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
King nor his Bailiffs shall levie any debt upon lands or rents so long as the debtor hath goods and chattels to satisfie neither shall the pledges be distrained so long as the principal is sufficient but if he fail then shall the pledges answer the debt Howbeit they shall have the debtors lands and rents untill they be satisfied unless he can acquit himself against the pledges II. Magna Charta 18 9 H. 3. The King's debtors dying the King shall be served before the Executor III. West 1.19 3 E. 1. The Sheriff having received the King's debt upon his next account shall discharge the debtor thereof in pain to forfeit three times so much to the debtor and to make fine at the Kings will IV. The Sheriff or his heirs shall answer all moneys that they who he imploys do recive and if any other that is answerable to the Exchequer by his own hands do so he shall render thrice so much to the Plaintiff and make fine as before V. Upon payment of the King's debt the Sheriff shall give a tallie to the debtor and the process or levying the same shall be shewed him upon demand without fee in pain to be grievously punished VI. Artic. super Chartas 12. 28 E. 1. Beasts of the Plough shall not be distrained for the King's debt so long as others may be found upon such pain as is elsewhere ordained by Statute viz. by the Statute De districtione Scaccarii 51 H. 3. which see in Distress VII The great Distresses shall not be taken for his debts nor driven to farre and if the the debtor can find convenient surety the distress shall in the mean time be released and he that doth not otherwise shall be grievously punished VIII Stat. 13 El. 4. All the lands tenements and hereditaments with any Accomptant of the Queen her heirs and successors hath while he remains accomptable shall for the payment of the debts of the Queen her heires and successors be lyable and put in execution in like manner as if such Accomptant had stood bound by writing Obligatorie having the effect of a Statute staple to her Majesty her heirs and successors for payment of the same IX If this super be not paid within six moneths after the accompt past the Queen c. may sell so much of his estate as will answer the debt and the overplus of the sale is to be rendred to the Accomptant or his heirs by the Officer that receives the purchase-money without further warrant X. I such an Accomptant or Debtor purchase lands in others names in trust for his use that being found by Office or inquisition those lands also shall be liable to satisfie the debt in such manner as before is expressed XI Lands purchased by Accomptants since the beginning of the Queen's Reign either in their own names or in the names of others in trust for their use shall be also liable to be sold for the discharge of their debts as aforesaid rendering the overplus to the Accoumptant as before XII Provided that Bishops lands shall be onely chargeable for Subsidie or Tenths as they were before the making of this Act and not otherwise XIII Neither shall this Act extend to charge any Accomptant whose yearly receipt exceeds not 300 l. otherwise then as he was lawfully chargeable before this Act. XIV Neither shall this Act extend to such accomptants as by order of their Offices and charge-immediately after their accompts past are to lay out money again such as are the Treasurers of War Garrisons Navie provision of Victuals or for Fortifications or Buildings and the Master of the Wardrobe unless the Queen c. command present pay XV. Neither doth this Act extend to Sheriffs Escheators or Bailiffs of Liberties concerning whose Accompts the course remains the same that it was before XVI Lands bought of an Accomptant bona fide and without notice of any frandulent intent in the Accomptant shall be discharge And if they be found by Office yet shall they upon traverse be dischared without livery Oustre le main or other suit XVII The Queen c. being satisfied by sale of land the sureties shall be discharged for so much and if any yet remaine unpaid the surities shall pay the residue ratably according to their abilities XVIII Stat. 14 El. 7. The Statute of 13 El. 4. shall also extend to make the lands c. and goods of Under-Collectors substituted by Bishops and sede vacante by Dean and Chapter to collect the Tenths and Subsidies of the Clergie liable to their debts XIX The said Under-Collectors shall accompt in the Exchequer and the Bishop and Dean and Chapter sede vacante shall be discharged of so much as is levied of the Under-Collectors lands c. and goods XX. Stat. 27 El. 3. The Queen c. may make sale of the Accomptants lands c. as well after his death as in his life time and as well where the Accompt is made and the debt known within eight years after his death as where the accompt was made and the debt known in his life-time XXI Provided that after the Accomptants death and before the lands be sold a Scire facias shall be awarded to garnish the heirs to shew cause why lands c. should not be sold c. whereupon if the heir upon such garnishment or two Nichils returned do not prove unto the Court that the Executors or Administrators of the Accomptant have sufficient then 10 moneths after such two Nichils or garnishment returned the lands c. shall be sold and disposed according to the Stat. of 13 Eliz. 4. XXII Nevertheless the heirs sale bona fide upon good consideration before the Scire Facias awarded shall be good to him that is not consenting to defraud the Queen c. XXIII This Statute shall extend to all Officers of Receipts and Accompts to her Majesty and to no other XXIV If the debt grow in the Courts of the Dutchie or Wards a privie Seal shall issue out against the heir to appear at a certain day to shew cause c. when if he appear not upon Affidavit made that it was duly served an Attachment with Proclamation shall issue out against him to be proclaimed in some open Market in the County where he dwels twenty days at least before the retrun thereof whereupon if he appear not the lands c. shall be sold and disposed as aforesaid XXV The heirs lands shall not be sold during his minority but at any time within eight years after his full age they shall be liable as aforesaid XXVI If the Accomptant or Debtor had a Quietus est in his life-time that shall discharge the heir of the debt XXVII Stat. 7 Jac. 15. No debt shall be assigned to the King c. by any debtor or Accomptant other then such debts as did before grow due originally to the Kings Debtor or Accomptant bona fide XXVIII All Grants and Assignments of debts to the King c. contrary
the King and his Council therewith they shall take no fee but of the King nor give councel where he is a party and if they do amiss they shall be at the King's will in body lands and goods IV. Stat. 20 E. 3.2 The like is commanded to the Barrons of the Exchequer and to dispatch businesses depending before them without delay V. Stat. 20 E. 3.3 Justices assigned by Commission and of Assize and Gaol-delivery and their Associates shall make such oath as shall be enjoyned them by the King's Council or the Chancery before their Commissions be delivered unto them VI. Stat. 1 Jac. 10. None shall take any money or promise for the report of an order or cause referred unto them by any of the King's Judges or Court directly or indirectly in pain of 5 l. and to lose his office or place in the same Court VII The forfeiture is to be divided betwixt the King and the party grieved if he will sue for it but if not then betwixt the King and any other prosecutor VIII This Act shall not prohibit the Clark from taking for his pains in writing the Report viz. 12 d. for the first sheet and 2 d. a piece for the rest Justices in Eyre I. Marlb 24 52 H. 3. Justices in Eyre shall not amerce Townships because all of twelve years of age came not before the Sheriffs and Coroners to make inquiry of robberies House-burnings and other offences against the Crown so that a full Inquest of those Towns appear Howbeit upon an Inquest for the death of a man all of 12 years of age ought to appear unless they have some reasonable cause of absence II. West 1. cap. 18. 3 E. 1. The common fine and amerciament of the whole County in Eyre of the Justices for false judgment or other trespass shall hereafter be Assessed by the said Justices upon the oaths of Knights and other honest men and not by Sheriffs and Barretters as in times past hath been used And the said Justices shall cause the parcels thereof to be Estreated into the Exchequer and not the whole summe onely III. West 2. cap. 10. 13 E. 1. Justices in Eyre in their Circuits shall appoint a certain time before which all writs shall be delivered in and then the Sheriff shall certifie the chief Justice in Eyre how many writs he hath and what they concern after which time they shall not be received or if received shall have no force except writs that abate during the Circuit which may be amended also except writs of Dower of men dying within the summons of the circuit Assizes of Darrein presentment and Quare impedit of Churches vacant within the said summons and of Novel disseisin ☞ Justices of Assize I. Stat. Justic Assisarum Incerti temporis There shall be eight circumspect and discreet Justices Assigned to take Assizes Juries and Certificates throughout the Realm viz. Two in the Counties of York Northumberland Westmerland Cumberland Lancashire Nottingham and Darby Two in the Counties of Lincoln Leicester Warwick Stafford Salop Northampton Rutland Glocester Hereford and Wigorn Two in the Counties of Cornwal Devon Somerset Dorset Wiltshire Southampton Oxon Berk Sussex and Surrey And two in the Counties of Kent Essex Suffolk Norfolk Cambridge Huntingdon Bedford and Buckingham II. Assizes Juries and Inquests of Middlesex shall be taken before the Justices of the Bench. III. The said eight Justices so Assigned shall daily attend for that purpose at such places as they shall think fit and most for the ease of the people and writs of Assizes Juries or Recognizances shall be granted to be taken before none but them save of the special grace of the King IV. Stat. 20 E. 3.6 Justices of Assize have power to inquire of the misdemeanours of Sheriffs Escheators Bailiffs and other Ministers Imbraceors and Jurors and to punish such as be found guilty And the Chancellor and Treasurer are to hear all complaints thereof and to apply speedy remedy thereunto V. Stat. 6 R. 2.5 Justices of Assize and Gaol-delivery shall hold their Sessions in the chief Towns of every County where the Shire-Courts there use to be holden VI. Stat. 8 R. 2.2 No man of Law shall be Justice of Assize or Gaol-delivery in his own Country and the chief Justice of the Common Bench shall be Assigned amongst others to take Assizes and to deliver Gaols but as to the chief Justice of the King's Bench it shall be as for the most part of 100 years last past hath been wont to be done VII Stat. 11 R. 2.11 Because it was found inconvenient to the subject that Justices of Assize should be bound to hold their Sessions where the Shire-Courts use to be held the Chancellor by the advice of the Justices shall have power to order that otherwise as need shall be notwithstanding the Statute of 6 R. 2.5 VIII Stat. 20 R. 2.3 No Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices are there commanded not to suffer it IX Stat. 11 H. 4.3 Justices of Assize shall deliver into the Treasury the Records of Assizes of Novel desseisin Mortdancester and Certifications every second year after the plea determined and judgment given and those Records shall not be amended or impaired after judgment given and recorded X. Stat. 14 H. 6.3 The Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of peace and truce in the City of Carlile and not elsewhere according to the Statute of 6 R. 2.5 XI Stat. 33 H. 8.24 No Justice or other learned in the Law shall be Justice of Assize in the County where he was born or doth inhabit in pain of 100 l. to be divided betwixt the King and the prosecutor XII This Statute shall not extend to the Clark of Assize or to any Associate or to any such Justice of Assize XIII Neither shall these words Justices of Assize or others learned in the Law extend to Officers in Corporations but that they may be Justices of Assize of fresh force or other Assizes in the place where they dwell or were born XIV This Act shall not be prejudicial to any Justice of the one Bench or the other for hearing and determining Assizes in those Courts nor to any Justice that shall take any Assize by adjournment for difficulty thereof XV. The Clark of Assize shall not during the Sessions be of Council to any within the Circuit otherwise then as to his Office appertains in pain of 10 l. to be divided betwixt the King and the party grieved XVI This Act shall not extend to Justices Clarks nor Clarks of Assize within the Dutchy and County Palatine of Lancaster Justices of both Benches I. West 1. cap. 45. 3 E. 1. One plea shall be decided by the Justices of the King's Bench before another be commenced yet Essoins shall be entred and allowed but let none presume to absent himself at the
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
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
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
Stat. 18 El. Two Acts were made but not printed the one for the Hospital of S. Cross near Winchester and the other for one at Leicester VI. Stat. 27 El. Also two Acts not printed the one for the Hospital of Christ at Sherbourn in Bishoprick and the other for that of Eastbridge in Canterbury VII Stat. 39 El. 5. It shall be lawful for any person within 20 years next insuing by deed inrolled in Chancery to erect and found an Hospital or house of correction to have the same continue for ever and for him his heirs and assignes to place such head and members and such number of poor as they please which said Hospital or house so founded shall be incorporated and have perpetual succession for ever which Corporation shall have power to purchase goods and Chattels also lands not exceeeding the value of 200 l. per annum nor held by Knight service or in chief of the Queen and all this without licence or the writ of ad quod damnum the Statute of Mortmain or of any other to the contrary VIII They shall also have power to sue and be sued in all Courts and to have such a common seal or seals as the Founder his heirs or assigns shall appoint by which they may seal all Instruments which concern the said Corporations IX They shall also be visited and ordered by such person or persons as the said Founders their heirs or assigns shall nominate according to the Statutes of the Foundation being not repugnant to the Laws and Statutes of this Realm Howbeit the Founder his heirs and assigns upon the death or removal of any head or member shall have power to place another in their stead X. Provided that all leases and estates made by any such Corporation for above 21 years and that in possession and whereupon the accustomed yearly rent for the greater part of 20 years before shall not be reserved and yearly payable shall be void XI The right of all persons save of the Founders their heirs and successors is saved XII This act shall not inable Infants Femes covert without their husbands or persons not of sane memory to make such Corporations or to endow the same XIII No such Corporation shall be made unless the same be upon the foundation thereof endowed with lands of the clear yearly value of 10 l. per annum XIV Provided that the Corporations aforesaid shall not by force of this Act do or suffer to be done any thing in prejudice thereof but such construction shall be made thereof as shall be most beneficial for the maintenance of the poor and for avoiding of all divices which may be invented or put in ure contrary to the true meaning thereof XV. Stat. 39 El. 6. Commissions may be awarded to certain persons to inquire of lands or goods given to Hospitals or other charitable uses mis-imployed and to reform them But this Act was afterwards repealed by 43 Eliz. 4. saving for the execution of orders and decrees before made by Commissioners according to the Statute XVI Stat. 43 El. 4. It shall be lawful for the Lord Chancellor or Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that precinct to award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other persons of good behaviour authorizing four or more of them to inquire as well by the oaths of twelve or more lawful men as otherwise of all grants gifts assignments limitations and appointments and of all abuses and mis-imployments of all lands tenements and hereditaments and of all goods and chattells given limited or appointed to charitable uses XVII The Commissioners having called the parties interessed made inquiry by the oathes of such 12 men or more unto whom lawfull challenge may be made by the parties so interessed and set down such orders and decrees therein that the things so given to charitable uses may be faithfully imployed the orders and decrees so made being not repugnant to the Statutes of the Founders or Donors shall stand firm and be executed accordingly until they shall be altered by the Chancellor Keeper or Chancellor of the said Dutchey respectively upon complaint made to them thereof by the party grieved XVIII This Act shall not extend to any thing given to any Hall or Colledg in the Universities or to the Colledges of Westminster Eaton or Winchester or to any Cathedrall Church or to any City or Town Corporate or to any lands or tenements given to the uses aforesaid in any such City or Town where there is a special Governour or Governours to govern things disposed to such uses or to any Colledg Hospital or Free-School having special Visitors or Governours appointed by the Founders XIX This Act shall not be prejudicial to the Ordinary or his jurisdiction XX. None having the thing in question or pretending title thereunto shall be either Commissioner or Juror XXI This Act shall not impeach any purchaser bonâ fide of things given to charitable uses not having notice thereof Howbeit in that case the party or parties who have broken their trust in selling the same their heirs executors and administrators shall make satisfaction by the Decree of the said Commissioners if they have left assets or so far as the assets so left shall extend XXII The Commissioners shall not meddle with any lands conveyed or come to the hands of H. 8. E. 6. Qu. M. or Qu. El. unless the grant to charitable uses were made since the beginning of Queen Elizabeth's reign XXIII The Orders Judgments and Decrees shall be certified into the Chancery or Dutchy Court as the case shall require under the Commissioners Seals within such time as shall be limited in their Commissions And the said Lord Chancellor Keeper or Chancellor of the Dutchy respectively shall take such order for the due execution of the said Decrees as to them shall seem fit XXIV If the party against whom the Decree is past conceive himself injured thereby upon complaint thereof to the said Chancellor Keeper or Chancellor of the Dutchy respectively he shall have redress if there be cause but if not they shall award good costs against him for complaining without cause Hounslo-Heath I. Stat. 37 H. 8.2 Hounslo-Heath in Com. Midd. which contains 4293 acres and one rood of ground extendeth into several Parishes so much thereof as is the King's inheritance and is meet for tillage pasture meadow or other several ground shall be of the nature and condition of Copy-hold land or the same may be let by the Steward of the Mannor at will or for 21 years which lessee shall and may improve it Hull I. Stat. 33 H. 8.33 The Statute of 27 H 8.3 which was made for the taking away of certain customs that the Mayor and Commonalty of Hull took for fish is repealed but by this they may take of every person priviledged for a last of hering 20 d. for
Coroner shall do his office and inrol it And what cannot be determined by the Steward before the Kings departure shall be remitted to the Common Law so that Exigents Outlawries and Presentments shall be made thereupon in Eyre by the Coroner of the County as in case of other Felonies done out of the Verge â— Howbeit they shall not omit by reason hereof to make attachments freshly upon the Felonies done IV. Stat. 5. E. 3.2 Pars inde and 10 E. 3. Stat. 2.2 Inquests before the Steward and Marshal of the Kings house shall be taken by men of the Countrey thereabouts and not by men of the Kings house except it be contracts covenants or trespasses when both parties are of the same house and in the house V. Stat. 9. R. 2.5 Priests and others of the Holy Church taken in the Marshalsey shall pay such fees as Lay-people pay and no more VI. Stat. 13. R. 2. Stat. 1.3 The jurisdiction of the Steward and Marshal of the Kings house shall extend no further then 12 miles from the Kings lodging VII Stat. 4. H. 2.23 The fees of the Marshal of the Kings house shall be as in times past and no more viz. for him that cometh in by Capias 4 d. and if he be bailed 3 d. more of the defendant in trespass that findeth bail to answer the suit 2 d. for every commitment by judgment 4 d. oâ— every one delivered of Felony and of a Felon bailed by the Court 4 d. And if the Marshal or his Officers take more they shall lose their Offices and pay treble damages to the party grieved and that the party grieved have his suit before the Steward of the same Court VIII Here a server of bills shall take no more then 1 d. for every mile distant from the Court to the place where he doth his office but when he serves a vâ—nire facias or a distringas he shall have the double If such an Officer takes more he shall be imprisoned make a Fine to the King at the discretion of the Steward and be from thenceforth fore-judged the Court. IX Stat. 15. H. 6.1 In a suit commenced before the Steward and Marshal of the Kings house the defendant shall not be estopped to plead that the Plaintiff or he are not of the Kings house but his averment thereof shall be received notwithstanding any record of the same Court to be produced to the contrary Marshes Fens c. I. Stat. 4. Jac. 8. An Act for winning from Inundation the drowned grounds and Marshes of Lesnes and Fants in Kent by the 10. of October 1609. See the Statute II. Stat. 4. Jac. 13. Another for draining the Fens and low grounds in the Isle of Ely containing about 6000. Acres compassed about with banks called the Ring of Waldersey and Coldham See also the Statute III. Stat. 7. Jac. 20. A mean to recover a great quantity of ground lately surrounded in Norfolk and Suffolk by the Sea and to prevent the like for the future See the Statute IV. Stat. 15. Car. 2. cap. 17. An Act for setling the draining the great level of the Fens called Bedford Level See the Act at large V. Stat. 16. 17. Car. 2. cap. 11. An Act for draining of the Fen called Deeping Fen and other Fens therein mentioned See the Act at large Masons I. Stat. 3. H. 6.1 It shall be felony to plot confederacies amongst Masons and such as assemble upon such confederacies shall suffer Imprisonment and make fine and ransome at the Kings will ☞ Matrimony and Marriage I. Stat. 32. H. 8.38 Pars inde All Marriages shall be adjudged lawful that are not prohibited by Gods Law II. Stat. 23. E. 6.21 All Laws Canons Constitutions and Ordinances which prohibit marriage to spiritual persons who by Gods Law may marry and all pain and forfeitures therein contained shall be void III. Provided that this Act shall not give liberty to marry without asking in the Church and other Ceremonies appointed by the Book of Common Prayer IV. Degrees and divorces heretofore made are saved V. Stat. 5. E. 6.12 The Marriage of Priests and other spiritual persons shall be lawful and their Children legitimate and inheritable likewise they to be tenants by the Curtesy and their Wives nowable VI. Stat. 1. Jac. 11. A Bigamus shall suffer death as a felon unless he or she have had no notice that the husband or wife was living within seven years before or the marriage be severed by divorce VII This felony shall cause no corruption of blood or loss of dower or inheritance VIII Stat. 12. Car. 2. ca. 33. All Marriages had and solemnized in any of the Kings Dominions since the 1. of May 1642. before any Justice of Peace of England or other his Dominions and so pronounced and declared or had and solemnized according to Act or Ordinance of Parliament or any Convention having that style shall be adjudged good and valid in Law as if the same had been solemnized according to the Rites and Ceremonies of the Church of England Mesne I. Stat. Westm 2.9 13. E. 1. The tenant distrained by the Chief Lord may have a writ of Mesne in the County where he is distreined against the Mesne who having land in that County and not appearing till the Grand distress day shall be given in the Grand distress so as two Counties may be holden before the return wherein the Sheriff shall proclaim that he come to answer the tenant at the day at which day if he come not he loseth his service and then the tenant shall answer to the Chief Lord such services as he ought to have done to the Mesne II. The Chief Lord shall not distrein the tenant so long as he offers him the services due and if the Lord exact more then the Mesne ought to do the tenant may have such remedy as the Mesne might have had III. Upon a return that the Mesne hath nothing to be summoned by an attachment shall go out and then upon a Nihil returned the Gâ—aâ—d distress with Proclamation as before IV. The Mesne having no lâ—nd in that County but in another upon such a return by the Sheriff the party shall have a Writ judicial to summon the Mesne in that County where it is testified that he hath lands and both there and in the other County shall proceed to the Grand distress Proclamation and Judgment as before V. The Mesne comming into the Court and acknowledging or being adjudged to acquit the Tenant and not doing it the Tenant shall thereupon have a judicial writ of acquittal whereupon if the Mesne come in and the Tenant can aver that a Mesne hath not acquitted him he shall be satisfied his damages be quit of the Mesne and hold of the chief Lord And here also if the Mesne come not at the first distress then another distress shall go out Proclamation shall be made and Judgment had as before VI. This Statute extendeth only where there is but one Mesne
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-â—elivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrahâ—m Baker for making of Smalt nor to that of Edward Lord Dudlâ—y for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H iâ—s of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester ☞ Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
the person die in a place where he or she dwelleth not their Mortuary shall be paid in the place where they had their most abode III. This Act shall not abridge spiritual persons to receive Lâ—gacies bequeathed unto them or to the Kings Altar IV. No Mortuaries shall be paid in Wales Calais or Bâ—wick or in any of their Marches save only in Wales and the Marches thereof where they have been accustomed to be paid and such as are there paid shall be regulated according to the Order prescribed by this Act. V. The Bishops of Bangor Lâ—ndaff S. Davids and S. Asaph and the Arch-Deacon of Chester shall take Mortuaries of the Priests within their jurisdiction as hath been accustomed notwithstanding this Act. VI. Less Mortuaries already setled by Custom shall not be increased by this Act and there also persons exempted by this Act shall not hereafter be chargeable ☞ Murder and Manslaughter I. Marlb 25. 52 H. 3. Murder shall not be adjudged where it is found misfortune only but where the party is slain by felony and not otherwise II. Stat. 3. H. 7.1 Pars inde Every Coroner upon view of the dead body shall inquire of the person that hath done the death or murder also of their abettors and consenters and who were present when it was done and the names of the persons so present and found shall inroll and certifie III. Here the offender and his accessaries being indicted shall be also arraigned at any time within the year at the Kings suit and the proceeding thereof shall not tarry for any appeal to be prosecuted within the year as hath been heretofore used IV. Albeit the principal or accessary be acquit within the year and day yet shall not the Justices suffer them to go at large but either remand them to prison or let them be bailed until the year and day be cut And whether they be attainted or acquit yet the wife or next heir of the slain may within the year and day the benefit of Clergy being not before had prosecute their appeal against them any such attainder or acquital notwithstanding V. The wife or heir may commence their appeal in proper person at any time within the year before the Sheriff and Coroners of the County where the offence was done or before the Justices of the Kings Bench or Goal-delivery And in any such case save only where Battel lieth the Appellant after the suit so commenced may appoint an Attorney to prosecute it VI. When one is slain in the day time and the murderer escapes untaken the Township that suffers it shall be amerced and the Coroner shall inquire thereof upon the view of the body dead ☞ VII Also Justices of Peace have power to inquire of Escapes and to certifie them into the Kings Bench And after the Felonies found the Coroners shall deliver their inquisitions before the Justices of the next Goal-delivery there who shall proceed against the murderers or else certifie such Inquisitions into the Kings Bench. VIII A Coroner shall not be remiss but duly execute his office according to Law in pain of 5 l. and shall have for his fee upon view of the body 13 s. 4 d. of the goods of the murtherer if he have any if not then out of such amerciaments as shall be set upon the Town-ship that suffered the murtherer to escape Musters vid. Captains and Souldiers I. Stat. 4. 5 P. M. 3. If any who shall be commanded to muster by any authorized thereunto doth absent himself having no lawful excuse or at such musters doth not bring with him his best Arms he shall suffer ten dayes imprisonment without bail to be imposed by the persons so authorized unless he will agree to pay 40 l. for a fine to the use of the King and Queen and the heirs and successors of the Queen which fine shall be estreated into the Exchequer by the said persons so authorized under their seals within 2 months after such agreement and afterward levied as fines assessed by Justices of Assize and Goal-delivery in their Circuits II. If any person authorized to muster or levy Souldiers shall exact or take any reward to discharge or spare any from the said service he shall forfeit ten times so much as he shall so exact or take III. A Captain or other Officer which after he shall have for a reward licenced a Souldier to depart doth not pay him his wages and coat and conduct money shall forfeit ten times so much as he shall so take and to the Souldier three times so much as he should have paid him IV. The one moity of the abovesaid forfeitures except that limited to the Souldier is given to the King and Queen and the other to the prosecutor ☞ V. Justices of Assize Justices of Peace and Stewards in Leets have power to hear and determine these offences and the Justices of Assize or Peace upon conviction of the offender may commit him to prison without bail until he hath satisfied the abovesaid penalties to the King Queen and prosecutor or where there is no prosecutor to the King and Queen alone VI. Offences committed during the time of service shall be heard and determined by the Chief Commander VII This Act shall not discharge service of war incident to the tenure of land VIII The offender of this Act shall not be twice punished for the same offence IX None shall under colour of service of war incident to the 〈◊〉 of land exact any other thing then what shall be imployed in present service and shall be restored again to the owner when the service is done at least so much thereof as shall not be spent or lost in the Service X. Inhabitants within Cities Burroughs and Corporations shall be mustered at home by the head-Officer and one other at least to be joyned with him by Commission or otherwise Newcastle upon Tine I. Stat. 9.5 H. 10. ALL Keels in the Port of Newcastle shall be measured by Commissioners thereto assigned by the King and marked of what Portage they are before any carriage of Coals be made by them in pain to forfeit them to the King II. Stat. 21. H. 8.18 No person shall ship load or unload any goods to be sold into or from any Ship at any place between the River of Tinâ— between the places called Sparhawk and Headwin-streams but only at the Town of Newcastle in pain to forfeit such goods which the Major Burgesses and Commonalty there shall have power to seize for the Kings use III. None shall raise or levy any Ware gore or engine in the Haven there betwixt the places aforesaid in pain of 100 l. to be divided betwixt the King and the prosecutor And the Major c. have power to take away all such Weers c. which shall be found betwixt the said places IV. This Act shall not extend to the buying shipping loading or unloading of salt or fish nor to the buying or selling of any Wares or Merchandize needful
any of them or in their default a Justice of Peace have power to assess and levy by distress sale and commitment as aforesaid XVI Justices of Peace shall then likewise rate every Parish towards the relief of the Kings Bench and Marshalsey and also of Hospitals and Alms-houses scituate within their several jurisdictions appointing onely so much to the said Hospitals and Alms-houses that the Kings Bench and Marshalsey may each of them receive at least 20 s. yearly out of every County And the sums thus to be assessed upon every Parish the Churchwardens there shall collect and levy as before and pay them over quarterly to the High Constable of that respective division ten dayes before every Quarter-Sessions and the High Constables shall every Quarter Sessions pay the same over to the two Treasurers of the County or one of them to be yearly chosen by the more part of the Justices of Peace out of such Subsidy-men as were taxed in the last tax of Subsidies at 5 l. lands or 10 l. goods Which Treasurers so chosen shall yearly at Easter-Sessions render a true accompt to their successors and pay the moneys in their hands to the Lord chief Justice of the Kings Bench and the Knight-Marshall by equall portions And here the Church-warden or his Executors c. which fails in payment to the High-Constable shall forfeit 10 s. and he High-Constable or his Executors c. which fails in payment to the Treasurers shall forfeit 20 s. to be levied and imployed by the said Treasurers as aforesaid XVII The Stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVIII The Treasurer that refuseth to execute his Office to distribute relief or to accompt as the most part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assize three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorised by the rest XIX A provision for the Islands of Fowlnesse in Essex XX. Upon an Action brought for the due execution of this Act the Defendant may plead the general issue and yet give special matter in evidence and shall also recover treble damages and his costs of suit XXI Stat. 7. Jac. 3. Money given to put out poor children Apprentices shall be imployed in Corporate Towns by the Corporations and in other places by the Parson or Vicar together with the Constables Churchwardens and Overseers of the poor or the most part of them who shall not forbear or refuse to imploy the same accordingly in pain to forfeit five Marks each of them so making default to be divided betwixt the poor of the Parish and the prosecutor XXII The party taking money with such an Apprentice shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation or within three moneths next after the end of the said seven years and if such Apprentice shall die within the seven years then within one year after his or her death And if the Master Mistris or Dame happen to die within the seven years then within one year after their death so as the money may be employed in placing the Apprentice with some other of the same Trade to serve out his time at the discretion of the parties trusted as aforesaid XXIII The money so given shall be employed within three moneths after the receipt thereof and if there shall not be apt persons found in the places where it is given to be Apprentices it shall be employed in the Parishes next adjoyning by the parties that are trusted with it in the places where it was so given and there also Bond shall be taken as before is declared XXIV The choice of Apprentices shall be out of the poorest sort of children whose Parents are the least able to relieve them and no such Apprentice shall be above the age of 15 years when he or she is first bound XXV The parties so trusted shall yearly in Easter-week or within one moneth after account before two or more of the next Justices of Peace And if there be any Obligations or money remaining in their hands they shall upon such account or within ten dayes after deliver the same unto their successors XXVI If any Officer so trusted shall break the trust reposed in him mis-imploy the said money or do any thing contrary to this Act for which he cannot be punished by this Act the Lord Chancellor or Keeper shall upon the Petition of any person award a Commission to such as he shall think fit to enquire hear and determine such offences and if the Commissioners shall find money so misimployed they shall in places not Corporate have power to rate raise and collect it upon the parties so offending or otherwise upon the able Inhabitants of the City Town or Parish so in default as the said Commissioners or the greatest part of them shall think fit and shall return the said Commission together with the manner of executing the same into the Chancery within three moneths next after such execution thereof XXVII Stat. 1 Jac. 25. All persons to whom the Overseers of the poor shall according to the Statute of 43 El. 2. bind any poor children Apprentices may take receive and keep them as Apprentices See also the same continued and confirmed by 21 Jac. 28. and 3 Car. 4. XXVIII Stat. 3 Car. 4. The aforesaid Statute of 1 Jac. 25. is again continued and confirmed XXIX The Churchwardens and Overseers of the poor mentioned in the Statute of 43 El. 2. may with the consent of two or more Justices of the Peace one of the Quorum within their respective limits wherein there shall be more Justices of Peace then one and where no more shall be then one with the assent of that one Justice set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the poor of the Parish or place where they so bear office respectively XXX Stat. For Relief of poor Souldiers See Title Captains and Souldiers Numb LXVII XXXI Stat. 14 Car. 2. cap. 12. Upon complaint made by the Church-wardens or Overseers of the poor of any parish to any Justice of the Peace within 40 dayes after any persons coming to settle in any Tenement under the yearly value of 10 l. Any two Justices of the Peace whereof one of the Quorum may by Warrant remove such persons to such Parish where they were last setled either as a Native Housholder Sojourner Apprentice or Servant for the space of 40 dayes unless they give security to discharge the Parish to be allowed by the said Justices Provided persons grieved may appeal to the next Quarter-Sessions XXXII Provided all persons may go from place to place to work in Harvest carrying with them Certificates from the Minister one
Church-warden and one of the Overseers of the poor of the place where they inhabite and such working in Harvest or falling sick shall not be accounted a settlement and if such persons refuse to go and shall not remain in the Parish where they ought to be setled any two Justices of the Peace where the offence is committed may send them to the house of Correction as Vagabonds or to the publick Work-house there to labour XXXIII There shall be one or more Corporations in London and Westminster the Counties of Middlesex and Survey lying within the Parishes in the Weekly Bills of Mortality consisting of a President Deputy-President and Treasurer And the Lord Mayor President and Aldermen to be Assistants of the Corporation or Work-Houses of London and 52 Citizens to be chosen by the Common-council of the said City who may elect a Deputy-President and Treasurer and other Officers for execution of this Act. XXXIV A President and Deputy-President and Treasurer and Assistants for the City of Westminster to be chosen by the Lord-Chancellor or Lord-Keeper XXXV If Justices of the Peace of Middlesex and Surrey respectively in their Quarter-Sessions may chuse Presidents Deputy-Presidents Treasurer and Assistants for their respective Corporations and Work-houses And the Officers to give accounts in writing at every Quarter-Sessions XXXVI The said respective Presidents c. Incorporated and may sue plead or be sued by the name of President and Governort for the poor of the said respective places and every of the said Corporations may purchase or have Lands not exceeding the value of 3000 l. per annum without Licence XXXVII The said respective Corporations or any 7 of them have power to meet and keep Courts for the purposes in this Act expressed at such time and place as the President his Deputy or the Treasurer shall appoint who are to warn a Court at the desire of any four of the said Corporation and have power to appoint a common Seal for the use of the said Corporation XXXVIII The respective Presidents and Governors of the said Corporations or two of them or any person appointed may apprehend Rogues Vagrants sturdy beggars or idle and disorderly persons within their respective limits and places and cause them to be set and kept to work and the Justices of the Peace in their Quarter-Sessions may signify the names of such Rogues Vagrants c. to the Kings Privy Council as they shall think fit to be transported to English Plantations upon approbation of which to the said Justices signified any 2 of the said Justices may cause them to be transported from time to time during the space of three years next ensuing the end of this present Session of Parliament to any English Plantation beyond Sea there to be disposed as servants for a term not exceeding 7 years XXXIX Upon certificate from the respective Corporations of want of stock to the City of London The Common-council of the said City and respective Justices at the Sessions may ascertain a sum not exceeding a rate of one years proportion to the poor And thereupon the Aldermen Deputies and Common-council-men of every Ward in London and the Burgesses and Justices of the Peace in VVestminster and Justices of the Peace in Middlesex and Surrey shall equally rate the Inhabitants at and upon complaint by any person of being unequally rated he may be relieved at the next Quarter-Sessions XL. Any Alderman of London or his Deputy or the Burgesses and Justices of the Peace of the City of Westminster and Liberties thereof or any two Justices of Peace of Middlesex and Surrey by Warrant under their hands and Seals may authorize the Church-wardens or Overseers for the poor to demand and gather the several sums assessed And for default of payment within 10 dayes after demand or notice left in writing at the dwelling house or lodging of the persons assessed to levy the same by Distress and Sale of their goods restoring the over-plus to the party distreined XLI All stocks formerly raised for the poor and in the hands of a Corporation for the poor in London shall be paid to the Treasurers of the said Corporation made by this Act and all that have any stocks or Lands in their hands for that purpose shall be accountable to the said Treasurers or such as shall be appointed by them or any 7 of them Provided all just expences be allowed them XLII The respective Presidents and Governors or 7 of them may make Orders and By-Laws for releiving regulating and setting the poor to work apprehending and punishing Rogues and Vagabonds within their several limits Provided the said By-Laws be presented to and confirmed by the Justices of the Peace at their Quarter-Sessions XLIII The President and Governors or any 14 of them may choose and entertain Officers and others needful to be imployed abouâ— the stock or revenue belonging to the Corporation And all Sheriffs and Officers to be aiding to them in the execution of the powers by this Act. XLIV Two Justices of the Peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the Parish and if for want of holding Leets they continue above the year they may be discharged at the Sessions and others put in XLV Every Justice of Peace may reward any persons that apprehend and bring before them any Rogue Vagabond or sturdy Beggar by granting an Order or Warrant under his hand and Seal to the Constable of the Parish which such Rogue c. passed through unapprehended for payment of 2 s. for every Rogue so apprehended and upon default of payment to proceed against such defaulter according to the Statute 1 Jac. cap. 7. and to allow out of the said Forfeiture the said 2 s. and allowance for loss of time as they shall think fit XLVI If any person shall apprehend a Rogue Vagabond or sturdy Beggar at the confines of any County which passed through another County unapprehended he may go to some Justice of the Peace of the County through which such Rogue or Vagabond passed unapprehended who upon certificate under the hand of some Justice of the Peace of the County where such Rogue was apprehended shall grant his order or warrant under his hand and seal to the Constable to pay unto such persons 2 s. and what he thinks fit for expences and loss of time and upon refusal to proceed against such Constable for the forfeitures by the Statute of 39 El. cap. 4. XLVII Constables Headboroughs and Tythingmen out of purse with the Church-wardens and Overseers of the poor and other Inhabitants of the Parish may make rates upon all occupiers of lands and Inhabitants and all others chargable by the Statute 42 El. to the Poor which being confirmed under the hands and seals of two Justices of the Peace may be levyed by their warrant by distress and sale of the refusers goods XLVIII Putative fathers of Bastard children leaving their children upon