there without any such assistance to enter in the day time into any dwelling or other house edifice lodgings and chambers And search and examine whether there be any more Fire-hearths and Stoves in the same then formerly returned and certified and what Fire-hearths or Stoves increased or decreased since the former Certificate and after to make the like search yearly And if they shall finde any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tything-man or other Officer as aforesaid to certifie the same under his or their hands to the Clark of the Peace And after a probation thereof by the said Justices at their Sessions the same to be certified to his Majestie 's Remembrancer in the Exchequer and the Officer so appointed by the King unto the same shall after the 24 of June 1664 have power to collect and levy the revenue and duties aforesaid and all arrears of the same XXXVI The said duties shall from time to time be paid after the Feast of St. Michael the Arch-angel and our Lady-day yearly unto the Officers appointed by this Act to receive the same upon demand by such Officer or his Deputy at the house chamber or place where the same duty shall grow due And in case of refusal or default of payment by the space of an hour after such demand such Officer or his deputy may with the assistance of a Constable or other officer as aforesaid in the day time levy the said duty and all arrears thereof by distress and sale of the partie 's goods so refusing or making default restoring the overplus above the said duty and arrears and necessary charges for distraining the said charges not to exceed a moiety of the duty and arrears so levyed XXXVII Provided and enacted no person be distrained or molested for the said duty or any arrears after two years next after the same shall become due nor for any arrears already incurred after 2 years from the 24 of June 1664. * XXXVIII And in case of violent opposition or injury done by any person or persons to any such Officer or his deputy in the due execution of this Act the same proved by Oath before any one Justice of the Peace or chief Magistrate of the City Town or place dwelling near the place who are hereby impowred to administer the said oath It shall be lawful for any such Justice of the Peace or Magistrate to punish such Offendors by imprisonment in the Common Gaol for any time not exceeding one moneth And after the 24 of June 1664. All former Officers appointed to collect the said duty are discharged And the Officers appointed by this to collect the same shall pay the same into the Exchequer to the ends in the former Acts mentioned XXXIX Provided none be employed as aforesaid but upon security first given to the King for due collecting and paying the said Revenue and taking an oath before one of the Barons of the Exchequer or before such persons as shall be authorised to take such security and oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the laws enacted to that purpose and that they shall demand no fee but onely from the King upon pain of being disabled to execute the said office or imployment and upon legal conviction to render treble dammages to the party grieved and shall sign and deliver acquittances for money by them received without any fee or reward whatsoever and such acquittances shall be a final discharge as in the first Act provided XL. If any person leave any house lodging or chamber before any half-year Feast whereon the said duty ought to be paid the next occupier shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any chimney-hearth or Stove chargeable by the said Act the same to be proved either by confession of the party or upon oath before any Justice of the Peace or chief Magistrate or by their view he shall pay double the value of the duty for the same to be levied as aforesaid XLI Houses let apart from lands belonging to them or divided into several dwellings and let to persons who upon poverty may pretend exemption from payment shall pay the duty as they should have done before And no person except almes-houses inhabiting in any City Burrough Corporation Market-Town or Parish which hath above two Chimneys Fire-hearths or Stoves shall be exempted from payment If any question or difference shall arise about the taking any distress or levying any money by virtue of this Act the same shall be heard and finally determined by one or more of the Justices of the Peace near adjoyning or chief Magistrate of the Peace respectively upon complaint in that behalf XLII Every Collector appointed by virtue of this Act shall pay all moneys received into the receit of the Exchequer half yearly within 3 moneths after the Feasts of Michaelmas and our Lady-day upon pain of losing his office and all Justices of the Peace Constables and Officers are to assist the Officers in collecting and levying the said duty XLIII Provided no person be questioned for any arrears due on or before our Lady-day 1664. who shall produce to the Collector a certificate to be approved by the two next Justices of the Peace for their exemption from the said duty for that time according to the Rules in the first recited Act nor any person who hath truly paid the said duty and shall if required make proof thereof before any one Justice of the Peace or other chief Magistrate of the place XLIV All officers to be appointed by the King for collecting and receiving the said duty shall allow to the Petit Constables and Clarks of the Peace all allowances for their pains by former Acts appointed Knights I. Stat. De milit 1 E. 2. Divers causes for which a man may be excused from taking upon him the order of Knighthood See the Statute at large II. Stat. 16 17 Ca. 20. None shall be hereafter compelled by writ or otherwise to take upon him the order of Knight-hood and all proceeding concerning the same shall be void ☞ Labourers Artificers Servants and Apprentices * I. Stat. 2 3 E. 6.15 ARtificers Workmen and Labourers that conspire together concerning their work or wages every of them so conspiring shall forfeit for the first offence 10 l. to the King and if he pay it not within six days after conviction by witness confession or otherwise he shall suffer 20 days imprisonment and during that time shall have no sustenance but bread and water for the second offence he shall forfeit 20 l. and that not paid within 6 days as aforesaid shall suffer the Pillory and for the third offence shall forfeit 40 l. and that not paid within the said time shall again suffer the Pillory lose one of his ears and be
Vessel than belonging to the places of France c. and manned as aforesaid shall be adjudged aliens goods and pay Custonis and Duty to the Town or Port where they shall be imported And all Masts Timber-boards c. of the growth of Spain Canary Islands Portugal Madera Western Islands Muscovy or Russia imported in any other Ships than of the said places And all Turky Commodities otherwise imported than as aforesaid shall pay Customes as Aliens goods LXXII Officers of the Custome may not allow any the Priviledges aforesaid to foreign built ships nor English built ships for forein goods without certificate and proof by oath taken before them and examination whether the Master and 3 fourths of the Mariners be English or of the Countrey from whence the goods come upon pain to forfeit their places LXXIII Proviso to exempt coming from the Straights or Levant though not of the very growth of the said places LXXIII Proviso Not to restrain the importing any East-India Commodities in English-built shipping manned with Mariners as aforesaid from usual places in those Seas to the Southward though not of the said growth LXXIV Proviso That the People of England Ireland Wales Guernsey and Jersey Islands and Berwick may bring in English Ships manned as aforesaid from any Ports of Spain or Portugol or Western Islands called Azores or Madera or Canary Islands all sorts of Commodities of their growth manufacture or Plantations LXXV Proviso Not to extend to Bullion or Goods taken by reprisal by any Ship of England Ireland Wales Guernsey Jersey Islands or Berwick Navigated as aforesaid and having Commission from the King LXXVI Proviso Not to extend to lay Aliens duties upon Corn and certain other goods of Scotland imported in Scotch Ships Navigated by 3 fourths of the Kings Subjects nor to Seal Oyls of Kussia LXXVII Proviso Imposing duties upon certain French Ships to continue so long as a certain duty of 50 Soulz per Tun upon English by the French shall be payable and 3 months after and no longer LXXVIII Sugars Tobacco Cotton Wooll Indico Ginger Fustick or other dying Wood of the production of America Asia or Africa shall not be shipt or conveyed from any the said Plantations but such other as belong to the King or to England Ireland or Wales and there laid on shore upon pain of forfeiture one moity to the King the other moity to the Informer LXXIX Ships of England Ireland or VVales sailing to any English Plantation in America Asia or Africa shall give sufficient sureties to bring goods there laded into England Ireland VVales or Berwick upon Tweâ—d And likewise Ships coming from other Plantations shall give the like Sureties and shall bring Certificates to the respective Governors of the said Plantations from the Officers of the Custome-House of England c. of their having given suâ—h Bonds upon pain of forfeiture of the Ships offending their Goods Tacklings c. And the said respective Governors to return the Bonds so taken twice every year to the chief Officers of the Custome-House of London LXXX Stat. 13 Car. 2. cap. 9. Articles to be observed for the Publique Worship of God punishing certain offences and for the regulating and better governing of the Kings Navies Ships of War and Forces by Sea And impowring the Lord Admiral to grant Commissions to call Court-Marshals LXXXI All faults misdemeanors and disorders committed aâ— Sea not mentioned in the Act to be punished according to the Laws and Customs in such cases used at Sea LXXXII Proviso Not to extend to give the Lord Admiral of England or other his Officers any other Power Jurisdiction or Authority then they ought to have before this Act other then touching the said offences mentioned in the said Articles done upon the main Sea or in Ships or Vessels in the main stream of great Rivers only beneath the Bridges nigh the Sea within the Jurisdiction of the Admiralty and committed only by such persons as be in actual service and pay in the Kings Fleet or Ships at Sea LXXXIII Stat. 16 Car. 2. cap. 7. An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to his Majesties Navy Royal. Vid. the Act being but upon continuance for two years from the First of June 1664. And from thence to the end of the next Session of Parliament LXXXIV Stat. 16 Car. 2. cap. 8. An Act to prevent the delivering up of Merchants ships to Pyrats and Sea-Rovers having sufficient to defend themselves Vid the Act being but upon Continuance for 3 years and from thence to the end of the next Session of Parliament and no longer Silk * I. Stat. 19 H. 7.21 None shall bring or cause to be brought into England any Silk wrought by it self or with other stuff out of England in Riband Laces Girdles Corses Calles Corses or Tissues or Points in pain to forfeit the same or the value thereof to be divided betwixt the King and the seisor or prosecutor But all other Silk both wrought and raw may be imported and sold at pleasure II. Stat. 14 Car. 2. cap. 15. An Act incotporating and for regulating ordering and managing the Trade and Mystery of Silk-throwing See the Act. Southampton I. Stat. 11 H. 7.5 Every man may pull down the Wears and Engines in the Haven of Southampton between Calshord and Rebridge And whosoever levieth any other there shall pay 100 l. to the King II. Stat. 14 H. 8.13 A confirmation of 11 H. 7.5 and the same made perpetual III. Stat. 4 Jac. 10. An Act was made for the confirmation of some part of a Charter granted by H. 6. to the Mayor Bailiffs and Burgesses of Southampton and for the relief of the Town See the Statute at large Spice I. Stat. 1. 19 Jac. 19. All Spice Drugs and other Merchandize Garbleable shall for the fees usually allowed be sufficiently cleansed and Garbled and afterwards sealed by the Garbler thereto appointed or his Deputy before they be sold in pain to forfeit them or the value thereof Also such as after Garbling shall be again mixed with Garble shall likewise be forfeit II. It shall be lawful for the said Garbler to search in Shops Cellars Ware-houses and other places for wares ungarbled and if he find any such to cause them to be Garbled III. The forfeitures of this Act are to be divided betwixt the King and the prosecutor IV. Spices or other Garbleable Merchandize imported and afterwards within eight months exported without being sold or Garbled shall not be within the danger of this Act. Spiritual Laws I. Stat. 13 El. 12. Every Spiritual person under the degree of a Bishop pretending to be a Priest or Minister of the Word by any other form of Institution or Consecration then that established by E. 6. or now used shall before Christmas next in the presence of the Bishop or Guardian of the Spiritualties of the Diocess where he hath his Benefice declare his assent and subscribe to the Articles of Religion
be tried by triers to be hereafter appointed by this Act. XLIX There shall be appointed six triers of insufficient leather and leather-wares which shall be seized within the said jurisdiction of London and when any such leather or wares are seized within any other jurisdiction the chief Officer or Lord of the Liberty or his Deputy shall cause triall thereof to be made by the oath of six honest men upon some Market-day and within fifteen dayes after such seisure made L. The Lord Mayor of London and the head Officer and Lord or Deputy aforesaid shall appoint triers in their several jurisdictions in pain of 5 l. to be divided betwixt the King and the prosecutor and these triers shall do their duties in that Office without delay in pain to forfeit for every default 5 l. LI. Four of the triers in London shall be yearly changed and other four placed in their rooms and none shall continue in that Office there above two years and if any happen to be trier two years together he shall not be chosen again within three years after in pain to forfeit for every moneth he continues otherwise in that Office 10 l. LII No searcher or sealer of leather shall refuse within convenient time to do his office or allow any wares which are sufficient in pain of 40 s. and shall not take bribes or exact more then due fees in pain of 20 l. nor being lawfully elected shall refuse the office in pain of 10 l. LIII All red tanned leather which shall be brought within the aforesaid jurisdiction of London shall be carried to Leaden-hall before it be housed and there searched sealed and registred by the Officers aforesaid for which if it were sealed before out of the said jurisdiction they shall take half fees onely LIV. None shall sell any tanned leather within the aforesaid jurisdiction of London before the Officers there have searched and sealed it in pain to forfeit the same or the value thereof LV. None shall withstand the searchers and sealers in the due execution of their Office nor the seizing of insufficient wares in pain of 5 l. LVI The abovesaid searchers and sealers shall register all tanned leather sold in Fairs or Markets together with the prices thereof and the names and dwelling-places of the buyer and seller being thereunto required by the said buyer and seller taking as well of the buyer as the seller 2 d. for every ten hides backs or buts of leather and 2 d. for every six dozen of Calf-skins or Sheep-skins and no more LVII None shall sell any tanned leather red and unwrought before it be registred in pain to forfeit the value thereof LVIII None shall buy any tanned leather before it be searched and sealed nor carry it out of the Fair or Market before it be registred in pain to forfeit the same or the value thereof LIX The Currier within the jurisdiction of London aforesaid which currieth not his leather sufficiently and every other Artificer there using tanned and curried leather which putteth into his wares leather insufficiently tanned or curried shall forfeit for every such default the said wares and the just value thereof LX. No such Artificer shall fell any wares but in open Shop Fair or Market where due search may be made in pain to forfeit the wares otherwise sold and besides ten shillings for every such offence LXI Here the summes of money aforesaid forfeited shall be divided into three parts whereof the King is to have one the prosecutor another and the City Corporation or Lord of the Liberty the third LXII The value of the wares forfeited within the jurisdiction of London after praisement shall also be divided into three parts whereof one shall be given to the seisor another to the Chamber of London and the third to the poor And in all other places one third part to charitable uses another to the Head-Officer or Lord of the Liberty and the third to the seisor or seisors for his or their pains LXIII None shall buy any forfeited wares to sell them again in pain to forfeit for every parcell thereof 3 s. 4 d. LXIV This Act shall not prejudice the authority of the Universities so that their Officers observe the provision of this Act under the penalties therein contained LXV The Hides or Skins of Oxe Steer Bull Cow Calf Deer Goats and Sheep being tanned or tawed and salt Hides are reputed Leather within the letter of this Statute ☞ LXVI Justices of Assize or Gaol-delivery and of Peace Stewards of Leets the Mayor of London and Head-Officers within their several Precincts have power to hear and determine these offences LXVII The King's Steward of a Leet or Liberty shall have the the same authority and be subject to the same penalties that a Lord of a Leet hath and is subject to LXVIII It shall be lawfull for all Artificers save onely Shoemakers between September and the twentieth of April to use dry curried and frised leather being well tanned according to this Act. LXIX This Act shall not extend to Wales LXX If any Customer or other such Officer having notice of the transporting of any leather do not use his best endeavor to seize it or being transported do not disclose it within fourty days he shall forfeit for the first default 100 l. and for the second lose his place And every such Officer for making a false certificate of the arrivall of any leather shall also forfeit 100 l. LXXI This Act shall not extend to Scotch Hides brought to Barwick LXXII Licenses to dispense with the offences prohibited by this Act shall be void LXXIII Stat. 4 Jac. 6. There shall be no penalty for housing buying or selling Sheep-skins unsealed LXXIV None shall sell tanned leather by weight in pain to forfeit the same or the value thereof to be divided betwen the King and the prosecutor See Title Leather ☞ Corn and Grain â—â— Stat. 5 Eliz. 12. None but a married man and housholder of the age of 30 years at least shall take upon him to be a Badger Lader Kidder Carrier Buyer or Transporter of Corn or Grain Butter and Cheese neither he without licence in open Sess of the County where he hath dwelt by the space of three years before under the hands and seal of at least three Justices 1. Qu. in pain of 5 l. which licence shall remain in force for one year onely from the date thereof and all licenses otherwise granted shall be void ☞ II. The Justices of Peace in Sessions shall at their discretions take recognisances of Badgers c. that they shall not forestall or ingross or put in practice any Act contrary to 5 and 6 E. 6.14 III. The Clerk of the Peace shall write and enter the license and recognisance and his fees shall be viz. for writing the license 12 d. for writing the recognisance 8 d. and for entring them both into a Register-book 4 d. which Book he shall bring to every Sessions IV. This
money shall be collected half-yearly within 6 days after the same shall grow due and acquittances shall be given by the Officers collecting it which shall be good discharges for the same and distress and sale of the goods of the party in case of non-payment rendring the overplus after the duty paid and necessary charges for levying it XIII Constables and other such officers shall pay in the money collected within 20 days to the High-Constables of the several hundreds and limits and shall have 2 d. in the pound for collecting the same and shall deliver in writing to the High-Constables the names of such persons as have paid and such as have not paid the same XIV The High Constables shall pay the moneys by them received within 10 days unto the High-Sheriffs deducting one penny in the pound for their pains and deliver the several returns which they received from the Constables aforesaid and the Sheriffs shall return the moneys received and the names of the defaulters into the Exchequer deducting 4 d. in the pound 3 d. whereof to the Sheriff for his pains and 1 d. to the Clark of the Peace which the said Clerk may recover by Action of debt XV. Proviso making the Sheriffs of London and Middlesex Surrey for that Burrough of Southwark and all other Sheriffs of Cities and Towns being Counties Collectors within their limits and the Constables and other Officers to deliver duplicates to the said Sheriffs and they enabled to levy the said moneys and give acquittances without fees and within 40 days to pay the same into the Exchequer with the names of defaulters where no distress is found deducting as to other Sheriffs and Clarks of Peace and the Officers of the Exchequer shall discharge persons paying without fees and issue and process against such as fail of payment where no distress can be found XVI This Revenue shall be duely answered into the Exchequer and shall not be lyable to or charged with any gift or grant and any Non obstante to the contrary shall be void and the grantee an accomptant to the King and the Court of Exchequer injoyned to issue out process accordingly XVII If any Action be brought against any persons for execution of any thing within this Act they may plead the general issue and upon Non-suit discontinuance or verdict against the Plaintiff the Defendant shall recover treble Costs XVIII Increase and decrease of Hearths and Stoves shall in like manner be accounted and returned by duplicates in writing into the Exchequer and there discharged upon decrease without farther pleading XIX No prosecution for any arrearages of this duty unless suit be commenced within 2 years after they become due XX. Proviso that no person who by reason of poverty is exempted from usual taxes be charged with any duties in this Act. XXI Proviso for exempting from payment all houses under 20 s. value per annum upon certificate by the Minister and Overseers of the poor to the 2 next Justices of the Peace XXII Proviso That none shall accept or procure any gift pension or grant from the King of this Revenue upon penalty to forfeit double the value thereof one moiety to be to the use of the poor to be recovered by the Church-wardens of the Parish the other Moiety to him that will sue for the same XXIII Proviso not to charge Blowing houses Stamps Furnaces Kilns private ovens nor Hospitals or Almeshouses not having 100 l. per annum of endowment XXIV The occupier of the Hearth for the time being shall be charged his Executors and Administrators and not the Landlord XXV No person indebted to the King for any the said duties shall be priviledged as a debtor to sue in the Exchequer or assign to the King any such debt XXVI Stat. 12 Car. 2. ca. 23. Certain Impositions upon Beer Ale and other liquors for the increase of the King's revenue during his Life See the Statute at large XXVII The same setled upon the King his heirs and successors for ever Stat. 12 Car. 2. ca. 24. XXVIII Stat. 15 Car. 2. ca. 14. Every inhabitant occupier of any house lodging c. shall upon notice after next Mich. Sessions give a true accompt in writing under his hand to the Constable of all the Hearths and Stoves in such house c. who shall with 2 other inhabitants of the Parish in the day time enter into such house and upon his own view compare and see if the same be truly made and indorse the said Account to what he finds upon his view and return the same to the High Constable together with a book or roll fairly written with 2 Colums one containing the names of the persons and number of hearths and stoves chargeable by the said Act the other the names of the persons and number of Hearths and Stoves not chargeable which being received and compared shall within 6 days be transmitted to the 2 next Justices of the Peace who are impowred to examine the said High-Constables and other Officers concerning the truth and faithfulness of their actings in the premisses which being done the said Justices are within 10 days to transmit the same to the Clark of the Peace who within 20 days is to engross the same to be kept in the County and within 2 moneths to engross and return duplicates signed by himself and 2 Justices of the Peace into the Exchequer XXIX Penalty for omitting to return every Hearth upon the occupier 40 s. XXX Constables and Officers neglecting their duty shall forfeit 5 l. XXXI High Constables neglecting to perform their duties 10 l. XXXII Constables and Officers changing or leaving their offices for that year are notwithstanding enabled and required to perform the duties in relation to the premisses and for every day they shall neglect to gather the moneys due shall forfeit 20 s. and such as shall gather and distrain for the same may call to their assistance any 2 sufficient Inhabitants XXXIII Sheriffs may appoint Deputies under the Seal of their Offices or their own hand and seals for collecting the said duties XXXIV Provided the Lord Treasurer and Chancellor of the Exchequer may give further allowance to the Clarks of the Peace for their pains in engrossing and returning duplicates into the Exchequer XXXV Stat. 16 Car. 2. ca. 3. Reciting the said defects in the former Acts. Enacted that the King his heirs and successors may make officers for receiving and collecting the duties upon Fire-hearths and Stoves by the former Acts and for viewing and numbring the same and for inspecting and examining the several Rolls Certificates and Returns made and to be made into the Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers accompanied with the Constable or Tything-man Treasurer or under-Treasurer or other publick or proper Officers of the Place who are required to attend upon this occasion in all Parishes and places where there are no Constables Tithing-men or other publick Officer
Stat. 3. LXVIII Stat. 14 Car. 2. ca. 9. Officers souldiers and mariners maimed indigent and aged which continued faithful to the King and the Widows and Orphans of such as have died in the King's service shall be provided for by pensions or otherwise by the Justices of the Peace in every County See the Statute at large LXIX Stat. 15 Car. 2 ca. 4. Stat 3. For better ordering the forces in the several Counties of this Kingdom The several Lievtenants nominated by his Majesty his Heirs and Successors within their limits and in their absence their Deputy-Lievtenants or any two of them may lead and exercise or by warrants under their hands and seals cause to be led or put in readiness all persons raised arraied or weaponed according to the said Act and this Act. LXX All persons charged upon pain of forfeiting 5 s. shall pay and allow 2 s. 6 d. by the day to every trouper for maintenance of the man and horse and upon pain of 2 s. shall allow 1 s. by the day for so many daies as they shall be absent by occasion of Muster unless agreement be made to the contrary the said penalty to be paid to the Souldier to whom such pay is denied to be demanded within 6 weeks after default or at or before the next Muster and not afterwards LXXI If any persons charged according to the said Acts refuse or neglect by a reasonable time to be appointed to provide and furnish Foot-souldiers and Arms as charged upon them the Lievtenants and Deputy-Lievtenants or any 3 of them may inflict a penalty not exceeding 5 l. for every such offence to be levied as followeth and imployed to the same uses in default whereof the same was imposed LXXII The Lievtenants and Deputy-Lievtenants or any 3 of them may appoint the Constables of every Parish to provide upon penalties not exceeding 40 s. for every omission so many sufficient Foot-arms with wages and other incidents as they shall think fit according to the rules and proportions of the said Acts upon revenues under 50 l. per annum and personal estates under 600 l. within their Parishes LXXIII If any person charged shall refuse or neglect to find a Foot-souldier or pay him according to the rate signed by the Lievtenants Deputy-Lievtenants or any 3 of them the Constables by warrant for that purpose may levy the same by distress and sale of the offender's goods restoring the overplus the charges of distraining deducted and the Tenant may pay the same for any Land-lord and deduct the same out of his Rent and in default the Tenant's goods may be distrained and sold for the same LXXIV Once in every year every Souldier shall pay the Muster-master such summ not exceeding 1 s. an horse-man and 6 d. a Foot-souldier as the Lievtenants or Deputy-Lievtenants or any 3 of them under their hands and seals shall direct which may be levied by distress and sale and every Muster-master shall be an Inhabitant of the respective County LXXV Every Musketier shall bring to every Muster half a pound of powder and half a pound of bullets and if serving with a match-lock 3 yards of match and every horse-man a quarter of a pound of powder and as much of bullets at the charges of the persons charged with the said horse or foot-arms upon pain of 5 s. for every omission thereof LXXVI The Lievtenants or Deputy-Lievtenants or any 3 of them may for 3 years from the 24 of July 1663. summon and continue together the said trained forces so long as they shall judg convenient in lieu of certain daies appointed for musters by the said Act entitled An Act for ordering the Forces in the several Counties of this Kingdom LXXVII Provided any Troop or Company may be kept upon such duty by virtue hereof 14 daies and no longer in any one year LXXVIII Provided every commissioned Foot-officer in the Trained bands or Militia be excused from finding and contributing for horse and foot-souldier and arms for his whole estate if he be charged but with one horse c. LXXIX Each Constable or other officer upon pain of 40 s. by virtue of any Warrant to them from the Deputy-Lievtenants or any three of them shall levy all arrears and proportions of money unpaid charged for raising of forces as aforesad by virtue of the said Act by distress and sale of the offenders goods LXXX Every Trouper and foot-souldier shall be subject to such exercise and duty as others charged by the said Act and observe order upon like pains and penalties for any offences and to be levied by the same waies and means as in the said Act. LXXXI The Lievtenants and Deputy-Lievtenants or any 3 of them may dispose of so much of the 4th part of one moneths assessment mentioned to be levied by the said Act yearly to the inferiour officers for their pains as to them shall seem expedient LXXXII Every person sued for any thing done in execution of this Act may plead the general issue and upon non-suit or discontinuance of the Plaintiff recover double costs and no action shall be brought against any such unless laid in the proper County and commenced within six moneths after cause of action LXXXIII All forfeitures penalties and payments in case of defaults may be levied and recovered by warrants under the hands and seals of the Lievtenants and Deputy-Lievtenants or any 3 of them by sale of the goods of the offenders and for want of goods by imprisonment until satisfaction LXXXIV All persons which since the 25 of March 1662. have acted or done any thing in dismantling of any Cities or Towns or demolishing of walls or relating thereunto are indemnified LXXXV No person who hath an Estate of 200 l. per annum or personal estate of 2000 l. shall be charged towards finding any foot and any person who hath 100 l. per annum and under 200 l. per annum or a personal estate of 1200 l. and under 2000 l. may be chargeable towards horse or foot as the Deputy-Lievtenants or any three of them shall think fit this not to extend to Cities Corporations and Port-towns LXXXVI Provided the Warden of the Cinque-Ports and their members in absence of the Lievtenants and Deputy-Lievtenants may execute this Act and the members thereof not to be charged for their estates lying out LXXXVII Proviso as in the former Act touching the Parish of St. Martin called Stamford Baron in the Borough of Stamford Com. Lincoln LXXXVIII Seamen Vid. Ships num 83. Captives I. Stat. 16 17 Car. 24. An Act for the relief of them taken by Turkish Moorish and other Pirates and to prevent the taking of others in time to come See the Stat. at large Castles and Fortresses I. Magna Charta 19. No Constable of Castle or his Bailiff shall take provision of a stranger without ready money and one that dwelleth where the Castle is shall be paid for it within fourty dayes II. Magna Charta 20. A Knight shall
to be paid by the maker ob Vineger beer by the common brewer every barrel 6 d. Every gallon of Strong-water or Aquavitae sold to be paid by the maker 1 d. Every barrel of Beer imported from beyond Sea 3 s. Every tun of Sider or Perry imported 5 s. Every gallon of Spirits made of Wine or Sider imported from beyond Sea 2 d. Every gallon of Strong-water imported 4 d. Every gallon of Coffee sold to be paid by the maker 4 d. Every gallon of Chocolate Sherbet and Tea sold by the maker 8 d. II. The rates upon forein liquors imported shall be paid by the Merchants importing in ready money before landing thereof III. All common Brewers of Beer and Ale shall once in every week And all Inn-keepers Alehouse-keepers Victuallers and retailers of Beer Ale Sider Perry Metheglin and Strong-water every moneth make particular entries thereof at the office of Excise within their limits IV. All common Brewers for omitting such entries shall forfeit 10 l. Inn-keepers 5 l. and Alehouse-keepers 20 s. for every default V. Common Brewers not paying their duties within a week after entrey shall pay double the value Inn-keepers Alehouse-keepers Victuallers and retailers not paying within a moneth after entrie shall pay double the value VI. Provided none dwelling in Market-towns be compelled to make entries or payment but in the said Town none other dwelling out of such Market-town but in the next Market-town to the place where he inhabiteth VII The Commissioners and Sub-commissioners appointed by the King may under their hands and seals appoint so many Gagers as shall be needfull who may enter into the houses of Brewers Inn-keepers c. to gage all Coppers Fatts and Vestels in the same and thereof make return in writing to the Commissioners and Sub-commissioners of Excise under whose office and limits they live and upon refusal may forbid the parties to sell any Beer c. and 10 l. forfeiture if the party shall afterwards sell VIII The Gagers shall return 36 gallons after the Ale-quart for a Barrel of Beer IX Brewers and Retailers shall observe the usual prices saving the Excise to the Brewer X. Allowance shall be made to the Brewers for wast and leakage viz. 3 barrels upon 23 for Beer and 2 barrels upon 22 for Ale which upon false entry proved before the Commissioners of Excise or any 2 of them the Brewer shall lose and forfeit the said allowance for 6 moneths XI Brewers shall deliver no Beer to Retailors until the Excise be paid Provided persons being no common Brewers paying the Excise shall not be subject to the penalties in this Act. XII Commissioners may compound for the Excise with Inn-keepers Alehouse-keepers and Victuallers within their devisions XIII The Lord Treasurer or such Commissioners as the King shall appoint may contract with persons for the farming any the rates or duties in this Act for any term not exceeding 3 years XIV Provided persons to be appointed by the Justices of the Peace within six moneths after this Act to have the refusal of contracting for the Excise in their respective Counties XV. Forfeitures and offences upon this Act in London shall be heard and determined before the Commissioners of Excise or Commissioners of Appeal and in the several Counties before 2 Justices of the Peace and upon their neglect or refusal by 14 days space after complaint and notice to the offendor then the Sub-commissioners for the Town or place c. or major part of them to hear and determine the same saving an appeal in case of wrong to the quarter Sessions who are to summon the parties and may proceed to levy the forfeitures within this Act. XVI Provided the said forfeitures and penalties may be mittigated or compounded 3 fourth parts of which shall go to the King and one fourth to the informer XVII One principal office of the Excise erected in London to be mannaged by such officers as the King shall appoint XVIII None shall be capable to meddle in any office of the Excise until he shall before 2 Justices of the Peace or one of the Barons of the Exchequer take the Oath of Supremacy and Allegiance and the Oath following You shall swear to execute 〈…〉 truely and faithfully without favour or affection and shall from time to time true accompt make and deliver to such person and persons as his Majestie shall appoint to receive the same And shall take no fee or reward for execution of the said office from any other person then from his Majesty or those whom his Majesty shall appoint in that behalf XIX London Westminster Southwark and Parishes under the bills of Mortality shall be under the goverment of the head office and be open at certain times of the day XX. The General issue may be pleaded in any action brought against persons doing any thing in execution of this Statute and the defendant upon nonsuit or verdict for the the defendant to return double costs XXI Writs of raciorari shall supersede no proceedings See Accompt num XI XXII See Stat. 1. 5 Car. 2. cap. 12. Stat. 3. An additional Act for better ordering and collecting the duty of Excise and preventing the abuses therein and Stat. 15 Car. 2. cap. 13 Stat. 3. An explanation Act for recovery of the Areares of Excise not pardoned by the Act of Oblivion XXIII Stat. 16. 17 Car. 2. cap. 4. After the 8 of November 1665 all Farmers of Excise or any of them within their respective devisions may use and put in execution all such powers as Commissioners or Sub-commissioners of Excise may by several Statutes for Excise for the levying the same Except the judicial part for determining offences and imposing or mitigating or compounding fines or penalties Excommunication I. Sententia lata super Chartas 38 H. 3. Vide Rast Excom 1. In the year 1254 by the concent and in the presence of the King the Lords and other estates of the Realm Boniface Arch-bishop of Canterbury and all the other Bishops then present being apparelled in Pentisicals with tapers burning do in Westminster hall solemnly denounce a heavy curse and Excommunication against all such as shall violate or break the liberties of the Church or Customs and Liberties of the Realm and especially contained in Mag. Char. and Cart. de Foresta II. Articuli Cler. 7. 9 E. 2. The King's letters that Ordinaries shall absolve excommunicate persons shall not issue forth any more unless it be found that the King's liberty is prejudiced by such Excommunication III. Articuli Cler. 12 9 E. 2. The writ of Excommunicato capiendo shall not be denyed for the priviledge of being of the King's tenure and that the party ought not to be cited out of their Parish IV. Stat. 9 E. 3. Writs are ordained for the Bishops to excommunicate all perturbers of the peace of the Church and King felons maintainers and conspirators of felonies false Jurors and maintainers of false quarrels every Sunday and double feasts c. in
and for such provision as was made by an Act 1 Jac. cap. 32. exp certain duties are imposed the Owners and Masters of Ships repairing thither to be paid to the Treasurer of the said Harbor by the Collectors appointed for the same XV. The Master and Wardens of the Trinity house London appointed to oversee the works of the said Harbour and to call the Treasurer and Collectors to accompt yearly for 7 years XVI The Harbour being repaired the said Master and Wardens are to inform the Lords of the Privy-council who may thereupon suspend further payments upon this Act. XVII Proviso To exempt from any payment all Ships and Vessels belonging to the Ports of Weymouth and Melcome Regis and Lyme Regis and not to extend to any Collection exceeding 22000 l. and then to ceas See title Dover ☞ Hawks and Hawking I. Stat. 34 E. 3.22 A Hawk taken up shall be delivered to the Sheriff who after Proclamation made in the good Towns of the County if challenged shall deliver her to the right owner II If the Hawk were taken up by a mean man and be not challenged within four moneths the Sheriff shall retain her satisfying the party for taking her But if by a man of estate who may conveniently keep an Hawk the Sheriff shall restore her to him again he answering for the charge of keeping her III. If any do take away or conceal a Hawk he shall answer the value thereof to the owner and suffer two years imprisonment and in case he be not able to answer the value he shall remain in prison a longer time IV. Stat. 37 E. 3.19 He that steals and carries away an Hawk not observing the ordinance of 34 E. 3.22 shall be deemed a Felon Hexhamshire I. Stat. 14 El. 13. Hexham and Hexamshire with the liberties thereof shall be within the County of Northumberland Hides see Leather ☞ High-wayes I. Stat. 14. 15 H. 8.6 An Act was made for the altering of the High-ways in the weld of Kent See the Statute at large II. Stat. 26 H. 8.7 The Stat. of 14. 15 H. 8. shall extend to Sussex III. Stat. 37 H. 8.3 An Act for the keeping of Huntington land near Chester in good repair See the Statute * IV. 1 M. Parl. 2. cap. 5. Justices of the Counties of Dorset and Somerset shall assess those Countreys towards the repair of the cawsey lying betwixt Shaftsbury and Sherborn See the Statute V. Stat. 2 3 P. M. 8. The Constable and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday in Easter-week call together some of their neighbours and then make choice of two within the Parish to be Surveyors of the High-ways the year following who shall forthwith take that office upon them in pain to forfeit 20 s. apiece The said Constables and Churchwardens shall then also nominate four days betwixt that time and Midsummer to be set apart for the amendment of the High-ways and shall give publick notice thereof in the Chuch the next Sunday after Easter VI. The Officers and days being thus appointed every one having a team or Plough-land either in arable or pasture is chargable to send 2 able men with a team and tools convenient to work 8 hours upon every one of those 4 days in pain to forfeit 10 s. for every day that default is made And every Cottager is bound to work himself or to find a sufficient labourer to work for him as aforesaid in pain to forfeit 12 d. for every day VII The Surveyors have power to appoint instead of a team two able labourers to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit 12 d. for every day that either of them makes default VIII Stewards in Leets have power to enquire after the breach of this Act and to set fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented estreats thereof under their hands and seals viz. one to the Bailiff or High-Constable of the Liberty and the other to the Constables and Churchwardens of the Parish where the default was made IX In default of presentment thereof in Leets the Justices of Peace in Sessions shall inquire thereof and set such fines as they or two of them 1 Qu. shall think fit whereof the Clark of the Peace shall also deliver indented estreats under his hand and seal in like sort as aforesaid X. Their estreats shall be a sufficient warrant for the Bailiff or Chief Constable to levy the said fines by way of distress and if no distress can be found or the party do not pay the fine within 20 days after lawful demand thereof he or they shall forfeit double so much All which fines and forfeitures shall be imployed towards the amendment of the High-ways XI The Bailiff or High-Constable shall yearly betwixt the first of March and the last of April render unto the Constables and Churchwardens unto whom the other part of the estreats was delivered a true accompt of the money received by him in pain of 40 s. and the said Constables and Churchwardens have power to call the said Bailiff or High-Constable before two or more Justices of Peace 1 Qu. to pass his accompt who have power to commit him until he shall have satisfied all the arrearages by him received save 8 d. in the pound for his own fee and 12 d. in the pound for the fee of the Steward or Clark of the Peace and in this case the succeeding Constables and Churchwardens have the same power that their predecessors had * XII Stat. 5 El. 13. It shall be lawful for the Surveyors to turn a Water-course hurtful to the High-way into any man's ditch or to take rubbish ready digged in or near any man's quarter and for default of gravel c. elsewhere to dig in any several ground so they forbear to dig in Houses Orchards Gardens and Meadows or to make a pit above 10 yards but if they fill not the place again with earth to be done at the costs of the Parish within one moneth after it shall be so digged they shall forfeit 5 marks to the owner of the ground to be recovered by Action of debt XIII The hedges and ditches adjoyning to the High-way shall be kept low and scoured and the trees and bushes growing in the High-way cut down by the owners of the grounds which shall be inclosed by the said hedges and ditches XIV Instead of the four days appointed by the Stat. of 2 3 P. M. 8.6 days shall hereafter be observed XV. The Surveyors or one of them shall present every default within one moneth after it shall be made to the next Justice of Peace in pain of 40 s. and the said Justice of Peace shall certifie the same presentment at the next General Sessions in pain of 5 l. where the Justices shall have power to inquire of the default and shall set such fine upon the Delinquent as
whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives shall be void to all intents and purposes X. Stat. 13 El. 10. All Leases Conveyances or estates made by any Master or Fellows of any Colledge Dean and Chapter or any Cathedral or Collegiate Church Master or Gardian of any Hospital Parson Vicar or any other having any spiritual or Ecclesiastical living or any houses lands titles or other hereditaments being parcel of their Colledge Cathedral Chapter Hospital Parsonage Vicarage or other spiritual promotion or belonging thereunto other then for 21 years or 3 lives from the making thereof and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during the term shall be utterly void to all intents and purposes XI This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or collegiate Church XII This Act shall not extend to any Lease hereafter to be made upon surrender of a former Lease or by reason of any covenant or condition contained in any former Lease and still continuing so as the Lease to be made contain not moe years then the residue of the years of such former Lease nor any less rent then is thereby reserved XIII Stat. 13 El. 20. No lease made of any Benefice or Ecclesiastical Promotion with Cure or any part thereof and not impropried shall indure any longer then while the lessor shall be ordinarily resident and serving the Cure of such Benefice without absence above 80 dayes in any one year but that every such Lease so soon as it or any part thereof shall come into any possession or use above forbidden or immediatly upon such absence shall cease and be void And the Incumbent so offending shall lose a years profit of his Benefice to be distributed by the Ordinary amongst the poor of the Parish XIV Provided that every Parson allowed to have two Benefices may demise one of them upon which he is not most ordinarily resident to his Curate onely but such Lease shall indure no longer then during such Curates residence without absence above 40 days in any one year XV. Stat. 14 El. 11. In the Statute of 13 El. 20. these words so soon as it or any part thereof shall come to any possession or use above forbidden or are repealed XVI All Bonds Contracts Promises and Covenants hereafter to be made for suffering or permitting any person to injoy any Benefice or Ecclesiastical Promotion with Cure or to take the fruits thereof other then such Bonds and Covenants made for assurance of any Lease heretofore made shall be adjudged of such validity and not otherwise then as Leases thereof made The like law is of Leases Bonds Promises or Covenants made by Curates XVII The Branch of the Statute of 13 El. 10. made to avoid certain Leases made by certain persons having Spiritual Livings shall not extend to houses scituate in Corporations or Market-towns or the suburbs thereof nor unto the Grounds appertaining to such houses so as they be not the dwelling houses of such persons nor have above 10 acres of ground belonging to them XVIII Provided that no Lease shall be made by force of this Act in reversion or without reserving the accustomed yearly rent at least or without charging the Lessee with reparations or for longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in fee-simple of as good value and as great yearly value as the houses so alienated XIX Stat. 18 El. 6. Upon Leases made by Colledges in the two Universities Winchester and Eaton the third part of the rent shall be reserved in Grain to be delivered to them yearly at days prefixed after the rate of 6 s. 8 d. for a quarter of Wheat and 5 s. for a quarter of Malt or under those prices or it shall be in the Election of the lessee to pay them in kind at the best rates found in those several Markets respectively the next Market-days before the said day prefixed for the payment or delivery thereof and all Leases otherwise made and all bonds and assurances given to the contrary shall be void which said grain or mony shall be expended for the relief of the Commons and diet of the said Colledges respectively without fraud in pain of deprivation of the Chief Rulers of such Colledges respectively and of all others consenting thereunto XX. This Act shall not extend to any Lease to be made by the President and Scholars of S. Johns Colledge in Oxford of the Mannor of Fifield to the Heir male of Sir Thomas White Knight late Alderman of London and founder of the said Colledge XXI Stat. 18 El. 11. All leases made by such persons as are mentioned in the Stat. of 13 El. 10. where another Lease is in being not to be expired surrendred or ended within three years next after the making of such new lease shall be void And all bonds and covenants for removing of any such lease contrary to this Act or to the said Statute of 13 El. 10. shall also be void Howbeit this Act shall not extend to any Lease or Leases heretofore made by any such person or persons XXII After complaint to the Ordinary and sentence given upon any offence committed by the Incumbent against the Stat. of 13 El. 20. whereby he ought to lose the profits of his Benefice the Ordinary within two moneths after such sentence given and request made by the Church-wardens or one of them shall grant the sequestration thereof to such Inhabitant or Inhabitants there as to him shall seem convenient and upon default in the Ordinary it shall be lawful to every Parishioner there to retain his tithes and for the Church-wardens to take the profits of the Glebe and other rents and duties of such Benefice to be imployed to the use of the poor until the sequestration shall be committed by the Ordinary and then the Church-wardens and Parishioners are to accompt to him or them to whom such sequestration shall be committed and he or they shall imploy the said Profits to such uses as by the said Statute of 13 El. 20. are appointed in pain to forfeit the double value of the profits withholden to be recovered in the Ecclesiastical Court by the poor of the Parish XXIII Stat. 43 El. 9. All judgments hereafter to be had for the intent to have or injoy any lease contrary to the Statutes of 13 El. 20. 14 El. 11. and 18 El. 11. or any of them shall be deemed void in such sort as Bonds and Covenants are appointed to be void which are made for that purpose XXIV Stat. 12 Car. 2. cap. 31. Leases and grants by Colledges and Hospitals and Elections of Heads Masters and Fellows made during the late troubles confirmed under some Exceptions and Provisos XXV Stat. 13 Car. 2. cap. 4. The King enabled to make Leases Grants and
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
addition whereby the party may be known Neither shall any issues go forth against any person otherwise returned in the Original Pannel or Tales LXXIII No Sheriff Bailiff or other shall â—â—â—ie any Issues so estreated of any other person then of such as by the estreat ought of right to be charged therewith in pain that every Clerk who shall write or deliver or procure such estreat to be delivered or put in ure and every other person offending contrary to the meaning of this Act shall forfeit 5 Marks to the Queen and as much to the party grieved to be recovered by Action of debt c. LXXIV Justices of Oyer and Terminer Assize and Peace have power to hear and determine the offences aforesaid and to issue forth Process for the levying of the said forfeitures ☞ LXXV Stat. 27. El. 12. Every Under-Sheriff before he intermeddles with his Office shall before one of the Justices of Assize or the Custos Rotuloâ—um of the County or two Justices of the Peace there 1. Qu. take the oath of Supremacy which see in Crown and also the Oath hereafter written in pain to forfeit treble damages to the party grieved if he commit any Act contrary to the said Oaths or either of them LXXVI The Form of the other Oath is as followeth LXXVII J. A. B. shall not use nor exercise the Office of Under-Sheriff corruptly during the time that I shall remain therein neither shall or will accept receivâ— or take by any colour means or device whatsoever or consent to the taking of any manner of see or reward of any person or persons for the empannelling or return of any Eaquest Jury or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realm But will according to my power truly and indifferently with convenient speed impannel all Jurors and return all such Writ or Writs touching the same as shall apportain to be done by my duty or office during the time that I shall remain in the said Office So help me God LXXVIII No Bailiff of Franchise Deputy or Clerk of a Sheriff or Under-Sheriff shall intermeddle with their several Offices before they have taken the said Oaths as aforesaid altering onely the termes of the Office in pain to forfeit 40 l. to be divided betwixt the King and the prosecutor LXXIX Justices of Assize and Justices of Peace in Sessions have power to hear and determine the defaults and offences aforesaid and upon conviction to award process accordingly ☞ LXXX Stat. 29. El. 4. No Sheriff Under-Sheriff Bailiff of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an Extent or Execution then after 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. in pain to forfeit treble damages to the party grieved and besides 40 l. betwixt the Queen and the prosecutor LXXXI This Act shall not extend to fees of Executions within Cities or Corporations LXXXII Stat. 43. El. 6. If any Sheriff or other taking upon him to break Writs do make any warrant for summons or upon any Writ Process or suit or for any arrest or attachment of body or goods against any person to appear in any of the Queens Courts not having the Original Writ or Process warranting the same upon complaint thereof to the Justices of Assize of the County where the offence was committed or the Judges of the Court out of which the Process issued the party so offending and all procurers thereof shall be sent for before the same Justices or Judges by attachments or otherwise and shall be examined upon their oaths concerning the same LXXXIII If the offence shall be confessed or proved by sufficient Witnesses the said Justices or Judges shall forthwith commit the offender to the Goal of the County or Court where he shall be examined from whence he shall not be enlarged until he have paid the party grieved 10 l. and all his Costs and Damages to be assessed by the same Justices or Judges and likewise 20 l to the Queen LXXXIV Stat. 21. Iac. 5. A Quietus est shall be a sufficient discharge for a Sheriff unless he be questioned within four years after the grant thereof LXXXV Every Officer or Minister that shall send out or cause to be sent out any Writ or Process or by whose default any Writ or Process shall be sent out contrary to this Act shall for every such offence forfeit and pay to the party grieved 40 l. and his costs and damages to be recovered by Action of debt c. LXXXVI Stat. 14. Ca. 2. Ca. 21. The unnecessary charges and tedious attendance in passing the accompts of Sheriffs being very burthensome it is Enacted that Sheriffs shall not keep Tables for receipt of any other then their own Family or Retinue nor shall send any Presents to any Judge of Assize nor give any gratuity to any Officer nor have more then 40 Men-servants nor under 20 in any County in England nor under 12 in Wales upon forfeiture of 200 l. for every default Proviso this clause not to extend to the Sheriffs of Middlesex and London nor Westmerland nor any Sheriff of a City and County or Town and County LXXXVII Sheriffs within England shall not be charged to answer any illeviable seisure Farm Rent Debt or other thing whatsoever which was not writ in process to them to be levyed and the persons Lands and Tenements of which the same is levyable particularly expressed but shall be discharged without Petition Plea or other trouble or charge whatsoever LXXXVIII All seisures made before 1 Jac. R. 1. and yet remaining upon the Sheriffs accompts and all seizures and debts pardoned are discharged and to be left out of their Accompts and no process to issue for levying the same nor any other Rent or Farm not particularly set forth or which hath been unanswered for 40 years past And all other dead Farms and seisures and all desperate illeviable and unintelligible debts shall be removed out of the annual Roll and Sheriffs charge into the exannual Roll there to remain until revived and made answerable by Commission LXXXIX The several remembrancers shall enrolle and certifie the Ingroser of the great Roll all debts chargeable upon Sheriff by their Returns into the Exchequer upon Writs of fieri fac levari fac Capias and other process and all Fines and Amercements upon Sheriffs already set before the first of Febr. 1662. And all Debts Fines and Amercements hereafter set before the first day of the next Terme after return of such Fines and Amercements set that so they may be charged and comprehended within the Quietus est upon pain of 40 l. upon the Officer for every default the one moyety to the King the other to the party grieved And none shall be Sheriff except he
have Lands in the same County sufficient to answer the King and his people LXXXX Every Sheriff having obtained a Quietus est as by the Act 21. Iac. Ca. 5. he might the Sheriff his Heirs Executors Land and Tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgement given within 4 years after the same and every Officer by whose default any process shall be sent contrary to this Act shall incur the same penalty as aforesaid Provided this Act not to extend to the Counties of Chester Lancaster Durham or the Counties of Wales being Counties Palatines as to the manner of their accompting who are to accompt before the respective Auditors as formerly 2. Not to extend to enjoyn the Remembrancers to tranâ—tribe to the Engroser of the great Roll any Inquisitions or seisures but such as have been formerly charged in the forraign accompts of Sheriffs But Inquisitions upon attainders and other forfeitures to be put in charge as formerly 3. Nor to exclude his Majesties Remembrancer from writing forth process for his Majesties Debts Duties Outlawries or other charge or process of levari fac at any persons suit to levy Issues of Lands seised or venditioni exponas for goods for any debt to the King or upon Outlary or to alter any pleading touching the same 4. That no Debt Duty Fine Amercement or seisure charged in the great Roll of the Pipe by any Record in the Office of the Kings Remembrancer nor any proceeding thereupon be stayed compounded or discharged but by order or Judgment entred in the said Office of the Kings Remembrancer where the original of such debt or charge remaineth 5. If any the debts seisures fines or other be not levyed or payd upon process of summons of the Pipe the Clerk of the Pipe shall the next Terme after return of such process certifie the Office of the Kings Remembrancer who shall issue process for levying the same 6. Antient and lawful fees belonging to the Office of the Kings Remembrancer not abridged by this Act. The Act to continue to the end of the first Session of the next Parliament and no longer Ships I. Stat. 38 E. 3.8 No owner of a Ship shall forfeit the same for any small thing put thereinto without his knowledg not customed for II. Stat. 5 R. 2.3 None of the Kings Subjects shall export or import any Merchandize but only in Ships of the Kings allegiance in pain to forfeit all Merchandise otherwise conveyed or the value thereof whereof the finder shall have a third part of the Kings gift III. Stat. 6 R. 2.8 The Statute of 5 R. 2.3 shall onely have place where able and sufficient Ships of the Kings allegiance may be found otherwise the Merchants may hire other Ships the said Statute notwithstanding IV. Stat. 14 R. 2.6 English Merchants shall fraight within the Realm in English Ships and not in ships of strangers so as the owners of such English ships take reasonably for their fraights V. Stat. 4 H. 4.20 Pars indâ— All Merchandize imported and exported shall be charged and discharged in great Sea-Ports and not in creeks and small arrivalls in pain to forfeit to the King all Merchandize otherwise charged or discharged except any Vessell shall be driven into such small Creek by tempest VI. Stat. 15 H. 6.8 None shall ship any Wooll woolfels or other Merchandize pertaining to the Staple but only at the Keys and Ports assigned by the Statute where the Kings Weights and Woolls are set VII Every Master of a Vessel wherein such Merchandize is shipped shall give good security to the Customers there to transport the same to the Staple at Câ—lats and to bring a certificate thereof from thence saving to all Merchants of Jeanâ— Venice Tuscany Lombardy â—lorence and Catalâ—iâ— and to the Burgesses of Barwick their liberty formerly granted by Statute VIII Stat. 4 H. 7.10 No Gascoign or Guien-wine or Tholonse-woad shall be imported into this Realm but in English-vessels in pain to forfeit the same IX None shall fraight in any strangers ship any Merchandize to be imported or exported into or out of this Realm if he may have sufficient fraight in the same Port in a Denizers ship in pain to forfeit all Merchandize otherwise shipped to be divided betwixt the King and the seisor X. This Act shall not extend to any ship having Merchandize forced by tempest into any part within this Realm so as the owner thereof make no sale of such Merchandize within this Realm save only for necessary victual or repairing of the ship and tackle XI Stat. 32 H. 8.14 Gascoigne or Guian Wines or Tholouse-Woad may be imported into this Realm in any other ships as well as English notwithstanding the Statute of 4 H. 7.10 XII Stat. 1 El. 13. The Statute of 5 R. 2.3 and 4 H. 7.10 are made void XIII If any owner of any Merchandize shall in time of Peace embarque or unload any part thereof Mastraff Pitch Tar and Corn only excepted out of or into any other then an English bottom he shall pay custome for the Queen for the same as an alien XIV No English man shall cross the Sea with any Hoys or Plats in pain to forfeit the same to be divided betwixt the King and the prosecutor XV. Provided that Merchants at their several shippings of cloth or â—ooll out of the Thames to be twice in the year at the most may inâ—â—â—que Merchandize in a strangers ship so long as there are not English ships enough and convenient to convey such Merchandize â—â— Flanders Holland Zealand or Brabant without paying any greater custome than English men use to do Also Bristoll men shall do the like by reason of greater losses lately suffered by them XVI Stat. 5 El. 5. Any Subject may export out of this Realm without paying custome for the same But this Act was expired by the Queens death XVII None shall set price make restraint or demand toll of any Sea-fish imported into this Realm by any of the Queens Subjects in pain to forfeit the value of such fish so set price of restrained or tolled XVIII This Act shall not restrain the Inhabitants of Hull to take Toll and Custome according as is limited by the Statute of 33 H. 8.33 which see in Hull 1. Howbeit they shall not take liberty thereby to transport Herring or salt-fish XIX No Purveyor shall take any Sea-fish of any that shall take the same in any Subjects ship in pain to forfeit the double value thereof Howbeit Composition fish of people travelling into Ireland due to the Queen and other persons shall be paid as formerly XX. No Herring shall be bought of a stranger or out of his bottome being not sussicsently salted pickled and casked in pain to forfeit the same or the value thereof except such Vessell be driven in by shipwrack XXI No fish victual wares or things shall be transported in a strangers bottom from one Port to another within this Realm
attainted of Treason so long as the attainder continues in force XXVI Stat. 1 M. Sess 1. No Act or offence shall be adjudged Treason petty Treason or misprision of Treason but such as be declared to be so by 25 E. 3. Stat. 5. cap. 2. XXVII Stat. 1 M. Sess 2.6 To counterfeit any forreign coin made currant in this Realm or the Queens Signet Manuall privy Signet or privy Seal shall be adjudged High Treason And all counsellors procurers and abettors thereunto shall also be deemed Traytors XXVIII Stat. 1 2 P. M. 10. Tryal of Treason shall be according to the course of the Common Law and not otherwise XXIX The right of all others is saved XXX Concealment of High Treason shall be adjudged misprision of Treason and shall incur punishment accordingly XXXI Also in cases of High Treason concerning coin and for counterfeiting the King or Queens Signet privy Seal Great Seal or Signet Manual such tryal shall be observed as heretofore hath been used by the Common Law XXXII Stat. 1 2 P. M. 11. If any person bring from beyond Sea into this Realm or any of the Dominions thereof any false and counterfeit coin of money allowed to be currant in this Realm knowing it to be so with intent to utter the same here by Merchandizing or otherwise both he and his accessaries shall be adjudged offenders in High Treason and shall be adjudged and convicted or attainted for the same by such evidence and in such form as hath been used within this Realm before the first of E. 6. XXXIII Stat. 5 El. 11. Clipping washing rounding or filing for lucre sake any of the proper moneys or Coins of this Realm or the Dominions thereof or of forreign Moneys or Coins allowed to be currant here shall be adjudged High Treason and the offender herein together with his accessaries being thereof attainted shall suffer death forfeit all his goods and his lands also during life XXXIV They who have any grant of forfeitures of lands or goods within any Liberty or Precinct shall in this case also enjoy them XXXV These offences make no corruption of bloud nor forfeiture of Dower And here tryal of a Peer shall be by his Peers XXXVI Stat. 18 El. 1. If any person shall for lucre sake by any wayes or means whatsoever impair diminish falsify scale or lighten the Coins of these Dominions or the Coins of any other Realms allowed to be currant here during the time they are so allowed it shall be adjudged Treason and the offenders therein their Counsellors Consentors and Aiders shall suffer death forfeit all their goods and chattells and their lands also during life XXXVII Howbeit this offence shall cause no corruption of bloud or forfeiture of Dower and the tryal of a Peer shall be by this Peers XXXVIII Stat. 29 El. 1. No Record of Attainder of Treason shall be reversed where the party attainted is executed for the same offence XXXIX Stat. 13 Car. 2. cap. 1. It shall be Treason in any persons whatsoever during the Kings life within the Realm or without to compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the King or to deprive or depose him from the stile honour or Kingly name of the Imperial Crown of this Realm or of any other his Dominions or Countries or to levy War against him within or without the Realm or to move or stir any forreiner or stranger with force to invade this Realm or any other the Kings Dominions or Countreyes being under his obeysance And such compassings Imaginations Inventions Devices or Intentions that any of them shall express utter or declare by any Printing Writing Preaching or Malitious advised speaking being legally convicted thereof upon the oaths of two lawful and credible Witnesses upon Tryal or otherwise convicted or attainted by due course of Law Every such person shall be adjudged a Traytor and suffer pains of death and forfeit as in cases of Treason Vide Title King Numb VII XL. Stat. 12 Car. 2. cap. 30. Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and others attainted of High Treason for the horrid Murther of King Charles the first Vide the Act at large XLI Stat. 13 Car. 2. cap. 15. The pains Penalties and forfeitures imposed upon the Estates and persons of certain notorious offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion Trespass I. The Statute of Glocester Cap. 8. 6 E. 1. Sheriffs shall plead pleas of Trespass in their Counties as they have been accustomed to be pleaded II. None shall have Writs of Trespass before Justices unless he swear by his faith that the goods taken away were worth 40 s. at least III. If he complain of beating he shall answer by his faith that his plaint is true but for maims and wounds a man shall have his Writ as before hath been used IV. The Defendants in such pleas may make their Attorneys where Appeal lyeth not so that if they be attainted of Trespass being absent the Sheriffs shall be commanded to take them and they shall incur like pain as they should have had if they had been present at the Judgment given V. If the Plaintiffs in such Trespasses cause themselves to be Essoined after the first appearance day shall be given them till the coming of the Justices and the Defendants in the mean time shall be in peace VI. In such pleas and others where attachments and distresses do lye if the Defendant Essoin himself of the Kings service and do not bring his warrant at the day given by the Essoin he shall recompence the Plaintiffs damages for his Journey 20 s. or more at the discretion of the Justices and besides shall be grievously amerced to the King VII Stat. 43 El. 7. If any shall be convicted by his own confession or by the Testimony of one Witness upon Oath before one Justice of Peace or Head-Officer to have unlawfully cut and taken away any grain growing robbed any Orehard or Garden digged up or taken away any Fruit-Trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or Head-Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the Order then shall the said offender be by them or either of them respectively committed to the Constable or other Officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping VIII The Constable or other
inferiour Officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or head-Head-Officer be committed to Prison without ball till he whip or cause to be whipped the party offending as is above limited IX No Justice of Peace shall execute this Statute for offences done to himself unless he be associated with one or more Justices of Peace whom the offence doth not concern X. Stat. 21 Jac. 16. pars inde In all Actions of Trespass Quare clausum fregit wherein the Defendant or Defendants shall disclaim in his or their Plea to make any Title to the land in which the trespass is by the declaration supposed to be done and the trespass be by negligence or unvoluntary the Defendant or Defendants shall be admitted to plead a disclaimer and that the Trespass was done by negligence or unvoluntary and a tender of offer of sufficient amends for such Trespass before the Action brought whereupon or upon some of which the Plaintiff or Plaintiffs shall be forced to joyn issue and if the said issue be found for the Defendant or Defendants or the Plaintiff or Plaintiffs be non-suited such Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions and all other suit concerning the same Triall I. Stat. 9 E. 3. Stat. 1. cap. 4. Whereas many be delayed in their Actions for that the Tenants or Defendants plead in Barr a release quit-claim or other special Deed made within a Franchise where the Kings Writ runneth not It is enacted That when such Deeds are shewed forth in Bar of an Action and bear date within a Franchise Albeit the witnesses named in the Deed be of the Franchise yet if the Deed be denied Process shall be awarded in the Court where the Plea depends to cause the Country and the witnesses to appear and if the witnesses come not at the great distresses returned notwithstanding such absence of the witnesses the Justices shall not let to proceed to the taking of the Enquest as well as if such Deed did bear date within the County where the Plea was moved and that the witnesses were of the same County II. Stat. 8 H. 6.29 The Statute of 28 E. 3.13 which see in Staple ordering that an Enquest shall be De medietate linguae where an Alien is party is confirmed And it is by this Act further declared that the Statute of 2 H. 5.3 which see in Jurors doth onely extend to Enquests taken between Denizen and Denizen so that an Alien may be put upon Enquests according to the Statute of 28 E. 3. albeit he have not lands of the yearly value of 40 s. III. Stat. 20 H. 6.9 Trial of Dutchesses Countesses and Baronesses for Treason or Felony shall be as of Noble-men Peers of the Realm and not otherwise notwithstanding the Statute of Magna Carta cap. 9. which mentioneth men only to be tried by their Peers See that Chapter of Mag. Cart. in Accusation IV. Stat. 4 H. 8.2 Pars inde Where a Murderer or Felon to delay his arraignment pleads that he was taken out of a priviledged place in a foreign County and if it be alledged by the Kings Attorney or some other in the Kings behalf that he was taken in the County where he is so to be arraigned they shall be tryed by the Enquest who are to try the Murder or Felony and before the same Justice and if it be found that he was taken in the same County such forreign plea shall do him no advantage or benefit V. Stat. 27 H. 8.4 Murders and Robberies committed by Pyrats upon the Sea or in any other place where the Admiral pretends jurisdiction shall be inquired into tryed heard and determined in such Counties and places within the Realm as shall be limited by the Kings Commission in like manner as if such offences were done at Land And such Commissions being under the Great Seal shall be directed to the Lord Admiral his Lieutenant or Deputy and to three or four such others as the Lord Chancellor shall name VI. The said Commissioners or three of them have power to inquire of such offences by twelve lawful men of the County so limited in their Commission as if such offences were done at Land within the same County and every Indictment so found and presented shall be good in Law And such Order Process Judgment and Execution shall be used had done and made thereupon as against offenders for Murder or Felony done at Land Also the trial of such offences if they be denied shall be had by twelve men of the County limited in the said Commission as aforesaid and no challenge shall be had for the Hundred And such as shall be convict of such offences shall suffer death without benefit of Clergy and forfeit lands and goods as in case of Felonies and Murders done at land VII This Act shall not prejudice any person or persons urged by necessity for taking Victuals Cables Ropes Anchors or Sails out of another Ship that may spare them so as they either pay ready money or money-worth for them or give a Bill for the payment thereof viz. if they be taken on this side the Straits of Moroâ—ke within four months but if beyond within twelve months VIII When any such Commission shall be sent to any place within the Jurisdiction of the Cinque-Ports it shall be directed to the Warden of the said Ports or his Deputy with three or four such other persons as the Lord Chanceller shall name And the Inquisition and Tryal of such offences there shall be made and had by the Inhabitants of the said Ports and the members of the same IX Stat 28 H. 8.15 This Act is verbatim the same with 27 H. 8.4 save only that it extends as well to Treasons and all other capital offences committed within the Admiral 's Jurisdiction as unto Felonies Robberies and Murders there done X. Stat. 33 H. 8.12 The manner of the Trial and punishment of Murder and Blood-shed within the Kings Court See the Statute at large XI Stat. 33 H. 8.23 If any person being examined before the Kings Council or any three of them upon any Treason misprision of treason or murder doth confess the same or by the said Council is vehemently suspected to be guilty thereof in this case the King shall direct Commission of Oâ—â—r and Terminer to such persons and into such County or place as he pleaseth for the speedy tryal conviction or deliverance of such offenders And here no challenge for the County or Hundred shall be allowed but a Juror may be challenged if he have not Freehold worth 40 s. per annum in this case also trial of a Peer shall be by his Peers XII Stat. 2 3. E. 6.24 Where any is feloniously stricken or poysoned in one County and dyeth of such stroke or poysoning in another County an Indictment thereof found by Jurors of the County where he dyes shall be as good in Law as if the stroke or
be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accompts for the fees of the Justices and Clerks of the Peace as is used in England CI. The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able persons in every of the said twelve Shires to be Sheriffs thereof and shall certify their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriff shall have their Pattents under the Great Seal of England and shall make oath and acknowledg recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just accompt before the Kings Auditors assigned for Wales CII The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and Precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly accompt to the Auditor or Auditors assigned by the King for VVales and shall each of them have yearly for his fee 5 l. CIII All Officers and other persons in VVales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and process from any of them directed and all lawfull and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices CIV Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledg Recognizances before the President or one of the Justices by a Dedimus for the due execution of their Offices and for their true account before the Kings Auditor or Auditors to be assigned for that purpose which oath and recognizance shall be agreeable to those used for Escheators in England CV Such Escheators shall yearly have their Pattents under the Great Seal and shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum free-hold and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales CVI. There shall be also two Coroners elected for each of the said 12 Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester ☞ CVII The Justices of Peace or two of them 1. Qu. shall appoint in every hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England CVIII The Sheriff shall have a Goal in a place of the Castle of the Shire-town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailâ—ffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CIX Sheriffs shall keep their Counties Monthly and their Hundred-Courts for pleas under 40 s. and shall take for entring of plaints process pleas and judgments there as is used in England and not above Also all tryals in such Courts or before Stewards in Court Barons shall be by Wager of Law or verdict of six men at the election of the party Plaintiff or Defendant that pleads the plea. CX Sheriffs shall hold their Turns yearly after Easter and Michaelmas as is used in England CXI The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turnes to his own use and the Sheriff shall account for the same accordingly having been first affered by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so affered in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CXII Certain fees which the Sheriff is to have for the return and execution of divers writs For which see the Statute at large CXIII Every Sheriff within this limit may put suspitious persons under common main-prise according to the Statute of 37 H. 8.26 which see before binding them with two sufficient Sureties by recognizance to appear before the Justices at the next great Sessions and shall then also certify the names of the parties so bound without concealment CXIV The Sheriffs fee for taking such common main-prise is 2 d. but he shall take no fee for the return of any writ of execution unless he return the same executed CXV The fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CXVI None for murder or felony shall be put to his fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CXVII The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CXVIII Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXIX If any forreign plea or voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole record unto the Justice that sent it who thereupon shall proceed to Judgment as
the cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be
Mayors and chief Officers shall at least once every year view all measures and weights within their jurisdictions and break or burn them which they find defective and also inflict punishment upon the offenders viz. for the first offence 6 s. 8 d. for the second 13 s. 4 d. and for the third 20 s. and besides adjudg them to the Pillory LX. Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Mayors and other head Officers and also of buyers and sellers contrary to this Act and to set fines and amerciaments upon the offenders at their discretion and the defective weights and measures are to be forfeited and burnt LXI Eight bushels of corn raised and stricken shall be accounted a Quarter 14 l. a stone of wooll and 26 stone a sack Howbeit this Act shall not extend to any person selling or buying by water-measure within Ship-board whereof every bushel shall contain five pecks raised and stricken LXII Within the Cinque-Ports the Lord Warden or his Lievtenant shall order the weights and measures LXIII Stat. 12 H. 7.5 A Bushel shall contain eight gallons of wheat and every gallon 8 pounds of wheat Troy-weight and every pound 12 ounces and every ounce 20 Sterlings or penny weights every Sterling shall weigh 32 grains of wheat that grew in the midst of the ear of wheat and a Standard for the Kings Treasury is to be made according to this Assize LXIV Whereas weights and measures set down to Cities and Boroughs last year by the Stat. of 11 H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Towns according to which all other weights and measures shall be regulated upon the pains in the said Statute contained LXV Stat. 28 H. 8.14 in fine The Statute of 1 R. 3.13 and all other Statutes made for the due gauging and measuring of Wine Oyl Honey and other Liquors shall be duly put in execution LXVI Every Gauger shall duly gauge all the said Vessels and mark upon the head of each of them the true content thereof in pain to forfeit to the buyer thereof the quadruple value of that it wants besides costs of suit The Merchant also shall recompence the buyer what it wants according to the value of the vessel bought in pain to forfeit to the buyer the double value of such vessel sold together with costs of suit VVhite Ashes * I. Stat. 2 3. E. 6.26 None shall ship lade carry or convey any White Ashes towards the parts beyond Sea in pain to forfeit for every bushel 6 s. 8 d. to be divided betwixt the King and the prosecutor VVhitegate I. Stat. 33 H. 8.32 The Church of Whitegate in Cheshire shall be a Parish Church and no part of the Parish of Over VVild-fowl * I. Stat. 25 H. 8.11 None shall destroy or take away the eggs of any Wild-fowl in pain to forfeit for every egg of a Crane or Bustard so taken or destroyed 20 d. of a Bittern Hern or Shoveland 8 d. and of a Mallard Tele or other Wild fowl 1 d. to be divided betwixt the King and the prosecutor And the Justices of Peace have power to enquire hear and determine offences of this kind as they use to do in cases of trespass VVills I. Merton 2.20 H. 3. Widows may bequeath the crop of their ground as well of their dowers as other lands saving to the Lords of the Fee all such services as be due for their dowers or their tenements II. Stat. 32 H. 8.1 Every person having Mannors Lands Tenements or Hereditaments holden in soccage or of the nature of soccage-tenure and not having any such Mannors Lands c. holden of the King by Knight-service Soccage Tenure in chief or of the nature of Soccage-tenure in chief nor of any other person by Knight-service shall have power to give dispose will and devise as well by his last Will and Testament in writing or otherwise by any act executed in his life all such Mannors Lands c. at his pleasure III. Every person having Mannors Lands c. holden of the King in Soccage or of the nature of Soccage in chief and having any other Mannors Lands c. holden of any other person in Soccage or of the nature of Soccage and not having any Mannors Lands c. holden of the King or any other by Knight-service shall have power to give will dispose and devise as well by his last Will and Testament in writing as otherwise by any act executed in his life all such Mannors Lands c. or any of them at his pleasure IV. Howbeit all such primer seisins reliefs fines for alienation and all other rights and duties for tenures in soccage or in the nature of soccage in chief as have been heretofore used are saved to the King and the said Mannors Lands c. are to be taken had and sued out of the Kings hands by the person or persons to whom they shall be so disposed willed or devised in like manner as hath been used by any heir or heirs before the making of this Statute V. Every person having Mannors Lands c. of estate in inheritance holden of the King in chief by Knight service or of the nature of Knight service in chief hath power by his last Will in writing or by any other Act executed in his life to give dispose will or assign two parts thereof in three parts to be divided or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty and by special divisions that it may be known in severalty for the advancement of his wife preferment of his children and payment of his debts or otherwise at his pleasure VI. Here also the custody wardship and primer seisin or any of them as the case shall require of as much of such mannors lands c. as shall amount to the clear yearly value of the third part there of As also all fines for alienation upon such alteration of the Freehold or inheritance are saved to the King VII Every person having Mannors lands c. of estate or Inheritance holden of the King in chief by knight-service and having other Mannors lands c. holden of the King or any other by knight-service or otherwise hath power to give dispose will or assign by will in writing or otherwise by Act executed in his life two parts thereof in three parts to be divided or so much thereof as shall amount to the yearly value of two parts thereof to be severed as aforesaid for the advancement of his Wife preferment of his children and payment of his debts or otherwise at his pleasure VIII Here likewise the custody Wardships primer seisin and fines for alienations are saved to the King as before IX Every person having mannors lands c. of estate of inheritance holden of any other Lord by