shall make certificate thereof to the Justices to the end the fine may be lawfully levied according to the former Ordinance IX Neither the Barons of the Exchequer nor the Justices shall admit any Attorneys save onely in Pleas that pass before them neither shall any of their Clerks or servants so do and every admission otherwise shall be void X. The authority of the Chancellor and of the chief Justices for admitting Attorneys as hath been heretofore observed is saved XI Stat. 3 E. 34.16 The plea of Non claim of fines shall be no bar hereafter XII Stat. 38 E. 3. Stat. 1.3 Fines taken before the Justices shall be in the presence of the pledges who shall know the summ of their fine before they depart XIII Stat. 5 H. 4.14 To prevent the dammages that may happen by the embeziling of the feet and notes of fines all writs of Covenant and other writs whereupon fines are levied togethér with the Dedimus potestatem if any be and all knowledges and notes of the same before they be drawn out of the Common Bench by the Chirographer shall be recorded in a Roll to remain with the chief Clerk of that Court for the old fee of 22 pence usually paid to him for entring the Concord to the end that in case any notes or fines be embeziled the party may have recourse to the said Roll to have execution thereof XIV Stat. 1 R. 3.7 A fine shall after the ingrossing thereof be openly read and proclaimed in the Common Pleas the same term and there the three next terms after upon four several days and in the mean time all the Pleas shall cease XV. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year then also all Pleas shall cease XVI Another transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year and both the Justices of Assize and Peace shall make Certificate of such Proclamation made the second return of the term then next following XVII A fine so proclaimed and certified shall conclude all persons both Privies and Strangers except women covert other then such women as the parties to the fine persons under age in prison out of the Realm or not of sound mind if they pusue not their right title claim or interest by way of action or lawful entry within five years after the proclamation so made and certified as aforesaid XVIII The right of Strangers which happens to come unto them after the fine is ingrossed is saved so that they lawfully pursue their right or title within five years after it so comes to them and here an Action against the pernor of the profits is maintainable XIX If the parties to whom such right or title comes be covert under Age in prison out of the Land or not of sane memory they or their heirs have time to pursue their right or title within five years after such imperfections removed so also have they in case they had right of title at the time of the fine levied XX. Fines at the Common Law have the same force they had before and a fine may be levied according to this Statute or the Common-Law at the election of the parties XXI Stat. 4 H. 7.24 Every fine after the ingrossing shall be proclaimed in the Court the same term and the three next four several days in every term and in the mean time all Pleas shall cease XXII The Proclamations being so made the fine shall conclude all persons both privies and strangers except women covert persons under age in prison out of the Realm or of non-sane memory being not parties to the fine XXIII The right and interest that any person or persons other then parties hath or have at the time of the fine ingrossed is saved so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the Proclamations so made so also is the right and interest saved which accrues after the ingrossing of the fine so that the parties having the same pursue it within 5 years after it so accrues and in this case the Action may be brought against the Pernor of the prosits XIV If at the time of the fine ingrossed or of such accruer as aforesaid the persons be covert and no parties to the fine under age in prison out of the Realm or of non sane memory they or their heirs have time to pursue their Actions within 5 years after such imperfection removed XXV The exception that none of the parties nor any to their use had any thing in the lands at the time of the fine levied is saved to all persons except parties and privies XXVI Fines at the Common law have the same force they had before the making of this Act and a fine may be levied this way or at the Common law at the pleasure of the parties XXVII Stat. 32 H. 8.36 All fines levied by any person or persons of full age of lands intailed before the same fine to themselves or to any of their ancestors in possession reversion remainder or use shall immediately after the fine ingrossed and proclamations made be a sufficient bar against them and their heirs claiming onely by such entail and against all other claiming onely to their use or to the use of any heir of their bodies XXVIII Howbeit this Act shall not bar the interest of any persons accrued by reason of any fine levied by a woman after her husbands death contrary to the Statute of 11 H. 7.20 XXIX A fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. XXX This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered in any Court by judgment or otherwise nor to any fine of Lands intailed by the King's Letters Patents or any Act of Parliament the reversion thereof at the time of such fine levied being in the King XXXI Stat. 37 H. 8.19 Fines levied before the Justices Of Assize at Lancaster or one of them and openly read and proclaimed at the three several Sessions before the said Justices or one of them of lands lying within that County Palatine viz. upon three several days in the Sessions when the fine is ingrossed and three other several days in each of the two Sessions then next following shall be of like force as fines acknowledged before the Justices of the Common Pleas. XXXII Stat. 2. 3 E. 6.28 This Statute ordains all fines of lands within the County Palatine of Chester to be of like force with those of the Common Pleas being proclaimed before the high Justice there or his Deputy in like sort as those of Lancaster are proclaimed XXXIII Stat. 1 M. Parl. 1.7
and to cause the said premisses to be searched rented appraised and sold for the payment of the Creditors rateably according to their debts as in the discretion of such Commissioners or the most part of them shall be thought fit IV. The Vendees of Copihold-lands shall compound with the Lord for their fines and the shall be admitted and make fealty according to the custom of the Mannor V. Such of the Commissioners as execute the Commission shall upon the Bankrupt's request render him an account and also the overplus if any be unto him his Executors Administrators or Assigns VI. The Commissioners have power to convene before them any person accused or suspected to have any of the Bankrupt's goods chattels or debts or to be indebted unto him and for discovery thereof to examine upon oath or otherwise as they or the most of them shall think fit VII The person refusing in that behalf to disclose or swear shall forfeit the double value of the goods chattels or debts so concealed to be ordered and imployed by the Commissioners or the most part of them as if they were the Bankrupts VIII The person demanding or detaining any of the Bankrupt's lands goods chattels or debts not justly due shall forfeit the double value to be levied recovered and employed as aforesaid IX If after all the creditors are paid out of the Bankrupt's estate and the forfeitures any surplusage shall remain it shall be by the Commissioners divided betwixt the Queen her heirs and successors and the poor of the place where such Bankrupt happens to be X. If any person indebted absent himself from his usual place of abode upon complaint the Commissioners or the most of them shall award five Proclamations to be made upon five sundry Market-days near the said place commanding him to render himself to the Commissioners or one of them which if he do not within convenient time he shall be adjudged out of the Queen's protection and the party wittingly receiving or concealing him shall upon information of the Commissioners or the most part of them suffer such imprisonment and pay such fine as the Lord Chancellor or Keeper shall think fit XI The Creditor not sully satisfied by this means may notwithstanding this Act take his course at Law against the Bankrupt for the residue of his debt XII The estate which happeneth to the Bankrupt by purchase or descent after he becomes a Bankrupt shall also be extendable by the Commissioners or the more part of them XIII This Act shall not extend to annual estates of Land Free or Copy by him conveyed before he became Bankrupt so that they were so conveyed bonâ fide and not to such as were privy to his fraudulent purpose XIV Stat. 1 Jac. 15. Every Subject born or Denizon who using Trade shall depart the Realm keep house absent him or her self take Sanctuary suffer him or her self to be arrested for debt not justly grown due to be outlawed imprisoned fraudulently procure his person to be arrested or goods attached depart from home make any fraudulent grant of lands or goods with intent to deceive his other Creditors being Subjects born or being arrested lie in prison six moneths or more shall be adjudged a Bankrupt XV. The Bankrupt hereby described shall be proceeded against as is limited by the Stat. of 13 El. 7. in like manner as if he had been there so fully described XVI Any Creditor shall be received to take his part if he come in within four moneths after the Commission sued out and pay his part of the charge otherwise the Commissioners may proceed to distribution XVII If a Bankrupt grant his lands or goods or transferr his debt into other mens names except to his children upon marriage they being of age to consent or upon valuable consideration the Commissioners may notwithstanding sell them and such sale shall be good XVIII If upon warning in writing left three times at the most usual place where he dwelt within one year before he became Bankrupt he appear not before the Commissioners they may cause him to be proclaimed at some publick place or places and if upon five such Proclamations he yield not himself they shall by warrant cause him to be brought before them to be examined the concerning his estate c. XIX If the Bankrupt shall refuse to be examined the Commissioners shall commit him until he conform or if being examined he commit perjury in prejudice of the Creditors to the value of 10 l. or more he shall be indicted for the same and after conviction stand upon the Pillory and have one of his ears nailed thereto and cut off XX. If any person be known or suspected to detain any of the Bankrupt's estate and do not appear or send some lawful excuse at the next meeting after warning given him or appearing refuseth to be examined upon oath the Commissioners by Warrant shall cause him to be arrested and if he still refuse shall commit him until he submit XXI The witnesses shall have convenient charges allowed them ratably by the Creditors and such of them as shall be perjured and their procurers shall be indicted upon the Statute of 5 El. 9 which see in Perjury XXII The Forfeitures of this Act shall be recovered by the Creditors and the costs of suit deducted shall be ratably divided amongst them XXIII The Commissioners have power to assign the Bankrupt's debts to the Creditors and by such assignment they shall be recoverable by the Creditors as their proper debts XXIV No debtor shall be prejudiced by payment of his debt to the Bankrupt before he have notice that he is a Bankrupt XXV The Commissioners shall make such account to the Bankrupt and likewise pay him the overplus as by 13 El. 7. is ordained and the Creditors being all satisfied the Bankrupt may recover the remaining debts XXVI If any of the Commissioners or other person imployed by them be sued for any act done by force of the Commission the Defendant may plead Not guilty or justify and the whole matter shall be brought in evidence according to the very truth thereof and if the Verdict pass for the Defendant he shall have his costs XXVII The Commissioners shall proceed to execution notwithstanding the death of the Bankrupt XXVIII Stat. 21 Jac. 19. All Laws made against Bankrupts shall be beneficially construed for the Creditors XXIX All persons of Trade and Scriveners that procure protection except of Parliament and all such as by exhibiting Petitions endeavour to compel their Creditors to take less then their due debts or to gain time for the payment thereof or being indebted in 100 l. or more shall not satisfie the same within 6 months after the same grows due and the debtor arrested or within six moneths after the original Writ sued out and notice given thereof or left in writing at the place of his abode or after arrest lie six months in prison or escape out of prison or procure enlargement by
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
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
shall not give liberty to any Badger c. to buy Grain out of open Fair or Market to sell again unless there be special words in his license to warrant the same in pain to forfeit for every time so offending 5 l. V. These forfeitures are to be divided betwixt the Queen and the prosecutor VI. The Queen's moiety shall be estreated according to the usual manner and the prosecutor's levied by Fiery facias or Capias but when the suit is wholly the Queen's the whole shall be estreated for her use VII Justices of Peace have power to hear and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make process thereupon VIII This Act shall not restrain Purveyors of Cities and Towns Corporate neither yet the inhabitants of the Counties of Westmorland Cumberland Lancaster Chester and York ☞ IX Stat. 13 Eliz. 13. For the increase of tillage and the maintenance of the Navy and Mariners the Lords Presidents and the Councils in the North and VVales Justices of Assise in their Circuits and Justices of Peace in their Sessions have power to license or prohibit the transportation of Grain at their discretions Provided their order be first approved by the Queen or her Council which also may be countermanded by the Queen's Proclamation if there be cause for it X. Stat. 3 Car. 4. Corn may be transported to the Kinâ—â— Allies when Wheat is sold for 32 s. Rie for 29 s. Beans for 10 s. and Barley or Malt for 16 s. the quarter or under See Title Trade num 1. ☞ Coroner I. West 1.10 3 E. 1. Sufficient men of the most wise and discreet Knights shall be chosen in all Counties for Coroners II. The Sheriffs shall have counterparts with the Coroners of all things which concern their Office III. They shall take nothing of any man to doe their office in pain of great forfeiture to the King IV. Stat. 4 E. 1. Officium Coronatoris See the Statute at large V. Stat. De Exonia de inquisitione super Coronatores 14 E. 1. See the Statute at large together with the Articles thereunto annexed VI. Stat. 14 E. 3.8 A Coroner shall have sufficient in the County whereof to answer all people VII Stat. 28 E. 3.6 Coroners shall be chosen in the full Counties of the most convenient and lawful men saving unto the King and other Lords that may make Coroners their Franchises VIII Stat. 1 H. 8.7 Where one is slain by misadventure the Coroner shall execute his office without fee in pain of 40 s. IX Justices of Assise and Peace have power to inquire of and punish the defaults and extortions of Coroners Corporation I. Stat. 19 H. 7.7 Corporations shall not make or execute any Ordinances in diminution of the prerogative of the King or of other or against common profit except approved by the Chancellor Treasurer and the chief Justices or three of them or by the Justices of Assise in pain of 40 l. II. They shall make no Ordinance to restrain suits in the King's Court upon the like pain of 40 l. III. Stat. 22 H. 8.4 They shall take but 2 s. 6. d. for the first entry of an Apprentice and 3 s. 4 d. for his entry of Freedom in pain of 40 l. to be divided betwixt the King and the prosecutor IV. Stat. 28 H. 8.5 No Corporation shall by oath or bond restrain any Apprentice or Journey-man from keeping Shop or take money of them for their freedom or the occupying of their profession otherwise then as is limited by 22 H. 8.4 in pain of 40 l. to be divided as aforesaid V. Stat. 33 H. 8.27 In Acts to be done by Corporations the consent of the greater part shall binde and the Oath taken by them to the contrary shall not be observed VI. No person shall hereafter give any such oath in pain of 5 l. to be divided betwixt the King and the prosecutor VII Stat. 13 Car. 2. ca. 1. An Act impowering the King to issue Commissions for governing and regulating Corporations Exp. 25 March 1663. Corpus cum causa Certiorari Habeas Corpus Supersedeas I. Stat. 2 H. 5. Stat. 1.2 If a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an execution at another man's suit he shall be remanded II. Stat. 43 El. 5. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered unto the Judge or Officer of the Court before the Jury appear and one of them be sworn III. Stat. 21 Jac. 8. Process of the Peace and good behaviour shall not issue out of the Chancery or King's Bench but upon motion in open Court and good cause shewed upon oath which shall also be indorsed upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison until he pay the party grieved all his costs and dammages IV. All Writs of Supersedeas shall be void unless such process be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appear to the Court upon oath to be Subsidy-men assessed at 5 l. lands or 10 l. goods and also unless the prosecution against the party for the peace or good behaviour be bonâ fide and here false sureties procured for the gaining of such Writs shall be punished by the Judges V. Certioraries shall not be allowed unless the indicted will become bound with sufficient sureties such as the Justices of Peace in Sess shall like of to pay to the prosecutor within one moneth after conviction such costs and dammages as the said Justices shall assess VI. Stat. 21 Jac. 23. No Writ to remove a suit commenced in an inferiour Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joyned so as such issue or demurrer be not joyned within six weeks after the arrest or appearance of the Defendant VII An Action or suit once remanded shall never afterwards be again removed VIII When the thing in demand exceedeth not 5 l. the suit shall not be removed by any Writ save onely by Writs of Error or attaint IX This Act shall onely extend to Courts of Record where an Utter-barister of 3 years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Council in any Action there depending X. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Cousenage Ayel and Besayel I. West 2.26 13 E. 3. In Writs of Cousenage Ayel and Besayel the tenant's answer that the Plaintiff is not next heir of the same Ancestor by whose death he demandeth his land shall be admitted and inquired and according to the same inquisition the Justices shall proceed to judgment ☞ Cottages * I. Stat.
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
from Church without any lawfull cause impugned the Queen's authority in causes Ecclesiastical or frequented Conventicles or persuaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remain untill they shall conform themselves and make such open submission as hereafter shall be prescribed And if within three moneths after such conviction they refuse to conform and submit themselves being thereunto required by a Justice of Peace they shall in open Assize or Sessions abjure the Realm ☞ and if such abjuration happen to be before Justices of Peace in Sessions they shall make certificate thereof at the next Assize or Gaol-delivery LXXI If such an offender refuse to abjure or going away accordingly doth return without the Queen's license he shall be adjudged a felon and shall not enjoy the benefit of Clergie but if before he be required to abjure he makes his submission the penalties aforesaid shall not be inflicted upon him LXXII The form of the Submission is as followeth I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawfull government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Statutes and Laws of this Realm and in using and frequenting disordered and unlawfull Conventicles and Assemblies under pretence of Exercise of Religion and I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utmost endeavour to maintain and defend the same LXXIII The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXIV The offender that after such submission falleth into a relapse shall take no benefit thereby LXXV The forfeitures of this Act and of 23 Eliz. 1. may be recovered by action of debt LXXVI The third part of the penalties which accrue by this Act shall be disposed as those of 29 El. 6. LXXVII A feme covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his land during life Howbeit here shall be no corruption of bloud loss of Dower or disherison of heir * LXXVIII Stat. 35 El. 2. Popish Recusants above 16 years of age shall within 40 days after their conviction repair to their usual dwelling and not remove above 5 miles from thence in pain to forfeit all their goods and their lands and annuities during life ☞ And if they have no certain abode then are they to repair to the place where they were born or where their father or mother dwells and within 20 days after their arrival there to give their names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs is to certifie the same to the next Quarter-Session where the Justices of Peace shall cause them to be inrolled LXXIX A Copiholder shall in this case also forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seized or possessed in trust to the use of a Recusant for then the Queen shall have the forfeiture LXXX A Popish Recusant being no feme covert not having lands worth 20 marks per annum or goods worth 40 l. which within the time above limited doth not repair to the place of his abode or doth depart above five miles thence or within three moneths after his arrival there doth not make the submission hereafter following being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of Peace or the Coroner abjure the Kingdom which abjuration shall be by the said Justices or Coroner certified in at the next Assize or Gaol-delivery LXXXI If such Popish Recusant depart not the Realm within the time limited by the said Justices or Coroner or return without the Queen's license he shall be adjudged a felon without Clergie LXXXII A Jesuit or Priest refusing to answer shall be committed to prison and there remain till he will answer the questions whereupon he was before examined LXXXIII This Act shall not restrain a Recusant urged by process or summons without fraud to travel without the abovesaid limits so he return again in a convenient time neither him that is compelled to render his body to the Sheriff LXXXIV If such an offender before conviction upon a Sunday or some Festival day repair to Church and there hear Divine Service and before the Gospel make the Confession following he shall be discharged of the penalties inflicted by this Act. The Confession is this LXXXV I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawful government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realm and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty within any of her Majestie 's Realms or Dominions And I do promise and proceed without dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utter most endeavour to maintain and defend the same LXXXVI The Minister of the Parish where such submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXXVII The offender that after such submission falleth into a relapse shall take no benefit thereby LXXXVIII Every married woman shall be bound by this Act save onely by the clause of abjuration LXXXIX Stat. 1 Ja. 1. A Recognition that upon Queen Elizabeth's death the Crown of England and all the Kingdomes Dominions and rights belonging to the same did by lawfull birth-right and succession descend to King James XC Stat. 1 Ja. 1. All the aforesaid Statutes made in the time of Queen Elizabeth shall be duely put in execution against all such as do not conform themselves as aforesaid XCI Where the Ancestor dies a Recusant the heir being none or conforming himself and taking the Oath of Supremacie before the Arch-bishop or Bishop of the Diocess the land shall be freed from all penalties XCII If an heir within age after he shall have
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
will not hold the lands of persons convict of Felony longer then a year and a day and then they shall be delivered to the Lords of the Fee II. Stat. 17 E. 2.14 The King shall have the Escheats of the lands of free-holders of Arch-bishops and Bishops which happen in time of Vacation to dispose of at his pleasure the said free-holders being attainted for felony saving to such Prelates the service that thereto is due and accustomed III. Stat. 17 E. 2.16 The King shall have all the goods of felons and fugitives and the year day and waste of their land and then the lands shall be dilivered to the Lord of the Fee who may also if they please compound with the King for the year day and waste IV. Here certain lands are excepted viz. 1. in Glocester-shire where after the year and day the land shall descend to the next heir 2. In Kent lands called Gavelkind where the Father may go to the Bough and yet the Son to the Plough And in Gavelkind all the heirs-male shall divide the inheritance and so shall the heirs-female but women shall not make partition with men also a woman shall be indowed of the moiety and if she commit fornication in her widdow-hood or marry she shall lose her Dower V. Stat. De Catallis felonum None taken for felony for which he shall be imprisoned shall be disseised of his lands or chattels until he be convicted thereof but as soon as he is taken his tenements and chattels shall be viewed by the Sheriff and other officers of the King and lawful men and Inventoried and kept by the Bailiff of him that is so taken who shall give surety to the Justices of the chattels or the price saving to the accused and his family their necessaries as long as he shall be imprisoned and his reasonable estover so that when he is convicted the residue of his chattels besides his estover may remain to the King with the year and day of his lands but if he be acquit his chattels shall be restored Vide Rast Forfeiture 7. VI. Stat. 31 E. 3. Stat. 1.3 If any charged with the goods of fugitives and felons will in discharge of himself alledge another that is chargeable therewith he shall be heard and right shall be done him VII Stat. 34 E. 3.12 There shall be no forfeiture of lands for treason of dead persons not attainted in their lives VIII Stat. 1 R. 3.3 None shall seize the goods of any arrested for suspition of felony before he be convict or attainted thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by Action of debt c. wherin no essoin c. shall be allowed IX Stat. 11 H. 7.1 None that attends upon the King for the time being in his person and doth him faithful service of Allegiance in his wars within the Realm or without or is in other places at his common shall be convict or attainted of High Treason or any other offence for so doing whereby he may forfeit any thing but shall be clearly discharged of all vexation and loss which he may incur by reason of the same And if any Act or process of Law hereafter happen to be made thereupon it shall be void Provided that none shall take benefit by this Act which shall hereafter decline from his Allegiance X. Stat. 24 H. 8.5 If any be indicted or appealed for the death of one attempting to murther rob or commit burglary and so found by verdict he shall forfeit no lands or goods for the same but shall be fully acquit and discharged thereof ☞ Forger of false Deeds * I. Stat. 5 El. 14. If any alone or with others shall wittingly subtilly and falsly forge or make or cause to be forged or made any false Deed Charter or writing sealed Court-Roll or Will in writing to the intent that the free-hold or inheritance of lands or the right or title thereof may be troubled defeated or charged or shall publish or shew forth in evidence any such forged writing as true knowing the same to be false and forged and shall be thereof convicted upon an Action of Forger of false Deeds to be founded upon this Statute at the suit of the party grieved or otherwise shall pay to the party grieved double costs and dammages to be assessed in the Court where such conviction shall be shall be set upon the Pillory in some Market-town or other open place and there have both his Ears cut off and also his nostrils slit and feared with an hot iron he shall also forfeit to the Queen her heirs and successors the Issues of his lands and suffer perpetual imprisonment during his life and the said costs and dammages shall be fist levied upon the goods and issues of the lands of the offender notwithstanding the Queen's title thereunto II. For such forging c. of a lease for years of lands not Copy-hold or of an Annuity Obligation Bill Acquittance Release or other discharge of any personal thing the offender shall pay double costs to the party grieved to be assessed as before be set upon the Pillory lose one of his ears and suffer a years imprisonment without bail III. The party grieved may have his remedy for his double costs and dammages by original writ out of the Chancery as in case of trespass by bill in the King's Bench or in the Exchequer in which suit no essoin c. shall be allowed IV. Howbeit he that is once punished for his offence shall not after be impeached for the same and albeit the Plaintiffs release or discontinuance of suit may discharge his own remedy yet the rest of the punishment shall be nevertheless inflicted by judgment and command of the Court. V. The second offence is felony without Clergy whereof the offender being convicted or attainted he shall forfeit his lands and goods as other cases of felony saving to all other persons their right c. neither shall such conviction or attainder extend to loss of Dower or disherison of heir VI. Provided this Act shall not extend to charge any Ordinary Commissary or Official for putting their seal of Office to any will not knowing the same to be forged nor for writing such a will or the probate thereof VII Justices of Oyer and Terminer and Assize in their Sessions shall hear and determine these offences VIII Provided this Act shall not extend to any Proctor Advocate or Register for writing setting forth or pleading of any Proxie for the apparence of any person cited to appear in the Ecclesiastical Court nor to any Arch-deacon or Official for putting their seal to such Proxie nor to any Ecclesiastical Judge for admitting the same nor to any Attorney or Counsellor for pleading or giving in evidence any such forged writing being nor party nor privy thereunto nor to any person that shall plead or shew forth any writing
Officer there or unto the Lord Treasurer Chancellor under-Treasurer or one of the Barons of the Exchequer or unto the Attorney-general he shall forfeit 100 l. LXXIV Customers Controllers and Searchers have power to make Deputies in Ports Creeks and Roads and both they and their Deputies shall duly and faithfully execnte their offices in pain of a 100 l. and to lose their places LXXV Such custom shall be paid for sweet Wines as hath formerly been paid for Malmseys LXXVI This Act shall not infringe the liberties granted to the Isle of Anglesey and the Counties of Flint and Carnarvan so as they pay the due Customs and Subsidies and lade and discharge within the times and hours above mentioned LXXVII Stat. 43 El. 12. The Lord Chancellor or Keeper shall award a standing Commission to be renewed yearly or as often as to him shall seem meet for the hearing and determining of all such causes arising and policies of assurances as shall be entred in the office of Assurance in London LXXVIII This Commission shall be directed to the Judge of the Admiralty the Recorder of London two Doctors of the Civil Law 2 common Lawyers and 8 grave and discreet Merchants or to any 5 of them which Commissioners or the greater part of them shall have power to hear and examine order and decree all such causes in a brief and summary course as to their discretion shall seem meet without formality of pleadings or proceedings LXXIX The Commissioners have also power to summon the parties examine witnesses upon oath and commit to prison such as contemn or disobey their orders or decrees they shall meet and sit once a week at least in the office of Assurances or some other convenient publick place for the execution of the said Commission And no fees at all shall be there exacted by any person whatsoever LXXX If any be grieved by their sentence or decree he may exhibit his bill in Chancery for the re-examination thereof so as he first satisfie the sentence so awarded or deposit with the Commissioners the summ awarded and then albeit he be imprisoned he may be inlarged and here the Lord Chancellor or Keeper hath power to reverse or affirm every such sentence or decree and in case it be affirmed to award the party assured double cost LXXXI No Commissioner shall meddle in the execution of this Commission in any cause wherein himself is party Assurer or Assured not until he hath taken his corporal oath before the Mayor and Court of Aldermen to proceed uprightly and indifferently between party and party onely the Judg of the Admiralty and Recorder are excused from such oath LXXXII Stat. 3 Jac. 6. All the Kings subjects shall have free trade into and from Spain Portugal and France notwithstanding the late grant of an Incorporation to prohibit the same or any other Act or thing whatsoever to the contrary LXXXIII Provided that this Act shall not give liberty for any person to go beyond Sea who by Law is restrained from going without licence LXXXIV Stat. 3 Jac. 9. No merchant or other shall dress or cause to be dressed in his house or by any workman being no Skinner appointed by him for that purpose any black Cony-skins of this Realm nor transport any such or pack them to be transported before they be tawed and duly wrought by such as are Artizan Skinners or Tawers under them in pain to forfeit them or the value thereof LXXXV No Merchant shall buy or contract for any Cony-skins or Lambs-skins under the number of 1000 black Cony-skins 3000 grey Cony-skins and 2000 Lambs-skins at one and the same time to be so bought and delivered intirely together and not by parcels except they be bought of the Artizan-skinners neither shall the Merchant sell them again in less parcels then as aforesaid unless to the said Artizan-skinners in pain to forfeit the same or the value thereof LXXXVI None shall retain any Servant Journey-man or Apprentice to work in the trade of a Skinner unless he himself hath served 7 years as an Apprentice in the same trade in pain to forfeit the double value of his ware so wrought LXXXVII The forfeitures aforesaid are to be divided betwixt the King and the seisor or prosecutor LXXXVIII Stat. 4 Jac. 9. The general Statute of 3 Jac. 6. neither doth nor shall dissolve or impeach the Charter of Incorporation granted by Queen El. to certain Merchants of Exeter and their successors LXXXIX Stat. 14 Car. 2. ca. 23. Upon some defects in the Statute 43 Eliz. ca. 12. recited It is enacted That the Lord Chancellor or Keeper of the Great-Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a Doctor of the Civil-Law or a Barrister at Common-law of 5 years standing to be always one to make a Court of Pollicies of Assurance and act as any 5 before might have done XC The said Commissioners or any 3 of them impowred to summon parties and witnesses and upon Contempts or delay in the witnesses upon first summons and tender of reasonable charges and in the parties upon second summons to imprison offendors or give costs every Commissioner having taken the oath before the Lord Mayor of London to proceed uprightly in execution of the said Commission XCI Commissions may issue out of the Court of Admiralty for examining witnesses beyond Sea or in remote place by direction of the said Commissioners or any 3 of them And decrees may be made against the body and goods and against the Executors c. and execution accordingly and assess costs of suit as to them shall seem just XCII Any of the Commissioners may administer an oath to any witness legally summoned so as the adverse party have timely notice to the end witnesses be truly examined XCIII Provided Execution in no case be against body and goods for the same debt XCIV Provided An Appeal may be to the Chancery as in the said former Act. Marshalsey I. Artic. super Cart. 3. 28. E. 1. The Stewards and Marshals of the Kings house shall not hold plea of freehold debt covenant or contract but only trespass done in the house or Verge or of contracts and covenants when both parties are of the house and the plea of trespass shall be determined before the Kings departure from the Verge where the trespass was committed and therefore the plea thereof shall be speedy de die in diem and if the plea cannot be determined in time the Plaintiff shall in such case have recourse to the Common Law II. The Steward shall from henceforth take no conusance of debt or other things but of the people of the same house nor shall hold plea by obligation made at the distress of the said Stewards or Marshals And if any thing be done contrary to this Act it shall be holden void III. In case of death within the Verge where the Coroner is to make view the Coroner of the County together with the Kings
have Lands in the same County sufficient to answer the King and his people LXXXX Every Sheriff having obtained a Quietus est as by the Act 21. Iac. Ca. 5. he might the Sheriff his Heirs Executors Land and Tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgement given within 4 years after the same and every Officer by whose default any process shall be sent contrary to this Act shall incur the same penalty as aforesaid Provided this Act not to extend to the Counties of Chester Lancaster Durham or the Counties of Wales being Counties Palatines as to the manner of their accompting who are to accompt before the respective Auditors as formerly 2. Not to extend to enjoyn the Remembrancers to tranâ—tribe to the Engroser of the great Roll any Inquisitions or seisures but such as have been formerly charged in the forraign accompts of Sheriffs But Inquisitions upon attainders and other forfeitures to be put in charge as formerly 3. Nor to exclude his Majesties Remembrancer from writing forth process for his Majesties Debts Duties Outlawries or other charge or process of levari fac at any persons suit to levy Issues of Lands seised or venditioni exponas for goods for any debt to the King or upon Outlary or to alter any pleading touching the same 4. That no Debt Duty Fine Amercement or seisure charged in the great Roll of the Pipe by any Record in the Office of the Kings Remembrancer nor any proceeding thereupon be stayed compounded or discharged but by order or Judgment entred in the said Office of the Kings Remembrancer where the original of such debt or charge remaineth 5. If any the debts seisures fines or other be not levyed or payd upon process of summons of the Pipe the Clerk of the Pipe shall the next Terme after return of such process certifie the Office of the Kings Remembrancer who shall issue process for levying the same 6. Antient and lawful fees belonging to the Office of the Kings Remembrancer not abridged by this Act. The Act to continue to the end of the first Session of the next Parliament and no longer Ships I. Stat. 38 E. 3.8 No owner of a Ship shall forfeit the same for any small thing put thereinto without his knowledg not customed for II. Stat. 5 R. 2.3 None of the Kings Subjects shall export or import any Merchandize but only in Ships of the Kings allegiance in pain to forfeit all Merchandise otherwise conveyed or the value thereof whereof the finder shall have a third part of the Kings gift III. Stat. 6 R. 2.8 The Statute of 5 R. 2.3 shall onely have place where able and sufficient Ships of the Kings allegiance may be found otherwise the Merchants may hire other Ships the said Statute notwithstanding IV. Stat. 14 R. 2.6 English Merchants shall fraight within the Realm in English Ships and not in ships of strangers so as the owners of such English ships take reasonably for their fraights V. Stat. 4 H. 4.20 Pars indâ— All Merchandize imported and exported shall be charged and discharged in great Sea-Ports and not in creeks and small arrivalls in pain to forfeit to the King all Merchandize otherwise charged or discharged except any Vessell shall be driven into such small Creek by tempest VI. Stat. 15 H. 6.8 None shall ship any Wooll woolfels or other Merchandize pertaining to the Staple but only at the Keys and Ports assigned by the Statute where the Kings Weights and Woolls are set VII Every Master of a Vessel wherein such Merchandize is shipped shall give good security to the Customers there to transport the same to the Staple at Câ—lats and to bring a certificate thereof from thence saving to all Merchants of Jeanâ— Venice Tuscany Lombardy â—lorence and Catalâ—iâ— and to the Burgesses of Barwick their liberty formerly granted by Statute VIII Stat. 4 H. 7.10 No Gascoign or Guien-wine or Tholonse-woad shall be imported into this Realm but in English-vessels in pain to forfeit the same IX None shall fraight in any strangers ship any Merchandize to be imported or exported into or out of this Realm if he may have sufficient fraight in the same Port in a Denizers ship in pain to forfeit all Merchandize otherwise shipped to be divided betwixt the King and the seisor X. This Act shall not extend to any ship having Merchandize forced by tempest into any part within this Realm so as the owner thereof make no sale of such Merchandize within this Realm save only for necessary victual or repairing of the ship and tackle XI Stat. 32 H. 8.14 Gascoigne or Guian Wines or Tholouse-Woad may be imported into this Realm in any other ships as well as English notwithstanding the Statute of 4 H. 7.10 XII Stat. 1 El. 13. The Statute of 5 R. 2.3 and 4 H. 7.10 are made void XIII If any owner of any Merchandize shall in time of Peace embarque or unload any part thereof Mastraff Pitch Tar and Corn only excepted out of or into any other then an English bottom he shall pay custome for the Queen for the same as an alien XIV No English man shall cross the Sea with any Hoys or Plats in pain to forfeit the same to be divided betwixt the King and the prosecutor XV. Provided that Merchants at their several shippings of cloth or â—ooll out of the Thames to be twice in the year at the most may inâ—â—â—que Merchandize in a strangers ship so long as there are not English ships enough and convenient to convey such Merchandize â—â— Flanders Holland Zealand or Brabant without paying any greater custome than English men use to do Also Bristoll men shall do the like by reason of greater losses lately suffered by them XVI Stat. 5 El. 5. Any Subject may export out of this Realm without paying custome for the same But this Act was expired by the Queens death XVII None shall set price make restraint or demand toll of any Sea-fish imported into this Realm by any of the Queens Subjects in pain to forfeit the value of such fish so set price of restrained or tolled XVIII This Act shall not restrain the Inhabitants of Hull to take Toll and Custome according as is limited by the Statute of 33 H. 8.33 which see in Hull 1. Howbeit they shall not take liberty thereby to transport Herring or salt-fish XIX No Purveyor shall take any Sea-fish of any that shall take the same in any Subjects ship in pain to forfeit the double value thereof Howbeit Composition fish of people travelling into Ireland due to the Queen and other persons shall be paid as formerly XX. No Herring shall be bought of a stranger or out of his bottome being not sussicsently salted pickled and casked in pain to forfeit the same or the value thereof except such Vessell be driven in by shipwrack XXI No fish victual wares or things shall be transported in a strangers bottom from one Port to another within this Realm
use confidence or trust of any such person or persons or body politick shall be deemed and adjudged to be in him or them that have such use confidence or trust of any such quality manner form and condition as they had before in or to the use confidence or trust that was in them IX When divers persons are so seised to the use confidence or trust of any of themselves they amongst them that have such use or trust shall likewise have the seisin estate and possession in such quality manner and condition as they had the use or trust X. Howbeit the right title c. of all other except of the persons so seised to any use or trust is saved and all former right title c. is also saved to them XI Where any be seised to any use or intent that another shall have a yearly rent out of the same lands Cestuy que use of the rent shall be deemed in the possession thereof of like estate as he or she had that use and shall distrain for non-payment of the said rent and make Avowries Conusances and Justifications and use all other remedies therein as if the said rent had been actually granted to such Cestuy que use XII Where an estate is made in possession or use to husband and wife and his heirs or the heirs of their two bodies or of one of their bodies or to them for their lives or for the wives life for her Joynture in any of these cases she shall not have dower Howbeit upon a lawful eviction of that Joynture she shall be endowed according to the rate of her husbands land whereof she was dowable XIII Such a Joynture being made after Marriage the wife after her husbands death may refuse it and betake her to her dower unless such Joynture be made by Act of Parliament XIV Provided that this Act shall not extinguish release discharge or suspend any Statute Recognizance or other bond by the execution of any estate setled by force of this Act. XV. All Wills and Testaments heretofore made or hereafter to be made before the first of May 1536. shall be good in law in such manner as they were commonly taken and used within 40 years before the making of this Act. XVI The King shall not take advantage by occasion of the executing of any estate by Authority of this Act before the first of May 1536. viz. by having or demanding any primer seisi◠livery Ouster le main fine for alienation relief or Herriot but after that time fines for alienations reliefs and herriots shall be paid to the King and also liveries and Ouster le mains shall be sued for uses trusts and confidences which shall be from thenceforth made and executed in possession by force of this Act neither shall any other Lord demand or take any fine relief or herriot by occasion of this Statute before the said first of May 1536. XVII This Act shall not be prejudicial to any person or persons born in Wales or the Marches thereof who have any estate to them executed by force of this Act in any lands in this Realm whereof any other person now stands seised to their use but such person or persons born there may lawfully have and keep all such lands by authority of this Act according to the tenor thereof ☞ Usury * I. Stat. 37 H. 8.9 None shall sell his wares or merchandize to any and within three months after buy the same again at a lesser price knowing them to be the same wares or buy any corrupt bargain of wares money or other thing or buy any Mortgage of land and take in gain for giving day of payment more then according to the rate of 10 l. per centum for one whole year in pain to forfeit the treble value of the profits of such lands mortgaged to be divided betwixt the King and the prosecutor and besides shall suffer imprisonment and make fine at the Kings will II. Stat. 13 El. 8. All Bonds Contracts and Assurances upon Usury in lending or doing any thing contrary to the Statute of 37 H. 8.9 shall be void and all Brokers and Soliciters thereof shall be adjudged and used as Counsellors Attorneys or Advocates in any case of Praemunire III. He that takes no more then after the rate of 10 l. per centum or less shall only forfeit the interest to be recovered and imployed as the forfeitures of 37 H. 8.9 IV. Justices of Oyer and Terminer of Assize and of Peace in their Circuits and Sessions and Mayors Sheriffs and Bailiffs of Cities have power to hear and determine all offences committed against 37 H. 8.9 V. The Statute of 37 H. 8.9 shall be construed largely and strongly against the party offending by any way or device directly or indirectly VI. This Act shall not extend to any allowances or payments for the finding of Orphans according to the ancient rates of London or of any other City where order is taken for their custody and goods as in London VII The offender against the Statute of 37 H. 8.9 may also be punished by the Ecclesiastical Laws VIII Stat. 21 Jac. 17. None shall upon any contract directly or indirectly take for the loan of any money or other commodities above the rate of 8 l. per centum for one whole year in pain to forfeit the treble value of the money or other things lent IX No Scrivener Broker or Solicitor shall take or receive directly or indirectly for Brokage above the rate of 5 s. for the loan of 100 l. for one whole year nor above 12 d. for making a Bond in pain to forfeit 20 l. to be divided betwixt the King and the prosecutor and also to to suffer six moneths imprisonment X. Stat. 12 Car. 2. cap. 13. None shall upon a contract directly or indirectly take for the loan of any money wares merchandises or other Commodities above the rate of 6 l. per Cent. for loan of a 100 l. for a year and so proportionably upon pain to forfeit treble the value of the money or other things lent XI No Scrivener Broker or Solicitor shall take or receive for brocage above the rate of 5 s. for the loan of 100 l. for a year nor above 12 d. for making a bond upon pain of forfeiture of 20 l. to be divided between the King and the prosecutor and to suffer half a years imprisonment Wager of Law I. Magna Cart. 28. 9 H. 3. NO Bailiff shall put any man to his open Law or to an oath upon his own bare saying without faithful witnesses brought in for the same II. Stat. 38 E. 3.5 Any man may wage his Law by sufficient people of his condition against Londoners papers and the Creditor shall take surety otherwise if he please but shall not put the party to plead to the Enquest unless he will so do of his own accord III. Stat. 5 H. 4.8 In Actions of debt upon the arrearages of an account feigning to the