Per quae servitia shall be entred upon Record unless the party attorning have first appeared in Court or by Attorney warranted under the hand of a Justice of one of the Benches or of Assize And every Attornment otherwise made shall be void without any Writ of Errour or other means to be used for the avoiding thereof IX There shall be an office for the inrolments of Writs for fines and recoveries and one of the Justices of the Common-Pleas besides the chief Justice shall have the care thereof and shall have for the inrolment and examination of every fine with the parts thereof 6 s. 8 d. and as much for a Recovery and the parts thereof and for every exemplification of them 5 s. and for the search of every year 4 d. and for every sheet of a Copy containning 14 lines 4 d. and shall subscribe his name to the Roll after he hath so examined it in pain of 5 l. X. The said Justice shall have power to punish the officers who manage that imployment by fine or amerciament for their misprision or negligence therein which shall be estreated amongst the fines and amerciaments of that Court. XI The Chirographer shall the first day of every Term fix in the Court of Common-Pleas a Table of each County containing a true content of the fines passed in any one Term and shall also deliver the like to each Sheriff in pain of 5 l. and the Sheriff shall fix it up in the Court at the next Assizes in like pain of 5 l. The said forfeitures are to be divided betwixt the Queen and the prosecutor and the Chirographer's fee for every such content is 4 d. XII The Records shall not be carried out of the Office of Inrolments and Fines and recoveries already passed and exemplified shall not be afterwards amended XIII Stat. 27 El. 8. Where a judgment is given in the King's Bench in debt detinue covenant accompt action upon the case ejectione firma or trespass first commenced there other then such where the Queen is party the plaintiff or defendant may sue forth of the Chancery a Writ of Errour commanding the chief Justice to cause the Record to be brought before the Justices of the Common Pleas and Barons of the Exchequer into the Exchequer-chamber which Justices and Barons or any six of them being of the Coif have there power to examine and reverse or affirm the said judgment other then for errour concerning the jurisdiction of the King's Bench or for want of form in any Writ Return Plaint Bill Declaration or other proceeding whatsoever and after such judgment reversed or affirmed the said record shall be remanded that the King's bench may proceed thereupon as shall appertain yet such reversal or affirmation shall not be so final but that the party who finds himself grieved may still sue in Parliament as before XIV Stat. 31 El. 1. The not coming of the Chancellor and Treasurer at the day of adjournment in any suit of Errour depending by force of 31 E. 3. Stat. 1. cap. 13. shall not be any discontinuance of the Writ of Errour But if both the chief Justices or either of those great Officers be there it shall be no discontinuance Howbeit no judgment shall be given therein unless both those Officers be there present XV. Any three of the Justices of the Common Pleas or Barons of the Exchequer may receive Writs of Errour award process thereupon and prefix days of continuance for such Writs notwithstanding the Statute of 27 El. 8. but no judgment shall be given therein without the full appearance of six according to that Statute and here also the party that finds himself grieved may sue in Parliament as before XVI Stat. 16 Car. 2. ca. 2. For preventing abatement of Writs of Errour upon judgments in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any writ of Errour to be sued forth by vertue of the Stat. 31 E. 3. ca. 12. recited in the Statute 31 El. ca. 1. shall not cause any abatement or discontinuance of any such Writ of Errour But if both the chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer chamber and there be present at the day of Return of any such Writ of Errour it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellor and Lord Treasurer had come and been present at the day and place of return of such Writ Provided no Judgment be given in any such suit or writ of Errour unless both the Lord Chancellor and Lord Treasurer shall be present thereat XVII An Act to prevent Arrests of Judgment and staying Executions by Writs of Errour and Supersedeas Vid. Title Execution num XI ☞ Escape I. West 1.3 3 E. 1. Nothing shall be taken for the escape of a felon until it be judged an escape by the Justices in Eyre in pain of restoring as much to the party grieved and as much also to the King II. Stat. 31 E. 3. Stat. 1.14 The escape of felons and the chattels of felons fugitives and Clerks convict adjudged by the King's Justices shall be levied as they shall fall III. Stat. 1 R. 3.3 Justices of Peace have power in Sessions to inquire of escape of felons Eschange I. Stat. 9 E. 3.7 Exchanges shall be kept where it shall please the King and his Council II. Stat. 25 E. 3. Stat. 5.12 Every man may exchange gold for silver or silver for gold or for gold and silver so that no man hold the same as exchanged nor take profit for such exchange in pain to forfeit the money so exchanged except the King's exchangers which take profit for such exchange according to the ordinance before made Note that this Statute is thus also recited in 5.6 E. 6.19 Howbeit the French Copy in stead of so as no man hold the same as exchanged hath it thus issint que nul home teigne comen eschange and so the mistake seems to be in the word come which should have been comen and Rastal in the first Edition of his Abridgment which I have renders it thus null preigne riens pur eschange dor pur argent on è contra sur pain de forfetter del mony issint change for priss changours le Roy quex pregneront solunque lordinante ent fait III. Stat. 14 R. 2. Stat. 1.2 For every Exchange the Merchant shall be bound in Chancery to buy within three moneths after such exchange Merchandise of the Staple to the value of the summ exchanged in pain to forfeit the same IV. Stat. 11 H. 4.8 The Statute of 14 R. 2. shall be duly executed and the Lord Chancellor shall send the estreats or exchanges taken of Merchants into the Exchequer every 15 dayes and the Barons there shall have
costs and damages for delaying of execution by the writ of errour VIII Stat. 21 Jac. 24. The party or parties at whose suit any person shall stand charged in execution for debt or damages recovered their executors or administrators may after the death of the person so charged in execution lawfully sue forth new execution against the lands and tenements goods and chattels of the person so deceased in like manner as if the person deceased had never been taken in execution Howbeit this Act shall not extend to lands sold bonâ fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts IX For further remedy against the inconvenience of staying Execution after judgment in part provided against by the Stat. 3 Jac. cap. 8. no Execution shall be stayed in any of the said Courts by writ of Errour or Supersedeas after Verdict and Judgment in action of debt upon the Stat. 2 E. 6. for tithes promise for payment of money Trover Covent Detinue or Trespass unless such recognisance in the same Court be first entred as directed by the said Statute And if Judgment be affirmed the party presenting such writ or error shall pay double cost for such delay X. Proviso this Act not to extend to any popular action except Stat. 2 E. 6. for tithes nor to any Indictment Information Inquisition or Appeal XI Stat. 16. 17 Car. 2. cap. 8. After a Verdict of 12 men in any action suit bill or demand comenced after the 25 of March 1665 in any the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durram or Courts of the Great Session or in any of the 12 Shires of Wales Judgment thereupon shall not be stayed or reversed for default in form or lack of form or lack of pledges or but one pledge to prosecute returned upon the original writ or for default of entring of pledges upon any Bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by the reason of the omission of 6 c. armis or Contra pacem or for mistaking of the Christian-name or Sur-name of the Plaintiff or Defendant Demandant or Tenant summe or summes of money day moneth or year by the Clerk in any Bill Declaration or Pleading where the right name Sur-name summe day moneth or year in any Writ Plaint Roll or Record proceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the Plaintiff might have demurred and shewn the same for cause Nor for want of the averment of Hoc paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right venue so as the cause were tried by a Jury of the proper County or place where the action is laid XII Nor any Judgment after verdict confession by cognovit actionem or relicta verificatione shall be reversed for want of Miserecordia or Capiatur or by reason that a Capiatur is entred for a Miserecordia or a Miserecordia for a Capiatur Nor that Ideo concessum est per Curiam is entred for Ideo confideratum est per Curiam nor for that encrease of costs after a verdit in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any whatsoever are not entred to be by consent of the Plaintiff But that all such omissons variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or tryall are altered shall be amended by the Justices and other Judges of the Courts where such Judgments are or shall be give or whereupon the Record is or shall be removed by writ of Errour Provided this Act extend not to any Writ Declaration or suit of Appeal of Felony or Murther nor any indictment or presentment Felony Murther Treason or other matter nor to any process upon any of them nor to any Writ Bill Action or information upon any penal Statute other then concerning Customes and Subsedies of Tunnage and Poundage XIII And after the 20 of March 1664. No Execution shall be stayed in any of the aforesaid Courts by writ of Errour or Supersedeas thereupon after verdict and judgment in any action personal whatsoever unless a recognizance with condition according to the former Statute made 3 Jacob. cap. 8. shall be first acknowledged in the Court where such judgment shall be given XIV In writs of Errour to be brought upon any judgment after verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the Plaintiff in such writ or Errour shall be bound unto the Plaintiff in such writ of Dower of Ejectione firmae in such reasonable summe as the Court to which such writ of Errour shall be directed shall think fit with condition that if the judgment shall be affirmed in the said writ of Errour or the writ of Errour discontinued in the default of Plaintiff therein or that the said Plaintiff be nonsuit in such writ of Errour that then the Plaintiff shall pay such costs damages and summes of money as shall be awarded after such judgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any waste committed after the first judgment in Dower or Ejectione firmae And upon return thereof Judgment shall be given and Execution awarded for such mean profits and damages and for costs of suit Provided this Act extend not to any writ of error to be brought by any Executor or Administrator nor any action popular nor to any other action which is or shall be brought upon any penal Law or Statute except actions of debt for not setting forth of tithes nor to any Indictment Presentment Inquisition Information or Appeal This Act to continue in force for 3 years and to the end of the next Session of Parliament after the said 3 years and no longer Execution of Statutes I. Stat. 3 H. 7.1 The Lord Chancellor Treasurer and Privy Seal or any two of them calling to them a Bishop a Lord of the Council and the two chief Justices or two other Justices in their absence upon bill of information put to the Chancellor for the King or any other for maintenance retainers embraceries untrue demeanings of Sheriffs taking of money by Juries great Riots or unlawful assemblies have authority to call before them by writ or privy Seal
within ten years after such imperfections removed XIX All Actions upon the Case other then for slander actions for accompt other then such as concern Merchandize Actions or Trespass Debt Detinue Trover and Replevin shall be commenced within three years after this present Session of Parliament or within 6 years after the cause of such actions or suit and not after XX. All actions or trespass of Assault Battery Wounding and imprisonment shall be commenced within one year after this session or within four years after the cause of suit and not after XXI All actions upon the Case for words shall be commenced within one year after this present session or within two years after the words spoken and not after XXII Provided that if in any such actions judgment be given for the Plaintiff and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of judgment it is given against him or if the Defendant be outlawed in the suit and after reverse the outlawry in these cases the Plaintiff his Heirs Executors or Administrators may commence a new Action within a year after such judgment reversed or given against the Plaintiff or outlawry so reversed and not after XXIII The right of Action in the cases abovesaid is saved to an infant Feme covert non compos mentis a person imprisoned or beyond Sea so as they commence their suits within the times above limited respectively after their imperfections removed Linne I. Stat. 26 H. 8.9 An Act for the repairing of the Town of Linne See the Statute at large ☞ Linnen Cloth * I. Stat. 28 H. 8.4 No person whatsoever shall put to sale any piece of Doulas or Lockeram unless the just length be expressed thereupon in pain to forfeit the same or the value thereof to be divided betwixt the King and the seiser * II. Stat. 1 El. 12. None shall use any means whereby Linnen Cloth shall be deceitful or made worse for use in pain to forfeit the same to suffer a moneths imprisonment and to be fined by the Justices before whom he shall be condemned III. Justices of Oyer and Terminer and of Assize and Justices of Peace or any three of them 1 Quo. have power to hear and determine these offences ☞ IV. The Informer that shall at the next Sessions of the Peace after the seiser to be kept in the County where such seiser is made or before two Justices 1 Qu. make due information of the offence and seiser or procure the Offender to be there indicted and be bound by recognizances before the said Justices to pursue the same matter with effect and give evidence as of right appertaineth and pay the one moiety of what he recovers to the Sheriff or other accomptant for the Queen's use shall have the other moiety for his paines V. The Justices before whom these offences are tried shall by estreat certifie the forfeiture into the Exchequer See more title Mannufacture num III. Livery and Ouster le main I. Stat. De escheatoribus 29 E. 1. Where by Inquests taken before the Escheator upon the King 's writ returned it is found that nothing is holden of the King the Escheator shall be immediatly commanded by the King 's writ out of the Chancery to put from his hands the Lands so taken into the King's hands and if the Escheator have received any profit thereof he shall restore it Howbeit if the King's title may afterwards be made appear by remembrances in the Chancery Exchequer or elsewhere the Lands shall be reseised and the mean profits answered to the King and in such case Scire sacias shall issue out against the party to shew cause why they should not be reseised Vide Artic. super Cart. 28 E. 1. cap. 19. To the like effect as to the Ouster le main and rendring the mean profits when there is no cause of seisor II. Stat. 28 E. 3.4 Where the King's tenant after he hath had livery hath been charged with rents and other paiments become due after such livery for part of the time pro rata hereafter the Escheator shall be charged with the Casual and continual prosits which happen before the livery pro rata according to the time and the tenant shall receive certain paiments of rent c. which happen after the livery without any abatement thereof pro rata for the time ☞ Liveries of Companies and Retainers * I. Stat. 1 R. 2.7 None shall give liveries for maintenance of quarrels or other conspiracies in pain of imprisonment and grievous forfeiture to the King And the Justices of Assize shall diligently inquire of such as gather together in Fraternities for such purposes and shall punish them according to their demerits London I. Stat. de Gavelet 10 E. 2. The Lords of Rents in London may recover them by a writ of Gavelet in their Hoystings and in default thereof the Lands in demesne II. Stat. 28 E. 3.10 The Mayors Sheriffs and Aldermen of London shall cause errours defaults and misprisions there to be redressed in pain to forfeit for the first default 1000 marks for the second 2000 marks and for the third to have the franchise and liberty of the City seised And their defaults herein shall be inquired of by Inquests of Kent Essex Sussex Hertford Buckingham and Berks as well at the King's suit as of others that will complain III. The Maior Sheriffs and Aldermen being indicted shall be caused by due process to come before the King's Justices assigned thereunto out of the City and there shall be made to answer as well to the King as to the party grieved and their trial shall be by forein Inquests as aforesaid whereupon if they be attainted the said pain shall be levied upon them and the Plaintiffs also shall recover treble damages IV. In the prosecution of such suits the Constable of the Tower or his Lievtenant shall execute all processes in the City which process shall be by attachment distress and exigent and in the King's case the exigent shall be awarded after the first Capias returned but after the return of the third Capias at the suit of the party V. If they have lands out of the City process shall issue against them in the Countie where such lands be by attachment and distress VI. Every of them that appear shall answer particularly for himself as well at the peril of him that is absent as of himself VII This Ordinance shall extend to all other Cities and Boroughs throughout the Realm Howbeit the Inquests in such cases shall be taken by foreign people of the Counties wherein such Cities and Boroughs are scituate and the pains to beset upon them shall be adjudged by the Justices thereto assigned VIII Stat. 1 H. 4.15 The penalties of 1000 and 2000 marks imposed by the Statute of 28 E. 3. shall not be limited to a certainty but the penalties shall from henceforth be left to the discretion of the Justices thereunto assigned in
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
shall be supplied out of the rest presented or by other such Citizens at the discretion of the said Mayor and six Aldermen XXI Pleas of Attaints commenced in London shall be tried there by Inquests of the same City and not elsewhere XXII In an Attaint there no challenge shall lie for lack of sufficiency in estate XXIII The Judgment in such an Attaint shall not extend to lands or tenements nor yet to other punishment of the petty Jury or other processes then such as are limited by this Act. XXIV In such an Attaint if the petty Jury be attainted Judgment shall be given against the Defendant as at the Common Law and against the petty Jury to forfeit each of them 20 l. or more at the discretion of the Court to be employed as other penalties forfeited before them and to suffer six moneths imprisonment or less at the like discretion of the Court and to be for ever after disabled to be a Juror XXV But if the verdict be affirmed the Grand Jury shall-further inquire the corruption of the petty Jurors and if any of them be found to have taken any reward or promises thereof he shall forfeit ten times the value thereof to the Plaintiff and shall further incurr imprisonment and disability to be a Juror as aforesaid The like forfeiture also and imprisonment shall be inflicted upon the Tenant or Defendant that shall give such reward or promise but this last forfeiture shall accrue to the City in manner aforesaid XXVI If a debt costs or dammages are recovered in the first Action whereupon the Attaint is brought and that verdict found false the Plaintiff in such Attaint may sue for restitution of such debt costs and dammages by Writ Bill or Plaint in any of the King's Courts wherein no wager of Law shall be admitted XXVII In such an Attaint if the Plaintiff be non-suit or the first verdict affirmed the Plaintiff shall be imprisoned and make fine to the use of the City at the discretion of the Court. XXVIII Where there are one or more Plaintiffs if any of them die or be non-suit and albeit all the Tenants or Defendants and some of the petty Jury die yet shall not the Attaint abate so that two of that Jury remain in life XXIX The Grand Jurors that make default shall forfeit for the first forty shillings for the second five pounds and for every other afterwards ten pounds XXX Such process shall be made against the Jurors and parties in this Attaint as is usually made in Attaints at the Common Law and shall be returnable at every Hustings XXXI The Attaint shall not remain to be taken after the first summons for the default of the Tenant or Defendant or any of the petty Jury neither shall any essoign be allowed in the same XXXII When the trial is to be per medietatem linguae the Mayor and Aldermen shall impannel half strangers worth an hundred pound a piece XXXIII Stat. 23 H. 8.3 Upon every untrue Verdict before Judges of Record except where the thing in demand extendeth not to the value of 40 l. or concerneth life the party grieved shall have an Attaint against the petty Jury and also against the party that hath the judgment thereupon XXXIV The Processes here shall be summons re-summons and distress infinite as well against the petty Jury and party as against the Grand Jury who shall be of the accustomed number and have lands of the yearly value of 20 marks out of ancient demesne XXXV The distress shall be awarded 15 daies before the return thereof and shall be made upon the land of every one of the Grand Jury as is used in other distresses XXXVI Albeit the Defendant or petty Jury or some of them appear not yet the grand Jury shall proceed XXXVII If any of the petty Jury appear the Plaintiff shall assign the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the Writ Processes Return and assignment be good but that they made true serement which shall be tried by 24 of the Grand Jury unless the Plaintiff hath before been non-suit or discontinued his suit or had judgment against the same Jury for the same Verdict XXXVIII Howbeit the Defendants may plead that they gave a true verdict or any other matter which may barr the Attaint but notwithstanding such plea the Grand Jury shall nevertheless inquire whether the first Jury gave a true verdict or no. XXXIX If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided betwixt the King and the Plaintiff and incurr several fines at the discretion of the Justices and be ever after disabled to give testimony in any Court XL. If the Defendant's plea in bar be found against him the Plaintiff shall have judgment to be restored to that he lost with his reasonable costs and dammages XLI Outlawry or Excommunication shall be no plea against the Plaintiff in Attaint and in the aforesaid process such day shall be given as in dower but no essoign or protection allowed XLII If the Grand Jury appear not so that the petty Jurie's verdict remains untried the defaulters shall upon the first distress forfeit 20 s. upon the second 40 s. and upon every default after 5 l. The like penalty is also to be inflicted upon the Tales XLIII The Attaint is maintainable so long as any two of the petty Jury are alive XLIV An Attaint shall also lie for a personal thing under the value of 40 l. in manner aforesaid save onely that in such case the Grand Juror is to have lands worth 5 marks per annum out of ancient demesn or to be worth 100 marks in goods and the forfeiture of each petty Juror shall be but 5 l. XLV For want of sufficient Jurors in one County a Tales shall be awarded into another County at the discretion of the Justices XLVI An Attaint shall also lie for him in reversion or remainder And also in Attaint if the Plaintiff be non-suit or discontinue the suit he shall be fined at the discretion of the Justices XLVII All Attaints shall be hereafter taken in the King's Bench or Common Pleas and not elsewhere and Nisa prius shall be granted upon the distress at the discretion of the Justices also any of the petty Jury may appear and answer by Attorney XLVIII As concerning the forfeitures the several moieties shall be recovered by the King and parties respectively by Ca. sa or Fi. fa. or Elegit or Action of debt against each of the petty Jury their Executors or Administrators having then sufficient goods of the Testators not administred XLIX Judgment and Execution of restitution to the Plaintiff and of discharge of restitution to the Tenant or defendant shall be given and had as in case of a grand Attaint hath been used L. The Non-suit or release of one Plaintiff shall not prejudice his companions LI. In every
found to satisfie the debt distresses shall be reasonable The Sheriff shall answer all debts received and where the Sheriff chargeth himself the debtor shall be acquitted IV. Marlbr 1. 52 H. 3. All persons high and low shall receive justice in the King 's Court. V. None shall take any distress of his own authority without award of our Court in pain upon conviction thereof to be punished by fine according to the trespass and the party grieved shall be also recompensed his loss VI. Marlb 2. 52 H. 3. None shall distrain any to come to his Court that is not of his Fee or upon whom he hath no jurisdiction neither shall distresses be taken out of the fee or place where he hath no jurisdiction in pain that the offender shall be punished as before VII Mralb 3. 52 H. 3. If any will not suffer distresses to be delivered by the King's officers or summons attachments or executions of judgments given in the King's Court to be done he shall be punished as aforesaid VIII If a Lord distrain his tenant for a thing for which he hath cause to distrain and yet it is afterwards found not to be due in such case if the Lord suffer the distress to be delivered he shall not be fined but onely amercied nevertheless the tenant shall also recover his damages against him IX Marlb 4. 52 H. 3. None shall drive a distress out of the County wherein it was taken in pain to make fine as before And if a Lord presume so to do against his tenant he shall be grievously amercied X. None shall take an unreasonable distress in pain to be grievously amercied XI Marlb 15. 52 H. 3. It shall be lawfull to none except the King and his Officers having special authority to take distresses out of his see or in the King 's high way or in the common street XII West 1.16 3 E. 1. None shall drive a distress out of the County or distrain wrongfully or out of his fee in pain to be punished as by the Statute of Marlb is provided or more greivously if the Trespass so require XIII West 17. 3 E. 1. If Beasts be impounded in a Castle or Fortress and after convenient notice to the impounder c. not suffered to be replivied by the Sheriff or some other of the King's Bailiffs the King will command that Castle or Fortress to be demolished and after the first demand of the Sheriff or Bailiff the Plaintiff shall recover double damages against the Lord or impounder or if the impounder be not able then against the Lord onely XIV In this case if the Bailiff of the Franchise refuse to do it then shall the Sheriff do it himself upon the aforesaid pains XV. Also deliverance shall be made by attachment of the Plaintiff made without writ and upon the same pain XVI West 2.36 13 E. 1. None shall procure any to distrain anther to make him appear at the County-court or any other inferiour Court on purpose to vex him and put him to charge and trouble in pain to make fine to the King and to pay to the party greived treble damages XVII West 2.37 13 E. 1. No distress shall be taken but by Bayliffs known and sworn in pain to restore damages to the party greived and to be greivously punished by the King XVIII Artic. Cleri 9. 9 E. 2. Distresses shall not be taken in the high way nor in the ancient sees of the Church * XIX Stat. 1. 2 P. M. 12. No distressee of Cattel shall be driven out of the Hundred where it is taken except to a pound overt within the same Shire nor above three miles distant from the place where it was so taken neither shall a distress be impounded in several Replevins for the delivery thereof in pain to forfeit to the party grieved for every offence committed against this Act 5 l. and treble damages XX. None shall take above 4 d. for the poundage of one distress and where less is usually taken to take less in pain to forfeit to the party grieved 5 l. besides what is taken above XXI The Sheriff shall at his first County-day or within two months after he receives his Patent depute and proclaim in the Shire-Town four Deputives to make Replevins not dwelling above 12 miles distant one from another in pain to forfeit for every moneth he wants such Deputy or Deputies 5 l. to be divided betwixt the King and profecutor Dover see Title Havens and Rivers num XIV I. Atticuli super Chartas 7 28 E. 1. The Constable of Dover Castle shall not hold plea of any forrain County within the Castle gates except it concern the keeping of the Castle neither shall he distrain the Inhabitants of the five Ports to plead elsewhere or otherwise then they as they ought according to the form of their Charter confirmed by the great Charter Dower I. Merton 1. 20 H. 3. A woman deforced of her Dower or Quarentine in a Writ of Dower shall recover damages viz. the value of her Dower from her husbands death to the day of the Recovery of her Dower and the deforceor shall be amercied II. West 2.48 3 E. 1. In a Writ of Dower unde nihil habet the Writ shall not abate by the exception of the Tenant that she hath received her Dower of another before the writ purchased unless he can shew that she received part of her Dower of himself and in the same Town before the Writ purchased III. West 2.4 13 E. 1. The Wife shall be endowable as well where land was recovered against her husband by default as by covin so that albeit the land was lost by the husbands default yet that shall be no good allegation for the tenant but he must then proceed and shew his right otherwise the wife shall recover IV. When Tenant in Dower in Frank-marriage by the courtesy for life or in tail lose their land by default and the tenant is compelled to shew his right they may vouch the Aeversioner if they have warranty and then the Plea shall pass betwixt the tenant and the warranter according to the tenor of the Writ by which the tenant recovered by default and so from many actions they shall resort to one judgment viz. that the demandants shall recover that demand and the tenants shall go quit V. Here if the Action of such a Tenant which is compellable to shew his right be moved by a writ of right albeit the great Assize or Battel cannot be joyned by words accustomed yet shall it in that case be joyned by words convenient VI. If the wife be wrongfully endowed by the Guardian during the minority of the heir he at full age shall be righted yet shall the wife retain her just Dower if she make her title good VII By this Statute in place of a writ of right a Quod ci deforceat is given to tenant in Dower in free marriage by the courtesie for life and in tail upon losing
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
the King and his Council therewith they shall take no fee but of the King nor give councel where he is a party and if they do amiss they shall be at the King's will in body lands and goods IV. Stat. 20 E. 3.2 The like is commanded to the Barrons of the Exchequer and to dispatch businesses depending before them without delay V. Stat. 20 E. 3.3 Justices assigned by Commission and of Assize and Gaol-delivery and their Associates shall make such oath as shall be enjoyned them by the King's Council or the Chancery before their Commissions be delivered unto them VI. Stat. 1 Jac. 10. None shall take any money or promise for the report of an order or cause referred unto them by any of the King's Judges or Court directly or indirectly in pain of 5 l. and to lose his office or place in the same Court VII The forfeiture is to be divided betwixt the King and the party grieved if he will sue for it but if not then betwixt the King and any other prosecutor VIII This Act shall not prohibit the Clark from taking for his pains in writing the Report viz. 12 d. for the first sheet and 2 d. a piece for the rest Justices in Eyre I. Marlb 24 52 H. 3. Justices in Eyre shall not amerce Townships because all of twelve years of age came not before the Sheriffs and Coroners to make inquiry of robberies House-burnings and other offences against the Crown so that a full Inquest of those Towns appear Howbeit upon an Inquest for the death of a man all of 12 years of age ought to appear unless they have some reasonable cause of absence II. West 1. cap. 18. 3 E. 1. The common fine and amerciament of the whole County in Eyre of the Justices for false judgment or other trespass shall hereafter be Assessed by the said Justices upon the oaths of Knights and other honest men and not by Sheriffs and Barretters as in times past hath been used And the said Justices shall cause the parcels thereof to be Estreated into the Exchequer and not the whole summe onely III. West 2. cap. 10. 13 E. 1. Justices in Eyre in their Circuits shall appoint a certain time before which all writs shall be delivered in and then the Sheriff shall certifie the chief Justice in Eyre how many writs he hath and what they concern after which time they shall not be received or if received shall have no force except writs that abate during the Circuit which may be amended also except writs of Dower of men dying within the summons of the circuit Assizes of Darrein presentment and Quare impedit of Churches vacant within the said summons and of Novel disseisin ☞ Justices of Assize I. Stat. Justic Assisarum Incerti temporis There shall be eight circumspect and discreet Justices Assigned to take Assizes Juries and Certificates throughout the Realm viz. Two in the Counties of York Northumberland Westmerland Cumberland Lancashire Nottingham and Darby Two in the Counties of Lincoln Leicester Warwick Stafford Salop Northampton Rutland Glocester Hereford and Wigorn Two in the Counties of Cornwal Devon Somerset Dorset Wiltshire Southampton Oxon Berk Sussex and Surrey And two in the Counties of Kent Essex Suffolk Norfolk Cambridge Huntingdon Bedford and Buckingham II. Assizes Juries and Inquests of Middlesex shall be taken before the Justices of the Bench. III. The said eight Justices so Assigned shall daily attend for that purpose at such places as they shall think fit and most for the ease of the people and writs of Assizes Juries or Recognizances shall be granted to be taken before none but them save of the special grace of the King IV. Stat. 20 E. 3.6 Justices of Assize have power to inquire of the misdemeanours of Sheriffs Escheators Bailiffs and other Ministers Imbraceors and Jurors and to punish such as be found guilty And the Chancellor and Treasurer are to hear all complaints thereof and to apply speedy remedy thereunto V. Stat. 6 R. 2.5 Justices of Assize and Gaol-delivery shall hold their Sessions in the chief Towns of every County where the Shire-Courts there use to be holden VI. Stat. 8 R. 2.2 No man of Law shall be Justice of Assize or Gaol-delivery in his own Country and the chief Justice of the Common Bench shall be Assigned amongst others to take Assizes and to deliver Gaols but as to the chief Justice of the King's Bench it shall be as for the most part of 100 years last past hath been wont to be done VII Stat. 11 R. 2.11 Because it was found inconvenient to the subject that Justices of Assize should be bound to hold their Sessions where the Shire-Courts use to be held the Chancellor by the advice of the Justices shall have power to order that otherwise as need shall be notwithstanding the Statute of 6 R. 2.5 VIII Stat. 20 R. 2.3 No Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices are there commanded not to suffer it IX Stat. 11 H. 4.3 Justices of Assize shall deliver into the Treasury the Records of Assizes of Novel desseisin Mortdancester and Certifications every second year after the plea determined and judgment given and those Records shall not be amended or impaired after judgment given and recorded X. Stat. 14 H. 6.3 The Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of peace and truce in the City of Carlile and not elsewhere according to the Statute of 6 R. 2.5 XI Stat. 33 H. 8.24 No Justice or other learned in the Law shall be Justice of Assize in the County where he was born or doth inhabit in pain of 100 l. to be divided betwixt the King and the prosecutor XII This Statute shall not extend to the Clark of Assize or to any Associate or to any such Justice of Assize XIII Neither shall these words Justices of Assize or others learned in the Law extend to Officers in Corporations but that they may be Justices of Assize of fresh force or other Assizes in the place where they dwell or were born XIV This Act shall not be prejudicial to any Justice of the one Bench or the other for hearing and determining Assizes in those Courts nor to any Justice that shall take any Assize by adjournment for difficulty thereof XV. The Clark of Assize shall not during the Sessions be of Council to any within the Circuit otherwise then as to his Office appertains in pain of 10 l. to be divided betwixt the King and the party grieved XVI This Act shall not extend to Justices Clarks nor Clarks of Assize within the Dutchy and County Palatine of Lancaster Justices of both Benches I. West 1. cap. 45. 3 E. 1. One plea shall be decided by the Justices of the King's Bench before another be commenced yet Essoins shall be entred and allowed but let none presume to absent himself at the
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-â—elivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrahâ—m Baker for making of Smalt nor to that of Edward Lord Dudlâ—y for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H iâ—s of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester ☞ Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
thereupon a Writ awarded to the Sheriff and returned into the Common Pleas and the Statute there mee shewed albeit the process thereof be after that discontinued yet the party shall have the process re-continued and shall also have re-execution upon the same Statute without shewing it again to the Court. XXXI Stat. 11 H. 6.10 He that sueth for a Scire facias in Chancery to defeat an Execution upon a Statute-staple shall find surety both to the King and the Recognizee to prosecute his Suit with effect c. XXXII Stat. 23 H. 8.6 The Chief Justices of the Kings Bench and Common Pleas or either of them or in their absence out of the Term the Mayor of the Staple at Westminster and the Recorder of London joyntly together shall have power to take Recognisances for the payment of debts in this sorm following XXXIII Noverint universi per praesent nos A.B. D.C. teneri firmiter obligari Johanni Style in cent libr. Sterling solvendis eiden Johanni aut suo cert Atornat hot script ostend haered vel execut suit in tal fest c. proxim futur post dat praesent si desecero vel defecerimus in solutione debit praedict Volo conced vel sic Volumus concedimus quod tunc currat super me haered execut meos vel Super nos quemlibet nostrum haered execut nostros poena in statuto Stapul de debit pro Merchandisis in ead emptis recuperand ordinat provis dat talï dir Anno regni regis c. XXXIV Such Obligation shall be sealed with the Seal of the Recognisor or Recognisors as also with such a Seal as the King shall appoint for that purpose and with the Seal of one of the chief Justices or the Seals of the said Mayor of the Staple and Recorder and every of the said Justices and the said Mayor and Recorder shall have the custody of one such Seal to be appointed by the King as aforesaid XXXV The Clerk of the Recognisances to be also appointed by the King or his sufficient Deputy or Deputies shall write and inroll such Obligatiors in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Mayor and Recorder that take such Recognisance and the other with the writer thereof Also such Clerk or his Deputy or Deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. XXXVI The Clerk or his Deputy at the request of the Creditors their Executors or Administrators shall certifie such Obligations into the Chancery under his or their Seal XXXVII The Recognisees of such Obligations their Executors and Administrators shall have in every point degree and condition against the Recognisors their Heirs Executors and Administrators such Process Execution commodity and advantage as hath been had upon an Obligation of the Statute of the Staple and shall also pay like Fees for the same XXXVIII Here the Recognisor so bounden or otherwife grieved by such an Obligation shall have like remedy by Audita Qucrela and all other remedies in the Law as upon Obligations of the Statute of the Staple XXXIX Upon the sealing of the process for the execution of every such Obligation the King shall have an half-peny in the pound XL. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy as upon an Obligation of the Statute of the Staple XLI The Justices or the Mayor and Recorders fee for taking such a Recognisance is 3 s. 4 d. and the Clerks fee is as much and his fee for certifying such an Obligation is 20 d. And none of them shall take more in pain of 40 l. XLII From henceforth the Mayor or Constable of the Staple shall take no Recognisance of the Statute of the Staple in pain of 40 l. except between Merchants being free of the same Staple for Merchandize of the said Staple between them lawfully bought and sold XLIII The forfeitures abovesaid are to be divided betwixt the King and the prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed XLIV Stat. 16 and 17 Car. 2. cap. 5. When any Judgment Statute or Recognisance shall be extended it shall not be avoided or delayd by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of contribution against such persons whose Lands be or shall be extended out of such Extent from time to come XLV Provided This Act give no extent or contribution against any heir within the age of 21 years during such minority further then might have been before this Act. XLVI Provided This Act extend only to such Statutes as be for payment of moneys And to such Extents as shall be within 20 years after the Statute Recognisance or Judgment had This Act to continue 3 years and from thence to the end of the next Session of Parliament and no longer ☞ Records I. Stat. 9 E. 3.5 Justices of Assize Goal-delivery and Oyer and Terminer shall yearly at Michaelmas send all their Records and Processes determined and put in execution into the Exchequer which the Treasurer and Chamberlains there shall receive under their seals and keep them in the Treasury Howbeit the said Justices shall first take out the Estreats of the said Records and Processes to send them to the Exchequer as they were wont to do Recoveries I. Stat. 7 H. 8.4 Recoverers of Mannors Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make Avowry and justifie the same and have like remedy for recovering them as the Recoverer might have done or had Albeit the said Recoverers were never seised thereof And shall also have a Quare Impedit for an Advowson if upon a Voydance any disturbance be made by a stranger as the Recoverers might have had albeit they were never seised thereof by presentation II. Here every Avowant or Bailiff in any Râ—plegiarie or second Deliverence if their Avowrie Conusance or justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs III. Stat. 21. H. 8.15 A Termer for years may falsifie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assigns according to his Lease IV. Also the Recoverer shall have like remedy against the termer his Executors or Assigns by Avowrie or Action of debt for Rents and Services reserved upon such Lease and due after such recovery and also like action for waste done after such recovery as the lesser might have had if such recovery had never been V. No Statute of the Staple Statute-Merchant or execution by Elegit shall be avoided by such feigned recovery but such tenants shall also have like remedy to falsifie such recoveries as is
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
attainted of Treason so long as the attainder continues in force XXVI Stat. 1 M. Sess 1. No Act or offence shall be adjudged Treason petty Treason or misprision of Treason but such as be declared to be so by 25 E. 3. Stat. 5. cap. 2. XXVII Stat. 1 M. Sess 2.6 To counterfeit any forreign coin made currant in this Realm or the Queens Signet Manuall privy Signet or privy Seal shall be adjudged High Treason And all counsellors procurers and abettors thereunto shall also be deemed Traytors XXVIII Stat. 1 2 P. M. 10. Tryal of Treason shall be according to the course of the Common Law and not otherwise XXIX The right of all others is saved XXX Concealment of High Treason shall be adjudged misprision of Treason and shall incur punishment accordingly XXXI Also in cases of High Treason concerning coin and for counterfeiting the King or Queens Signet privy Seal Great Seal or Signet Manual such tryal shall be observed as heretofore hath been used by the Common Law XXXII Stat. 1 2 P. M. 11. If any person bring from beyond Sea into this Realm or any of the Dominions thereof any false and counterfeit coin of money allowed to be currant in this Realm knowing it to be so with intent to utter the same here by Merchandizing or otherwise both he and his accessaries shall be adjudged offenders in High Treason and shall be adjudged and convicted or attainted for the same by such evidence and in such form as hath been used within this Realm before the first of E. 6. XXXIII Stat. 5 El. 11. Clipping washing rounding or filing for lucre sake any of the proper moneys or Coins of this Realm or the Dominions thereof or of forreign Moneys or Coins allowed to be currant here shall be adjudged High Treason and the offender herein together with his accessaries being thereof attainted shall suffer death forfeit all his goods and his lands also during life XXXIV They who have any grant of forfeitures of lands or goods within any Liberty or Precinct shall in this case also enjoy them XXXV These offences make no corruption of bloud nor forfeiture of Dower And here tryal of a Peer shall be by his Peers XXXVI Stat. 18 El. 1. If any person shall for lucre sake by any wayes or means whatsoever impair diminish falsify scale or lighten the Coins of these Dominions or the Coins of any other Realms allowed to be currant here during the time they are so allowed it shall be adjudged Treason and the offenders therein their Counsellors Consentors and Aiders shall suffer death forfeit all their goods and chattells and their lands also during life XXXVII Howbeit this offence shall cause no corruption of bloud or forfeiture of Dower and the tryal of a Peer shall be by this Peers XXXVIII Stat. 29 El. 1. No Record of Attainder of Treason shall be reversed where the party attainted is executed for the same offence XXXIX Stat. 13 Car. 2. cap. 1. It shall be Treason in any persons whatsoever during the Kings life within the Realm or without to compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the King or to deprive or depose him from the stile honour or Kingly name of the Imperial Crown of this Realm or of any other his Dominions or Countries or to levy War against him within or without the Realm or to move or stir any forreiner or stranger with force to invade this Realm or any other the Kings Dominions or Countreyes being under his obeysance And such compassings Imaginations Inventions Devices or Intentions that any of them shall express utter or declare by any Printing Writing Preaching or Malitious advised speaking being legally convicted thereof upon the oaths of two lawful and credible Witnesses upon Tryal or otherwise convicted or attainted by due course of Law Every such person shall be adjudged a Traytor and suffer pains of death and forfeit as in cases of Treason Vide Title King Numb VII XL. Stat. 12 Car. 2. cap. 30. Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and others attainted of High Treason for the horrid Murther of King Charles the first Vide the Act at large XLI Stat. 13 Car. 2. cap. 15. The pains Penalties and forfeitures imposed upon the Estates and persons of certain notorious offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion Trespass I. The Statute of Glocester Cap. 8. 6 E. 1. Sheriffs shall plead pleas of Trespass in their Counties as they have been accustomed to be pleaded II. None shall have Writs of Trespass before Justices unless he swear by his faith that the goods taken away were worth 40 s. at least III. If he complain of beating he shall answer by his faith that his plaint is true but for maims and wounds a man shall have his Writ as before hath been used IV. The Defendants in such pleas may make their Attorneys where Appeal lyeth not so that if they be attainted of Trespass being absent the Sheriffs shall be commanded to take them and they shall incur like pain as they should have had if they had been present at the Judgment given V. If the Plaintiffs in such Trespasses cause themselves to be Essoined after the first appearance day shall be given them till the coming of the Justices and the Defendants in the mean time shall be in peace VI. In such pleas and others where attachments and distresses do lye if the Defendant Essoin himself of the Kings service and do not bring his warrant at the day given by the Essoin he shall recompence the Plaintiffs damages for his Journey 20 s. or more at the discretion of the Justices and besides shall be grievously amerced to the King VII Stat. 43 El. 7. If any shall be convicted by his own confession or by the Testimony of one Witness upon Oath before one Justice of Peace or Head-Officer to have unlawfully cut and taken away any grain growing robbed any Orehard or Garden digged up or taken away any Fruit-Trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or Head-Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the Order then shall the said offender be by them or either of them respectively committed to the Constable or other Officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping VIII The Constable or other
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
to forfeit beside the value of the said printed Copies 5 l. for every Copy not so delivered The same to be recovered by his Majesty his Heirs and Successors And by the Chancellor Masters and Schollers of the said Universities respectively by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster Treason I. Stat. 17 Car. 2. Cap. 5. apud Oxon. An Act for Attainting Thomas Dolman Joseph Bampfield and Thomas Scott of High Treason if they render not themselves to some of his Majesties Justices of the Peace for the County wherein they shall first arrive at or before the first of February next and abide their legall Tryal II. And for attainting every person that is or shall be beyond the Seas during the War with the United Provinces that being required by his Majesties Proclamation shall not return and render themselves accordingly so that the time prefixed by such Proclamation be not less then three Calender months from the date thereof III. And all his Majesties Subjects who after the first of February next shall during the said Warr serve the said States either by Sea or Land as a Souldier or Marriner or Seaman on this side the Straights or after the first of May 1666 within the Straights or after the first of August 1666. in Africa or America or any where beyond the Straights on this side the Aequinoctial or after the first of February 1666. in the East-Indies or in any part beyond the Aequinoctial shall be attainted of High Treason Damages Cleer I. Stat. 17 Car. 2. Cap. 6. apud Oxon. All Damage Cleer or Fees called Damna Clericorum from and after the 29th of September which shall be in the year 1672. shall cease and be abolished in all Courts at Westminster and elsewhere within England and Wales II. And untill the said 29th of September 1672. and no longer Damage Cleer shall be paid and allowed out of such sums of money only as shall be actually levied or paid by or from the Defendants and onely for the proportion of the sum and sums of money levied or paid and no more or otherwise Distresses I. Stat. 17 Car. 2. Cap. 7. Apud Oxon. For more speedy and effectual proceeding upon Distresses and Avowries for Rents Enacted That when any Plaintiff in Replevin by Plaint or Writ returned removed or depending in any of the Kings Courts at Westminster the Defendant making a Suggestion in nature of an Avowry or Conusance for such Rent to ascertain the Court of the cause of the Distress the Court upon his prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the oaths of 12 good and lawful men of his Baylywick touching the sum in arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon 15 dayes shall be given to the Plaintiff or his Attorney in Court of the sitting in such Enquiry And thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the oaths of 12 good and lawful men of his County And upon the return of such inquisition the Defendant shall have Judgment to recover against the Plaintiff the arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And if they amount not to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto together with full costs of Suit and shall have Execution thereupon by Fieri Facias or Elegit or otherwise as the Law shall require And in case such Plaintiff shall be nonsuit after Conusance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Jurors that are impanelled or returned to enquire of such issue shall at the prayer of the Defendant enquire concerning the sum of such arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Conusance shall have Judgment for such arrearages or so much thereof as the Goods or Cattel distrained amounts unto together with his full Costs and shall have Execution for the same by Fieri Facias or Elegit or otherwise as the Law shall require II. And if Judgment in any of the Courts aforesaid be given upon Demurrer for the Avowant or him that maketh Conusance for any Rent the Court shall at the prayer of the Defendant award a Writ to enquire of the value of such distress And upon return thereof Judgment shall be given for the Avowant or him that makes Conufance as aforesaid for the arrears alledged to be behind in such Avowry or Conusance if the Goods or Cattel so distrained amount to that value And if they shall not amount to that value then for so much as the said Goods or Cattel so distrained amount unto together with his full costs of Suit and shall have like Execution as aforesaid Provided That in all cases aforsaid where the value of the Cattel distrained as aforesaid shall not be found to be to the full value of the arrears distrained for that the party to whom such Arrears were due his Executors or Administrators may from time to time distrain again for the residue of the said arrears Suits and Delayes I. Stat. 17 Car. 2. Cap. 8. Apud Oxon. For avoiding unnecessary Suits and Delays Enacted That in all Actions personal and real or mixt the death of either party between the Verdict and the Judgment shall not hereafter be alledged for Errour so as such Judgment be entred within two Terms after such Verdict II. And where any Judgment after a Verdict shall be had by or in the name of any Executor or Administrator In such case an Administrators de bonis non may sue forth a Scire facias and take Execution upon such Judgment This Act to continue for five years and from thence to the end of the next Session of Parliament A perfect TABLE which may serve as a CONCORDANCE for the ready discovery of any material Clause throughout the said Statutes A. ABatement of Writs Abbeys Priories Hospitals Chappels and other Houses and Corporations Advowson 7. Franchises 31 c. Monasteries Tenure 11 c. Vacation of Bishopricks Abettors Appeals 5. Ability and Nonability Pag. 1 Crown 153 155 170. Abjuration Crown 70 c. Forrests 10 19. Purveyors 33. Wards 18 Accessary Appeals 2 England and Scotland 5 Triall 13.14 Account Pag. 2 Customs 5. Debt to the King 8 c. Receivers Accusation Pag. 4 Triall 3. Acquittances First-fruits 17 Action Popular Pag. 5 Demurrers 2 Informers Jurors 36 c. Monopolies 5 Action upon the Case Process 12 Tythes 2. Addition Pag. 6 Discontinuance of process 4 Adjornment Pag. 7 Admeasurement of Dower Pag. 7 Admeasurement of Pasture Pag. 7 Administrators Pag. 7 Executors Pag. 8 Admiralty Fish 35 Ships 33 45. Ad quod damnum Mortmain Advowson Pag. 8 Dayes in Bank 20. Incumbent
Consultation Prohibition Contra formam callationis Pag. 86 Controllers Accompt 6. Conventicles Pag. 86 Conusance Pag. 86 Copartners Advowson 4 9. Partition Copyhold Pag. 87 Crown 79. Copper Brass Cordage Cables Cordwainers c. Pag. 87 Corn and grain Pag. 95 Forestallers Corodies Assizes 5. Coroners Pag. 96 Attaint 14 c. Crown 80 Marshalsey 3. Murder Pardon Parliament 18 c. Riots Robberies Sheriffs Corporation Pag. 96 Corn 8. Drapery 150. c. 162. c. 186. c. 224. c. 234. 291. Escheators 19. 30. Fish Forcible entry Franchiser 29 Hespitals 7 5. Labourers London 7. Merchants 3. Monopolies 6. Mortmain 18 c. Musters 10. Norwich 8 9. Oyle Parliament Perjury Towns Corpus cum causa Pag. 97 Cosinage Ayel c. Pag. 98 Costs Damages Eâ—iâ—lence 2 Cottages Pag. 98 Coverlets Norwich Counterfeit Letters c. Pag. 90 Counterpleader Advowson 12 County and Turn Pag. 99 Essoyn 3 Evidence 1 Shâ—riffs 49 c. Wales 143 Coopers Pag. 100 Court Bâ—ron Essoyâ— 3 Courts Pag. 102 Crown 158 c. Deceit 1 2 Essoyn 3 Cross-bowes and Hand-guns Pag. 107 Playes Crosses Pag. 109 Crown Pag. 110 Ability 2 Approvements 9 Cui in vita Pag. 132 Culhamsord Bridges 1 Cumberland Corn 2 Currier Cordwainers Customs Cuttomers and Controllers Pag. 132 Account 5 Actions popular 10 Brass 17 c. Cordwainers 2 c. 70 Crown 114 Debt to the King 23 Horses 2 c. Malt 12 Merchants Officeâ—s Ships 1.13.15 Staple 5 c. Wines Wools 7 8 11 Customs and Services Tenure Customs and usages Pag. 136 Custos Rotulorum Pag. 136 Cutting Dams Heads of Ponds Conduits Pipes Tongues and Fars Burning of Carts c. Fish 42 Cutpurses Clergy 32. D. DAyes Festival Holy Dayes Dayes in Bank Pag. 137 Damages and Costs Pag. 141 Damms Cutting Damms Darrein Yresentment Pag. 142 Advowson Assises 4 Dayes in Bank 5.22 Essoyn 1.15 Justices in Eyre 3. Debt Pag. 142 Process 3 Debt to the King Pag. 144 Debt 4 Distresses 2 11. England and Scotland 8 Exchequer 5 Protection 2 Receivers Sheriffs 12 Deceit Pag. 146 Process 14 c. Decies tantum Pag. 147 Declaration Pag. 147 Dedimus potestatum Commissions Déeds and Writing Pag. 147 InrolemeÌ„nts Default Dower 4 Delegates Rome 4 Demurrers Pag. 147 Denizens Aliens Descent Ability 2 3 5. Det Debt Det to the King Pag. 144 Debt to the King Detinue Process 3 Devise Wills Devonshire Drapery Dying and Dyers Drapery 70 c. 108 c. 212 229. Dilapidations Pag. 148 Disceit Pag. 148 Deceit Discent Descent Discontinuance of right or estate Pag. 148 Discontinuance of process Pag. 149 Dismes and Quinzismes Account 6 Dispensations Pag. 150 Diffeisin Assizes 2 3. Entry Entry lawful Distresses Pag. 150 Debt 1 Debt to the King 1 Freehold 1 Mesne Sewers 19 Tenure Divine Service Appeals to Rome 2 Arrests 2 3. Crown Divorces Appeals to Rome 1 Dogges Forrests Hunters Dorneckâ—s Noâ—wich Dover Pag. 152 Dower Pag. 152 Aide of the King 3 Dayes in Bank 3 4.11.18 Discontinuance Entry Essoyn 1.23.15 Justices in Eyre View Women Drapery Pag. 153 Customs 16 Driving of Forrests and Commons Forrests Drunkenness Alehouses 12. c. 23. Dures Pag. 182 Felony 19. Durham Pag. 182 Certificate of the c. Sutton Esq Vagaboads 10.25 E. ECclesiastical furisdirtion Pag. 183 Ability 14. Bishops 9. c. Crown 4 â— t. Election 12 Jurisdiction Tithes Ecclesiastical persons Religions persons Edon in Cumberland Bridges 14. Egges Feasants 2 Wild-fowl Egyptians Pag. 183 Election Pag. 184 Elegit Execution 1. Ely Horses 25. Embracery Execution of Statutes Informers 8. Maintenance 8. Encumbent Parson Endictments Indictments English-men Pag. 185 England Scotland Pag. 185 Englishire Pag. 187 Engrossers Forestallers Enquests Jurors Enrollments Inrollments Entry and Writs of Entry Pag. 187 Dayes in Bank 20. Entry lawful Pag. 187 Entry with force Forcible entry Error Pag. 187 Damages 8 Execution 7. London Escape Pag. 190 Eschange Pag. 190 Customs 2. Money Eschequer Pag. 191 Admeasurement of Pasture Common Pleas 2. Commissions 2. Sheriffs 55 c. Wards 68. Escheat Contra formam collationis Escheators Pag. 191 Account 5. Assises 2. Commissions 1. Debt to the King 15. Eschequer Livery Sheriffs 15. Vacation of Bishopricks Escuage Pag. 201 Essoyn Pag. 202 Dayes in Bank Estovers Assises 5. Estrepement Pag. 203 Wasie Estreats Pag. 203 Corn 6. Eschequer 17. Highwayes 8 9 10 17. Justices in Eyre Justices of Peace 14. Labourers 36. Musters 1. Sewers 40. Sheriffs 1 2 52. Evidence Pag. 205 Erception Pag. 205 Excester Merchants 88. Exchange Eschange Ercise Pag. 205 Exchequer Eschequer Excommunication Pag. 208 Attaint 41. Crown 135. Excommunicato capiendo Pag. 209 Execution Pag. 210 Corpus cum causa Debt 2 3. Execution of Statutes Pag. 214 Executors Pag. 214 Administrators Courts 22. Crown 134 141. Debt for the King 2 21. Rents Exemplifications Grants Exigent and Utlawry Pag. 216 Addition 1. Exportation Drapery 10 52 76 77 79 80 101 197 c. Ships Extortion Pag. 219 Actions popular 7. Ordinaries F. FAir pleader Beaupleader Fairs and Markets Pag. 219 Calves 1. Mortmain 10 False Judgment Pag. 221 Falsifying of Recoveries Recoveries Fasting dayes Holy-dayes Faulcons Hawks Fealty Homage Fees Pag. 222 Atturney 12 13 Feoffments Pag. 222 Felony and Felons Pag. 223 Amendments 7 Armour 7 Captains 4.8.16 Clergy Conjuration England and Scotland Escape Forfciture Forger of false Deeds Hawks Indictments Mainprize Plague 7 Purveyors 10.15.23.32.34.37 Rape Robberies Ships 45 Staple 11.18 Triall Vagabonds 5.16.17 Wales Felts Hats Fennes Pag. 225 Approvements 3 c. Fermes and Fermers Sheep 8 Wast 5 Feasants Partridges Pag. 205 Feather-beds Upholsters Fieri facias Execution Fighting and quarrelling Pag. 228 Fines Pag. 228 Chester 10. c. Chirographer Error 3 c. Felony 23 Wales 152 c. Fines to the King Pag. 232 Finors Gold First-fruits tenths Pag. 232 Courts Fish fishers fishing Pag. 237 Clap-bord Havens 1 c. Ships 17 c. 44 c. Five Ports Ships 33.40 41 Triall 8 Weights 62 Flar and Demp Pag. 242 Flocks Drapery 35.51.139.215 c. 242.295 Fools Lunatiques Mad-men Pag. 242 Wards 58 72 Wills 22 Forcible Entry Pag. 243 Assizes 20 Process 13 Forests Chases Parks and Warrens Pag. 244 Cross-bowes 7 Felony 5 Horses 7. 17. Forfeiture Pag. 248 Forger of false Déeds Pag. 250 Forma pauperis Dà mages 11 Poor people 1 Formedon Limitation 16 Uses 2 Forestallers Regradors Ingrossers Pag. 251 Fortresses Castles Fowlers Feasants 10 Frayes Assault Frank-marriage Dower 4 7 Franchises and Liberties Pag. 253 Arrests 1 Attourney 1 9 Conusance Coroners 7 Custos Rotulorum 3 5 Debt to the King 15 Escheators 29 Estreats 8 Fairs 5 Mortmain 10 Sheriffs 26 Fraud and Collusion Collusion Feoffment 1 Felony 23 Forfeiture Suit Fraudulent Conveyances Pag. 258 Freehold Pag. 260 Attaint 1 Freight Ships Frie of Fish Fish Fuest Pag. 260 Fullers Drapery Fugitives beyond Sea Forfeiture Fustians Pag. 262 G. GAmes Pag. 262 Actions popular 9 Playes 12 c. Gaol and Gaolers Executors 12 Prison Protection 5 Sheriffs