of the Perjury by all the Lords in the Star-Chamber and it was Resolved by all That it was by the Common-Law punishable before any Statute Hayes Case in Cur-Wardorum By Inquisition in the County of Middlesex Anno 6 Jac. by vertue of a diem clausit extremum after the death of Humphry Willward it was found that the said Humphry died seized of a Messuage and 26 Acres of Land in Stepney and that John Willward was his Heir being 14 years and 9 days old and that the Land was held of the King in capite by Knights Service John Willward died within age and by Inquisition in Middlesex 8 Jun. Anno Jac. by vertue of a Writ of Deveneront after the said John's death it was found that John dyed seized in Ward to the King and that the said Messuage and Lands at the time of the said John's death were holden of the Dean of Pauls as of his Mannor of Shadwel All the mean Rates incurred in John's life-time are paid to the King 1. The Questions are 1. Whether by John's death and finding of the mean Tenure in the Deveneront the fiâ—st Office granted to Points be determined 2. Whether the Tenure found by the first Office may be traversed And as to these Questions it was Resolved by the two Chief Justices and chief Baron That where the said John dyed the Office found by force of the Diem clausit extremum after Humphries death whereby the King was entituled to the Guardianship of John hath taken its effect and is executed and does remain as Evidence for the King after Johns death but yet is not traversable for it is traversable during the time it remains in force onely and the Jurors upon the Deveneront after the death of the said John are at liberty to find the certainty of the Tenure and they are not concluded by the first Inquisition and with this agrees 1 H. 4. 68. And this appears by the diversity between the Writ of Diem clausit extremum and the Deveneront which is but in one Point to wit the Diem clausit extremum is general And the Deveneront is not general but does restrain onely the Lands and Tenements quod deveneront c. And thus it was Resolved nono Jacobi in the Court of Wards in the Case of Dune Lewis Award of Capias Uâ—lagatum by Justices of the Peace In this same Term the Opinion of all the Court of Common-Pleus was That if one be out-lawed before Justices of Assize or Justices of Peace upon an Indictment of Felony that they may award a Capias Utlagatum and so was the Opinion of Pâ—riam Chief Baron and all the Court of Exchequer as to Justices of Peace for they that have power to award process of Outlawry have also power to award a Capias utlagatum See 34 H. 8. c. 14. See Lamb. Justice of Peace fol. 503. contra But see 1 Ed. 6. cap. 1. Justices of Peace in case of Profanation of the Sacrament shall award a Capias Utlagatum throughout all England Hersey's Case Star-Chamber John Hersey Gent exhibited his Bill in the Star-chamber against Anthony Barker Knight Thomas Barker Councellor at Law Robert Wright Doctor of Divinity Ravenscroft Clerk and John Hai is and thereby charged the Defendants with forging the Will of one Margery Pain and the Cause came to Hearing ad requisitionem defendentium and upon hearing the Plaintiffs Councel there appeared no Presumption against any of the Defendants but that the Testament was duly proved in the Ecclesiastical Court and upon an Appeal was also affirmed before Commissioners Delegates and Decreed also in Chancery So that it appeared to the Court that the said Bill was preferred of meer malice to slander the Defendants Now because the Defendants had no Remedy at Law for the said Slander and if it should pass unpunished it may encourage men It was Resolved by the Court That by the course of the Court and according to former Presidents the Court may give Damages to the Defendants and so it was done viz. 200 l. to the Doctor of Divinity 200 Marks to the Knight 40 l. to the Clerk 120 l. to the Woman And it was said that Creare ex ihilo quando bonum est est divinum sed creare aliquid ex nihilo quando est malum est diabolicum et plus Maledicite nocâ—nt quam Benedicite docent Hill 2 Jac. Regis Theodore Tomlinson brought an Action of account for Goods against one Philips in the Common Pleas and thereupon Philips sued Tomlinson in the Admiralty supposing the Goods to have been received in Forraign Parts beyond Sea and Tomlinson being committed for refusing to answer upon his Oath to some Interrogatories brought his Habeas Corpus Upon which it was resolved by the Court of Common plea in thrâ—e Points viz. 1. That the Court of Admiralty hath no Cognizance of things done beyond Sea and this appears plainly by the Statute 13 R. 2. cap. 5. and the 19 H 6. fol. 7. 2. That the Proceedings in the Court of Admiralty are according to the Civil Law and therefore the Court is not of Record and so cannot assess a Fine as the Judges of a Court of Record may 3. It doth appear that the Interrogatories were of such things as were within their Jurisdiction and the Parry ought by Law to answer This Case was intended by my Lord Coke to be inserted into his 7th Report but that the King commanded it should not be Printed but the Judges resolved ut supra Corven's Case Right to Sâ—ats in the Church Corven did Libel against Pym for a Seat in a Church in Dâ—vonshire And Pym by Sergeant Hutton moved for a Prohibition upon this Reason that himself is seized of a House in the said Parish and that he and all whose Estates he hath in the House have had a Seat in an Isle of the Church And it was Resolved by the Court that if a Lord of a Mannor or other Person who hath his House and Land in the Parish time out of mind and had a Seat in an Isle of the same Church so that the Isle is proper to his Family and have maintained it at their Charges that if the Bishop would dispossess him he shall have a Prohibition But for a Seat in the Body of the Church iâ— a Question ariseth it is to be decided by the Ordinary because the Freehold is to the Parson and is common to all the Inhabitants And it is to be presumed that the Ordinary who hath Cure of Soules will take Order in such Cases according to right and conveniency and with this agrees 8 H. 7. 12. And the Chief Justice Dame Wick her Case 9 H. 4. 14. which was The Lady brought a Bill in the Kings-Bench against a Parson Quare Tunicam unam vocatam A Coat Armor and Pennons with her Husband Sir Hugh Wick his Arms and a Sword in a Chappel where he was buried and the Parson claimed them as Oblations And it is there
Justices That forasmuch as no Corruption and Circumvention was proved in any of the Parties of which they may be Indicted at the Suit of the King or punished in this Court that the Fine shall stand And it was not apparent to the Commissioners he was within Age seeing he wanted but six Weeks but if they had known it it had been a Misdemeanour in them And for this in this Court Mich. 24. 25 Elliz. 15. Between William Cavendish and Anne his Wife one of the Co-Heirs of Henry Knightly against Robert Worsley and Katharine another Co-Heir and Trafford and others Defendants The Case was That Robert Worsely and Katharine his Wife being within Age acknowledged a Note of a Fine before Trafford and another of the Defendants by Dedimus Potestatem And by the Decree the Commissioners knew Katharine was within Age and therefore every one of them was Fined but the Fine stands Mich. 38 and 39 Eliz. In this Court one Alexander Gilderbrand seized of Lands in Windham in the County of Norfolk in Fee one Hubbard procured one Roger to take upon him the Name of Alexander Gilderbrand who was then beyond Sea to acknowledge a Fine to the said Hubbard of the said Lands and they were Fined in this Court and the Lands ordered to be re-assured to Alexander on pain of a greater Fine But the Fine was not drawn off the File nor Damages awarded to the party grieved Mich. 12 Jac. Regis Mansfield's Case 23 Eliz. In the Court of Wards the Case was this Henry Bushly seized in Fee of Lands in Northmims in the County of Hartford by his Will in writing demised the said Lands to Henry Bushly his Son in Tail the remainder to William Bushly And because his Son was within Age he demised the Education of him to Thomas Harrison whom he made his Executor Afterward it hapned that Henry the Son became a deformed Cripple and proved an Ideot a Nativitate which Ideot by the practice of Nichols and others was ravished from his Guardian and carryed upon mens shoulders to an unknown place and there kept in secret till he had acknowledged a Fine of his Lands to one Bothome before Justice Southcot 9 Eliz. and by Indenture the use of the Fine was declared to be to the use of the Cognizee and his Heirs which Bothome 12 Eliz. conveyd the said Land to one Henry Mansfield And 22 Eliz. the said Henry Bushly the Son was by Inquisition found an Ideot a Nativitate And upon this 33 Eliz. the Court of Wards took order for possession of the Lands And it was moved That though the Fine binds the Ideot yet the Indentures are not sufficient to direct the Uses But it war Resolved That forasmuch as he was enabled by the Fine as to the Principle he shall not be disabled to limit the Uses which are but as accessory The same is the Law of an Infant and a Feme-Court And the said Mansfield brought an Action of Trespass in the Common-Pleas against one Trott Farmer of the said Lands and the Issue was tryed at the Bar and the Deformed Ideot brought out of the Court of Wards to be shewn to the Judges of the Common-Pleas and to the Jurors And the Judges hearing that Mansfields Title was under the Fine levyed by that Ideot the Lord Dyâ—r and Court caused a Juror by consent to be withdrawn and the Lord Dyer said That the Judge who took the Fine was never worthy to take another yet notwithstanding all the Fine stood good Mich. 12 Jac. Regis Warcombe and Carrel's Case 20 Octob. 6 Eliz. In the Star Chamber the Case was Edward Carrel an Apprentice of the Laws for a great sum of money bought the Wardship of Joan the Daughter and Heir of Warcomb in the County of Hereford and marryed her to Edw. Carâ—el his youngest Son And after Hill 5 Eliz. the said Joan fell sick and being of the Age of 19 years and having no Issue Edward her Husband perswaded her to acknowledge a Fine of her Inheritance by which should be conveyed an Estate to the Husband and Wife in Tail the remainder to the right Heirs of the Wife and Cognizance was taken by Ded. Potest directed to Sir Thomas Sanders and one Châ—snel of Grays-Inne before Easter divers Judges being here who might have examined her and on Friday in Easter Week she dyed but the Fine l'argent du Reigne was entred as of the last Term viz. Hâ—llary Term 4 days before the Wives death The Original Writ of Covenant bore Test 15 Jan. ret Crastin Pur. and the Ded. Potest 18 Jan. And James Warcombe Cosin and Heir of Joan complained by Bill against Edw. Carrel for getting the said Fine by indirect Practâ—ces and thereupon the Sentence of the Court was as followeth This day a right honourable Assembly being in this Court the matter depending in the same between James Warcombe Esque Plaintiff and Edw. Carrel of London Gent. Defendanâ— as well concerning the validity of a Fine levyed by the said Edward and Joan his wife which â—oan as the Plaintiff alleâ—dges was under age at the time of the Fâ—â—â— levyed and also for certain undue means committed by the said Edw. Carrel in the suing out and getting the said Fine and upon hearing all that could be alleadged on both parts the said Fine was by the Opinion of the whole Conrt adjudged good and effectual in Law And also no fault judged to be in the said Edward Carrel in suing out the said Fine but that the sâ—me was sued out in duâ— form and order of the Laws of this Realmâ— and this is within the Rule Facta tenent multa quae fieri prohibentur And as Carrel was not punished though he knew his Wife within Age so nor Hungate shall be punished though she knew her Son so and the rather by reason of that antient Verse Iâ—ges Communes sinescit Faemina iles M Clericus â—t Cultor Judix sibi parcet et ultor And by Sentence all were dismissed c. Among the Records in â—he Treasury Inter placita c. de Term. Sanct. Mich. 42 Ed. 3. Rot. 27. â— Cornubiâ— Helena filia Hugonis Alloâ— brought an Appeal of Robbery against I awâ—ence Boskosleak Rich. Câ—horta Jo. Gilmin and Joan his Wife and others and the Defendants plead not guilty and were found not guilty Nec unquamse subtraxerunte Iden praedictus Laurentius omnes alii c. cant inde quieti El praedicta Elena pro falso appello suo committitur c. et super hoc praed Laurentius alii petunt juxta forman Stat. quod Juâ—atores inquirant quae damna c. Et super hoc quaesitum est à praefatis Juratoribus c. Quidicunt quod praed Laurentius sustinuit ad valentiam 10 l. c. et sic singulatim de caeteris c. dicunt etiam quod Helena praed non est sufficient c. et quod Johannes Riddel sen Jo. Riddel jun. c. abettaverunt praed
County of Hereford in his Denâ—esne as of Free and found the other Points of the Writ and it was holden by the two Chief Justices and the Chief Baron 1. That Mâ—ssâ—agium vel Tenementum is uncertain for Tenementum is nomen collectivum and may contain Land or any thing that is holden 2. It was holden That it was void for the whole because no Town is mentioned in the Office where the Mâ—ssuage or Tenement c. lyeth and it was holden that no melius inquirendum shall issue forth because the whole Office is incertain and void Trin. 7 Jac. Regis In the Court of Wards The Attorney of the Court of Wards moved the two Chief Justices and the Chief Baron in this Case A man seized of Lands in Fee-simple covenants for the advancement of his Son and his Name Blood and Posterity that he will stand seized of them to the use of himself for life and after to the use of his eldest Son and to such Woman as he shall marry and the Heir-males of the body of the Son and afterwards the Father dyeth and after the Son takes a Wife and dyeth if the Wife shall take an Estate for Life And it was Resolved by the said two Chief Justices and Chief Baron That the Wife should take well enough being within the consideration which was for the advancement of his Posterity and without a Wife the Son cannot have Posterity Secondly It was Resolved that the Estate of the Son shall support the use to the Defendant and when the Contingent happeneth the Estate of the Son shall be changed according to the Limitation viz. to the Son and the Woman and the Heirs of the Body of the Son And so it was Resolved in the Kings-Bench by Popham Chief Justice and the whole Court in Sheffields Case in Q. Elizabeths time Trin. 7 Jac. Regis In the Court of Wards Spary's Case John Spary seized in Fee in the Right of his Wife of Lands holden by Knight-service had Issue by her and 22 Dec. 9 Eliz. alienated to Edward Lord Stafford The Wife dyed the Issue of full age the Alienee holds the Lands And 10 years after the Fathers death and 12 years after the Mothers Office is found 7 Jac. finding all the special Matter after the Mothers death The Question was Whether the mean Profits are to be answer'd to the King And it was Resolved by the two Chief Justices and Chief Baron that the King should have the mean Profits because the Alienee was in by Title and untill Entry the Heir has no Remedy for the mean Profits but that the King might seize and make Livery because the Entry of the Heir is lawful by the Stat. 32 H. 8. Trin. 7 Jac. Regis In the Court of Wards It was found by force of a Mandamus at Kendal in Westmerland 21 Dec. 6 Jac. that George Earl of Cumberland long before his death was seized in Tail to him and to the Heirs-male of his body of the Castles and Mannors of Browham Applâ—by c. the remainder to Sir Ingram Clifford with divers Remainders in Tail the remainder to the right Heirs of Henry Earl of Cumberland Father of the said George and that the said George Earl so seized by Fine and Recovery conveyed them to the use of himself and Margaret his Wife for their Lives for the Joynture of Margaret and after to the Heir-males of the body of George Earl of Cumberland and for want of such Issue to the use of Francis now Earl of Cumberland and the Heir-males of his body and for want of such Issue to the use of the right Heirs of the said George And after by another Indenture conveyed the Fee-simple to Francis Earl By force of which and of the Statute of Uses they were seized accordingly and afterwards the 30 of Octob. 3 Jac. George Earl of Cumberland dies without Heirs male of his body c. And found further that Margaret Countess of Cumberland that now is was alive and took the profits of the Premisses from the death of the said George Earl till the taking the Inquisition and further found the other Points of the Writ 1. And first it was objected Here was no dying seized found by Office and therefore the Office shall be insufficient But to that it was Resolved That by this Office the King was not intitled by the Common-Law for then a dying seized was necessary But this Office is to be maintained upon the Stat. 32 and 34 H. 8. by force of which no dying seized is necessary and so it was Resolved in Vincents Case Anno 23 Eliz. 2. The second Objection was It doth not appear that the Wives Estate continued in her till the Earles death for the Husband and Wife had aliened the same to another and then no primer seizin shall be as is agreed in Binghams Case And to that it was Resolved That the Office was sufficient prima facie for the King because it is a thing collateral and no point of the Writ And if such Alienation be the same shall come in of the other part of the Alienee by a Monstrans de droit And the Case at Bar is a stronger Case because it is found the Councess took the Profits from the death of George the Earl till the finding the Office Trin. 7 Jac. Regis In the Court of Wards Wills Case Henry Wills seized of the 4th Part of the Mannor of Wryland in the County of Dâ—von holden of Q. Eliz. iâ— Socage Tenure in capite of the said 4â—h part enfeoffed Zathary Irish and others and their Heirs to the use of the said Henry for his Life and after his Decâ—ase to Thomas Wills his second Son in Tail and after to the use of Richard Wills his youngest Son in Tail and after the said Henry so seized as aforesaid dyed All this Matter is found by Office And the Question was If the King ought to have primer seizin in this Case that Livery and Ouster le mayne should be sued by the Statutes of the 32 and 34 H. 8. And it was Resolved by the two Chief Justices and the Chief Baron that not if in this Case by the Common-Law no Livery or Ouster le main shall be sued and that was agreed by them all by the experience and couâ—se of the course See 21 Eliz. Dyer 362. and 4 Eliz. Dyer 213. And two Presidents were shâ—wed which were Decreed in the same Court by the Advice of the Justices Assistants to the Court. One in Trin. 16 Eliz. Thomas Stavely enfeoffed William Strelley and Thomas Law of the Mannor of Ryndly in Nottingh â—shire on condition that they re-enfeoffe the Feoffor and his Wife for their Lives the remainder to Thomas Stavely Sâ—n and Heir apparent of the Feoffer in Fee Which Mannor was holden of Q. Elizabeth in Socage Tenure in capite And it was Resolved That no Livery or Ouster le maine shall be sued in such Case because of the saving of the Stat. 32 H. 8.
Service Tenant Richard Hulme dyed after whose death 31 H. 8. it was found that he dyed seized of the said Mesnalty and that the same descended to Edward his Son and Heir within Age and found the Tenure aforesaid c. And during nonagâ— Robert Male dyed seized of the said Tenancy peravail and that the same descended to Richard his Son and Meir as was found by Office 25 H. 2. within age and that the said Tenancy was holden of the King as of his said Dutchy by Knights Service whereas in truth the same was holden of Edward Hulme then in Ward of the King as of his Mesnalty for which the King seized the Ward of the Heir of the Tenant And afterwards Anno quarto Jacobi Rogis nunc after the death of Richard Male the lineal Heir of Robert Male by another Office it was found that Richard dyed seized of the Tenancy and held the same of the King as of his Dutchy c. his Heir within age Whereupon Richard Hulme Cozen and Heir of the said Richard Hulme preferred a Bill to be admitted to traverse the Office found 4 Jac. Regis And the Question was Whether the Office found 35 H. 8. be any Estoppel to the said Hulme or if that the said Hulme should be first driven to Traverse that And it was objected That he ought first to traverse the Office of 35 H. 8. as in the Case 26 E. 65. And that the first Office shall stand as long as the same remaines in force To which it was Answered and Resolved by the two Chief Justices and Chief Baron and Court of Wards That the finding of an Office is not any Estoppel for that is but an Inquest of Office and the party grieved shall have a Traverse to it But when an Office is found falsly that Land is holden of the King by Knights Service in capite or of the King himself in Socage if the Heir fueâ—h a general Livery it is holden 46 Ed. 3. 12. by Mowbray and Persey that he shall not after adde that the Land is not holden of the King But that is not any Estoppel to the Heir himself and shall not conclude his Heir for so saith Mowbray himself expresly 44 Ass pl. 35. See 1 H. 4. 6. b. So 33 H. 6. 7. And there is no Book that saith that the Estoppel shall endure longer than his life but that is to be intended of a general Livery but a special Livery shall not conclude one And if a Jury find falsly in a Tenure of the King the Lord of whom the Land is holden may traverse that Office Or if Land be holden of the King in Socage c. the Heir may traverse the last Office for by that he is grieved and he shall not be driven to traverse the first Office And when the Father sues Livery and dyes the Conclusion is executed and past as is aforesaid And note there is a special Livery but that proceeds of the King's Grace and is not the Suit of the Heir and the King may grant it either at full age before aetate probanda or to the Heir within age as appears 21 E. 3. 40. And then is general and shall not comprehend any Tenure as the several Livery doth and therefore it is not any Estoppel without question See the 33 H. 8. cap. 22. 23 Eliz. Dyer 177. It was also Resolved in this Case that the Office of 35 H. 8. was not traversable for his own Traverse shall prove that the King had cause to have Wardship by reason of Ward And when the King comes to the Possession by a false Office or otherwise if it appears the King have any other Right to have the Land there none shall traverse the Office or Title of the King because the Judgment in the Traverse is Ideo consideratum est quod manus Domini Râ—gis amoveantur c. See 4 H. 4. fol. 33. in the Earl of Kents Case c. Mich. 7 Jacobi Regis Note The Priviledge Order or Custom of Parliament either of the Upper-House or House of Commons belongs to the Determination of the Court of Parliament and this appeareth by two notable Presidents 1. The one at the Parliament holden in the 27 H. 6. There was a Controversie moved in the Upper-House between the Earles of Aâ—undel and Devonshire for their Seats Places and Pre-eminences of the same to be had in the King's Presence as well in Parliament as in Councels and elsewhere The King by the Advice of Lords Spiritual and Temporal committed the same to certain Lords of Parliament who not having leisure to examine the same by the said Lords Advice referred it to the Judges of the Land to hear see and examine the Title c. and to report what they conceive herein The Judges reported as followeth That this matter viz. of Honour and Pre-eminency between the two Earles Lords of Parliament was a matter of Parliament and belonged to the King and his Lords in Parliament to be decided Yet being so commanded they shewed what they found upon Examination and their Opinions thereon Another Parliament 31 H. 6. 6th of March begun and after some continuance was prorogued to the 14 of February and afterwards in Michaelmas Term the same 31 H. 6. Thomas Thorpe Speaker of the Commons House was condemned in the Exchequer in 1000 l. Damages at the Duke of Buckingham's Suit for a Trespass done to him The 14th of Feb. the Commons mâ—ved in the Upper-House that their Speaker might be set at liberty to exercise his Place c. The Lords refer it to the Judges and Fortâ—scue and Prisoit the two Chief Justices in the Name of all the Judges answer'd That they ought not to consider this Question c. but it belongeth to the Lords of the Parliament and not to the Justices But as to their Proceedings in the Lower-Courts in such Cases they deliver'd their Opinions See 12 E. 4. 2. Hill 7 Jac. Regis In Cam. Stâ—ll Heyward and Sir John Whitbrook's Case In the Case between Hyward and Sir John Whitbrook in the Star-Chamber the Defendant was convicted of divers Misdemeanours and Fine and Imprisonment imposed on him and Damages to the Plaintiff And it was moved that a special Process might be made out of that Court to levy the said Damages upon the Lands and Goods of the said Defendant And it was referred to the two Chief Justices whether any such Process might be made who this Term moved the Case to the Chief Baron and the rest of the Judges and Barons and it was unanimously by them all Resolved That no such Process could or ought to be made neither for the Damages nor for the Costs given to the Plaintiff the Court having no such power but onely to keep the Defendant in Prison till he pay them For for a Fine due to the King they can make no Process to levy it but they estreat it into the Exchequer which hath power by Law to write forth Process
die causa c. Et iidem Justiciarii hic visa causa illa ulterius fieri fecerint quod c. Et modo hic ad hunc diem viz. diem Sab. prox Oct. Sanct. Mich. isto eoâ—um termino venit praed Anthonius in propria persona suaâ— sub custod praed Guard ad Barr. hic praed idem Guardianus tunc hic mand Quod ante advent brevis praed vâ—z 9. die Oct. ult praeter praed Anthonii Roper mil. reducit se prison praed perantea Commissus virtute cujusdam â—arranti dat 30 die Junii ult praeter quod sequitur in haec verba viz. These are in his Majâ—sties Name to require and charge you by Vertute of his High-Commission for causes Ecclesiastical under the Great Seal of England to us and others directed that herewith you receive and take into your Custody the Body of Sir Anthony Roper Knight and him safely detain c. signifying unto you That the cause of his Commitment for that there being a certain cause c. betwixt him the said Sir Anthony Roper and John Bullbrooke Vicar of Bently for that he detained wrongfully from him the said Vicar a certain yearly Pension c. Given at Lambeth this thirtieth of June 1607. Et quod haec suit causa captionis et detentionis praed Anthonii in prison praed corpus tamen praed Anthonii modo hic paratus hâ—bet prout â— super quo visis praemissis per Justiciurios hic plenius examinatis videtur iisdem Justiciariis hic quod praed causa Commissionis praed Anthonii prison de Fleet praeâ— in retorn spâ—cificat minus sufficiens in lege existit c. Idco prad Anthonius a prisona prad per-Cur hic dimittitur ac idem Guardianus de hujusmodi Custodia per eand Cur. hic plene exoneretur And this was resolved una voce by Coke chief Justice Walmesly Warberton Daniel and Foster Justices And in the same Term in I am's Case A Parson in Noâ—folk that sued one of his Parishioners before the High-Commissioners for Scandal in saying only in the Church on a Sabbath day That he was a wicked man and an arrant Knave Prohibition lyes for this That it was not so enormous as the Staâ—â—te intended Hill 5 Jac. Regis Note It was moved to the Justices this Term upon consideration of the Acts of 34 H. 8. and 18 Eliz. If the Justices in Wales may be Constituted by Commission and it was conceived they could not but that it ought to be by Patent as hath been ever used since 34 H. 8. Then it was moved If the King by force of a Clause there in might do it which Clause is That the King 's most Royal Majesty shall and may at all times hereafter change adde alter minish and reform all manner c. And it seemed to divers of the Justices that this Power given to the King determin'd by his Death for divers Causes 1. Because it wants these Words His Successors and to draw it in Succession by Construction would be against the Intention of the Maker of the Act For they gave this high Power of Alteration c. of Laws to the King as to his most Excellent Wisdom shall be thought most meet which words want His Successors For they well knew his Wisdom did not go in Succession so the Power went not in Succession And for this that Eorum progressus ostendent multa quae ab initio provideri non possunt And what ensues upon this concerning this uniting of Wales and England none could divine But it was never the Intention of the said Act to give Power to the King and his Successors for ever to alter c. 2. Power of Alteration of Laws c. is a Point of Confidence concerning the Administration of Justice which the Act by omitting of his Successors intended to unite this Confidence to the Person of H. 8. and not to extend it without Limitation of time to his Successors 1 Ed. 5. 1. 1 H. 7. 1. 14 Ed. 4. 44. All Commissions concerning Administration of Justice determine by the King's Death Not so if he make a Lease durante bene placito or present one to a Church these are not void by his Death untill revoked by his Successor And upon Certificate of the Justices Opinion That the Justices of Wales cannot be Constituted by Commission Baron Snig had a Patent for the Circuit of Wales as others before him had Trin. 6 Jac. Regis This Term it was Resolved per totam Curiam in Communi Banco viz. Coke Chief Justice Walmesly Warberton Daniel and Foster in the Case of Allan Ball That the High-Commissions cannot be force of the Act 1 Eliz. cap. 1. send a Pursivant to Arrest any Person subjâ—ct to their Jurisdiction to answer to any matter before them But they ought to proceed according to Ecclesiasticall Law by Citation And in the Circuit of Northampton when the Lord Anderson and Glanvile were Justices of Assize a Pursivant was sent by the Commissioners to Arrest the Body of a Man to appear before them and in resistance of the Arrest and striving among them the Pursivant was killed And if this was Murther or not was doubted and it was Resolved that the Arrest was tortious and by consequence that this was not Murther though the killing of an Officer of Justice whose Authority is lawful in Execution of his Office is Murther But they may send Citation by a Puisivant and upon default proceed to Excommunication and then to have a Capias Excommunicatum which Writ de excommunicato capiendo is preserved and returnable by the Statute 5 Eliz. See Magna Charta and all the antient Statutes Vid. Rast Title Accusation Marmaduke Langdale's Case In the Case of Marmaduke Langdale of Leventhorp in the County of York by Joan his Wife being sued for maintenance before the Bishop of Canterbury and others High-Commissioners It was Resolved per totam Curiam praeter Walmesly that a Prohibition before granted was well maintainable because it was not any Enormity nor Offence within the Statute but a neglect of his duty and a Breach of his Vow of maintenance And the Rule of the Court was That the Plaintiff shall count against the High-Commissioners and upon Demurrer joyned the Case to be argued and adjudged and the Party grieved to have a Writ of Errour si sibi viderit expedire c. Upon Complaint made to the King and Councel by the Lord President of Wales and the Lord President of York against the Judges of the Realm and the King's Pleasure signified to them Upon Consideration had of the parts of the Complaint they Resolved upon these Answers And because of the Lord President of York first opened the Cause of his Grief more amply they first answered those Objections made on the behalf of that Councel And first as to the Institution of that Court. 1. After the Suppression of all Religious Houses Anno 27. H. 8. in
the Law behead his Wives for Treason for judicandum est legibus non exemplis Tâ—iâ— 9 Jacob. Regis In this Term I moved the Justices in Sergeants Inne in Fleetstreet upon the Stat. 27 Jac. cap. 6. If the Justices of Peace may make a special Warrant to Constables c. to have the bodies of parties who are to take the Oath according to the Statute before them And it was Resolved by all unâ voce that they may and that for two Reasons 1. When the Statute gave power to Justices of the Peace to require any persons c. to take the Oath the Law implicite gave power to make a Warrant to have the body for Quando lex aliquid alicui concedit conceditur et id sine quo res ipsa esse non potest 2. It is against the Offices of the Justices and the Authority given them by that Statute that they shall go and seek the parties Then I moved if in such case the Constables may break the Houses of the Parties named in their Warrants and it seemed to Us all that they cannot because they are not Offenders till they refuse to take the Oath before them or commit some Contempt to the King Note If the person be fugitive in another County he evades the Statute for the present but he may be indicted for Recusancy and the Indictment be removed into the Kings-Bench and they may make Process against them into any County of England Also if they are in their Houses the Door being shut c. they may be indicted before the Justices of Assize or Quarter-Sâ—ssions and then after a Venire Facias c. by force of a Capias their Houses may be broken by the Sheriff 10 Eliz. cap. 2. to which the 23 Eliz. refers Memorandum Hill 9 Jac. All the Justices of England by the Kings Command were assembled to consider of these two Statutes And in the beginning of this Term they were recited and debated and after good consideration and Conference together It was Resolved by all That if one be indicted for Recusancy the Court may proceed by Process upon the Stat. 23 Eliz. or by Proclamation according to 28 Eliz. And that the Process upon the Indictment and Venire Facias and Capias c. and upon the Capias the Sheriff upon Request made to open the Door as in Seymans Case and when by the Sheriff brought into Court he may upon refusal of taking his Oath be generally indicted c. But the Justices upon the second day of Conference did not speak to the other Point And this Resolution being reported to the Lords of the Councel aâ— Whitehall all the Judges being present 7 Feb. Hill 9 Jacob. Regis We were desired to put our Resolution into Writing I answered The Judges never used so to do But if the Attorney or Sollicitor came to us we will deliver our Opinions to them ore tenus but not in Writing At thâ— third day upon the Conference in this Term it seemed upon the Statute 3 Jac. If Justices of Peace upon Refusal before them commit any person to Gaol with Bayâ— and mention in their Warrant the Tender and Refusal then the Oath ought to be tendred again But if the Mittimus do not comprehend the Tender and Refusal then they may be generally indicted as upon Refusal in â—pon Court And it was Resolved That the major number of Justices of Peace who commit the Parties have Election to commit to the next Assizes or the next Sâ—ssions And observe that two Justices whereof one of the Quorum by the Stat. 7 Jac. may commit any person above the Age of 18. and under the Degree of Nobility altâ—ough he be not indicted or convict And it was Resolved by all That if the Indictment be commenced upon the Stat. 3 Jac. upon Refusal in open Court then the Indictment may be short and general c. Not so if the Indictment be upon the Commitment made by two Justices of the Peace This is good of any person whatsoever Mich. 10 Jac. Regis The Earl of Northampton's Case 1. The Attorney-General informed against Thomas Goodrick Gent. Sir Richard Cox Kt. Henry Vernon Gent. Henry Minors Thomas Lake Gent. and James Ingrum Merchant ore tâ—nus in the Star-Chamber and charged Goodrick that he had spoken and published of the E. of Northampton a Peer of the Realm c. divers false and horrible Scandals scil That more Jesuits Papists c. have come into England since the Earl of Northampton was Guardian of the Cinque-Ports then before 2. That the said Earl had writ a Book openly against Garnet c. but secretly had writ a Letter to Bellarmine intimating that he writ the said Book ad placandum regem sive ad faciendum populum and requested that his Book â—ight not be answered and that the Archbishop of Canterbury had told it the King and that the said Goodrick told it to one Deusbery who acquainted the Earl with it Goodrick being examined vouches Sir Richard Cox for Author Sir Richard Cox vouched the said Vernon Vernon cited Lake Lake that he heard it from Sergeant Nichols Nichols said one Speaket related it to him and that he heard it from James Ingrum and James Ingrum said that in October he heard the said words of two English Fugitives at Ligorn but never published them till the Earl of Salisbury's death in May last And all the Defendants confâ—ssed at Bar all that they were charged with and at the Hearing of this Case were 11 Judges Fleming being absenâ— propter aegritudinem And so it was Resolved That the publishing of false Rumours concerning the King or the Peers was in some Cases punishable by the Common-Law But of this were divers Opinions 1. And first as to Rumors themselves 1. They ought to be fase and horrible 2. Such of which Discord may arise betwixt the King and his People c. West 2. c. 24. 2 R. 2. cap. 53. 3. The Subversion and Destruction of the Realm ibidem 2. As to Persons they declared to be Prelates Dukes Earls Barons c. Justice of the one Bench or other or any great Officers c. 2 R. 2. c. 5. And the King is contained within West 1. c. 34. as appears in Dyer 5 Mary 155. 3. As to the third Point it was Resolved That if one hear such false and horrible Rumors it is not lawful to relate them to others And this appears by the Stat. viz. That the Party shall be imprisoned until he find out the party who spoke them Which proves it was an Offence else he should not be punish'd by Fine and Imprisonment It was also Resolved That the Offenders at the Bar if against them the Proceedings had been by Indictment upon these Statutes no Judgment could be had against them that they should be imprisoned till they found their Author for Goodrick did not relate to Deusbery that he heard from Sir Richard Cox but he related the same as of himself
and for this he ought to be indicted for the words which he himself spake and then De non apparentibus non existentibus eadem ratio And it was Resolved That if A. say to B. Did you not hear that C. is guilty of Treason c. This is tantamount to a Scandalous Publication If J. S. publish that he hath heard generally without a certain Author that J. G. was a Traytor or Thief there an Action Sur le case lyeth against J. S. And a Record was vouched Mich. 33 and 34 Ed. 3. and in the 30 Ass pl. 10. and in the Exchequer Miâ—h 18. Ed. 1. Rot. 4. The Defendants in the Case at Bar for publication of the said words all the Defendants were punish'd by all the presence una voce nullo contradicente by Fines and Imprisonment Goodrick and Ingrum were Fined the most because one could find no Author for the Words concerning the Cinque-Ports nor the other any other than unknown persons of Ligorn and therefore 't was taken as a Fiction of his own Trin. 10 Jac. Regis Eastwick's Case iâ— Curia Wardorum King Philip and Queen Mary by their Letters-Patents de gratia speciali c. granted to Aringal Wade in Fee thâ— Farm called Milton Grange in the County of Bedford parcel of the Possessions of the late dissolved Monastery of Wooburn Tenendum praed firmam de nobis successoribus nostris ut de Manerio nostro de East-Greenwich in Com. Kent in capite per servitium vicessimae partis unius Feodi Militis pro omnibus redditibus c. quibuscâ—nque Which Grange by mean Conveyance came to Christopher Eastwick after whose death the Tenure was found verbatim according to the words of the Patents And the Question was If the Tenure was by a mean as of the said Honour or in Capite And their principal Reason was That the Letters-Patents shall be construed to the Kings Intention expressed and in this Case some Words ought to be rejected scil these words in Capite or these words De mancrio nostro de East-Greenwich for both together cannot stand and then the better shall be taken for the King as 5 Mary Dyer 162. 15 H. 7. 7. 14 Ed. 4. 5. 3 H. 7. 12. 9 H. 7. 9. 6. per Huffey 13 H. 7. 4. per Fineaux 19 H. 8. Title Office Brooks 58. Action But it was Answered and Resolved That the said Grange was held of the King as of the Honor and not in Capite And the Reason was because that Tenure of the King in Capite is as much as to say Tenure in gross or of the Person of the King And it appears by antient Records that in Old Time all Tenures in Gross or of the Person of a Subject were called Tenures in Capite as in Claus 9 H. 3. membr 28. and many other Records but of late time Dicitur de rege solummodo terras teneri in Capite And therefore when it is said Tenendum de nobis in Capite ut de manerio nostro de East-Greenwich c. Inasmuch as it is limited to hold of the King who is Chief it may be vulgarly said That the Tenure is in Chief inasmuch as it is of the King as of a Mannor Secondly It was Resolved That the abundant Words shall be extended in Construction of the Law and not the Words subsequent which limit the Term in certainty And with this Resolution agrees Mich. 17 and 18 Eliz. 345. Nota That a Tenure of any antient Honors as of Rawlâ—igh Hagenet and Peverel are by way of Usage and Allowance in all Ages taken to have the effect of a Tenure in Capâ—te viz. To have all the Lands in Guard c. Et non valet ratio contra experimentum See Mag. Chart. cap. 31. and 11 H. 7. in Rot. Parliam not Printed and 1 H. 6. c. 4. Bracton lib. 2. fol. 87. 30 H. 8. Dyer 8. 58. 29 H. 8. Brook Title Livery 28. 57. 5 Ed. 3. 5. Finis Libri Duodecimi LIB 13. ult Mich. Anno 6. Jacobi Regis In the Common-Pleas Willow's Case IN Trespass brought by Richard Stallon against Thomas Bradye which began in Easter Term 6 Jac. rot 1845. for breaking his House and Close at Fenditton in Com. Cambridge And the New Assignment was in an Acre of Pasture The Defendant pleads that the Place where c. was the Land and Freehold of Thomas Willowes and Richard Willowes and that he as Servant c. The Plaintiff for Replication saith That the Place where was parcel of the Mannor of Fenditton and demisable c. by Copy of Court-Roll in Fee-simple and that the Lords of the Mannor granted the Tenements in which c. to John Stallon and his Heirs who surrendred them to the said Willowes and Willowes Lords of the said Mannor to the use of the Plaintiff and his Heirs who was admitted c. The Defendant rejoyns and saith True it is that the Tenements in which c. were parcel of the Mannor and demisable c. and the surrender and admittance such prout c. But the said Bradye further saith That the Tenements in which c. at Richard Stallons Admission were and yet are of the clear yearly value of 53 s. 4 d. and that within the Mannor there is such a Custome Quod ratâ—onabilis denariorum sumna legalis monetae Angliae super quamlibet admissionem cujusâ—ibet persoâ—ae teaâ—at per Domiâ—um vel Dominos Manerii praed sive per seâ—â—sch c. ad aliquas terras c. secundum cons Maner illius debetur a tempore quo c. debitum fuit Dom. c. tempore ejusdem admission pro fine c. quod idem Dominus vel Domini vel seneschallus suus Cur. ejusdem Mâ—nerii pro tempore existen usus fuerit vel usi fuer per tot tempus praed in plena Cur. Manâ—r illius pro admissione ejusdem personae seu earund personar sic facta assidere appunctuare Anglicè Assess and Appoint eand rationabil summam denarior c. Et summam sic assessam personae admissae c. solverent c. eidem Don. c. And further saith That the Steward of the said Mâ—nnor at a Court holden the first of October Anno quarto Regis nunc admitted the Plaintiffs to the Tenements in which c. and assessed and set a reasonable sum of money viz. 5 l. 6 s. 8 d. viz. Valorem eoâ—undem tenementor per duos annos non ultra pro fine pro praed admissione c. And the said Steward at the same Court gave notice to the Plaintiff the said sum was to be paid c. And further saith That the Willowes and Willowes afterwards viz. 2 Novem. in the 4th year aforesaid at Fendittoâ— aforesaid requested the said Richard Stallon to pay them the said 5 l. 6 s. 8 d. which the said Richard utterly refused c. By which the said Richard forfeited to the said Thomas and Richard Willowes
shall be extinct for Fealâ—y is by necessity of Law incident to the Reversion but the Rent shall be divided pro rata portionis and so it was adjudged And it was also adjudged That though Collins come to the Reversion by several Conveyances and at severall times yet he might bâ—ing an Action of Debt for the whole Rent Hill 43 Eliz. Rot. 243. West and Lassels Case So Hill 42 Eliz. Rot. 108. in the Common Pleas Ewer and Moylâ—s Case Note It was adjudged 19 Eliz. in the Kings-Bench that where one obtained a Prohibition upon Prescription de modo Decimandi by payment of a sum of money at a certain day upon which Issue was takeâ— and the Jury found the modus Decimandi by payment of the said sum but at another day the Case being well debated at last it was Resolved That no Consultation should be granted for though the day of payment may bâ— mistaken yet a Consultation shall not be granted where the Soitâ—tual Court hath not Jurisdiction of the Cause Taafi ld Chief Baron hath the Report of this Cause Mich. 7 Jac. Regis In an Ejectione Firmae he Writ and Declaration were of two parts of certain Lands in Hetherset and Windham in the County of Norfolk and saith not in two parts in three parts to be divided and yet it was good as well in the Declaration as the Writ for without question the Writ is good de duabus partibus generally and so is the Register See the 4 E. 3. 162. 2 E. 3. 31. 2 Ass 1. 10 Ass 12. 10 E. 3. 511. 11 Ass 21. 11 E. 3. Bre. 478. 9 H. 6. 36. 17 E. 4. 46. 19 E. 3. Bre. 244. And upon all the said Books it appears that by the Intendment and Construction of the Law when any parts are demanded without shewing in how many parts the whole is divided that there remains but one part undivided But when any Demand is of other parts in other form there he ought to shew the same specially And according to this difference it was resolved in Jordan's Case in the Kings-Bench and accordingly Judgment was given this Term in the Caseat Bar. Mich. 7 Jac. Regis In the Common-Pleas Muttoa's Case An Action upon the Case was brought against Mutton for calling the Plaintiff Sorce and Inchanter who pleaded Not Guilty and it was found against to the Damage of six pence And it was holden by the whole Court in the Common-Pleas that no Action lyes for the laid words for Sortilegus est qui per sortes futura praenunciat Inchantry is vordis aut rebus adjunctis aliquid praeter naturam moliri See 45 Ed. 3. 17. One was taken in Southwark with the Head and Visage of a dead man and with a Book of Sorcery in his Mayl and he was brought into the Kings-Bench before Knevet Justice but no Indictment was framed against him for which the Clerks made him swear never after to commit Sorcery and he was sent to Prison and the Head and Book were burn'd at Tuthil at the Prisoners charges The antient Law was as by Britton appears that who were attainted of Sorcery were burned but the Law at this day is they shall onely be fined and imprisoned So if one call another Witch an Action will not lye But if one say She is a Witch and hath bewitched such a one to death an Action upon the Case lyes if in truth the party be dead Conjuration in the Stat. 5 Eliz. cap. 16. is taken for Invocation of any evil and wicked Spirits and the same by that Act is made Felony But Witchcraft Inchantment Charms or Sorcery is not Felony if not by them any person be killed or dyeth The first Statute made against Conjuration Witchcraft c. was the Act 33 H. 8. c. 8. and by it they were Felony in certain Cases special but that was repealed by the 1 Ed. 6. c. 12. Mich. 7 Jae Regis In the Court of Wards Sir Allen Percy 's Case Sir John Fitz and Bridget his Wife being Tenants for life of a Tenement called Ramshams the remainder to Sir John Fitz in Tail the remainder to Bridget in Tail the reversion to Sir John and his Heirs Sir John and Bridget his Wife by Indenture demised the said Tenement to William Sprey for divers years yet to come except all Trees of Timber Oakes and Ashes and liberty to carry them away rendring Rent And afterwards Sir John dyed having Issue Mary his Daughter now Wife of Sir Allen Percy Knight and afterwards the said William Sprey demised the same Tenement to Sir Allen for 7 years The Question was Whether Sir Allen having the immediate Inheritance in right of his Wife expectant upon the Estate for the life of Bridget and also having the Possession of the said Demise might cut down the Timber Trees Oakes and Ashes And it was objected he might well do it for it was Resolved in Sanders Case in the 5th Part of my Reports That if Lessee for years or life assigns over his term or Estate to another excepting the Mines or the Trees c. that the Exception is void But it was answered and Resolved by the two Chief Justices and the Chief Baron that in the Case at Bar the Exception was good without question because he who hath the Inheritance joyns in the Lease with the Lessee for life And it was further Resolved That if Tenant for life Leaseth for years excepting the Timber Trees the same is lawfully and wisely done for otherwise if the Lessee or Assignee cut down the Trees the Tenant for Life should be punished in Wast and should not have any remedy against the Lessee for years But when Tenant for life upon his Lease excepteth the Trees if they be cut down by the Lessor the Lessee or Assignee shall have an Action of Trespass Quare vi armis and shall recover Damages according to his loss And this Case is not like the Case of Sanders for there the Lessee assigned over his whole Interest and therefore could not except the Mines Trees c. But when Tenant for life leases for years except the Timber Trees the same remaineth yet annexed to his Free-hold and he may command the Lessee to take them for necessary Reparations of his Houses And in the said Case of Sanders a Judgment is cited between Foster and Miles Plaintiffs and Spencer and Bourd Defendants That where Lessee for years assigns over his Term except the Trees that Wast in such Case shall be brought against the Assignee But in this Case without question Wast lyeth against Tenant for life and so there is a difference Mich. 7 Jac. Regis In the Court of Wards Hulme's Case The King in Right of his Dutchy of Lancaster Lord Richard Hulms seized of the Mannor of Male in the County of Lancaster holden of the King as of his Dutchy by Knights Service Mesne and Robert Male seized of Lands in Male holden of the Mesne as of his said Mannor by Knights
assigned in the Ve Fa which was certified by Writ of Certiorari and upon this Writ no Return was made upon the Back of the Writ which is called Returnum Album And for that Cause this Easter Term the Judgment was reversed Trin. 7 Jac. Regis In Cur. Wardorum It was found by Writ of Diem clausit extremum after Roger Westcots death that the said Roger the day that he dyed was seized of and in the moiety of the Mannor of Trewalliard in his Demesne as of Fee and so dyed seized and that the moiety of the said Mannor 19 E. 3. was holden of the then Prince as of his Castle of Trematon parcel of his Dutchy of Cornwall by Knight-Service as appears by a certain Exemplification of Trematon for the said Prince made 9 Martii 19 E. 3. And the Words of the Extent were Willielmus de Torr tenet duo feoda et dimid Milit. apud Picke Stricklestombe Trewalliard per servitium militare reddit inde per annum 8 d. And it was Resolved by the two Chief Justices and Chief Baron That the Office concerning the Tenure was insufficient and void for the Verdict of a Jury ought to be full and direct and not with a prout patet for now the force of the Verdict lyes upon the Extentâ— which if it be false he who is grieved shall have no remedy by any Traverse for they have not found the Tenure indefinite which may be Traversed but with a prout patet which makes the Office in that Point insufficient And upon that a melius inquirendum shall issue And herewith agrees F. N. B. 255. FINIS THE TABLE A. AUrum Reginae what and what right the Queen hath to it 19 Alienations by Bishops when voidable by their Successors and when the King or Queen may void them 75 76 Admiralty Jurisdiction thereof is no Court of Record 82 83 84 85. 88 89. 109. 199. 200 201 Absence takes not away a Title of Honour and why 111 112 113 Affidavits false when how and from whom punishable 134 135 Arches Court its Jurisdiction 147 Arch-Bishop of Canterbury his power to act and in what cases 148 149 150 151 Apprentice none may keep a shop c. or set up a Trade c. unless he have served seven years 154 155 Apples whether within the Act for ingrossing and what within that Act 160 B. Bishops when lawfull and their Authority what and whence derived 8 9 Buggery what and how punishable 36 37 Baron who shall be said to be a Baron of Parliament and in what cases 73 74 Benevolence the nature thereof and how may be imposed 124 125 Burgage Tenure what and if tenant in Burgage shall pay aid to the King to make his Eldest Son Knight 169 170 171 172 Bridges who ought to repair them 176 177 C. Custome whence to be paid and of what 16 17. 33 Commissioners High Commissioners their power 17 18. 47 48 49 50 51 52. 72 73. 87 88 89 90 Conspiracy where such action lies for what and against whom 22 23 24. 95 96 97 Commissions what of them are against Law e contra 29 30 31 32. 93 94 Consultation where grantable 43. 46. 67 68 69 70 71 Court Christian their Power 44 Court of Common-Pleas their Power and Antiquity 60 61. 113 114 Convocation authority thereof 76 Contempt what shall be said a high contempt of the King and how punishable 100 101 Chester Chamberlain there his power 118 119 Court what judgement shall be given when the Court is divided in opinion 123 124 Contract what shall be said an intire Contract 205 206 Common when suspended or discharged e contra 214 215 Custome where and how available 216 217 218 219 D. Dignity the King may erect any name of Dignity that was not before or transfer it 85 86. 116 117 Deed obtained by Covin shall not bind 95 Duresse per Gaoler 133 Dower what a barre thereto e contra 161 162 163 164 165 F. Forrests what so properly and what may be done therein 20 21 First-Fruits and Tenths given to the Crown 46 47 Ferry-man when he may throw goods over boord 65 Felony while an Attainder in force no Felony before to be answered for 105 Forgery where punishable and how 108 177 178 Felon when his goods are forfeit 127 Fine levied how avoidable and for what 127 128 129 130 131 132 133. 202 Fine to the Lord of a Manor in Copy-hold ought to be reasonable 143 144 145 146 G. Grants antient not to be drawn in question 6 Grants of the Kings when void e contra 91 92 What shall be a good Grant to elect Burgesses to Parliament 126 H. Heresie what how and by whom punishable 58 59 60 Hand when the right hand shall be cut off and for what 74 75 Habeas Corpus 89 90 Haeretico comburendo the Writ therein lyeth 98 I. Impropriations not examinable and why 4 5 Confirmed by time though defective 5 6 Impositions when they may be laid by the King 32 33 34 Justices of Peace when they may award Processe of Outlawry 107 108 Their Power as to making Warrants 136 137 138 L. Libells what shall be judged a Libell and how and where to be punished 35 35 Law of England to be expounded by the Judges of it and none other 147 Lease for Lives when determinable 216 M. Marriages Priests Marriages not void 9 Marches Courts there when erected and why as also the power of Lords President there 51 53 54 55 56 57 58 Man-slaughter what so adjudged 92 93 Modus Decimandi what where suable 155 156 157 158 159 160. 181 182 183 184 185 186 ad 193 Meane profits when to be answered to the King 196 N. Nobility Priviledge thereof what 100 101 102 O. Oath Ex Officio in what cases the Ordinary may examine Ex Officio upon Oath 25 26 27 28 Office where traversable 106 107 Offices new where and upon what cause they may be erected 121 122 123 Office found where void and why 195 196 197. 222 Where an Estoppell 210 211 P. Procedendo in Loquela not allowable 4 Pardons what offences the King may pardon 28 29 Premunire where it lies and where not and against whom 37 38 39 40 41 42. 98 99 Prohibitions in what cases grantable and against whom and by what Courts 43 44 45 46. 52. 60 61 62 63. 66 67. 80 81. 89. 90. 150 151 152 153 Piracy who shall have Pyrates goods 77 Proclamations what may be prohibited thereby and the validity thereof 78 79 80 Priests may not be arrested in Holy Church c. 104 105 Perjury where punishable 106 Poynings Law how it shall be expounded 114 115 116 117 Portion what shall be said a sufficient Childs Portion 117 Palatine County its Jurisdiction 119 Parliament Forms and Orders of Parliament 119 120 Prohibition where it lies and for what and in what not 155 156 157 158 159 160. 172 173 174 175 176. 181 ad 193 Primer seisin where the King shall have it 198 199 Priviledge of Parliament to be determined by the Court of Parliament 212 213 Processe not to be made out of the Star-Chamben neither for damages nor costs 213 Parish Clerke who shall chuse 219 220 R. Recognizances when forfeited and for what 1 2 3 Rent when determinable by the Lessors death e contra 35 36 Robbery where the Hundred may be sued 64 65 Return when insufficient e contra 135 136 Returnum Album 222 S. Stannaries the Kings Prerogative therein 9 10 11 Salt-petre the Kings Prerogative therein in several points 12 13 14 Simony what it is and the penalty thereof 78 Statute what Officers shall be within the Stat. 5 E. 6. 16. for avoiding corruption 82 83 What is an offence within 11 H. 4. 9. 102 103 Slander fined in the Star-Chamber and why 108 Seat in the Church right thereto 109 110 Scandalum Magnatum what and how punishable 138 139 Sewers the Commissiones therein their power and how antient 179 180 T. Tayle Tenant in Tail may forfeit his Estate and when and for what 6 7 Treason what shall so be accounted e contra 14 15 16 Accessary in Treason who 86 Tenure what shall be said a Tenure in Capite c. 140 141 142 Tithes substracted where to be sued for 165 166 167 Tithes to be paid and for what and the neglect thereof how punishable 193 194 Timber-trees Oakes and Ash who may cut e contra 208 209. 216 217 V. Vowes of what validity in Common Law 99 W. Women Maids c. to take and marry against their Wills is Felony 18 19. 104 Wales Justices there not to be constituted by Commission 50 51 Witnesses Testis singularis not allowable 68 Parties to be no witnesses 72 Widow when and how her election shall determine 117 Winding-sheets felony to steal them 118 Wills and Testaments fees for writing thereof and extortion therein how punishable 177 202 Ward who shall be a ward to the King 203 204 205 Words action for words where it lies 207 208. 221 The End