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A39466 An exact abridgment of all statutes in force and use from the beginning of Magna Carta until 1641 / by Edm. Wingate of Grayes-Inne, Esq. ; with a continuation, under their proper titles, of all acts in force and use, untill the year 1666, and alphabetically digested under apt titles ; whereto is annexed four tables directing to the several matters and clauses throughout the said statutes.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656.; Manby, Thomas, of Lincolns-Inn. 1666 (1666) Wing E906; ESTC R33346 579,794 810

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distress to commit the party to the Goal at his own will there to remain one moneth without bail XXXI Provided no person be questioned for any offence within this Act unless within 6. weeks after the offence committed ☞ VVoolls I. Stat. 18 E. 3. Stat. 2.3 Every man as well stranger as other may buy Woolls as they can agree with the seller thereof II. Statutum Stapul Cap. 12. None shall transport Woolls Leather or Woolfels to Berwick or elsewhere into Scotland neither shall any sell Wooll Woolfels or Leather to any Scotchman or to any other to be transported into Scotland upon the pains contained in the third Article of this Statute which see in Merchants * III. Stat. 31 E. 3.2 No wools shall be bought by fraud to abate the price thereof upon grievous forfeiture also balances and weights for wools viz. of the sack half sack and quarter pound half pound and quarter shall be sent to all the Sheriffs of England according to which every person shall make theirs without fee or reward and none shall buy or sell by any other weight in pain to be fined at the Kings will IV. Stat. 31 E. 3.8 No buyer of wools shall make any other refuse of wools then hath been heretofore used viz. of cote gare and villain fleeces and every sack shall contain 16 stone and the stone 14 pound according to the Standard of the Exchequer also all wools fels and leather bought in the Countrey shall be brought to the staples and there shall remain 15 dayes at least and those that cannot be sold in that time shall be brought to the Ports ordained for the staple to be transported beyond Sea paying the due Customs and Subsidies viz. for a sack of wool 50 s. for 300 woolfels 50 s. and for a last of leather 100 s. V. No wools vendible shall be lodged shewed or sold within 3. miles of the Staple Howbeit every one but a Merchant may lodge shew and sell his wools being of his own growing in his own house or elsewhere at his pleasure VI. Stat. 31 E. 3.9 The Chancellor and Treasurer with the advice of others of the Kings Council shall have power to defer the transportation of wools when they see it needful VII Stat. 34 E. 3.19 No Custom or Subsidy shall be paid for Canvas to pack wool in VIII Stat. 36 E. 3.11 All Merchants may transport wools without restraint and no Subsidy or other charge shall be from henceforth set or granted upon wools by Merchants or others without assent in Parliament IX Stat. 38 E. 3. Stat. 1.1.6 A repeal of the Felony imposed by the Statute of the Staple Cap. 3.27 E. 3. which see in Merchants for transporting wools c. by Englishmen but the forfeiture of lands and goods shall stand X. Stat. 43 E. 3.1 Whereas the Staple of wools c. hath been holden at Calice since the first of March Anno 37 E. 3. That staple shall be wholly put out and the staple shall be holden in these places following viz. at Newcastle Kingston upon Hull Saint Buttolph ●lias Boston Yarmouth Quinborough Westminster Chichester Winchester Exeter and Bristll and the staples of Ireland and Wales shall be kept at the places where they were first ordained Obsolete XI Stat. 45 E. 3.4 No imposition or charge shall be put upon wools woolfels or leather other then the custom and subsidie granted to the King without assent of Parliament XII Stat. 13 R 2.9 pars inde None shall buy or sell wool at more weight then at 14 pounds to the stone in pain to forfeit the double to the party grieved and to make fine to the King XIII None Alien or Denizen shall make any other refuse of wool but Cot Gare or Villein XIV None shall buy wools by these words good packing or the like in pain that the Broker shall suffer half a years imprisonment and the buyer shall make fine to the King and recompence the party grieved his double damages neither shall any cause wools to be cocketed but in the owners name in pain to forfeit the same XV. Stat. 2 H. 5. Stat. 2.6 Merchandise of the Staple viz. wools fels leather lead or●tin shall not be transported beyond Sea without the Kings licence until they be first brought to the staple in pain to forfeit the same Obsolete XVI Stat. 8 H. 5.2 Every Merchant-stranger buying wools in England to convey them to the West-parts or elsewhere and not coming to the staple to sell them there shall bring to the Master of the Mint for every sack an ounce of Gold Bullion and for every 3. pieces of tin another such ounce of Bullion or the value in silver Bullion in pain to forfeit such wool and tin or the value thereof to the King Obsolete XVII Stat. 8 H. 6.22 No Alien shall cause any wools which he intends to convey out of the Realm to be forced clacked or bearded in pain to forfeit the same together with the double value thereof and besides to be imprisoned XVIII Every Wool-packer shall make good and due packing and neither he nor any other shall make any inwinding within the fleece at the rolling thereof nor put therein any looks pelt-wool tar sand earth glass or dirt in pain that the party grieved shall have his action of Trespass and deceit against such offender at the common Law XIX Stat. 14 H. 6 5. Wools and all other Merchandize in Creeks to be transported beyond Sea shall be forfeited whereof the King shall have the one moyety and the finder the other Obsolete * XX. Stat. 23 H. 8.17 None shall winde any fleece of wool not sufficiently rivered or washed nor winde therein any Clay Lead Stones Sand Tails deceitful locks cot calls comber lambs wool or any other thing whereby the fleece may be more weighty to the deceit of the buyer in pain that the seller of any such deceitful wool shall forfeit for every such fleece 6 d. to be divided betwixt the King and the finder XXI This Act shall not extend to such Counties where the Inhabitants have not customably used to river or wash their sheep before they be shorn nor to any persons who have used to sell their wool by tail or number of the fleeces and not by weight XXII Stat. 37 H. 8.15 All persons are restrained to buy wools in Norfolk and divers other Counties there mentioned except merchants to convey them to the Staple or others to convert them into Yarn Hats Girdles or Cloth But this Statute is now expired XXIII Stat. 1 E. 6.6 Every person dwelling in Norfolk or Norwich may buy wools of Norfolk growth as well as they might have done before the Statute of 37 H. 8.15 so as they sell or retail the same again in some open market or place in Norfolk or Norwich to some person or persons dwelling also there that will there spin the same XXIV Stat. 2 3 P. M. 13. Any inhabitant of Halifax may buy wools otherwise then by
or rectifie within twenty daies the default of distress shall forfeit likewise to the poor forty shillings to be levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of distress shall incur commitment as aforesaid VIII The Officers or other parties receiving these penalties shall be accountable to the succeeding Officers and other parishioners ☞ IX Stat. 4 Jac. 4. None shall sell Ale or Beer to an unlicensed Alehouse-keeper save onely for the expence of his houshold in pain of 6 s. 8 d. for every barrel and so more or less according to that proportion X. This offence shall be prosecuted in the Quarter Sessions and the forfeiture shall be equally divided between the prosecutor and the poor of the Parish XI The Officer that shall levy the poors moiety shall deliver it to the Church-wardens and Overseers of the Parish or one of them and they shall in convenient time make distribution thereof to the poor in pain that both the Officer and they shall forfeit respectively double the value of that moiety to be recovered and employed as aforesaid XII Stat. 4 Jac. 5. One convicted of drunkenness in Court or before a Judge or Justices in their several limits shall forfeit five shillings to the poor to be levied and imployed as the penalties of 1 Jac. 9. and in case he be not able to pay it shall remain in the stocks six hours XIII Here the Officer that neglects to levy the said penalty shall forfeit ten shillings to be levied and employed as aforesaid XIV A Town-dweller which is convict to sit tipling in any Inn Victualling-house or Ale-house by the view of one Justice or the proof of two witnesses shall forfeit ten groats to be levied and employed as aforesaid and being not found able to pay it shall remain in the stocks four hours XV. These offences as also those mentioned in 1 Jac. 9. shall be enquired of heard and determined at the Ass Qu. Sess in corporate Towns and in Leets XVI One convicted the second time of drunkenness shall be bound in ten pounds with two sureties to the good behaviour XVII All Constables Church-wardens Headboroughs Tithingmen Aleconners and Side-men shall be charged on their Oaths to present the said offences XVIII This Act shall not restrain Ecclesiastical jurisdiction nor the two Universities XIX None shall be twice punished for one offence XX. The offenders against this Act shall be prosecuted within six months XXI Stat. 21 Jac. 10. An Alehouse-keeper lawfully convicted for any of the offences forbidden by the Statutes of 1 Jac. 9. or 4 Jac. 5. shall be disabled to keep Alehouse within three years after ☞ XXII Stat. 21 Jac. 7. One witness or the parties own confession shall be sufficient to prove the breach of 1 Jac. 9. and 4 Jac. 5. and the oath of the party confessing shall be sufficient to convince any other XXIII The like view proof or confession shall convince a drunkard as well for the penalty of 5 s. as for the binding of him to the good behaviour according to 4 Jac. 5. XXIV An Alehouse-keeper offending against 1 Jac. 9 or 4 Jac. 5. according to the alterations of this Act is disabled to keep Alehouse within three years after XXV All Constables Church-wardens Headboroughs Tithingmen Ale-conners and Side-men shall be charged on their oaths to present the offences committed against 1 Jac. 9. and 4 Jac. 5. according to the Alterations of this Act. XXVI Stat. 1 Car. 4. The Inn-keeper Alehouse-keeper or Victualler which suffers any person whatsoever to sit tipling in his house shall incurr the penalty of 1 Jac. 9. to be proved levied and employed as in that Statute is appointed XXVII Vintners which do also keep Inns or Victualling-houses shall be taken to be within this Act as also within the Statute of 1 Jac. 9. and 4 Jac. 4. ☞ XXVIII Stat. 3 Car. 3. None shall keep Alehouse without license in pain to forfeit 20 s. to the poor which the Constable and Church-warden upon warrant from the Justice before whom the offence is proved shall levy by distress which within three daies may be sold to satisfie the penalty and in case the delinquent hath not wherewithall the said Justice shall commit him to the Constable to be openly whipped And here the view of one Justice the confession of the party or proof by two witnesses is sufficient conviction XXIX Here the Officer that neglects to execute the Warrant or to punish the offender shall suffer imprisonment without bail or pay 40 shillings to be employed as aforesaid XXX In this case if the Alehouse-keeper offend the second time he shall be committed to the House of Correction for one moneth and for the third offence shall not be thence enlarged but by order of Sessions XXXI The offender once punished by this Act shall not be again punished by 5 6 E. 6.25 contra XXXII This Act shall not restrain the selling of Ale and Beer in Fairs Alienation without Licence I. Prerogat Regis Note that clause is in Rast fo 7. c. But I finde it not in the Stat. at large not in Stanford 'T is in Polton cap. 6. Cap. 6. 17 E. 2. None holding of the King in chief by Knight-service may without his Licence aliene so much of his Land that the residue will not suffice to doe his service but this is not meant of little parcels thereof II. When Serjeanties are aliened without the King's Licence the King hath used to rate them at a reasonable extent III. Stat. 1 Car. 3. All Licences of Alienations other then upon raising of uses by force of any Deed from or out of the Estate of the Covenantor shall be general to aliene without expressing any uses IV. The Officer that takes above 26 s. 8 d. for drawing pleading entring finishing and discharging a Licence or Pardon of Alienation shall forfeit to the party grieved for every peny so taken 5 s. to be recovered by information or action of debt and shall be for ever after disabled to bear Office in any Court of Justice Aliens I. Stat. 31 H. 6.4 If any stranger being in league or having the King 's safe conduct be attached in his person or robbed of his ship or goods by any of the Kings Subjects at sea or in any Port within the Kings Dominions the Chancellor upon a Bill of complaint calling to him any of the Justices of either Bench shall have power to enlarge the person so attached and to make delivery and restitution of the Ship or goods or the value thereof and also of all costs expences and losses sustained in that behalf * II. Stat. 1 R. 3.9 An Alien Artificer not made Denizon shall not remain nor exercise any Handicraft in England unless as servant to a Subject skilful in the same Art in pain to forfeit all his goods III. No such Alien shall here in England make any cloth or put any wooll to work in pain to
Ireland And in Scotland all sorts of Victuals of the growth or production of Scotland and in Ireland all such victuals of their growth or production and to transport the same into any the said Lands Islands Plantations or Places VI. Every person importing by Land any Goods or Commodities into the said Islands Plantations or places shall deliver to the Governor thereof or such as by him appointed within 24 hours after Importation their names and sirnames and a true Inventory of all such Goods and no such Ship shall lade or unlade any such goods untill the Master have made known to the said Governor or other by him appointed the arrival of the Ship her name the Masters name and shewed she is an English Ship or by Certificate that she is belonging to England Wales or Berwick Navigated as aforesaid and a perfect Inventory of her Lading and the place where they were taken in upon pain of forfeiture as aforesaid VII All Governors of such Islands Plantations and Places to be put to an oath before such persons as the King shall appoint to do their utmost to see this Act performed And for offending herein to be put out of their places made incapable of any other Government in the said places and forfeit 1000 l. one moity to the King the other moity to such person as shall inform and sue for the same as aforesaid VIII If any Officer of the Customs in England VVales or Berwick upon Tweed shall give Warrant or suffer any Sugar Tobacco Ginger Cotton Wooll Indico Speckle Wood or Jamaica Wood Fustick or other dying wood of the growth of the Lands or Plantations to be carried into any other Country or place unless they have been unladed in England VVales or Berwick such Officer shall forfeit his Place and value of the Goods one moity to the King the other moity to him that shall sue for the same as aforesaid IX It shall be lawful out of any Port of England VVales or Berwick to ship and lade Sea-coals for any part of them paying for the Chaldron Newcastle measure only 1 s. 8 d. and London measure 1 s. and no more in full of all Custome and Poundage for the same Previded the same be shipped and navigated as aforesaid and security given to the Officers of the Custome of the Port where they are shipped for landing them in the said Plantations and not elsewhere X. It shall be lawful for all persons to export out of any the Ports of England Wales and Berwick in which there is a Customer and Collector all sorts of Forein Coyn Bullion of Gold or Silver first entring the same in the Custom-House without paying any Custom or Fee for the same XI For every Head of Cattle except of the breed of Scotland imported into England Wales or Berwick after the 1. of July in any year And for every head of great Cattle of the breed of Scotland that be brought into England VVales or Berwick after the 24th of August and before the 20th of December in any year there shall be paid to the King and his heirs 20 s. and 10 s. to him that shall inform or seize the same and 10 s. to the Poor of the Parish where such seizure or information shall be made And to the King for every Sheep imported into England VVales or Berwick after the 1. of Aug. and before the 20th of Decemb. in any year 10 s. to be recovered and levied as aforesaid This Act as to great Cattle or Sheep not to take place till the First of Aug. 1664. nor continue longer than the first Session of the next Parliament XII No Fresh-Herring fresh Cod or Haddock Coalfish or Gulfish shall be imported into England VVales or Berwick but in English built Ships and having Certificate thereof as aforesaid and which have been taken in Ships Navigated as aforesaid and not bought of strangers or strangers Bottoms upon pain of forfeiture of the same and the Ships or Vessells one moity to the King the other moity to the Informer to be recovered as aforesaid XIII For salted or dryed Fish imported in any other Ship or Vessel then English as aforesaid there shall be paid for Custome viz. Codfish the barrel 5 s. Codfish the Last containing 12 barrels 3 l. Codfish the Hundred containing 120 10 s. Coalfish the hundred 5 s. Lings the hundred 20 s. White Herrings the Last 12 barrels 1 l. 16 s. Haddocks the barrel 2 s. Gulfish the barrel 2 s. XIV Every person that shall plant Tobacco in England Wales Guernsey Jersey Islands and Berwick upon Tweed shall forfeit 10 l. for every Pole of ground so planted over and above the penalty in the former Act of planting Tobacco one third part to the King one third part to the Poor of the Parish where the offence is and one third part to him that shall sue for the same in any the Kings Courts of Record at Westminster And if any person resist execution of the said Act he shall be committed to the Goal till he have entred Recognizance with Sureties of 20 l. not to commit the like offence again Proviso for Gardens of the Universities and Surgery and Physick the quantity not exceeding half a Pole XV. It shall be lawful to import Cattel of the breed of the Isle of Man not exceeding 600 in one year And Corn of the growth of that Island out of it into England so as the Cattel be landed 〈◊〉 Chester Leverpool or Wire-water ☞ Treason I. Stat. De proditionibus 25 E. 3. Stat. 5. cap. 2. To compass or imagine the death of the King Queen or Prince to violate the Queen the Kings eldest daughter unmarried or the Princes wife to levy War against the King or to adhere to his enemies within the Realm giving them aid or comfort within the Realm or elswhere To counterfeit the Kings Great Seal or Privy Seal or his money to bring false money into this Realm counterfeit according to the money of England knowing the said money to be false to Merchandise or make payment with it to kill the Chancellor Treasurer or any Justice of either Bench Justices in Eyre Justices of Assize or any other Justices assigned to hear and determine being in their places doing their Offices is by this Statute declared to be High Treason And in the said cases that ought to be adjudged Treason which extends to the King or his Royal Majesty II. Forfeitures of Escheats pertain to the King of whomsoever the lands are holden III. There is another sort of Treason viz. Petty Treason when a servant kills his Master a Wife her Husband a Secular or Regular his Prelate to whom he oweth faith and obedience in such cases the Escheat pertains to every Lord of his own Fee IV. If any other case supposed Treason shall happen before any Justices they shall defer the judgment thereof untill the case may be declared before the King and his Parliament whether it ought to be adjudged