pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
De Tallagio non concedendo Tempore E. 1. cap. 4. All persons shall have their laws liberties and free customs as largely as they have used to have them when they had them best And if any Statutes or Customs have been made or brought in by us or our Predecessors or if any article contained in this Charter be found contrary thereunto they shall be void VIII Stat. 1 E. 3. Stat. 2.4 All Cities Burroughs and franchised Towns shall injoy all their franchises customs and usages as they ought and were wont to do IX Stat. 14 E. 3. Stat. 1. cap. 1. Holy Church shall have her liberties in quietness The great Charter and that of the Forest shall be holden in all points and the City of London and all other Cities and Burroughs shall injoy all their Franchises and Customs which they have reasonably had and used in times past X. Stat. 25 E. 3. Stat. 3.1 All priviledges and franchises heretofore granted to the Clergy are confirmed and shall be holden in all points XI Stat. 6 R. 2. Stat. 1.1 The Church of England shall have all her liberties whole and unhurt and the same shall fully injoy and use XII Stat. 7 R. 2.1 Holy Church shall injoy all their liberties and franchises as she had them in the time of the King's Progenitors The like is granted in 2 R. 2.1 3 R. 2.1 5 R. 2.2.1 12 R. 2.1 1 H. 4.1 XIII Stat. 2 H. 4.1 The Church shall have her rights and liberties All Lords spiritual and temporal Cities Burroughs and Towns enfranchised shall injoy their liberties and franchises which they have lawfully used or have had by the grant of the King's predecessors Kings of England Vide 9 H. 4.1 13 H. 4.1 3 H. 5.1 and 2 H. 6.1 which are in effect the same save that they except such Franchises as are repealed or repealable by the Common-Law XIV Stat. 27 H. 8.24 None but the King shall have power to pardon treason or felony or such as are accessary to or outlawed for the same notwithstanding any Grant Usage Prescription Act or other thing to the contrary XV. None shall make Justices in Eyre of Assize Peace or Gaol-delivery but only the King and that by his Letters patents under the great Seal and notwithstanding any grant c. XVI All Writs Indictments and Processes in every County Palatine or other liberty shall be made in the King's name Teste the owner of such County Palatine or liberty and here in every such writ and indictment of any offence against the Peace it shall be supposed to be done against the King's Peace and not against the peace of any other person notwithstanding any Grant c. XVII Provided that Justices of Assize Gaol-delivery and Peace in the County Palatine of Lancaster shall be so made under the King 's usual seal of Lancaster notwithstanding any Act. XVIII Provided also that Corporations which have power to have Justices of Peace and Gaol-delivery may have them still notwithstanding this Act. XIX Stewards Bailiffs and other Ministers of Liberties shall attend the Justices of Assize Gaol-delivery and Peace and make due execution of Processes to them directed within their liberties and the Bailiffs there or their Deputies shall also attend and assist the Sheriff at the Gaol-delivery for execution of prisoners XX. Provided that the last clause shall not be prejudicial to any Stewards or Bailiffs of Corporations which are not compellable to attend or appear out of their Corporations XXI The King shall have the fines issues amerciaments and forfeitures which shall be set upon or lost by Stewards Bailiffs or other Ministers of Liberties notwithstanding any grant c. And amerciament for insufficient returns made by such Stewards or Bailiffs shall be set upon their heads and not upon the Sheriffs XXII Purveyors may take provision within liberties notwithstanding any grant c. Provided such purveyors observe the Statutes made for them in that behalf XXIII The King's officers may keep their Courts within the Verge and his Clerk of the Market onely shall execute his Office there notwithstanding any Liberty but London XXIV All Statutes made against Sheriffs Under-Sheriffs Bailiffs or other Ministers for any misdemeanour concerning their Offices shall extend to Stewards Bailiffs and other Ministers of Liberties XXV Stewards and Bailiffs of Liberties and their Deputies and Clerks may execute their office above a year notwithstanding this last clause XXVI All such Justices to be made as is aforesaid rehearsed in this Act shall have power to hold their Sessions of Peace and to deliver the Gaols within their liberties and to execute all other things within the same in as ample manner as other Justices of Peace and Gaol-delivery do in any Shire notwithstanding any Act Grant c. XXVII The new Justices now to be made by the King within Liberties shall sit where such Justices have commonly used to sit before and none within the said Liberties shall be compellable to appear before any other Justices of the same Liberties XXVIII Sir Thomas Englefield now Justice of Chester annd Flint shall not be prejudiced by this Act. XXIX This Act shall not be prejudicial to Corporations but they shall injoy such liberties fines issues amerciaments and forfeitures as they did before the making thereof XXX The Bishop of Ely and his Steward for the time being shall be Justice of Peace within the same Isle notwithstanding this Act so also shall the Bishop of Durrham and his Chanceller in that County Palatine and the Bishop of York and his Chancellor of Hexam within that Precinct XXXI Stat. 32 H. 8.20 The same franchises that the late owners of Religious houses had within three moneths before their dissolutions shall be revived and be actually in the King and in the survey of the Court of Augmentations and the Stewards Bailiffs and Ministers thereof shall account there as other Officers accountants of the King in that Court have done XXXII The Franchises of the late Religious houses which have come to the King's hands by attainder shall be in the order of the Court of general Surveyors and the Stewards Bailiffs and other Ministers thereof shall account there as other officers accountants of the King in that Court have done XXXIII The said Stewards and other Officers shall be attendant and obedient in all other the King's Courts as the officers of the said late owners were and no Sheriff or other forein officers shall intromit into their Liberties in any other manner then they lawfully might have done before the said Franchises came into the King's possession XXXIV Every person may use all such liberties as he hath by the King's grant or otherwise notwithstanding this Act also the offices fees annuities and profits of all persons out of any of the lands of the said Religious houses are saved XXXV Fines may be levied in the Court of Augmentations of lands within that Survey to the King's use without fee and the Justices of the Common Pleas
here provided for the Lessee for years VI. Stat. 34 35. H. 8.20 No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or Voucher be had in any such feigned recovery or not but that after the death of every such tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the lands tenements and hereditaments so recovered according to the form of the gift in tail the said recovery notwithstanding VII And here the heirs of every such Tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his heirs VIII This Act shall not extend to prejudice the Lessee or Lessees of any such Tenant in tail made in writing indented of any Mannors Lands c. for 21 years or three lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall injoy his or their Term or Terms according to the Statute of 32 H. 8.28 which see in Leases this Act notwithstanding IX Stat. 14 El. 8. All recoveries had or prosecuted by agreement of the parties or by covin against Tenants by the curtesie Tenants in tail after possibility of issue extinct for term of life or lives or of estates determinable upon life or lives or of any lands tenements or hereditaments whereof such particular tenant is so seised or against any other with Voucher over of any such particular tenant or of any having right or title to any such particular estate shall from henceforth as against the reversioners or them in remainder and against their heirs and successors be clearly void X. This Act shall not prejudice any person that shall by good title recover any lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Re-disseisin I. Merton 3. 20 H. 3. If any be disseised of their fee-hold and before the Justices in Eyre hath recovered seisin by Assise of Novel disseisin or by confession of the disseisors and hath had seisin delivered by the Sheriff if afterwards the same disseisors disseise the Plaintiff of the same free-hold and be thereof convict they shall be imprisonod until the King hath discharged them by redemption recognition of Assize Judgement or some other way II. This is the form of punishing of such convict persons The Plaintiff shall procure a Writ from the Kings Court directed to the Sheriff and containing the plaint of disseisin done upon disseisin By this Writ the Sheriff shall be commanded that he taking with him the Keepers of the Pleas of the Crown and other lawful Knights shall in proper person go to the Land or Pasture whereof the plaint was made where if they find him disseised again the Sheriff is to do as is above provided but if not the Plaintiff shall be amerced and the other shall go quit Howbeit the Sheriff shall not execute any such plaint without the Kings special Command III. There is the like Law for such as recover their seisin by Assise of Mortdancester or by Enquests if they be re-disseised by the first disseisors IV. Marlb 8. 52 H. 3. Persons imprisoned for re-disseisin shall not be delivered with the Kings special command and shall make fine to the King for their trespass And if the Sheriff deliver any contrary to this Ordinance he shall be grievously amerced and yet the persons so delivered shall be also grievously punished for their trespass V. West 2.26 13 E. 1. In Writs of re-disseisin double damages shall be awarded and the re-disseisors shall not be repleviable by the common Writ VI. Those that recover by default redition or otherwise without recognition of Assises or Juries shall have Writs of re-disseisin as well those which recover by Assise of Novel disseisin Mortdancester or other Juries provided for by the Statute of Merton 20. Relief I. Magna Cart. 2. When Lands holden of the King in chief by Knight-service descend to an heir of full age The reliefs are as followeth For an Earldom 100 l. For a Barony 100 Marks For one whole Knights fee 100 s. And he that hath less shall give less according to the old custom of the fees Religion * I. Stat. 14. Ca. 2. Ca. 4. The Stat. of 1 Eliz. Ca. 2. recited for uniformity of Common Prayer and considered by certain Commissioners appointed by the King for reviewing and altering the same and afterward being also reviewed by the Convocation The said Book of Common Prayer so altered c. is allowed and recommended to the Parliament by the King to be used under such sanctions and penalties as the Houses of Parliament shall think fit the same is enjoyned to be red in all Churches Chappels and places of publick Worship in England Wales and Town of Barwick upon Tweed in such order as is enjoyned by the said Book annexed to the said Act. II. Every Parson Vicar or other Minister in possession of any Ecclesiastical Benefice enjoyned to read the Common Prayer upon some Lords day morning and evening before the Feast of St. Bartholomow 1662. and after such reading the same make the Declaration verbatim as followeth I. A. B. do here declare my unfained assent and consent to and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church of England according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons Upon penalty there being no lawful impediment and within one month after such impediment removed of being deprived ipso facto as if the person neglecting or refusing so to do were dead III. All Parsons Vicars and Ministers to be after presented or put into any Ecclesiastical Benefice enjoyned to read the Common Prayer as aforesaid and to make the aforesaid Declaration within two months after they shall be in actual possession upon the same penalty as aforesaid IV. All Incumbents that reside upon their livings and keep Curates shall once every month themselves read the said Common Prayer upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace to be levyed by distress and sale of the offendors goods by Warrant from the said
Justices to the Churchwardens or Overseers of the poor if not paid within ten dayes V. All Deanes Canons Prebendaries Masters Fellows of Colledges c. Parsons Vicars Lecturers Schoolmasters c. enjoyned to take and subscribe the Declaration following J. A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that trayterous position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare that I do hold there lies no obligation upon me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of the Kingdom The same shall be subscribed by the Heads of Colledges c. in the Universities before the Vicechancellor or his Deputy And before the Archbishop or Ordinary of the Diocess by every other person upon pain of forfeiture and loss of their places as if dead VI. Schoolmasters or Tutors that shall teach any youth in any private house without licence from the Archbishop or Ordinary of the Diocess shall for the first offence suffer 3 months imprisonment for every second or other 3 months imprisonment and forfeit 5 l. VII Every Parson Vicar Curate and Lecturer after subscription made shall procure a Certificate under the hand and seal of the Archbishop Bishop or Ordinary of the Diocess and publickly read the same together with the said Declaration upon some Lords day within 3 months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain of being deprived ipso facto and his place void as if dead VIII After the 25th of March 1662. the words following part of the Declaration shall be omitted viz. And I do declare that I do hold there lies no obligation on me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of this Kingdom and none shall thenceforth subscribe or read the same IX No person not ordained according to the form of Episcopal Ordination shall hold any Benefice with cure or Ecclesiastical promotion nor be capable of any such benefice nor administer the Sacrament not being ordained a Priest according to the form of the foresaid Book upon pain to forfeit for every offence 100 l. one moyety to the King the other moyety to the party that will sue for the same X. Provided the penalties in this Act extend not to Aliens of foreign reformed Churches allowed by the King XI Provided no title of laps accrue by any avoidance or deprivation by this Act but after 6 months after notice given by the Ordinary to the Patron or such sentence of deprivation openly read in the Parish Church becoming void by this Act. XII No other Form of Common Prayer shall be used in any Church Chappel or publick place Colledge or Hall of the Universities And all Governors and Heads of Colledges in the Universities shall within a month after admission to his place openly in the Church Chappel or publick place of the Colledge in the presence of the Fellows and Scholars of the same subscribe the 39 Articles of Religion mentioned in the Stat. 13 El. Ca. 12. and declare his approbation of the said Book of Common Prayer And all the said Governours or Heads shall read the morning Prayer according to the said Book once every quarter publickly in their Church Chappels or other publick place upon pain of suspension for 6 months from their place and if he shall not subscribe to the said Articles and Book within the said 6 months then the place to be void Provided the said Book may be used in Latine in Colledges XIII None shall preach or read as a Lecturer without Licence of the Archbishop or Bishop of the Diocess And all Lecturers shall declare their consent to the 39 Articles aforesaid and shall openly read the Common Prayers and declare their approbation thereof and shall read the same the first Lecture-day of every month and after reading declare their approbation thereof upon pain to be disabled to preach or read any Lecture until he shall conform XIV Provided it shall suffice that Lecturers in Cathedral Churches only declare their assent to the said Book XV. If any person so disabled shall preach any Lecture or Sermon the person so offending shall suffer 3 months imprisonment in the common Goal And any two Justices of the Peace and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place made to him or them of the offence committed shall commit the person offending to the Goal accordingly XVI The Common Prayer shall be read before every Sermon or Lecture and the Lecturer that shall preach shall be present at the same Provided this Clause extend not to Sermons or Lectures preached as publick University Sermons XVII The several Laws and Statutes formerly made for uniformity of Prayer and now in force shall be put in ure for punishment of offences against the Book established by this Act 1 El. Ca. 2. 23 El. Ca. 1. Proviso the names of the King and Queen be fitted in the Prayers Letanies and Collects according to the present occasion XVIII The Books of Common Prayer shall be provided by every Parish Chapelry Cathedral Church Colledge and Hall upon penalty of 3 l. a month for lack thereof for every month after St. Bartholmews day 1662. XIX Provisoe that the Bishops of Hereford St. Davids St. Asaph Bangor and Landoff do take care for translating the said Book into the Welsh Tongue for Printing and providing the same in every Parish there XX. True Copies of the said Book of Common Prayer shall be exemplified under the great Seal of England and kept in the several Courts of Westminster and Tower of London to be produced and shewed forth in Court as need shall be XXI Provided this Act be not prejudicial to the Kings Professor of Law in the University of Oxford concerning the Prebend of Shipton in the Cathedral Church of Sarum united to the said Professors place by King James XXII Proviso whereas the clause in the 36th Article mentions the Book established by K. E. 6. It shall extend to the Book of Common-prayer established by this Act. See the precedent Laws of this matter Title Crown and Title Service and Sacraments XXIII Stat. 15. Car. 2. Ca. 6. Stat.
Tile before the first of March and shall likewise be tryed and severed from stones malne marle and chalk II. A plain Tile shall contain in length ten inches and an half in breadth six inches and a quarter and in thickness half an inch half a quarter at least A roof or cross-tile in length thirteen inches and in thickness as before with convenient deepness accordingly a gutter and a corner-tile in length ten inches and an half with convenient thickness breadth and deepness III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by Action of debt and besides shall make fine and ransom at the Kings will IV. Justices of Peace shall hear and determine these defaults and effences as well at the suit of the King as of the party grieved and shall not set less fine upon an offender against this Act then after the rate of 5 s. for every thousand of plain Tile 6 s. 8 d. for every hundred of roof-tile and 2 s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in pain to forfeit to the King for every default 10 s. and shall have of every Tile-maker for such search after the rate of 1 d. for every thousand of plain Tile ob for every hundred of roof-tile and qu. for every hundred of corner and gutter-tile and shall make presentment of all defaults found at the next Sessions which shall be as effectual in Law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of Peace have also power to hear and determine in the defaults of the said searchers Tindale Ridesdale and Examshire I. Stat. 2 H. 5.5 If any person of Tindale or Examshire commit any murder treason manslaughter or robbery or consent thereunto out of the said Franchises Process shall be made against him until he be outlawed and after outlawry returned the Justices before whom it is so returned shall make certificate thereof to the Ministers of the said Franchises who shall take such Felons and seize their lands and tenements into the hands of the Lords of the same Franchises as forfeit but their lands and tenements out of those Franchises shall be seized to the use of the King and other Lords having Franchise there as forfeit saving to the King the forfeitures of such offenders which to him belong in right of his Crown II. Stat. 9 H. 5.7 The Statute of 2 H. 5.5 made against offenders in Tindale and Examshire shall be extended against the like offenders in Ridesdale III. Stat. 11 H. 7.9 The North and South-Tindale and all the lands within the same shall be guildable and parcel of the County of Northumberland and no Franchise shall be there but all the Kings Writs and Officers shall be there obeyed IV. None shall demise any lards for years life or at will there but the Lessor shall before find two sureties having at least 40 s. per annum within the County of Northumberland to be bound by Recognisance in 20 l. to the King to make answer within 8 days warning to all such offences as aforesaid And the Lessor shall forfeit 40 s. for every acre otherwise let to the King and Justices and such Lease shall be void The Justices of Peace also shall inquire of such Recognisances forfeited See the Statute at large ☞ Tithes * I. Stat. pro Clero 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge saving to him his right II. Stat. 1. R. 2.14 Where in an Action of goods carried away the Defendant maketh his title for Tithes due to his Church in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel III. Stat. 5. H 4.11 The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes where the lands in farm do lie notwithstanding they be seised into the Kings hands or any prohibition made to the contrary ☞ IV. Stat. 27. H. 8.20 If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace 1. qu. of any contumacie or misdemeanour committed by a Defendant in any suit there depending for Tithes the said Justices shall commit such Defendant to prison there to remain till he shall find sufficient surety to be bound before them by Recognisance or otherwise to give due obedience to the Process Proceedings Decrees and Sentences of the said Court V. This Act shall not extend to any Citizen of London neither shall it restrain any person from having their defence and remedy according to the Ecclesiastical Laws and the Laws and Statutes of this Kingdom VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint shall have established the Ecclesiastical Laws for the Church of England after which time Tithes shall be paid according to those Laws and not otherwise * VII Stat. 28 H. 8.11 The year in which the first-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice and the Tithes and other profits of any such Benefice arising during the time of the vacation shall belong to the Presentee or his Executors towards payment of the first-fruits which if any Archbishop Bishop or other hinder him to have he shall forfeit the treble value thereof to be divided betwixt the King and such incumbent Howbeit such Archbishop Bishop Ordinary or other officer shall be allowed the charge of the Cure and of inning Tithes and other profits VIII Here also the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands IX But the successor upon a months warning shall have the Parsonage-house and the Glebe not sowen X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate the next incumbent shall do it within 14. days after his induction ☞ XI Stat. 32 H. 8.7 All persons shall duly set forth and pay all Tithes and Offerings according to the custom of the places where they grow due XII If Tithes or Offerings be not so set out and paid the party grieved may convent him that so detains them before the Ecclesiastical Judge who hath power to hear and determine the matter in question ordinarily or summarily according to the Ecclesiastical Laws and to give sentence thereupon accordingly XIII Here if any of the parties appeal the Judge upon such appeal shall adjudge to the other party reasonable costs and compel the Appellant to satisfie them by Process and censures Ecclesiastical taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him
Treason or Felony V. To ride armed with men of arms with purpose to kill rob or imprison another untill he hath made fine and ransome shall not be adjudged Treason but Felony or Trespass as hath been heretofore used And if any such attempt hath been heretofore adjudged Treason and thereupon Lands seised into the Kings hands withheld of other Lords they shall be restored to such Lords saving to the King his year and waste VI. Stat. 1 H. 4.10 Treason shall not be adjudged otherwise then as it was ordained by 25 E. 3. VII Stat. 26 H. 8.13 Pars inde Treason committed out of this Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and presentment so found and certified into the Kings Bench like Process and other circumstance shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced VIII Every such offender being lawfully convict by presentment confession verdict or process of Outlawry shall forfeit to the King all such Lands Tenements and Hereditaments which he shall have of any estate of inheritance in use or possession by any Right Title or Means within the Kings Dominions at the time of such Treason committed or after IX The Rights Titles Interests Possessions Leases Rents Offices and other profits of all persons their heirs and successors except of the offenders or others claiming to their use are saved X. Stat. 33 H. 8.20 If any person commit High Treason when he is of perfect memory and after accusation examination and consession thereof before any of the Kings Council shall fall into Lunacy he shall be enquired of in any County where the King by his Commission shall assign and if he be there indicted he shall be there arraigned without his personal presence and if he be found guilty he shall suffer death and forfeit as if he had been of perfect memory But this is altered by 1 2. P. M. 20. which see after XI If any person be attainted of High Treason by the Common Law or Statutes of this Realm such attainder by the Common Law shall be of as good force as if it had been done by Parliament and the King shall have as much benefit thereby viz. of lands tenements hereditaments goods chattells uses rights entries conditions possessions reversions remainders and all other things of such offender and shall be as well adjudged in actual and real possession of all such things of the offender which the King ought lawfully to have or which the offender ought or might lawfully lose or forfeit as if he had been attainted by the Parliament without any Office or Inquisition to be found of the same XII The right c. of all others except of the offenders c. is saved XIII Stat. 35 H. 8.2 All Treasons misprisions of Treason and concealments of Treason committed out of the Realm shall be enquired heard and determined before the Justices of the Kings Bench by lawful men of the County where the Bench shall then sit or before Commissioners in such County as the King shall assign by lawful men of the same County in like manner as if the offence had been committed in the same Shire where it is so enquired heard and determined But here a Peer shall be tryed by his Peers XIV Stat. 1 E. 6.12 All former Statutes which make any offences Treason or petty Treason are repealed save only what is so made by 25 E 3. Stat. 5. cap. 2. and by this Statute XV. It shall be High Treason to affirm by writing printing or Deed that the King is not Supream Head of the Church of England and Ireland or that any other is But this clause is repealed by 1 2. P. M. 8. XVI It shall be High Treason to interrupt any person to whom the Crown is limited by 35 H. 8.1 But this is also expresly repealed by the general words of 1. M. Sess 1. XVII If any compass to depose the King or do affirm that he ought not to be King for the first offence he shall forfeit his goods and suffer imprisonment at the Kings will for the second he shall lose the issues of his lands during life and suffer perpetual imprisonment and for the third shall be guilty of High Treason But so much hereof as concerns Treason petty Treason or misprision of Treason is also repealed by the general words of 1. M. Sess 1. XVIII Stat. 5 6 H. 6.11 It is High Treason to affirm by writing printing painting carving or graving that the King is an Heretick Schismatick Tyrant Infidel or Usurper of the Crown or rebelliously to detain from the King any of his Castles Holds Ships Ordnances Artillery or other Fortifications of War But this part of this Statute is repealed expresly by 1 M. Sess 1. XIX Treason committed out of the Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and Presentment so found and certified into the Kings Bench like process and other circumstances shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced XX. If the party within one year after the Outlawry or Judgment given thereupon yield himself to the Chief Justice of England and offer to traverse the Indictment or Appeal whereupon he was so outlawed he shall be admitted to such traverse and being thereupon acquit shall be discharged of the Outlawry and all forfeitures by reason thereof XXI The offender in Treason being lawfully convict thereof shall forfeit to the King all such lands tenements and hereditaments as he shall have of an Estate of Inheritance in his own right in use or possession in the Kings Dominions at the time of the Treason committed or at any time after XXII Concealment of Treason shall be deemed misprision of Treason But quaere whether this clause be not also repealed by the general words of 1 M. 1. XXIII None shall be attainted of Treason but by the testimony of two lawful accusers who shall be brought in person before the party accused unless he will willingly without violence confess the offence XXIV Here the right of all other is saved XXV The wife shall lose her Dower where the husband is
27 H. 8.13 33 H. 8.19 Page 162. ad 164 Church shall be free Magna Charta c. 1. Page 253 Copyhold part of Hounslow-heath made Page 288 Copyhold Land to be let and improved 37 H. 8.2 ibid. Cloth linnen clothes their length and goodness 28 H. 8.4 1 El. 12. Page 336 Colledges Chanteries free Chappels c. given to the King 37 H. 8.4 1 E. 6.14 Page 375. ad 382 Chirurgion who shall be and their priviledges 3 H. 8.11 5 H. 8.6 32 H. 8.42 34 35 H. 8.8 Page 421. ad 424 Consultation what and where allowed Stat. de Consultatione 24 E. 1. Page 445 Cry Hue and Cry how and where it shall be followed and the punishment for neglect of it Stat. Winchest cap. 1. 13 E. 1. Art super Cart. 17. 17 R. 2.6 27 Eliz. 13. Page 488. ad 491 Conduct safe conducts by whom to be granted and to what persons 15 H. 6.3 18 H. 6.8 20 H. 6.1 Page 495 D. DIsmes accountants therefore not chargeable at other mens Suits in the Exchequer 1 R. 3.14 p. 3 Dower admeasurement of Dower where it lies and how West 2. c. 7. 13 E. 1. Page 7 Admeasurement of Dower Writ therein to whom allowable West 2. cap. 7. 13 E. 1. ibid. Disseisin Assise of Novel-disseisin where to be taken and by whom Magna Charta c. 12. 9 H. 3. Page 7 Where an Assise of Novel-Disseisin will lye West 1. c. 24. 3 E. 1. ib. c. 36.48 West 2. c. 35. 13 E. 1. ibid. 46. de conjunct feoffat 34 E. 1. Ebor. 34 E. 2.1 7 R. 2.10 1 H. 4.8 4 H. 4.8 6 H. 6.2 11 H. 6.2 21 H. 8.3 Page 27. ad 30 Dayes in Bank what they be and how they answer one to another in a single Writ a Writ of Dower De anno Bissextili 21 H. 3. 51 H. 3. Page 137. ad 140 What day shall be given in a Darreign presentment Quare Impedit or attachment Marlb 12. 52 H. 3. and what in a real action 32 H. 8.21 5 E. 3. Page 140 Damages and Costs who shall recover and where and in what cases and how much Gloucest 1. 6 E. 1. Glost 14. 6 E. 1. 3 H. 7.10 19 H. 7.20 23 H. 8.15 24 H. 8.8 43 El. 6. 4 Jac. 21 Jac. 16. Page 141 142 Darrein presentment before whom to be taken Mag. Carta 13. 9 H. 3. Page 142 Debt how a man may be sued for debt by whom and in what time either by the King or a private person 1 R. 2.12 2 R. 2. Parl. 2 3. 3 Jac. 15. 7 Jac. 12. p. 142 143 144 Debt forreigner may not be distrained for debt West 2. 13 E. 1. Page 143 Debt to the King how to be paid or levied and in what time Magna Charta 8. 9 H. 3. 18. West 1. 19 E. 3.1 Artic. sup Chart. 12. 28 E. 1. 13 El. 4. 14.7 14.7 27.3 7 Jac. 15. Page 144 145 146 Debt due by book in what time it must be sued 7 Jac. 12. Page 144 Declaration must be full 36 E. 3.15 Page 147 Decies tantum by whom forfeitable and for what 38 E. 3.12 Page 147 Demurrer after demureer joyned and entred the Judges must give judgment according to Law 27 El. 5. Page 147 148 Dilapidations the remedy against Ecclesiastical persons for the same 13 El. 10. Money recovered for Dilapidations to be laid out in building within two years 14 El. 11. Page 148 Deceit the punishment thereof West 29. 3 E. 1. ibid. A Writ of Deceit where maintainable 2 E. 3.17 ibid. Discontinuance no suits shall be discontinued either by the Kings death or otherwise 11 H. 6.6 1 E. 6.7 Page 149 Dispensations which shall be void and why 28 H. 6.16 Page 150 Distresses Cattel impounded may be fed without disturbance who may distrain for what and upon what and where de districtione Scaccarii 51 H. 3. Marlb 1. 52 H. 3. Marlb 2. Marlb 3.4 15. West 1. 2. 16 17 E. 1. West 2.36 37. 13 E. 1. Artic. Cleri 9. 9 E. 2. 1 2 P. M. 12. Page 150 151 152 Dover the Constables of Dover Castle their power Artic. super Cartas 7. 28 E. 1. Page 152 Dower where a woman shall have Dower and where not and what to recover in a Writ of Dower Merton 1. 20 H. 3. West 1 48. West 2 4. 1 E. 6.12 5 E. 6.12 Page 152 153 Duresse Obligations forced by Duresse shall be void 1 R. 2.13 Page 182 Durham Fines levied in the County Palatine of Durham shall be good 1 M. Parl. 2.3 5 Eliz. 27. ibid. Writs thither must be directed to the Bishop 31 El. 9. ib. Dayes holy dayes appointed 5.6 E. 3.3 Flesh forbidden on Friday 2 3 E. 6.19 all unlawful pastimes forbidden on the Lords Day 1 Car. 1. 3 Car. 1. Page 280 E. EMbassies to be recorded in the Exchequer 5 R. 2.10 pag. 51 England the Crown and Empery thereof entailed 14 E. 3. 7 H. 4.2 35 H. 8.1 1 El. 1. 1.3 5.1 p. 110 111 112 The Subjects and Inhabitants thereof must take the Oath of Supremacy 5 El. 1. Page 112 113 Embracery what and the punishment thereof 38 E. 3.12 34 E. 3.8 Page 147 Eccles Jurisdiction who may exercise it 37 H. 8.19 Page 182 Egyptians the punishment of lewd people so calling themselves 22 H. 6.10 1.2 P. M. 4. 5 El. 20. Page 183 Election None may disturb free election West 1. cap. 5. Art Cleri c. 14. nor take reward electing 31 Eliz. 6. Page 183 184 English-men sworn Subjects to a foreign Prince shall be as aliens 14 15 H. 8.4 Page 185 England and Scotland to be united 1 Jac. 2. Laws of hostility repealed 4 Jac. 1. Felonies of English in Scotland where triable 4 Jac. 1. Pacification between them 16 17 Car. 17.18 Page 185 186 187 Entry Writ of Entry what and what recoverable by it Gloucest 7. 6 E. 1. Entry Sur disseisin en le Post Marlb 29. 52 H. 3. Page 187 Error where a Writ of Error will lye 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 31 E. 3. Stat. 1.12 32 El. 3. 27 El. 8. 31 El. 1. 16 Car. 2. cap. 2. Page 187. ad 190 Escape What is escape of a felon and who to inquire thereof West 1 3. 3 Ed. 1. 31 E. 3. Stat. 1.14 1 R. 3.3 Page 190 Exchange where to be kept 9 E. 3.7 ibid. None may exchange silver for gold or gold for silver to take profit thereof 25 E. 3. Stat. 5.15.5 6 E. 6.19 Page 190 191 Exchequer All Bayliffs Sheriffs and others shall account in the Exchequer the time when and the manner how Scaccarii 51 H. 3. Stat. de Rutland 10 E. 1. 1 R. 2.5 5 R. 2. Stat. 1.11 12 13 14 15 16 c. Page 191 ad 195 Issues lost therein when discharged 1 Jac. 26. Page 195 196 Fees due there for homage Page 197 Escheators by whom to be chosen their office duty and fees 14 E. 3.8 34 E. 3. Stat. 1.13 14.
upon such refusal which Jury may upon evidence indict the party refusing as well as if the indictment were preferred in the proper county XXV If any refuse to take this Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both cases both they and their accessaries shall suffer as in case of High Treason But here there shall be no corruption of bloud disheriting of any heir forfeiture of Dower or prejudice to the right of any save onely of the offender during his life and then the party next in reversion or remainder may enter without any Oustreâ—le main to be sued Here also none shall be deemed an accessary for giving of alms in charity to the offender without fraud XXVI This Oath shall be expounded in such form as is set forth in an admonition annexed to the Queen's Injunctions published in the first year of her reign viz. to acknowledge in her Majesty her heirs and successors such authority as was challenged and used by H. 8. and E. 6. and none other XXVII This Act shall be published every Quarter-sessions by the Clerk of the Peace and at every Leet by the Steward there and once every Term in the open hall of every Inns of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XXVIII Every member of the Commons House before he shall have a voice there shall take this Oath before the Lord Steward or his Deputy and if he enter the House before he take it he shall incurre such penalties as he who presumes to sit there without election return or authority XXIX None of or above the degree of a Baron shall be compelled to take this Oath and a Peer offending this Act shall be tried by his Peers XXX Provided that none shall be compellable to take this Oath upon a second tender or be in danger by refusal thereof to incurre the penalty of High Treason save onely Clergie-men Officers of Ecclesiastical Courts or such as shall not observe the rites of Divine service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or hear private Mass XXXI It shall not be lawfull to slay one attainted in a Praemunire XXXII Saving the due execution of every person attainted upon judgment lawfully given by reason of this Statute or otherwise saving all such pains of death or other punishment as heretofore might without danger of Law be done upon any person that shall send or bring into the Queen's Dominions or within the same execute any process against any person from the Bishop or See of Rome XXXIII None shall be hereafter indicted as an accessary for any of the said offences without such sufficient proof as may satisfie the Jury that are to indict him * XXXIV Stat. 13 El. 2. If any shall obtain or put in ure any Bull of absolution or reconciliation from the Bishop of Rome or absolve or be absolved thereby they and their accessaries before the fact shall be adjudged guilty of High Treason XXXV The comforters and maintainers of such offenders shall incurre a Praemunire and their concealers misprision of Treason unless within six weeks they discover them to some of the Privie Council or to one of the Presidents or Vice-Presidents of the Councils established in the North or Marches of Wales XXXVI Provided no person shall be impeached of misprision of treason for any offence made treason by this Act other then such as are hereby declared to be in case of misprision of Treason XXXVII If any shall bring into any of the Queen's Dominions any Agnus Dei Crosses Pictures Beads or any such vain or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire Howbeit if the party unto whom tender thereof shall be made apprehend the party tendring the same and carry him before the next Justice of Peace or not being able so to do within three days after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of Peace within the same County or having received the same doth within one day after deliver it to some such Justice of Peace then shall he not incurre any Prejudice by reason of this Act. XXXVIII A Justice of Peace shall disclose the offences aforesaid to the Privy Council within fourteen days after he shall have notice thereof in pain of incurring a Praemunire XXXIX Here the trial of Peers shall be by their Peers XL. The right of others saved * XLI Stat. 23 El. 1. It shall be high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any within the Queen's Dominions from their natural obedience to her Majesty or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shall be willingly so withdrawn or reconciled as aforesaid together with the procurers and Counsellors of such offenders shall be adjudged guilty of the same offence ☞ XLII Also their aiders and maintainers who do not discover them within twenty days to some Justice of Peace or higher Officer shall be adjudged guilty of misprision of Treason XLIII None shall say or sing Masse in pain to forfeit 200 marks to suffer one year's imprisonment and not to be enlarged thence untill the fine be paid And none shall hear Masse in pain of one year's imprisonment and a hundred marks * XLIV Every person not repairing to Church according to the Statute of 1 El. 2. which see in Service and Sacraments shall forfeit 20 l. for every moneth they so make default and if they so forbear by the space of twelve months after certificate thereof made by the Ordinary into the King's Bench a Justice of Assize Gaol-delivery or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 l. at least to the good behaviour from which they shall not be released untill they shall repair to Church according to the said Statute XLV None shall keep a Schoolmaster which absents himself from Church or is not allowed by the Bishop or Ordinary in pain of 10 l. for every moneth he so keeps him and such Schoolmaster shall be for ever after disabled to teach youth and shall suffer one whole year's imprisonment without bail ☞ XLVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queen's reign touching the acknowledging of her supreme Government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realm shall be inquirable before Justices of Oyer and Terminer Assize Gaol-delivery and Peace in their Circuits
exemplified under the Great Seal or the seal of any other Court of this Realm nor to any Judge Justice or other person that shall set any such seal thereunto not knowing the same to be forged ☞ Forestallers Regradors and Ingrossers * I. Stat. 6 E. 6.14 He or she that shall buy or contract for any Merchandize Victual or other thing whatsoever in the way before it shall be brought by land or by water unto any City Port Road Fair or Market where it should be sold or shall cause the same to be so bought or shall diswade people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a Forestaller A Regrador is he that buyes any grain wine fish butter cheese candles tallow sheep lambs calves swine piggs geese capons hens chickens pigeons conies or other dead victual whatsoever brought to a Fair or Market to be sold there and do sell the same again in the same Fair or Market or in some other Fair or Market within 4 miles III. An Ingrosser is he that gets into his hands by buying contract or promise other then by demise grant or lease of land or tithe any corn growing in the fields or other grain butter cheese fish or other dead victual whatsoever with intent to sell it again IV. The party guilty of any of the offences aforesaid shall forfeit for the first offence the value of the goods so bought or had and suffer 2 moneths imprisonment without bail for the second the double value and suffer 6 moneths imprisonment without bail and for the third shall forfeit all his goods be set upon the Pillory and be imprisoned at the King's pleasure V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal nor the provision of any Town Corporate Ship Castle Fort Barwick Holy Island c. or any Fish-monger Inholder Victualer Butcher Poulterer or people dwelling within one mile of the main Sea which use to buy and sell fish for any thing concerning their several mysteries or trading they retailing the same at reasonable prices nor any Badger Lader Kidder or Carrier assigned to that office by three Justices of Peace and delivering the commodity out of his hand within one moneth after he buyes it nor the taking of any thing reserved upon any lease so that all these things be done without fraud or forestalling VI. He that buyeth grain in any Market for change of seed shall bring as much the same day and sell it if he can according to the present price of grain there in pain to forfeit double the value of the grain so bought VII He that buyes any cattel and sells the same again alive within 5 weeks shall forfeit double the value thereof during which time he ought to keep them upon Pasture which he hath either by grant or prescription VIII Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition presentment bill or information or by the testimony of two witnesses and to exact the one half of the forfeitures to the use of the King and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias and when the prosecution shall be at the Kings suit onely to extract the whole to the King's use IX None shall be punished twice for the same offence X. This Act shall not restrain the transporter of grain or cattel from Port to Port allowed by three Justices of Peace and not fore-stalling so that he imbark the same within 40 days after he buyes them and brings back from some Justice of Peace or Head officer a Certificate of their unlading agreable to his Cocket XI The offences against this Statute shall be prosecuted within two years XII This Act shall not restrain a Drover allowed by three Justices of Peace 1. Qu. and selling his cattel at 40 miles distance from the place where he bought them Howbeit such allowance ought not to continue above one year XIII Stat. 13 El. 25. in fine The Statute of 5 6 E 6.14 shall not extend to Wines Oyls Sugars Spices Currants or other forein victual brought from beyond Sea Fish and Salt onely excepted XIV For more ancient Statutes against Forestalling see the Statute of Forestallers 31 E. 1. and the Statute of clothes 25 E. 3.3 Which because they are altered by 4 5 E. 4.14 I have not thought thme fit to be inserted ☞ Franchises and Liberties I. Magna Charta Cap. 1. 9 H. 3. The Church of England shall be free and shall have all her holy Rights and liberties inviolable II. Magna Charta Cap. 9. 9 H. 3. The City of London and all other Cities Burroughs Towns the Barons of the five Ports and all other Ports shall have all their old liberties and free Customs III. Magna Charta Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved which the King himself promiseth to observe and commandeth all men of this Realm to do the like He likewise further promiseth that neither he nor his heirs shall procure or do any thing to infringe them and that if any thing be so procured it shall be void VI. Stat. De quo warranto 18 E. 1. If any can verifie by good enquest or otherwise that they or their Ancestors or Predecessors have used any liberty whereof they have been impleaded by Quo warranto before the death of R. 1. and have hitherto not having abused such liberty They shall be adjourned to a reasonable day before the Justices within which time they may repair to the King with the Record thereof signed by the Justices seal which done the King will confirm their estate and if any judgments have been given upon such writs by the Justices at Westminster upon the complaint of the party grieved to the King he will give them remedy V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices and all pleas now depending shall be adjourned into their proper Counties until the coming of the Justices into those parts Note that this Statute was confirmed by another Statute De quo warranto of the same year and to the same effect VI. Stat. De quo warranto 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before and of a Proclamation that such as claim liberties shall shew to the Justices at the first Assizes when they shall come into those parts how they hold them for which they shall have forty days summons and if they appear not their liberties shall be seised in the name of distress Also the form of another Proclamation that such as complain of the King's officers shall shew their grievances to the said Justices VII Stat.
Coroner shall do his office and inrol it And what cannot be determined by the Steward before the Kings departure shall be remitted to the Common Law so that Exigents Outlawries and Presentments shall be made thereupon in Eyre by the Coroner of the County as in case of other Felonies done out of the Verge â— Howbeit they shall not omit by reason hereof to make attachments freshly upon the Felonies done IV. Stat. 5. E. 3.2 Pars inde and 10 E. 3. Stat. 2.2 Inquests before the Steward and Marshal of the Kings house shall be taken by men of the Countrey thereabouts and not by men of the Kings house except it be contracts covenants or trespasses when both parties are of the same house and in the house V. Stat. 9. R. 2.5 Priests and others of the Holy Church taken in the Marshalsey shall pay such fees as Lay-people pay and no more VI. Stat. 13. R. 2. Stat. 1.3 The jurisdiction of the Steward and Marshal of the Kings house shall extend no further then 12 miles from the Kings lodging VII Stat. 4. H. 2.23 The fees of the Marshal of the Kings house shall be as in times past and no more viz. for him that cometh in by Capias 4 d. and if he be bailed 3 d. more of the defendant in trespass that findeth bail to answer the suit 2 d. for every commitment by judgment 4 d. oâ— every one delivered of Felony and of a Felon bailed by the Court 4 d. And if the Marshal or his Officers take more they shall lose their Offices and pay treble damages to the party grieved and that the party grieved have his suit before the Steward of the same Court VIII Here a server of bills shall take no more then 1 d. for every mile distant from the Court to the place where he doth his office but when he serves a vâ—nire facias or a distringas he shall have the double If such an Officer takes more he shall be imprisoned make a Fine to the King at the discretion of the Steward and be from thenceforth fore-judged the Court. IX Stat. 15. H. 6.1 In a suit commenced before the Steward and Marshal of the Kings house the defendant shall not be estopped to plead that the Plaintiff or he are not of the Kings house but his averment thereof shall be received notwithstanding any record of the same Court to be produced to the contrary Marshes Fens c. I. Stat. 4. Jac. 8. An Act for winning from Inundation the drowned grounds and Marshes of Lesnes and Fants in Kent by the 10. of October 1609. See the Statute II. Stat. 4. Jac. 13. Another for draining the Fens and low grounds in the Isle of Ely containing about 6000. Acres compassed about with banks called the Ring of Waldersey and Coldham See also the Statute III. Stat. 7. Jac. 20. A mean to recover a great quantity of ground lately surrounded in Norfolk and Suffolk by the Sea and to prevent the like for the future See the Statute IV. Stat. 15. Car. 2. cap. 17. An Act for setling the draining the great level of the Fens called Bedford Level See the Act at large V. Stat. 16. 17. Car. 2. cap. 11. An Act for draining of the Fen called Deeping Fen and other Fens therein mentioned See the Act at large Masons I. Stat. 3. H. 6.1 It shall be felony to plot confederacies amongst Masons and such as assemble upon such confederacies shall suffer Imprisonment and make fine and ransome at the Kings will ☞ Matrimony and Marriage I. Stat. 32. H. 8.38 Pars inde All Marriages shall be adjudged lawful that are not prohibited by Gods Law II. Stat. 23. E. 6.21 All Laws Canons Constitutions and Ordinances which prohibit marriage to spiritual persons who by Gods Law may marry and all pain and forfeitures therein contained shall be void III. Provided that this Act shall not give liberty to marry without asking in the Church and other Ceremonies appointed by the Book of Common Prayer IV. Degrees and divorces heretofore made are saved V. Stat. 5. E. 6.12 The Marriage of Priests and other spiritual persons shall be lawful and their Children legitimate and inheritable likewise they to be tenants by the Curtesy and their Wives nowable VI. Stat. 1. Jac. 11. A Bigamus shall suffer death as a felon unless he or she have had no notice that the husband or wife was living within seven years before or the marriage be severed by divorce VII This felony shall cause no corruption of blood or loss of dower or inheritance VIII Stat. 12. Car. 2. ca. 33. All Marriages had and solemnized in any of the Kings Dominions since the 1. of May 1642. before any Justice of Peace of England or other his Dominions and so pronounced and declared or had and solemnized according to Act or Ordinance of Parliament or any Convention having that style shall be adjudged good and valid in Law as if the same had been solemnized according to the Rites and Ceremonies of the Church of England Mesne I. Stat. Westm 2.9 13. E. 1. The tenant distrained by the Chief Lord may have a writ of Mesne in the County where he is distreined against the Mesne who having land in that County and not appearing till the Grand distress day shall be given in the Grand distress so as two Counties may be holden before the return wherein the Sheriff shall proclaim that he come to answer the tenant at the day at which day if he come not he loseth his service and then the tenant shall answer to the Chief Lord such services as he ought to have done to the Mesne II. The Chief Lord shall not distrein the tenant so long as he offers him the services due and if the Lord exact more then the Mesne ought to do the tenant may have such remedy as the Mesne might have had III. Upon a return that the Mesne hath nothing to be summoned by an attachment shall go out and then upon a Nihil returned the Gâ—aâ—d distress with Proclamation as before IV. The Mesne having no lâ—nd in that County but in another upon such a return by the Sheriff the party shall have a Writ judicial to summon the Mesne in that County where it is testified that he hath lands and both there and in the other County shall proceed to the Grand distress Proclamation and Judgment as before V. The Mesne comming into the Court and acknowledging or being adjudged to acquit the Tenant and not doing it the Tenant shall thereupon have a judicial writ of acquittal whereupon if the Mesne come in and the Tenant can aver that a Mesne hath not acquitted him he shall be satisfied his damages be quit of the Mesne and hold of the chief Lord And here also if the Mesne come not at the first distress then another distress shall go out Proclamation shall be made and Judgment had as before VI. This Statute extendeth only where there is but one Mesne
have allowed them viz. the Knights 4 s. and the Burgesses 2 s. a day or more during the Parliament and their reasonable time of comming to and returning from the Parliament together with their costs of Writs and other ordinary fees and charges by this Statute it is ordained that the Sheriffs of all the 12 Shires in Wales and the County of Monmouth shall have power to levy the said fees of the Inhabitants of those Shires and Counties and shall pay them to the Knights within two Moneths after the said Knights shall have delivered unto them their Writs de solutione feodi Militis Parliamenti in pain to forfeit 20 l. to be recovered by bill plaint c. and to be divided betwixt the King and the prosecutor and for every month that such default is made after the said two moneths 20 l. more to be levied as aforesaid The Head-officers also of the Cities and Burroughs in the said twelve Shires and County shall levy and pay their Burgesses wages and fees within the like time after the writs De solutione feodi Burgens Parliam delivered unto them upon the like pains to be levied of the goods and chattels of such Head-officers XXXIII The Inhabitants of the Cities and Boroughs in the said Shires and County which having no Burgesses of their own use to contribute towards the wages of the Burgesses of the Shire-Towns shall have warning by Proclamation or otherwise from the Head-officers of the said Towns to come and give their voices at the electing of the Burgesses of such Shire-Towns XXXIV Two Justices of Peace in each of the said Shires and County have power to tax every City and Burrough in the several Counties where they inhabit respectively towards the wages of the Burgesses within the Shire-Towns which taxes shall be again rated upon the Inhabitants of each such City and Burrough by four or six discreet and substantial Burgesses there and then levied and paid by the Head-officers unto the Burgesses of Parliament for the said Shire-Towns in manner and form aforesaid and upon the like pains XXXV Stat. 12 Car. 2. cap. 1. The Parliament begun the 3. of Nov. 16 Car. 1. declared to be dissolved And the Lords and Commons now sitting declared to be the two houses of Parliament XXXVI The Parliament begun at Westm 3. of Nov. 1640. declared to be Dissolved and that there is nor can be any legislative power in either or both Houses of Parliament without the King XXXVII Tumultuous and disorderly preparing Petitions Remonstrances to the King and Houses of Parliament having been a great occasion of the late Wars and calamities It is Enacted That no person hereafter shall sollicite or procure any Petition complaint Remonstrance Declaration or other address to the King or both or either Houses of Parliament for altering of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at the publick Assizes or general Quarter-Sessions Or if in London by the Lord Mayor Aldermen and Commons in Councel Assembled XXXVIII Provided this Act be not intended to hinder any persons not exceeding 10 in number to present any publick or private grievance or complaint to any Members after election and during continuance of the Parliament or to the King for remedy therein nor to any address to the King by all or any the Members of Parliament during their sitting XXXIX Stat. 16 Car. 2. cap. 1. The Act in 16 Car. 1. Entituled An Act for preventing of Inconveniencies hapning by long intermissions of Parliament Being in derogation of his Majesties just Rights and Prerogative inherent to the Crown for calling and assembling Parliaments Repealed And declared That Parliaments shall not be intermitted or discontinued above three years at the most and to be assembled and called oftner if need require Parson Vicar and Parsonage I. Stat. 14 E. 3. Stat. 1.17 Parsons Vicars Wardens of Chappels and Provost-Wardens and Priests of perpetual Chanteries shall have their Writs of Juris utrum of lands and tenements rents and possessions annexed and given perpetually in Almes to Vicarages Chappels or Chanteries and recover by other Writs in their case as far forth as Parsons of Churches and Prebends Partitions and Parceners I. Statutum Hiverniae 14 H. 3. If land descend to several Coparceners they shall all hold of the chief Lord of the Fee and not one of another This is the usage in England and shall also be observed in Ireland II. Prerog Reg. 5.17 E. 2. If one inheritance that is holden of theâ—ing in chief descend to many Parceners all the heirs shall do homage to the King and that Inheritance shall be divided amongst those Heirs so that every of them after shall hold their part of the King III. Stat. 31. H. 8.1 Joynt-tenants and tenants in common of any inheritance in their own right or in the right of their wives in any Mannors Lands Tenements or Hereditaments may be compelled to make Partition by Writ De partitione sacienda as Coparceners are compellable to do and this Writ shall be pursued at the common Law IV. Provided that after such Partition made they shall have aid one of another and of their heirs to deraign warranty and to recover for the rate as Coparceners use to have V. Stat. 32. H. 8.32 Joynt-tenants and Tenants in common that have inheritance or free-hold in any Mannors Lands Tenements or Hereditaments shall also be compellable to make partition by the said Writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their Executors and Assigns Passage and Arrivage I. Stat. 8. H. 6.27 Any of the inhabitants of Tewksbury in Com. Gloucestr may have an action of debt according to the Stat. of Winchester to recover against the communalty of the Forest of Dean and Hundred of Bledislow and Westbury though no Communalty recompence for robberies and wrongs done them upon Severn Also the goods of any private person may be taken upon an Execution awarded against the Communalty Any person may arrest and imprison the offenders and he whose goods are taken in execution may have an action of trespass or debt against the offender II. Stat. 9 H. 6.5 All persons shall have free passage in Severn with Flotes and Drags and all other Merchandize goods and chattels and if any be disturbed he shall have his remedy by action at the common Law III. Stat. 19. H. 7.18 Another stricter Statute for the free passage of Severn See the Statute at large IV. Stat. 23 H. 8.12 None shall interrupt the passage upon the banks of Severn or take or ask any tax or toll for the same in pain of 40 s. to be divided betwixt the King and the party grieved V. Stat. 26 H. 8.5 Justices
six weeks after conviction shall suffer instead thereof three months imprisonment without bail for the second time offending shall forfeit 20 l. or that not paid within six weeks as aforesaid shall suffer six months imprisonment without bail and the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Terminer and Justices of Assize have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such Tongues as they understand the holy Communion only excepted or any other to use Psalms or Prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assize or Sessions of Oyer and Terminer after they are committed And here tryal of Deers shall be by Peers XII Chief Officers of Cities and Corporations shall also hear and determine these offences within their several Precincts and so likewise shall Ecclesiastical Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5. 6 E. 6.1 Every person shall resort to his Parish-Church or Chappel or upon just let to go to some other every Sunday and Holiday in pain to be punished by the Censure of the Church XIV The Common-Prayer-Book now made perfect and annexed to this Act together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2. 3 E. 6.1 is ordained under the pains in that Statute expressed XV. If any shall be convicted by Verdict of twelve men before Justices of Assize Oyer Terminer or Peace in Sessions to have wittingly heard or have been present at any other form of Common-Prayer Administration of Sacraments making of Ministers or other rites then what are expressed in the said Book or which are contrary to the said Statute of 2. and 3 E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturb a Preaches lawfully licensed he shall be by the Constables or Churchwardens of the Parish brought before a Justice of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Goal there to remain for three months and from thence to the next Quarter-Sessions at which upon the parties reconciliation and entring into Bond for good behaviour for one whole year at the discretion of the Justices in Sessions he shall be released but if he persist still in his obstinacy he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII He that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit 5 l. to the Queen XVIII The Inhabitants of a Town that suffer such an offender to escape shall forfeit 5 l. being presented before the Justices of Peace in Sessions within the County or Corporation where the escape was made XIX Justices of Peace Assize and Oyer and Terminer and Mayor and Head-officers of Corporations have power to hear and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiastical Laws Howbeit none shall be punished here for one offence XXI Stat. 1 El. 1. Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by 5. 6 E. 6.1 together with the addition of certain Lessons to be used on every Sunday in the year and the form of the Letany altered and corrected and two Sentences only added in the delivery of Sacrament to Communicants XXII If any Minister shall be convicted by the Verdict of twelve men his own confession or notorious evidence of the fact to have refused to use the Church-Service or to have used any other rite Ceremony Order Form or manner then is set forth in the said Book or to have depraved the same Book or any thing therein contained he shall forfeit being a Beneficed man fon the first offence one whole years profit of all his Spiritual promotions and suffer fix months imprisonment for the second shall be deprived ipso facto whereupon every Patron may present and shall suffer one whole years imprisonment And for the third shall be also deprived as aforesaid and suffer imprisonment during life And if he be not Beneficed for the first offence he shall suffer one whole years Imprisonment and for the second imprisonment duâ—ng life XXIII If any shall be convicted to have by Enterludes Playes Songs Rhymes or otherwise depraved the said Book or to have compelled or procured the Minister to sing or say any other Church-Service or in any other form then as aforesaid or by any such means have interrupted or let the Minister to sing or say the said Service they shall for the first offence forfeit 100 Marks to the Queen or that not paid within six weeks after conviction shall suffer instead thereof six months imprisonment for the second offence shall forfeit 400 Marks or that not paid within six weeks as aforesaid shall suffer one whole years imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their Parish Church or upon let thereof to some other every Sunday and holiday upon pain to be punished by censures of the Church and also to forfeit 12 d. to be levied by the Churchwardens there for the use of the poor upon the offenders goods by way of distress XXV Justices of Oyer and Terminer and of Assize and Mayors and Head-officers of Corporations have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please howbeit Note that by the Statute of 23 El. 1. Justices of Peace have also power to meddle therein which see in title Crown XXVI None shall be impeached by this Act unless the offence be presented at the next Sessions of Oyer and Terminer or Assize after it is committed and here tryal of a Peer shall be by Peers XXVII This Act shall not restrain Ecclesiastical Jurisdiction howbeit none shall be punished twice for one offence XXVIII Such Ornaments and Ministers of the Church shall be retained as were to be in the Church of England by the Statute of 2. 3 El. 6.1 untill the Queen shall take other order by the advice of Commissioners by her to be appointed under the Great Seal or by the advice of the Metropolitan of this Realm XXIX If any contempt or irreverence be used in the