Ecclesiastical Judge that were in danger of Premunire before 1 Eliz. are now in case of Premunire after the said Act the said Acts of Premunire not being repealed by 1 Eliz. 1. 2. And as to first and second Objections it was answered That true it is The Crown of England hath as well Ecclesiastical as Temporal Jurisdiction annex'd to it as appears by the Resolution in Cawdryes Case from Age to Age. And though this was de jure yet where the Pope became so Potent he usurped upon the Kings Ecclesiastical Power in this Realm but this was meer Usurpation And therefore all the Kings of this Realm Totis viribus proinde for establishing of their Temporal Law by which they inherit their Crown and by which c. were alwayes jealous in any part or point it should be incroached upon And if the Ecclesiastical Law did usurp upon the Temporal it was severely punished and the Offender judged an Enemy to the King by the ancient Statutes and every one might have killed him before the Statute of 5 Eliz. And this is the Reason the Crown it self is directed descendable by the Common Law and Treason against the Crown is punished by this Law And therefore usurpation by an Ecclesiasticall Judge upon it is said to be contra Coronam et dignitatem Regis And all Prohibitions since 1 Eliz. do conclude contra Coronam et dignitatem Regiam for as 't was resolved by all the Justices Pasch 4 Jac. Regis est contra Coronam c. when any Ecclesiastical Judge doth usurpe upon the Temporal Law for the cause of the Subject is drawn ad aliud examen when his Cause is not ended by the Common Law whereto by Birth-right he is inheritable 3. As to the Third though the Court by force of High-Commission is the Court of the King yet their proceedings are Ecclesiastical And therefore if they usurpe upon the Temporal Law this is the same offence which was before the Act 10 Eliz. 4. As to the Fourth though it be a new Court yet the antient Statutes extend to it in this word Alibi and in H. 8. times several new Bishopricks were erected yet never any question but the old Acts of Premuri did extend to them But to answer all Objections at once whereas the Act 1 Eliz. repealed the Statute 1 2 P. M. cap. 8. yet there is an express Proviso in the said Act 1 Eliz. That it shall not extend to Repeal any Clause or Matter contained in the 1 et 2 P. M. which in any sort concerneth any matter or cause of Premunire but that all of that stand in force See the said two Acts and also 16 R. 2. Also the Act of 1 Eliz. revives the Act 25 H. 8. cap. 10. which makes a Premunire in a Dean and Chapter c. for not electing certifying or admitting a Bishop elected by all which it appears the said Act of 1 Eliz. never intended to take away the offence of Premunire But note in what Cases a Premunire lyes and in what not 1. In all Causes when the Cause originally belongs to the Cognizance of the Ecclesiastical Court and Suit is prosecuted there as belonging to their Cognizance though in truth if rightly examined it ought to be determined â—t Common Law yet no Premunire lyes there but a Prohibition As if Tythes are severed from the nine parts and are carried away if the Parson sue for the Substraction of these Tythes in the Spiritual Court this is not in the case of Premunire Vide 10 H. 4. 2. agreeing with this Opinion So if a Parson sue for Tythes of surmising that they were Sylvae Caduae under the age of 20 years where in truth they were above yet a Prohibition lyeth and no Premunire 2. But though the Cause originally may appertain to the Cognizance of the Ecclesiastical Judge yet if he sue for it in the nature of a Suit which doth not belong to the Ecclesiastical Court but to the Common Law there a Premunire lyeth As in the former Case If the Parson after severing of Tythes will in any Ecclesiastical Court sue for carrying away his Tythes from the 9 parts which Action pertains to the Common Law In such case both the Actor and Judge incurr the danger of Premunire And so it was adjudged 17 H. 8. as Spillmâ—n Reports it One Turbâ—rvile sued a Premunire against a Parson that convened him into the Ecclesiastical Court and there libell'd against him for taking of Ty hes which were sever from the nine parts and the Parson was condemned to be out of the protection of the King to forfeit all his Lands Goods and Chattels and his Body to perpetual Imprisonment and damages to the Party So of a Mortuary delivered and re-taken if the Parson sue for this as for a Mortuary to him delivered he is in case of Premunire 10 H. 4. 2. So in the case put for tythe of Wood if it appear by the Libell that the Cognizance of the Case doth not belong to Court Christian the Premunire lyes as you may see in the Book of Entries tit Dismes fol. 221. But the tit Prohibition fol. 449. Divisione Dismes Ps 2 3 4 5 6. If the suit be pro Sylva caedua c. and the Suit be framed so as the Cognizance belongs to Court Christian though the truth be otherwise no Premunire but a Prohibition lyes 3. When the cause originally belongs to the Cognizance of the Common Law and not to the Ecclesiastical Court there though they Libel for it according to the course of the Ecclesiastical Law yet the Premunire lyeth because that this draws the cause which is determinable at Common Law ad aliud examen viz. to be decided by the Civil Law and so deprives the Subject of the Common Law his Birth-right and wiâ—h this agrees the Book of Entries tit Premunire fol. 229. b. 430. a. So that if the Original cause be Temporal though that they proceed by Citation Libel c. in Ecclesiastical manner yet this is in danger of Premunire And the reason of this is because he endeavours to draw Cognitionem quae ad Curiam domini Regis pertinet ad aliud examen that is that the Debt the Cognizance whereof belongs to the Court of the King he intends by the Original Suit to draw it to be determined by the Ecclesiastical Court And note In the Indictment of Premunire against Cardinal Woolsâ—y Mich. 21 H. 8. 14. it is said Quod Praedictus Cardinalis intend finaliter antiquissimas leges Angliae penitus subvertere et enervare univer sumque hoc Regnum Angliae et ejusdem Angliae populum legibus imperialibus vuilgo dict legibus Civilibus et â—orum legum Canonibus isperpetuum subjurare c. And this included within these words Ad aliud examen trahere viz. to decide that by the Civil Law which is determinable by the Common Law And upon this was a notable Case in Hill an 25 H. 8. of
die causa c. Et iidem Justiciarii hic visa causa illa ulterius fieri fecerint quod c. Et modo hic ad hunc diem viz. diem Sab. prox Oct. Sanct. Mich. isto eoâ—um termino venit praed Anthonius in propria persona suaâ— sub custod praed Guard ad Barr. hic praed idem Guardianus tunc hic mand Quod ante advent brevis praed vâ—z 9. die Oct. ult praeter praed Anthonii Roper mil. reducit se prison praed perantea Commissus virtute cujusdam â—arranti dat 30 die Junii ult praeter quod sequitur in haec verba viz. These are in his Majâ—sties Name to require and charge you by Vertute of his High-Commission for causes Ecclesiastical under the Great Seal of England to us and others directed that herewith you receive and take into your Custody the Body of Sir Anthony Roper Knight and him safely detain c. signifying unto you That the cause of his Commitment for that there being a certain cause c. betwixt him the said Sir Anthony Roper and John Bullbrooke Vicar of Bently for that he detained wrongfully from him the said Vicar a certain yearly Pension c. Given at Lambeth this thirtieth of June 1607. Et quod haec suit causa captionis et detentionis praed Anthonii in prison praed corpus tamen praed Anthonii modo hic paratus hâ—bet prout â— super quo visis praemissis per Justiciurios hic plenius examinatis videtur iisdem Justiciariis hic quod praed causa Commissionis praed Anthonii prison de Fleet praeâ— in retorn spâ—cificat minus sufficiens in lege existit c. Idco prad Anthonius a prisona prad per-Cur hic dimittitur ac idem Guardianus de hujusmodi Custodia per eand Cur. hic plene exoneretur And this was resolved una voce by Coke chief Justice Walmesly Warberton Daniel and Foster Justices And in the same Term in I am's Case A Parson in Noâ—folk that sued one of his Parishioners before the High-Commissioners for Scandal in saying only in the Church on a Sabbath day That he was a wicked man and an arrant Knave Prohibition lyes for this That it was not so enormous as the Staâ—â—te intended Hill 5 Jac. Regis Note It was moved to the Justices this Term upon consideration of the Acts of 34 H. 8. and 18 Eliz. If the Justices in Wales may be Constituted by Commission and it was conceived they could not but that it ought to be by Patent as hath been ever used since 34 H. 8. Then it was moved If the King by force of a Clause there in might do it which Clause is That the King 's most Royal Majesty shall and may at all times hereafter change adde alter minish and reform all manner c. And it seemed to divers of the Justices that this Power given to the King determin'd by his Death for divers Causes 1. Because it wants these Words His Successors and to draw it in Succession by Construction would be against the Intention of the Maker of the Act For they gave this high Power of Alteration c. of Laws to the King as to his most Excellent Wisdom shall be thought most meet which words want His Successors For they well knew his Wisdom did not go in Succession so the Power went not in Succession And for this that Eorum progressus ostendent multa quae ab initio provideri non possunt And what ensues upon this concerning this uniting of Wales and England none could divine But it was never the Intention of the said Act to give Power to the King and his Successors for ever to alter c. 2. Power of Alteration of Laws c. is a Point of Confidence concerning the Administration of Justice which the Act by omitting of his Successors intended to unite this Confidence to the Person of H. 8. and not to extend it without Limitation of time to his Successors 1 Ed. 5. 1. 1 H. 7. 1. 14 Ed. 4. 44. All Commissions concerning Administration of Justice determine by the King's Death Not so if he make a Lease durante bene placito or present one to a Church these are not void by his Death untill revoked by his Successor And upon Certificate of the Justices Opinion That the Justices of Wales cannot be Constituted by Commission Baron Snig had a Patent for the Circuit of Wales as others before him had Trin. 6 Jac. Regis This Term it was Resolved per totam Curiam in Communi Banco viz. Coke Chief Justice Walmesly Warberton Daniel and Foster in the Case of Allan Ball That the High-Commissions cannot be force of the Act 1 Eliz. cap. 1. send a Pursivant to Arrest any Person subjâ—ct to their Jurisdiction to answer to any matter before them But they ought to proceed according to Ecclesiasticall Law by Citation And in the Circuit of Northampton when the Lord Anderson and Glanvile were Justices of Assize a Pursivant was sent by the Commissioners to Arrest the Body of a Man to appear before them and in resistance of the Arrest and striving among them the Pursivant was killed And if this was Murther or not was doubted and it was Resolved that the Arrest was tortious and by consequence that this was not Murther though the killing of an Officer of Justice whose Authority is lawful in Execution of his Office is Murther But they may send Citation by a Puisivant and upon default proceed to Excommunication and then to have a Capias Excommunicatum which Writ de excommunicato capiendo is preserved and returnable by the Statute 5 Eliz. See Magna Charta and all the antient Statutes Vid. Rast Title Accusation Marmaduke Langdale's Case In the Case of Marmaduke Langdale of Leventhorp in the County of York by Joan his Wife being sued for maintenance before the Bishop of Canterbury and others High-Commissioners It was Resolved per totam Curiam praeter Walmesly that a Prohibition before granted was well maintainable because it was not any Enormity nor Offence within the Statute but a neglect of his duty and a Breach of his Vow of maintenance And the Rule of the Court was That the Plaintiff shall count against the High-Commissioners and upon Demurrer joyned the Case to be argued and adjudged and the Party grieved to have a Writ of Errour si sibi viderit expedire c. Upon Complaint made to the King and Councel by the Lord President of Wales and the Lord President of York against the Judges of the Realm and the King's Pleasure signified to them Upon Consideration had of the parts of the Complaint they Resolved upon these Answers And because of the Lord President of York first opened the Cause of his Grief more amply they first answered those Objections made on the behalf of that Councel And first as to the Institution of that Court. 1. After the Suppression of all Religious Houses Anno 27. H. 8. in
lawfully endowed and paid his first Fruits and Tenths Resolved by all the Court that it shall be presumed that the Vicaridge was lawfully endowed And that it is a dangerous President to examine Originalls of Impropriations and Endowments of Vicaridges for that they may perish And so it was decreed for the Plaintiff Hill 4. Jac. Regis Bedle and Beard Anno 31. Ed. 1. The King being seized of the Mannor of Kâ—mbolton to which the Advowson of the said Church was appendant by Letters Patents granted the said Mannor wish the Appâ—â—tenances to Humphry de Bohun Earl of Hereford in tayl generall Humphry de Bohun the Issue in tayl by his Deed. 4 Ed. 3. granted the said Advowson then full of an Incumbent to the Prior of Stonely and his Successors And at next avoydance they held In proprios usus Upon this Appropriation Concurrentibus his quae in jure requiruntur the Prior and his Successors held the same till the dissolution of the Monastery 27. H. 8. The said Mannor descended to Edward Duke of Buckingham as Issue to the Estate Tayl. And the Reversion descended to H. 8. The Duke 13 H. 8. was attaint of High Treason 14 H. 8. The King granted the said Mannor c. with all Advousons appendant c. to Richard Wingfield and his Heirs Males 16 H. 8. It was Enacted that the said Duke forfeit all Mannors c. Advousons c. which he had c. in 4 H. 8. The King 37 H. 8. granted and sold the said Rectory of Kimbolton as impropriate in Fee which by mean conveyance came to the Plaintiff for 1200 li. 37 Eliz. Beard the Defendant got a Presentation of the Queen by Lapse pretending the said Church was not lawfully impropriate to the Prior. 1. For that Humphry who granted to the Prior had nothing in it nothing passing to his Ancestor by these words Manâ—rium cum pertinentiis 2. Or for that having no more but an Estate Tayl by his death his Grant was void But Resolved by the Lord Chancellor Ellesmere with the principal Judges and upon consideration of Presidents that the Plaintiff shall enjoy the Rectory for though by any thing which can now be shewn the Impropriation is defective yet it shall be now intended in regard of the antient and continual possession that there was a lawfull grant of the King to the said Humphry who granted in Fee so that he might lawfully grant it to the said Priory Omnia pâ—â—sumitur Solâ—mniter esse acta And all shall be presumed to be done which might make the antient Impropriation good And antient Grants and Acts shall not be drawn in question though they cannot be shewn for Tempus edâ—x rerum Letters Patents and Writings may consume be lost or imbezilled And therefore the Church was allowed to be rightfully impropriate and the rather in regard of the antient and long possession of the Owners of the said Rectory Mich. 4. Jac. Regis Case of Forfeiture by Treason Hill 43 Eliz. A Case was moved to all the Justices Tenant in Tayl before the Statute of 27 H. 8. made a Feoffment in Fee to the use of himself and his Wife in Tayl. And after the said Statute the Husband was attaint of High Treason 31 H. 8. and dyed The Wife continued in possession and dyed their Issue enter and die and this descends to his Issue and all this found by Office The Question was if the Issue in Tayl or the King shall have the Land 1. And it was objected that the antient Estate Tayl cannot be forfeited because it was discontinued and such right of Action cannot be forfeited As was agreed in the Marquess of Winchesters Case 2. The Feoffor himself in this Case had not any right to the antient Estate Tayl it being extinguished by his Feoffment and therefore by his Attaint could not forfeit what he had not 3. The Issue in Tayl in remitted to that antient right which cannot be forfeited And the new Estate Tayl derived under the discontinuance which may be forfeited by the Statute 26 H. 8. cap. 13. is continued and by Act in Law viz. the discent and remitter avoided And the Kings Estate may be divested out of the King by remitter As if Tenant in Tail grant Land to the King c. and the King grant the Land to the Tenant in Tail for life the remainder to his Son and Heirs for life Tenant for life dies the Issue by and in Law is remitted and the Kings Estate is divested out of him This accords with Plow Com. 489. Nicols Case 1. Resolved that in this Case the Issue in Tail is barred for though right of Action cannot be given to the King by the 26 H. 8. yet when Tenant in Tail discontinues his Estate to the use of himself in Tail and after is attaint of Treason now by that Statute he doth not onely forfeit the new Estate in Tail but by this the right of the antient Estate is barred for ever And so note out of the said Statute a diversity between a naked right of Action not forfeitable and an Estate of Inheritance forfeiâ—able coupled with an antient right for which the Forfeiture of the possession is barred by the said Act And iâ— is not like the Case in Plow Com. of Remitter for this is no barre of an antient right Pasch 4 Jac. Regis Case at a Committee aoncerning Bishops At this Parliament held Pasch 4 Jac. Regis It was strongly urged at a Grand Committee of Lords and Commons in the Painted-Chamber that such Bishops as were made after the first day of the Session were not lawful Bishops 1. Admitting them Bishops yet the manner and form of their Seals Stiles Process and Proceeding in their Ecclesiastical Courts were not consonant to Law Because by the Statute 1 Ed. 6. cap. 2. it is provided That thenceforth Bishops should not be Elective but Donative by Letters-Patents of the King And for that at this day all Bishops were made by Election not Donation of the King therefore the saâ—d Bishops are not lawful 2. By the same Act it is provided That all Summons c. and Process in Ecclesiastical Courts shall be made in the King's Name and Stile and their Seals Engraven with the Kings Arms and Certificates made in the Kings Name It was therefore concluded Thâ—t the said Statute being still in force by Consequence all Bishops made after the Act 1 Jac. were not lawful Bishops And the Proceedings being in the Name of the Bishop makes them unlawful Quia non obserâ—ata forma infertur adâ—ullatio actus Upon Consideration had of these Objections by the Kings Commandment it was Resolved by Popham Chief Justice of England â—nd Coke Attorney of the King and after affirmed bâ— the Chief Baron and the other Justices Attendant to â—he Parliament that the said Act of the 1 Ed. 6. cap. 2. is not now in force being repealed annulled and annihlated by three several Acts of Parliament Any whereof being
all his Right Estate c. The Plaintiff surjoyneth and saith that the said sum of 5 l. 6 s. 8 d. c. was not rationabilis finis as the said Thomas Bradley above hath alleadged c. Upon which the Defendant doth demur in Law c. And in this Case these Points were Resolved by Coke Chief Justice Walmesly Warberton Daniel and Foster Justices 1. If the Fine had been reasonable yet the Lords ought to have set a certain time and place when the same should be paid because it stands â—â—on the point of Forfeiture As if a man assures Lands to one and his Heirs upon condition to pay to the Bargainee and his Heirs 10 l. at such a place or that he and his heirs shall re-enter there because no time is limited the Bargainor ought to give notice to the Bargainee c. when he will tender the money and he cannot tender it when he pleaseth and with this agrees 19 Eliz. Dyer 244. So in the Case at the Bar the Copyholder is not bound to carry his Fine alwayes with him c. And though that the Rejoynder is that the Plaintift refused to pay the Fine so he might well do when the Request is not lawful or reasonable And he that is to pay a great Fine as 100 l. or more it is not reasonable that he carry it always with him And the Copyholder was not bound to do it because the Fine was incertain and arbitrable as was Resolved in Hulbarts Case in the 4th Part of my Reports among the Copy-hold Cases 2. It was Resolved That though the Fine be uncertain and arbitrable yet it ought to be secundum arbitrium boni viri and it ought to be reasonable because Excessus in re qualibet jure reprobatur communi for the Common-Law forbids any excessive Distress as appears 41 Ed. 3. 26. And this doth appear to be the Common-Law for the Statute of Articuli super Chartas extends onely for a grievous Distress taken for the Kings Debt See F. N. B. 147. a. and 27 Ass 51. 28 Ass 50. 11 H. 4. 2. and 8 H. 4. 16. c. And so if an excessive Amerciament be imposed in any Couâ—t-Baron or other Court not of Record the Party shall have Moderata mis ericordia And Magna Charta is but an Affirmance of the Common-Law in this Point See F. N. B. 75. And the Common-Law gives an Assize of Sovient Distress and multiplication of Distress found which is Excess And with this agrees 27 Ass 50 51. F. N. B. 178 b. And if Tenant in Dower hath Tenants at Will that are rich and makes them poor by excessive Tallages and Fines this is wast F. N. B. 61. b. 16 H. 3. Wast 135. and 16 H. 7. Vide also the Register Judicial fol. 25. B. Waste lyeth in Exulando Henricum Hermanum c. Villeynes Quorum quilibet tenet unum messuagium unam Virgat terrae in Villenagio in Villa praed c. By all which it appears the Common-Law forbids excessive oppressing of Villains c. So in the Case at Bar though the Fine is uncertain yet it ought to be reasonable and so it appears by the Custome alleadged by the Defendant See Hubbard's Case before in the 4th Part of my Reports And when reasonableness concerning a Fine is in question the same shall be determined by the Court in which the Action depend 21 H. 6. 30. 22 Ed. 4 27. and 50 29 H. 8. 32. c. 3. It was Resolved That the Fine in the Case at the Bar was unreasonable being for the admittance of a Copy-holder in Fee-simple upon a Surrender made for this is not like a voluntary Grant c. for there Arbitrio Domini res estimari debet But when the Lord is compellable to admit him to whose use the Surrender is And when Câ—stuy que use is admitted he shall be in by him who made the Surrender and the Lord is but an Instrument to present the same 4. It was Resolved That the Surjoinder is no more than what the Law saith And for the Causes aforesaid Judgment was given for the Plaintiff And Coke Chief Justice said in this Case That if the Court of Admiralty amerce the Defendant excessively at discretion as seems by 19 H. 6. 7. the same shall not bind the Party and be it excessive or not it shall be determined in the Court where the Action shall be brought And a Writ of Account against a Bayliff or Guardian Quod reddat â—i rationabilem compâ—tum c. for the Law requires Reason and no excuse or extremity in any thing Mich. 6 Jac. Regis in the Common-Pleas Porter and Rochester's Case This Term Lewis and Rochester who dwelt in Essex in the Diocess of London were sued for subtraction of Tythes growing in B. in the said County of Essex by Porter in the Court of the Arches of the B. of Canterbury in London And the Case was The Archbishop of Canterbury â—ath a peculiar Jurisdiction of 14 Parishes called a Deanry exempt from the Authority of the Bishop of London whereof the Parish of St. Mary de Arcubus is the chief And the Court is called the Arches because it is holden there And a great Question was moved If in the said Court of Arches holden in London he might cite any dwelling in Essex for substraction of Tythes growing in Essex or if he be prohibited by the Statute 23 H. 8. cap. 9. which after Debate at Bar by Councel and also by Dr. Ferrard Dr. James and others in open Court and lastly by all the Justices of the Common-Pleas A Prohibition was granted to the Court of Arches And in this Case divers Points were Resolved by the Court. 1. That â—â—l Acts of Parliament made by the King Lords and Commons in Parliament are parcel of the Laws of England and therefore shall be expounded by the Judges of the Laws of England and not by the Civillians Cannonist although the Acts concern Ecclesiastical Jurisdiction And in 10 H. 7. the Bishop of London caused onâ— to be imprisoned because the Plaintiff said he ought not to pay his Tythes to his Curate And the imprisoned Party brought his Action of false Imprisonment against those that arrested him by the Bishops Command and there the Matter is well argued what words are within the Statute and what words are not So upon the same Statute was Resolved in 5 Ed. 4. in Keysar's Case in the Kings Bench which see in my Book of Presidents And so the Statutes of Articuli Cleri de Prohibitione regiâ De Circuâ— spâ—cte agitis of 2 Ed. 6. cap. 13. c. have alwayes been expounded by the Judges of the Common-Law as was adjudged in Wood's Case Pasch 29 Eliz. So 21 H. 8. cap. 13. See 7 Eliz. Dyâ—r 233. 15 Eliz. Dyer 251. 14 Eliz. Dyer 312. 15 Eliz. Dyâ—r 327. 18 Eliz. Dyer 352 347. 22 Eliz. Dyer 377. 2. Resolved by Coke Chief Justice Warbâ—â—ton Daniel and
holden That if one were to sit in the Chancel and hath there a place his Carpet Livery and Cushion the Parson cannot claim them as Oblations for that they were hanged there in honour of the Deceased the same Reason of a Coat-Armour c. And the Chief Justice said the Lady might have a good Action during her Life in the Case aforesaid because she caused the things to he set up there and after her death the Heir shall have his Action they being in the nature of Hire-looms which belong to the Heir And with this agrees the Laws of other Nations Bartho Cassanâ—us sol 13. Coâ—cl 29. Actioâ— dat si aliquis arma in aliquo loco posita deleat aut abrasit c. and in 21 Ed. 3. 48. in the Bishop of Carlisle's Case Note That in Easter Term 10 Jacob. it was Resolved in the Star-Chamber in the Case between Hussâ—y and Katharine Leyton that if a man have a house in any Parish and that he and all those whose Estate he hath have used to have a certain Pew in the Church that if the Ordinary will displace him he shall have a Prohibition but where there is no such Prescription the Ordinary shall dispose of common and vulgar Seats Earl of Shrewes buryes Case Sir Humphry Winch Sir James Ley Sir Anthony St. Leger and Sir James Hullesâ—on certified the Lords of the Councel by Command from them by Letters dated 28. Martii 1612. of the Claim of Gilbert Earl of Shrewesbury to the Earldome of Waterford and Barony of Dungarvan in Ireland as followeth King Henry the Sixth by Letters-Patents in the 20th year of his Reign did Grant to his Cosin John Earl of Shrewsbury in consideration of his Loyal Services in the City and County of Waterford pro se c. ipsum in Comitem Waterford una cum stilo et titulo ac nomine ac honore eisdem debitis ordinamus creamus habendum to the said Earl and his Heirs-males of his Body and further did Grant the Castles Lordships c. of Dungarvan to the said Earl and the Heirs-males of his Body To hold c. of the King and his Heirs by Homage and Fealty and by the Service of being his Majesties Seneschal in Ireland After in the Parliament called Des Absentees holden at Dublin in Ireland 10. Maii 28 H. 8. It was enacted by reason of the long absence of George Earl of Shrewesbury out of the said Realm That the King his Heirs c. shall enjoy in right of his Crown of England all Honors Mannors Castles c. and all and singular possessions c. as well Spiritual as Temporal which the said George Earl of Shrewesbury and VVaterford or any other Persons had to his Use c. King Henry the 8th by his Letters Patents dated 29th of his Reign reciting the said Statute Nos praemissa Considerantes c. did Grant to the said Earl and his Heirs the Abbey of Rufford with the Lands thereunto c. in the County of Nottingham and the Lordship of Rotheram in the County of York the Abbeys of Chestersteld Shirbrook and Glossaâ—dale in Derbyshire with divers other Lands c. to be holden in Capite And the Questions were as followeth 1. Whether by the long absence of the Earl of Shrewsbury out of Ireland the Title of the Honor be lost and forfeited he being a Peer of both Realms and refiding here in England 2. Whether by the Act Des absentâ—es 28 H. 8. the Title of Dignity of Earl of VVaterford be taken from the said Earl as well as the Land c. Afterwards by other Letters Patents dated 27th of Sept. 1612. the two Chief Justices and Chief Baron were required to consider of the Case and to certifie their Opinions which Case being argued by Councel learned in the Law in behalf the said Earl and they having taken great advisement It was unanimously Resolved by them all as followeth 1. As to the fiâ—st Resolved That since it does not appear what defence was requisite and that the Consideration Executory was not found by Office to be broken in that Point the said Earl of Shrewsbury notwithstanding does remain Earl of Waterford 2. As to the second It was Resolved That the said Act 28 H. 8. Des Absenteâ—s does not onely take away the Possessions given him at his Creation but also the Dignity it self for though one may have a Dignity without Possession yet is it very inconvenient that Dignity should be cloathed with Poverty and so it was resolved in the Lord Ogles Case in Edw. 6. Reign as the Baron of Burleigh 35 Elâ—z did report The cause of Degradation of George Nevil Duke of Bedford is worth observation which was done by Act of Parliament 16 June 17 Ed. 4. which Act reciting the making the said George Duke sets forth the cause of his Degradation in these words And for so much as it is openly known that the said George hath not or by Inheritance may have any livelyhood to support the said Name Estate and Dignity c. Therefore the King by Advice of his Lords Spiritual and Temporal and Commons c. Enacteth c. That from henceforth the same Creation of the said Duke and all Names of Dignity given to the said George or to John Nevil his Father be void and of none effect Wherein are to be observed 1. That though the Duke had not Possessions to maintain his Dignity yet it could not be taken from him but by Act of Parliament 2. Great Inconveniencies follow where there is great State and Dignity and no means to maintain it 3. It is good reason to take away such Dignity by Act of Parliament and then the Act shall be expounded to take away such Inconvenience And though the Earl of Shrewsbury be of great Honour Vertue and Possessions in England yet it was not the Intention of the Act to continue him Earl in Ireland when his Possessions there were taken away And where it was objected that the general words Honours and Hereditaments are explained and qualified by the said Relative subsequent which the said George or any to his use hath Now in regard no man can be seized of the said Digniâ—y therefore the Act doth not extend to it 'T is answered that is to be understood Reddendo singula singulis and these words which the said G. E. hath are sufficient to pass the Dignity and with this agrees all the Judges Opinions in England in Nevils Case upon the like in the Statute 28 H. 8. in 7th Part of my Reports sol 33 and 34. Hill 2 Jacob. Regis Jurisdiction of the Court of Common-Pleas In the last Term by the King's Commands the Justices of the Kings Bench and Barons of the Exchequer were assembled before the Lord Chancellor Ellesmere at York-house to deliver their Opinion Whether there was any Authority in our Books that the Justices of the Common-Bench may grant Prohibitions or whether every Plea ought to be pending
in the Court for such cause And the King would know their Opinions The Judges took time till this Term and then Fleming Chief Justice Tanfield Chief Baron Saig Altham Crook Bromley and Dodderidge Yelverton and Williams Justices being dead since last Term did deliver their Opinions to the Lord Chancellor That the Presidents of each Court are sufficient Warrant for their Proceedings in the same Court and for a long time and in many Successions of Reverend Judges Prohibitions upon Information without any other Plea pending have been granted Issues tryed Verdicts and Judgments given upon Demurrer All which being in force they unanimously agreed to give no Opinion against the Jurisdiction of the Common-Bench in this Case See my Treatise of the Jurisdiction of the Common-Bench in this Point Hill 10 Jac. Regis Parliament in Ireland The Lords of the Councel did write to the two Chief Justices and Chief Baron to look into Poynings Act made 10 H. 7. in Ireland and to consider thereof and certifie what shall be fit to be held concerning the same their Letter bore date Ultimo Janii 1612. Upon which in this Term the said Chief Justices Chief Baron Attorney and Sollicitor General were assembled two days at Sergeants Inne And they considered not onely of the said Act 10 H. 7. c. 4. called Poynings Act but also of an Act made in Ireland 3 4 P. M. c. 4. Entituled An Act declaring how Poynings Act shall be expounded and taken for by the said Act 10 H. 7. it is provided That no Parliament be hereafter holden in Ireland but when the Kings Lieutenant and Councell there first certifie the King under the Great Seal of that Land the causes c. and such causes c. affirmed by the King and his Councel to be good and expedient for the Land and his Licence thereupon c. A Parliament to be holden after the former before c. And any Parliament holden contrary c. to be void in Law Upon which Act divers Doubts were conceived 1. And first Whether the said Act 10 H. 7. does extend to the Successors of H. 7. the Act speaking onely of the King generally and not his Successors 2. If the Queen Mary were within the word King and both were held affirmatively for the word King being spoke indefinitely does extend in Law to all his Successors And this is so expounded by the Act 3 and 4 P. and M. viz. That the said Act 10 H. 7. shall extend to the King and Queens Majesty her Heirs and Successors Secondly where Povnings Act sayes the Kings Lieutenant and Councel the said Act 3 and 4 P. and M. explains it to extend to all other Officers the King shall Depute by what Name soever 3. The greatest Doubt was upon these words of Poynings Act And such Causes Considerations and Acts affirmed by the King and his Councel to be good and expedient for the Land c. Whether the King may make any change or alteration of the Causes c. which shall be transmitted hither from the Lieutenant and Councel of Ireland for that it is not affirmative but correction and alteration of them and therefore it was necessary to explain that the Act 3 and 4 P. and M. was in these words Either for the passing of the said Acts and in such form and tenor as they should be sent into England or else for the change or alteration of them or any part of them 4. Another Doubt arose from these words That dâ—ne a Parliament to be had If at the same Parl. other Acts which have been affirmed or altered here may be Enacted there which is explained by the said last Act in these words viz. For passing and agreeing upon such Acts and no others as shall be returned c. 5. A fifth Doubt arose from the same words Whether the Lieutenant and Councel of Ireland after the Parliament begun and pendente Parliamento may upon debate there transmit any other Considerations c. the which said Act 3 and 4 P. and M. is by express words explained they may And it was unanimously Resolved That the Causes Considerations and Acts transmitted hither under the Great Seal of Ireland ought to be kept in the Chancery in England and not be remanded 2. Iâ— they be affirmed they must be transcribed under the Great Seâ—l and so returned into Ireland 3. If the Acts transmitted hither be in any part altered or changed here the Act so altered must forthwith be returned under the Great Seal of England for the Transcript under the Irish Great Seal to remain in Chancery here shall not be amended but the Amendment shall be under the English Great Seal See 10 H. 6. 8. which begins Mich. 18 H. 6. Rot. 46. coram Rege how a Parliament was holden there before Poynings Act. See also another Act made in Ireland the same 10 H. 7. c. 22. vide R. 3. 12. Hibernia habet Parliamenta faciunt leges nostra statuta non ligant â—os quia non mittunt milites ad Parliamentum sed personae coâ—um sunt subjecti Regis sicut inhabitantâ—s Calinae Gascogniae Guienae But question is made of this in some of our Books vid. 20 H. 6. 8. 32 H 6 25. 1 H. 7. 3. 8 H. 7. 10. 8 R. 2. Precess 204. 13 Ed. 2. Tit. Bastard 11 H. 47. 7 Ed. 4. 27. Plow Comment 368. 13 Eliz. Dyer 35. 2 Eliz. Dyer 366. Calvins Case 7th of my Reports 226. 14 Ed. 3. 184. A Prâ—bend in England made Bishop of Dublin in Ireland his Prebendary is voâ—d See the Sâ—atute of Ireland c. That the Acts of Parliament made in England since the 10 H. 7. do not hind them in Ireland but all made in England before the 10 H. 7. by the Act made in Ireland 10 H. 7. c. 22. do bind them in Ireland Note Cambden King at Arms told me that some held if a Baron dyes having Issue divers Daughters the King confer the Dignity to him who marryes any of them as hath been done in divers Cases viz. In the case of the Lord Cromwel who had Issue divers Daughters And the King did confer the Dignity upon Burchier who marryed the youngest Daughter and he was called Cromwel and so in other Cases Note by Linwood it appears by the Canons Ecclesiastick none may exercise Ecclesiastick Jurisdiction unless he be within the Orders of the Church because none may pronounce Excommunication but a Spiritual Person But now by the 37 H. 8. c. 17. a Doctor of Law or Register though a Lay-man may execute Ecclesiastical Jurisdiction No Ecclesiastical may cite a Church-Warden to the Court but so as he may return home the same day Also the Canons limit how many Courts Ex Officio they may have in a year Mich. 11 Jac. Regis Note If a man give to one of his Children a certain sum in his life and after dyes though this is not given as a Child 's full Portion yet it
Benevolent Hearts By this means he collected great Sâ—ms of Money but with some grudge 11 H. 7. ca. 20. An Act was made for levying that Benevolence 20 H. 7. A Commission to levy what was granted 11 H. 7. 15 H 8. A Commission under the Great Seal called A Commission of Anticipation 16 H. 8. For Warre with Fraâ—ce a Benevolence levyed with great Curses against the Councel for it was for a sixth part of the value in Money or Plate against the Subjects good-will 26 H. 8. Another Benevolence levyed by Commission against the Subjects Will But if the Subjects will of their free Will give the King any Moneys this is not prohibited by any Stature This is proved by the 11 H. 7. c. 18. Feb. Anno 40 Eliz. Resolved by all the Justices and Barons That a free Grant to the Queen without coertion is lawful and accordingly they granted the Queen Quod not a hene Quia c. Pasch 12 Jac. Regis The Case of Dungannon in Ireland being a New Corporation was thus The King Constituted the Town of Dungannon to be a Free Borough Et ulterius volumus c. quod Inhabitantâ—s Villae praedictae sint unum corpus corporatum per nomen Praepositio 12 Burgensium Communiâ—atis Dungannon c. Et quod ipsi praedicti Praepositi Burgenses successores sui habeant potestaten eligendi duos Burgenses c. ad Parl. c. And the Doubt was If this Grant of Election of Burgesses of Parliament were good because it was granted but to parcel of the body viz. the Provost and Burgesses and not to the Commonalty And the Chief Baron thought this being but a Nomination it was sufficient to make the Provost and Burgesses onely to have it but this was denyed by all Justices and Barons For the power to Elect Burgesses is an Inheritance which the Provost and Burgesses are not capable of and ought to be vested in the entire Corporation And so it was Resolved by all That such a Grant made by the King should be void for the Inhabitants have not Capacity to take an Inheritance as in 15 Ed. 4. to have Common And Littleton saith in his Chapter of Burgage That the Burroughs which send Burgesses to Parliament were the most antient and chief Cities c. So that it shall be intended that at first they were incorporate Also Plus valet saepenumero vulgaris consuetudo quam regalis concessio But it was Resolved by Hâ—bbard Tanfield Altham Wiâ—th Nicols and Haughton that Quod Volumus was a good word of Grant as Pigot was of Opinion 21. Edw. 4. and this shall be implyed a Grant to all the Corporation that the Provost and Burgesses shall Elect c. And regularly when the Grant is indefinite viz. First Concedimus an incertain thing ulterius volumus quod Praepositus Burgenses Successores sui eligerint This shall be within the first Concedimus to all the Body But the Chief Justice of England and Dodderidge thought the contrary Note All the New Corporations were of the same Form and in none of them is any Clause to Elect New Burgesses so that when the modern Burgesses dye the power to Elect Burgesses is gone Mich. 12 Jacobi Regis A Question was moved to the Chief Baron and Justices of Sergeants Inn in Chancery-Lane That if a Felon be convict either by Verdict or Confession if immediatly by his Conviction his Goods and Chattels be forfoited And it was said That if the Felon after Conviction pray his Clergy he then shall clearly forfeit his Goods and Chattels for Quodam modo this is a Flight because refusing the Common-Law he flyes to Priviledge of Holy Church But it was Resolved by the chief Baron and Justices That immediatly by his Conviction his Goods and Chattels are forfeited and the praying of his Clergy is not any Forfeiture and with this agrees Stamf. sol 192. a. and also 1 R. 3. And of the same Opinion was the Chief Justice and Justices of Sergeants Inne in Fleetstreet Vid. Trin. 41 Eliz. 332. Mich. 12 Jacobi Regis Anne Hungate's Case in Cam. Stell In this Term a great Case was heard and determined in the Star-Chamber between Sir Henry Day who dyed pendent the Bill and Anne his Wife and Nicholas Bedingfield Esque and Elizabeth his Wife Plaintiffs And Anne Hungate Widow Sir Robert Winde Henry Branthwait Esque Thomas Townesend Esq Thomas Blomfield Gent. and George Min Gent Defendants The Case was thus Henry Hoogan Esq being seized of the Mannor of Hamonds and of divers Lands of East-Bradenham c. in Norfolk in Fee by Deed enfeoffed them in the use of the said Anne who took Hungate to Husband and had Issue by him a Son and a Daughter and he dyed Anne obtained the Wardship of the Son and after when the Son was of the Age of 21 years wanting onely 6 Weeks by Dedimus potestatem directed to Sir Robert Winâ—e Henry Branthwayt then Feoâ—ary and Thomas Townesend they took Cognizance of a Fine of the said Son being of the Age aforesaid and sick And the Bill charged them all with Practice in procuâ—ing the said Son to acknowledge the said Fine they knowing him under Age and in Wardship as aforesaid but there was no practice used by any of the Defendants but the Son of his own good-will levyed it And by Indâ—nture the use was limited to his Mother the said Anne and her Heirs with power of Revocation by the Son upon tender of 10 s. And this was in consideration that the Mother had paid the Debts of his Father which were very great and had obtained the Wardship of him and to confirm her Joynture And that his Mother if she pleased might give it to his Brother by Hungate who was but of half-bloud And it appeared the Mother knew the Son to be within Age but the Commissionars were ignorant of it nor did they send for the Church-Book in which his Age did appear being in the same Parish And the Plaintiffs Councel prayed that the Defendants should be punished for their Misdemeanour And that the Women Plaintiffs who were Cosins c. Heirs to the said Son of the entire bloud should be dis-inherited by the said Fine To which it was Resolved by the two Chief Justices and chief Baron That there was not any Crime punishable by the Law in this Case for the Judges of the Law and of this Court may punish Offences c. but they cannot create Offences nor do as Hannibal did to make his Way over the Alps when he could find none for Judicandum enim legibus ubi non est lex ibi nec est transgressio And therefore if a Fine levyed by an Infant be not Reversed during his Minority 't is unavoidable in Law because the Infants Age is to be tryed Non testium testimonio non juratorum veredicto sed Judicis inspectione solummodo F. N. B. sol 21. And for this it was Resolved by the said
Fostér Justices That the Archbishop of Canterbury is restrained by the 23 H. 8. cap. 9. to câ—â—e any one out of his own Diocess for Diocâ—ses dicitur distinctio c. quae divisa vel diversa est ab Ecclesia alterius Episcopatus commissa gubernatio in unius and is derived a Di that signifies duo two et Electio quia separat duas Jurisdictiones And because the Archbishop of Canterbury hath a peculiar Jurisdiction in London for this cause it is fitly said in the Title Preamble and Body of the Act that when the Archbishop sitting in his exempt Peculiar in London cites one dwelling in Essex he cites him out of the Bishop of Londons Diocess ergo out of the Diocess And in the Clause of the Penalty of 10 l. it is said Out of the Diocess c. where the Party dwelleth which agrees with the signification of Diocess befóre And the words far off were put in the Preamble to shew the great mischief that was before the Act as the 32 H. 8 cap. 33. in the Preamble it is disseizins with strength And the Body of the Act saith such Disseizor the same extending to all Disseizors but Disseizin with force is the greatest mischief 4 and 5 Eliz. Dyer 219. So West 2. cap. 5. adjudged 44 Ed 3. 18. So 21 H. 8. cap. 15. In all which the Case is stronger than the Case at Barre there the word such in the Body of the Act referring to the Preamble which is not in our Case 2. The Body of the Act is No Person shall be henceforth cited before any Ordinary c. out of the Diocess or peculiar Jurisdiction where the Person shall be dwelling and if so then a fortiori the Court of Arches which sits in a Peculiar shall not cite oâ—hers out of another Diocess And the words out of the Diocess are meant of the Diocess or Jurisdiction of the Ordinary where he dwelleth 3. Observe the Preamble of the Act recites expresly That the Subjects were called by compulsory Process to appear in the Arches Audience and other Courts of the Archbishoprick of this Realm So that the Intention of the Act was to reduce the Archbishop to his proper Diocess unless in five Cases 1. For any Spiritual Offence or Cause committed or omitted contrary to Right and Duty by the Bishop c. which word omitted proves there ought to be a Default in the Ordinary 2. Except it be in Case of Appeal and other lawfull Cause where the Party shall find himself grieved by the Ordinary after the matter there first begun ergo it ought to be first begun before the Ordinary 3. In case the Bishop or Ordinary c. dare not or will not convent the Party to be sued before him 4. In case the Bishop or Judge of the place within whose Jurisdiction or before whom the Suit by this Act should be begun and prosecuted be party directly or indirectly to the Matter or Cause of the same Suit 5. In case any Bishop or other inferiour Judge under him c. make Request to the Archbishop Bishop or other inferiour Ordinary or Judge and that to be done in Cases onely where the Law Civil or Common doth affirm c. 1. Also there are two Provisoes which explain it also viz. That it shall be lawful for every Archbishop to cite any person inhabiting in any Bishop Diocess in his Province for matter of Heresie by which it appears that for all Causes not excepted he is prohibited by the Act. 2. There is a saving for the Archbishop calling any Person out of the Diocess where he shall be dwelling to the Probate of any Testament which Provisoe should be vain if notwithstanding that Act should have concurrent Authority with every Ordinary throughout his whole Province Wherefore it was concluded That the Arch-Bishop out of his Diocess unless in the Cases excepted is prohibited by the 23 H. 8. to cite any man out of any other Diocesse which Act is but a Law declaratory of the antient Canons and a true Exposition of them And that appears by the Canon Cap. Romana in sexto de Appellationibus Cap. de competenti in sexto And the said Act is so expounded by all the Clergy of England at a Convocation at London Anno 1 Jac. Regis 1603. Canon 94. And whereas it is said in the Preamble of the Act in the Arches Audience and other High-Courts of this Realm It is to be known that the Archbishop of this Realm before that Act had power Legantine from the Pope By which they had Authority not onely over all but concurrent Authority with every Ordinary c. not as Archbishop of Canterbury c. but by his Power and Authority Legantine Et tria sunt genera Legatorum 1. Quidam de latere Dom. Papae mittuntur c. 2. Dativi qui simpliciter in Legatione mittuntur c. 3. Nati seu nativi qui suarum Ecclesiarum praetextu legatione fingantur et sunt 4. Archiepiscopus Cant. Eboracensis Remanensis et Pisanis Which Authority Legantine is now taken away and abolished utterly 3. It was Resolved That when any Judges are by Act of Parliament if they proceed against the Act there a Prohibition lyes As against the Steward and Marshal of the Houshold Quod non teneant placita de libero tenemento de debito de Conventione c. So Articuli super Chartas cap. 3. Register fol. 185. So against the Constable of Dover So to Justices of Assize Quod inquisitiones quae sunt magni exactionis non capiantur in Patria So to the Treasurer and Barons of the Exchequerâ— upon Art super Chart. c. 4. Stat Rutland cap. ult See F. N. B. 45. 46 c. 17 H. 6. 54. vide 13 Ed. 3. Title Prohibition So against all Ecclesiastical Judges upon 2 H. 5. 3. and therewith agrees 4 Ed. 4. 37. and F. N. B. 43. c. So the Case upon the Stat. 2 H. 5. c. 15. as appears by the President 5 Ed. 4. Keysons Case 10 H. 7. 17. See Paston's Opinion 9 H. 6. 3. See the 35 H. 6. 6. when any things is prohibited by a Statute if the Party be convicted he shall be fined for the Contempt to the Law And if every person should be put to his Action upon the Statute it would encrease Suits and a Prohibition is the shorter and easier way And the Rule of the Court was Fiat prohibitio Curiae Cantuar. de Arcubus Inter partes praedict per Curiam And Sherly and Harris jun. Sergeants at Law were at Councel of the Case Mich. 6 Jac. Reges Edward's Case The High-Commissioners in Causes Ecclesiastical objected divers English Articles against Thomas Edwards of Exeter As 1. That Mr. John Walton being trained up in Oxferd University was there worthily admitted to several Degrees of Schools and deservedly took upon him the Degree of Dr. of Physick 2. That he was a Reverend and well-practised man in the Art of Physick 3. That
assigned in the Ve Fa which was certified by Writ of Certiorari and upon this Writ no Return was made upon the Back of the Writ which is called Returnum Album And for that Cause this Easter Term the Judgment was reversed Trin. 7 Jac. Regis In Cur. Wardorum It was found by Writ of Diem clausit extremum after Roger Westcots death that the said Roger the day that he dyed was seized of and in the moiety of the Mannor of Trewalliard in his Demesne as of Fee and so dyed seized and that the moiety of the said Mannor 19 E. 3. was holden of the then Prince as of his Castle of Trematon parcel of his Dutchy of Cornwall by Knight-Service as appears by a certain Exemplification of Trematon for the said Prince made 9 Martii 19 E. 3. And the Words of the Extent were Willielmus de Torr tenet duo feoda et dimid Milit. apud Picke Stricklestombe Trewalliard per servitium militare reddit inde per annum 8 d. And it was Resolved by the two Chief Justices and Chief Baron That the Office concerning the Tenure was insufficient and void for the Verdict of a Jury ought to be full and direct and not with a prout patet for now the force of the Verdict lyes upon the Extentâ— which if it be false he who is grieved shall have no remedy by any Traverse for they have not found the Tenure indefinite which may be Traversed but with a prout patet which makes the Office in that Point insufficient And upon that a melius inquirendum shall issue And herewith agrees F. N. B. 255. FINIS THE TABLE A. AUrum Reginae what and what right the Queen hath to it 19 Alienations by Bishops when voidable by their Successors and when the King or Queen may void them 75 76 Admiralty Jurisdiction thereof is no Court of Record 82 83 84 85. 88 89. 109. 199. 200 201 Absence takes not away a Title of Honour and why 111 112 113 Affidavits false when how and from whom punishable 134 135 Arches Court its Jurisdiction 147 Arch-Bishop of Canterbury his power to act and in what cases 148 149 150 151 Apprentice none may keep a shop c. or set up a Trade c. unless he have served seven years 154 155 Apples whether within the Act for ingrossing and what within that Act 160 B. Bishops when lawfull and their Authority what and whence derived 8 9 Buggery what and how punishable 36 37 Baron who shall be said to be a Baron of Parliament and in what cases 73 74 Benevolence the nature thereof and how may be imposed 124 125 Burgage Tenure what and if tenant in Burgage shall pay aid to the King to make his Eldest Son Knight 169 170 171 172 Bridges who ought to repair them 176 177 C. Custome whence to be paid and of what 16 17. 33 Commissioners High Commissioners their power 17 18. 47 48 49 50 51 52. 72 73. 87 88 89 90 Conspiracy where such action lies for what and against whom 22 23 24. 95 96 97 Commissions what of them are against Law e contra 29 30 31 32. 93 94 Consultation where grantable 43. 46. 67 68 69 70 71 Court Christian their Power 44 Court of Common-Pleas their Power and Antiquity 60 61. 113 114 Convocation authority thereof 76 Contempt what shall be said a high contempt of the King and how punishable 100 101 Chester Chamberlain there his power 118 119 Court what judgement shall be given when the Court is divided in opinion 123 124 Contract what shall be said an intire Contract 205 206 Common when suspended or discharged e contra 214 215 Custome where and how available 216 217 218 219 D. Dignity the King may erect any name of Dignity that was not before or transfer it 85 86. 116 117 Deed obtained by Covin shall not bind 95 Duresse per Gaoler 133 Dower what a barre thereto e contra 161 162 163 164 165 F. Forrests what so properly and what may be done therein 20 21 First-Fruits and Tenths given to the Crown 46 47 Ferry-man when he may throw goods over boord 65 Felony while an Attainder in force no Felony before to be answered for 105 Forgery where punishable and how 108 177 178 Felon when his goods are forfeit 127 Fine levied how avoidable and for what 127 128 129 130 131 132 133. 202 Fine to the Lord of a Manor in Copy-hold ought to be reasonable 143 144 145 146 G. Grants antient not to be drawn in question 6 Grants of the Kings when void e contra 91 92 What shall be a good Grant to elect Burgesses to Parliament 126 H. Heresie what how and by whom punishable 58 59 60 Hand when the right hand shall be cut off and for what 74 75 Habeas Corpus 89 90 Haeretico comburendo the Writ therein lyeth 98 I. Impropriations not examinable and why 4 5 Confirmed by time though defective 5 6 Impositions when they may be laid by the King 32 33 34 Justices of Peace when they may award Processe of Outlawry 107 108 Their Power as to making Warrants 136 137 138 L. Libells what shall be judged a Libell and how and where to be punished 35 35 Law of England to be expounded by the Judges of it and none other 147 Lease for Lives when determinable 216 M. Marriages Priests Marriages not void 9 Marches Courts there when erected and why as also the power of Lords President there 51 53 54 55 56 57 58 Man-slaughter what so adjudged 92 93 Modus Decimandi what where suable 155 156 157 158 159 160. 181 182 183 184 185 186 ad 193 Meane profits when to be answered to the King 196 N. Nobility Priviledge thereof what 100 101 102 O. Oath Ex Officio in what cases the Ordinary may examine Ex Officio upon Oath 25 26 27 28 Office where traversable 106 107 Offices new where and upon what cause they may be erected 121 122 123 Office found where void and why 195 196 197. 222 Where an Estoppell 210 211 P. Procedendo in Loquela not allowable 4 Pardons what offences the King may pardon 28 29 Premunire where it lies and where not and against whom 37 38 39 40 41 42. 98 99 Prohibitions in what cases grantable and against whom and by what Courts 43 44 45 46. 52. 60 61 62 63. 66 67. 80 81. 89. 90. 150 151 152 153 Piracy who shall have Pyrates goods 77 Proclamations what may be prohibited thereby and the validity thereof 78 79 80 Priests may not be arrested in Holy Church c. 104 105 Perjury where punishable 106 Poynings Law how it shall be expounded 114 115 116 117 Portion what shall be said a sufficient Childs Portion 117 Palatine County its Jurisdiction 119 Parliament Forms and Orders of Parliament 119 120 Prohibition where it lies and for what and in what not 155 156 157 158 159 160. 172 173 174 175 176. 181 ad 193 Primer seisin where the King shall have it 198 199 Priviledge of Parliament to be determined by the Court of Parliament 212 213 Processe not to be made out of the Star-Chamben neither for damages nor costs 213 Parish Clerke who shall chuse 219 220 R. Recognizances when forfeited and for what 1 2 3 Rent when determinable by the Lessors death e contra 35 36 Robbery where the Hundred may be sued 64 65 Return when insufficient e contra 135 136 Returnum Album 222 S. Stannaries the Kings Prerogative therein 9 10 11 Salt-petre the Kings Prerogative therein in several points 12 13 14 Simony what it is and the penalty thereof 78 Statute what Officers shall be within the Stat. 5 E. 6. 16. for avoiding corruption 82 83 What is an offence within 11 H. 4. 9. 102 103 Slander fined in the Star-Chamber and why 108 Seat in the Church right thereto 109 110 Scandalum Magnatum what and how punishable 138 139 Sewers the Commissiones therein their power and how antient 179 180 T. Tayle Tenant in Tail may forfeit his Estate and when and for what 6 7 Treason what shall so be accounted e contra 14 15 16 Accessary in Treason who 86 Tenure what shall be said a Tenure in Capite c. 140 141 142 Tithes substracted where to be sued for 165 166 167 Tithes to be paid and for what and the neglect thereof how punishable 193 194 Timber-trees Oakes and Ash who may cut e contra 208 209. 216 217 V. Vowes of what validity in Common Law 99 W. Women Maids c. to take and marry against their Wills is Felony 18 19. 104 Wales Justices there not to be constituted by Commission 50 51 Witnesses Testis singularis not allowable 68 Parties to be no witnesses 72 Widow when and how her election shall determine 117 Winding-sheets felony to steal them 118 Wills and Testaments fees for writing thereof and extortion therein how punishable 177 202 Ward who shall be a ward to the King 203 204 205 Words action for words where it lies 207 208. 221 The End