pain of 40 s. to be divided betwixt the King and the prosecutor and if the Treasurer or Receiver or their Clerks make and sign one they shall take but 4 d. for it in pain to forfeit 20 s. for every acquittance for which they take more to be divided as aforesaid and every acquittance shall be a sufficient discharge according to the tenor thereof XV. If any Receiver or his Clerk pay a pension or other annuity or rent and have a sufficient acquittance signed sealed and delivered unto him by the party that is to receive such payment he shall take nothing for such acquittance in pain to forfeit 20 s. and if the Receiver or Clerk provide such acquittance he shall not take above 4 d. for the same in pain to forfeit also 20 s. neither shall the Receiver or his Deputy take above the rate of 4 d. in the pound for money which he shall so pay in pain to forfeit 6 s. 8 d. for every peny he takes above The said forfeitures are to be divided betwixt the King and the prosecutor XVI The Auditor that takes above 3 s. 4 d. for enrolling any Patent Decree or Grant shall forfeit 6 s. 8 d. for every peny so taken to be divided as aforesaid and he shall enroll them being tendred unto him or as much thereof as concerns his office XVII Auditors shall cause Proclamation to be made in four Market-towns twenty days at least before their coming into the County to keep their Audit in pain of 5 l. XVIII Auditors shall send out their Precepts for the Audit betwixt Michaelmas and Christmas XIX An Accomptant that after notice doth not appear at the Audit or appearing refuseth to accompt or accompting defers to pay his charge to the Receiver above three weeks after or conceals or withdraws any rent or other profit shall forfeit his Office and fee and for concealing or withdrawing shall forfeit three times so much as is concealed or withdrawn proof of the said defaults being made to the Head-officer of any of the said Courts and the said Courts shall thereupon award process in the nature of Attachments for remedy thereof XX. In all actions for debts accruing to the King upon attainder outlawry forfeiture gift or other collateral way it shall be sufficient to shew generally that the party unto whom such debt did belong such year and day did give it to the King or was attainted outlawed or other act committed whereby it came to the King without alledging the particular circumstances And in such case the King shall be preferred both in suit and execution before any other person whatsoever XXI Lands of inheritance which were the King's debtor's are chargeable with the King's debts unto whomsoever after the debtor's death they shall descend remain or come XXII The King's debts are payable by the heir though he be not named in the Recognisance Bond or other Specialtie and notwithstanding the land which comes unto him be intailed XXIII The Executor and Administrator are also chargeable if they have Assets XXIV This Act shall not prejudice any who claim the lands chargeable by any just and former title without fraud XXV Upon sufficient cause shewed why the lands should not be charged the Court shall discharge them of the King's debt XXVI If the lands chargeable be in several mens tenures they shall be intirely charged and not severally XXVII This Act shall not diminish any of the Liberties or Privileges of the Dutchie or County Palatine of Lancaster XXVIII All Processes and Executions for debts growing in the Exchequer shall be made by the Officers of that Court but in such kind as is limited by this Act. XXIX Stat. 1 M. Parl. 1.10 The Queen may by her letters Patents alter dissolve or reduce into one or more the Courts of Augmentations First-fruits and Tenths Wards Surveyors and the Dutchie or may annex any of them together or unto any other Court of Record or erect of the same any other new Court or Courts XXX Provided that nothing in the said Letters Patents to be contained shall charge the Subject otherwise then as he ought to have been charged before the second day of this Parliament and that the Officers of the said Courts shall not hold Plea but onely where the Queen is party against any of her Subjects XXXI Provided also that if the Queen shall annex any of the said Courts to the Exchequer all things within the survey of the Court or Courts so annexed shall be ordered the Exchequer-way saving to all persons their Offices Rents Annuities and Fees to be paid out of any of the Queen's Courts where there shall be sufficient revenue to answer the same XXXII Stat. 16 Car. 10.17 cap. 10. The Court of Star-Chamber the Court holden before the Presidents and Councils in the Marches of Wales and the Northern parts the Court of the Dutchie of Lancaster holden before the Chancellor and Council of that Court the Court of Exchequer of the County Palatine of Chester holden before the Chamberlain and Council of that Court and all other Courts of like Jurisdiction and also all Warrants and Directions of the Council-board for commitments restraints or imprisonments awarded by the King or his Council are absolutely dissolved annulled and made void See the Statute at large XXXIII Stat. 16.17 Car. 15. An Act made against divers incroachments and oppressions in the Stannary Courts See the Statute at large XXXIV Stat. 12 Car. 2. cap. 24. The Court of Wards and Liveries and all Wardships Tenures in capite liveries Primer seisins Ouster le maines c. and other dependencies upon the said Court taken away and discharged and the Act of 32 H. 8. cap. 6. 33 H. 8. cap. 22. repealed XXXV Proviso Not to take away any rents heriots or suits of Court or other services belonging to tenures now taken away or in common soccage or to grow due to the King mean Lord or other private persons or the fealty and distress incident thereunto and such relief shall continue in respect of such rent as is paid in case of death of tenant in common soccage XXXVI Nor to take away any fines for alienations due by particular customes of particular mannors and places other then for lands held of the King in capite XXXVII Nor to take away tenures in frank-almoign nor alter any tenures by copy of Court-Roll nor any services of Grand-sergeanty other then Wardship Marriage and aids aforesaid XXXVIII Parents may dispose of the custody of their children untill they attain the age of 21 years Courts and Jurisdictions Ecclesiastical I. Stat. 17 Car. 1. cap. 11. A recital of the branch of the Stat. 1. El. cap. 1. whereby the high-Commission Court was erected for visiting reforming and correcting all Heresies Schisms c. and a Repeal of the same And enacted that no new Court be erected with like Power Jurisdiction or Authority but all Letters patents for that purpose and all authorities thereby granted to be void
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
Consultation Prohibition Contra formam callationis Pag. 86 Controllers Accompt 6. Conventicles Pag. 86 Conusance Pag. 86 Copartners Advowson 4 9. Partition Copyhold Pag. 87 Crown 79. Copper Brass Cordage Cables Cordwainers c. Pag. 87 Corn and grain Pag. 95 Forestallers Corodies Assizes 5. Coroners Pag. 96 Attaint 14 c. Crown 80 Marshalsey 3. Murder Pardon Parliament 18 c. Riots Robberies Sheriffs Corporation Pag. 96 Corn 8. Drapery 150. c. 162. c. 186. c. 224. c. 234. 291. Escheators 19. 30. Fish Forcible entry Franchiser 29 Hespitals 7 5. Labourers London 7. Merchants 3. Monopolies 6. Mortmain 18 c. Musters 10. Norwich 8 9. Oyle Parliament Perjury Towns Corpus cum causa Pag. 97 Cosinage Ayel c. Pag. 98 Costs Damages Eâ—iâ—lence 2 Cottages Pag. 98 Coverlets Norwich Counterfeit Letters c. Pag. 90 Counterpleader Advowson 12 County and Turn Pag. 99 Essoyn 3 Evidence 1 Shâ—riffs 49 c. Wales 143 Coopers Pag. 100 Court Bâ—ron Essoyâ— 3 Courts Pag. 102 Crown 158 c. Deceit 1 2 Essoyn 3 Cross-bowes and Hand-guns Pag. 107 Playes Crosses Pag. 109 Crown Pag. 110 Ability 2 Approvements 9 Cui in vita Pag. 132 Culhamsord Bridges 1 Cumberland Corn 2 Currier Cordwainers Customs Cuttomers and Controllers Pag. 132 Account 5 Actions popular 10 Brass 17 c. Cordwainers 2 c. 70 Crown 114 Debt to the King 23 Horses 2 c. Malt 12 Merchants Officeâ—s Ships 1.13.15 Staple 5 c. Wines Wools 7 8 11 Customs and Services Tenure Customs and usages Pag. 136 Custos Rotulorum Pag. 136 Cutting Dams Heads of Ponds Conduits Pipes Tongues and Fars Burning of Carts c. Fish 42 Cutpurses Clergy 32. D. DAyes Festival Holy Dayes Dayes in Bank Pag. 137 Damages and Costs Pag. 141 Damms Cutting Damms Darrein Yresentment Pag. 142 Advowson Assises 4 Dayes in Bank 5.22 Essoyn 1.15 Justices in Eyre 3. Debt Pag. 142 Process 3 Debt to the King Pag. 144 Debt 4 Distresses 2 11. England and Scotland 8 Exchequer 5 Protection 2 Receivers Sheriffs 12 Deceit Pag. 146 Process 14 c. Decies tantum Pag. 147 Declaration Pag. 147 Dedimus potestatum Commissions Déeds and Writing Pag. 147 InrolemeÌ„nts Default Dower 4 Delegates Rome 4 Demurrers Pag. 147 Denizens Aliens Descent Ability 2 3 5. Det Debt Det to the King Pag. 144 Debt to the King Detinue Process 3 Devise Wills Devonshire Drapery Dying and Dyers Drapery 70 c. 108 c. 212 229. Dilapidations Pag. 148 Disceit Pag. 148 Deceit Discent Descent Discontinuance of right or estate Pag. 148 Discontinuance of process Pag. 149 Dismes and Quinzismes Account 6 Dispensations Pag. 150 Diffeisin Assizes 2 3. Entry Entry lawful Distresses Pag. 150 Debt 1 Debt to the King 1 Freehold 1 Mesne Sewers 19 Tenure Divine Service Appeals to Rome 2 Arrests 2 3. Crown Divorces Appeals to Rome 1 Dogges Forrests Hunters Dorneckâ—s Noâ—wich Dover Pag. 152 Dower Pag. 152 Aide of the King 3 Dayes in Bank 3 4.11.18 Discontinuance Entry Essoyn 1.23.15 Justices in Eyre View Women Drapery Pag. 153 Customs 16 Driving of Forrests and Commons Forrests Drunkenness Alehouses 12. c. 23. Dures Pag. 182 Felony 19. Durham Pag. 182 Certificate of the c. Sutton Esq Vagaboads 10.25 E. ECclesiastical furisdirtion Pag. 183 Ability 14. Bishops 9. c. Crown 4 â— t. Election 12 Jurisdiction Tithes Ecclesiastical persons Religions persons Edon in Cumberland Bridges 14. Egges Feasants 2 Wild-fowl Egyptians Pag. 183 Election Pag. 184 Elegit Execution 1. Ely Horses 25. Embracery Execution of Statutes Informers 8. Maintenance 8. Encumbent Parson Endictments Indictments English-men Pag. 185 England Scotland Pag. 185 Englishire Pag. 187 Engrossers Forestallers Enquests Jurors Enrollments Inrollments Entry and Writs of Entry Pag. 187 Dayes in Bank 20. Entry lawful Pag. 187 Entry with force Forcible entry Error Pag. 187 Damages 8 Execution 7. London Escape Pag. 190 Eschange Pag. 190 Customs 2. Money Eschequer Pag. 191 Admeasurement of Pasture Common Pleas 2. Commissions 2. Sheriffs 55 c. Wards 68. Escheat Contra formam collationis Escheators Pag. 191 Account 5. Assises 2. Commissions 1. Debt to the King 15. Eschequer Livery Sheriffs 15. Vacation of Bishopricks Escuage Pag. 201 Essoyn Pag. 202 Dayes in Bank Estovers Assises 5. Estrepement Pag. 203 Wasie Estreats Pag. 203 Corn 6. Eschequer 17. Highwayes 8 9 10 17. Justices in Eyre Justices of Peace 14. Labourers 36. Musters 1. Sewers 40. Sheriffs 1 2 52. Evidence Pag. 205 Erception Pag. 205 Excester Merchants 88. Exchange Eschange Ercise Pag. 205 Exchequer Eschequer Excommunication Pag. 208 Attaint 41. Crown 135. Excommunicato capiendo Pag. 209 Execution Pag. 210 Corpus cum causa Debt 2 3. Execution of Statutes Pag. 214 Executors Pag. 214 Administrators Courts 22. Crown 134 141. Debt for the King 2 21. Rents Exemplifications Grants Exigent and Utlawry Pag. 216 Addition 1. Exportation Drapery 10 52 76 77 79 80 101 197 c. Ships Extortion Pag. 219 Actions popular 7. Ordinaries F. FAir pleader Beaupleader Fairs and Markets Pag. 219 Calves 1. Mortmain 10 False Judgment Pag. 221 Falsifying of Recoveries Recoveries Fasting dayes Holy-dayes Faulcons Hawks Fealty Homage Fees Pag. 222 Atturney 12 13 Feoffments Pag. 222 Felony and Felons Pag. 223 Amendments 7 Armour 7 Captains 4.8.16 Clergy Conjuration England and Scotland Escape Forfciture Forger of false Deeds Hawks Indictments Mainprize Plague 7 Purveyors 10.15.23.32.34.37 Rape Robberies Ships 45 Staple 11.18 Triall Vagabonds 5.16.17 Wales Felts Hats Fennes Pag. 225 Approvements 3 c. Fermes and Fermers Sheep 8 Wast 5 Feasants Partridges Pag. 205 Feather-beds Upholsters Fieri facias Execution Fighting and quarrelling Pag. 228 Fines Pag. 228 Chester 10. c. Chirographer Error 3 c. Felony 23 Wales 152 c. Fines to the King Pag. 232 Finors Gold First-fruits tenths Pag. 232 Courts Fish fishers fishing Pag. 237 Clap-bord Havens 1 c. Ships 17 c. 44 c. Five Ports Ships 33.40 41 Triall 8 Weights 62 Flar and Demp Pag. 242 Flocks Drapery 35.51.139.215 c. 242.295 Fools Lunatiques Mad-men Pag. 242 Wards 58 72 Wills 22 Forcible Entry Pag. 243 Assizes 20 Process 13 Forests Chases Parks and Warrens Pag. 244 Cross-bowes 7 Felony 5 Horses 7. 17. Forfeiture Pag. 248 Forger of false Déeds Pag. 250 Forma pauperis Dà mages 11 Poor people 1 Formedon Limitation 16 Uses 2 Forestallers Regradors Ingrossers Pag. 251 Fortresses Castles Fowlers Feasants 10 Frayes Assault Frank-marriage Dower 4 7 Franchises and Liberties Pag. 253 Arrests 1 Attourney 1 9 Conusance Coroners 7 Custos Rotulorum 3 5 Debt to the King 15 Escheators 29 Estreats 8 Fairs 5 Mortmain 10 Sheriffs 26 Fraud and Collusion Collusion Feoffment 1 Felony 23 Forfeiture Suit Fraudulent Conveyances Pag. 258 Freehold Pag. 260 Attaint 1 Freight Ships Frie of Fish Fish Fuest Pag. 260 Fullers Drapery Fugitives beyond Sea Forfeiture Fustians Pag. 262 G. GAmes Pag. 262 Actions popular 9 Playes 12 c. Gaol and Gaolers Executors 12 Prison Protection 5 Sheriffs
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
III. Stat. 51 H. 3. Concerning general Days in a Writ of Dower If the Writ come in Octabis Mich. Quindena Mich. Tres Michael Mense Mich. Crastino Anim. Crastino Mart. Octabis Mart. Quindena Mart. Octabis Hill Quindeno Hill Crastino Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crast ascens Octabis Trin. Quindena Trin. Crast Johannis Octabis Johan nis Quindena Johannis Day shall be given untill Crastino Animarum Crast Martini Octabis Martini Quindena Mart. Octabis Hillarii Quindena Hillarif Crastino Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Crastino Ascens Octabis Trin. Quindena Trin. Crast Joh. Bapt. Octabis Joh. Bapt. Quindena Johannis Octabis Mich. Quindena Mich. Tres Michael Mense Mich. Crastino Anim. IV. Marlbridg 12. 52 H. 3. In Dower unde nihil habet four days shall be given in the year and more if conveinently may be so that they shall have five or six days at least in the year V. In Assizes of Darreign presentment and a Plea of Quare impedit days shall be given from fifteen to fifteen or from three weeks to three weeks according to the distance of the place VI In a Quare impedit if the Disturber come not in upon summons nor cast an Essoine he shall be attached at another day when if he come not nor cast an Essoine the great distress shall issue against him when if he come not a Writ shall be sent to the Bishop that the Disturber claim not for that time to the prejudice of the Plaintiff saving unto him his right at another time VII The same Law shall be observed for Attachment as for Distresses so that the second Attachment shall be made by better pledges and after the last Distress VIII Stat. 32 H. 8.21 There shall be onely four days of Return in Trinity-Term viz. Crast Trin. Octab. Trin. Quindena Trin. and Tres Trin. IX This Term shall hereafter begin upon the Munday after Trinity Sunday for keeping of Essoines Profers Returns and other ceremonies formerly used and the full Term shall begin the Friday after Corpus Christi Day being always the Friday next ensuing X. If a writ in any reall Action come in and be returnable Octabis Hill Quindena Hill Crastino Purif Octabis Purif Crast Trin. Octab. Trin. Quindena Trin. Tres Trin. Day shall be given in Crastino Trin. Octab. Trin. Quinden Trin. Tres Trin. Crast Anim. Crast Martini Octabis Martini Quindena Mart. XI If any Writ of Dower come in and be returnable Quindena Paschae Tres Paschae Mense Paschae Quinque Pase or Crast Ascens Crastino Trin. Octabis Trin. Quindena Trin. Tres Trin. Day shall be given in Crastino Trin. Octab. Trin. Quind Trin. Tres Trin. Octab. Mich. Quind Mich. Tres Mich. Mense Mich. XII All common Writs and Processes as well personal as mixt shall keep the said returns of Trinity-Term ordained by this Act. XIII This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes as have used to have special days assigned XIV The said Statute of Marlbidge 12 and also 5 E. 3. which see in attaint being not contrariant to this Act shall remain firm notwithstanding this Act. XV. Stat. 16 17 Car. 6. There shall be onely six days of return in Michaelmas Term viz. Tres Michael Mense Michael Crast Anim. Crastino Mart. Octabis Mart. and Quindena Mart. XVI Michaelmas Term shall hereafter begin at Tres Mich. for the keeping of Essoines Profers Returns and other ceremonies heretofore used and the full Term shall be four days after Howbeit if the beginning of the Term or the said fourth day happen to be Sunday then the next day is to be kept for it XVII If any Writ in any real action other then writs of Entry for common Recoveries writs of right of Advowson and Writs of Dower unde nihil habet hereafter mentioned come in and be returnable Tres Mich. Mense Mich. Crastino Anim. Crastino Mart. Octab. Mart. Quindena Mart. Octab. Hill Quindena Hill Crast Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crast Ascens Crast Trin. Octab. Trin. Quind Trin. Tres Trin. Then day shall be given Crastino Purif Octabis Purif Quind Paschae Tres Paschae Mense Paschae Quind Pasch Crast Ascens Crast Trin. Octab. Trin. Quindena Trin. Tres Trin. Tres Mich. Mense Michaelis Crastino Anim. Crast Mart. Octab. Mart. Quindena Mart. Octabis Hillarii Quindena Hillarii XVIII Provided that in Writs of Dower unde nihil habet after issue joyned 15 days betwixt the teste and the Term shall suffice as is used in personal actions XIX Crastino Ascens shall be a good return notwithstanding there be not 15 days between the quarto die of that return and the Essoin-day of the return of Crast Trin. Also the return from Tres Mich. to Crast Anim. shall be a good return albeit there be not 15 days between the Quarto die of Tres Mich. and the Essoin days of Crast Anim. XX. All Writs of Summons ad warrantizandum against Vouchees upon common Recoveries had in Writs of Entrie upon the apparance of the tenant and all Writs of Right of Advowson shall be abridged to five Returns as Writs of Summons ad warrantizandum in Writs of Dower have been heretofore used XXI This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes as have used to have special days assigned XXII The days in Assize of Darreign Presentment and in Plea of Quare impedit limited by the said Statute of Marelbridge and also the days given in Attaint limited by 5 E. 3 8. and 23 H. 8.3 which see in Attaint being not contrary to the tenour of this Act shall be held firm notwithstanding this Act. Damages and Costs I. Glocester 1. 6 E. 1. Damages are given in Assizes of Novel disseisin as well against the alienee of the disseisor as against the disseisor himself so that every one shall answer for his time II. The disseisee shall recover damages in a Writ of Entrie upon Novel disseisin against him that is found tenant after the disseisor III. Damages shall be awarded in all cases where one recovereth in an Assize of Mortdancester And also in Writs of Cosinage Ayel and Besayel IV. The Demandant may recover against the Tenant the costs of his Writ together with the damages aforesaid and this Act shall hold place in all cases where the party is to recover damages V. Glocester 14. 6 E. 1. Disseisees in London shall have damages by Recognisance of the same Assize whereby they recovered their lands and the Disseisors shall be amercied before two Barons of the Exchequer which shall resort once a year into the Cities to do it and the Barons and Treasurer shall cause it every year to be levied by two of them at their rising after
Candelmas And the Amerciaments shall be levied by summons of the Exchequer to the King's use VI. Exposition of Glocester 6 E. 1. where any have entred by a Disseisor the damages shall run from the time of the Statute published VII In Writs of Entrie sur disseisin Mortdancester Cosinage Byel and Besayel and touching intrusion or of ones own act by any manner of Writ the damages shall run after the Writ purchased against them that held since the Statute albeit their Ancestors died seised thereof VIII Stat. 3 H. 7.10 Where any person bound by a judgement shall sue before execution had a Writ of Error to reverse it if the judgment be affirmed the Writ discontinued or the party that sueth it be nonsuit the party against whom the Writ is brought shall recover his costs and damages at the discretion of the Justices before whom the said Writ is sued IX Stat. 19 H. 7.20 The Statute of 3 H. 7.10 is confirmed and shall be duly put in execution X. Stat. 23 H. 8.15 If the Plaintiff be nonsuit or overthrown by lawfull triall in any action Bill or Plaint for trespass upon the Statute of 5 R. 2.7 which see in forcible Entrie 1. or for any debt or covenant upon specialty or contract or for detinue account upon the case or upon any Statute the Defendant shall in such case have his costs to be assessed by the Judge or Judges of the Court and to be recovered as the Plaintiff might have recovered his in case Judgment had been given for him XI Here he that sues in forma pauperis shall not pay costs but suffer such punishment as the Justices or Judge of the Court shall think sit XII Stat. 24 H. 8.8 There shall be no costs awarded to the Defendant when any action is sued to the King's use XIII Stat. 43 El. 6. In personal actions in the Courts at Westmin being not for land or battery when it shall appear to the Judges and so by them signified that the debt or damages to be recovered amount not to the summe of 40 s. or above the said Judges shall award to the Plaintiff no more costs then damages but less at their descretion XIV Stat. 4 Ja. 3. If the Demandant or Plaintiff be nonsuit or overthrown by lawful trial in any action whatsoever the tenant or Defendant shall have costs to be assessed and levied as costs are to be assessed and levied by the Stat. of 23 H. 8.15 XV. Stat. 21 Ja. 16 In Actions of Slander if the Jury find or assess the damages under 40 s. the Plaintiff shall recover no more costs then damages Darrein Presentment I. Magna Charta 13. 9 H. 3. Assizes of Darrein Presentment shall be taken before the Justices of the Bench and there shall be determined Debt I. West 2. 13 E. 1. None shall restrain a forreigner in any City Burrough Town Market or Fair for any debt wherefore he is not debtor or pledge in pain to be grievously punished and if he be the distress shall be re-delivered without delay by the Bailiff of the place or the King's Bailiff if need be II. Stat. 1 R. 2.12 No Warden of the Fleet shall suffer any prisoner being in by judgment to go at large by mainprize Bail or Baston without agreeing with the party for the thing adjudged unless it be by Writ or other command of the King in pain to lose his Office III. The Warden being attainted thereof by due process the Plaintiff shall have their recovery against him by Bill of Debt IV. If any person being judged to another prison shall with purpose to be removed to the Fleet and their to have more liberty confess himself Debtor to the King the said Recognizance shall be received and if he be not Debtor to the King upon record he shall be remanded and their remain untill he hath agreed with the party and afterwards shall be sent to the Fleet and there remain untill the King be satisfied the Cognizance V. Stat. 2 R. 2. Parl. 2.3 Where a Debtor makes a fraudulent conveyance to defraud the Creditor if upon the Capias for the debt the Sheriff return he hath not taken him because of some priviledged place where he lies the Sheriff shall have another Writ to make proclamation once a week five weeks together at the gate of the priviledged place that the party appear at the day comprized in the last Writ and then upon return of the said last Writ that proclaimation is made accordingly if the party appear neither by himself nor his Attorney judgment shall be given against him upon the principal for his default and also the Collusion being proved Execution had of all his goods and lands without the place priviledged as well those demised as others VI. Stat. 3 Jac. 15. Every Citizen and Freeman of London and every other person there inhabiting being a Tradesman Victualler or Labourer which hath any debt due to him not amounting to 40 s. by any such person as aforesaid may cause the debtor to be summoned to the Court of Requests at Guildhall upon a writing to be left at the debtors house by an officer of the same Court or by some other reasonable warning to appear before the Commissioners there who or any three of them shall have power to make orders therein to be registred in a Book and duly observed by both parties VII The Commissioners also or any three or more of them have power to administer oaths both to the parties and witnesses VIII If any such person as aforesaid for any such debt commence any suit elsewhere against any other like person and that it appear to the Judge upon the Defendants own oath or other sufficient testimony that he is a Freeman or inhabitant of London as aforesaid and also that the damages sued for amount not to 40 s. the said Judge shall not allow to the Plaintiff any costs of suit at all but shall award to the Defendant his reasonable costs IX None shall refuse to appear upon due summons or to obey the Commissioners orders in pain to be imprisoned in one of the Counters of the said Officer or any other of the Serjeants at Mace of the City there to maintain untill their orders be performed X. This Act shall not extend to any debt for rent real contracts or concerning Testaments Matrimony or any thing belonging to the Ecclesiastical Court XI Stat. 7 Ja. 12. None keeping a Shop-book his Executors or Administrators shall be allowed to give it in evidence for wares or work above one year before the Action brought unless they having obtained a Bond or Bill for the debt or brought an Action thereupon within one year before the wares delivered or work done XII This Act shall not hold place between Merchant and Merchant Tradesmen and Tradesmen or Merchant and Tradesman for any thing falling within the compass of their mutual Trades and Merchandize Debt to the King I. Magna Charta 8. 9 H. 3. The
Per quae servitia shall be entred upon Record unless the party attorning have first appeared in Court or by Attorney warranted under the hand of a Justice of one of the Benches or of Assize And every Attornment otherwise made shall be void without any Writ of Errour or other means to be used for the avoiding thereof IX There shall be an office for the inrolments of Writs for fines and recoveries and one of the Justices of the Common-Pleas besides the chief Justice shall have the care thereof and shall have for the inrolment and examination of every fine with the parts thereof 6 s. 8 d. and as much for a Recovery and the parts thereof and for every exemplification of them 5 s. and for the search of every year 4 d. and for every sheet of a Copy containning 14 lines 4 d. and shall subscribe his name to the Roll after he hath so examined it in pain of 5 l. X. The said Justice shall have power to punish the officers who manage that imployment by fine or amerciament for their misprision or negligence therein which shall be estreated amongst the fines and amerciaments of that Court. XI The Chirographer shall the first day of every Term fix in the Court of Common-Pleas a Table of each County containing a true content of the fines passed in any one Term and shall also deliver the like to each Sheriff in pain of 5 l. and the Sheriff shall fix it up in the Court at the next Assizes in like pain of 5 l. The said forfeitures are to be divided betwixt the Queen and the prosecutor and the Chirographer's fee for every such content is 4 d. XII The Records shall not be carried out of the Office of Inrolments and Fines and recoveries already passed and exemplified shall not be afterwards amended XIII Stat. 27 El. 8. Where a judgment is given in the King's Bench in debt detinue covenant accompt action upon the case ejectione firma or trespass first commenced there other then such where the Queen is party the plaintiff or defendant may sue forth of the Chancery a Writ of Errour commanding the chief Justice to cause the Record to be brought before the Justices of the Common Pleas and Barons of the Exchequer into the Exchequer-chamber which Justices and Barons or any six of them being of the Coif have there power to examine and reverse or affirm the said judgment other then for errour concerning the jurisdiction of the King's Bench or for want of form in any Writ Return Plaint Bill Declaration or other proceeding whatsoever and after such judgment reversed or affirmed the said record shall be remanded that the King's bench may proceed thereupon as shall appertain yet such reversal or affirmation shall not be so final but that the party who finds himself grieved may still sue in Parliament as before XIV Stat. 31 El. 1. The not coming of the Chancellor and Treasurer at the day of adjournment in any suit of Errour depending by force of 31 E. 3. Stat. 1. cap. 13. shall not be any discontinuance of the Writ of Errour But if both the chief Justices or either of those great Officers be there it shall be no discontinuance Howbeit no judgment shall be given therein unless both those Officers be there present XV. Any three of the Justices of the Common Pleas or Barons of the Exchequer may receive Writs of Errour award process thereupon and prefix days of continuance for such Writs notwithstanding the Statute of 27 El. 8. but no judgment shall be given therein without the full appearance of six according to that Statute and here also the party that finds himself grieved may sue in Parliament as before XVI Stat. 16 Car. 2. ca. 2. For preventing abatement of Writs of Errour upon judgments in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any writ of Errour to be sued forth by vertue of the Stat. 31 E. 3. ca. 12. recited in the Statute 31 El. ca. 1. shall not cause any abatement or discontinuance of any such Writ of Errour But if both the chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer chamber and there be present at the day of Return of any such Writ of Errour it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellor and Lord Treasurer had come and been present at the day and place of return of such Writ Provided no Judgment be given in any such suit or writ of Errour unless both the Lord Chancellor and Lord Treasurer shall be present thereat XVII An Act to prevent Arrests of Judgment and staying Executions by Writs of Errour and Supersedeas Vid. Title Execution num XI ☞ Escape I. West 1.3 3 E. 1. Nothing shall be taken for the escape of a felon until it be judged an escape by the Justices in Eyre in pain of restoring as much to the party grieved and as much also to the King II. Stat. 31 E. 3. Stat. 1.14 The escape of felons and the chattels of felons fugitives and Clerks convict adjudged by the King's Justices shall be levied as they shall fall III. Stat. 1 R. 3.3 Justices of Peace have power in Sessions to inquire of escape of felons Eschange I. Stat. 9 E. 3.7 Exchanges shall be kept where it shall please the King and his Council II. Stat. 25 E. 3. Stat. 5.12 Every man may exchange gold for silver or silver for gold or for gold and silver so that no man hold the same as exchanged nor take profit for such exchange in pain to forfeit the money so exchanged except the King's exchangers which take profit for such exchange according to the ordinance before made Note that this Statute is thus also recited in 5.6 E. 6.19 Howbeit the French Copy in stead of so as no man hold the same as exchanged hath it thus issint que nul home teigne comen eschange and so the mistake seems to be in the word come which should have been comen and Rastal in the first Edition of his Abridgment which I have renders it thus null preigne riens pur eschange dor pur argent on è contra sur pain de forfetter del mony issint change for priss changours le Roy quex pregneront solunque lordinante ent fait III. Stat. 14 R. 2. Stat. 1.2 For every Exchange the Merchant shall be bound in Chancery to buy within three moneths after such exchange Merchandise of the Staple to the value of the summ exchanged in pain to forfeit the same IV. Stat. 11 H. 4.8 The Statute of 14 R. 2. shall be duly executed and the Lord Chancellor shall send the estreats or exchanges taken of Merchants into the Exchequer every 15 dayes and the Barons there shall have
to be paid by the maker ob Vineger beer by the common brewer every barrel 6 d. Every gallon of Strong-water or Aquavitae sold to be paid by the maker 1 d. Every barrel of Beer imported from beyond Sea 3 s. Every tun of Sider or Perry imported 5 s. Every gallon of Spirits made of Wine or Sider imported from beyond Sea 2 d. Every gallon of Strong-water imported 4 d. Every gallon of Coffee sold to be paid by the maker 4 d. Every gallon of Chocolate Sherbet and Tea sold by the maker 8 d. II. The rates upon forein liquors imported shall be paid by the Merchants importing in ready money before landing thereof III. All common Brewers of Beer and Ale shall once in every week And all Inn-keepers Alehouse-keepers Victuallers and retailers of Beer Ale Sider Perry Metheglin and Strong-water every moneth make particular entries thereof at the office of Excise within their limits IV. All common Brewers for omitting such entries shall forfeit 10 l. Inn-keepers 5 l. and Alehouse-keepers 20 s. for every default V. Common Brewers not paying their duties within a week after entrey shall pay double the value Inn-keepers Alehouse-keepers Victuallers and retailers not paying within a moneth after entrie shall pay double the value VI. Provided none dwelling in Market-towns be compelled to make entries or payment but in the said Town none other dwelling out of such Market-town but in the next Market-town to the place where he inhabiteth VII The Commissioners and Sub-commissioners appointed by the King may under their hands and seals appoint so many Gagers as shall be needfull who may enter into the houses of Brewers Inn-keepers c. to gage all Coppers Fatts and Vestels in the same and thereof make return in writing to the Commissioners and Sub-commissioners of Excise under whose office and limits they live and upon refusal may forbid the parties to sell any Beer c. and 10 l. forfeiture if the party shall afterwards sell VIII The Gagers shall return 36 gallons after the Ale-quart for a Barrel of Beer IX Brewers and Retailers shall observe the usual prices saving the Excise to the Brewer X. Allowance shall be made to the Brewers for wast and leakage viz. 3 barrels upon 23 for Beer and 2 barrels upon 22 for Ale which upon false entry proved before the Commissioners of Excise or any 2 of them the Brewer shall lose and forfeit the said allowance for 6 moneths XI Brewers shall deliver no Beer to Retailors until the Excise be paid Provided persons being no common Brewers paying the Excise shall not be subject to the penalties in this Act. XII Commissioners may compound for the Excise with Inn-keepers Alehouse-keepers and Victuallers within their devisions XIII The Lord Treasurer or such Commissioners as the King shall appoint may contract with persons for the farming any the rates or duties in this Act for any term not exceeding 3 years XIV Provided persons to be appointed by the Justices of the Peace within six moneths after this Act to have the refusal of contracting for the Excise in their respective Counties XV. Forfeitures and offences upon this Act in London shall be heard and determined before the Commissioners of Excise or Commissioners of Appeal and in the several Counties before 2 Justices of the Peace and upon their neglect or refusal by 14 days space after complaint and notice to the offendor then the Sub-commissioners for the Town or place c. or major part of them to hear and determine the same saving an appeal in case of wrong to the quarter Sessions who are to summon the parties and may proceed to levy the forfeitures within this Act. XVI Provided the said forfeitures and penalties may be mittigated or compounded 3 fourth parts of which shall go to the King and one fourth to the informer XVII One principal office of the Excise erected in London to be mannaged by such officers as the King shall appoint XVIII None shall be capable to meddle in any office of the Excise until he shall before 2 Justices of the Peace or one of the Barons of the Exchequer take the Oath of Supremacy and Allegiance and the Oath following You shall swear to execute 〈…〉 truely and faithfully without favour or affection and shall from time to time true accompt make and deliver to such person and persons as his Majestie shall appoint to receive the same And shall take no fee or reward for execution of the said office from any other person then from his Majesty or those whom his Majesty shall appoint in that behalf XIX London Westminster Southwark and Parishes under the bills of Mortality shall be under the goverment of the head office and be open at certain times of the day XX. The General issue may be pleaded in any action brought against persons doing any thing in execution of this Statute and the defendant upon nonsuit or verdict for the the defendant to return double costs XXI Writs of raciorari shall supersede no proceedings See Accompt num XI XXII See Stat. 1. 5 Car. 2. cap. 12. Stat. 3. An additional Act for better ordering and collecting the duty of Excise and preventing the abuses therein and Stat. 15 Car. 2. cap. 13 Stat. 3. An explanation Act for recovery of the Areares of Excise not pardoned by the Act of Oblivion XXIII Stat. 16. 17 Car. 2. cap. 4. After the 8 of November 1665 all Farmers of Excise or any of them within their respective devisions may use and put in execution all such powers as Commissioners or Sub-commissioners of Excise may by several Statutes for Excise for the levying the same Except the judicial part for determining offences and imposing or mitigating or compounding fines or penalties Excommunication I. Sententia lata super Chartas 38 H. 3. Vide Rast Excom 1. In the year 1254 by the concent and in the presence of the King the Lords and other estates of the Realm Boniface Arch-bishop of Canterbury and all the other Bishops then present being apparelled in Pentisicals with tapers burning do in Westminster hall solemnly denounce a heavy curse and Excommunication against all such as shall violate or break the liberties of the Church or Customs and Liberties of the Realm and especially contained in Mag. Char. and Cart. de Foresta II. Articuli Cler. 7. 9 E. 2. The King's letters that Ordinaries shall absolve excommunicate persons shall not issue forth any more unless it be found that the King's liberty is prejudiced by such Excommunication III. Articuli Cler. 12 9 E. 2. The writ of Excommunicato capiendo shall not be denyed for the priviledge of being of the King's tenure and that the party ought not to be cited out of their Parish IV. Stat. 9 E. 3. Writs are ordained for the Bishops to excommunicate all perturbers of the peace of the Church and King felons maintainers and conspirators of felonies false Jurors and maintainers of false quarrels every Sunday and double feasts c. in
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
the said mis-doers and them and others to examine and to punish them according to the Statutes in that behalf made in like manner as if they were convict by due order of Law II. Stat. 21 H. 8.90 The President of the King's Council shall be associate with the Lord Chancellor c. for the examination and punishment of the mis-doers aforesaid according to the said Statute of 3 H. 7.1 and other Statutes thereof made Executors I. West 2.23 13 E. 1. Executors shall have a Writ of accompt and like action and process in the same Writ as their testator should if he had lived II. Stat. 4 E. 3.7 Executors shall have an action for a trespass done to their testator as for his goods and chattels carried away in his life and shall recover their damage in like manner as he whose executors they shall have done if he had lived III. Stat. 9 E. 3. Stat. 1.3 In a writ of debt brought against executors they shall have but one Essoin amongst them all before apparence and another after so that they shall not fourch by essoin IV. Here though the Sheriff upon the Summons return nihil yet an attachment shall be awarded and upon nihil also returned thereupon the great distress and then he or they that appear shall answer V. Albeit some of them after apparence make default at the return of the great distress yet shall he or they be put to answer that first appeared at the great distress so returned VI. If judgment pass for the Plaintiff he shall have judgment and execution against them that have pleaded and against all others named in the Writ of the Testators goods as well as if they had all pleaded VII Any may sue in this case according to the law formerly used if he please notwithstanding this Statute VIII Stat. 25 E. 3. Stac 5.5 Executors of Executors shall have actions of debt account and of goods carried away of the first testators and execution of Statute-merchants and Recognizances made unto him and shall also answer to others so far forth as they shall recover of the first testators goods as the first executors should have done IX Stat. 33 H. 6.1 Where servants after the death of their Lords or Masters do imbezil their goods after full information thereof made to the Lord Chancellor by the executors or two of them of such spoil made the said Lord Chancellor by advice of the two chief Justices and chief Baron or two of them shall have power to make such writs to be directed to such Sheriffs as to them shall seem fit to make proclamation in such places within twelve days after delivery of the said writs as to the said Chancellor by the advice aforesaid shall seem reasonable that the offenders appear in the King's Bench at the day limited in the Writ which Proclamation shall be made 15 days before the day apparence when if the offendor appear not he shall be attainted of felony X. If the party appear the Justices shall commit him to prison there to remain until he hath answered the executors in their actions and the same actions be determined provided that they be pursued with effect and not slackly XI The offender may be bailed by the Justices of that Bench procuring two sufficient persons to be bound with them to the executors by recognizance in the same Court to keep such day as he shall have by the same Court XII The Gaoler shall not let them go at liberty without the Justices order in pain of 40 l. XIII Stat. 21 H. 8.4 That part of the executors which take upon them the charge of a Will may sell any land devised by the restator to be sold albeit the other part which refuse will not joyn with them XIV Stat. 43 El. 8. If any person shall obtain any goods or debts of an Intestatee or releases or other discharge of any debt or duty which belonged to the Intestatee by fraud as by procuring the administration to be granted to a stranger of mean estate and not to be found with intent thereby to obtain the Intestatee's estate and not upon valuable consideration or in satisfaction of some just debt answerable to the value of the goods so obtained in such case such person shall be chargeable as executor of his own wrong so far as the value of the goods or debts so obtained shall amount unto Howbeit he shall also be allowed such reasonable deductions as other Executors or Administrators ought to have Exigent and Utlawry I. Stat. 5 E. 3.12 Where the Plaintiff recovers damages and the Defendant is thereupon outlawed no pardon shall be granted except the Chancellor be certified that the Plaintiff is satisfied his damages II. Where one is outlawed by processes before apparence no pardon shall be granted except the Chancellor be certified that the person is outlawed hath yielded himself to Prison before the Justices of the place from whence the Exigent issued III. If the outlawry happen to be before the Justices of Oyer and Terminer and those Justices be risen before he yield himself before them in that case he shall do it in the King 's Bench. And then the record thereof being removed thither by writ a Scire facias shall issue to the Plaintiff to warn him to appear at a certain day at which if the warning be duly executed and the Plaintiff appear then shall they plead upon the first original as though no outlawry had been but if he come not the outlawed person shall be delivered by his Charter and note that all such Charters are of the King's grace as before they have been IV. Stat. 5 E. 13. If any will defeat an Outlawry by reason of imprisonment testified by the Sheriff or others having no record let the party yield himself to prison and then the Justices shall cause the Plaintiff to appear at a certain day at which day the averment of such outlawed person shall be received and so also shall the King's Counsel or prosecutor have their averment against such restimony V. Stat. 18 E. 3 Stat. 1. Exigents are to be awarded against Receivers of the King's money or woll which detain the same and against such as transport wool not cocketed or customed confederators and conspirators of quarrels rioters and such as bring in false money if they cannot be found or brought in by attachment or distress and not against any other VI. Stat. 18 E. 3. Stat. 2.5 No Exigent shall go forth against one indicted for trespass unless it be against the Peace or of the things contained in 18 E. 3. Stat. 1. VII Stat. 6 H. 8.4 In personal actions if the defendant is sued in a County where he dwells not and an Exigent awarded thereupon no outlawry shall be had before a writ of Proclamation be also awarded and returned by the Sheriff of the County where the Defendant is or lately was dwelling and if the Defendant dwell in the place where the King 's Writ
runneth not it shall be directed to the Sheriff of the County next adjoyning thereunto VIII By this Writ the Sheriff shall make three Proclamations at three several days viz. twice in full County and once at the general Sessions that the defendant shall yield himself unto him and it shall have the same day of return with the Exigent IX This Writ shall be delivered of record to the Sheriff or his Deputy who shall duly execute the same in pain of amerciament and the officer that makes the Exigent shall also make the writ of Proclamation for which his fee is 6 d. X. All outlawries otherwise obtained are null and may be voided by averment without suing of any writ of errour XI Stat. 1 E. 6.10 The Statute of 6 H. 8.4 shall be observed in Wales and in the County and City of Chester as well as in other parts of the Realm of England XII The Sheriff of Wales and of Cheshire and Chester shall have Deputies in the King's Bench and Common Place as other Sheriffs have and upon like penalties XIII All processes against any outlawed person in Wales shall be directed to the Sheriffs in Wales as immediate officers to the King's Bench and Common Pleas and may be delivered of Record to their said Deputies in Court and shall be duly executed and returned by those Sheriffs upon the pain above limited who shall also for a false or non-return forfeit 5 l. to be divided betwixt the King and the prosecutor XIV This Act shall not infringe any franchises and liberties in Wales otherwise then by the true meaning thereof is provided Nor yet of any Lord Marcher there but that they and their heirs may injoy the same liberties as before XV. Stat. 5 6 E. 6.26 The like Statute is made for the County Palatine of Lancaster save onely that all processes against any outlawed person there shall be first directed to the Chancellor of that Dutchey who shall thereupon make like writs and processes to be sealed with that seal and directed to the Sheriff of that County Palatine as heretofore hath been used XVI Stat. 31 El. 3. In every action personal where an exigent shall be awarded a writ of proclamation shall be also awarded and issue out of the same Court of the same teste and return with the exigent and shall be delivered of Record and directed to the Sheriff of the County where the defendant at the time of the exigent was dwelling and shall contain the effect of the same Action XVII The Sheriff shall thereupon make three Proclamations viz. one in a full County another at the Sessions and the last one moneth at least before Quinto exact by vertue of the said exigent at or near the Church or Chappel-door of the Parish where the defendant was dwelling at the time of awarding the same exigent upon a Sunday after Divine service and Sermon or in case there be no Sermon after Divine service And if he dwell in no Parish then in the Parish next adjoyning his place of abode and all outlawries otherwise had shall be void XVIII The officer for making the exigent and Proclamations may take such fees for the same as are limited by the Statute of 6 H. 8.4 and the Sheriff for making the Proclamation at the Church-door shall have 12 d. XIX In real actions after summons upon the land 14 days at least before the return thereof Proclamation of the summons shall be made upon a Sunday in form aforesaid in the Parish where the land lies which Proclamation shall be returned with the name of the summoners XX. If the summons be not so proclaimed no Grand cape shall be awarded but an Alias and Pluries summons until a summons and Proclamation be duly made according to this Act. XXI Before allowance of a writ of errour or reversing of an outlawry by plea or otherwise the defendant in the original action shall put in bail to appear and answer the Plaintiff and also to satisfie the condemnation if the Plaintiff begin his suit before the end of two terms next after the allowance of the said writ or avoiding the Outlawry ☞ Extortion * I. West 1 26. 3 E. 1. No Sheriff or other Officer of the King shall take any reward to do his office but shall be paid by the King and if they do so he shall render the double and be punished at the King's will II. West 1.27 3 E. 1. Clerks shall not commit extortion in pain to lose the service of their Master for one year III. West 1.29 3 E. 1. Officers Cryers of fee and Marshals of Justices in Eyre shall not commit Extortion in pain to render the treble and to be otherwise punished at the King's will IV. Stat. 28 H. 6.5 Merchants being distrained or arrested by Officers of the Custom for undue charges and impositions may have their general actions of trespass against such offenders and shall in that case recover 40 l. dammages if they pursue their actions within two moneths V. If they pursue them not within that time any other may do it by Action of Trespass also wherein they shall also recover 40 l. dammages to be divided betwixt the King and such prosecutor Fairs and Markets I. THe Statute of Winchester cap. 6. 13 E. 1. Fairs and Markets shall not be kept in Church-yards II. Stat. 2 E. 3.15 No person shall keep a Fair longer then he ought to do in pain to have it seized into the King's hand until he have made fine for so doing III. Every Lord at the beginning of his Fair shall cry and publish how long it shall indure in pain to be grievously punished IV. Stat. 5 E. 3.5 Merchants after the Fair ended shall close their shops and sell no ware then after in pain to forfeit to the King the double value of the ware so sold whereof the prosecutor shall have a fourth part V. Stat. 27 H. 6.5 Fairs and Markets shall not be kept upon Ascention day Corpus Christi Whitsunday Trinity-sunday the Assumption of the Virgin Mary All-saints Good-friday nor any Sundays the four Sundays in Harvest onely excepted in pain to forfeit the wares so shewed to the Lord of the Franchise there VI. Howbeit they may be kept within 3 days next before or after the said days Proclamation thereof being made before-hand which is to be certified without fine or fee to the King And such as have by special grant sufficient days before or after the said Feast may keep them their full number VII Stat. 17 E. 4.2 No Steward of a Pipowder's Court shall hold plea upon any Action unless the Plaintiff or his Attorney in the presence of the defendant do first swear that the matter of the Declaration was done within the jurisdiction and time of the Fair. And yet the defendant may nevertheless profer an issue against such oath and if it be tried or the Plaintiff or his Attorney refuse to swear the defendant shall be discharged VIII If any
be committed to Prison without bail unless he immediately pay to the use of the poor where the offence was committed or be apprehended 20 s. for every Fowl Hare or Egg so killed taken or destroyed ☞ and after one moneth 's commitment shall before two or more Justices of Peace be bound with two sufficient sureties in 20 l. a piece with condition never to offend in the like kind again XII Every person convicted as abovesaid to keep a Grey-hound Dog or Net to kill or take Deer Hare Fesant or Partride unless he have inheritance of 10 l. per annum a lease for life of 30 l. per annum or be worth 200 l. in goods or otherwise be the son of a Baron or Knight or heir apparent of an Esquire shall suffer imprisonment as aforesaid unless he pay 40 s. to the use abovesaid XIII None shail sell or buy to sell again any Deer Hare Fesant or Partridge except Fesants or Partridges by them reared up or brought from beyond Sea in pain to forfeit for every Deer 40 s. Hare 10 s. Fesant 20 s. and Partridge 10 s. to be divided betwixt the prosecutor and the poor of the Parish where the offence is committed XIV Justices of Assize Justices of Peace in Sessions and two or more Justices of Peace out of Sessions have power to hear and determine these offences XV. None shall by any former law suffer punishment for the same offences for which he shall be punished by this Law XVI This Act shall not restrain one licensed in open Sessions to kill Hawk's meat but then he shall there become bound by recognizance in 20 l. not to kill any of the games prohibited by this law nor to shoot within 600 paces of an Hearnry within 100 paces of a Pigeon-house or in a Park Forrest or Chase whereof his Master is not owner or keeper and the Clerk of the Peace his fee for such a license is 12 d. * XVII Stat. 7 Jac. 11. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have hawked at or destroyed any Fesant or Partridge betwixt the first of July and the last of August shall suffer one moneths imprisonment without bail unless he forthwith pay to the use of the poor where the offence was committed or be apprehended 40 s. for every time so hawking and 20 s. for every Fesant or Partridge so destroyed or taken XVIII He that shall be punished by this Law shall not be punished again by any other law for the same offence XIX This offence shall be prosecuted within six moneths after it shall be committed XX. It shall be lawful for the Lord of a Mannor or any having free Warren inheritance of 40 l. per annum free-hold of 80 l. per annum or goods worth 400 l. or their servants licensed by them to take Fesants or Partridges within their own grounds or Precinct so they do it in the day time and onely betwixt Michaclmas and Christmas ☞ XXI If any of a mean condition shall be convicted by his own confession or by one witness upon oath before two or more Justices of Peace to have killed or taken any Fesant or Partridge with dogs nets or engines he shall by the said Justices be committed to prison without bail unless he forthwith pay to the use of the poor where the offence was committed 20 s. for every Fesant or Partridge so killed or taken and also become bound before one or more Justices of Peace in a recognizance of 20 l. never to offend in the like kind again XXII Every Constable or Headborough upon a warrant under the hands of two or more Justices of Peace hath power to search the houses of persons suspected to have any setting dogs or nets for the taking of Fesants or Partridges and the dogs or nets there found to kill and cut in pieces at pleasure as things forfeited unto the said officers ☞ Fighting and Quarrelling * I. Stat. 5.6 E. 6.4 None shall use any chiding words in the Church or Church-yard in pain of suspension for so long time as the Ordinary shall think fit viz. of a Lay-man ab ingressu Ecclesiae and of a Clerk à Ministerio officii II. He that shall there smite or lay violent hands upon any one is thereby excommunicated ipso facto III. He that is convicted of striking with a weapon there or of drawing it with an intent to strike before Justices of Assize of Oyer and Terminer or of Peace in Sessions by verdict his own confession or two lawful witnesses shall by judgment of the said Justices have one of his ears cut off and in case he wants ears shall be burned upon the cheek with the letter F. and shall stand excommunicate ipso facto Fines I. Stat. de sinibus 18 E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the pleader shall say Sir Justice Conge de accorder Then the Justice shall say What saith Sir R And when the King 's fine is agreed for and the peace cried the Pleader shall declare the substance of the fine II. A final concord cannot be levied in the King's Court without writ original before four Justices in the Bench or in Eyre and it must also be in the presence of the parties who ought to be of full age of good memory and out of prison and if a feme covert be one she must be examined by four of the said Justices and if she consent not the fine cannot be levied III. The reason of such solemnity in the taking of a fine is because it bars all persons of full age out of prison of good memoand within the four Seas the day of the fine levied if they make not their claim of their Action within a year and a day by the Countrey IV. Stat. De finibus levatis 27 E. 1. Stat. 1. It shall be no good exception to a fine that before or at the time of the fine levied the demand of his ancestors were seized of the land contained in the fine or of some part thereof V. Fines shall be openly read at two certain days in the week by the discretion of the Justices and in the mean time all Pleas shall cease VI. The Statute of Carlile 15 E. 2. In Pleas of Warrantia Chartae covenant or other whereupon fines are to be levied before the Justices of the Bench as well the demandants as tenants before such fines pass shall appear personally to the end their age idiocy and other defects if any be may be discerned VII If the party be not able to come before the Justices in the Court then two or one of them by the assent of the rest shall go to the party and receive his Cognizance and if but one go he shall take with him an Abbot Prior or Knight being of good fame and credit VIII The Commissioners that take the Cognizance
shall receive and allow the same also all deeds and obligations made to the King's use which concern the said lands may be there inrolled without fee. XXXVI Provided that the King's Officers may keep Court within the Verge and his Clerk of the Market and none other execute his office there notwithstanding any grant c. Neither shall this act be prejudicial to the City of London XXXVII The lands of the late Monastery of Furnes and of the late Monasteries and Priories of Cartmele Coningshed Barstrough and Holland and the Liberties and Franchises belonging thereunto shall be in the Government of the Officers of the Dutchy of Lancaster and the Officers of those liberties shall be liable to accompt as other Officers of the Dutchy have used to be they shall also be attendant on the King's Courts and the Sheriff and other officers are prohibited to intromit into those Liberties XXXVIII This act shall not annul or diminish any of the liberties belonging to the said Dutchy or to the five Forts or the members thereof XXXIX The Petition of Right 3 Car. None shall be compelled to make or yield any gift loan benevolence tax or such like charge without consent by Act of Parliament nor upon refusal so to do shall be called to make answer take any oath not warranted by Law give attendance or be confined or otherwise molested concerning the same or for refusall thereof Neither shall any Free-man be imprisoned or detained without cause shewed XL. The subject shall not be burthened by the quarter of Souldiers or Marriners and all Commissions for proceeding by Martial Law shall be annulled neither shall any of like nature be issued out hereafter lest the subject by colour thereof be destroyed or put to death contrary to the Laws and Franchise of the Land XLI What hath been done to the prejudice of the Subject in any of the premisses shall not hereafter be drawn into consequence of example and the King declares his pleasure to be that in the things aforesaid all his Officers and Ministers shall serve him according to the Laws and Statutes of the Realm ☞ Fraudulent Conveyances I. Stat. 50 E. 3.6 Fraudulent assurances of lands or goods to deceive Creditors shall be void and the Creditors shall have execution thereof as if no such gift had been made * II. Stat. 13 El. 5. All fraudulent Conveyances of lands tenements hereditaments goods or chattels and all such bonds suits judgments and executions made to avoid the debt or duty of others shall as against the party onely whose debt or duty is so endeavoured to be avoided their heirs successors executors or assigns be utterly void any pretence feigned Consideration or c. notwithstanding III. Every of the parties to such a fraudulent conveyance bond suit judgment or execution who being privy thereunto shall wittingly justifie the same to be done bonâ fide and upon good consideration or shall alien and assign any lands lease or goods so to them conveyed as aforesaid shall forfeit one years value of the lands lease rent common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous bond and being thereof convicted shall suffer half a years imprisonment without bail And here the said forfeitures are to be divided betwixt the Queen and the party grieved IV. Common Recoveries against the tenants of the free-hold shall be good notwithstanding this Act. And so shall all estates made for the procuring of a Voucher in Formedon Neither shall this Act extend to grants made bonâ fide and upon good consideration to persons not privy to such Collusion V. Stat. 27 El. 4. Every conveyance grant charge incumbrance and limitation of use or uses of in or out of any lands or other hereditaments made to defraud any purchaser of the same in fee for tail for life or years shall as against such purchaser onely and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration VI. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bonâ fide and on good consideration to the disturbance or hinderance of the purchaser or of any other lawfully claiming from by or under him shall forfeit one years value of the lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail VII Conveyances made upon good consideration and bonâ fide shall be good notwithstanding this Act. VIII If lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the vendee and all others lawfully claiming from by or under him Howbeit no lawful mortgage made bonâ fide without fraud shall be impeached by this Act. IX All Statutes Merchant and of the Staple shall within six moneths after their acknowledgment be entred in the office of the Clerk of Recognizances taken according to the Stat. of 23 H. 8.6 and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more X. Every such Statute which is not within four moneths after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the lands chargeable therewith and against his heirs successors executors and assigns XI The said Clerk shall within the said six moneths make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be divided betwixt the Queen and the Prosecutor XII The Clerk shall take for the search of a Statute but 2 d. for every years search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by action of debt c. XIII Provided that this Act shall not extend to make good any purchase made void by reason of any former conveyance so as the party so making void the same his heirs or assignes were the first day of this Parliament in actual possession of the lands out of which any such Purchase Lease Charge or Profit was made Free-hold I. Marlb Cap. 22. 52 H. 3. None shall distrain his free-holders to answer for their Free-holds or for any thing touching the same without the King 's Writ nor cause his Free-holders to swear against their wills for none may do that without the King's commandment II. Stat. 15 R.
and for such provision as was made by an Act 1 Jac. cap. 32. exp certain duties are imposed the Owners and Masters of Ships repairing thither to be paid to the Treasurer of the said Harbor by the Collectors appointed for the same XV. The Master and Wardens of the Trinity house London appointed to oversee the works of the said Harbour and to call the Treasurer and Collectors to accompt yearly for 7 years XVI The Harbour being repaired the said Master and Wardens are to inform the Lords of the Privy-council who may thereupon suspend further payments upon this Act. XVII Proviso To exempt from any payment all Ships and Vessels belonging to the Ports of Weymouth and Melcome Regis and Lyme Regis and not to extend to any Collection exceeding 22000 l. and then to ceas See title Dover ☞ Hawks and Hawking I. Stat. 34 E. 3.22 A Hawk taken up shall be delivered to the Sheriff who after Proclamation made in the good Towns of the County if challenged shall deliver her to the right owner II If the Hawk were taken up by a mean man and be not challenged within four moneths the Sheriff shall retain her satisfying the party for taking her But if by a man of estate who may conveniently keep an Hawk the Sheriff shall restore her to him again he answering for the charge of keeping her III. If any do take away or conceal a Hawk he shall answer the value thereof to the owner and suffer two years imprisonment and in case he be not able to answer the value he shall remain in prison a longer time IV. Stat. 37 E. 3.19 He that steals and carries away an Hawk not observing the ordinance of 34 E. 3.22 shall be deemed a Felon Hexhamshire I. Stat. 14 El. 13. Hexham and Hexamshire with the liberties thereof shall be within the County of Northumberland Hides see Leather ☞ High-wayes I. Stat. 14. 15 H. 8.6 An Act was made for the altering of the High-ways in the weld of Kent See the Statute at large II. Stat. 26 H. 8.7 The Stat. of 14. 15 H. 8. shall extend to Sussex III. Stat. 37 H. 8.3 An Act for the keeping of Huntington land near Chester in good repair See the Statute * IV. 1 M. Parl. 2. cap. 5. Justices of the Counties of Dorset and Somerset shall assess those Countreys towards the repair of the cawsey lying betwixt Shaftsbury and Sherborn See the Statute V. Stat. 2 3 P. M. 8. The Constable and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday in Easter-week call together some of their neighbours and then make choice of two within the Parish to be Surveyors of the High-ways the year following who shall forthwith take that office upon them in pain to forfeit 20 s. apiece The said Constables and Churchwardens shall then also nominate four days betwixt that time and Midsummer to be set apart for the amendment of the High-ways and shall give publick notice thereof in the Chuch the next Sunday after Easter VI. The Officers and days being thus appointed every one having a team or Plough-land either in arable or pasture is chargable to send 2 able men with a team and tools convenient to work 8 hours upon every one of those 4 days in pain to forfeit 10 s. for every day that default is made And every Cottager is bound to work himself or to find a sufficient labourer to work for him as aforesaid in pain to forfeit 12 d. for every day VII The Surveyors have power to appoint instead of a team two able labourers to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit 12 d. for every day that either of them makes default VIII Stewards in Leets have power to enquire after the breach of this Act and to set fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented estreats thereof under their hands and seals viz. one to the Bailiff or High-Constable of the Liberty and the other to the Constables and Churchwardens of the Parish where the default was made IX In default of presentment thereof in Leets the Justices of Peace in Sessions shall inquire thereof and set such fines as they or two of them 1 Qu. shall think fit whereof the Clark of the Peace shall also deliver indented estreats under his hand and seal in like sort as aforesaid X. Their estreats shall be a sufficient warrant for the Bailiff or Chief Constable to levy the said fines by way of distress and if no distress can be found or the party do not pay the fine within 20 days after lawful demand thereof he or they shall forfeit double so much All which fines and forfeitures shall be imployed towards the amendment of the High-ways XI The Bailiff or High-Constable shall yearly betwixt the first of March and the last of April render unto the Constables and Churchwardens unto whom the other part of the estreats was delivered a true accompt of the money received by him in pain of 40 s. and the said Constables and Churchwardens have power to call the said Bailiff or High-Constable before two or more Justices of Peace 1 Qu. to pass his accompt who have power to commit him until he shall have satisfied all the arrearages by him received save 8 d. in the pound for his own fee and 12 d. in the pound for the fee of the Steward or Clark of the Peace and in this case the succeeding Constables and Churchwardens have the same power that their predecessors had * XII Stat. 5 El. 13. It shall be lawful for the Surveyors to turn a Water-course hurtful to the High-way into any man's ditch or to take rubbish ready digged in or near any man's quarter and for default of gravel c. elsewhere to dig in any several ground so they forbear to dig in Houses Orchards Gardens and Meadows or to make a pit above 10 yards but if they fill not the place again with earth to be done at the costs of the Parish within one moneth after it shall be so digged they shall forfeit 5 marks to the owner of the ground to be recovered by Action of debt XIII The hedges and ditches adjoyning to the High-way shall be kept low and scoured and the trees and bushes growing in the High-way cut down by the owners of the grounds which shall be inclosed by the said hedges and ditches XIV Instead of the four days appointed by the Stat. of 2 3 P. M. 8.6 days shall hereafter be observed XV. The Surveyors or one of them shall present every default within one moneth after it shall be made to the next Justice of Peace in pain of 40 s. and the said Justice of Peace shall certifie the same presentment at the next General Sessions in pain of 5 l. where the Justices shall have power to inquire of the default and shall set such fine upon the Delinquent as
his own confession or the testimony of 2 honest men to have assaulted his Master Mistress Dame or Overseer he shall suffer 1 years imprisonment or less if the Justice or chief Officer shall think fit and if the party shall be thought to deserve a more severe punishment then to receive such open punishment life and member excepted as the Justices in Sessions or the chief Officer and 4 of the discreetest men in the Corporation shall think convenient XIX Artificers shall work in hay-time and Harvest in pain of Imprisonment in the Stocks 2 days and one night which the Constable shall inflict upon them in pain of 40 s. XX. It shall be lawful for labourers other then such as are retained in service according to this Statute to go to other Shires to work in hay-time and Harvest so that they bring with them a testimonial under the hand of one Justice of Peace or a chief Officer testifying that they have not sufficient work in the place where they lived the Winter before for which testimonial they shall onely pay a penny XXI Every unmarried woman fit to serve being above 12 years old and under 40 shall by two Justices of Peace a chief Officer or 2 Burgesses be compellable to serve for convenient time and wages in pain of imprisonment XXII Husbandmen being housholders and using half a Plough-land at least in tillage may take by Indenture Apprentices above the age of 10 years and under 18 to serve in Husbandry untill the age of 21 years at least or 24 years as the parties can agree XXIII Every housholder of the age of 23 years dwelling in a Town Corporate and using there any Art or Mystery shall and may take an Apprentice for 7 years at least Howbeit the term ought not to expire before the Apprentice accomplish the Age of 24 years XXIV Merchants Mercers Drapers Goldsmiths Iron-mongers Embroiderers and Clothiers dwelling in Corporate Towns shall take no Apprentices but their own children or such whose parents hav inheritance or Free-hold of 40 s. per annum to be certified under the hands and seals of three Justices of Peace of the County where such lands lie to the head Officer of the said Corporation who shall cause the same to be recorded Artificers in Market-towns not Corporate being housholders and of the age of 24 years may take other Artificers children to serve as Apprentices XXV Merchants Mercers Drapers Gold-smiths Iron-mongers Embroiderers and Clothiers dwelling in Market-towns not corporate shall take no Apprentices but their own children or such whose parents have inheritance of Free-hold worth 3 l. per annum to be certified under the hands and seals of 3 Justices of Peace as aforesaid XXVI Smiths Wheel-wrights Plough-wrights Mill-wrights Carpenters Rough-masons Plaisterers Sawyers Lime-burners Brick-makers Brick-layers Tylers Slaters Helyers Tile-makers Linnen Weavers Turners Coopers Millers Earthen Potters Woollen Weavers of Houswifes cloth onely Fullers Woodburners Thatchers and Shinglers may take Apprentices though their Parents have no land XXVII None which hath not served an Apprentice 7 years in any Art or Mystery now used shall use the same or set any other to work therein which hath not so served out that time in pain to forfeit 40 s. for every moneth XXVIII Woollen cloth Weavers other then such as inhabit Cumberland Westmerland Lancaster or Wales or in Cities Corporations or Market-towns shall take no Apprentices nor teach any their Art save their own children or such whose parents have Inheritance or Freehold worth 3 l. per annum to be certified under the hands and seals of 3 Justices of Peace of the County where the lands lie in pain to forfeit 20 s. for every moneth and the Indenture shall within 3 moneths be registred in the Parish where the Master dwells the fee of which registring is 4 d. XXIX Every Cloth-worker Fuller Sheerman Weaver Taylor and Shoo-maker shall for every three Apprentices keep one Journey-man and for every Apprentice above three another Journey-man in pain of 10 l. XXX This Act shall not prejudice Worsted-makers nor Worsted-weavers in Norwich and Norfolk XXXI If any person fit to make an Apprentice refuse to serve upon demand one Justice of Peace Mayor or Head-officer unto whom complaint thereof shall be made have power to commit him to ward until he shall be willing to serve accordingly XXXII If there shall arise any difference betwixt the Master and the Apprentice one Justice of Peace in the Country or the Mayor or Head-officer in a Corporation or Market-town shall have power to reconcile it if they can if not then to bind over the Master to the next Quarter-sessions where the Justice of Peace or any four of them 1. Qu. or the Head-Officer with the consent of 3 of his Brethren shall upon default found in the Master in writing under their hands and seals have power to discharge the Apprentice of his service and if default be found in the Apprentice then to inflict such punishment upon him as in their discretions shall be thought fit XXXIII None shall be bound to enter into an Apprenticeship other then such as be under the age of 21 years XXXIV Justices of Peace in their several Divisions and Head-officers in Towns corporate shall meet twice every year viz. once betwixt Michaelmas and Christmas and another time betwixt the lady-Lady-day and Midsummer to give order for the due execution of this Statute XXXV Justices of Peace and Head-officers shall have 5 s. for every day they sit about the execution of this Statute to be allowed them out of the fines which accrue upon the breach thereof so that their sitting be onely for matters contained in this Statute and not above three days at one time XXXVI The forfeitures aforesaid except those otherwise limitted shall be divided betwixt the Queen and the prosecutor And all Justices of Peace or any 2 of them 1. Qu. and every Head-officer shall have power to hear and determine the breach of this Statute upon Indictment or otherwise and to award process and execution accordingly and shall yearly in Michaelmas term by Estreat certifie into the Exchequer the fines which accrue upon this Statute in manner as they ought to do in other cases XXXVII This Act shall not restrain the Cities of London and Norwich from taking of Apprentices as in times past XXXVIII None shall take Apprentices otherwise then is limited by this Act in pain of 10 l. and all indentures otherwise made shall be void XXXIX An Apprentice shall be bound by his Indenture notwithstanding his non-age of 21 years XL. The Inhabitants of Godalming in Surry may take and use such Arts and Apprentices as Market-towns may do by vertue of this Act. XLI The fines accruing by this Act in Towns corporate shall be appointed by the Head-officer to be collected as other fines and amerciaments for the use of the same Towns XLII When an Apprentice departs from his Master's service into another County or Corporation it shall be lawful
he is so received until final judgment given to the demandant III. Here if the demandant recover the defendant shall be grievously amerced and if he have not whereof he shall suffer imprisonment at the Kings pleasure but if he can prove his right he shall go quit IV. Stat. 13 R. 2.17 If any tenant for life in Dower by the Law of England or in tail after possibility of issue extinct be impleaded and he in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the Action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the Law without any delay whatsoever of either side And therefore here dayes of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two adversaries V. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgment pass for the demandant against them in the reversion as well as where the receit is counter-pleaded as where it is granted Residence * I. Artic. Cler. 8. 9 E. 2. Such Clerks as attend in the Kings service if they offend shall be corrected by the Ordinaries as others be Howbeit so long as they be imployed about the Exchequer they shall not be bound to keep residence in their Churches To this was added by the Kings Council The King and his Ancestors time out of mind have used that Clerks who are imployed in his service during the time they are so in his service shall not be compelled to keep residence in their Benefices and such things as be thought necessary for the King and Common-wealth ought not to be prejudicial to the Church * II. Stat. 21 H. 8.13 No spiritual person shall take to farm to himself or to any other for his use any lands or other hereditament for life years or at will in pain to forfeit ten pounds for every month he so continues the same to be divided betwixt the King and the prosecutor III. This Act shall not extend to any spiritual person for taking to farm any temporalities during the time of vacation of any Archbishopricks Bishopricks Abbeyes Priories or Collegiate Cathedral or Coventual-Churches nor to any such person who shall terder or make any traverse upon any Office concerning his Freehold IV. No spiritual person shall by himself or any other for his use buy to sell again for profit any cattel victual or Merchandize whatsoever in pain to forfeit treble the value thereof to be divided betwixt the King and the prosecutor and every such bargain shall be void V. Howbeit a spiritual person may buy horses Mares Cattel or other goods for his necessary use and imployment and in case they happen not fit for his turn may sell them again so as this be done without fraud or covin VI. Also Abbots Priors Abbesses Prioresses Provosts Presidents and Masters of Colledges and Hospitals and all other spiritual Governours and Governesses of any Houses of Religion lands of the yearly value of 800 Marks or under may use and occupy so much thereof for the maintenance of their houses as they or any of their Predecessors have done within 100 year last past notwithstanding this Act. VII Likewise Spiritual persons not having sufficient Glebe or Demesne lands in right of their Churches or houses may notwithstanding this Act for the only expences of their houses and for their carriages and journeyes take in farm other lands and buy and sell corn and cattel for the only manurance and pasturage of such Farms so as if it be done for such purposes only without fraud or covin VIII If any person having a Benefice with cure of Souls being of the yearly value of 8 l. or above accept another with cure of Souls and be Instituted and Inducted in possession of the same immediately upon such possession thereof the first Benefice shall be adjudged void and then it shall be lawful for the Patron thereof to present another as if the Incumbent had dyed or resigned any license union or other dispensation to the contrary notwithstanding IX Every license union or other dispensation obtained contrary to this Act shall be void And none shall obtain from Rome or elswhere any license union toleration or dispensation to receive any Benefice with Cure in pain of 20 l. to be divided betwixt the King and the Prosecutor X. Provided that every Spiritual person of the Kings Council may purchase license or dispensation to keep three Benefices with Cure and the Chaplains of the Kings Queens the Kings Children Brethren Sisters Unkles or Aunts may so keep each of them two XI Also an Archbishop and Duke may have each of them six Chaplains a Marquess and Earl five a Viscount and other Bishop four the Chancellor every Baron and Knight of the Garter three Every Dutchess Marchioness Countess and Baroness being Widows two the Treasurer and Comptroller of the Kings House the Kings Secretary and Dean of his Chappel the Kings Almoner and Master of the Rolls each of them two And the Chief Justice of the Kings Bench and Warden of the Cinque-ports each of them one And each of the aforesaid Chaplains may purchase license or dispensation to keep two Benefices XII Likewise the brethren and sons of Temporal Lords born in wedlock may purchase such license or dispensation to keep as many Benefices with Cure as the Chaplains of a Duke or Archbishop and the brethren or sons born in wedlock of every Knight may keep two XIII Provided that the aforesaid Chaplain shall exhibit where need shall be Letters under the Sign or Seal of the King or other their Lord and Master testifying whose Chaplains they be or else not to enjoy such plurality of Benefices XIV A so Doctors and Batchelors of Divinity Doctors of Law and Batchelors of Law-Canon admitted to their degrees by any of the Universities of this Realm and not by Grace only may purchase such license to keep two Benefices with Cure XV. And because Archbishops must use at consecration of Bishops eight Chaplains and Bishops at giving of Orders and Consecration of Churches six every of them may have two Chaplains over and above the number limited XVI Every Spiritual person that is advanced by colour of this Act to keep more Benefices with Cure then is abovelimited shall incur the penalty above provided by this Act. XVII Every Spiritual person promoted to any Arch-Deaconry Deanary or Dignity in a Monastery or Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall
other the said impediments and annoyances And all those persons and every of them to tax assess charge distrain and punish as well within the meets limits and bounds of old time accustomed or otherwise or elswhere within our Realm of England after the quantity of their lands tenements and rents by number of acres and perches after the rate of every persons portion tenure or profit or after the quantity of their common Pasture or profit of fishing or other commodities there by such wayes and means and in such manner and form as you or six of you whereof the said A. B. and C. to be three shall seem most convenient to be ordained and done for redress and reformation to be had in the premisses And also to reform repair and amend the said Walls Ditches Banks Gutters Sewers Gotes Calcies Bridges Streams and other the premisses in all places needfull and the same as often and where need shall be to make new and to cleanse and purge the trenches sewers and ditches in all places necessary and further to reform amend prostrate and overthrow all such Mills Streams Ponds Locks Fish-garths hebbing-wears and other impediments and annoyances aforesaid as shall be found by inquisition or by your surveying and discretions to be excessively hurtful And also to depute and assign diligent faithful and true keepers Bailiffs surveyors collectors expenditors and other ministers and officers for the safety conservation reparation reformation and making of the premises and every of them and to hear the accompt of the Collectors and other Ministers of and for the receipt and laying out of the money that shall be levied and paid in and about the making repairing reforming and amending of the said walls ditches banks gutters gotes sewers calcies bridges streams trenches mills ponds locks fish-garths flood-gates and other impediments and annoyances aforesaid And to distrain for the arrerages of every such collection tax and assessment as often as shall be expedient or otherwise to punish the debtors and detainers of the same by fines amerciaments pains or other like means after your good discretions And also to arrest and take as many carts horses oxen beasts and other instruments necessary and as many workmen and labourers as for the said works and reparation shall suffice paying for the same competent wages salary and stipend in that behalf And also take such and as many trees woods and underwoods and timber and other necessaries as for the same works and reparations shall be sufficient at a reasonable price by you or six of you of the which we will that A. B. and C. shall be three to be assessed or limited as well within the limits and bounds aforesaid as in any other place within the said County or Counties near unto the said places and to make and ordain Statutes Ordinances and Provisions from time to time as the case shall require for the safeguard conservation redress correction and reformation of the premisses and of every of them and the parts lying to the same necessary and behoofefull after the laws and customs of Rumney Marsh in the County of Kent or otherwise by any wayes and means after your own wisdoms and discretions And to hear and determine all and singular the premisses as well at our suit as at the suit of any other whatsoever complaining before you or six of you whereof A. B. and C. shall be three after the Laws and Customs aforesaid or otherwise by any other ways and means after your discretions And also to make and direct all Writs Precepts Warrants and other commandments by vertue of these Presents to all Sheriffs Bailiffs and other Msnisters Officers and other persons as well within Liberties as without before you or six of you whereof the said A. B. and C. to be three at certain days terms and places to be returned and received And further to continue the Process of the same and finally to do all and every thing and things as shall be requisite for the due execution of the Premisses by all ways and means after your discretions And therefore we command you That at certain days and places when and where you or six of you whereof the said A. B. and C. to be three shall think expedient ye do survey the said walls fences ditches banks gutters gotes sewers calcies ponds bridges rivers streams water-courses mills locks trenches fish-garths flood-gates and other lets impediments and annoyances aforesaid and accomplish fulfill hear and determine all and singular the premisses in due force and to the effect aforesaid after your good discretions And all such as ye shall find negligent gainsaying or rebelling in the said works reparation or reformations of the premisses or negligent in the due execution of this Commission that ye do compell them by distress fines and amerciaments or by other punishment ways or means which to you or six of you whereof the said A. B. and C. shall be three shall seem most expedient for the speedy remedy redress and reformation of the premisses and due execution of the same And all such things as by you shall be made and ordained in this behalf as well within Liberties as without that you do cause the same firmly to be observed doing therein as to Justice appertaineth after the Laws and Statutes of this Realm and according to your wisdoms and discretions XI Save always to us such fines and amerciaments as to us thereof shall belong And we also command our Sheriff or Sheriffs of our said County or Counties of 〈…〉 that they shall cause to come before you or six of you of which A. B. and C. shall be three at such days and places as ye shall appoint to them such and as many honest men of his or their Bailiwick as well within the Liberties as without by whom the truth may best be known to inquire of the premisses Commanding also all other Ministers and Officers as well within Liberties as without that they and every of them shall be attendant unto you in and about the due execution of this our Commission In witness whereof we have caused these our Letters to be made Patents Witness Our Self at Westminster the 〈…〉 day of 〈…〉 in the 〈…〉 year of Our Reign XII Here every person named a Commissioner as soon as he shall have notice thereof shall effectually put his diligence and attendance thereunto Howbeit he shall not put the Commission in execution because he shall before the Lord Chancellor or some others whom He by a Dedimus shall thereto assign or before the Justices of Peace in Sessions of the County to which the Commission is directed take the Oath following XIII Ye shall swear that you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be born to any manner of person or persons and as the case shall require ye shall consent and
endeavour your self for your part to the best of your knowledg and power to the making of such wholesome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows being in Commission with you for the due redress reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in execution without favour meed dread malice or affection as God you help and all Saints XIV All Statutes of Sewers heretofore made are confirmed XV. The Commissioners have power to make and ordain Laws Ordinances and Decrees and all and every thing mentioned in their Commission according to the true meaning thereof and the same to reform repel and amend and make new as need shall require XVI If any person assessed to any lot or charge for any lands tenements or hereditaments within the limits of any Commission do not pay the same according to the Ordinance of the Commissioners by reason whereof the said Commissioners decree the same lands tenements or hereditaments from the owner or owners thereof and their heirs to any other for years life or in fee for the payment of the said lot or charge Every such Decree and Ordinance by them made ingrossed in parchment and certified into the Chancery under their seals with the Kings assent thereunto also had shall bind all such person or persons having any Estate in the premisses in use possession reversion or remainder their heirs and scoffees and shall not be otherwise reformed then in Parliament XVII The Kings Lands Tenements and Hereditaments shall be as liable to the Laws Ordinances and Decree of the Commissioners or any six of them as those of any other XVIII If a Commissioner not sworn as aforesaid or being sworn and not having lands tenements or hereditaments to his own use in fee or for life worth 40 marks per annum besides reprises except resiant and free of a Corporation and having moveables worth 100 l. or else an utter Barister do attempt to execute the said Commission he shall forfeit for every time so doing 40 l. to be divided betwixt the King and the prosecutor XIX Avowry and Justification of a distress taken or of any other Act done by reason of the said Commission shall be made without any express or rehearsal of any other matter contained in this Act or any Commission Laws or Ordinances thereupon made whereupon the Plaintiff shall be admitted to reply that the Defendant did take the said distress or did any other act or trespass of his own wrong and thereupon the issue shall be tryed by the Verdict of twelve men and not otherwise And upon the trial the whole matter on both parts shall be given in evidence And here if the verdict pass for the Defendant or the Plaintiff be non-suit the Defendant shall recover his treble damages and costs to be assessed by the same Jury or a Writ to inquire of damages as the cause shall require XX. The Commissioners shall have for their pains 4 s. a day and the Clerks 2 s. a day out of the taxes aforesaid c. Also the Commissioners or any six of them have power at their discretions to allow out of the said taxes more to the Clerk for Writing-Books and Process and to Collectors and others that take pains in the due execution of the same Commission XXI When any such Commission is directed for the reformation of any thing within the Dutchy of Lancaster the Commissioners shall be named by the Lord Chancellor Lord Treasurer the two chief Justices and the Dutchy or any three of them whereof the Lord Chancellor and Chancellor of the Dutchy are to be two And in this case two Commissions shall issue forth viz. one under the Great Seal and the other under the Seal of the Dutchy XXII The fees for every such Commission shall be 2 s. 6 d. to the King for the Seal and 5 s. to the Clerk for writing and enrolling it and no more XXIII A Commission of Sewers shall continue in force but three years from the Teste and the King by a Supersedeas out of the Chancery may discharge any Commission or Commissioner at his pleasure XXIV The Laws Decrees or Ordinances of the Commissioners shall continue no longer in force then their Commission unless they be engrossed in parchment and certified under their seals into the Chancery and the Kings assent obtained thereunto XXV When any such Commission is directed into Wales and any other County Palatine two Commissions shall issue out viz. one under the Great Seal and the other under the Seal of such County Palatine in like manner as is above ordained for the Dutchy of Lancaster XXVI The Kings assent aforesaid shall be certified into the Chancery under his Privy Seal without fee only the Clerk shall have two shilling for writing the Certificate and not above XXVII The Chancellors of the Principality of Wales or any other County Palatine having the custody of the Seal there upon request made and upon sight of the Commission under the Great Seal may thereupon make out another under the Seal of such County Palatine according to the tenor of the Kings Commission and also to the Commissioners therein named except within the Dutchy of Lancaster for which the provision abovesaid shall be observed XXVIII Stat. 25 H. 8.10 None shall be compelled to be sworn or to sit or travell in the execution of any Commission of Sewers unless he be dwelling within the County whereof he is assigned a Commissioner XXIX If any Commissioner being required by any having authority by the Kings Writ or otherwise to give him the Oath provided by 23 H. 8.5 shall refuse to take it upon such refusal or contempt done in Chancery or returned thither with the said Writ he shall lose five marks for every such contempt unless he alledg sufficient cause in Chancery the same Term wherein such return is made for his excuse and discharge in that behalf XXX Stat. 3. 4 E. 6.8 The Statute of 23 H. 8.5 is made perpetual in such manner as it may stand with the sequel and additions hereafter mentioned XXXI All sums of money rated by Commission of Sewers upon any of the Kings land shall be leviable by distress or otherwise as may be done in the lands of other persons and acquittances under the hand of such Collector or Receiver as shall be appointed by the Commissioners or any six of them shall be a sufficient discharge as well to the Tenants of the Kings Lands as also to the Receiver Auditor or other Officer for the allowance of the said rates to such Tenants XXXII Like fees shall be paid for Commissions and Dedimus Potestatem under the Dutchy Seal as are paid for them obtained under the Great Seal XXXIII A Commission of Sewers shall endure five years unless
sue but if not then the prosecutor IV. Every melter and maker up of unwrought wax shall have a stamp or mark of the breadth of 6 d. wherein the two letters of his name and sirname shall be graven and with this shall stamp every such piece of wax triangularly in three places upon the out side of every such piece in pain to forfeit the value of every piece so sold or put to sale not so stamped V. None shall melt mix work sell or put to sale any wrought wax stuff or wares wrought with wax but with good and pure stuff fit for such work and sealed with the workers stamp to the end he may be known in pain to forfeit all corrupt wares otherwise wrought and so sold or put to sale to be divided as aforesaid VI. None shall sell or put to sale any false mingled Wax in pain to forfeit the same to be divided as before VII All Cask filled with honey shall be by the filler thereof marked with two letters standing for his name and sir-name each letter being an inch and an half in length at least and burnt upon the head of each Cask with an hot Iron in pain to forfeit 6 s. 8 d. for every Cask of honey sold or put to sale and not so marked VIII None shall fill sell or put to sale any Cask of honey for a Barrel Kilderkin or Firkin unless they contain as followeth viz. the Barrel 32 gallons wine-measure the Kilderkin 16 and the Firkin 8 in pain to forfeit for every half gallon so lacking 5 s. together with the Cask and Honey therein contained to be divided as before IX This Act as to the marking of Wax shall not extend to any selling the Wax of their own Bees in open Markets nor to any servant mingling or corruptiwg Wax by the commandment of his Master so as he will confess the same X. None shall counterfeit anothers mark nor stamp therewith without the owners consent in pain to forfeit for every such offence 5 s. to be divided as before And in case he be not able to pay it to be set upon the Pillory in the next Market-Town to the place where he offends and to suffer three months imprisonment without bail VVears * I. Magna Carta 23.9 H. 3. All Wears shall be put down by Thames and Medway and throughout all England save onely by the Sea-coasts II. Stat. de Pannis 4.25 E. 3. All Gorces Mills Wears Stanks Stakes and Kiddles set up in the time of E. 1. and since whereby Ships and Boats are disturbed to pass in Rivers as they were wont shall be utterly pulled down never to be renewed And hereupon Writs shall issue to the Sheriffs of the places where need shall require to survey and inquire and thereof to do execution Justices also shall be thereupon assigned as shall be needful * III. Stat. 45 E. 3.2 The Statute of Cloth 4.25 E. 3. shall be put in due execution and if any such annoyance be done it shall be pulled down by due Process according to the said Statute IV. If any shall repair any such annoyance and be thereof attainted he shall incur the pain of 100 marks to the King to be levied by estreats of the Exchequer The like Law shall be for annoyance made by enhancing such Wears Mills Stanks Stakes and Kiddles as by the new levying of them V. Stat. 1. H. 4.12 The said Statute of 25 E. 3.4 and 45 E. 2. shall be put in due execution VI. Commissions shall be made to sufficient men to be Justices in every County where need shall be to survey and keep the waters and great Rivers there to correct the defaults and to put the said Statutes in due execution as well by their Survey advice and discretion as by Enquests both within franchises and without as need shall be and to hear and determine the things aforesaid Also to survey the Wears Mills Stanks Stakes and Kiddles levied before the time of E. 1. and to correct pull down and amend such of them as they shall find too much enhaunced as straightned saving alwayes a reasonable substance thereof VII If any such nusances be adjudged and awarded by the said Justices fit to be pulled down and amended the owner of the freehold thereof shall make thereof execution at his own charge within half a year after notice thereof given to him in pain of 100 Marks to be paid to the King by estreats of the Exchequer And he that shall cause them to be repaired enhaunced or straightened against the said judgement being thereof convict shall also incur the pain of 100 Marks to be paid as aforesaid Howbeit if any shall finde himself grieved by the execution of this Act upon complaint he shall be relieved VIII Stat. 4. H. 4.11 The Statutes of 25 E. 3.4.45 E. 2. and 1 H. 4.12 shall be duly put in execution IX Commissions shall be awarded to certain Justices and others in every County where need shall be to inquire of offenders against the said Statutes and to punish them by fine at their discretions saving to the King the penalties comprised in the said Statutes X. The estreats of such fines shall be delivered by the Justices to the Sheriff by Indenture who shall there outpay to every Justice 4 s. for every day that he shall execute such Commission and the Sheriff is to be allowed it again upon his accompt in the Exchequer XI Stat. 1. H. 5.2 All the aforesaid Statutes are confirmed and ordered to be put in due execution XII Stat. 12. E. 4.7 All the said Statutes are a gain confirmed And whereby award of any of the said Commissioners assigned according to the said Statute of 1 H. 4.12 it is found that such Wears Fish-garths Mills Mildams Milstankes Locks Ebbing-wears Kiddles Hecks or Flood-gates are made levied raised straightned or enlarged against the said Statute if the offenders therein being duly warned thereof by the Sheriff by Scire facias do not within three months after such warning duly return such default they shall forfeit 100 marks to be paid as by the said Statute is ordained and also for every month after the said three months that the said default is not reformed 100 marks more to be divided betwixt the King and the Prosecutor The Heir also or the Assignee of such offender shall likewise forfeit 100 marks for every month that he continues such disturbances to be divided as aforesaid ☞ Weights and Measures I. Magna Charta 25.9 H. 3. One measure of Wine shall be throughout the Realm one measure of Ale and one measure of Corn viz. the quarter of London and one bredth of dyed cloth Rusfet and Haberjects viz. two yards within the lists and it shall be of weights as it is of measures II. Ashsa Pants Cervitiae 5 1 H. 3. By this Statute the Assize of bread was rated viz. when a quarter of wheat should be sold for 12 d. wastel bread of a farthing a
2.3 Merchants and Workers of clothes called single Worsteds may transport Bolts thereof whither they please except to the Kings Enemies paying the Customes and Subsidies due for the same without paying the duties of Calais So as under colour thereof they transport no double Worsteds half double Worsteds Worsteds ray or Motley in pain to forfeit the same * II. Stat. 7 E. 4.1 The Worsted-weavers in Norwich shall yearly upon Monday after Pentecost choose four of the same craft to be their Wardens for that City and likewise those of the County of Norfolk shall then also choose four of the same craft there to be their Wardens for the said County which Wardens shall take their oaths before the Mayor of Norwich and the Steward of the Dutchy of Lancaster if the Steward be then resident in the said County otherwise before the Mayor alone III. The said Wardens have power for the year next ensuing to survey the Workmanship of the Artificers of that craft whether or no they work well and make their work of good stuff and likewise to make Ordinances for the amendment of the said Worsteds and craft All which Ordinances shall be obeyed and kept by the said Artificers in pain to be punished by four of the said Wardens either in City or County respectively calling to them six other such Artificers at the discretion of the said Mayor and Steward or one of them IV. Also the lengths and bredths of Pieces of Worsted are here set down For which see the Statute at large V. No Lambs-wooll shall be put in Worsteds And the said Wardens have power to seize all such clothes and stuff being defective VI. The Mayor and Stewards aforesaid have power to hear and determine all offences committed against the said Ordinances and at convenient times to call together the said 12 Artificers to be sworn to make search of the stuff and work wrought and made by the said Wardens and if they be found defective either in their office or work to punish them as other Artificers VII The Wardens have also power to make such search in the Counties of Suffolk and Cambridg as well as in Norwich and Norfolk VIII Defective Worsteds shall be forfeit viz. in Norwich the one half thereof to the Mayor there or in Corporations or other places to the chief Officers or Lord of the Mannor and the other half to the said Wardens And Worsted-weavers shall set their proper marks woven upon their Stuffs in pain to forfeit them to the King IX The faid 8 Wardens shall yearly upon Munday next after Corpus Christi assign one two or more places in Norwich and as many in Norfolk and certain days by the week to the end that the Worsteds to be put to sale that year may be brought before the said Wardens to be searched and if they find them well made they shall set a mark thereupon without fee that the buyer may know which are well searched wrought and made of good stuff But if they shall find them defective the said Mayor and Steward or one of them shall impose such correction for such default as to them shall seem meet And the price of every piece of Worsted sold not marked shall be forfeited by the first seller thereof X. All Mayors Bailiffs and other Officers shall be aiding and assistant to the said Wardens in their search as often as they shall be required by the said Wardens or any of them so to do XI Stat. 11 H. 7.11 Citizens of Norwich may take to apprentice the son or daughter of any person XII Stat. 5 H. 8.4 None shall dry calander any Worsteds in pain to forfeit for every piece 5 l. Neither shall any wet calander any Worsteds unless he have served 7 years as an apprentice in that Trade and be approved by the Mayor of Norwich and the two Masters of that Craft in Norwich or Norfolk upon the like pain of 5 l. for every piece calandred contrary to this Act. Which said forfeitures shall be divided betwixt the King and the said Masters of the Craft of wet calandring XIII Stat. 14.15 H. 8.3 A long Statute for Worsted-weaters in Yarmouth and Linne The Election Oath and Authority of a Warden for Yarmouth Every person shall mark his Worsteds Sayes c. with his several marks The Election Oath and Authority of a Warden for Linne Every Worsted-weaver in Linne shall be an English-man born and shall have his proper mark A Warden of Norwich or Norfolk shall come to Lynne when there is no Warden there and his allowance by the day of his charge in coming thither What names or additions the parties grieved shall use in their actions whereupon the particular bodies of the Wardens or Inhabitants may be put in execution Clothes marked by Wardens of Linne or Yarmouth may be lawfully put to sale What apprentices Worsted-weavers in Linne and Yarmomth may take This Statute shall not be prejudicial to the Mayor of Norwich or the Wardens there None shall sheer dye or calander any Worsteds Sayes c. save only in Norwich Neither shall any such Stuffs be transported before they be so shorn dyed and calandred See the Statute at large XIV Stat. 25 H. 8.5 The Statute of 5 H. 8.4 is made perpetual and none that dieth Worsteds Stamins or Sayes shall use to calander them in pain to forfeit for every Piece 40 s. to be divided into three parts whereof the King is to have one the Mayor of Norwich another and the Prosecutor the third Wreck I. West 1.4 3 E. 1. Where a man dog or cat escape alive out of the Ship neither the Ship or other vessel nor any thing therein shall be adjudged wreck but the goods shall be saved and kept by the Sheriff Coroners or the Kings Bailiffs and delivered to the Inhabitants of the Town where the goods are found so that if any within a year and a day sue for those goods and after prove that they were his at the time of the Shipwrack they shall be restored to him without delay But if not they shall be seized by the said Sheriff Coroners or Bayliffs for the Kings use and shall be delivered to the Inhabitants of the Town who shall answer before the Justices for the Wreck belonging to the King II. Also where the Wreck belongeth to another he shall have it in like manner and if any be attainted to have done otherwise he shall suffer imprisonment make fine to the King and yield damages also III. If a Bayliff do it and it be disallowed by his Lord the Bayliff shall answer for it if he have whereof but if not the Lord shall deliver his Bailiffs body to the King IV. Prerog Reg. 11. 17 E. 2. The King shall have wreck of the Sea Whales and great Sturgeons taken in the Sea and elsewhere throughout the whole Realm except in places priviledged by the King Writs and abatements of Writs I. West 2.24 13 E. 1. Pars inde Where in
Sheriffs 46 Vagabonds 10 Weights 49 Wines 1 Women 15 Lords Pag. 338 Cross-bows 12 Crosses Forfeiture Freehold Justices of Assise 8 Parliament 38 Return of Sheriffs Staple 32 Treason 3.5.34 Lunaticks Escheators 40 Fools M. MAdder Pag. 338 Mad-men Fools Maimed Souldiers Captains 21 c. Mainprise and Bail Pag. 338 Sheriffs 2 3 Maintenance Pag. 340 Assises 20 Actions popular Champerty Execution of Statutes Feoffments 1 Informers 8 Liveries of Companies Nisi prius Mayors and Head-Officers See most of the Titles under Justices of Peace Master of the Rolls First-Fruits War 5 Malt Pag. 341 Manufactures Pag. 342 Merchants and Merchandize Pag. 343 Amerciaments 1 Butler of the King 4 Customs Drapery 250.254 Eschange 3.4 Ireland Labourers 25 Money Monopolies Ships Spice Staple Wines Wooll Worsteds 1 Marches Courts 32 Marriners Captains 21 c. Ships 32.37 Vagabonds 14 16 c. Markets Fairs Marriages Dispensations 2 Marshalsey Pag. 369 Error Marshes and Fennes Pag. 370 Approvements 8 c. Felony 9 Masons Pag. 370 Masters of the Chancery Pag. 370 Justices 6 Matrimony and Marriage Pag. 370 Appeals to Rome 1 Measures Clerk of the Market Weights Mesne Pag. 371 Middlesex Nisi Prius 14 Paving Milch Kine Calves 3 c. Militia See Captains and Souldiers Numb 39. Ministers of Churches Parson Mint Money Misprision of Treason Money 50 Monasteries Abbeys Priories Colledges Free-Chappels Hospitals Chanteries Pag. 372 Patents 7 c. 17 Money Pag. 382 Gold Merchants 40 c. Treason 1.27.31 32 33 36 Monopolies Pag. 387 Mortdancester Pag. 388 Assises 1 Damages 3 c. Discontinuance of process 3 Mortmain Pag. 389 Mortuaries Pag. 392 Multiplying Money Munition Actions popular 10 Murder and Man-slaughter Pag. 393 Forfeiture 10 Musters Pag. 394 N. Navy Ships Nets Fish Newcastle upon Tine Pag. 395 News Pag. 395 New port upon Usk Bridges 12 Nisi prius Pag. 396 Attaint 5.47 Non-ability Ability Non-claim Fines 11 Non-plevin Pag. 398 Non-suit Pag. 399 Damages 14 Non-tenure Pag. 399 Norfolk Fish 16 Shcep 6 Worsteds Northumberland Pag. 399 Norwich Pag. 399 Worsteds Novel-disseisin Age Assises Damages 1 2 4 c. Discontinuance of process 3 Essoin 15 Justices in Eyre 3 Nuper obiit Essoin 10 Nusance Pag. 400 Infections O. OAth Pag. 400 Commission 5 6 Corporation 5 6 Crown 6 c. 108 Justices 2 5 Merchants 81 Parliament 36 Sewers 13 Sheriffs 75 c. Oblations Obventions Appeals to Rome 1 Quakers 1 c. Obligations Pag. 401 Courts First-fruits 4 Wards 55 56 Odio and Atia Pag. 401 Officers and Offices Pag. 401 Account 5 Alienation without licence 4 Appearance Assises 2.5 Crown 7 c. 151 Customs 15 Escheators Extortion Fees Staple 15 Oyer and Terminer Pag. 403 Actions popular Oyl Pag. 404 Ordinaries Pag. 404 Administrators Advowson 5 12 Bastardy 1 2 Clergy Crown 44 c. Fools 2 Forger of false Deeds 6 Hospitals 1 Leases Overseers of the poor Clerk of the Market 6 Poor people Outlawry Utlawry Oxford Aliens 14.27.34 Bridges 9 Crown 140 P. PAinters Pag. 404 Palace Pag. 405 Panel Pag. 405 Assises 21 Jurors Papists Crown Pardon Pag. 405 Exigent Parks Forests Felony 5 Hunters Parliament Pag. 407 Assault Chester 7 Confirmation Crown 16.28 Execution 5 Woolls 8 11. Parson Vicar and Parsonage Pag. 412 Advowson Church-yards Election Quod permittat Partition and Parceners Pag. 412 Essoyn 5 Suit 4 Partridges Feasants Passage and Arrivage Pag. 413 Ships 5 Patents Pag. 415 Patron and Pa Advowson Crown 140 Election Parson Paving Pag. 418 Peace Pag. 420 Armour Peace and good behaviour Corpus cum causa 3 Pedlers and Tinkers Vagabonds Pensions Portions and Corodies Pag. 420 Per infortunium Pardon Perjury Pag. 421 Maintenance 8 Petition Accusation 3.6 c. Petty Treason Treason 3 Pewter and Pewterers Brass Peers of the Realm Barons Lords Physicians and Surgeons Pag. 421 Pick-pocket Clergy 32 Pillory Weights Pypowders Fairs and Markets 7 Plague Pag. 424 Plaisters Painters Plate Gold Money Playes and Games Pag. 425 Players Pag. 428 Pleading Pleaders Pag. 429 Advowson Pleas of the Crown Pag. 429 Pledges Debt to the King 1 Plumsteed Marsh Pag. 429 Pope Crown Rome Poor people Pag. 429 Appropriations 1 Bankrupts 9 Captains 34 Clerk of the Market 6 8 9 Vagabonds 13 Ports Breakers of Leagues and Truce Havens Poysoning Felony 14 Post-Office Pag. 437 Prerogativa Regis Pag. 437 Corporarion 1 Praecipe in Capite Right Praemunire Appeals to Rome Attorney Crown 10.18.31.35.38.55.107 Dispensations Felony 16 Parliament 40 Proviso Presbeck in Cumberland Bridges 14 President of the Councill Pag. 438 Pretensed Titles Maintenance 6 c. Primer Seisin Pag. 438 Printing Pag. 438 Monopolies 7 Prison Prisoners Pag. 438 Corpus cum causa Discontinuance of Process 6 Felony 2 Prize-Goods Pag. 441 Privy Seal Execution of Statutes Pardon 9 Murder 10 Priviledg Monopolies 7 Probate of Testaments Pag. 441 Procedendo Assises 18 Proces Pag. 442 Dayes in Bank Prochein Amy Pag. 445 Proclamations Debt 5 Exigent Profers Dayes in bank Prohibition and Consultation Pag. 445 Prophesies Pag. 447 Property Fairs and Markets Protection Pag. 447 Chester 8 Proviso and Premunire Pag. 448 Provors Appeals 5 7 Pulham Norwich 7 Purgation Clergy Purprestures Pag. 449 Purveyors Pag. 449 Franchises 22 Staple 9 Weights 35 36 Q. QVakers Pag. 457 Quare Impedit Advowson Dayes in Bank 5 6 22 Essoin 1 Justices in Eyre 3 Quarentine Dower Quéen Pag. 458 Quietus est Debt to the King 26 Quod permittat Pag. 458 Quod si deforceat Dower 7 Quo Warranto Franchises R. RApe Pag. 458 Reasonable aid Pag. 459 Receivers Pag. 459 Sheriffs 33 Recognizance Statute-Merchant Pag. 462 Chester 9 Felony 23 Staple 20 21 52 53 Recordare Replevin 2 Records Pag. 468 Amendments 7 c. Recognizance 29 Recoveries Pag. 468 Felony 23 Wales 152 c. Recusants Actions popular 10 Crown 70 Redisseisin Pag. 469 Admeasurement of Pasture Referrees Justice 6 Regradors Forestallers Relief Pag. 470 Religion Pag. 471 Crown 13 Religious persons Ability 6 c. Amerciaments 1. Arrests 2 3 County 2 Crown 13 30 Dispensations 3 Dures Election First-fruits 6 Leases Marshalsey 5 Matrimony Residence Sheep Spiritual Lawes Religious houses Mortmain Patents 18 Rents Pag. 475 Cessavit Repleader Pag. 475 Replevin of Cattel Pag. 476 Avowry Distresses Resceit Pag. 477 Residence Pag. 478 Restitution Pag. 482 Forcible Entry Retainers Execution of Statutes Return of Sheriffs and Bayliffs Pag. 482 Dayes in Bank Sheriffs 44 Revenue Pag. 484 Reversions and Remainders Attaint 9.46 Conditions Richmond Pag. 484 Rye and Winchelsey Pag. 485 Right Pag. 485 Accusation Justice Riots Routs and unlawful Assemblies Pag. 485 Execution of Statutes Rivers Admirally 3 Havens Robberies Pag. 488 Forfeitures 10 Rochester Bridges 8 11 Rogues Vagabonds Rome Pag. 492 Crown 18.32 Dispensations Proviso Ropes Cables Rumours News S. SAcraments Appeals to Rome Service and Sacraments Safe conducts Pag. 495 Saint Iohns Pag. 495 Saint Martins le grand Aliens 14.27.34 Salmon Fish Scarborow Pag. 496 Scavage Aliens 31 Paving 10 Taxes 7 8 Schools School-masters and Schollars Crown 45