exemplified under the Great Seal or the seal of any other Court of this Realm nor to any Judge Justice or other person that shall set any such seal thereunto not knowing the same to be forged ☞ Forestallers Regradors and Ingrossers * I. Stat. 6 E. 6.14 He or she that shall buy or contract for any Merchandize Victual or other thing whatsoever in the way before it shall be brought by land or by water unto any City Port Road Fair or Market where it should be sold or shall cause the same to be so bought or shall diswade people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a Forestaller A Regrador is he that buyes any grain wine fish butter cheese candles tallow sheep lambs calves swine piggs geese capons hens chickens pigeons conies or other dead victual whatsoever brought to a Fair or Market to be sold there and do sell the same again in the same Fair or Market or in some other Fair or Market within 4 miles III. An Ingrosser is he that gets into his hands by buying contract or promise other then by demise grant or lease of land or tithe any corn growing in the fields or other grain butter cheese fish or other dead victual whatsoever with intent to sell it again IV. The party guilty of any of the offences aforesaid shall forfeit for the first offence the value of the goods so bought or had and suffer 2 moneths imprisonment without bail for the second the double value and suffer 6 moneths imprisonment without bail and for the third shall forfeit all his goods be set upon the Pillory and be imprisoned at the King's pleasure V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal nor the provision of any Town Corporate Ship Castle Fort Barwick Holy Island c. or any Fish-monger Inholder Victualer Butcher Poulterer or people dwelling within one mile of the main Sea which use to buy and sell fish for any thing concerning their several mysteries or trading they retailing the same at reasonable prices nor any Badger Lader Kidder or Carrier assigned to that office by three Justices of Peace and delivering the commodity out of his hand within one moneth after he buyes it nor the taking of any thing reserved upon any lease so that all these things be done without fraud or forestalling VI. He that buyeth grain in any Market for change of seed shall bring as much the same day and sell it if he can according to the present price of grain there in pain to forfeit double the value of the grain so bought VII He that buyes any cattel and sells the same again alive within 5 weeks shall forfeit double the value thereof during which time he ought to keep them upon Pasture which he hath either by grant or prescription VIII Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition presentment bill or information or by the testimony of two witnesses and to exact the one half of the forfeitures to the use of the King and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias and when the prosecution shall be at the Kings suit onely to extract the whole to the King's use IX None shall be punished twice for the same offence X. This Act shall not restrain the transporter of grain or cattel from Port to Port allowed by three Justices of Peace and not fore-stalling so that he imbark the same within 40 days after he buyes them and brings back from some Justice of Peace or Head officer a Certificate of their unlading agreable to his Cocket XI The offences against this Statute shall be prosecuted within two years XII This Act shall not restrain a Drover allowed by three Justices of Peace 1. Qu. and selling his cattel at 40 miles distance from the place where he bought them Howbeit such allowance ought not to continue above one year XIII Stat. 13 El. 25. in fine The Statute of 5 6 E 6.14 shall not extend to Wines Oyls Sugars Spices Currants or other forein victual brought from beyond Sea Fish and Salt onely excepted XIV For more ancient Statutes against Forestalling see the Statute of Forestallers 31 E. 1. and the Statute of clothes 25 E. 3.3 Which because they are altered by 4 5 E. 4.14 I have not thought thme fit to be inserted ☞ Franchises and Liberties I. Magna Charta Cap. 1. 9 H. 3. The Church of England shall be free and shall have all her holy Rights and liberties inviolable II. Magna Charta Cap. 9. 9 H. 3. The City of London and all other Cities Burroughs Towns the Barons of the five Ports and all other Ports shall have all their old liberties and free Customs III. Magna Charta Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved which the King himself promiseth to observe and commandeth all men of this Realm to do the like He likewise further promiseth that neither he nor his heirs shall procure or do any thing to infringe them and that if any thing be so procured it shall be void VI. Stat. De quo warranto 18 E. 1. If any can verifie by good enquest or otherwise that they or their Ancestors or Predecessors have used any liberty whereof they have been impleaded by Quo warranto before the death of R. 1. and have hitherto not having abused such liberty They shall be adjourned to a reasonable day before the Justices within which time they may repair to the King with the Record thereof signed by the Justices seal which done the King will confirm their estate and if any judgments have been given upon such writs by the Justices at Westminster upon the complaint of the party grieved to the King he will give them remedy V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices and all pleas now depending shall be adjourned into their proper Counties until the coming of the Justices into those parts Note that this Statute was confirmed by another Statute De quo warranto of the same year and to the same effect VI. Stat. De quo warranto 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before and of a Proclamation that such as claim liberties shall shew to the Justices at the first Assizes when they shall come into those parts how they hold them for which they shall have forty days summons and if they appear not their liberties shall be seised in the name of distress Also the form of another Proclamation that such as complain of the King's officers shall shew their grievances to the said Justices VII Stat.
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
of the party grieved the Kings Commission shall go out to enquire as well of the truth of the case and original matter as of the defaults aforesaid directed to sufficient men of the County at the discretion of the Lord Chancellor which Commissioners shall presently return into the Chancery the Enquests and matters before them found VIII Here during the Sheriffs or Under-Sheriffs remaining in his Office the Coroners shall impanell the Jury each of them having lands worth 10 l. per annum at least and upon each of which for making default the Coroners shall return Issues viz. for the first day 20 s. for the second 40 s. for the third 5 l. and for every day after double And all this the Coroner shall do in pain of 40 l. But in case the Sheriff or Under-Sheriff reputed in default be discharged of their Office the new Sheriff shall do that which the Coroners are above enjoyned to do and shall incur like penalty if they therein make default IX The Lord Chancellor upon knowledg of any such offence shall send the Kings Writ to the Justices of Peace Sheriff and Under-Sheriff of the same County to put the said Statute of 13 H 4.7 in execution upon the pain therein contained But although no such Writ be sent yet shall they not be excused of the said pain if they make no execution of the same Statute X. A Riot c. shall be repressed and enquired of at the Kings charge which the Sheriff shall disburse by Indenture betwixt the Justices of Peace and him and shall be answered him again upon his accompt in the Exchequer XI Persons guilty of heynous Riots shall suffer one whole years imprisonment without bail but petty Rioters shall be imprisoned as shall seem best to the King and his Council And greater fines shall be set upon Rioters then in time past in aid and supportation of the Justices and other Officers in that behalf XII All the Kings Liege People upon warning shall be assistant to the Justices Commissioners Sheriff and Under-Sheriff aforesaid upon pain of imprisonment and to make fine and ransome to the King XIII Bailiffs of Franchises shall cause sufficient men to be impanelled upon such Enquests if any such be found within their Liberties And the Ordinances and Pains aforesaid shall extend to Corporations and Liberties where they have Justices of Peace within themselyes XIV Stat. 2 H. 5.9 Upon a Bill of complaint for any Riot c. preferred by the party grieved to the Lord Chancellor for the time being together with a suggestion testifying the same under the seals of two Justices of Peace and the Sheriff of the County the said Lord Chancellor shall send forth a Capias returnable in the Chancery at a certain day by which if the parties offending or any of them be taken they shall be committed to ward or let to mainprise at the discretion of the said Lord Chancellor and shall be proceeded against as the Law requireth But if the Sheriff return Nonest inventus a Writ of Proclamation to be proclaimed two County-Court days shall go out returnable in the Kings Bench at a certain day before which if they render not themselves they shall be adjudged convict and attainted of the offence suggested XV. If the offence be committed within the County Palatine of Lancaster or other Franchise where there is a Chancellor and Seal The Lord Chancellor of England shall send a Writ to the said Chancellor commanding him to make such execution as in this Act is comprised ☞ XVI Stat. 8 H. 6.14 Two Justices of Peace of the Counties where Riots are supposed to be committed shall testifie that the common fame runneth in the same Counties of the same Riots before Capias shall be awarded according to the Statute of 2 H. 5.9 XVII If the offence be committed within a Liberty where there is a Chancellor and a Seal upon information of the Riot c. from a Justice of Peace and Sheriff there the said Chancellor hath power to award Writs of Capias and Proclamation as the Chancellor of England hath * XVIII Stat. 19 H. 7 13. If any Riot c. be committed the Sheriff upon a Precept directed unto him shall return 24 persons whereof every one shall have Freehold within the same County worth 20 s. per annum or Copyhold worth 26 s. 8 d. per annum or Copyhold and Freehold together worth 26 s. 8 d. per annum for to enquire of the said Riot c. And shall return issues upon every Juror making default viz. for the first day 20 s. and for the second 20 s. and all this the Sheriff shall do in pain of 20 l. XIX If the said Riot c. be found by reason of any maintenance or embracery of the said Jurors then shall the Justices and Sheriff or Under-Sheriff besides the certificate they are to make according to the Statute of 13 H. 4.7 certifie the name of such maintainers and embracers together with their misdemeanors in pain to forfeit 20 l. a piece which certificate shall have like force of proving the offence as a Verdict of 12 men And then such maintainers and embracers shall forfeit 20 l. a piece and remain in prison at the discretion of the Justices ☞ Robberies I. Stat. West 1. 9 E. 6.1 All persons shall be ready at the summons of the Sheriff and cry of the Countrey to pursue and arrest Felons in pain after attainder thereof to make Fine to the King II. If default be in the Lord of a Franchise the King shall feiz his Franchise but if in his Bailiff the Bailiff shall be imprisoned for a year and make fine to the King and if he have not whereof he shall suffer two years imprisonment III. If the Sheriff Coroner or other Bailiff for any reward fear or favour conceal consent to or procure to conceal any Felonies done within their Liberties or will not attach or arrest them where they may and be thereof attainted they shall suffer one years imprisonment and be grievously fined to the King if they have whereof but if not they shall suffer three years imprisonment IV. The Stat of Winchester Cap 1. 13 E. 1. Immediately upon Robberies and Felonies committed fresh suit shall be made from Town to Town and from Country to Country V. Cap. 2. When need requires Enquests shall be made in Towns by the Lord there and then in the Hundred after in the County and sometime in two three or four Counties when the felony is committed in the division of Counties Here if the Country will not answer the bodies of the offenders the people there shall be answerable for all the Robberies done and also for the damages So as the whole Hundred where the Robberies are done together with the Liberties therein shall be answerable for the Robberies there committed And if they be done in the division of two Hundreds both Hundreds together with their Franchises shall answer them And here
XIV If any person after such sentence given refuse to pay the Tithes or sums of money so adjudged then two Justices of Peace 1. Qu. shall upon certificate thereof from the Judge commit the party so refusing to the next Goal there to remain until he have found sureties to be bound by Recognisance or otherwise before the same Judge to the King to perform the said sentence XV. Howbeit none shall be thereby compelled to pay Tithes for lands or other hereditaments which by the Laws and Statutes of this Realm are discharged and not chargeable with the payment of Tithes Neither shall it extend to the City of London or the Suburbs thereof XVI In all cases where any person who hath any estate of inheritance free-hold term right or interest in any Parsonage Vicarage or other Ecclesiastical profit which now be or hereafter shall be made temporal and admitted to be and abide in temporal hands and to lay-uses by the Laws and Statutes of this Realm shall happen to be hereafter outed or otherwise wronged from or concerning the same he or she shall have remedy for the same in the Kings temporal Courts or other temporal Courte as the case shall require by Writs of Praecipe quod reddat Assize of Novel disseisin Mortdancester quod ei deforciat Writs of Dower and other Original Writs as the case shall require in like manner as for lands tenements and other hereditaments in such manner to be demanded XVII Also Writs of Covenant and other Writs for fines to be levied and all other assurances to be had and made of Parsonages Vicarages and other profits called Spiritual shall be devised and granted in Chancery as hath been used for fines and assurances of other lands Likewise all Judgements given and Fines levied for and of such Parsonages c. shall be of like effect as Judgments given and Fines levied of other lands XVIII Howbeit remedy for Tithes or offerings shall be had in the Ecclesiastical Court and not in temporal Courts as above by this Act is provided XIX Stat. 37 H. 8.12 A confirmation of a Decree made by Thomas Archbishop of Canterbury and others there named for the payment of tithes in London See the Statute and Decree at large * XX. Stat. 2 3. E. 6.13 The Statutes of 27 H. 8.20 and 32 H. 8.7 are confirmed And every person shall without fraud yield and pay all predial Tithes as hath been used within 40 years before the making of this Act or of right or custom they ought to have been paid XXI None shall take or carry away any tithes paid or that ought to have been paid as aforesaid before he hath justly divided and set forth for the tithe thereof the tenth part of the same or otherwise agreed for the same tithes with the Parson Vicar or other owner Proprietor or farmer thereof in pain to forfeit the treble value of the tithes so taken or carried away XXII At Tithing time it shall be lawful for the Owner claiming such predial tithes his Deputy or servant to see his said tithes be truly set out and severed from the nine parts and the same quietly to take and carry away XXIII If any person carry away his Corn Hay or other predial tithes before they be set out or willingly withdraw his tithes of the same or of other things whereof predial tithes ought to be paid or do let such owner to view take and carry away his tithes as aforesaid by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing letting or stopping shall pay the double value of the tithe so taken lost withdrawn or carried away besides costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical Laws XXIV Tithe of Cattel feeding in a Waste or Common where the Parish is not known shall be paid by the owner of such Cattel in the place where he dwells XXV None shall be compelled to pay tithes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition reall XXVI Barren heath and waste ground other then such as be discharged from tithe by Parliament which hath heretofore paid no tithes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of seven years next after such improvement pay tithes Or if they yielded some small tithe before the improvement they shall only pay that same small tithe during the first seven years but afterwards shall pay the full tithe according to such improvement XXVII Every person exercising Merchandize buying and selling or any other art or faculty being such persons and in such places as heretofore within 40 years have used to pay personal tithes or of right ought to have paid them and not day-labourers shall yearly at or before Easter pay for his personal tithes the tenth part of his clear gains reasonable charges and expences being deducted XXVIII Handy-craft men having used to pay tithes within 40 years shall still pay them XXIX The Ordinary hath power to examine him that refuseth to pay his personal tithes by any lawful means otherwise then by his own oath concerning the payment of such tithes XXX Offerings shall be paid in the place where the party dwells at such four offering dayes as heretofore within the space of four years last past have been used for the payment thereof but in default thereof at Easter XXXI Parishes that stand upon or towards the Sea-coasts the commodities whereof consist much in fishing shall pay their tithes as they have done within 40 years and their offerings as aforesaid XXXII This Act shall not extend to London or Canterbury or their Suburbs nor to any other Town or place where the Inhabitants have used to pay tithes by houses XXXIII Suits for substracting or withdrawing of tithes and other profits Spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or prohibition hanging to excommunicate the party disobeying the Sentence and if he stand excommunicate 40 days to certifie the excommunication after publication thereof at the place or Parish where such party dwels into the Chancery and thereupon to require Process De excommunicato capiendo to be awarded against the person so excommunicate XXXIV Before a Prohibition shall be granted the party Plaintiff therein shall bring a true copy of the Libel exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the same party and thereunder shall be written the suggestion whereupon the party demanded such prohibition and the Libel thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by two sufficient witnesses within six months next after such
heir at full age the reversioner or remainder in possession the feme discovert or the spiritual person in succession from having the Writ of Advouson possessory viz. Quare impedit or an Assise o Darreine presentment as their ancestor or Predecessor might have had if the Usurpation had happened in their time whereas before this Act they were in such cases put to their Writ of right of Advouson II. Howbeit this Act shall not extend to annull judgments already given but they shall be reversed by Error or Attaint III. One and the same form of pleading shall be used in Darreine presentment and Quare imped t viz. if the Defendant alledgeth plenarty of his own presentation the plea shall not stay by reason of the plenarty so as the Writ be purchased within the six moneths albeit he cannot recover within that time IV. Where partition is made upon record or by fine to present by turn the Copercener that is disturbed shall not be put to a Quare impedit but may have remedy upon the Roll or fine by Scire facias V. When six moneths pass hanging a Quare impedit or Darrein presentment so that the Bishop presents by Lapse the Patron shall recover dammages to two years value of the Church otherwise dammages onely to half a years value VI. The disturber not being able to render dammages shall in the first case have imprisonment of two years and in the other of half a year VII Writs also shall hereafter be granted for Chappels Prebends Vicarages Hospitals Abbeys Priories and other Houses which be of the Advousons of other men VIII When the Parson of a Church is disturbed to demand Tithes in the next Parish by Indicavit the Patron shall have a Writ to demand the Advouson of those Tithes and when it is deraigned then shall the Plea pass in the Court Christian IX Amongst Coperceners if one present twice together yet shall not the other be barred but have his or her turn when it falleth X. Prero Reg. cap. 8. 17 E. 2. Lapse of six moneths shall not prejudice the King's Presentation to a Church XI Stat. de Clero cap. 3. 23 E. 5. When the King collates to the Church in anothers right his Title shall be well examined and the Patron grieved shall have as many Writs thereupon as shall be needful XII Stat. de Clero cap. 7. 23 E. 3. When the Ordinary presents by Lapse and the King takes the suit against the Patron who in deceit suffers the King to recover in this case when the King 's right is not tried the Ordinary or Incumbent may counterplead the King's Title Age. I. West 1. cap. 46. 3 E. 1. If a Writ of Novel disseisin be purchased and the Disseisor die before the Assise be passed the Plaintiff shall have a Writ of Entry sur disseisin against his heir The like Writ shall the heir of the disseisee have in case he die c. II. And here Nonage of the heir of the disseisor or disseisee shall not prejudice in Assise III. If the inquest pass against the heir of the disseisee he shall have an Attaint gratis IV. Stat. of Glocester Cap. 2. 6 E. 1. where an Infant is held from his inheritance whereby he is driven to his Writ the Inquest shall pass notwithstanding his Nonage V. An Exposition of the Statute of Glocester Cap. 2. 6 E. 1. Touching an Inquest to be made for an Infant that Statute shall run without limitation of time VI. Stat. West 2. cap. 40. 13 E. 1. The suit of a woman or her heir after the death of her husband shall not be delayed by the Minority of the heir who ought to warrant the Land Aid of the King I. Stat. de Bigamis Cap. 1. 4 E. 1. Where a feoffment with a Charter thereupon being made by the King hath so much in it that another person by a like feoffment and like Deed should be bound to warranty the heir shall have Aid and the Justices shall not proceed without the King's Commandment II. Ibidem Cap. 2. But where the King onely confirmeth or ratifieth anothers Act in another mans thing or granteth any thing to a man as much as in him is or where a Deed is shewed whereby the King hath rendered any Tenement and no clause of warranty is contained therein In these and like cases the same being shewed to the King the Justices may proceed and the Tenant shall not have aid III. Ibidem Cap. 3. In Dower the King 's Grantee of a Ward shall not have Aid but the Justices may proceed according to right IV. Stat. 14 E. 3.14 Stat. 1. Upon demand of Lands in the King's hands after four Writs of search directed to the Treasurer and Chamberlains of the Exchequer for finding the King's Minuments he that defends the lands for the King shall be put to answer so that the said Writs were delivered 40 daies before their return and then Justice shall not be delayed albeit the contrary be commanded under the Great or Privie Seal * Alehouses Drunkenness I. Stat. 5 and 6 E. 6.25 None shall keep Alehouse without Licence granted either in Sess or by two Justices 1 Quo. in pain of three daies imprisonment without bail and not to be enlarged without Recognisance by himself and two sureties that he shall not keep Alehouse any longer the Certificate of which Recognisance and offence shall be a sufficient conviction at the Qu. Seff to fine him 20 sh ☞ II. The Qu. Seff or two such Justices have power to put down Alehouses at their discretion and to take Bond and surety of Alehouse-keepers by recognisance that they shall not use unlawful Games or other disorder in their houses for which Recognisance the parties bound shall pay 12 pence and whereof Certificate shall be made at the next Qu. Seff by the two Justices that take it in pain of 5 Marks III. Justices of Peace have power to inquire after the breach of this last Recognisance to award process thereupon and to hear and determine the same at their discretions IV. This Act shall not restrain the selling of Ale and Beer in Towns where Fairs are kept during the time of the Fair. V. Stat. 1 Jac. 9. No Inn-keeper Victualler or Alehouse-keeper shall suffer any Town-dwellers to sit tippling in his house in pain of ten shillings nor sell less then a full Ale-quart of the best Ale or Beer or two quarts of the small for one peny in pain of 20 shillings And here the view of one Justice or proof by two witnesses upon oath before one Justice is sufficient conviction VI. The penalties aforesaid are given to the poor of the Parish where the offence is committed and are to be levied by the Constable and Church-wardens by distress which after six days may be sold to satisfie the penalty and in default of distress the party delinquent must suffer imprisonment till he pay the penalty VII Here every Officer that neglects to levy the said penalties
shall be supplied out of the rest presented or by other such Citizens at the discretion of the said Mayor and six Aldermen XXI Pleas of Attaints commenced in London shall be tried there by Inquests of the same City and not elsewhere XXII In an Attaint there no challenge shall lie for lack of sufficiency in estate XXIII The Judgment in such an Attaint shall not extend to lands or tenements nor yet to other punishment of the petty Jury or other processes then such as are limited by this Act. XXIV In such an Attaint if the petty Jury be attainted Judgment shall be given against the Defendant as at the Common Law and against the petty Jury to forfeit each of them 20 l. or more at the discretion of the Court to be employed as other penalties forfeited before them and to suffer six moneths imprisonment or less at the like discretion of the Court and to be for ever after disabled to be a Juror XXV But if the verdict be affirmed the Grand Jury shall-further inquire the corruption of the petty Jurors and if any of them be found to have taken any reward or promises thereof he shall forfeit ten times the value thereof to the Plaintiff and shall further incurr imprisonment and disability to be a Juror as aforesaid The like forfeiture also and imprisonment shall be inflicted upon the Tenant or Defendant that shall give such reward or promise but this last forfeiture shall accrue to the City in manner aforesaid XXVI If a debt costs or dammages are recovered in the first Action whereupon the Attaint is brought and that verdict found false the Plaintiff in such Attaint may sue for restitution of such debt costs and dammages by Writ Bill or Plaint in any of the King's Courts wherein no wager of Law shall be admitted XXVII In such an Attaint if the Plaintiff be non-suit or the first verdict affirmed the Plaintiff shall be imprisoned and make fine to the use of the City at the discretion of the Court. XXVIII Where there are one or more Plaintiffs if any of them die or be non-suit and albeit all the Tenants or Defendants and some of the petty Jury die yet shall not the Attaint abate so that two of that Jury remain in life XXIX The Grand Jurors that make default shall forfeit for the first forty shillings for the second five pounds and for every other afterwards ten pounds XXX Such process shall be made against the Jurors and parties in this Attaint as is usually made in Attaints at the Common Law and shall be returnable at every Hustings XXXI The Attaint shall not remain to be taken after the first summons for the default of the Tenant or Defendant or any of the petty Jury neither shall any essoign be allowed in the same XXXII When the trial is to be per medietatem linguae the Mayor and Aldermen shall impannel half strangers worth an hundred pound a piece XXXIII Stat. 23 H. 8.3 Upon every untrue Verdict before Judges of Record except where the thing in demand extendeth not to the value of 40 l. or concerneth life the party grieved shall have an Attaint against the petty Jury and also against the party that hath the judgment thereupon XXXIV The Processes here shall be summons re-summons and distress infinite as well against the petty Jury and party as against the Grand Jury who shall be of the accustomed number and have lands of the yearly value of 20 marks out of ancient demesne XXXV The distress shall be awarded 15 daies before the return thereof and shall be made upon the land of every one of the Grand Jury as is used in other distresses XXXVI Albeit the Defendant or petty Jury or some of them appear not yet the grand Jury shall proceed XXXVII If any of the petty Jury appear the Plaintiff shall assign the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the Writ Processes Return and assignment be good but that they made true serement which shall be tried by 24 of the Grand Jury unless the Plaintiff hath before been non-suit or discontinued his suit or had judgment against the same Jury for the same Verdict XXXVIII Howbeit the Defendants may plead that they gave a true verdict or any other matter which may barr the Attaint but notwithstanding such plea the Grand Jury shall nevertheless inquire whether the first Jury gave a true verdict or no. XXXIX If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided betwixt the King and the Plaintiff and incurr several fines at the discretion of the Justices and be ever after disabled to give testimony in any Court XL. If the Defendant's plea in bar be found against him the Plaintiff shall have judgment to be restored to that he lost with his reasonable costs and dammages XLI Outlawry or Excommunication shall be no plea against the Plaintiff in Attaint and in the aforesaid process such day shall be given as in dower but no essoign or protection allowed XLII If the Grand Jury appear not so that the petty Jurie's verdict remains untried the defaulters shall upon the first distress forfeit 20 s. upon the second 40 s. and upon every default after 5 l. The like penalty is also to be inflicted upon the Tales XLIII The Attaint is maintainable so long as any two of the petty Jury are alive XLIV An Attaint shall also lie for a personal thing under the value of 40 l. in manner aforesaid save onely that in such case the Grand Juror is to have lands worth 5 marks per annum out of ancient demesn or to be worth 100 marks in goods and the forfeiture of each petty Juror shall be but 5 l. XLV For want of sufficient Jurors in one County a Tales shall be awarded into another County at the discretion of the Justices XLVI An Attaint shall also lie for him in reversion or remainder And also in Attaint if the Plaintiff be non-suit or discontinue the suit he shall be fined at the discretion of the Justices XLVII All Attaints shall be hereafter taken in the King's Bench or Common Pleas and not elsewhere and Nisa prius shall be granted upon the distress at the discretion of the Justices also any of the petty Jury may appear and answer by Attorney XLVIII As concerning the forfeitures the several moieties shall be recovered by the King and parties respectively by Ca. sa or Fi. fa. or Elegit or Action of debt against each of the petty Jury their Executors or Administrators having then sufficient goods of the Testators not administred XLIX Judgment and Execution of restitution to the Plaintiff and of discharge of restitution to the Tenant or defendant shall be given and had as in case of a grand Attaint hath been used L. The Non-suit or release of one Plaintiff shall not prejudice his companions LI. In every
and Duchie Chambers with the Kings Copihold tenants concerning their Copiholds within three years from the first day of this Parliament are confirmed saving the right of all others ☞ Cordwainers Curriers Tanners and Leather * I. Stat. 27 H. 8.14 None shall pack any Leather to be transported but by a Packer sworn in pain to forfeit the leather or the value thereof And every stranger shall pay for the custome of a Dicker of leather 4 s. 9 d. and a Denizon 4 s. 1 d. II. The Customers and Controllers shall name and appoint a Toller in every Port where none are and shall also give him his oath for the due execution of his Office in the presence of the Customer and Controller or their Deputie or Deputies III. The fee for tolling leather is for every Dicker of a stranger 6 d. whereof the Toller is to have 2 d. and the Communalty there the rest of a Denizon 4 d. to be divided betwixt the Toller and the Communalty and of a Free-man of the Port 2 d. IV. The Customers and Controllers shall also appoint and swear a Packer in every Port respectively who may put up in one pack as many Dickers under seven as the owner of the leather pleaseth and his fee is 4 d. a pack V. If the Packer pack any leather before it be tolled and entred by the Customer or his Deputy or pack more then shall be entred he shall forfeit for every such offence 5 l. and suffer imprisonment at the King's pleasure and if the Toller number any leather in the absence of the Customer Controller or his or their Deputy or Deputies he shall forfeit five marks VI. If any stranger or his Factor convey any leather from one Port to another with an intent to transport it also afterwards from the second Port he shall cause the same to be Tolled entred and packed at the second Port and shall have a certificate thereof from the Customer there in pain to forfeit the same or the value thereof VII None having a Tanne-house shall transport any leather without the King's licence in pain to forfeit the same or the value thereof VIII These forfeitures shall be divided betwixt the King and the prosecutor IX This Act shall not prohibit a Captain of a Ship of the King 's in time of war nor the owner nor Master of a Ship bound for a voyage to take salt hides with them so they exceed not the number of 18 Also untanned hides of beasts killed in Wales or the Marches may be transported notwithstanding this Act except by one keeping a Tanne-house * X. Stat. 5 E. 6.15 None shall buy or ingross leather to the intent to sell the same again in pain to forfeit the same leather or the value thereof to be divided betwixt the King and the prosecutor or seisor XI This Statute shall not restrain Girdlers or other Artificers to sell their necks wombs or shreds nor the buying of so much leather as the party which buyes it hath license to transport XII None shall transport any Shoes Boots Buskins Start-ups or Slippers in pain to forfeit the same or the value thereof to be divided betwixt the King and the prosecutor or seisor XIII No Girdler or other cutter of leather shall curry it in his own house in pain to forfeit the same to be divided betwixt the King and the prosecutor * XIV Stat. 1 M. Parl. 2.8 No Artificer using the Mysterie of leather-buying shall buy any leather and sell the same again to be transported in pain to forfeit the same to be divided betwixt the King and the prosecutor XV. No Curriers in London shall use their own stuff in pain to forfeit the leather otherwise curried XVI No Currier shall curry any hides betwixt St. James-tide and the Ladie-day but onely such as have been sufficiently dipped twice in the pan in pain to forfeit the same to be divided as aforesaid XVII A Currier shall dress his leather within the space of five days in Summer and of ten days in Winter in pain to forfeit to the party grieved for every hide otherwise dressed 10 s. * XVIII Stat. 5 El. 22. None shall make any Pelts viz. pull or take away any wool from any Sheep or Lamb-skins or buy any kind of Stag Hind Buck Doe Goat Fawn or Kid or the pelts of any of them unless they make thereof tawed or leather lawfully tanned or parchment or otherwise convert the same into semits pannels or other their own necessary uses in pain to forfeit the value of such skins and 2 s. 6 d. for every skin otherwise used * XIX Stat. 18 El. 6. None shall ship any leather tallow or raw hides except Scotch hides according to the proviso of 5 El. 8. now repealed by 1 Ja. 22. in pain to forfeit the same and the treble value and the owner of the ship knowing the same to forfeit his ship and the furniture thereof and the Master thereof also knowing the same to forfeit all his goods and to suffer one year's imprisonment without bail The forfeitures are to be divided betwixt the King and the prosecutor XX. If the Owner Master or Mariner within 3 moneths after his knowledge thereof or at his return into England shall upon oath discover it bona fide to one of the Barons of the Exchequer either of the Lords Presidents or an head-officer of the Port where he lands and afterwards shall be ready to justifie it he shall be thereupon excused XXI He that transports any Leather Tallow or raw hides otherwise then according to the aforesaid proviso shall pay by the name of Subsidie 10 s. for every hide 3 s. 1 d. for every dozen of Calfs-skins and 6 s. 8 d. for every 100 weight of Tallow XXII The Customers c. shall be accountable to the Queen for the said subsidie and shall pay the same unto her upon the pain contained in 3 H. 6.3 * XXIII Stat. 1 Jac. 22. None shall gash any Hide in pain of 20 d. nor water them except in June July and August nor put them to sale being putrefied in pain to forfeit for every Hide so watered or put to sale 3 s. 4 d. XXIV None shall kill any Calves under five weeks old in pain to forfeit for every Galf so killed 6 s. 8 d. * XXV No Butcher shall exercise the mysterie of a Tanner in pain of 6 s. 8 d. for every day he so continues both professions XXVI None shall be Tanners but such as have served seven years as Apprentices or hired servants in that Trade or the Widow or children of a Tanner having a Tanne-fat left them and having been brought up in that Profession by the space of four years in pain to forfeit all the leather they tanne or the full value thereof XXVII None that useth the cutting or working of Leather shall be a Tanner in pain to forfeit all the Leather he tannes or the value thereof XXVIII None shall buy any rough Hides
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
upon such refusal which Jury may upon evidence indict the party refusing as well as if the indictment were preferred in the proper county XXV If any refuse to take this Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both cases both they and their accessaries shall suffer as in case of High Treason But here there shall be no corruption of bloud disheriting of any heir forfeiture of Dower or prejudice to the right of any save onely of the offender during his life and then the party next in reversion or remainder may enter without any Oustreâ—le main to be sued Here also none shall be deemed an accessary for giving of alms in charity to the offender without fraud XXVI This Oath shall be expounded in such form as is set forth in an admonition annexed to the Queen's Injunctions published in the first year of her reign viz. to acknowledge in her Majesty her heirs and successors such authority as was challenged and used by H. 8. and E. 6. and none other XXVII This Act shall be published every Quarter-sessions by the Clerk of the Peace and at every Leet by the Steward there and once every Term in the open hall of every Inns of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XXVIII Every member of the Commons House before he shall have a voice there shall take this Oath before the Lord Steward or his Deputy and if he enter the House before he take it he shall incurre such penalties as he who presumes to sit there without election return or authority XXIX None of or above the degree of a Baron shall be compelled to take this Oath and a Peer offending this Act shall be tried by his Peers XXX Provided that none shall be compellable to take this Oath upon a second tender or be in danger by refusal thereof to incurre the penalty of High Treason save onely Clergie-men Officers of Ecclesiastical Courts or such as shall not observe the rites of Divine service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or hear private Mass XXXI It shall not be lawfull to slay one attainted in a Praemunire XXXII Saving the due execution of every person attainted upon judgment lawfully given by reason of this Statute or otherwise saving all such pains of death or other punishment as heretofore might without danger of Law be done upon any person that shall send or bring into the Queen's Dominions or within the same execute any process against any person from the Bishop or See of Rome XXXIII None shall be hereafter indicted as an accessary for any of the said offences without such sufficient proof as may satisfie the Jury that are to indict him * XXXIV Stat. 13 El. 2. If any shall obtain or put in ure any Bull of absolution or reconciliation from the Bishop of Rome or absolve or be absolved thereby they and their accessaries before the fact shall be adjudged guilty of High Treason XXXV The comforters and maintainers of such offenders shall incurre a Praemunire and their concealers misprision of Treason unless within six weeks they discover them to some of the Privie Council or to one of the Presidents or Vice-Presidents of the Councils established in the North or Marches of Wales XXXVI Provided no person shall be impeached of misprision of treason for any offence made treason by this Act other then such as are hereby declared to be in case of misprision of Treason XXXVII If any shall bring into any of the Queen's Dominions any Agnus Dei Crosses Pictures Beads or any such vain or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire Howbeit if the party unto whom tender thereof shall be made apprehend the party tendring the same and carry him before the next Justice of Peace or not being able so to do within three days after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of Peace within the same County or having received the same doth within one day after deliver it to some such Justice of Peace then shall he not incurre any Prejudice by reason of this Act. XXXVIII A Justice of Peace shall disclose the offences aforesaid to the Privy Council within fourteen days after he shall have notice thereof in pain of incurring a Praemunire XXXIX Here the trial of Peers shall be by their Peers XL. The right of others saved * XLI Stat. 23 El. 1. It shall be high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any within the Queen's Dominions from their natural obedience to her Majesty or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shall be willingly so withdrawn or reconciled as aforesaid together with the procurers and Counsellors of such offenders shall be adjudged guilty of the same offence ☞ XLII Also their aiders and maintainers who do not discover them within twenty days to some Justice of Peace or higher Officer shall be adjudged guilty of misprision of Treason XLIII None shall say or sing Masse in pain to forfeit 200 marks to suffer one year's imprisonment and not to be enlarged thence untill the fine be paid And none shall hear Masse in pain of one year's imprisonment and a hundred marks * XLIV Every person not repairing to Church according to the Statute of 1 El. 2. which see in Service and Sacraments shall forfeit 20 l. for every moneth they so make default and if they so forbear by the space of twelve months after certificate thereof made by the Ordinary into the King's Bench a Justice of Assize Gaol-delivery or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 l. at least to the good behaviour from which they shall not be released untill they shall repair to Church according to the said Statute XLV None shall keep a Schoolmaster which absents himself from Church or is not allowed by the Bishop or Ordinary in pain of 10 l. for every moneth he so keeps him and such Schoolmaster shall be for ever after disabled to teach youth and shall suffer one whole year's imprisonment without bail ☞ XLVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queen's reign touching the acknowledging of her supreme Government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realm shall be inquirable before Justices of Oyer and Terminer Assize Gaol-delivery and Peace in their Circuits
and Sessions within one year and a day after such offence committed except treason and misprision of treason XLVII Provided that any of the offenders aforesaid which shall before judgment submit and conform themselves to the Bishop of the Diocess or in open Assize or Sessions shall be discharged of every the offences aforesaid except treason and misprision of treason and of all pains and penalties incurred for the same XLVIII Of the forfeitures abovesaid two third parts the Queen shall have one to her own use the other for relief of the poor in the Parish where the offence is committed to be delivered without further warrant then of the principal Officers of the Receipt of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three moneths after judgment shall be committed to prison and there remain untill he hath satisfied them or shall conform himself and go to Church XLIX They that have on Sundays the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but four times in the year at least are present at Divine Service in their own Parish-Church or some other open Chappel of ease shall not incurre the penalty aforesaid for not coming to Church L. All covinous grants to defraud the interest which the Queen or any other person may claim by virtue of this Act or of 13 El. 2. shall be adjudged void LI. If a Peer of the Realm happen to be indicted for any offence made treason or misprision of treason by this Act he shall be tried by his Peers LII This Act shall not abridge the jurisdiction of Ecclesiastical censures * LIII Stat. 27 El. 2. All Jesuits and Seminary Priests and other Ecclesiastical persons born within any of the Queen's Dominions and ordained or made such by the pretended jurisdiction of the See of Rome which come into or remain in any of the said Dominions shall be adjudged guilty of high Treason and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged felons without benefit of Clergie LIV. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six moneths after Proclamation made in London in that behalf return into this Realm and within two days after such return before the Bishop of the Diocess or two Justices of Peace of the County where they shall arrive submit themselves to the Queen and her Laws and take the Oath of Supremacie shall be also adjudged guilty of high Treason LV. They who give or send relief to any such Ecclesiastical person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire LVI These offences shall be heard and determined in the King's Bench or in any County where they shall be committed or the offender taken LVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three days after his arrival shall submit himself to some Arch-bishop Bishop or Justice of Peace of the County where he lands and there take the Oath of Supremacie and under his hand acknowledge to continue in due obedience to her Majestie 's Laws LVIII Here the trial of a Peer shall be by his Peers ☞ LIX If any person knowing a Jesuit or Priest to remain within any of the Queen's Dominions do not within twelve days discover the same to some Justice of Peace he or she shall make fine and suffer imprisonment during the Queen's pleasure and the Justice of Peace which doth not within 28 days after disclose it to some of the Privy Council or to the President or Vice-President of the Councils in the North or Marches of Wales shall forfeit 200 marks and such of those Councils unto whom such information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them LX. All Oaths Bonds and submissions as aforesaid shall within three moneths be certified into the Chancery by the parties before whom they are taken in pain of 100 l. LXI None having submitted as aforesaid shall within ten years after come within ten miles of the Court in pain to lose the benefit of his submission LXII Stat. 29 El. 6. All grants incumbrances or limitations of use made by any person not repairing to Church according to the Stat. of 23 El. 1. and which are revocable by the offender intended for his maintenance left at his disposition or in consideration whereof he or his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seizures for the same purpose ☞ LXIII Every conviction of any offence before mentioned shall be in the King's Bench or at the Assize or Gaol-delivery and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the Term then next following LXIV The Queen may seize all the goods and two third parts of the lands and leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay in to the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth for so long time as they shall forbear to come to Church according to the said Stat. of 23 Eliz. 1. LXV The indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realm LXVI When an indictment is found against such an offender Proclamation shall be made that he shall render himself into the Sheriff's hands before the next Assize or Gaol-delivery which if he do not that neglect shall be as sufficient a conviction as if upon the same indictment a trial by verdict had proceeded LXVII But here upon the offender's submission according to the said Stat. of 23 El. or death no forfeiture shall insue save onely the arrearages due at the time of such submission or death LXVIII The Lord Treasurer Chancellor and chief Baron or any two of them shall assign a third part of the forfeitures of 20 l. a month for the relief and maintenance of the poor houses of Correction and maimed souldiers LXIX This Act shall not extend to grants made bona fide nor to continue any seizure after the death of the offender in such lands wherein he had onely an estate for life or in the right of his wife * LXX Stat. 35 El. 1. If any above sixteen years of age shall be convicted to have absented themselves above a moneth
successours or by any authority derived or pretended to be derived from him or his See against the said King his heirs or successors or any absolution of the said Subjects from their obedience I will bear faith and true allegiance to his Majesty and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their Crown and dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his heirs and successours all treasons and traitorous conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledg by good and full authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian So God me help CIX Unto this Oath the party taking it shall subscribe his name or mark CX No Indictment against a Recusant shall be reversed for lack of form other then by direct traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid CXI The party conforming himself shall from thenceforth be admitted to discharge or reverse an Indictment CXII None shall go out of this Realm to serve any forein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if he have born office amongst Souldiers before his departure out of the Realm he shall enter into Bond unto the King's use with the Condition following upon like pain of being adjudged a felon The Condition is this CXIII That if the within bounden c. shall not any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracy whatsoever against the King's Majesty his heirs and successors or any his or their estate or estates Realms or Dominions but shall within convenient time after knowledge thereof had reveal and disclose to the King's Majesty his heirs and successors or some of the Lords of his or their honorable privy Council all such practices plots and conspiracies That then the said Obligation to be void CXIV None but the Customer and Controller of a Port or their deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall onely take 6 d. and nothing for the Oath and shall once every year certifie into the Exchequer every such bond in pain of 5 l. and every such oath in pain of 20 s. CXV To absolve or withdraw any of the King's Subjects from their natural obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged High Treason CXVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so being reconciled onely that shall return into this Realm and within six days after before the Bishop of the Diocess or two Justices of Peace jointly or severally of the County where he shall arrive submit himself to the King and his Laws and take the Oath of Supremacy and also the Oath abovesaid which said Oaths the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next General Sessions in pain of 40 l. CXVII Here the trial of Treason shall be before Justices of Assize and Gaol-delivery of that County for the time being and may also be before the Justices of the King's Bench but Peers in this case shall be tried by their Peers CXVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of Peace by the partie 's own confession or the evidence of one witness the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-wardens of the Parish under his hand and seal to levy 12 d. for every such default by distress and sale of goods and in default of distress the Justice may commit the offender to prison until he pay the forfeiture aforesaid which shall be imployed for the use of the poor but this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12 d. upon the Stat. of 1 Eliz. 2. Which see in Sacrament CXIX None shall keep or retain any person in their house servant or other which shall forbear to come to Church by the space of a moneth together in pain to forfeit 10 l. for every moneth they so keep them Howbeit children may relieve their father or mother and Guardians their Wards or Pupils CXX The Sheriff upon a lawful Writ may justifie to break an house for the taking of a Recusant excommunicate CXXI The Justices of the King's Bench and Justices of Assize and Gaol-delivery may hear and determine all the offences committed against this Act and so may Justices of Peace all save Treason CXXII The offences made felony by this Act shall not cause loss of Dower corruption of bloud or disherison of heirs CXXIII Here if an Action shall be brought against an Officer for the execution of this Act he may plead the general issue and yet give special matter in evidence CXXIV This Act shall not abbridge the jurisdiction of Ecclesiastical censures CXXV None shall be punished for his wife's offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CXXVI Six of the Privy Council whereof the Lord Chancellor Lord Treasurer or Principal Secretary shall be one have power to minister the Oaths abovesaid to noble men being 18 years old and to noble women also of the like age and unmarried who shall take the same Oaths accordingly in
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
power to examine the Customers in that case and to punish them if they finde them faulty But note that these two last Statutes are now out of use * V. Stat. 5. 6 E. 6.19 None shall give or take any more for the exchange of coin then the true value thereof amounteth unto in pain to forfeit the mony so exchanged or suffer one years imprisonment and to be fined at the King's pleasure and the said forfeiture is to be divided betwixt the King and seizer or prosecutor Eschequer I. Stat. Scaccarii 51 H. 3. All Bailiffs Sheriffs the Justices of Chester Receivers of Wards and Escheats and other Officers shall account in the Exchequer to the Treasurer and Barons there and all Sheriffs Farmers Bailiffs of Franchises and others that ought to come to the profer of that Court the Monday after Mich. and the Monday after the Utas of Easter shall then pay in their Farms Rents and Issues and upon default they shall there remain until payment or agreement made for the same and in case of absence they shall be amercied II. Then also shall the Sheriffs and Bailiffs pay in their summons of the Exchequer and be then also ready to make account for the things aforesaid and if the Bailiffs fail to do it their bodies shall remain in Ward of the Sheriffs and the Sheriff shall levy the King's debts by himself or his own Bailiffs where the Bailiffs of the Franchises fail to do it III. The Justices of Chester shall have day to accompt from year to year in Quind Paschae and the Bailiffs thereof in the Monday of Easter Utas IV. All Sheriffs except of Westmerland Lancaster Worcester Rutland and Cornwal shall keep all Wards and Escheats belonging to the King and shall be answerable for the issues thereof in the Exchequer at the terms aforesaid and at their turns they shall finde office of such things as belong to the King and which are not used to be found before the Escheaters with as little grievance of the people as may be And shall seize such Escheats as fall to the King in fee and shall without delay certifie the King thereof V. The King shall assign three able persons to survey and finde yearly the Wards and Escheats aforesaid which the Sheriffs shall let to farm for the King 's best advantage VI. The Sheriff of Cumberland shall be Escheater in Westmerland and Lancaster the Sheriff of Nottingham in Rutland the Sheriff of Glocester in Worcester and the Sheriff of Devonshire in Cornwal and shall safely keep the King's Wards and Escheats in those Counties and at the terms aforesaid shall be answerable for the issues thereof in the Exchequer as well as for those of their own Counties VII The said Surveyors shall approve and mannage the King's demesnes and shall be answerable for the issues thereof and the Farmers shall be chargeable to the principal Approvers and they in the Exchequer yearly the Munday after Ascention day VIII Also the Collectors of the Custom of the Wooll shall account and pay yearly in the Exchequer at the two Terms aforesaid IX The Keeper of the King's Wardrobe shall also account yearly at the feast of S. Margaret X. The Treasurer and Barons shall prefer the taking of these accounts before any other business to be heard in Court except it concern the King 's own debt XI One Sheriff shall not be received to accompt during anothers account nor until the first acconntant hath paid all his mony XII The Constable Marshall Chamberlain and other that are of fee in the Exchequer shall present to the King such as are of good fame to execute their offices and for whom they will answer XIII No Deputy-officer without the licence of the Treasurer and Barons shall be there received unless he be sworn and if he commit any trespass and be not able to satisfie the punishment inflicted his superiour shall be answerable for it XIV The Officers of the Wool-staple shall make oath to certifie the Treasurer and Barons or some of them or if need require the King himself of all defaults and offences committed in the Woolstaple XV. About the feast of S. Margaret and before the close of the Exchequer search shall be made whether any Sheriff or Bayliff have failed to account that year and if any be a remembrance thereof shall be made in the Roll and if it be a Sheriff his account shall be first heard after Michaelmas but if a Bayliff he shall be summoned or distrained to account at a certain day XVI The Surveyors of the King's works shall be chosen by the oath of 12 men and of such as may best attend that Office and are sufficient to answer the King if need be and shall swear that they bear lawful witness and if the Treasurer or Barons suspect the sale allowances of charges or the like the truth thereof shall be inquired and he that is attainted shall answer the King as much as the allowances amounteth unto shall suffer a year and forty dayes imprisonment and be further punished at the King's pleasure and the Surveyors shall be also punished for their consent and here he that concealed any thing wherewith he is chargeable shall be punished as well as he that admitted such false allowances XVII All Justices Commissioners and others shall deliver into the Exchequer yearly after Michaelmas the estreats of fines and amerciaments taxed before them and the Exchequer shall estreat them out in the summons to all Counties except the estreats in Eyre which shall be delivered immediately after the Eyre made XVIII Stat. de Rutland 10 E. 1. From henceforth the bodies of Shires shall not be written in several Rolls but in a certain annual Roll by themselves which shall be read every year upon the accounts of Sheriffs XIX The remanents of the ferms shall be written by later dates in the annual Rolls and the Sheriffs shall be charged therewith in which remanents Liveries Alms assigned and other allowances if Sheriffs have had any of the issues of their Bailiwicks by the King's Writs shall be allowed and to the end the King may not be abused in such allowances the Treasurer and Barons shall certifie the Chancellor the due allowances and the Writs of allowances shall be made according to such certificate XX. Also in those annual Rolls shall be written the Sheriff's terms the profit of Counties the ferms of Serjeanties Asserts Cities Burrows Towns and other ferms whereof there is answer yearly made in the Exchequer In them likewise shall be written all debts determined gross debts and all other debts that seem to be clear Howbeit new duties shall not be written therein but those debts whereof there is hope of payment and whereof the Sheriff is answrable and debts found in the originals XXI Of dead ferms and desperate debts whereof there is no hope one roll shall be made intituled Comitatus and shall be read yearly upon the Sheriff's account and the debts there
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
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.
they or two of them 1 Qu. shall think fit XVI Here the presentment of a Justice of Peace in Sessions upon his own knowledge shall be a good conviction whereupon the Justices in Sessions or any two of them 1 Qu. may assess a fine as well as upon a verdict of 12 men Howbeit the Delinquent shall here be admitted to his traverse as in other cases XVII The fines assessed in Sessions shall be estreated by the Clerk of the Peace levied accounted and imployed as by the Stat. of 2 3 P. M. 8. is provided XVIII Stat. 18 El. 10. A Subsidy-man according to 5 l. in goods or 40 s. in lands not chargeable towards the High-ways by the Stat. of 2 3 P. M. 8. shall find two able men to labour in the ways as by the said Statute is appointed XIX Every person having a Plough-land in several Parishes shall be chargeable with a team or draught in that Parish onely where he dwels Howbeit having intire Plow-lands in several Parishes he shall for every one of them find a team in the several Parishes where they lie although he be not inhabitant there XX. Every person not scouring his Ditches or not keeping low his hedges trees and bushes according to the Statute of 5 El. 13. shall forfeit for every such default 10 s. and he that scours not his ditches in the ground next adjoyning to the ground which is next the High-way to the end the water may have the better passage over the said groud next the High-way shall forfeit 12 d. for every rod so left unscoured XXI None shall cast the scouring of his ditch into the High-way and suffer it to lie there six moneths in pain to forfeit 12 d. for every load and it shall be lawfull for the Surveyors to make sluces where any such banks have been heretofore cast up XXII The penalties forfeited upon this Statute shall be levied by the Surveyors for the time being by distress and sale of goods and shall be imployed towards the amendment of the High-ways but if the Surveyors neglect to do it within one year after the offence committed the Constable and Churchwardens shall do it according to the provisions of the before-recited Statutes XXIII Justices of Assiz Oyer and Terminer Justices of Peace in Sessions Stewards in Leets have power to hear and determine the said offences XXIV Certain provisions for the repair of King's Ferry in the Isle of Shippery and of the ways leading thereunto XXV Stat. 39 El. 19. An Act for the repair of the High-ways in the welds of Sussex c. used for Iron-works wherein Justices of Peace have power to meddle See the Statute at large * XXVI Stat. 13 14 Car. 2. cap. 2. Stat. 2. Commissioners to be appointed by the King under the Great Seal for surveying ordering enlarging amending making or cleansing any Vaults Sinks or Sewers Pavements and amoving any nufances or encroachments by Sheds Stalls Posts or Walls within London and Westmister XXVII Provided such nusances which be above 30 years standing shall not be removed without satisfaction to the occupiers to be given by the Commissioners and upon difference of how much the Barons of the Exchequer to determine the same XXVIII Timber and irregular buildings to be prevented and upon conviction by view of the Commissioners or any 5 of them to be removed within one moneth after notice upon pain of 40 s. they shall after continue XXIX Certain High-ways and new built streets about London to be repaired and paved by the Commissioners at the charge of Owners of houses thereto adjoyning XXX Every load of Hay standing to be sold upon any the places new paved shall pay 6 d. and every load of Straw 2 d. towards paving and maintaining the same the same and all fines rents and penalties upon this Act to be levied by distress and defaults of distress imprisonment of the offendors XXXI The Commissioners for the Streets and ways may appoint a Clark and Collector Rakers or Carriers away of the Ashes and Filth and Scavengers and call them to an accompt and may hear and determine all differences concerning paving and cleansing the Streets XXXII Scavengers and Rakers may appoint fitting publick and vacant places to lay the Ashes and Filth of the streets in and and may pass through any Wharfs Dock or Yards with the same giving satisfaction to the owners of such yards upon any difference or unreasonable demand for such passage to be ascertained by the said Commissioners wherein upon any wrong the party injured may apeale for relief by petition to the Lord Treasurer and Barons of the Exchequer XXXIII The Commissioners to be accomptable for all rents fines and profits in the Exchequer and there to deliver in an accompt every Trinity Term. XXXIV All Streets Lanes Allies and places within London and Westminster Borough of Southwark and places adjacent to be cleansed of all Ashes Dirt and Filth twice every week XXXV None shall cast or lay before their doors or walls any Sea-cole ashes Dirt or Filth upon pain of 5 s. nor before the houses or walls of their neighbours nor before any Church Church-yard the King's houses nor cast the same into any publick sink or vault within London or Westminster or Southwark upon pain of 20 s. for every offence and all Churchwardens Keepers of White-hall Porters of Noble-men's houses and Keepers of Courts of Justice shall be liable to the like penalty for their neglect therein XXXVI None shall keep or cleanse Barrells nor mend Coaches or hew Timber in the streets upon pain of 20 s. for every offence XXXVII Rakers and Scavengers shall bring carts every day to receive and carry away Ashes and Filth upon pain of 40 s. for every neglect therein XXXVIII Every Justice of either Bench Baron of the Exchequer and Justice of the Peace of London and Westminster have power upon their own view or proof by one witness upon oath to convict persons offending against this Act and to dispose the penalties towards mending and cleansing the streets if upon proof half to the party informing if upon conviction by view then the whole towards repairing and cleansing the streets or ways to be levied by warrant from any such Justice under his hand and seal directed to the Constable or other Officer of the same parish by distress and sale of his goods and for default if no Peer imprisonment untill payment XXXIX Scavengers and Rakers within London to be elected and rates Assessed for their wages according to the ancient custome and new messuages to be rated as others and so also within the City of Westminster in all other Parishes and places as formerly to be chosen upon every Tuesday or Wednesday in Easter-week and two Tradesmen shall be Scavengers in every Parish to continue for a year who shall perform the office upon pain of 20 l. but upon refusal others shall be chosen the said penalties to be levied and imployed for mending the streets and
ways of the same Parish by distress and sale of the offendor's goods and imprisonment in default by warrant as aforesaid XL. Within 20 days after election of such Officers a tax or pound rate shall be made by the Inhabitants of every Parish which being confirmed by 2 Justices of the Peace shall be quarterly paid upon demand by the Officers appointed and upon refusal levied by distress and sale of the goods by warrant from 2 Justices of the Peace and for lack of distress by imprisonment of the Offendor not being a Peer until payment XLI Provided all Actions against Persons for executing this Act shall be laid in their proper County and the defendant may plead the general issue and recover treble costs if wrongfully vexed XLII Several houses in and about London obstructing the common passages to be removed and Commissioners by the King to be appointed under the Great Seal to receive contributions for enlarging the streets and ways and to treat with the owners for satisfaction for pulling down the same which Commissioners are to take an oath impartiality to execute this Act the Lord Mayor of London to be a joynt Commissioner with them and the Dean of Westminster Steward and Deputy Steward to be also joynt Commissioners within the said liberties This Act to continue till the end of the first Sessions of the next Parliament XLIII Stat. 14 Car. 2. cap. 6. For enlarging and repairing common High-ways Surveyors shall be chosen upon Munday or Tuesday in Easter-week yearly in every parish upon pain of 5 l. for default thereof XLIV The said Surveyors shall within 20 days after Election view all the High-ways and Bridges within their Parish and consider of needful reparations and thereupon with 2 or more substantial Householders make an assessment for repair thereof not exceeding 6 d. in the pound for one year 20 l. stock to be rated as 20 l. per annum which being allowed by some Justice of the Peace shall be paid within 20 days after demand by the Surveyors upon pain of forfeiture of double so much unless upon complaint to the said Justice he shall think fit to alter the same XLV The Surveyors shall cause all nusances in High-ways or Ditches and water-courses not scoured to be amended and the offenders punished by law and deduct their charges for prosecution thereof and may yearly between the 1 of May and the last of August hire labourers carts and carriages for that purpose XLVI They may appoint persons to work in the High-ways according to former laws and Carts and Carriages for more days then by former laws directed paying according to the rates of the Country and one Justice of Peace may upon questions of value determine the same and upon neglect or refusal of any person charged he shall forfeit 10 s. for a Team a day and 18 d. for a labourer Provided none be charged for lands and stock which he useth upon the same XLVII The Surveyors within their Parishes by order from the quarter Sessions and upon view and by consent of 2 Justices authorised by the said Sessions under their hands and seals in writing may enlarge any High-way not of to the breadth 8 yards out of the sale of the owner in such manner as by the Act appointed XLVIII In case of want of gravel sand c. in one Parish it may be digged in the waste of another filling up the pit again if required XLIX In case of want of gravel sand or other materials in any Common or Waste of any Parish the same may be digged in the soile of any owner the same not being a House Orchard Garden Court-yard Park with deer or Meddow rendring damages to the owner for digging and filling again the pit L. No travelling Waggon Wain or Carriage for hire other then carriage for Husbandry managing lands carrying Hay Straw Corn unthreshed Coal Chalk Timber for Shipping materials for building stones Amunition and Artillerie for the King's service shall go in any High-way with above 7 Horses whereof 6 by paiers and not above 8 Oxen or six and two Horses by paires nor carry above 2000 weight between 1 October and 1 May nor above 3000 between 1 May and 1 October nor above 8 quarters of Barley Mault or Oates nor with any wheeles less then 4 inches broad in the tyre upon pain of 40 s. one third part whereof shall be to the Surveyors one other third part to the poor of the Parish and the other third part to the discoverer to be levied by distress and sale of the offenders goods if payment be not made within 3 days and the offences aforesaid declared common nusances LI. Suits against any Officers for any thing done upon this Act shall be tried in their proper Counties the defendant may plead the general issue and if wrongfully sued recover double costs LII All moneys assessed and charitable gifts for mending the High-ways Pavements c. and all fines and forfeitures not otherwise disposed by this Act and all amerciaments upon Parishes for repairing High-ways shall be imployed by the respective Surveyors within their respective Parishes by warrant under their hands and seals and levied by distress and sale of the offendors goods as aforesaid LIII All Surveyors shall within one moneth after their year expired give in an accompt under their hands in writing to the parish of all their receits and disbursements and of all arreares fines forfeitures penalties and charitable gifts and pay what remains in their hands to the succeeding Surveyors and upon default and complaint to any 2 Justices of the Peace near the said Parish the said Justices shall commit the party offending to prison till a true accompt be made LIV. Justices of Oyer and Terminer and of the Peace may enquire of hear and determine matters of Charitable gifts for mending High-ways and also all offences in Surveyors and other concerning High-ways and make orders therein Provided persons grieved by such orders may appeal to the Chancery as upon decree upon the Statute of charitable uses LV. No certiorari shall be allowed to remove any information indictment or other proceedings in the quarter Sessions touching any matter in this Act unless the Parties prosecuted give security to the prosecutors to pay them their costs and damages LVI Proviso touching the lessees of the Iron works in Surroy Sussex and Kent LVII Proviso not to lay any new charge where the Justices at the quarter Sessions or two Justices near the Parish shall be satisfied that the High-ways may be sufficently repaired without help of this Act. LVIII Tenants and Occupiers are to pay Assesments for High-ways LIX The power of Assessing to continue onely for 3 years LX. All other powers continued till the end of the first Session of the next Parliament and no longer LXI Stat. 15 Car. 2. cap. 1. Stat. 3. An Act appointing speciall Commissioners with power to oversee and repair the High-ways within the Counties of Hertford Cambridge and
forfeited is saved XXXV The Act shall not extend to any Sheriff or Minister of a Corporation so that they return like issues as before are limited XXXVI Stat. 4 5 P.M. 7. A Tales de circumstantibus may upon request for the King or Queen by any authorized thereunto or assigned by the Court or upon request by the Prosecutor or his Attorney and by the command of the Justices of Assize of Nisi prius be granted in a suit commenced upon a penal Statute XXXVII The Stat. of 35 H. 8.6 shall be interpreted to give like advantages to the king Queen and prosecutor as it doth there to the Plaintiff as if such suits for the King had been there particularly mentioned XXXVIII Stat. 5 El. 25. Tales de circumstantibus shall be grantable in the 12 Counties of Wales and the Counties Palatine of Chester Lancaster and Durham being of the same effect with the Statute of 35 H. 8.6 See the Statute at large XXXIX Stat. 14 El. 9. In case the Plaintiff or Defendant forbear or refuse to pray a Tales it shall be granted by the Justices of Nisi prius in England or those of Oyer or Assize in Wales Chester Lancaster and Durham at the prayer of the Defendant or Tenant and that as well in suits upon penal Laws as upon other trials XL. Stat. 27 El. 6. The ability of Jurors returned upon trials ordained by the Statutes of 2 H. 5. Stat. 2. cap. 3. and 35 H. 8.6 to be 40 s. per annum is increased to 4 l. per annum upon the like pain of 20 s. to be forfeited by the Sheriff or other Officer for every Juror otherwise returned and in that respect the writs shall be Quorum quilibet habet quatuor libras c. XLI Here the issues to be returned shall be as followeth viz. upon the first writ 10 s. upon the second 20 s. upon the third 30 s. and the double of 30 s. afterwards until a full Jury be sworn or the process otherwise cease in pain that the Sheriff or other Officer shall forfeit 5 l. for every Juror returned with less issues set upon him XLII Upon issues lost by a failer of lawful summons the Sheriff or other Officer shall forfeit the double issues XLIII The Sheriff or other Officer that takes a bribe and agrees to take it directly or indirectly for the sparing of a Juror shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor XLIV Upon any trial two Hundreders shall be hereafter deemed sufficient notwithstanding any challenge hereafter to be made against the same XLV All lawful challenges shall be admitted notwithstanding this Act neither shall it extend to Juries in Corporations or Wales XLVI Stat. 16 17 Car. 2. cap. 3. All Jurors other then strangers upon trials Per medietatem linguae returnable for trial of issues in the King's Bench Common Pleas or Exchequer Justices of Assize or Nisi prius Oyer and Terminer Gaol-delivery or General or Quarter Sessions of the Peace after the 25 of April 1665 in any County of England shall have in their own name or in trust for them within the same County 20 l. per annum at least in their own or their wives right ultra Reprisas of Freehold lands or ancient Demesne or rents in Fee Fee-Tail or for life And in every County of Wales every such Jurors shall have 8 l. per annum as aforesaid And if any be returned otherwise it shall be a good cause of challenge and the party discharged upon his own allegation and oath thereof XLVII No Jury man's issues for default shall be saved but by special order of the Judges for good cause proved before the Judge where the issue is to be tried XLVIII The writs of ven fac to be made out accordingly and the Sheriff or other persons to make out pannels shall not return any persons but such as aforesaid upon pain for every person returned not having such estate the summe of 5 l. to the King his heirs and successors XLIX And for discovering such persons and estates every Sheriff shall on the first day of every Sessions after Easter yearly deliver to the Justices of the Peace then fitting the names of all such persons as are to be returned for Jury men to be by the said Justices or greater part of them approved for Jury men for the year then next ensuing and the said Justices may adde such others as are omitted by the Sheriff to serve of Juries for the said year And the Sheriff to incurre no penalty for returning any persons added by the Justices in case his estate be of less value then aforesaid L. No Sheriff or other shall return any person unless duly summoned by the space of six days at least before their days of apparance And have left with or for such persons in writing the names of all the parties in the causes in which they are to serve as Jurors nor shall take any reward to excuse the apparance of any Juror upon pain to forfeit 10 l. for every offence Saving to Cities and Towns Corporate their ancient usage in returning Jurors of such estate as hath been accustomed LI. Writs of ven fac ' Hab. Corpora or distringas in the County Palatine of Lancaster shall be sued out like as is used in other Counties in England returnable at the then next Assizes and like issues returned upon Jurors and to be Estreated as above provided LII And the Sheriff of the said County of Lancaster for the time being shall cause 12 lawful men so qualifyed as before appointed by this Act out of every of the six hundreds there to be duly summoned ten days before every Assizes to appear the first day of every Assizes there to attend all the said Assizes as Jurors in such causes between party and party upon pain to forfeit 10 l. to the use of the poor of the Town where such party offending doth inhabit to be levied as other issues of Jurors be levied LIII This Act to continue 3 years and to the end of the next Sesison of Parliament and no longer ☞ Justice and right and Justices I. Stat. 2 E. 3.8 No command shall be made under the great or little seal to disturb or delay common right and the Justices shall proceed to do right notwithstanding such commands II. Stat. 18 E. 3. Stat. 3.1 The oath to be given to Justices when they take their places to this effect viz. to serve the King in their Offices warn him of any damage do Justice take no bribe give no councel where he is a party maintain no suit nor deny right though by command from the King to procure the King's profit and to be answerable to the King in body lands and goods if found in default III. Stat. 20 E. 3.1 The King's Justices shall do right to all without respect of persons notwithstanding the King's letters or commands to the contrary wherewith if any be they shall acquaint
there without any such assistance to enter in the day time into any dwelling or other house edifice lodgings and chambers And search and examine whether there be any more Fire-hearths and Stoves in the same then formerly returned and certified and what Fire-hearths or Stoves increased or decreased since the former Certificate and after to make the like search yearly And if they shall finde any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tything-man or other Officer as aforesaid to certifie the same under his or their hands to the Clark of the Peace And after a probation thereof by the said Justices at their Sessions the same to be certified to his Majestie 's Remembrancer in the Exchequer and the Officer so appointed by the King unto the same shall after the 24 of June 1664 have power to collect and levy the revenue and duties aforesaid and all arrears of the same XXXVI The said duties shall from time to time be paid after the Feast of St. Michael the Arch-angel and our lady-Lady-day yearly unto the Officers appointed by this Act to receive the same upon demand by such Officer or his Deputy at the house chamber or place where the same duty shall grow due And in case of refusal or default of payment by the space of an hour after such demand such Officer or his deputy may with the assistance of a Constable or other officer as aforesaid in the day time levy the said duty and all arrears thereof by distress and sale of the partie 's goods so refusing or making default restoring the overplus above the said duty and arrears and necessary charges for distraining the said charges not to exceed a moiety of the duty and arrears so levyed XXXVII Provided and enacted no person be distrained or molested for the said duty or any arrears after two years next after the same shall become due nor for any arrears already incurred after 2 years from the 24 of June 1664. * XXXVIII And in case of violent opposition or injury done by any person or persons to any such Officer or his deputy in the due execution of this Act the same proved by Oath before any one Justice of the Peace or chief Magistrate of the City Town or place dwelling near the place who are hereby impowred to administer the said oath It shall be lawful for any such Justice of the Peace or Magistrate to punish such Offendors by imprisonment in the Common Gaol for any time not exceeding one moneth And after the 24 of June 1664. All former Officers appointed to collect the said duty are discharged And the Officers appointed by this to collect the same shall pay the same into the Exchequer to the ends in the former Acts mentioned XXXIX Provided none be employed as aforesaid but upon security first given to the King for due collecting and paying the said Revenue and taking an oath before one of the Barons of the Exchequer or before such persons as shall be authorised to take such security and oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the laws enacted to that purpose and that they shall demand no fee but onely from the King upon pain of being disabled to execute the said office or imployment and upon legal conviction to render treble dammages to the party grieved and shall sign and deliver acquittances for money by them received without any fee or reward whatsoever and such acquittances shall be a final discharge as in the first Act provided XL. If any person leave any house lodging or chamber before any half-year Feast whereon the said duty ought to be paid the next occupier shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any chimney-hearth or Stove chargeable by the said Act the same to be proved either by confession of the party or upon oath before any Justice of the Peace or chief Magistrate or by their view he shall pay double the value of the duty for the same to be levied as aforesaid XLI Houses let apart from lands belonging to them or divided into several dwellings and let to persons who upon poverty may pretend exemption from payment shall pay the duty as they should have done before And no person except almes-houses inhabiting in any City Burrough Corporation Market-Town or Parish which hath above two Chimneys Fire-hearths or Stoves shall be exempted from payment If any question or difference shall arise about the taking any distress or levying any money by virtue of this Act the same shall be heard and finally determined by one or more of the Justices of the Peace near adjoyning or chief Magistrate of the Peace respectively upon complaint in that behalf XLII Every Collector appointed by virtue of this Act shall pay all moneys received into the receit of the Exchequer half yearly within 3 moneths after the Feasts of Michaelmas and our Lady-day upon pain of losing his office and all Justices of the Peace Constables and Officers are to assist the Officers in collecting and levying the said duty XLIII Provided no person be questioned for any arrears due on or before our Lady-day 1664. who shall produce to the Collector a certificate to be approved by the two next Justices of the Peace for their exemption from the said duty for that time according to the Rules in the first recited Act nor any person who hath truly paid the said duty and shall if required make proof thereof before any one Justice of the Peace or other chief Magistrate of the place XLIV All officers to be appointed by the King for collecting and receiving the said duty shall allow to the Petit Constables and Clarks of the Peace all allowances for their pains by former Acts appointed Knights I. Stat. De milit 1 E. 2. Divers causes for which a man may be excused from taking upon him the order of Knighthood See the Statute at large II. Stat. 16 17 Ca. 20. None shall be hereafter compelled by writ or otherwise to take upon him the order of Knight-hood and all proceeding concerning the same shall be void ☞ Labourers Artificers Servants and Apprentices * I. Stat. 2 3 E. 6.15 ARtificers Workmen and Labourers that conspire together concerning their work or wages every of them so conspiring shall forfeit for the first offence 10 l. to the King and if he pay it not within six days after conviction by witness confession or otherwise he shall suffer 20 days imprisonment and during that time shall have no sustenance but bread and water for the second offence he shall forfeit 20 l. and that not paid within 6 days as aforesaid shall suffer the Pillory and for the third offence shall forfeit 40 l. and that not paid within the said time shall again suffer the Pillory lose one of his ears and be
ever after taken as a man infamous and not to be credited ☞ II. Justices of Assize Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences But quaere whether this branch of this Statute be not repealed by the general words of 5 El. 4 following * III. Stat. 5 El. 4. So much of all Statutes made and every branch thereof as touch or concern the hiring keeping departing working wages or order of Servants Workmen Artificers Apprentices and Labourers or any of them and the penalties and forfeitures concerning the same are repealed Howbeit the said Statutes and every branch and matter therein contained not repealed by this Act shall remain in force IV. None shall hire or be hired for less then one whole year in the Arts of Clothier Woollen Weaver Tucker Fuller Clothworker Sheer-man Dier Hosier Taylor Shoo-maker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Capper Hat or Felt-maker Fletcher Arrowhead-maker Butcher Cook Miller ☞ V. Every person unmarried or under the age of 30 years though married having been brought up in any of the Arts above-said by the space of 3 years and not worth in lands 40 s. per annum or in goods 10 l. and so allowed under the hands and seals of 2 Justices of Peace the Head-officer or two discreet Burgesses of the Place where the party so brought up hath lived by the space of one whole year not already retained in Husbandry the Arts abovesaid or any other Art or Mystery or in any service upon requests of any person using the same Art shall not refuse to serve for the wages limited by the Statute and being so retained shall not depart from his or their service without one Quarter's warning before 2 lawful witnesses or some lawful cause to be proved before one Justice of Peace or Head-officer in pain of imprisonment without bail but upon submission to perform the service they shall be inlarged without fees which commitment and inlargement two Justices of Peace the Head-officer or 2 Burgesses as aforesaid unto whom complaint shall be made have power to command as in their disretions and upon due proof shall be thought fit VI. Every person between the ages of 12 and 60 not already retained in any service nor imployed about Husbandry Mines Glass Coal Fishing Sailing provision of Grain or Meal for London nor Gentleman born nor Scholar in any University or School nor worth 40 s. per annum in lands or 10 l. in goods not having a Father Mother or other Ancestor whose heir he is worth 10 l. per annum in lands or 40 l. in goods shall be compelled to serve in Husbandry and shall not depart that service otherwise then as is before limited upon pain above expressed VII None shall put away his servant before the end of his term without a Quarters warning or some lawful cause to be proved by 2 sufficient witnesses before the Justices of Oyer and Terminer Justices of Assize Justices of Peace in Sessions a Head-officer or 2 discreet Alder-men or Burgesses in pain of 40 s. VIII No servant having served in one City or Town shall get to serve in another without a Testimonial viz. in a Town Corporate under the Seals of the Town and 2 housholders there and in the Country under the Seals of the Constable or Constables and 2 housholders there which testimonial shall be made and delivered to the party and also registred by the Minister of the place where the servant dwelt for which the Master is to have 2 d. IX The form of the testimonial is this Memorandum that A.B. servant to C.D. of I. in the County of E. Husbandman or Taylor c. in the said County is licensed to depart from his said Master and is at his liberty to serve elsewhere according to the Statute in that case made and provided In witness c. X. The servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Minister or some Officer in any other place where he is to dwell shall suffer imprisonment till he procure one and if he produce not one within 21 days after his Imprisonment or shew a false one he shall be punished by whipping as a vagabond and the Master that retains a servant without such a Testimonial shall forfeit 5 l. XI Those that work by the day or week shall continue at work betwixt the middle of March and the middle of September from 5 in the morning till betwixt 7 and 8 at night except two hours allowed for breakfast dinner and drinking and half an hour for sleeping from the midst of May to the middle of August and all the rest of the year from twilight to twilight except an hour and an half allowed for breakfast and dinner in pain to have one penny defaulked out of their wages for every hours absence XII None that takes work by great shall leave the same before it be quite finished except for not payment of his wages the Queen's service licence of the Work-master or other lawful cause in pain to suffer one moneths imprisonment without bail and to forfeit 5 l. to the party grieved besides his costs and dammages to be recovered at the common Law for the loss sustained XIII None retained in service to work shall depart without licence in pain of one moneth 's imprisonment XIV Such wages of Labourers Artificers and others as have been formerly rated or concern husbandry shall be yearly assessed for the County by the Sheriff and Justices of Peace in Sessions and in Corporations by the Head-officer at their Easter-Sessions or within 6 weeks after and before the 12 of July following shall be certified under their hands and seals in the Chancery whereupon the Lord Chancellor or Keeper shall send down printed Proclamations thereof into every Country and Corporation before the first of Septemb. then next following which the said Sheriffs Justices and Head-officer shall before Michaelmas after cause to be inrolled and proclaimed But here when the old rates shall be certified to stand no Proclamation is needful XV. A Justice of Peace or chief Officer which shall be absent at the taxing of wages being not letted by sickness or some other reasonable cause to be allowed by the Justices upon Affidavit shall forfeit 10 l. XVI None shall give greater wages then those so rated as aforesaid in pain of 5 l. and 10 days imprisonment without bail and if any person shall be convicted before two Justices of Peace or a Head-officer of taking more wages he shall suffer 21 days imprisonment without bail XVII Every retainer promise gift or payment of wages or other thing contrary to the true meaning of this Act and every writing and bond to be made for that purpose shall be void XVIII If any servant or other shall be convicted before 2 Justices of Peace or a chief Officer as aforesaid by
whereunto title is made is lawful X. Proclamations shall be made at the Assizes of the Statutes made against Maintenance Champerty Embracery and unlawful retainers XI The offenders against this Act shall be prosecuted within one year ☞ Malt. I. Stat. 17 R. 2.4 Malt made in the Counties of Huntingdon Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well cleansed from dust and other filth and Mayors Bailiffs and Wardens of Towns and places where it is sold have power to make search and to see such defaults redressed * II. Stat. 2 E. 6.10 None shall imploy less time in the making and drying of Malt except in the moneths of June July and August then three weeks and in those moneths less then 17 days nor put to sale any Malt mingled of good and bad in pain to forfeit for every quarter so put to sale 2 s. to be divided betwixt the King and the prosecutor III. None shall put any Malt to sale before by treading rubbing and fanning it he shall have conveniently taken out of every quarter half a peck of dust or more in pain to forfeit 20 d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards in Leets have power to hear and determine these offences as well by presentment of twelve men as by information of two witnesses V. Bailiffs and Constables of Towns and places where faulty Malt is made or mingled as aforesaid have power to make search for it and being found with the advice of a Justice of Peace to make sale thereof at their discretions VI. None shall be punished by this Act who onely maketh Malt for his own provision nor unless the Action be prosecuted within one year ☞ VII Stat. 39 El. 16. Justices of Peace in Sessions have power at their discretions to restrain the superfluous number of Malsters and also of the buyers of Barley to be converted into Malt. VIII If any person shall be convicted by the testimony of two Witnesses or his own confession to have disobeyed the restraint aforesaid they shall suffer three days imprisonment without bail and shall there remain untill they shall before some Justice of Peace become bound by recognizance in 40 l. to obey the said restraint IX Justices of Peace in the County shall not execute this Law within Corporations but onely the Justices and chief Officers of the same Corporations X. Such as have Barly of their own growing tith-corn or rent-corn may convert it into Malt notwithstanding this Statute XI Malsters shall not meddle with the execution of this Act. XII Stat. 3 Jac. 11. When Malt is at 16 s. the quarter Beer may be transported to the King's Allies in Cask And the impost shall be 8 s. and the Custom 18 d. for a subject but for a Stranger 10 s. and 22 d. half peny XIII This Act shall not infringe the Statute of 35 El. 11.1 Jac. 25. or any other Statute made for the bringing in of Clapboard Cask or Scaffold board Manufactures * I. Stat. 14 Car. 2. cap. 13. An Act prohibiting importation of forein Bone-lace Cutting Imbroidery Fringe Bandstrings Buttons and Needle-work II. Justices of the Peace may cause search to be made for any of the said Wares imported contrary to this Act. See the Act at large III. Stat. 15 Car. 2. cap. 15 Stat. 3. Any person Native or Alien may freely set up or use the trade of breaking or dressing of Hemp Flax making of Threed Twine or Nets for Fishery or of Storing of Cordage and the trade of making any fort of Tapistery IV. All foreiners bonâ fide using the said trades in England Wales or Barwick by 3 years and taking the oathes of Allegiance and Spuremacy before 2 Justices of the Peace next dwelling who are impowred hereby to administer the same shall enjoy all previledges as natural born subjects V. All foreigners which shall exercise any the said trades by vertue of this Act shall not pay any other taxes or impositions then as natural born subjects unless they use Merchandise into foreign parts in which case they shall pay such customs as Aliens for 5 years next ensuing and no longer Merchants Merchandise I. Magna Charta 30. 9 H. 3. Merchant-strangers shall have safe conduct of coming into going out of and remaining in England to buy and sell without being exacted upon by excessive tolls except in time of war if they be of our enemies Countrey And albeit they be so yet so long as our Merchants be used well there they shall have the like usage here II. Stat. 9 E. 3.1 Merchant-strangers may freely buy and sell within the Realm without disturbance except they be alien enemies III. If any disturbance or abuse be offered them or any other Merchant in a Corporation and the Head-Officer there do not upon request provide remedy the Franchise shall be seised into the King's hand and the disturber being thereof attainted shall answer double damages to the party grieved suffer one years imprisonment and be ransomed at the King's will IV. If the disturbance be out of a Franchise and the Lord there or his Bailiff Constable or other Chief Ruler do not upon request provide remedy he shall being attainted thereof render double damages to the party grieved and the disturber being also thereof attainted shall also suffer one whole years imprisonment and be ransomed at the King's will V. Howbeit Merchants-aliens shall carry no wines out of this Realm VI. This Law shall be strictly observed throughout the Realm notwithstanding any Charter Franchise or Custom to the contrary saving to the King his due Customs VII The Chancellor Treasurer Justices assigned by commission to hold pleas and others by special commission from the King shall have power to hear and determine these misdemeanors VIII Stat. 14 E. 3. Stat. 2.2 All Merchants except enemies may safely come into England with their goods and Merchandize tarry and return paying the customs and subsidies IX Franchises and free customs reasonably granted to Cities Towns and Burroughs are saved X. Stat. 25 E. 3. Stat. 4.2 The Statute of 9 E. 3.1 is confirmed and all Statutes Charters Letters Pattents Proclamations Commandements Usages Allowances and Judgments to the contrary are repealed and made void XI All Merchants may freely sell their commodities without challenge or impeachment of any Officer or other notwithstanding any franchise grant or custom to the contrary XII The King may assign Justices to inquire of such as offend this Law and to inflict punishment upon them according to the said Statute of 9 E. 3. XIII Any that will sue against any such offender may have a writ out of the Chancery for that purpose XIV Stat. Stapul 27 E. 3. Stat. 2.2 A safe conduct is granted to Merchant-Strangers except alien enemies to come and dwell in this Realm and to return when they please as also to sell their
contrary Here also the right of all others save of the King and the Governours and Governesses is saved XXVIII Such Lands Parsonages appropriate c. belonging to the said Religious houses as before their coming into the Kings hands or dissolution were discharged of Tithes shall so continue XXIX All rents services and other duties are saved to the King notwithstanding this Act. XXX Such Monasteries c. As were heretofore exempt from the jurisdiction of the Ordinary shall from henceforth be within the jurisdiction and visitation of the Ordinaries in whose Diocess they shall be scituate XXXI The grant of the Abbey of Sipton in Suffolk is confirmed to the Duke of Norfolk and the Colledge or Chantery of Cobham in Kent to the Lord Cobham notwithstanding this Act The right of others being saved XXXII Stat. 37 H. 8.4 All Colledges Free-Chappels Chanteries Hospitals Fraternities Brother-hoods Guilds and other promotions made to have continuance for ever and chargeable with first-fruits and tenths and also all the Mansion-houses mannors lands tenements hereditaments rights members and appurtenances unto them belonging which between the fourth of February 27 H. 8. and the 25 of December the 37 H. 8. were dissolved relinquished or otherwise extinct other then such of them as now are or were in the Kings possession and have been granted by the Kings Licence or recovered by a former right or title shall be adjudged in the actual possession of the King and of his heirs and successors in as large manner â—s the Governours Incumbents Patrons Donors or Founders of them or any of them have since the said fourth of February 27 H. 8. injoyed the same or do now injoy them XXXIII All Covenants Bonds and Grants of any Rent or Annuity made to any Chantery Priest or other having any of the said promotions in consideration of any bargain grant or other assurance of the said promotions or any part thereof shall be void XXXIV Every person being in life which for any sum of money hath sold any of the said promotions shall repay upon request unto the Bargainee his Executors or Assigns the money so received And for non-payment thereof the said Bargainee shall maintain an Action of debt against them that so sold the same unto the said Bargainee or his testator in which Action no essoine c. shall be allowed XXXV All gifts grants surrenders and other assurances made to the King of any of the said promotions between the said fourth of February and the 25 of December shall be good against the bargainors their successors and assigns and also against their Founders Donors and Patrons heirs and successors XXXVI All Letters Patents made by the King of any of the said promotions or any part thereof and all assurances thereof made with the Kings assent by any having such promotions shall be good against the grantors their heirs and successors and against their Founders Donors and Patrons their heirs and successors XXXVII The King during his life may direct Commissions by warrant to be signed by his own hand to such persons as he shall think fit giving them power to enter into so many of the said promotions chargeable with first-fruits and tenths as shall be expressed in such several Commissions and to seize and take the same into the Kings possession to have and hold the same to him his heirs and successors XXXVIII The Commissioners or any two of them may enquire into any part in the name of the whole and by such theiâ— ter and seisure albeit the Lands be in several mens occupations or lie in several Counties the King shall be adjudged in the actual possession thereof without any inquisition office or other entry XXXIX The Commissioners or any two of them after such seisure made shall certifie and return every such Commission making mention in writing of their doing therein according to the words and authority thereby given them XL. All such Chanteries and other promotions aforesaid seised and to be seised as aforesain shall be within the order and survey of the Court of Augmentations and all suits tending to the detriment of the Mannors lands and other hereditaments belonging to them shall be also heard and determined in that Court Howbeit suits between party and party concerning the said Mannors Lands c. shall be heard and determined by the Common Law and Statutes of this Realm and not in the said Court XLI All Assurances made of any Inheritance or Free-hold without the Kings assent by any Chantery Priest or other Governour having any of the said promotions being not made to the King shall be void as well against the King as against the successor of such Chantery Priest or other Governour XLII The right of others is saved other then the Governors and their Founders Patrons or Donors their heirs and successors and other then such persons their heirs successors and assigns as claim any free-hold or inheritance by conveyance from any such Governor without the Kings assent thereunto XLIII If any such Governour within one year before the 23. of Novemb. in the 27 H. 8. hath made or shall hereafter make any lease for life or years of any such promotion or any part thereof which was not for the most part of twenty years before such lease let to farm but in their own occupation Or within the said time hath made or shall hereafter make any such lease in reversion the old lease not being then expired Or within the said time hath made or shall hereafter make any such lease without reserving the accustomed yearly rent paid for the same twenty years next before the said 23. of November Or have made any Wood sale the Woods being yet standing that then every such lease and grant shall be void XLIV This Act shall not extend to any Lands or other Hereditaments whereof such Governors now are or hereafter shall be seised or possessed to their own use nor united nor annexed to their promotions nor to Lands or Pensions granted or to be granted by the King unto such Governors for life only under the Great Seal or the Seal of the Augmentations XLV The Governors from whom the King by force of this Act taketh any Lands c. shall be proportionably abated for the same in their Tenths and First-fruits XLVI Every person having any Annuity or rent issuing out of any such promotion shall still enjoy them notwithstanding this Act Also he that hath bought and paid for any wood shall have his money again or the same wood XLVII All payments for the First-fruits hapning after such seisure as aforesaid are discharged XLVIII All Rents Services Issues and Profits payable out of such promotions into the Exchequer shall be still continued notwithstanding this Act. XLIX Stat. 1 E. 6.14 All Colledges Free Chappels and Chanteries in esse within five years before the first day of this Parliament which were not in the actual and real possession of the late King nor of E. 6. nor excepted in
for the victualling or amending of Ships ☞ News * I. West 1.33 3 E. 1. None shall report any false or slanderous news or tales whereupon discord may arise betwixt the King and his People or the great men of the Realm in pain of Imprisonment until he produce the Author II. Stat. 2. R. 2. Stat. 1.5 None shall devise speak or tell any false news lies or other such false thing of Prelates Lords or the great Officers of the Realm whereby any discord or slander may arise in pain to be punished as by the Statute of westm 1. ordained III. Stat. 12. R. 2.11 When any one hath spoken falsities contrary to the aforesaid Statutes and cannot produce the Author and is thereupon imprisoned he shall afterwards be punished by the Kings Council notwithstanding the said Stat. of West 1. Nisi prius I. West 2.30 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin Mortdancester and Attaiuts and they shall associate unto them one or two of the discreetest Knights of the County where they come which Assizes and Attaints shall be taken but thrice in the year viz. 1. between 8. of July and the first of August 2. the 13. of September and the 6. of October the 3. of January and the 2. of February II. At such Assizes before they depart they shall appoint the day of their return and may also adjourn the Assizes from day to day if the taking of them happen to be deferred at any day by vouching to warranty essoin or default of jurors They may also adjourn Assizes of Mortdancaster being respited by essoin or voucher into the Bench and in such case shall send thither the Record thereof together also with the Original writ And when the matter is come to the taking of the Assize the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken But the Justices of the Bench in such Assizes shall give 4. dayes at least in the year before the Justices assigned to spare expence and labour III. All pleas in either of the Benches that require small examination shall be determined before them Howbeit it must be at a day and place certain appointed in the presence of the parties and mentioned in the Judicial writ by these words Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis nisi Talis Talis tali die loco ad partes illas prius venerint duodeeim c. And when the Inquests of such pleas are taken they shall be returned into the Bench where they were commenced to receive Judgement and to be inrolled And Judgement otherwise taken shall be void except in an Assize of Darrein presentment and Inquisitions of Quare impedit which shall be determined in their proper County before one of the Justices of the Bench and a Knight at a day certain in the Bench assigned whether the Defendant consent or not and there shall judgement also passe immediately IV. The Justices of the Benches shall have in their Circuits Clerks to inroll all pleas pleaded before them as hath been used in times past and the Justices assigntd shall not compell the Jurors to say precisely whether it be disseisin or not so as they will shew the matter of fact and then require aid of the Justices But if they will of their own head say that it is disseisin their verdict shall be admitted at their own peril And the Justices shall not put upon Assizes or Juries any other then such as were summoned for the same at the first V. Stat. Definibus levatis 27 E. 1.4 Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices before whom the plea is brought being associate to one Knight of the same County where such Inquest shall pass unless they require great examination And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa which see in Jurors VI. Stat. Eborac 12 E. 2.3 Inquests in pleas of land that require no great examination shall be taken in the County before a Justice of the Peace where the plea is accompanied with a substantial man in the Country whether Knight or other so as a certain day be given in the Bench and a certain day and place in the Countrey in the presence of the parties and the demandant request the same but Inquests of Pleas that require great examination shall be taken in the Countrey in manner aforesaid before two Justices of the Bench. VII Stat. Ebor. 12 E. 2.4 Justices of Nisi prius have power to record non-suits and defaults in the Countrey at the dayes and places assigned and shall report them in the Bench at a day certain there to be inrolled and thereupon Judgment shall be given VIII Stat. 2 E. 3.16 Inquests in pleas of Land shall be as well taken at the request of the tenant as of the demandants notwithstanding the Statute of 12 E. 2.3 IX Stat. 4 E. 3.11 Justices of the Benches of Assiise and of Nisi Prius shall have power to hear and determine maintenance conspiracy confederacy and champerty as well as Justices in Eyre And that which cannot be determined before the Justices of either Bench upon the Nisi Prius shall be adjourned unto the Bench where they are Justices and shall be there determined Note that this Statute is confirmed by the Statute of 7 R. ◠15 which see in Maintenance X. Stat. 14 E. 3. Stat. 1.16 A Nisi prius in the Kings Bench shall be granted before a Justice of that place if any Justice of that place may well go into those parts if not then before a Justice of the Common Pleas so likewise those in the Common Pleas shall be grantable before a Justice of the Kings Bench if he may go thither vice versa but if none of them may go then before the chief Baron if c. or else before the Justices assigned to take Assizes in those parts so as one of them be a Justice of one of the Benches or the Kings Serjeant sworn And here to avoid fraud if one party demand a tenor of the record another tenor thereof shall be also upon request delivered to the other party XI Where Assizes of Quare impedits and Darrein presentments are triable in the Countrey by Nisi prius before the Justices of either Bench the chief Baron or Justices of Assize they may there give Judgment upon them XII Stat. 7 R. 2.7 In all pleas where Nisi prius is grantable of office after the great distress returned and three times served before the Justices against the Jurors and thereupon the parties demanded if either party will pursue or if they refuse to have a Nisi prius in the case then at the suit of any of the Jurors there present a Writ of Nisi prius shall be
Statute III. Provided also that no Painter shall take above 16 d. the day for laying any flat colour whatsoever mingled or mixed with Oyl or Size upon any Timber Stone or Lead Palace I. Stat. 28 H. 8.12 The limits of the Kings Palace at Westminster sholl extend from Chariag-Cross to Westminster-Hall and shall have such priviledges as the Kings ancient Palaces have Panel I. Stat. 42 E. 3.11 No Inquests but Assizes and Deliverances of Goals shall be taken by Writs of Nisi prius before the Names of all that are to pass thereupon are returned into the Court. II. The Sheriff shall array the Panels in Assizes four days at least before the Sessions of the Justices in pain of 20 l. so that the parties may have a Copy of the Panels if they demand them and the returns thereof by the Bailiffs to the Sheriffs shall be six dayes before the Sessions upon the like pain III. The most substantial people worthy of credit and not suspect shall be put upon Panels and such as may have best knowledge of the truth and dwell nearest IV. Stat. 3 H. 8.12 Panels returned by the Sheriff to inquire for the King may be reformed by the Justices of Goal-Delivery or Justices of Peace 1 Qu. before whom such Panel shall be so returned And the Sheriff shall return the Panels so reformed in pain of 20 l. to be divided betwixt the King and the Prosecutor and in this case the Kings Pardon shall be no bar against such Prosecutor ☞ Pardon I. The Stat. of Glocester 9. 6 E. 1. No Writ shall be granted out of the Chancery for the death of a man to inquire whether one did kill another by misfortune or se defendendo or otherwise by Felony but the party shall be put in Prison until the coming of the Justices in Eyre or Justices assigned to the Goal-delivery and shall put himself upon the Countrey before them and in case it be found per insortunium or se defendendo upon report thereof to the King by the Justices the King shall take him to his Grace if he so please II. Stat. 2 E. 3.2 pars inde Charters of Pardon for Manslaughters Robberies Felonies and other Trespasses shall not be granted but where the King may do it saving his Oath viz. where one man killeth another in his own defence or by a misfortune III. Stat. 4 E. 3.13 The Statute of 2 E. 3.2 is confirmed IV. Stat. 10 E. 3.2 Pardons shall not be granted contrary to the Stat. of 2 E. 3.2 V. Stat. 10 E. 3.3 He that hath a pardon of Felony shall within three moneths after such pardon find Sureties before the Sheriff and Coroners for the good behaviour which shall within 3 weeks after the 3 moneths be returned into the Cháncery under the Seals of the said Sheriff and Coroners And if the party give not Security as aforesaid as being bound do bear himself otherwise against the Peace than he ought the Pardon shall be holden for none VI. Stat. 14 E. 3. Stat. 1.15 No Pardon of the death of a man or other Felony shall be granted but onely where the King may do it saving the Oath of his Crown and if any Pardon be granted against the Statutes made before this time it shall be holden for none VII Stat. 27 E. 3. Stat. 1.2 Pardons which have not in them the suggestion whereupon they are granted and also the Suggestors name shall be void so are those likewise which are granted upon false suggestions VIII Stat. 13 R. 2.1 In a Pardon the offence committed shall be specified otherwise it shall not be allowed IX No Pardon of Treason or Felony shall pass without Warrant of the Privy Seal X. If the Offence pardoned be afterwards found wilful Murder that Pardon shall not be allowed Vide. Stat. 16 R. 2.9 XI Stat. 5 H. 4.2 If an Approver shall commit Felony after he is pardoned he that procured his Pardon shall forfeit 100 l. whose Name shall also for that purpose be inserted in the said Pardon XII Stat. 21 Jac. 35. The Kings most gracious and general Pardon except as therein is excepted See the Statute at large XIII Stat. 12 Car. 2. cap. 11. The Kings most gracious free and general Pardon Indempnity and Oblivion See the Stat. at large ☞ Parliament I The Mirrour of Iustices Cap. 1. Sect. 3. Anno Aelfredi Primi Monarchae Anno Domini Parliaments shall be held twice a year and oftner if need require But note that this was by the King and Lords onely and in time of Peace II. Stat. 4. E. 3.14 A Parliament shall be holden once a year and oftner if need be III. Stat. 36 E. 3.10 A Parliament shall be holden every year IV. Stat. 5. R. 2. Stat. 2.4 Every person and Communalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished And if the Sheriff doth not summon them he shall be likewise amercied or otherwise as hath been used in times past V. Stat. 12 R. 2.12 The levying of the expences of Knights coming to Parliament shall be made as in times past and if any Lord or other have purchased Lands or other possessions that were wont to be contributary to such expences they shall still continue to be so notwithstanding such purchase VI. Stat. 7 H. 4.15 The election of the Knights of the Shires shall be as followeth viz. At the next County after the delivery of the Writ Proclamation shall be made in full County of the day and place of the Parliament and that all there present as well Suitors summoned as otherwise shall attend to the Election of the said Knights and then in full County a free and indifferent Election shall be made notwithstanding any request or command to the contrary VII After such Choice the names of the parties so chosen be they present or absent shall be written in an Indenture under the Seals of all them that did choose them which Indenture so sealed and tacked to the said Writ shall be the Sheriffs return thereof touching the Knights of the Shires And in such Writs this Clause shall be hereafter put Et electionem tuam in pleno Comitatu tuo factam distincte aperte sub sigïllo tuo sigillis corum qui electioni illi interfuerunt nos in Cancellaria nostra ad diem locum brevi contentum certifices indilate VIII Stat. 11 H. 4.1 Justices of Assize shall have power to inquire in their Sessions of Returns made by the Sheriffs contrary to the Statute of 7 H. 4.15 And if it be found by Inquest that any Sheriff hath made any such return he shall forfeit 100 l. to the King and the Knights so unduly returned shall lose their wages IX Stat. 1 H 5.1 All former Statutes made for the election of Knights of the Shire are confirmed X. They shall be resiant in the County for which they are chosen the day of the date of the Writ of Summons so also shall
Mercatoribus 13 E. 1. The Merchant shall cause his Debtor to come before the Mayor of London or before some chief Warden of a City or other good Town where the King shall appoint and before the Mayor or chief Warden or other discreet men chosen and sworn thereto when the Mayor or chief Warden cannot attend and before one of the Clerks that the King shall thereto assign when both cannot attend and to acknowledg the Debt and Day of payment which recognisance shall be enrolled by one of the said Clerks hands being known and the Roll shall be double whereof one part shall remain with the Mayor or chief Warden and the other with the said Clerk IX Then one of the Clerks shall write an Obligation whereunto the Seal of the Debtor shall be put together with the Kings Seal provided for that purpose which Seal shall have two pieces whereof one part shall remain with the Mayor or chief Warden and the other with the aforesaid Clerk X. If the debt be not paid at the day upon the Merchants accompt the Mayor or chief Warden shall cause the Debtor to be imprisoned if he be Lay and in their power there to remain at his own costs untill he have agreed the debt And the Keeper of the Prison there shall receive him in pain to answer the debt himself or if he be not able he that committed the Prison to his keeping XI If the Debtor connot be found by the Mayor or chief Warden they shall send the Recognisance under the Kings Seal into the Chancery from whence shall issue a Writ to the Sheriff of the County where the Debtor is to take his body if he be Lay and safely to keep him in prison untill he agree the debt And within a quarter of a year after he is so taken his goods and lands shall be delivered unto him to the end he may pay the debt within which time the sale of his lands shall be good XII If he do not satisfie the debt within that quarter all his lands and goods shall be delivered to the Merchants by a reasonable extent to hold them untill the debt be wholly levied nevertheless his body shall still remain in Prison and the Merchant shall find him bread and water XIII The Merchant or his assigns shall have such Seisin in the said lands that he may maintain a Writ of Novel Disseisin if he be put out and a re-disseisin also as of a freehold to him and his assigns untill the debt be paid but when the debt is levied the body of the Debtor shall be delivered together with his lands XIV In the Writ awarded by the Chancellor the Sheriff shall be directed to certifie the Justices of one of the Benches at a certain day how he hath performed the service and then the Merchant shall sue before the said Justices if he be not satisfied XV. If the Sheriff make no return of the Writ or return a tardt or that he hath directed to the Bailiff of some Franchise the Justice shall proceed according to the Statute of Westminster 2. Chap. 39. which see in return of Sheriffs and Bailiffs XVI If the Sheriff return a Non est inventus or that he is a Clerk the Merchant shall have Writs to all the Sheriffs where he hath any land that they shall deliver him all the goods and lands of the Debtor by a reasonable extent to hold to him and his assigns in form aforesaid nevertheless he may also have a Writ to what Sheriff he will to take his body if he be Lay and to detain him in manner aforesaid and then the Keeper must answer the body or the debt but yet the Debtor may sell the lands so the Merchant be not damnified by the appraisement XVII Here the Merchant shall be always allowed their damages and all necessary and reasonable costs for their labours suits delays and expences XVIII If the Debtor have sureties the like course shall be taken against them as is above limited to be taken against the principal Debtor XIX All the lands in the hands of the Debtor at the time of the Recognisance acknowledged are chargeable in whose hands soever they come afterwards but after the debt satissied they shall return to the Grantees as also the rest to the debtor XX. If the debtor or his sureties die he Merchant shall not take the body of his heir but shall have his lands as aforesaid if he be of age or at his full age untill he hath levied his debr XXI There shall be also another Seal provided that shall serve for Fairs and shall be sent to every Fair under the Kings Seal by a Clerk sworn or by a keeper of the Fair. XXII Of the Communalty of London there shall betwo Merchants chosen and sworn and the Seal shall be opened before them whereof one piece shall be delivered to the said Merchants and the other shall remain with the Clerk XXIII Before these Merchants or one of them the Recognisances shall be taken and before they be enrolled the pain of the Statute shall be openly read before the Debtor that he may not afterwards excuse himself by ignorance of the said pain XXIV For the Clerks maintenance the King shall take a peny for every pound where the Seal is except in Fairs and there peny half peny XXV This Act shall be from henceforth observed throughout England and Ireland between any that will make Recognisances except Jews to whom it dothnot extend XXVI By this Statute the Writ of Debt shall not be abated neither shall the Chancellor Justice of either Bench or Justices Errants be hereby estopped to take recognisances of debts before them acknowledged and to issue execution thereupon as hath heretofore been used XXVII Breve fundatum super Statutum praedictum Rex Vic. salutem Quia coram tali Majore vel Custode talis villae vel coram Custode sigilli nostri de Mercatoribus in nundinis de tali loco tali clerico nostro A. Recognovit debere B. tantum quod solvisse debuit tall die tali anno quod idem B. Nondum solvit ut dicit Tibi praecipimus quod corpus praedicti A. si laicus sil capias in prisona nostra salio custedirifacias quousque de praedicto debito satisfecerit qualiter hoc praeceptum nostrum fueris exccutus scire facias Justiciariis nostris apud Westm per literas tuas sigillatas babeas ibi hoc breve Teste c. XXVIII Stat. 14 E. 3.11 The Clerk of the Statute shall be resident upon his Office and shall have lands sufficient in the same County whereof he may answer to all persons if he offend XXIX Stat. 8 R. 2.4 No Judge or Clerk shall make any false entry of Pleas rase any Roll or change any Verdict in pain to be punished by fine and ransome at the Kings will XXX Stat. 5 H. 4.12 When a Statute-Merchant hath been certified into the Chancery and
Justices to the Churchwardens or Overseers of the poor if not paid within ten dayes V. All Deanes Canons Prebendaries Masters Fellows of Colledges c. Parsons Vicars Lecturers Schoolmasters c. enjoyned to take and subscribe the Declaration following J. A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that trayterous position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare that I do hold there lies no obligation upon me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of the Kingdom The same shall be subscribed by the Heads of Colledges c. in the Universities before the Vicechancellor or his Deputy And before the Archbishop or Ordinary of the Diocess by every other person upon pain of forfeiture and loss of their places as if dead VI. Schoolmasters or Tutors that shall teach any youth in any private house without licence from the Archbishop or Ordinary of the Diocess shall for the first offence suffer 3 months imprisonment for every second or other 3 months imprisonment and forfeit 5 l. VII Every Parson Vicar Curate and Lecturer after subscription made shall procure a Certificate under the hand and seal of the Archbishop Bishop or Ordinary of the Diocess and publickly read the same together with the said Declaration upon some Lords day within 3 months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain of being deprived ipso facto and his place void as if dead VIII After the 25th of March 1662. the words following part of the Declaration shall be omitted viz. And I do declare that I do hold there lies no obligation on me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of this Kingdom and none shall thenceforth subscribe or read the same IX No person not ordained according to the form of Episcopal Ordination shall hold any Benefice with cure or Ecclesiastical promotion nor be capable of any such benefice nor administer the Sacrament not being ordained a Priest according to the form of the foresaid Book upon pain to forfeit for every offence 100 l. one moyety to the King the other moyety to the party that will sue for the same X. Provided the penalties in this Act extend not to Aliens of foreign reformed Churches allowed by the King XI Provided no title of laps accrue by any avoidance or deprivation by this Act but after 6 months after notice given by the Ordinary to the Patron or such sentence of deprivation openly read in the Parish Church becoming void by this Act. XII No other Form of Common Prayer shall be used in any Church Chappel or publick place Colledge or Hall of the Universities And all Governors and Heads of Colledges in the Universities shall within a month after admission to his place openly in the Church Chappel or publick place of the Colledge in the presence of the Fellows and Scholars of the same subscribe the 39 Articles of Religion mentioned in the Stat. 13 El. Ca. 12. and declare his approbation of the said Book of Common Prayer And all the said Governours or Heads shall read the morning Prayer according to the said Book once every quarter publickly in their Church Chappels or other publick place upon pain of suspension for 6 months from their place and if he shall not subscribe to the said Articles and Book within the said 6 months then the place to be void Provided the said Book may be used in Latine in Colledges XIII None shall preach or read as a Lecturer without Licence of the Archbishop or Bishop of the Diocess And all Lecturers shall declare their consent to the 39 Articles aforesaid and shall openly read the Common Prayers and declare their approbation thereof and shall read the same the first lecture-Lecture-day of every month and after reading declare their approbation thereof upon pain to be disabled to preach or read any Lecture until he shall conform XIV Provided it shall suffice that Lecturers in Cathedral Churches only declare their assent to the said Book XV. If any person so disabled shall preach any Lecture or Sermon the person so offending shall suffer 3 months imprisonment in the common Goal And any two Justices of the Peace and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place made to him or them of the offence committed shall commit the person offending to the Goal accordingly XVI The Common Prayer shall be read before every Sermon or Lecture and the Lecturer that shall preach shall be present at the same Provided this Clause extend not to Sermons or Lectures preached as publick University Sermons XVII The several Laws and Statutes formerly made for uniformity of Prayer and now in force shall be put in ure for punishment of offences against the Book established by this Act 1 El. Ca. 2. 23 El. Ca. 1. Proviso the names of the King and Queen be fitted in the Prayers Letanies and Collects according to the present occasion XVIII The Books of Common Prayer shall be provided by every Parish Chapelry Cathedral Church Colledge and Hall upon penalty of 3 l. a month for lack thereof for every month after St. Bartholmews day 1662. XIX Provisoe that the Bishops of Hereford St. Davids St. Asaph Bangor and Landoff do take care for translating the said Book into the Welsh Tongue for Printing and providing the same in every Parish there XX. True Copies of the said Book of Common Prayer shall be exemplified under the great Seal of England and kept in the several Courts of Westminster and Tower of London to be produced and shewed forth in Court as need shall be XXI Provided this Act be not prejudicial to the Kings Professor of Law in the University of Oxford concerning the Prebend of Shipton in the Cathedral Church of Sarum united to the said Professors place by King James XXII Proviso whereas the clause in the 36th Article mentions the Book established by K. E. 6. It shall extend to the Book of Common-prayer established by this Act. See the precedent Laws of this matter Title Crown and Title Service and Sacraments XXIII Stat. 15. Car. 2. Ca. 6. Stat.
XXI The Justices impowred to appoint a Treasurer to receive the said moneys and make payment thereof according to their orders and may agree and article with persons by them employ'd and take security of them for safe-guarding the said Counties XXII If any persons imployed in Border-Service upon this Act shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers they shall be uncapable of being imployed in the said service and further fine and imprisonment as the Justices shall think fit XXIII The Justice may lessen the charge if they see cause this Act to continue 5. years The Stat. 4 Jac. cap. 1. 7 Jac. cap. 1. touching tryal of offenders flying out of England into Scotland et è contra revived and to be put in execution ☞ Rome * I. Stat. 25 H. 8.19 The Convocation shall be assembled by the Kings Writs and shall not enact any Constitutions or Ordinances without the Kings assent II. No Canons shall be executed which be repugnant to the Kings Prerogative or to the Customs Laws or Statutes of this Realm III. There shall be no appeals to Rome but from henceforth they shall be according to the Statute of 24 H. 8.12 Which see in Appeals to Rome IV. Appeals from the Courts of Archbishops of this Realm shall be to the King in his Chancery out of which shall thereupon issue out a Commission under the Great Seal to certain persons to be named by the King who shall thereby have power to hear and definitively to determine all such appeals and the causes concerning the same and from whose decree or sentence therein there shall be no farther appeal V. If any sue for an Appeal to Rome he shall incur a Praemunire but this is made Treason by 13 El. 2. which see in Crown VI. Appeals from places exempt which were before to the See of Rome shall be henceforth into the Chancery and shall be determined before the Commissioners as aforesaid VII Provided That all Canons Constitutions Ordinances and Synodals Provincial not repugnant to the Kings Prerogative nor to the Customs Laws or Statutes of this Kingdom shall be still used and executed notwithstanding this Act. * VIII Stat. 25 H. 8.20 No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop neither shall Annates or First-fruits be paid to the same See IX Concerning the Election of Archbishops and Bishops the King may send to the Prior and Covent or Dean and Chapter of the place shall be void his Letters missive containing his conge d'eslire or license to elect the person named in the said Letters missive which person they are to choose for their Archbishop or Bishop and none other X. In case they fail to make election accordingly the King shall nominate such an Archbishop or Bishop by his Letters Patents and if it be a Bishop he shall present him to the Archbishop or in case that See be then void to any other Archbishop within his Dominion but if it be an Archbishop then to an Archbishop and two other Bishops or else to four other Bishops to be nominated by the King XI When any Archbishop or Bishop is elected or presented as aforesaid they are in due form to be invested and consecrated viz. a Bishop by the Archbishop of that Province or in case of vacation by any other within the Kings Dominions and an Archbishop by some other Archbishop ond two Bishops or else by four Bishops without suing for any Bulls Letters or other things from the See of Rome for the same And such Archbishop or Bishop betwixt his election and consecration shall be called the Lord Elect of such a Dignity XII Such election or presentment of an Archbishop or Bishop shall be lawful and make them capable to do and execute all things that concern the said Dignities XIII If the Prior and Covent or the Dean and Chapter within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election and certifie the same to the King or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated as aforesaid do not perform the same accordingly within 20 days after such presentment or if any person or persons de admit obey or execute any Censures Excommunicotions Interdictions Inhibitions or any other Process or Act in derogation of this Act that then all and every person and persons offending shall incurre a Praemunire XIV Stat. 25 H. 8.21 No imposition shall be paid to the Bishop or See of Rome neither shall any person sue for any dispensation or license to the Bishop of Rome XV. The Archbishop of Canterbury may grant dispensations to the King and likewise licenses to all others of things formerly used to be licensed Howbeit of causes not used to be licensed no dispensations shall be granted without the approbation of the King and his Councill XVI Here Licenses of things whereof the tax did heretofore extend at Rome to 4 l. shall be also confirmed by the Kings Great Seal and likewise enrolled in Chancery by a Clerk thereto appointed but all others may be granted by the Archbishop without such confirmation unless the party desire to have it enrolled and then the Fee for the Seal shall be 5 s. and not above And all Acts done by such licenses shall be good in Law XVII All children procreated after Marriage to be had or done by such licenses or dispensation shall in all Courts be admitted Legtiimate and Inheritable XVIII There shall be a Clerk assigned by the Archbishop to register Dispensations and another by the King to enroll Confirmations XIX There shall be two Books made wherein the taxes of Dispensation shall be written whereof the one shall remain with the said Register of the Dispensations and the other with the said Clerk of the Confirmations XX. None shall pay for dispensation greater taxes then shall be set down in the said Books and if any Officer takes more he shall forfeit ten times so much to be divided betwixt the King and the prosecutor Howbeit where they are Arbitrary the Archbishop and the Lord Chancellor and Keeper shall rate them and here also is set down how the money received shall be divided For which see the Statute at large XXI This Act shall not inhibit the Archbishop of York nor other Bishops to dispence as they were wont to do by the Common Law and custome of this Realm XXII During the vacation of the See of Canterbury the Guardian of the Spiritualities shall grant Dispensations Here is also a remedy provided where the Archbishop or Guardian refuse to grant Dispensations viz. by a Commission from the King to impower two other Prelates to perform the same For which see the Statutes at large XXIII All Religious Houses heretofore exempt from the Visitation of the Archbishop shall still remain so notwithstanding this Act and shall be under the Visitation of
Ceremonies or Rites of the Church by mis-using the Orders appointed in the Book of Common-Prayer the Queen by like advice of the said Commissioners or Metropolitan may ordain such further Ceremonies or Rites as may be most for Gods glory the edifying of the Church and reverence of Christs holy Ministeries and Sacraments XXX All other Laws made for other service shall be void XXXI Stat. 5 El. 28. An Act for translating of the Bible and Book of Common-Prayer into the Welsh Tongue Also there shall be an English Bible and Book of Common Prayer in every Church of Wales XXXII Stat. 3 Jac. 1. All Ministers in every Cathedral and Parish Church or other usual place for Common Prayer within the Kings Dominions shall alwayes upon the fifth day of November say morning Prayer and give thanks to God for the happy deliverance of the King Queen Prince and both Houses of Parliament upon that day XXXIII Every person within the Kings Dominions shall alwayes upon that day diligently resort to his Parish Church or Chappel or to some usual Church or Chappel where the said Common Prayer Preaching and other service of God shall be used and there orderly abide during the said solemnity XXXIV Every Minister shall give warning publickly in the Church at morning Prayer the Sunday before every such fifth of November for the due observation of the said day and after morning Prayer or Preaching upon the said fifth day of November shall read publickly and distinctly this present Act. See more Title Religion Severn I. Stat. 34. 35 H. 8.9 A penalty for casting any Ballast or Robul in King-rode in any part of the Haven in Bristol II. None shall load any Corn in any Vessel by the water of Severn to be transported beyond Sea before he be bound to the Customer of Bristol to bring it first to Bristol to be there viewed by the Mayor there for the time being in pain to forfeit both the grain and Vessel III. The penalty where one bringeth more Corn to Bristol to be measured and thence to be transported then is contained in his Cocket or License which is to be delivered unto him by the said Mayor when he takes bond of him as aforesaid IV. The penalty for denying to measure the Corn at Bristol is five pounds for every time to be divided betwixt the King and the prosecutor See the Statute at large ☞ Sewers I. Stat. 6 H. 6.5 During ten years several Commissions of Sewers shall be made to divers persons by the Chancellor of England to be sent into all parts of the Realm where need shall be according to the form in the said Statute expressed for which see the Statute at large being here omitted because a latter Commission was afterwards ordained by the Statute of 23 H. 8.5 which see after in the proper place II. Stat. 8 H. 6.3 Commissioners of Sewers shall have power to do ordain and execute all such Statutes Ordinances and other things as shall be made according to the effect and purport of the Commission of Sewers ordained by the Statute of 6 H. 6.5 III. Stat. 18 H. 6.10 Commission of Sewers shall be awarded where need shall require during ten years IV. Stat. 23 H. 6.9 The Chancellor of England may grant Commissions of Sewers during fifteen years V. Stat. 12 E. 4.6 The Chancellor of England may grant Commissions of Sewers for 15 years where need shall require VI. Stat. 4 H. 7.1 Commissions of Sewers shall be granted during 25 years VII Stat. 6 H. 8.10 Commissions of Sewers shall be granted during ten years according to the Statute of 6 H. 6.5 and 4 H. 7.1 VIII Stat. 23 H. 8.5 Commissions of Sewers shall be directed into all parts of the Realm from time to time where and when need shall require according to the manner form and tenor hereafter following to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices or any three of them whereof the Lord Chancellor is to be one IX Henry the eighth c. Know ye that forasmuch as the walls ditches banks gutters Sewers Gates Calcies Bridges streams and other defences by the Coasts of the Sea and Marsh-ground being and lying within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by rage of the Sea flowing and re-flowing and by means of the trenches of fresh water descending and having course by divers wayes to the Sea be so dirupt lacerate and broken And also the common passages of Ships Ballengers and Boats in the rivers streams and other floods within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by mean of setting up erecting and making streams mills bridges ponds fishgarths mill-dams locks habbing-wears hecks flood-gates or other lets impediments or annoyances be letted or interrupted so that great and inestimable damago for default of reparation of the said Walls Ditches Banks Fences Sewers Gates Gutters Calcies Bridges and streams and also by mean of setting up and erecting making and enlarging of the said fish-garths mill-dams locks hebbing-wears hecks flood-gates and other annoyances in times past hath happened and yet is to be feared that far greater hurt loss and damage is like to ensue unless that speedy remedy be provided in that behalf X. We therefore for that by reason of our Dignity and Prerogative Royal we be bound to provide for the safety and preservation of our Realm of England willing that speedy remedy be had in the premisses have assigned you and six of you of the which we will that A. B. and C. shall be three to be our Justices to survey the said Walls Streams Ditches Banks Gutters Sewers Gates Calcies Bridges Trenches Mills Mill-dams Flood-gates Ponds Locks Hebbing-wears and other impediments lets and annoyances aforesaid and the same cause to be made corrected repaired amended put down or reformed as cause shall require after your wisdomes and discretions And therein as well to ordain and do after the tenor form and effect of all and singular the Statutes and Ordinances made before the first day of March in the three and twentieth year of Our Reign touching the premisses or any of them as also to enquire by the oaths of the honest and lawful men of the said Shire or Shires place or places where such defaults or annoyances be as well within Liberties as without by whom the truth may the rather be known through whose default the said hurts and damages have happened and who hath or holdeth any lands or tenements or common of Pasture or profit of fishing or hath or may have any hurt loss or disadvantage by any manner of means in the said places as well near to the said dangers lets and impediments as inhabiting or dwelling thereabouts by the said walls ditches banks gutters gates sewers trenches and
King and his people ☞ XXX Stat. 1 H. 4.11 Because Sheriffs did much oppress the people for that they were charged with the ancient farms of the Counties whereof a great part had been granted to Lords and others hereafter the Sheriffs upon their accounts in the Exchequer shall have allowance by their oaths of the issues of their Counties And if from henceforth any Sheriff extort upon the people and be thereof attainted he shall be punished at the Kings will XXXI Stat. 4 H. 4.4 Every Sheriff of England serra demurrant shall abide in proper person within his Bailiwick for the time that he shall be such Officer He shall not let his Bailiwick to farm And he shall be sworn to do the same in special amongst other Articles comprised in his Oath XXXII Stat. 1 H. 5.4 They who have been Sheriffs Bailiffs for one year shall not bear that Office by three years next following except in Sherifwicks inheritable XXXIII No Under-Sheriff Sheriffs Clerks Receiver or Sheriffs Bailiff shall be Attorney in any of the Kings Courts so long as he bears such Office under the Sheriff XXXIV Stat. 4 H. 5.2 Sheriffs of England shall have allowance upon their accompts by their oaths of things casual as of estreats that be not in farm or demand but for all things that run in yearly farms or demands they shall be charged to the King as in times past XXXV Stat. 23 H. 6.8 The Statute of 14 E. 3.7 42 E. 3.9 and 1 R. 2.11 shall be duly observed except by Officers in London and where any hath freehold or inheritance in the Sheriffs Office XXXVI No Sheriff or any of his under-officers except before excepted shall act contrary to the said Statutes in pain to forfeit yearly 200 l. and every pardon granted them in that behalf or for the said forfeiture and every Patent made for that purpose shall be void notwithstanding the clause or word of non obâ—tante be inserted in any of them And whosoever shall hereafter act by any such Patents shall be for ever after disabled to bear the Office of Sheriff in England XXXVII The forfeiture abovesaid is to be divided betwixt the King and the prosecutor ☞ XXVVIII Stat. 23 H. 6.10 No Sheriff shall let to farm his County or Bailiwick neither shall he his Under-Sheriff or any other Bailiff return upon Enquest any Bailiff Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save only the fees that follow viz. for the Sheriff 20 d. for the Bailiff that makes the Arrest 4 d. and for the Goaler when the party is committed 4 d. Neither shall any Sheriff Under-Sheriff Sheriffs Clerk Steward or Bailiff of Franchise servant Bailiff or Coroner take above 4 d. for the copy of a Pannel XXXIX Sheriffs and other Officers shall let to â—bail persons by them arrested upon reasonable sureties having sufficient within the County persons in Ward by condemnation exemption Capias utlagatum or excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted XL. The said Officers shall take no bond of any Arrested person but for appearance and to themselves only and shall not take for it more then 4 d. and Bonds otherwise taken colore officii shall be void XLI Sheriffs shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto him XLII Sheriffs Under-Sheriffs Clerks Bailiffs Goalers Coroners Stewards Bailiffs of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40 l. to be divided betwixt the King and the prosecutor XLIII Justices of Assize of both the Benches and of Peace have power to hear and determime such offences XLIV If the Sheriff return a Cepi Corpus or Reddidit se he shall be chargable to have the body of the party ready at that day of the return mentioned in the Writ XLV The Warden of the Fleet or of the Goal of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XLVI Stat. 1 E. 4.2 Sheriffs shall deliver all indictments and presentments taken in their turns unto the Justices of Peace at their next Sessions in pain of 40 l. who shall arreign deliver make Process and proceed thereupon as if they were taken before them and shall deliver indented estreats of the fines to the Sheriff to be levied to his own use And here if the Sheriff levy any fine or commit any to prison by colour of any such indictment or presentment or otherwise then by Warrant from the Justices as aforesaid shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had fines formerly granted unto them XLVII Stat. 12. E. 4.1 If a Sheriff execute or return any Writ Precept or Warrant into any of the Kings Courts in Michaelmas-Term after the sixth day of November being commonly the day of the date of their Patent and before any Writ of Discharge is delivered unto him he shall not thereby incur the penalty of 200 l. ordained by the Statute of 23 H. 6.8 Albeit he doth execute his Office after the returns of Crastino Martini Octabis Martini Quindena Martini after his year is out XLVIII Stat. 17. E. 4.6 Every old Sheriff may execute his Office during Michaelmas and Hillary Terms if he have not before a Writ of discharge without danger of incurring any forfeiture or pain in respect thereof ☞ XLIX Stat. 11. H. 7.15 No Sheriff Under-sheriff or Sheriffs Clerks shall enter into the County-Court any plaint in the absence of the Plaintiff or his Atturney nor have above one plaint for one Cause in pain of 40 s. to be divided betwixt the King and the prosecutor L. A Justice of Peace upon complaint made hath power to examine the abovesaid Officers and Plaintiff concerning the premises and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in pain of 40 s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40 s. without further enquirie LI. The Defendant in the County-Court shall have lawful summons and if the Bailiff be therein found faulty he shall forfeit 40 s. And here also examination and Certificate shall be made by a Justice of Peace as aforesaid LII Before the Sheriff issue forth any Estreats out of the County-Court two Justices of Peace 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriff one of them shall remain with the Justices and the other with the Sheriff and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in pain of 4â— s. who may be convict of that offence by the examination of one
unless his Ancestors have done it before the said voyage III. Such as be at a suit-fine shall be free from suit paying their Fine IV. The Parcenor having the eldest part shall do suit for his or her fellows and the rest shall be contributary V. Also one Joynt-tenant or Tenant in common shall do the suit and if there be no mean to acquit him the rest shall contribute VI. If a Lord distrain for suit not due the parties upon complaint shall have an attachment against the Lord to appear in the Kings Court at a short day when one only Essoin shall be allowed and the distress shall be delivered to the Plaintiff and there remain untill the Plea be determined VII If the Lord appear not at the day the Sheriff shall have command to distrain him by his goods and to have his body before the Justices at another day when if he appear not the Plaintiff shall go without day and the distress shall remain with him untill the Lord have recovered and in the mean time no more distresses shall be made saving to Lords their right to recover their suits when they will sue for them But here if the Lord be convict he shall allow the Plaintiff damages VIII Like Justice shall be done to Lords against Tenants that withdraw their Suits as to limiting of days and awarding of distresses and damages also if they recover but Lords shall not recover seisin of such Suits against their Tenants by default as they were wont to do And as concerning suits withdrawn before the time above-mentioned let the Common Law run as it was wont to do Swans I. Stat. 22 E. 4.6 None but the Kings Son shall have any mask or game of Swans of his own or to his use except he have Lands and Tenements of Freehold worth five Marks per annum besides reprises in pain to have them seised by any having lands of that value to be divided betwixt the King and the Seisor ☞ Swearing and Cursing * ☞ I. Stat. 21 Jac. 20. If any shall swear or curse within the hearing of a Justice of Peace or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice he shall forfeit 12 d. to the use of the poor where the offence shall be committed to be levied by the Constable Church-wardens and Overseers of the Poor there upon warrant from such Justice by distress and sale of goods and in default of distress if the offender be above 12 years old he shall upon warrant as aforesaid be set in the stocks 3 hours but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if the Officer be sued for the due execution of his Office he may plead the general issue and yet give special matter in evidence III This offence shall be complained of and proved as aforesaid within 20 days after it is committed And this Act shall be read in the Church twice in the year upon Sunday after Evening-Prayer Tail I. West 2.1 13 E. 1. WHere Lands are given to a man and the heirs of his body or to husband and wife and the heirs of their two bodies upon condition That if such man or such husband and wife die without issue that then the land should revert to the Donor or where land is given in frank-marriage and such a condition is conceived to be annexed or implied In all such cases heretofore the Feoffees after issue had had power to Alien and to dis-inherit the issue contrary to the mind of the Donors Wherefore now it is ordained That the Will of the giver according to the form in the Deed of Gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition shall have no power to alien the land so given but it shall remain to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England nor the issue of such second husband and wife shall succeed in the inheritance but immediately after the death of the husband and wife unto whom the land was given it shall return unto the issue of the giver or his heirs as aforesaid II. Hereupon a new Writ of Formedon in descender is granted in this form Praecipe A. quod juste c. reddat E. Manerinm de F. cum suis pertinentiis quod C. dedit tali viro tali mulieri haeredibus de ipsis viro muliere exeuntibus or thus Quod C. dedit tali viro i◠liberum maritagium cum tali muliere quod post mortem praedictorum viri mulieris praedicto B. filio corum viri mulieris descendere debeat per formam donationis praedictae ut dicit c. vel Quod C. dedit tali haeredibus de corpore suo exeuntibus quod post mortem illius talis praedicto B. filio praedicti talis descendere d beat per formam c. III. This Act shall extend to gifts hereafter to be made and not to gifts heretofore made and a Fine hereafter to be levied upon such lands shall be void in Law Neither shall the heir or reversioner albeit they be of full age in England or out of prison need to make their claim But this Law concerning a Fine is in some sort altered by 32 H. 8.36 which see in Fines Taxes Tenths Fifteens Benevolences Ship-money I Stat. 25 E. 1. Certain Taxes then before taken shall not be taken in custome but by the common assent of the Realm except antient Aids and Taxes II. Stat. De Tallagio non concedendo cap. 1. Temp. E. 1. No tallage or aid by us or our heirs shall be levied without the will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free Commons of our Realm III. Stat. 1 E. 3. Stat. 2. cap. 6. Whereas after Taxes rated levied and paid into the Exchequer Commissions of review issued out by colour whereof the Justices thereto assigned took Fines of the Taxers and others it is ordained That from henceforth the people shall be taxed after the old manner and not otherwise IV. Stat. 11 R. 2.9 No imposition or charge shall be put upon Wooll Leather or Woolfels other than the Custom and Subsidy granted to the King in this present Parliament and if any be the same shall be annulled saving always unto the King his ancient right V. Stat. 9 H. 4.7 Goods shall be chargeable towards the payment of Tenths or Fifteenths in the place where they were at the time the same were granted howbeit none shall be twice charged for his goods VI. Stat. 1 R. 3.2 The Subjects of this Realm shall not be hereafter charged by any
otherwise then according to the prices so set and proclaimed as aforesaid in pain to forfeit 40 l. for every vessel otherwise sold to be divided in a Corporation betwixt the King and the Head Rulers there but out of a Corporation betwixt the King and the Prosecutor XIV Justices of Peace and Head Officers have power to hear and determine the defaults of all such as sell wine in grosse or by retail contrary to this Act. XV. Stat. 32 H. 8.23 The great Officers appointed by the Statute of 28 H. 8.14 to set prices upon wines shall so set them between the 20 day of November and the last day of December and at no time else and none that sell wines either in grosse or by retail shall sell them above those prices upon the penalties in the said Statute of 28 H. 8. contained XVI If any refuse to sell their wines accordingly In London the Mayor Recorder and two ancient Aldermen being no Vintners and in other places the Mayor Bailiffs Aldermen or other Officers whereof the chief Officer is to be one may enter the houses of such persons and sell their wines at the prices so assessed as aforesaid ☞ XVII Stat. 7. E. 6.5 None shall utter wine by retail in any other places then in Cities Burroughs Port Towns or Market Towns or in Gravesend Sittingborn Tuxford or Bagshot in pain to forfeit ten pounds for every day that they sell Wine otherwise XVIII None shall utter wine by retail in any City Burrough or Corporation but by licence of the most part of the Common Council Aldermen Burgesses or Communalty there under their common seal nor in any City Burrough Port-Town or Market-Town not corporate or in Gravesend Sittingborn or Bagshot without license of the Justices of Peace of the County in Sessions under their seal in pain to forfeit 5 l. for every day that they sell wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not license above two in one place in pain to forfeit 5 l. a piece except in these hereafter following in which it shall be lawful to license more then two viz. in London 40 York 3 Norwich 4 Westminster 3 Bristol 6 Lincolâ— 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford-East 3 Worcester 3 Southampton 3 Canterbury 4 Isswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 XIX None shall sell or utter wine by retail to be spent in his or their Mansion-house or in any other place in their tenure by any colour craft or engine in pain of 10 l. XX. The abovesaid forfeiture shall be divided betwixt the King and the Prosecutor XXI Justices of Peace within every County and Corporation in Sessions Stewards in Leets and Sheriffs in their turns have power to enquire by the oaths of 12 men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poor of the Town or place where the presentment shall be found XXII This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unless the suit be prosecuted within a year XXIII Stat. 12 Car. 2. cap. 25. None shall sell or utter wines by retail upon pain to forfeit 5 l. the one moyety to the King the other to him that shall sue for the same XXIV The King may grant Commission to two or more persons who may license and authorise the selling of Wine by retail according to the rules and directions in this Act and not otherwise XXV Such persons Commissionated shall be called the Kings Agents for granting wine Licenses and may grant Licenses not exceeding 21 years if the party licensed so long live under a Rent yearly but no fine to be paid XXVI Licenses shall be granted onely â—â— such persons as use the Trade of selling Wines by retail or to the Landlord of the house and may not be assigned nor shall indempnifie any against the penalties of this Act save the first taker XXVII They may appoint Officers for managing that service so as their Sallaries exceed not 6 d. in the pound of the yearly Revenue arisiâ—â—◠〈◊〉 XXVIII The said Revenue shall be paid into the Exchequer and not to be charged with any gift or Pension and the Agents shall every Michaelmas Term return into the Exchequer what Licenses they have granted and the Rents reserved and paid and the arrears to the end Process may issue for the same XXIX Proviso not to extend to prejudice any priviledges of the two Universities nor to prejudice the priviledges of the Society of Vintners London nor any other Town Corporate nor the Burrough of St. Alboas in their priviledges granted by Letters Pattents of Queen Elizabeth for maintenance of the Free-School there XXX No Officer appointed by the King for this service shall receive any Fees or rewards for the same other then 5 s. for a License 4 d. for an Acquittance and 6 d. for a Bond upon pain of 10 l. one moyety to the King the other to the person that will sue for the same XXXI None shall abuse or mix any wines with any other Ingredients upon pain of forfeiture of 100 l. by every Merchant Wine-Cooper or other selling wines in grosse And 40 l. by every person selling wines by retail for such mixing corrupting or abusing of wines the one moyety to the King the other moyety to the person that shall sue for the same XXXII No Canary wines Muskadel or Alegant shall be sold within England Wales or Berwick by retail for above 18 d. the quart No Gascoigne or French wines for above 8 d. the quart No Rhenish wines for above 12 d. the quart and so proportionably for more or less quantity upon pain of 5 l. forfeiture for every Statute quart c. or other measure sold for more the one moyety to the King the other moyety to him that shall sue for the same XXXIII Provided the Lord Chancellor c. may set the prices of wines yearly or alter the same and in default of such setting of prizes the Rates set by this Act to continue under the penalties recoverable as aforesaid XXXIV See Post-Office Numb 4. Witnesse I. Stat. 12. E. 2.2 When a deed or other writing is denyed in Court wherein witnesses are named processes shall be awarded to cause them to appear and if they come not at the great distress returned or the return be that they have nothing or that they cannot be found yet the Enquest shall proceed but if the witnesses appear at the great distress and the Enquest for some cause remain untaken the witnesses shall have like day given as is assigned for the taking of the Enquest when if they appear not the issues first returned upon them shall be forfeit and the taking of the Enquest shall not be deferred because of their