such forreign plea shall do him no advantage or benefit V. Stat. 27 H. 8.4 Murders and Robberies committed by Pyrats upon the Sea or in any other place where the Admiral pretends jurisdiction shall be inquired into tryed heard and determined in such Counties and places within the Realm as shall be limited by the Kings Commission in like manner as if such offences were done at Land And such Commissions being under the Great Seal shall be directed to the Lord Admiral his Lieutenant or Deputy and to three or four such others as the Lord Chancellor shall name VI. The said Commissioners or three of them have power to inquire of such offences by twelve lawful men of the County so limited in their Commission as if such offences were done at Land within the same County and every Indictment so found and presented shall be good in Law And such Order Process Judgment and Execution shall be used had done and made thereupon as against offenders for Murder or Felony done at Land Also the trial of such offences if they be denied shall be had by twelve men of the County limited in the said Commission as aforesaid and no challenge shall be had for the Hundred And such as shall be convict of such offences shall suffer death without benefit of Clergy and forfeit lands and goods as in case of Felonies and Murders done at land VII This Act shall not prejudice any person or persons urged by necessity for taking Victuals Cables Ropes Anchors or Sails out of another Ship that may spare them so as they either pay ready money or money-worth for them or give a Bill for the payment thereof viz. if they be taken on this side the Straits of Moroâ—ke within four months but if beyond within twelve months VIII When any such Commission shall be sent to any place within the Jurisdiction of the Cinque-Ports it shall be directed to the Warden of the said Ports or his Deputy with three or four such other persons as the Lord Chanceller shall name And the Inquisition and Tryal of such offences there shall be made and had by the Inhabitants of the said Ports and the members of the same IX Stat 28 H. 8.15 This Act is verbatim the same with 27 H. 8.4 save only that it extends as well to Treasons and all other capital offences committed within the Admiral 's Jurisdiction as unto Felonies Robberies and Murders there done X. Stat. 33 H. 8.12 The manner of the Trial and punishment of Murder and Blood-shed within the Kings Court See the Statute at large XI Stat. 33 H. 8.23 If any person being examined before the Kings Council or any three of them upon any Treason misprision of treason or murder doth confess the same or by the said Council is vehemently suspected to be guilty thereof in this case the King shall direct Commission of Oâ—â—r and Terminer to such persons and into such County or place as he pleaseth for the speedy tryal conviction or deliverance of such offenders And here no challenge for the County or Hundred shall be allowed but a Juror may be challenged if he have not Freehold worth 40 s. per annum in this case also trial of a Peer shall be by his Peers XII Stat. 2 3. E. 6.24 Where any is feloniously stricken or poysoned in one County and dyeth of such stroke or poysoning in another County an Indictment thereof found by Jurors of the County where he dyes shall be as good in Law as if the stroke or
execution of this Law in pain of 5 l. and to be bound to the good behaviour VII None shall transport such a Rogue out of Ireland Scotland or the Isle of Maâ— being born in any of these places in pain to forfeit 20 s. to the use of the poor where he lands And if any then shall be hereafter found in England or Wales they shall suffer punishment and be conveyed the next way home as aforesaid or in case they came by Sea to the place where they landed from whence they are to be transported at the charge of that County to the place from whence they came VIII No impotent poor person shall pass to the Bath or Buxton without being licensed to pass by two Justices of Peace where they dwell and provided with relief both for their journey and abode there and shall also return within the time limited by their license in pain to be reputed and punished as Rogues and the City of Bath or Town of Buxton shall not be chargeable with any such IX Justices of Peace of the Counties shall not intermeddle in Cities or Corporations but only the Officers of the same who shall have like power there as the said Justices have in Counties X. This Act shall not extend to restrain the power which the City of London hath in the Government of Saint Thomas Hospital in Southwark or to prejudice any jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XI The forfeitures and fines which shall accrue by this Act other then that above otherwise limited shall be imployed for the maintenance of houses of Correction or the relief of the poor where the offence shall be committed at the discretion of the said Justices of Peace and may be levied by warrant under the hands and seals of two Justices of Peace by distress and sale of goods And here the confession of the offender or proof by two witnesses before two such Justices shall be sufficient conviction XII Two Justices of Peace one of Quorum shall have full power to hear and determine all causes which may come in question by reason of this Act. XIII The Lord Chancellor or Keeper for the time being shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of Correction stocks for poor or other such like uses XIV A Seafaring-man suffering shipwrack not having wherewithal to relieve himself and having a Testimonial under some Justice of Peace his hand and seal near the place where he landed declaring the time and place of his landing the place of his dwelling or birth unto which he is to pass and the time limited for his passage may in the direct way home and within the time so limited for his passage ask and receive necessary relief without incuring the penalties of this Act. XV. This Act shall not extend to children under seven years old nor to glass-men which travel without begging by licenses under the hands and seals of three Justices of Peace one Quorum of the County through which they travel XVI Stat. 39 El. 17. Wandring Souldiers and Mariners and all others wandring as Souldiers or Mariners which will not settle themselves to work or have not a Testimonial under the hand of some one Justice of Peace near the place of their landing setting down the place where they landed the place whither they are to pass and the time of their passage or having a Testimonial exceed the time therein limited above fourteen days or counterfeit Testimonial or produce one which they know to be counterfeit shall in all these cases suffer as Felons without benefit of Clergy XVII Justice of Assize Goal-delivery and of Peace in their Sessions have power to proceed against these offenders as in case of Felony without Clergy unless some sufficient man allowed by the Justices will enter into Recognisance of 10 l. to the Queen to retain the offender for one whole year and to bring him to the next Sessions of Peace and Goal-delivery after the year ended And if he within the year depart that service without license he shall afterwards suffer as a Felon without Clergy XVIII Souldiers and Mariners which fall sick in their passage home shall be excused though they exceed the time limited in their Testimonial so that they perform this Act in convenient time after their recovery XIX If when they come home they cannot get work the two next Justices upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole Hundred for their relief untill work may be had XX. The Souldier or Mariner licensed by a Justice of Peace to whom he shall make his poverty known having not wherewith to bear his charges home may ask and take relief so it be in his direct way home and within the time limited by his license XXI These offences shall cause no corruption of blood XXII Stat. 1 Jac. 7. Noble Personages shall authorize none to go wandring abroad and Glass-men shall be reputed and used as Rogues notwithstanding the Statute of 39 El. 4. XXIII Instead of banishing an incorrigible Rogue or committing him to the Gallies as was ordained by 34 El. 4. he shall in open Sessions be branded in the left shoulder with a burning iron having a great Roman R. upon it as broad as a shilling And from thence shall be sent to the place of his last dwelling if that cannot be known to the place of his birth After which time if he offend again he shall suffer as a Felon without benefit of Clergy XXIV Every person that seeth or knoweth any Rogue to beg shall convey or cause him to be conveyed to the next Constable or Tything-man in pain of 18 s. to be levied and imployed as the forfeitures of 39 El. 4. and in default thereof then by the Lord of the Leet or his officer in like manner as the persons authorized by the said Statute should have levied and imployed the same And here also if the Constable or Tything-man do not punish him according to that Statute he shall forfeit 20 s. to be also levied and imployed as by the same Statute is appointed XXV This Act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XXVI Stat. 7 Jac. 4. There shall be an house of Correction provided in every Shire to set Rogues and other idle people to work XXVII The Justices in Sessions shall from time to time appoint a Governour for the said house who shall have power to set such Rogues and idle people to work and to punish them by moderate whipping or putting fetters or gives on them which rogues and idle persons shall not be chargeable to the Country nor have other allowance than what they shall deserve by their own labour XXVIII The said Justices shall at least twice every year within their several divisions and oftner if
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
Age Pag. 10 Aide of the King Pag. 10 Aide to marry the daughter and to make the Son a Knight Reasonable Aide Ayel Besayel Cosinage Cosinage Damages 3 c. Alehouses Customs 6 11. Ale and Beer Alehouses Alienation without licence Pag. 14 Tenure 7. Aliens Pag. 14 Ability 2 3 4 5. Crown 147. Customs 9.12.14.17.20 Drapery 42.69 English-men Gauging 14. Hats and Caps 9. Informers 9 10. Ireland 10. Merchants Money 34. Proviso 4.5 Staple Tythes 3. Victuals 6. Wines 8. Allegiance Crown 108. Amendments Pag. 18 Amerciaments Pag. 19 Ampthil Honours Anniversary Fast Pag. 19 Anniversary thanksgiving Pag. 20 Annates First-Fruits Apothecaries Physitians 26. Apparance Pag. 20 Essoyn 12. Appeals Pag. 20 Clergy 8. Demurrers 2. Essoyn 8.15 Triall 13. Appeals to Rome Pag. 21 Apprentice Pag. 21 Aliens 6.19 c. Cordwainers 26. Corporation 3 4. Drapery 168.195 Hats and Caps 1.5.8 Labourers Norwich 5 Passage 15 c. Poor people 21 Ships 25.59 Worsteds Appropriations Pag. 22 Approvements Pag. 23 Approvers Pardon 11. Archery Playes Armour Arms Pag. 24 Crown 145 Musters Treason 5. Wales 9. Arrests Pag. 25 Arrow-heads Pag. 26 Artificers Aliens 2. c. 19. c. Cordwainers 11.30.39.40.59.60.67 Labourers Merchants 63 Wares Assault and Fray Pag. 27 Assises Pag. 27 Conusance Essoyn 4 12. Justice of Assise Nisi prius Assize of Bread and Drink Weights Assize of Darrein presentment Dayes in Bank Assurance Office Merchants 77 c. Attaint Pag. 30 Age 3. Dayes in Bank 14.22 Essoin 4. Limitation 9. Attorney Pag. 35 Apparence 4 Attaint 47 Jeofail 3. Trespass 4. Attornment Error 8 Auditors Account Receivers Augmentations Courts Aulnage Aulnagers Account 5 Drapâ—ry 3.5.8 9.11 c. 140 141 202 c. 290. Estreats 6. Wales 144 145. Avowry Pag. 37 Badgers Corn. Universities Bail Felony 23 Mainprize Bayliffs of Mannors c. Account Eschequer Franchises Indictments Bayliffs of Cities Franchises and Towns Corporations Franchises Towns Sheriffs B. BAkers Aliens 32 Clerk of the Market Weights Ballast Havens 7. Banks Pag. 37 Bankrupt Pag. 38 Barbers Physitians 26. Bargains and Sales Inrollments Uses Bark Cordwainers 36 37. Barking of Trees Burning of Carts c. Barons County 2 Crown 12.126 Forrests 11 18. Barons of the Eschequer Account 3. Attorney â— Commission Damages 5. Drapery 21 43. Error Eschequer Escheators 1. Executors 9. Justice 4. Sheriffs 4 7 68. Staple 27. Barwick Pag. 42 Bâ—tchers 3 Bastardy and Bastards Pag. 42 Ability 4 Barne Vagabonds 8. Battail Grand Assise Pag. 43 Dower 5 Beau-pleader Pag. 43 Beer Clapbord Coopers Beggers Vagabonds Bel-mettle Brass Benevolences Taxes Bigamie Clergy 2 5 27. Matrimony 6 Bisextus Dayes in Bank Benevolence Pag. 44 Bishops Bishopricks Pag. 44 Ability 4. Appeals to Rome Appropriations Crown 44 c. 57. Debt to the King 12 First-fruits 12 c. Leâ—se 9 Rome Vacations of Bishopricks Blackmail Felony 19. Blackney Fish 14 15. Boats and Boatmen Passage Books and Images Pag. 46 Crown 143 Bows Bow-staves Pag. 47 Playes Brass Pewter Copper Bel-mettle c. Pag. 47 Bread Ale and Beer Clerk of the Market Weights Breakers of Leagues and Truces Pag. 50 Brewers Alâ—-houses 9. Aliens 32 Coopers Gauging 12 Weights Bridges Pag. 51 Borderers England and Scotland Brokers Pag. 52 Buckstales Forrests Hunting Parks Buggery Felony 11. Bullion Plate Jewelâ— Gold Money Bulls from Rome Dispensations Burford Bridges 1. Burglary Forfeiture 10. Buriall Crown 138. Burning of Carts and Wood Pag. 53 Felony 19 Burport Cables 1. Butchers Pag. 53 Calves 2. Cordwainers 25. Victuall Weights Butler of the King Pag. 53 Butter and Chéese Pag. 54 Corn. Buts Playes Buying and selling Corn. Buying of Titles Actions popular 10 Champerty Informers 8 Buxton Vagabonds 8. C. CAbles Halsors and Ropes Pag. 55 Calves Pag. 56 Cordwainers 24. Cambridg and Cambridgshire Pag. 56 Aliens 14. 27. 34. Butchers 3. Crown 140. Caps Hats Captains Souldiers Pag. 56 Musters 55 Captives Pag. 68 Cardiff Bridges 10 Cask Clapbord Carlile Butchers 3. Carlion Bridges 12 Castles Fortresses c. Pag. 68 Cattle Forestallers Horses Certificate Ability 4. Bishops 14 Butler of the King 2. Captains 28 c. Commission 5 Crown 19. Certificate of the Cause of Attainder c. Pag. 68 Certiorari Corpus cum causa Cessavit Pag. 69 Contra formam collationis Challenge Pag. 69 Champerty Pag. 6 Actions popular 7.10 Informers 8. Maintenance Nisi prius 9 Chancellor Aliens 1.14 Bankrupts 1 3 10 Books 4 Butter 1 Chancery Corporation 1. Custos Rotulorum Error Escheators 1 Execution of Statutes Executors 9 Exigent 1 2 First-fruits Fish 13 Hospitals 6. Infections Justice 5 Merchants Mortmain Parliament 35 c. Sewers Sheriffs 7 Staple 32 c. Treason 1 Triall 8 Vacations of Bishopricks Vagabonds 13 Wales 93 140 Wards 36 48 51 84 86 Wines Woolls 6 Women 8 Chancery Pag. 70 Accusation 10 11 Pardon Chaplains Residence Chases Forests Chanteries Monasteries Cheese Butter Chelsey Pag. 71 Chepstow Brides 15 Ships 52 Chester and Cheshire Pag. 72 Certificate of the c. 5 Corn 8 Courts 32 Eschequer Exigent 11 c. Fines 32 Wales 152 Chichester County 5. Paving 9 Chimage Forests 14 Churches Fighting Church-service Crown 44 c. Service and Sacraments Church-wardens Alehouses Captains 22 c. Clerk of the Market 6 Crown 100 150 Church-yards Pag. 73 Mortmain 16 Cinque-Ports Five Ports Cirographer Pag. 73 Error 2 Fees 2 Citation Pag. 73 Clapbord Pag. 74 Malt 13 Clergy Pag. 74 Conjuration Fairs and Markets 21 Clerk of Assize Certificate of the cause of Attainder Justices of Assize Clerk of the Chancery Pag. 78 Addition 4. Clerks of the Crown Pag. 78 Certificate of the cause of Attainder Clerk of the Estreats Estrâ—ats Sheriffs Clerk of the Market Pag. 78 Franchises 23. 6. Weights Clerk of the Peace Certificate of the cause of Attainder Corn 3. Custos Rotulorum 3. Inrolements Paving 4. Clerk of the Recognisances Fraudulent Conveyances 9 c. Recognisance Clerks of the privy Signet and privy Seal Pag. 79 Clerk of the Sewers Sewers Clerk attaint Certificate of the c. Clerk convict Clergy Client Attorney Clothes and Clothing Dropâ—y Coaches Pag. 80 Coachmakers Cordwainers 46 Coal Pag. 81 Fuel Wood 17 c. Coin Money Collectors Pag. 82 Colledges Chelsey Election Patents 18 Collusion Admeasurement of Dower Advowson 12 Conusance Common Approvements Assizes 6. 12. Horseâ— Common Place Attaint 47. Common Pleas. Pag. 83 Adjornment Constable and Marshall Commissions and Commissioners Pag. 82 Discontinuance of Process 3. 5. Escheators 21 c. First-fruits Hospitals 16 c. Sewers Common Prayer See Religion Concealments Limitation 11. Conditions Pag. 83 Patents 27 Confirmation Pag. 83 Cony-skins Merchants 84 c. Conjuration Pag. 84 Consecration of Bishops c. Bishops 16 c. Conspiracies Pag. 85 Nifi prius 9. Victual 16 Constables of Hundreds and Towns Ale-houses Banks 5. Bridges 4. Captains 22. c. Crown 78. 150. Drapery 48. 29. 230 Feasants 22. High-wayes Holy-dayes Horses 14 Malt. Merchants 4. Plague Purveyors Swearing Vagaboads Constable and Marshal Pag. 85 Appeals 9. Exchequer 12
Proclamation published by the King concerning the payment of Customes for strangers to indure for certain years XXXIX Lords of the Parliament may keep six strangers born at one time XL. No stranger except Denizons shall take a Lease of any house or shop in pain to forfeit 5 l. and none shall let them such Leases upon the like pain both of them to be divided betwixt the King and the Prosecutor Amendments I. Stat. 14 E. 3.6 Stat. 1. A process which is defective by Misprision of a Clerk in one syllable or letter too much or too little shall be amended without giving advantage to the party challenging the same II. Stat. 9 H. 5.4 The Justices before whom such default shall be found in any Record or Process may amend the same as well after Judgment as before so long as such Record or Process shall continue before them III. Stat. 4 H. 6.3 The Statute of 9 H. 5.4 is made perpetual provided it shall not extend to Records or Process in Wales or whereby any person is outlawed IV. Stat. 8 H. 6.12 No Judgment or Record shall be reversed or annulled for Error assigned by reason of the rasing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Subtraction or Diminution of Words Letters Titles or parcel of Letters found in the same V. The Judges may reform all defects in any Record Process Ward Plea Warrant Writ Pannel or Return except Appeals Indictments of Treason or Felony and the Outlawries of the same and the substance of the proper names surnames and additions left out in original Writs Exigents and in other Writs of Proclamation contrary to the Statute of 1 H. 5.5 which see in Addition so that by such misprision of the Clerk no Judgment shall be reversed or annulled VI. Variance alledged between a Record and the Certificate thereof shall be amended by the Judges VII Imbezilling of a Record is felony VIII If a record process writ warrant pannel return or any parcel thereof be exemplified under the Great Seal and inrolled for any error assigned in the said Record c. in any letter word clause or matter varying or contrary to the exemplification and inrolment there shall be no judgment reversed or annulled IX Stat. 8 H. 6.15 The Justices may amend the misprisision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any record or process or the return of the same by reason of writing one letter or one syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependants of the same Amerciaments I. Magna Charta cap. 14. 9 H. 3. A free-man shall not be amercied for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his Contentment or Countenance and a Merchant saving his merchandize and any Villain except the King's shall be amercied saving his wainage and such amerciaments shall be assessed by lawful men of the Vicinage Peers also shall be amercied by Peers according to their offence Also Church-men shall be amercied according to their Lay-tenement and the quantity of their offence and not according to their Spiritual Benefice II. Marlb cap. 18. 52 H. 3. No Escheator Commissioner or Justice assigned to take Assizes or to hear or determine matters shall have power to amerce for default of common Summons but the chief Justices or the Justices in Eyre in their Circuit III. West 1. cap. 6. No City Borough Town or man shall be amercied without reasonable cause and according to the trespass viz. every Free-man saving his Free-hold a Merchant saving his merchandize a Villain saving his Gainure and that by his or their Peers Anniversary Fast I. Stat. 12 Car. 2. ca. 30. Every 30th day of January unless it falls upon the Lord's day throughout his Majestie 's dominions shall be kept and observed as an anniversary day of Fasting and Humiliation for the horrid Murther of King Charles the First committed by a party of desperately wretched and wicked men to the shame and reproach of the people of England and Protestant Religion and to implore God's mercy that the said sacred and innocent bloud nor those other sins which provoked God to deliver up the said King into the hands of wicked and unreasonable men may not hereafter be visited upon the people of England or their Posterity Annuary Thanksgiving I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgiving to be celebrated on the 29th day of May for the wonderful power and goodness of God in restauration of the King by the unanimous and cordial affection of the Lords and Commons in Parliament and people in general upon which day all persons are to resort to some Church Chappel or publick place of Thanksgiving this Act to be then read and notice to be given the next Lord's day before Apparance I. Stat. 10 H. 6.4 No Filizer Exigenter or other Officer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Council make oath that he is the same person in whose name that suit is prosecuted This Act to continue to the next Parliament II. Stat. 18 H. 6.9 The Stat. of 10 H. 6.4 is made perpetual III. No officer contained in the Statute of 10 H. 6.4 shall doe to the contrary thereof in pain to forfeit 40 s. to the King for every time that he shall be attainted thereof by due examination of any of the Justices before whom the Entry or Record is IV. Every Attorny who hath not his Warrant entred upon Record in all suits wherein process of Capias and Exigent are awardable the same Term in which the Exigent is awarded or before and is thereof attainted by like examination for every time he so offendeth shall incur the pain aforesaid Appeals I. Magna Charta cap. 34. 9 H. 3. No man shall be taken or imprisoned upon the appeal of a woman for the death of any other then her husband II. West 1. c. 14. 3 E. 1. The accessary in an appeal shall not be outlawed before the Principal be attainted Howbeit none shall intermit to commence their appeal at the next County as well against the accessary as against the principal but the Exigent against those shall remain until those be attainted by Outlawry or otherwise III. Stat. Gloc. c. 14. 9 E. 1. If the Appealor declare the deed the year the day the hour the time of the King and the town where the fact was done and with what weapon the appeal shall stand and shall not be abated for default of fresh suit so that he sue within
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
any other council assembled by the King's command onely if it be not Term-time he shall then appear the first day of the Term following that quarter and upon appearance shall be proceeded against as before Assises I. Magna Charta cap. 12. 9 H. 3. Assises of novel disseisin and Mortdancester shall be taken in their proper Shires in this manner The King or in his absence out of the Realm the chief Justices shall once a year send the other Justices through every County to take together with the Knights of the Shires such Assises in those Counties and such things as cannot be there determined shall be ended elsewhere in their Circuits Also difficult matters shall be referred to the Justices of the Bench to be there determined II. West 1. Cap. 24. 3 E. 1. If any Escheator Sheriff or other Bailiff of the King do by colour of his office without special warrant pertaining to his office disseise any man of his free-hold or any thing belonging thereunto it shall be in the election of the disseisee whether the King by office shall cause it to be amended upon complaint or that he will sue by writ of Novel disseisin wherein if the disseisor be attainted the disseisee shall recover double dammages and the disseisor shall also be grievously amercied to the King III. West 1. cap. 36. 3 E. 1. If any be attainted of disseisin done in the now King's time with robbery of goods or otherwise the disseisee by Assise of Novel disseisin shall recover his seisin and dammages and the disseisor whether present or not shall make fine and if present shall be committed IV. West 1. cap. 48. 3 E. 1. Assises of Novel disseisin Mortdancester and Darreine presentment shall be taken in Advent Septuagesima and Lent as well as inquests and that at the special request of the King made to the Bishops V. West 2 cap. 25. 13 E. 1. For estovers of wood profit to be taken in woods corrodie delivery of corn and other victuals and necessaries to be received yearly in a certain place toll tunnage passage pontage pawnage and the like to be taken in places certain keeping of Parks Woods Forests Chases Warrens Yates and other Bailiwicks and offices in Fee an Assise of Novel disseisin shall be and in such cases the Writ shall be as in other cases de libero tenemento VI. It shall also be for Common of Turf-land fishing and such like common appendant to Free-hold or by special deed as it heretofore held place for common pasture provided the estate therein be at least for life VII If any holding for years or in ward aliene the fee remedy shall be had by this Writ and both the feoffors and feoffees shall be had for disseisors so that during the life of any of them the said Writ shall hold place and if they die the remedy shall be by Writ of Entry VIII The giving of this Writ in new cases shall not diminish the force thereof in those wherein it had force before and remedy also shall be had thereby in case where one feedeth in the several of another IX In this suit if the Defendant fail to make good the exception which he pleads he shall be adjudged a Disseisor without taking the Assise and shall give to the Plaintiff double dammages both inquired and to be inquired and besides shall suffer a year's imprisonment X. If such an exception be alledged by a Bailiff the taking of the Assise shall not be thereby delayed nor yet the Judgment upon the reftitution of the lands and dammages Howbeit if the Master of such Bailiff afterwards offer to prove to the Court by matter of record that there was just exception whereby the Plaintiff might have been barred he shall have a Venire facias to produce such record and then if the Justices see cause the Plaintiff shall be warned to appear at a certain day and the Defendant shall then have again his seisin and dammages and the Plaintiff shall be punished by imprisonment at the discretion of the Justices In like manner also shall the Justices proceed in case the Defendant's proof is by deeds or releases and if the Plaintiff purchased the Assise contrary to his own deed he shail be punished as aforesaid XI The Sheriff shall not take an Ox of the disseisee but of the disseisor onely and but one Ox though there be many disseisors named in the Writ and that Ox shall not exceed 5 s. in value Note that 5 s. then hath now the value of 15 s. XII West 2.46 13 E. 1. Where common of Pasture hath been usurped during Nonage Coverture tenancy in dower by the courtesie for life years or in tail it hath been holden that if such possessor of common be deforced he ought to have Action by Writ of Novel disseisin it must now be holden that such as have entred within the time that an Assise of Mortdancester hath lain if they had no common before shall not recover by Writ of Novel disseisin albeit they be deforced XIII Stat. de conjunct feoffatis 34 E. 1. In an Assise of Novel disseisin if joynt-tenancy be pleaded by force of a Deed upon the Plaintiff's averment against it the Justices shall keep the Deed until the trial and in the mean time shall by scir ' facias summon the absent joynt-tenant to be present with the Defendant at the said trial and they shall there maintain the Plea if they can But if it shall then be proved by an Assise that the Plea was maliciously alledged to delay the Plaintiff albeit the Assise doth pass for the Defendants yet he who pleadeth that exception shall suffer one whole year's imprisonment and shall not be enlarged without grievous fine And if it be found by Assise that the Plaintiff was disseised he shall recover seisin and double dammages and the trial shall go on notwithstanding such plea and albeit neither of the pretended joynt-tenants appear howbeit joynt-tenancy shall not be pleaded by Bailiffs XIV Also in Assises of Mortdancester and juris utrum the like course shall be taken as in those of Novel disseisin XV. In other Writs likewise whereby Tenants are demanded save that in them the dammages are referred to the discretion of the Justices XVI Stat. Eborum 34 E. 2.1 Tenants in Assise of Novel disseisin may make Attorneys and may also plead by Baâ—hffs as in times past XVII Stat. 7 R. 2.10 An Assise of Novel disseisin for rents issuing out of lands in divers Counties shall be taken in Confinio Comitatus as is used for Common of pasture in one County appendant to tenements in another XVIII Stat. 1 H. 4.8 A special Assise is maintainable by the disseisee for such lands as are granted by the King's Patent without title first found by inquest for the King without suit to be made to the King in that behalf and if the Patentee pray in Aid of the King a Procedendo shall be also granted without suit XIX
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
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
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
Copies of Offices Lands Tenements and Hereditaments parcel of the Dutchy of Cornwall and a confirmation of such as be made not exceeding 31 years or 3 lives Leather and Hides I. Stat. 14 Car. 2. cap. 7. None shall transport beyond Seas any raw Leather or Hides tanned or untanned and for the regulating abuses in Leather and the Stat. 18 El. cap. 9. 8 El. cap. 14. 5 El. cap. 22. and 1 Jac. cap. 22. mentioned and the exportation of Hides declared a common nusance The Act not to extend to prohibit the transporting of Bootes and Shooes nor Hides and Leather to be necessarily used in any Ship See Title Cordwainers Curriers c. Lee-River I. Stat. 13 E. 18. For making the River of Lee Navigable from Ware to London See the Statute Leet I. Stat. 18 E. 2. The Articles of the charge in a Leet II. Stat. 1 Jac. 5. No Steward or Deputy Steward of any Leet or Court Baron shall make benefit to the value of 12 d. or more by colour of any Grant made of the profits or perquisites of any such Courts whereof he is Steward in pain to be disabled for ever after to be Steward of any Court and besides to forfeit 40 l. to be divided betwixt the King and the prosecutor Libel I. Stat. 2 H. 5.3 A Copy of a Libel grantable in the Ecclesiastical Court shall be presently delivered upon the defendants apparance Limitation I. Merton 25 H. 3.8 Seisin of ones Ancestor in writ of right shall be from the time of H. 2. In a Mortdancester writ of Neife and of Entry from the last return of King John out of Ireland and in an Assize of Novel disseisin from Henry the third's first Voyage into Gascoign II. West 1. 3 E. 1.38 Seisin of of ones Ancestor in a writ of right shall be from the time of R. 1. In an Assise of Novel disseisin and Nuper obiit from H. 3. his voyage into Gascoign and in a Mortdancester Cosenage Ayal and Neife from the Coronation of H. 3. III. Stat. 32 H. 8.2 Seisin in a writ of right shall be within 60 years before the Teste of the same writ IV. In a Mortdancester Cosinage Ayal writ of Entry sur disseisin or any other possessory Action upon the possession of his Ancestor or Predecessor it shall be within 50 years before the Teste of the original of any such writ V. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the original of the same writ VI. In an Avowry or Cognisance for rent suit or services of the seisin of his Ancestor predecessor or his own or of any other whose estate he pretends to have it shall be within 40 yeares before the making of such Avowry or Cognisance VII Formedons in reverter or remainder and scire facias upon fines shall be sued within 50 years after the title or cause of Action accrued and not after VIII The party demandant Plaintiff or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognisance prescription c. IX Provided that in any of the said actions avowries prescriptions c. the party grieved may have an attaint upon a false verdict given X. Stat. 1 M. 1. Parl. 2. Sess Cap. 5. The Statute of 32 H. 8.2 shall not extend to a writ of right of Advowson Quare impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate but the time of the seisin to be alledged in such cases shall be as it was at the Common law before the making of the said Statute XI Stat. 21 Jac. 2. The King his heirs or successors shall recover no concealed Mannors Lands Tenements Rents Tithes or Hereditaments other then Liberties and Franchises and the issues and profits which concern the same nor make any Right Claim or Demand of in or to the same by reason of any right or title accrued 60 years and more and now in esse unless the King or some of his Predecessors or some other under whom he claims have been answered by force of such right or title the Rents issues and profits thereof within 60 years next before the begining of this Parliament Or that the same have been duly in charge to the King or Queen Elizabeth or have stood in super of record within the said time XII This Act shall not extend to impeach the King 's right or title to any reversion or remainder nor to alter the tenures or services of Lands And here also the right of all others save of the King is saved XIII Neither shall this Act extend to annul the custome of two pence paid for every Chaldron of Sea-Coals at Newcastle upon Tine XIV Provided that no putting in charge standing in super or answering the rents or profits of any Lands or Hereditaments by force or colour of any Letters Pattents Grants of Concealments or defective Titles or of Lands Tenements or Hereditaments out of charge or by force or colour of any inquisions presentments upon any Commission or other authority to find out Concealments Defective Titles or Lands Tenements or Hereditaments out of charge shall be deemed or taken to be a putting in charge standing in super or answering the rents or profits to the King or his predecessors unless thereupon such Lands Tenements or Hereditaments have been upon any informatian or suit on the behalf of the King or his Predecessors upon any lawful verdict given or demurrer in Law adjudged and upon a hearing ordered or decreed to the King or his predecessors within the said time of 60 years XV. This Act shall not extend to lands for which composition is or shall be made before the end of this Parliament XVI Stat. 21 Jac. 16. All Writs of Formedon in Descender Remainder or Revertor for any title or cause now in esse shall be sued within 20 years next after this present Session of Parliament and for any title or cause hereafter accruing within 20 years after such title or cause so accruing Otherwise such title shall be for ever after barred and the party claiming utterly excluded from entry XVII None now having any right or title of entry into any Mannors Lands Tenements or Hereditaments now held from him or them shall thereinto enter but within 20 years next after the end of this Sessions of Parliament or within 20 years next after any other title accrued And none shall at any time hereafter make any entry into any Lands Tenements or Hereditaments but within 20 years next after his or their right or title which shall hereafter first descend or accrue to the same XVIII The Titles of any Infant Feme covert non compos mentis one imprisoned or beyond sea are saved so as they commence their suit
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
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.
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
the Countrey shall have but fourty dayes given them to agree for the robbery or offence otherwise they are to answer for the bodies of such offenders VI. Cap. 4. In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town from nine a clock until day unless his Host will answer for him for which purpose the Bailiffs of the Towns shall make search once every fortnight at least and if they find any suspitious person lodged without the Town against the Peace they shall do right therein Again betwixt Asceasion-day and Michaelmas watch shall be kept all night from Sun-set till Sun-rising viz. in a City with 6 men at every gate in a Burrough with 12 men and in every Town with 6 or 4 men according to the number of the inhabitants there if any stranger pass by them he shall be arrested untill the morning when if they have no suspition of him they shall let him go quit but if otherwise they shall deliver him to the Sheriff to be safely kept untill he be duly acquitted And here if he will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a stranger none shall be punished VII Cap. 5. High-wayes leading from Market to Market shall be so enlarged that there shall not be any dike tree or Bush within 200 foot thereof Howbeit this Act shall not extend to great Trees Here if by default of the Lord in not removing his dike under-wood or Bushes any robbery be here committed he shall be answerable for the same and if there be murder committed the Lord shall make fine at the Kings will And in case the Lord be not able to fell the Under-woods the Countrey shall help him The Kings Demesne Lands and Forests shall be also subject to this Law and if a Park be set too near the High-way the Pale thereof shall be removed to the distance aforesaid VIII Cap. 6. Pars inde Two Constables shall be chosen in every Hundred and Franchise who shall present to the Justices assigned such defaults as they shall find in the Countrey concerning suits watches and high-wayes and also such persons as lodg strangers in uplandish Towns for whom they shall not answer And the Justices assigned shall present them at the Parliament to the King who will provide remedy therein Also Sheriffs and Bailiffs of Franchises are straightly commanded to follow the Cry with the Countrey and to keep Horse and Arms to perform the same in pain to be presented by the Constables to the Justices assigned and by them to the King as aforesaid IX Artic. super Cart. 17. 28 E. 1. The Statute of Winchester shall be again sent into every County to be read and published four times in the year and to be kept as strictly as the Great Charters upon the pains therein limited And for the better observance thereof the Knights assigned in the Counties to redress things done against the Great Charter shall be likewise charged with this and have Warrant for the same accordingly X. Stat. 5 E. 3.14 If any have suspition of night-walkers or other suspitious persons then called Robertsmen Wastors and Draw-latches by day or night they shall be presently arrested by the Constables and if it be in a Franchise they shall be delivered to the Bailiffs but if in a Guildable then to the Sheriff and shall be kept in prison till the coming of the Justices to deliver the Goal and in the mean time the Sheriff or Bailiff shall enquire of such arrests and return their Enquests before the Justices at their coming together with the cause of their taking whereupon the Justices shall proceed to their deliverance according to Law and here if the Sheriff or Bailiff neglect to enquire they shall be amerced and nevertheless the Justices shall make enquiry and proceed to the deliverance XI Stat. 28 E. 3.11 The Statute of Winchester cap. 1. 2. 13 E. 1. is confirmed being in a manner the same with that word for word XII Stat. 7 R. 26. The Statute of Winchester is again confirmed and it shall be proclaimed four times a year by the Sheriff himself in person in every Hundred and in every Market by the Bailiffs thereof XIII Stat. 27 El. 13. The Hundred where fresh suit shall cease shall answer half the the damages to the Hundred wherein the Felony shall be commited to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit XIV When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1. Qu. dwelling within or near the same Hundred shall for the levying thereof set a tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular inhabitants and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them XV. No Hundred shall be chargeable when any one of the malefactors shall be apprehended or when the action is not prosecuted within one year after the Robbery committed XVI No Hue and Cry shall be deemed legal unless the pursuit be both by horse and foot XVII No person robbed shall maintain an action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within twenty days before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to the law XVIII Stat. 39 El. 25. A remedy for the inhabitants of the Hundred of Henhurst in the County of Berks for recovery of such sums of money as shall be gained from them by force of the Statute of 22 El. 11. XIX Stat. 14 Car. 2. cap. 22. For preventing Theft and Rapine by leud persons called Mess-Troopers frequenting the Borders of Northumberland Cumberland and the adjacent parts of Scotland The Inhabitants of the said two Counties may be charged for five years by the Justices of the Peace for resistance of the said Moss-Troopers XX. Provided not to charge Northumberland above 500 l. per annum and Cumberland above 200 l. per annum And the said Justices may apâ—oint men not exceeding 30 for Northumberland and 12 for Cumberland for searching for and apprehending the said malefactors and may issue Warrant for collecting the assessments and every Justice of the Peace may examine offences against this Act and bind over the offenders to Sessions
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
Ceremonies or Rites of the Church by mis-using the Orders appointed in the Book of Common-Prayer the Queen by like advice of the said Commissioners or Metropolitan may ordain such further Ceremonies or Rites as may be most for Gods glory the edifying of the Church and reverence of Christs holy Ministeries and Sacraments XXX All other Laws made for other service shall be void XXXI Stat. 5 El. 28. An Act for translating of the Bible and Book of Common-Prayer into the Welsh Tongue Also there shall be an English Bible and Book of Common Prayer in every Church of Wales XXXII Stat. 3 Jac. 1. All Ministers in every Cathedral and Parish Church or other usual place for Common Prayer within the Kings Dominions shall alwayes upon the fifth day of November say morning Prayer and give thanks to God for the happy deliverance of the King Queen Prince and both Houses of Parliament upon that day XXXIII Every person within the Kings Dominions shall alwayes upon that day diligently resort to his Parish Church or Chappel or to some usual Church or Chappel where the said Common Prayer Preaching and other service of God shall be used and there orderly abide during the said solemnity XXXIV Every Minister shall give warning publickly in the Church at morning Prayer the Sunday before every such fifth of November for the due observation of the said day and after morning Prayer or Preaching upon the said fifth day of November shall read publickly and distinctly this present Act. See more Title Religion Severn I. Stat. 34. 35 H. 8.9 A penalty for casting any Ballast or Robul in King-rode in any part of the Haven in Bristol II. None shall load any Corn in any Vessel by the water of Severn to be transported beyond Sea before he be bound to the Customer of Bristol to bring it first to Bristol to be there viewed by the Mayor there for the time being in pain to forfeit both the grain and Vessel III. The penalty where one bringeth more Corn to Bristol to be measured and thence to be transported then is contained in his Cocket or License which is to be delivered unto him by the said Mayor when he takes bond of him as aforesaid IV. The penalty for denying to measure the Corn at Bristol is five pounds for every time to be divided betwixt the King and the prosecutor See the Statute at large ☞ Sewers I. Stat. 6 H. 6.5 During ten years several Commissions of Sewers shall be made to divers persons by the Chancellor of England to be sent into all parts of the Realm where need shall be according to the form in the said Statute expressed for which see the Statute at large being here omitted because a latter Commission was afterwards ordained by the Statute of 23 H. 8.5 which see after in the proper place II. Stat. 8 H. 6.3 Commissioners of Sewers shall have power to do ordain and execute all such Statutes Ordinances and other things as shall be made according to the effect and purport of the Commission of Sewers ordained by the Statute of 6 H. 6.5 III. Stat. 18 H. 6.10 Commission of Sewers shall be awarded where need shall require during ten years IV. Stat. 23 H. 6.9 The Chancellor of England may grant Commissions of Sewers during fifteen years V. Stat. 12 E. 4.6 The Chancellor of England may grant Commissions of Sewers for 15 years where need shall require VI. Stat. 4 H. 7.1 Commissions of Sewers shall be granted during 25 years VII Stat. 6 H. 8.10 Commissions of Sewers shall be granted during ten years according to the Statute of 6 H. 6.5 and 4 H. 7.1 VIII Stat. 23 H. 8.5 Commissions of Sewers shall be directed into all parts of the Realm from time to time where and when need shall require according to the manner form and tenor hereafter following to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices or any three of them whereof the Lord Chancellor is to be one IX Henry the eighth c. Know ye that forasmuch as the walls ditches banks gutters Sewers Gates Calcies Bridges streams and other defences by the Coasts of the Sea and Marsh-ground being and lying within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by rage of the Sea flowing and re-flowing and by means of the trenches of fresh water descending and having course by divers wayes to the Sea be so dirupt lacerate and broken And also the common passages of Ships Ballengers and Boats in the rivers streams and other floods within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by mean of setting up erecting and making streams mills bridges ponds fishgarths mill-dams locks habbing-wears hecks flood-gates or other lets impediments or annoyances be letted or interrupted so that great and inestimable damago for default of reparation of the said Walls Ditches Banks Fences Sewers Gates Gutters Calcies Bridges and streams and also by mean of setting up and erecting making and enlarging of the said fish-garths mill-dams locks hebbing-wears hecks flood-gates and other annoyances in times past hath happened and yet is to be feared that far greater hurt loss and damage is like to ensue unless that speedy remedy be provided in that behalf X. We therefore for that by reason of our Dignity and Prerogative Royal we be bound to provide for the safety and preservation of our Realm of England willing that speedy remedy be had in the premisses have assigned you and six of you of the which we will that A. B. and C. shall be three to be our Justices to survey the said Walls Streams Ditches Banks Gutters Sewers Gates Calcies Bridges Trenches Mills Mill-dams Flood-gates Ponds Locks Hebbing-wears and other impediments lets and annoyances aforesaid and the same cause to be made corrected repaired amended put down or reformed as cause shall require after your wisdomes and discretions And therein as well to ordain and do after the tenor form and effect of all and singular the Statutes and Ordinances made before the first day of March in the three and twentieth year of Our Reign touching the premisses or any of them as also to enquire by the oaths of the honest and lawful men of the said Shire or Shires place or places where such defaults or annoyances be as well within Liberties as without by whom the truth may the rather be known through whose default the said hurts and damages have happened and who hath or holdeth any lands or tenements or common of Pasture or profit of fishing or hath or may have any hurt loss or disadvantage by any manner of means in the said places as well near to the said dangers lets and impediments as inhabiting or dwelling thereabouts by the said walls ditches banks gutters gates sewers trenches and
addition whereby the party may be known Neither shall any issues go forth against any person otherwise returned in the Original Pannel or Tales LXXIII No Sheriff Bailiff or other shall â—â—â—ie any Issues so estreated of any other person then of such as by the estreat ought of right to be charged therewith in pain that every Clerk who shall write or deliver or procure such estreat to be delivered or put in ure and every other person offending contrary to the meaning of this Act shall forfeit 5 Marks to the Queen and as much to the party grieved to be recovered by Action of debt c. LXXIV Justices of Oyer and Terminer Assize and Peace have power to hear and determine the offences aforesaid and to issue forth Process for the levying of the said forfeitures ☞ LXXV Stat. 27. El. 12. Every Under-Sheriff before he intermeddles with his Office shall before one of the Justices of Assize or the Custos Rotuloâ—um of the County or two Justices of the Peace there 1. Qu. take the oath of Supremacy which see in Crown and also the Oath hereafter written in pain to forfeit treble damages to the party grieved if he commit any Act contrary to the said Oaths or either of them LXXVI The Form of the other Oath is as followeth LXXVII J. A. B. shall not use nor exercise the Office of Under-Sheriff corruptly during the time that I shall remain therein neither shall or will accept receivâ— or take by any colour means or device whatsoever or consent to the taking of any manner of see or reward of any person or persons for the empannelling or return of any Eaquest Jury or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realm But will according to my power truly and indifferently with convenient speed impannel all Jurors and return all such Writ or Writs touching the same as shall apportain to be done by my duty or office during the time that I shall remain in the said Office So help me God LXXVIII No Bailiff of Franchise Deputy or Clerk of a Sheriff or Under-Sheriff shall intermeddle with their several Offices before they have taken the said Oaths as aforesaid altering onely the termes of the Office in pain to forfeit 40 l. to be divided betwixt the King and the prosecutor LXXIX Justices of Assize and Justices of Peace in Sessions have power to hear and determine the defaults and offences aforesaid and upon conviction to award process accordingly ☞ LXXX Stat. 29. El. 4. No Sheriff Under-Sheriff Bailiff of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an Extent or Execution then after 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. in pain to forfeit treble damages to the party grieved and besides 40 l. betwixt the Queen and the prosecutor LXXXI This Act shall not extend to fees of Executions within Cities or Corporations LXXXII Stat. 43. El. 6. If any Sheriff or other taking upon him to break Writs do make any warrant for summons or upon any Writ Process or suit or for any arrest or attachment of body or goods against any person to appear in any of the Queens Courts not having the Original Writ or Process warranting the same upon complaint thereof to the Justices of Assize of the County where the offence was committed or the Judges of the Court out of which the Process issued the party so offending and all procurers thereof shall be sent for before the same Justices or Judges by attachments or otherwise and shall be examined upon their oaths concerning the same LXXXIII If the offence shall be confessed or proved by sufficient Witnesses the said Justices or Judges shall forthwith commit the offender to the Goal of the County or Court where he shall be examined from whence he shall not be enlarged until he have paid the party grieved 10 l. and all his Costs and Damages to be assessed by the same Justices or Judges and likewise 20 l to the Queen LXXXIV Stat. 21. Iac. 5. A Quietus est shall be a sufficient discharge for a Sheriff unless he be questioned within four years after the grant thereof LXXXV Every Officer or Minister that shall send out or cause to be sent out any Writ or Process or by whose default any Writ or Process shall be sent out contrary to this Act shall for every such offence forfeit and pay to the party grieved 40 l. and his costs and damages to be recovered by Action of debt c. LXXXVI Stat. 14. Ca. 2. Ca. 21. The unnecessary charges and tedious attendance in passing the accompts of Sheriffs being very burthensome it is Enacted that Sheriffs shall not keep Tables for receipt of any other then their own Family or Retinue nor shall send any Presents to any Judge of Assize nor give any gratuity to any Officer nor have more then 40 Men-servants nor under 20 in any County in England nor under 12 in Wales upon forfeiture of 200 l. for every default Proviso this clause not to extend to the Sheriffs of Middlesex and London nor Westmerland nor any Sheriff of a City and County or Town and County LXXXVII Sheriffs within England shall not be charged to answer any illeviable seisure Farm Rent Debt or other thing whatsoever which was not writ in process to them to be levyed and the persons Lands and Tenements of which the same is levyable particularly expressed but shall be discharged without Petition Plea or other trouble or charge whatsoever LXXXVIII All seisures made before 1 Jac. R. 1. and yet remaining upon the Sheriffs accompts and all seizures and debts pardoned are discharged and to be left out of their Accompts and no process to issue for levying the same nor any other Rent or Farm not particularly set forth or which hath been unanswered for 40 years past And all other dead Farms and seisures and all desperate illeviable and unintelligible debts shall be removed out of the annual Roll and Sheriffs charge into the exannual Roll there to remain until revived and made answerable by Commission LXXXIX The several remembrancers shall enrolle and certifie the Ingroser of the great Roll all debts chargeable upon Sheriff by their Returns into the Exchequer upon Writs of fieri fac levari fac Capias and other process and all Fines and Amercements upon Sheriffs already set before the first of Febr. 1662. And all Debts Fines and Amercements hereafter set before the first day of the next Terme after return of such Fines and Amercements set that so they may be charged and comprehended within the Quietus est upon pain of 40 l. upon the Officer for every default the one moyety to the King the other to the party grieved And none shall be Sheriff except he
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
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
and Sessions within one year and a day after such offence committed except treason and misprision of treason XLVII Provided that any of the offenders aforesaid which shall before judgment submit and conform themselves to the Bishop of the Diocess or in open Assize or Sessions shall be discharged of every the offences aforesaid except treason and misprision of treason and of all pains and penalties incurred for the same XLVIII Of the forfeitures abovesaid two third parts the Queen shall have one to her own use the other for relief of the poor in the Parish where the offence is committed to be delivered without further warrant then of the principal Officers of the Receipt of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three moneths after judgment shall be committed to prison and there remain untill he hath satisfied them or shall conform himself and go to Church XLIX They that have on Sundays the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but four times in the year at least are present at Divine Service in their own Parish-Church or some other open Chappel of ease shall not incurre the penalty aforesaid for not coming to Church L. All covinous grants to defraud the interest which the Queen or any other person may claim by virtue of this Act or of 13 El. 2. shall be adjudged void LI. If a Peer of the Realm happen to be indicted for any offence made treason or misprision of treason by this Act he shall be tried by his Peers LII This Act shall not abridge the jurisdiction of Ecclesiastical censures * LIII Stat. 27 El. 2. All Jesuits and Seminary Priests and other Ecclesiastical persons born within any of the Queen's Dominions and ordained or made such by the pretended jurisdiction of the See of Rome which come into or remain in any of the said Dominions shall be adjudged guilty of high Treason and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged felons without benefit of Clergie LIV. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six moneths after Proclamation made in London in that behalf return into this Realm and within two days after such return before the Bishop of the Diocess or two Justices of Peace of the County where they shall arrive submit themselves to the Queen and her Laws and take the Oath of Supremacie shall be also adjudged guilty of high Treason LV. They who give or send relief to any such Ecclesiastical person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire LVI These offences shall be heard and determined in the King's Bench or in any County where they shall be committed or the offender taken LVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three days after his arrival shall submit himself to some Arch-bishop Bishop or Justice of Peace of the County where he lands and there take the Oath of Supremacie and under his hand acknowledge to continue in due obedience to her Majestie 's Laws LVIII Here the trial of a Peer shall be by his Peers ☞ LIX If any person knowing a Jesuit or Priest to remain within any of the Queen's Dominions do not within twelve days discover the same to some Justice of Peace he or she shall make fine and suffer imprisonment during the Queen's pleasure and the Justice of Peace which doth not within 28 days after disclose it to some of the Privy Council or to the President or Vice-President of the Councils in the North or Marches of Wales shall forfeit 200 marks and such of those Councils unto whom such information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them LX. All Oaths Bonds and submissions as aforesaid shall within three moneths be certified into the Chancery by the parties before whom they are taken in pain of 100 l. LXI None having submitted as aforesaid shall within ten years after come within ten miles of the Court in pain to lose the benefit of his submission LXII Stat. 29 El. 6. All grants incumbrances or limitations of use made by any person not repairing to Church according to the Stat. of 23 El. 1. and which are revocable by the offender intended for his maintenance left at his disposition or in consideration whereof he or his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seizures for the same purpose ☞ LXIII Every conviction of any offence before mentioned shall be in the King's Bench or at the Assize or Gaol-delivery and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the Term then next following LXIV The Queen may seize all the goods and two third parts of the lands and leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay in to the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth for so long time as they shall forbear to come to Church according to the said Stat. of 23 Eliz. 1. LXV The indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realm LXVI When an indictment is found against such an offender Proclamation shall be made that he shall render himself into the Sheriff's hands before the next Assize or Gaol-delivery which if he do not that neglect shall be as sufficient a conviction as if upon the same indictment a trial by verdict had proceeded LXVII But here upon the offender's submission according to the said Stat. of 23 El. or death no forfeiture shall insue save onely the arrearages due at the time of such submission or death LXVIII The Lord Treasurer Chancellor and chief Baron or any two of them shall assign a third part of the forfeitures of 20 l. a month for the relief and maintenance of the poor houses of Correction and maimed souldiers LXIX This Act shall not extend to grants made bona fide nor to continue any seizure after the death of the offender in such lands wherein he had onely an estate for life or in the right of his wife * LXX Stat. 35 El. 1. If any above sixteen years of age shall be convicted to have absented themselves above a moneth
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