Proclamation published by the King concerning the payment of Customes for strangers to indure for certain years XXXIX Lords of the Parliament may keep six strangers born at one time XL. No stranger except Denizons shall take a Lease of any house or shop in pain to forfeit 5 l. and none shall let them such Leases upon the like pain both of them to be divided betwixt the King and the Prosecutor Amendments I. Stat. 14 E. 3.6 Stat. 1. A process which is defective by Misprision of a Clerk in one syllable or letter too much or too little shall be amended without giving advantage to the party challenging the same II. Stat. 9 H. 5.4 The Justices before whom such default shall be found in any Record or Process may amend the same as well after Judgment as before so long as such Record or Process shall continue before them III. Stat. 4 H. 6.3 The Statute of 9 H. 5.4 is made perpetual provided it shall not extend to Records or Process in Wales or whereby any person is outlawed IV. Stat. 8 H. 6.12 No Judgment or Record shall be reversed or annulled for Error assigned by reason of the rasing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Subtraction or Diminution of Words Letters Titles or parcel of Letters found in the same V. The Judges may reform all defects in any Record Process Ward Plea Warrant Writ Pannel or Return except Appeals Indictments of Treason or Felony and the Outlawries of the same and the substance of the proper names surnames and additions left out in original Writs Exigents and in other Writs of Proclamation contrary to the Statute of 1 H. 5.5 which see in Addition so that by such misprision of the Clerk no Judgment shall be reversed or annulled VI. Variance alledged between a Record and the Certificate thereof shall be amended by the Judges VII Imbezilling of a Record is felony VIII If a record process writ warrant pannel return or any parcel thereof be exemplified under the Great Seal and inrolled for any error assigned in the said Record c. in any letter word clause or matter varying or contrary to the exemplification and inrolment there shall be no judgment reversed or annulled IX Stat. 8 H. 6.15 The Justices may amend the misprisision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any record or process or the return of the same by reason of writing one letter or one syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependants of the same Amerciaments I. Magna Charta cap. 14. 9 H. 3. A free-man shall not be amercied for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his Contentment or Countenance and a Merchant saving his merchandize and any Villain except the King's shall be amercied saving his wainage and such amerciaments shall be assessed by lawful men of the Vicinage Peers also shall be amercied by Peers according to their offence Also Church-men shall be amercied according to their Lay-tenement and the quantity of their offence and not according to their Spiritual Benefice II. Marlb cap. 18. 52 H. 3. No Escheator Commissioner or Justice assigned to take Assizes or to hear or determine matters shall have power to amerce for default of common Summons but the chief Justices or the Justices in Eyre in their Circuit III. West 1. cap. 6. No City Borough Town or man shall be amercied without reasonable cause and according to the trespass viz. every Free-man saving his Free-hold a Merchant saving his merchandize a Villain saving his Gainure and that by his or their Peers Anniversary Fast I. Stat. 12 Car. 2. ca. 30. Every 30th day of January unless it falls upon the Lord's day throughout his Majestie 's dominions shall be kept and observed as an anniversary day of Fasting and Humiliation for the horrid Murther of King Charles the First committed by a party of desperately wretched and wicked men to the shame and reproach of the people of England and Protestant Religion and to implore God's mercy that the said sacred and innocent bloud nor those other sins which provoked God to deliver up the said King into the hands of wicked and unreasonable men may not hereafter be visited upon the people of England or their Posterity Annuary Thanksgiving I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgiving to be celebrated on the 29th day of May for the wonderful power and goodness of God in restauration of the King by the unanimous and cordial affection of the Lords and Commons in Parliament and people in general upon which day all persons are to resort to some Church Chappel or publick place of Thanksgiving this Act to be then read and notice to be given the next Lord's day before Apparance I. Stat. 10 H. 6.4 No Filizer Exigenter or other Officer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Council make oath that he is the same person in whose name that suit is prosecuted This Act to continue to the next Parliament II. Stat. 18 H. 6.9 The Stat. of 10 H. 6.4 is made perpetual III. No officer contained in the Statute of 10 H. 6.4 shall doe to the contrary thereof in pain to forfeit 40 s. to the King for every time that he shall be attainted thereof by due examination of any of the Justices before whom the Entry or Record is IV. Every Attorny who hath not his Warrant entred upon Record in all suits wherein process of Capias and Exigent are awardable the same Term in which the Exigent is awarded or before and is thereof attainted by like examination for every time he so offendeth shall incur the pain aforesaid Appeals I. Magna Charta cap. 34. 9 H. 3. No man shall be taken or imprisoned upon the appeal of a woman for the death of any other then her husband II. West 1. c. 14. 3 E. 1. The accessary in an appeal shall not be outlawed before the Principal be attainted Howbeit none shall intermit to commence their appeal at the next County as well against the accessary as against the principal but the Exigent against those shall remain until those be attainted by Outlawry or otherwise III. Stat. Gloc. c. 14. 9 E. 1. If the Appealor declare the deed the year the day the hour the time of the King and the town where the fact was done and with what weapon the appeal shall stand and shall not be abated for default of fresh suit so that he sue within
well by Aliens as Denizons XI Stat. 34 E. 3.18 All persons who have lands and possessions in Ireland may freely import and export their Commodities thither and from thence without Impeachment XII Stat. 1 H. 6.3 All Irish-men shall avoid the Kingdom except Graduates Beneficed men Lawyers having Inheritance in England and English parents religious persons professed Merchants Burgesses and others inhabitants of good fame and persons married in England and all they shall find surety for the good abearing XIII No Irish-man shall inhabit here in the Universities or elsewhere without a testimonial under the seal of the Lievtenant or Justices of Ireland testifying that he is of the King's obeysance to be delivered to the Chancellor here in pain to be punished as a Rebel XIV No Irish-man shall be Head or Governour of any Hall or house XV. Stat. 2 H. 6.8 Irish-men coming to live in England shall give surety for their good abearing viz. In the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other liberties to the Head-officers respectively XVI Stat. 16 17 Car. 30. An Act for a speedy contribution and loan towards the relief of the King 's distressed subjects of the Kingdom of Ireland See the Statute at large XVII Stat. 16 17 Car. 33. An act for the speedy and effectual reducing of the Rebels in Ireland to their due obedience to the King and the Crown of England and cap. 34.35 37. Certain other additional Acts were made for the same purpose and for the sale of forfeited lands there All which see at large ☞ Iron * I. Stat. 28 E. 5. Iron made in England or brought into England and sold shall not be exported in pain to forfeit the value thereof to the King II. Justices assigned have power to inquire of Labourers And other Justices to be assigned by the King shall also have power to inquire of such as sell Iron at too dear a price and to punish them according to the quantity of the trespass ☞ Judgment I. Stat. 14 E. 3. Stat. 1.5 A Prelate two Earls and two Barons shall have power by the King's Commission to hear by Petition complaints for delay of entring Judgments and to call before them the Justices and Records whereof such complaint shall be made and calling to them the Chancellor Treasurer the Justices of the one Bench or the other and others of the King's Council as many as they shall think fit shall give Judgment thereof and then the Records shall be remanded together with the Judgment which shall be immediatly entred accordingly II. In case the matter be too difficult it shall be referred to the next Parliament to be determined III. Judges and other Officers in Courts of Justice may be increased or diminished as need shall require and when they shall enter into their offices they shall make oath duly to serve the King and his people IV. Stat. 4 H. 4.23 Judgments given shall continue and the parties for whom they are so given and their heirs shall be in peace until they shall be reversed by attaint or errour if any be Judicial Proceedings I. Stat. 12 Car. 2. cap. 12. Which Judicial Proceedings during the late usurpation shall be good and effectual in law and which not ☞ Jurisdiction I. Artic. Cleri cap. 6. 9 E. 2. Albeit a case be debated and have judgment in the spiritual Court yet the King's Court may afterwards discuss the same matter as the party shall think expedient for himself II. Stat. pro Clero 25 E. 3. Stat. 3. cap. Conisance of avoidance of Benefices belongs to the Ecclesiastical Judge and not to the Temporal Juris Utrum I. West 1. cap. 24. 13 E. 1. A Writ of Juris Utrum shall be granted to trie whether free alms belong to one Church or another in case where they are transferred from one Church to another ☞ Jurors I. Marlb cap. 14. 52 H. 3. Such as have Charters of exemption not to be impannelled upon Juries shall notwithstanding their priviledge be sworn upon great Assizes Perambulations in deeds and writings of covenants where they be named for witnesses and in Attaints and when their oaths are so requisite that without them Justice cannot be administred II. West 2. cap. 38. 13 E. 1. No more Jurors shall be summoned in one Assize then 24. Also old men above the age of 70. or sick or diseased at the time of the summons or not dwelling in the Countrey shall not be put in Juries of petit Assizes neither shall any be put in Assizes or Juries that have not land worth 20 s. per annum And if the Assizes or Juries be taken out of the County their revenue shall be 40 s. per annum at least except such as be witnesses to deeds or other writings and be able to travel III. This Statute shall not extend to great Assizes where many times Knights are to be impannelled for they by reason of their scarcity may serve albeit they dwell out of the Countrey so they have land in the County for which they serve IV. No Sheriff Under-Sheriff or Bailiff shall offend against this Law in pain to answer damages to the party and to be amercied to the King V. Justices of Assize have power to hear and determine these offences VI. Stat. 21 E. 1. Stat. 1. None shall be impannelled to serve out of their proper County unless they have lands worth 5 l. per annum at least nor in the County unless they have lands worth 40 s. per annum VII This Statute shall not extend to Juries taken before Justices errant nor to Corporations but that they may do as in times past * VIII Artic. super Cart. cap. 9. 28 E. 1. None shall be impannelled but as is ordained by Statute and they shall be next neighbours most sufficient and least suspitious in pain that the Officer who doth otherwise shall answer double damages to the party grieved and be grievously amercied to the King IX Stat. 5 E. 3.10 If a Juror take a bribe of either party and be thereof attainted he shall serve no more of any Jury be imprisoned and ransomed at the King's will and the Justices before whom he serves shall have power to hear and determine this offence according to this Statute X. Stat. 25 E. 3. Stat. 5. cap. 3. No Indictor shall be put upon the Inquest for the deliverance of the Indictee of felony or trespass if he be challenged by the Indictee for that cause XI Stat. 34 E. 3.4 Sheriffs and others shall array their pannels of the next people not suspected nor procured in pain to be punished by the Justices that take such Inquests both to the King and the party grieved according to the quantity of the trespass and damage XII Stat. 34 E. 3.8 If any of the Jurors be accused by either of the parties for taking a bribe to give his verdict the Justices may presently trie it by a Jury then also to be taken
heir at full age the reversioner or remainder in possession the feme discovert or the spiritual person in succession from having the Writ of Advouson possessory viz. Quare impedit or an Assise o Darreine presentment as their ancestor or Predecessor might have had if the Usurpation had happened in their time whereas before this Act they were in such cases put to their Writ of right of Advouson II. Howbeit this Act shall not extend to annull judgments already given but they shall be reversed by Error or Attaint III. One and the same form of pleading shall be used in Darreine presentment and Quare imped t viz. if the Defendant alledgeth plenarty of his own presentation the plea shall not stay by reason of the plenarty so as the Writ be purchased within the six moneths albeit he cannot recover within that time IV. Where partition is made upon record or by fine to present by turn the Copercener that is disturbed shall not be put to a Quare impedit but may have remedy upon the Roll or fine by Scire facias V. When six moneths pass hanging a Quare impedit or Darrein presentment so that the Bishop presents by Lapse the Patron shall recover dammages to two years value of the Church otherwise dammages onely to half a years value VI. The disturber not being able to render dammages shall in the first case have imprisonment of two years and in the other of half a year VII Writs also shall hereafter be granted for Chappels Prebends Vicarages Hospitals Abbeys Priories and other Houses which be of the Advousons of other men VIII When the Parson of a Church is disturbed to demand Tithes in the next Parish by Indicavit the Patron shall have a Writ to demand the Advouson of those Tithes and when it is deraigned then shall the Plea pass in the Court Christian IX Amongst Coperceners if one present twice together yet shall not the other be barred but have his or her turn when it falleth X. Prero Reg. cap. 8. 17 E. 2. Lapse of six moneths shall not prejudice the King's Presentation to a Church XI Stat. de Clero cap. 3. 23 E. 5. When the King collates to the Church in anothers right his Title shall be well examined and the Patron grieved shall have as many Writs thereupon as shall be needful XII Stat. de Clero cap. 7. 23 E. 3. When the Ordinary presents by Lapse and the King takes the suit against the Patron who in deceit suffers the King to recover in this case when the King 's right is not tried the Ordinary or Incumbent may counterplead the King's Title Age. I. West 1. cap. 46. 3 E. 1. If a Writ of Novel disseisin be purchased and the Disseisor die before the Assise be passed the Plaintiff shall have a Writ of Entry sur disseisin against his heir The like Writ shall the heir of the disseisee have in case he die c. II. And here Nonage of the heir of the disseisor or disseisee shall not prejudice in Assise III. If the inquest pass against the heir of the disseisee he shall have an Attaint gratis IV. Stat. of Glocester Cap. 2. 6 E. 1. where an Infant is held from his inheritance whereby he is driven to his Writ the Inquest shall pass notwithstanding his Nonage V. An Exposition of the Statute of Glocester Cap. 2. 6 E. 1. Touching an Inquest to be made for an Infant that Statute shall run without limitation of time VI. Stat. West 2. cap. 40. 13 E. 1. The suit of a woman or her heir after the death of her husband shall not be delayed by the Minority of the heir who ought to warrant the Land Aid of the King I. Stat. de Bigamis Cap. 1. 4 E. 1. Where a feoffment with a Charter thereupon being made by the King hath so much in it that another person by a like feoffment and like Deed should be bound to warranty the heir shall have Aid and the Justices shall not proceed without the King's Commandment II. Ibidem Cap. 2. But where the King onely confirmeth or ratifieth anothers Act in another mans thing or granteth any thing to a man as much as in him is or where a Deed is shewed whereby the King hath rendered any Tenement and no clause of warranty is contained therein In these and like cases the same being shewed to the King the Justices may proceed and the Tenant shall not have aid III. Ibidem Cap. 3. In Dower the King 's Grantee of a Ward shall not have Aid but the Justices may proceed according to right IV. Stat. 14 E. 3.14 Stat. 1. Upon demand of Lands in the King's hands after four Writs of search directed to the Treasurer and Chamberlains of the Exchequer for finding the King's Minuments he that defends the lands for the King shall be put to answer so that the said Writs were delivered 40 daies before their return and then Justice shall not be delayed albeit the contrary be commanded under the Great or Privie Seal * Alehouses Drunkenness I. Stat. 5 and 6 E. 6.25 None shall keep Alehouse without Licence granted either in Sess or by two Justices 1 Quo. in pain of three daies imprisonment without bail and not to be enlarged without Recognisance by himself and two sureties that he shall not keep Alehouse any longer the Certificate of which Recognisance and offence shall be a sufficient conviction at the Qu. Seff to fine him 20 sh ☞ II. The Qu. Seff or two such Justices have power to put down Alehouses at their discretion and to take Bond and surety of Alehouse-keepers by recognisance that they shall not use unlawful Games or other disorder in their houses for which Recognisance the parties bound shall pay 12 pence and whereof Certificate shall be made at the next Qu. Seff by the two Justices that take it in pain of 5 Marks III. Justices of Peace have power to inquire after the breach of this last Recognisance to award process thereupon and to hear and determine the same at their discretions IV. This Act shall not restrain the selling of Ale and Beer in Towns where Fairs are kept during the time of the Fair. V. Stat. 1 Jac. 9. No Inn-keeper Victualler or Alehouse-keeper shall suffer any Town-dwellers to sit tippling in his house in pain of ten shillings nor sell less then a full Ale-quart of the best Ale or Beer or two quarts of the small for one peny in pain of 20 shillings And here the view of one Justice or proof by two witnesses upon oath before one Justice is sufficient conviction VI. The penalties aforesaid are given to the poor of the Parish where the offence is committed and are to be levied by the Constable and Church-wardens by distress which after six days may be sold to satisfie the penalty and in default of distress the party delinquent must suffer imprisonment till he pay the penalty VII Here every Officer that neglects to levy the said penalties
Candelmas And the Amerciaments shall be levied by summons of the Exchequer to the King's use VI. Exposition of Glocester 6 E. 1. where any have entred by a Disseisor the damages shall run from the time of the Statute published VII In Writs of Entrie sur disseisin Mortdancester Cosinage Byel and Besayel and touching intrusion or of ones own act by any manner of Writ the damages shall run after the Writ purchased against them that held since the Statute albeit their Ancestors died seised thereof VIII Stat. 3 H. 7.10 Where any person bound by a judgement shall sue before execution had a Writ of Error to reverse it if the judgment be affirmed the Writ discontinued or the party that sueth it be nonsuit the party against whom the Writ is brought shall recover his costs and damages at the discretion of the Justices before whom the said Writ is sued IX Stat. 19 H. 7.20 The Statute of 3 H. 7.10 is confirmed and shall be duly put in execution X. Stat. 23 H. 8.15 If the Plaintiff be nonsuit or overthrown by lawfull triall in any action Bill or Plaint for trespass upon the Statute of 5 R. 2.7 which see in forcible Entrie 1. or for any debt or covenant upon specialty or contract or for detinue account upon the case or upon any Statute the Defendant shall in such case have his costs to be assessed by the Judge or Judges of the Court and to be recovered as the Plaintiff might have recovered his in case Judgment had been given for him XI Here he that sues in forma pauperis shall not pay costs but suffer such punishment as the Justices or Judge of the Court shall think sit XII Stat. 24 H. 8.8 There shall be no costs awarded to the Defendant when any action is sued to the King's use XIII Stat. 43 El. 6. In personal actions in the Courts at Westmin being not for land or battery when it shall appear to the Judges and so by them signified that the debt or damages to be recovered amount not to the summe of 40 s. or above the said Judges shall award to the Plaintiff no more costs then damages but less at their descretion XIV Stat. 4 Ja. 3. If the Demandant or Plaintiff be nonsuit or overthrown by lawful trial in any action whatsoever the tenant or Defendant shall have costs to be assessed and levied as costs are to be assessed and levied by the Stat. of 23 H. 8.15 XV. Stat. 21 Ja. 16 In Actions of Slander if the Jury find or assess the damages under 40 s. the Plaintiff shall recover no more costs then damages Darrein Presentment I. Magna Charta 13. 9 H. 3. Assizes of Darrein Presentment shall be taken before the Justices of the Bench and there shall be determined Debt I. West 2. 13 E. 1. None shall restrain a forreigner in any City Burrough Town Market or Fair for any debt wherefore he is not debtor or pledge in pain to be grievously punished and if he be the distress shall be re-delivered without delay by the Bailiff of the place or the King's Bailiff if need be II. Stat. 1 R. 2.12 No Warden of the Fleet shall suffer any prisoner being in by judgment to go at large by mainprize Bail or Baston without agreeing with the party for the thing adjudged unless it be by Writ or other command of the King in pain to lose his Office III. The Warden being attainted thereof by due process the Plaintiff shall have their recovery against him by Bill of Debt IV. If any person being judged to another prison shall with purpose to be removed to the Fleet and their to have more liberty confess himself Debtor to the King the said Recognizance shall be received and if he be not Debtor to the King upon record he shall be remanded and their remain untill he hath agreed with the party and afterwards shall be sent to the Fleet and there remain untill the King be satisfied the Cognizance V. Stat. 2 R. 2. Parl. 2.3 Where a Debtor makes a fraudulent conveyance to defraud the Creditor if upon the Capias for the debt the Sheriff return he hath not taken him because of some priviledged place where he lies the Sheriff shall have another Writ to make proclamation once a week five weeks together at the gate of the priviledged place that the party appear at the day comprized in the last Writ and then upon return of the said last Writ that proclaimation is made accordingly if the party appear neither by himself nor his Attorney judgment shall be given against him upon the principal for his default and also the Collusion being proved Execution had of all his goods and lands without the place priviledged as well those demised as others VI. Stat. 3 Jac. 15. Every Citizen and Freeman of London and every other person there inhabiting being a Tradesman Victualler or Labourer which hath any debt due to him not amounting to 40 s. by any such person as aforesaid may cause the debtor to be summoned to the Court of Requests at Guildhall upon a writing to be left at the debtors house by an officer of the same Court or by some other reasonable warning to appear before the Commissioners there who or any three of them shall have power to make orders therein to be registred in a Book and duly observed by both parties VII The Commissioners also or any three or more of them have power to administer oaths both to the parties and witnesses VIII If any such person as aforesaid for any such debt commence any suit elsewhere against any other like person and that it appear to the Judge upon the Defendants own oath or other sufficient testimony that he is a Freeman or inhabitant of London as aforesaid and also that the damages sued for amount not to 40 s. the said Judge shall not allow to the Plaintiff any costs of suit at all but shall award to the Defendant his reasonable costs IX None shall refuse to appear upon due summons or to obey the Commissioners orders in pain to be imprisoned in one of the Counters of the said Officer or any other of the Serjeants at Mace of the City there to maintain untill their orders be performed X. This Act shall not extend to any debt for rent real contracts or concerning Testaments Matrimony or any thing belonging to the Ecclesiastical Court XI Stat. 7 Ja. 12. None keeping a Shop-book his Executors or Administrators shall be allowed to give it in evidence for wares or work above one year before the Action brought unless they having obtained a Bond or Bill for the debt or brought an Action thereupon within one year before the wares delivered or work done XII This Act shall not hold place between Merchant and Merchant Tradesmen and Tradesmen or Merchant and Tradesman for any thing falling within the compass of their mutual Trades and Merchandize Debt to the King I. Magna Charta 8. 9 H. 3. The
to the true intent of this Act shall be void Decies tantum * I. Stat. 38 E. 3.12 If a Juror take any thing of either party to give his verdict and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8 which see in Jurors he shall pay ten times so much as he hath taken to be divided betwixt the King and the prosecutor And all imbraceors that procure such Inquest shall incurre the like punishment II. If the Juror or Embraceor have not whereof to make gree he shall suffer a years imprisonment III. But no Justice or other Officer shall inquire of this offence ex officio Declaration I. Stat. 36 E. 3.15 By the ancient terms and forms of pleaders no man shall be prejudiced so that the matter of the action be fully shewed in the Declaration and in the writ Deeds and Writngs I. Stat. 1 M. Parl. 1 Sess 2. cap. 4. All Statutes Recognizances and writings made by or to any person since the sixth of July last and before August under the name of any other then the Queen shall be good II. This Act shall not extend to make good any letters patents commissons grants or other writings made by the Lady Jane Dudley since the said sixt of July last Demurrers I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges shall proceed and give judgment according to the right of the cause and matter in law without regard to any defect in the proceeding except such onely as the party shall express together with his demurrer after which time no judgment shall be reversed by writ of Errour for any other defect then such as he shall there mention And if there happen to be any other the Judges may amend them II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment Presentment or penal Statute Dilapidations I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings whereof they are seized in right of their Place or Function suffer them to fall into decay for want of repair and make fraudulent gifts of their personal estate with purpose to hinder their successors from recovering dilapidations against their executors or Administrators in such case the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate as he might have had against the executor or administrator of the predecessor II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings for which they were paid in pain to forfeit to the Queen c. double so much as shall not be so imployed ☞ Deceit * I. West 1.29 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party and thereof be attainted he shall suffer a year and a days imprisonment at least and if he be a pleader he shall be also expelled the Court and if they shall deserve greater punishment it shall be at the King's pleasure II. Officers Criers of Fee and Marshals of Justices in Eyre shall not take money otherwise then they ought to do in pain to pay the treble thereof to the complainants III. Stat. 2 E. 3.17 A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land as in case of summons in Plea of land Discontinuance of right or estate I. Stat. 11 H. 7.20 If a woman that hath an estate in Dower for life or in tail joyntly with her husband or onely to her self or to her use in any lands c. of the Inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seized to the use of the husband or his ancestors do sole or with an after taken husband discontinue or suffer a recovery by coven it shall be void and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery II. Provided that the woman may enter after the husbands death but if the woman were sole the recovery or discontinuance barreth her for ever III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Discontinuance of process I. Stat. 11 H. 6.6 No suit before Justices of Peace shall be discontinued by a new Commission of Peace II. Stat. 1 E. 6.7 The death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the original and judicial process in respect of the King's name be material as concerning any default to be alledged therefore III. Assizes of Novel disseisin Mortdancester Juris utrum or Attaints shall not be discontinued by reason of death new Commissions Associations or the not coming of the same Justices or any of them IV. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one Bench or the other or Serjeant at Law shall not make the suit abatable V. Preferment of a Justice of Assize Goal-delivery or Peace or of any other Commissioner to the dignities aforesaid or to be Sheriff shall not lessen his power But note that to be Sheriff is altered by 1 M. Parl. 1.8 which see in Sheriffs VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony though he were reprieved by other Justices VII No process or suit before Justices of Assize Goal-delivery Oyer and Terminer or Peace or other of the King's Commissioners shall be discontinued by a new Commisson or by the alterations of any of their names ☞ Dispensations I. Stat. 28 H. 6.16 All Bulls Breves Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void and shall not be used in pain of a Praemunire II. Former lawfull marriages are confirmed III. A confirmation of all Arch-bishops and Bishops and their authority and of other Ecclesiastical persons and orders by authority of this Act and not by any forreign power IV. The effect and contents of all Bulls Breves and other faculties purchased of the See of Rome which are allowable shall be confirmed under the great Seal Distresses I. Stat. de districtione Scaccarii 51 H. 3. The owner of impounded cattel may give them food without disturbance II. A distress taken for the Kings debt shall not be sold within fifteen days and upon shewing of a tallie and giving surety for his appearance in the Exchequer upon the next accompt the distress shall cease the Sheriff shall also attach the party that received the debt to be there also at the same time III. Neither draught nor cattel nor sheep shall be distrained except for damage feasant so long as other goods may be
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
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
6.16 ibid. Gigmill not to be used 5 6 E. 6.22 Page 264 Gold an Goldsmith none shall make any vessels or other thing of worse silver then money Art super Cart. c. 20. 28 E. 1. 27 E. 3.14 7 E. 3.37 5 H. 4.13 2 H. 6.14 nor alloy it 4 H. 7.2 18 El. 15. 14 Car. 2. c. 3. Page 264 ad 268 No mettal but silver shall be guilded 2 H. 5. Stat. 2. c. 4. 8 H. 5.3 Page 266 Grant Exemplification thereof as good and effectuall as the the Grant it self 3 4 E. 6.4 13 El. 6. Page 268 Gunpowder and Salt-peter may be brought in from foreign parts 16 17 Car. 21. Page 268 Gavelet a Writ of Gavelet what and of what use Stat. de Gavelet 10 E. 2. Page 337 Games none may keep houses of unlawful gaming and the penalty of those that do 33 H. 8.9 2 3 P. M. 9. 16 Car. 2. cap. 5. Page 425 ad 428 H. HIdes when they must be tanned by whom and with what 1 M. Parl. 2.8 1 Jac. 22. p. 88 89 They must not be gashed or sold when putrified 1 Jac. 22. Page 89 Hawk no hawk of English breed may be born 11 H. 7.17 Page 225 The penalty of driving Hawks from their Coverts or concealing any Hawks 34 Ed. 3.22 37 Ed. 3.19 Page 272 Hare Deer c. may not be bought to sell again the penalty thereof 1 Jac. 27. Page 226 227 Herrings when they may be bought and sold and the prices 31 E. 3. Stat. 2.1 2 3. Page 237 238 Hemp and Flax where it may be watered and where not 33 H. 8.15 Page 242 Hats who may make them and of what and who sell them 8 El. 11. 1 Jac. 17. Page 268 269 Hexamshire where 14 El. 13. Page 272 High-wayes made altered repaired and the penalties for neglect thereof 14 15 H. 8.6 26 H. 8.7 37 H. 8.3 1 M. Parl. 2. cap. 5. 2 3 P. M. 8. 5 El. 13. 18 El. 10. 39 Eliz. 19.13 14 Car. 2. cap. 2. Stat. 2. 14 Car. 2. cap. 6.15 Car. 2. cap. 1. St. 3.16 17 Car. 2. Page 272 ad 280 Homage and fealty the manner thereof 17 E. 2. Page 281 Hampton-Court made an Honor 31 H. 8.5 Ampthill 33 H. 8.37 and Grafton 33 H. 8.38 Page 281 282 Hops who may bring them in and how mixed 1 Jac. 18. Page 282 Horns who may buy and sell them and who may search and try the commodity 4 E. 4. 7 Jac. 14. ibid. Horses may not be taken without the owners consent 20 R. 2.5 nor transported by any 11 H. 7.13 1 E. 6.5 Page 283 284 Hospitals by whom they may be founded and reformed 2 H. 5. St. 1. c. 1. 2 H. 6.2 13 El. 17. 14 18 27 El. not printed 39 El. 5. Page 285 ad 288 Hunting who may hunt and what 13 R. 2.13 19 H. 7.11 3 Jac. 13. 13 Car. 2. cap. 10. Page 289 290 I. JUstices of the Peace their power to punish lewd women and Bastardy 7 Jac. 4. 3 Car. 4. Page 43 Jesuits and Seminary Priests what is in them felony or treason and the punishment thereof 27 El. 2. 35 El. 2. Page 116 ad 119 Judgment Plea of false Judgment who may hold and by whom triable Marlb 20. 52 H. 3. 1 E. 3.4 Page 221 Indictments c. must all run in the Kings name 27 H. 8.24 Page 255 By whom to be found and how and where good West 2. c. 13. 13 E. 1. 1 E. 3. Stat. 2. c. 17. 25 E. 3. St. 5.14 11 H. 4.9 3 H. 7.1 37 H. 8.8 Page 293 294 Inclose who may inclose their Land and better it by Seas 4 Jac. 11. 7 Jac. 18. Page 291 Identitate nominis what and wherein available and by what maintainable 37 E. 3.2 9 H. 6.4 ibid. Judgment where it may be stayed or reversed and where not 18 El. 14. 21 Jac. 13. 14 E. 3. Stat. 1.5 4 H. 4.23 Page 291 292 299 Isle of Wight none there to take above one Farm 4 H. 7.15 Page 292 Incontinency of Priests by whom punishable 1 H. 7.4 Page 293 Incumbent who and his remedy if unlawfully turned out of his Benefice 13 R. 21. 4 H. 4.22 Page 293 Indicavit where it lies and for whom 34 E. 1. ibid. Infections no dung c. to be cast in or near the City c. 12 R. 2.13 Page 294 Informer how he must sue and what he must do in it 18 El. 5. 29 El. 5. in fine 31 El. 10. Page 295 Inrollment the force and value thereof when to be done and before whom 6 R. 2.4 27 H. 8.16 34 35 H. 8.22 5 El. 26. Page 296 Intrusion what the inconvenience thereof and how punishable Prerog Reg. c. 13. 17 E. 2. 21 Jac. 14. Page 296 297 Ipswich to be paved 13 El. 21. Page 297 Ireland all merchandize may be carried thither 34 E. 3.17 18. Irish-men may not live in England 1 H. 6.3 2 H. 6.8 16 17 Car. 30 33. Page 299 Iron not to be exported or sold too dear 28 E. 3.5 ibid. Judiciall Proceedings confirmed 12 Car. 2. c. 12. ibid. Jurisdiction to whom belonging and in what Artic. Cler. c. 6. 9 E. 2. Stat. pro Cler. 25 E. 3. Page 300 Juris Utrum what and where it lies West 1. c. 24. 13 E. 1. 14 E. 3. Stat. 1.17 ibid. Jurors who shall be how summoned their duty Marlb c. 14. West 2. c. 38. 21 E. 1.1 Art sup Cart. c. 9. 5 E. 3.10 34 E. 3.4 8. 8 E. 4.3 1 R. 3.4 23 H. 8.13 35 H. 8.6 27 El. 6. 16 17 Car. 2.3 Page 300 ad 306 Justices their oath and duty 18 E. 3. Stat. 3 1. 20 E. 3.1.2 3. 1 Jac. 10. Page 307 Justices in Eyre their power office and duty Marlb 24. 52 H. 3. West 1. c. 18. 3 E. 1. West 2.10 13 E. 1. Page 307 308 Justices of Assize who may be how many where to keep their Sessions their power in it Just Assisar incerti temporis 20 E. 3.6 6 R. 2.2.5 8.2.2 20.2.3 11 H. 4.3 14 H. 6.3 33 H. 8.24 Page 308 309 Justices of both Beâ—cheâ— their office and fees West c. 45. 10 H. 6. Statutum per se not printed Page 309 Justices of Gaol-delivery their power and when they must deliver the Gaols Stat. de finibus levatis c. 3. 27 E. 1. 2 E. 3.2 4 E. 3.2 17 R. 2.10 Page 310 Justices of Peace who may be their power and duty when to keep Sessions c. 1 E. 3. Stat. 2.16 34 E. 3. St. 1. c 2. 34 E. 3.1 36 E. 3.12 c. Page 310 ad 313 K. KIng not prejudiced by lapse of time or otherwise Prerog Reg. c. 8. 17 E. 2. Stat. de Clero c. 3. 7. 2 E. 3. Page 9 Ayd of the King where to be had and where not Stat. de Bigamis cap. 1 2. 4 E. 1. 14 E. 3.14 Stat. de Big c. 3. Page 10 11 Butler of the King what he may take and by whose order 25 E. 3.21 43 E.
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
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
shall receive and allow the same also all deeds and obligations made to the King's use which concern the said lands may be there inrolled without fee. XXXVI Provided that the King's Officers may keep Court within the Verge and his Clerk of the Market and none other execute his office there notwithstanding any grant c. Neither shall this act be prejudicial to the City of London XXXVII The lands of the late Monastery of Furnes and of the late Monasteries and Priories of Cartmele Coningshed Barstrough and Holland and the Liberties and Franchises belonging thereunto shall be in the Government of the Officers of the Dutchy of Lancaster and the Officers of those liberties shall be liable to accompt as other Officers of the Dutchy have used to be they shall also be attendant on the King's Courts and the Sheriff and other officers are prohibited to intromit into those Liberties XXXVIII This act shall not annul or diminish any of the liberties belonging to the said Dutchy or to the five Forts or the members thereof XXXIX The Petition of Right 3 Car. None shall be compelled to make or yield any gift loan benevolence tax or such like charge without consent by Act of Parliament nor upon refusal so to do shall be called to make answer take any oath not warranted by Law give attendance or be confined or otherwise molested concerning the same or for refusall thereof Neither shall any Free-man be imprisoned or detained without cause shewed XL. The subject shall not be burthened by the quarter of Souldiers or Marriners and all Commissions for proceeding by Martial Law shall be annulled neither shall any of like nature be issued out hereafter lest the subject by colour thereof be destroyed or put to death contrary to the Laws and Franchise of the Land XLI What hath been done to the prejudice of the Subject in any of the premisses shall not hereafter be drawn into consequence of example and the King declares his pleasure to be that in the things aforesaid all his Officers and Ministers shall serve him according to the Laws and Statutes of the Realm ☞ Fraudulent Conveyances I. Stat. 50 E. 3.6 Fraudulent assurances of lands or goods to deceive Creditors shall be void and the Creditors shall have execution thereof as if no such gift had been made * II. Stat. 13 El. 5. All fraudulent Conveyances of lands tenements hereditaments goods or chattels and all such bonds suits judgments and executions made to avoid the debt or duty of others shall as against the party onely whose debt or duty is so endeavoured to be avoided their heirs successors executors or assigns be utterly void any pretence feigned Consideration or c. notwithstanding III. Every of the parties to such a fraudulent conveyance bond suit judgment or execution who being privy thereunto shall wittingly justifie the same to be done bonâ fide and upon good consideration or shall alien and assign any lands lease or goods so to them conveyed as aforesaid shall forfeit one years value of the lands lease rent common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous bond and being thereof convicted shall suffer half a years imprisonment without bail And here the said forfeitures are to be divided betwixt the Queen and the party grieved IV. Common Recoveries against the tenants of the free-hold shall be good notwithstanding this Act. And so shall all estates made for the procuring of a Voucher in Formedon Neither shall this Act extend to grants made bonâ fide and upon good consideration to persons not privy to such Collusion V. Stat. 27 El. 4. Every conveyance grant charge incumbrance and limitation of use or uses of in or out of any lands or other hereditaments made to defraud any purchaser of the same in fee for tail for life or years shall as against such purchaser onely and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration VI. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bonâ fide and on good consideration to the disturbance or hinderance of the purchaser or of any other lawfully claiming from by or under him shall forfeit one years value of the lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail VII Conveyances made upon good consideration and bonâ fide shall be good notwithstanding this Act. VIII If lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the vendee and all others lawfully claiming from by or under him Howbeit no lawful mortgage made bonâ fide without fraud shall be impeached by this Act. IX All Statutes Merchant and of the Staple shall within six moneths after their acknowledgment be entred in the office of the Clerk of Recognizances taken according to the Stat. of 23 H. 8.6 and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more X. Every such Statute which is not within four moneths after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the lands chargeable therewith and against his heirs successors executors and assigns XI The said Clerk shall within the said six moneths make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be divided betwixt the Queen and the Prosecutor XII The Clerk shall take for the search of a Statute but 2 d. for every years search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by action of debt c. XIII Provided that this Act shall not extend to make good any purchase made void by reason of any former conveyance so as the party so making void the same his heirs or assignes were the first day of this Parliament in actual possession of the lands out of which any such Purchase Lease Charge or Profit was made Free-hold I. Marlb Cap. 22. 52 H. 3. None shall distrain his free-holders to answer for their Free-holds or for any thing touching the same without the King 's Writ nor cause his Free-holders to swear against their wills for none may do that without the King's commandment II. Stat. 15 R.
an hundred of salt fish 4 d. and for a last of Sprats 8 d. And of one not priviledged for a last of hering 2 s. 4 d. for an hundred of salt fish 4 d. and for a last of Sprats 8 d. as they did before Hundreds I. Artic. super Chartas 14 28 E. 1. Bailiwicks and Hundreds shall not be let to farm at over great summs whereby the people may be over-charged by making Contributions to such Farms ☞ Hunters and Hunting * ☞ I. Stat. 13 R. 2.13 No lay-man who hath not lands of 40 s. per annum nor Clerk who hath not 10 l. revenue per annum shall have or keep any Grey-hound Hound Dog Feret Net or Engine to destroy Deer Hares Conies or any other Gentleman's game in pain of one whole years imprisonment which Justices of Peace shall have power to inflict II. Stat. 19 H. 7.11 None shall keep any Deer-hays or Buck-stalls save in his own Forest or Park in pain to forfeit for every moneth they are so kept 40 s. neither shall any stalk with any bush or beast to any Deer except in his own Forest or Park in pain of 10 l. III. None shall take an old Heron without his own ground in pain of 6 s. 8 d. nor a young Heron in pain of 10 s. for which forfeitures every man that will may sue by Action of debt or otherwise ☞ IV. Any two Justices of Peace in Sessions may examine the Offendors aforesaid and commit them to prison till they have satisfied the said forfeitures whereof the said Justices are to have the tenth part ☞ * V. Stat. 14 15 H. 8.10 None shall trace destroy or kill any Hare in the snow And Justices of Peace in Sessions and Stewards in Leets have power to inquire of such Offenders and shall assess upon every such Offender 6 s. 8 d. which penalty assessed in Sessions shall go to the King but in a Leet to the Lord thereof * VI. Stat. 3 Jac. 13. None shall without the owners licence kill or chase any Deer or Conies in any Parks or inclosed grounds in pain to suffer three moneths imprisonment to pay treble dammages to the party grieved to be assessed by the Justices before whom he shall be convict after the said 3 moneths expired and to be bound with 2 good sureties to the good behavior for 7 years after or to reman still in prison till he find such sureties but here the party grieved being satisfied hath liberty to release the behavior ☞ VII Justices of Oyer and Terminer Assize and Peace in Sessions have power to hear and determine these offences and Justices of Peace in Sessions upon confession and satisfaction to the party grieved have power to release the behavior VIII If any person not having 40 l. per annum in lands or 200 l. in goods or some inclosed ground used for Deer or Conies worth 40 s. per annum at least shall use any gun bow or cross-bow to kill any Deer or Conies or shall keep any buck-stall feret dog net or other engine it shall be lawful for any person having lands worth 100 l. per annum to take such gun c. from any such person and to convert the same to his own use IX This Act shall not extend to any Park or inclosed ground hereafter to be made or used for Deer or Conies without the King's license X. Stat. 7 Jac. 13. It shall be in the election of the party grieved whether he will take for satisfaction 10 l. in money or treble dammages as by the Statute of 3 Jac. 13. is limitted * XI Stat. 13 Car. 2. ca. 10. None shall unlawfully course kill hunt or carry away any Deer in any Forest Chace Purlieu Wood Park or other ground where Deer have been usually kept within England and Wales without the consent of the owners or party chiesly trusted with the custody thereof or be aiding or assisting therein upon pain being convicted by confession or one witness before any Justice of the Peace within 6 moneths after the offence of 20 l. to be levied by distress by warrant of the said Justices one moiety to the informer the other to the owner of the Deer and for want of distress to be committed for 6 moneths to the house of Correction or common Gaol for one year and not discharged till sufficient sureties be given for their good behavior XII Provided that upon punishment by this Statute the penalty of no other law be incurred ☞ Husbandry I. Stat. 4 Jac. 11. The Owners and Farmers of lands in Marden Bodenham Wellington Sutton S. Michael Sutton S. Nicholas Murton upon Lugge and Pipe in the County of Herreford may inclose some part thereof with divers other provisions for the better improvement of those places For which see the Statute at large II. Stat. 7 Jac. 18. All persons within Devon and Cornwal may fetch sea-sand for the bettering of their land III. Boat-men may fetch sea-sand and cast it out of their boats where it hath been used to be landed and carry the same thorow usual wayes See the Statute IV. Stat. 15 Car. 2. ca. 5. Vid. Trade Identitate nominis I. Stat. 37 E. 3.2 IF the Lands Goods or Chattels of any person outlawed for want of a good declaration of his Sirname shall happen to be seized by any of the King's Officers he may have a writ of Identitate nominis to discharge them as hath been used in times past And in such case the Officer shall take security without fee of the party to answer to the King the value of the thing so seized if he cannot discharge them and if the Officer be attainted of doing otherwise he shall pay double dammages to the party grieved and be also grievously punished to the King II. Stat. 9. H. 6.4 A writ of Identitate nominis shall be maintainable by executors as well as by the testator himself if he were living Jeofaile I. Stat. 32 H. 8. cap. 30. After an issue tried there shall be judgment given netwithstanding any Jeofaile or mispleading II. Stat. 18 El. 14. After Verdict given in any Court of Record there shall be no stay of judgment or reversing thereof for want of form in any writ original or judicial Count Declaration Plaints Bill Suit or Demand or for want of any writ original or judicial or by reason of any imperfect or insufficient return of the Sheriff or other Officer or for want of any warrant of Attorney or for any default in progress upon or after Ayd prayer or Voucher III. This Act shall not extend to any writ declaration or suit of appeal of felony or murther or to any Indictment or presentment of felony murther treason or other matter or to any process upon any of them or to any writ bill action or information upon any penal Statute IV. Provided that all Attorneys in any suit in a Court of Record shall deliver in the Warrant of Attorney in such suit to be entred
or filed of Record as by the Law and Statutes of this Realm they ought to do in pain to forfeit 10 l. to be divided betwixt the Queen and the Officers where the warrant should have been so filed and to suffer imprisonment by the discretion of the Justices of the Court where the default is made V. Stat. 21 Jac. 13. After Verdict given in any Court of Record the Judgment thereupon shall not be stayed or reversed for any variance in form onely between the original writ or bill and the declaration plaint or demand or for lack of an averment of the parties life or lives so as it be proved he or they be in life or for that the Venire facias Habeas corpus or distringas was awarded to a wrong Officer upon any insufficient suggestion or that the visne was in some part misawarded or sued out of more or fewer places than it ought to be so as some one place be right named or for mis-naming any of the Jurors either in the sir-name or Addition in any of the Writs or returns thereof so as constat de persona or for want of a return of any of the said writs so as a pannel be returned and annexed thereunto or for that the Officer's name is not set to the return so as as it appear by proof that the writ was returned by him or by reason that the Plaintiff in any Ejectione firmae or in any personal action being under age did appear by Attorney and the verdict pass for him VI. This Act shall not extend to any Writ Declaration or Suit of appeal of felony murther nor to any indictment or presentment of felony murther or treason nor to any process upon any of them nor to any Writ Bill Action or Information upon any penal Statute Isle of Wight I. Stat. 4 H. 7.16 None shall take more Farms then one in the Isle of Wight which one shall not exceed ten marks in yearly value in pain of 10 l. II. If any have several Farms above that value he shall keep one or more of them at his Election so as what he so keeps exceed not that value III. Such as have been at charge with their Farms in fines or repairs shall be indemnified Incontinency of Priests * I. Stat. 1 H. 7.4 The Ordinary shall punish Priests Clerks and Religious men for incontinency by imprisonment according to the quantity and quallity of their trespass Incumbent I. Stat. 13 R. 2.1 The Statute de clero 25 E. 3.3 touching the examination of the King's title to a Benefice when he presenteth in another's right is confirmed which see in Advowson II. When the King presenteth to a Benefice full of an Incumbent his presentee shall not be received by the Ordinary until the King hath recovered his presentment by Law III. If the King's presentee be received and the Incumbent put out without process the Incumbent shall begin his suit within a year after the Induction of the said presentee IV. Stat. 4 H. 4.22 Where an Incumbent is put out without due process he shall be at large to sue for his remedy by the Statute of 13 R. 2.1 at what time he pleaseth within or after the year Indicavit I. Stat. 34 E. 1. No writ of Indicavit shall be granted before the suit hanging in the spiritual Court between the parties be recorded and that the Lord Chancellor be certified thereof by the fight of the Libel ☞ Indictments I. West 2 Cap. 13. 13 E. 1. Sheriffs Bailiffs of Franchises and others that take Inquests of Malefactors shall do it by at lest 12 lawful men who shall put their seals to such inquisitions and the said Officers shall imprison such malefactors II. If they imprison any without such Inquests the party grieved shall maintain an action of false imprisonment against them III. Stat. 1 E. 3. Stat. 2. cap. 17. Sheriffs Bailiffs of Franchises and others who take Indictments shall do it by Roll Indented whereof one part shall remain with the Indictors and the other with him that takes them so as one of the Inquest may have one part thereof to shew to the Justices when they come to make deliverance IV. Stat. 25 E. 3. Stat. 5.14 After one is indicted for Felony before the Justices of Oyer and Terminer the Sheriff shall be commanded to attach his body by a Capias and if the Sheriff return a Non est inventus another Capias shall issue out returnable in three weeks whereby the Sheriff shall have power to seize his chattels and to keep them until the said return and then also if the Sheriff return a Non est inventus an exigent shall be awarded and the chattels shall be forfeit but if he yield himself or be taken by the Sheriff or other Officer before the return of the second capias his goods and chattels shall be saved V. Stat. 11 H. 4.9 No Indictments shall be made but by Inquest of lawful men returned by Sheriffs Bailiffs of Franchises or other Officers who ought to do it without having them nominated by other persons to the said Officers and all Indictments otherwise found shall be void VI. Stat. 3 H. 7.1 pars inde Justices of Peace may take by discretion an inquest whereof every man shall have lands of the yearly value of 40 s. to inquire the concealments of a former Enquest taken before them or others of matters inquirable or presentable before them and whereof complaint shall be made by Bill VII Stat. 37 H. 8.8 pars inde These words Vi armis viz. cum baculis cultellis arcubus sagittis or the like shall not of necessity be put into any inquisition or indictment but they shall be adjudged good notwithstanding those words are therein omitted ☞ Infections * I. Stat. 12 R. 2.13 None shall cause to be cast any garbage dung intrails or any other annoyance into the Ditches Rivers Waters or other places within or near any City Burrough or Town or the suburbs thereof in pain to be called by Writ before the Chancellor and if found guilty to be punished at his discretion ☞ Informers I. Stat. 18 El. 5. An Informer shall exhibit his suit in proper person and pursue it by himself or by his Attorney in Court and that by way of information or original Action and shall have no Deputy and all this in pain of 10 l. and the Pillory II. A note of the time of exhibiting the information shall be truly taken and from thenceforth it shall be accounted to be of Record before which time no process shall issue out upon it III. The Clark that makes out the process shall indorse the Informer's name and also the Statute upon which the Information is grounded in pain of 40 s. IV. No Jury shall appear at Westminster for a tryal upon any penal Law when the offence was committed above 30 miles from Westminster except the Attorney General for some reasonable cause require the same V. No Informer shall
for the victualling or amending of Ships ☞ News * I. West 1.33 3 E. 1. None shall report any false or slanderous news or tales whereupon discord may arise betwixt the King and his People or the great men of the Realm in pain of Imprisonment until he produce the Author II. Stat. 2. R. 2. Stat. 1.5 None shall devise speak or tell any false news lies or other such false thing of Prelates Lords or the great Officers of the Realm whereby any discord or slander may arise in pain to be punished as by the Statute of westm 1. ordained III. Stat. 12. R. 2.11 When any one hath spoken falsities contrary to the aforesaid Statutes and cannot produce the Author and is thereupon imprisoned he shall afterwards be punished by the Kings Council notwithstanding the said Stat. of West 1. Nisi prius I. West 2.30 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin Mortdancester and Attaiuts and they shall associate unto them one or two of the discreetest Knights of the County where they come which Assizes and Attaints shall be taken but thrice in the year viz. 1. between 8. of July and the first of August 2. the 13. of September and the 6. of October the 3. of January and the 2. of February II. At such Assizes before they depart they shall appoint the day of their return and may also adjourn the Assizes from day to day if the taking of them happen to be deferred at any day by vouching to warranty essoin or default of jurors They may also adjourn Assizes of Mortdancaster being respited by essoin or voucher into the Bench and in such case shall send thither the Record thereof together also with the Original writ And when the matter is come to the taking of the Assize the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken But the Justices of the Bench in such Assizes shall give 4. dayes at least in the year before the Justices assigned to spare expence and labour III. All pleas in either of the Benches that require small examination shall be determined before them Howbeit it must be at a day and place certain appointed in the presence of the parties and mentioned in the Judicial writ by these words Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis nisi Talis Talis tali die loco ad partes illas prius venerint duodeeim c. And when the Inquests of such pleas are taken they shall be returned into the Bench where they were commenced to receive Judgement and to be inrolled And Judgement otherwise taken shall be void except in an Assize of Darrein presentment and Inquisitions of Quare impedit which shall be determined in their proper County before one of the Justices of the Bench and a Knight at a day certain in the Bench assigned whether the Defendant consent or not and there shall judgement also passe immediately IV. The Justices of the Benches shall have in their Circuits Clerks to inroll all pleas pleaded before them as hath been used in times past and the Justices assigntd shall not compell the Jurors to say precisely whether it be disseisin or not so as they will shew the matter of fact and then require aid of the Justices But if they will of their own head say that it is disseisin their verdict shall be admitted at their own peril And the Justices shall not put upon Assizes or Juries any other then such as were summoned for the same at the first V. Stat. Definibus levatis 27 E. 1.4 Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices before whom the plea is brought being associate to one Knight of the same County where such Inquest shall pass unless they require great examination And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa which see in Jurors VI. Stat. Eborac 12 E. 2.3 Inquests in pleas of land that require no great examination shall be taken in the County before a Justice of the Peace where the plea is accompanied with a substantial man in the Country whether Knight or other so as a certain day be given in the Bench and a certain day and place in the Countrey in the presence of the parties and the demandant request the same but Inquests of Pleas that require great examination shall be taken in the Countrey in manner aforesaid before two Justices of the Bench. VII Stat. Ebor. 12 E. 2.4 Justices of Nisi prius have power to record non-suits and defaults in the Countrey at the dayes and places assigned and shall report them in the Bench at a day certain there to be inrolled and thereupon Judgment shall be given VIII Stat. 2 E. 3.16 Inquests in pleas of Land shall be as well taken at the request of the tenant as of the demandants notwithstanding the Statute of 12 E. 2.3 IX Stat. 4 E. 3.11 Justices of the Benches of Assiise and of Nisi Prius shall have power to hear and determine maintenance conspiracy confederacy and champerty as well as Justices in Eyre And that which cannot be determined before the Justices of either Bench upon the Nisi Prius shall be adjourned unto the Bench where they are Justices and shall be there determined Note that this Statute is confirmed by the Statute of 7 R. ◠15 which see in Maintenance X. Stat. 14 E. 3. Stat. 1.16 A Nisi prius in the Kings Bench shall be granted before a Justice of that place if any Justice of that place may well go into those parts if not then before a Justice of the Common Pleas so likewise those in the Common Pleas shall be grantable before a Justice of the Kings Bench if he may go thither vice versa but if none of them may go then before the chief Baron if c. or else before the Justices assigned to take Assizes in those parts so as one of them be a Justice of one of the Benches or the Kings Serjeant sworn And here to avoid fraud if one party demand a tenor of the record another tenor thereof shall be also upon request delivered to the other party XI Where Assizes of Quare impedits and Darrein presentments are triable in the Countrey by Nisi prius before the Justices of either Bench the chief Baron or Justices of Assize they may there give Judgment upon them XII Stat. 7 R. 2.7 In all pleas where Nisi prius is grantable of office after the great distress returned and three times served before the Justices against the Jurors and thereupon the parties demanded if either party will pursue or if they refuse to have a Nisi prius in the case then at the suit of any of the Jurors there present a Writ of Nisi prius shall be
from the Bars to Cow-Cross Water-lane in Fleet-street the streets behind Saint Clements-Church without Templâ—-Bar the way from the West-bars in Tothil-street in Westminster to the West-end of Petit-France the way without Bishops-gate above Shore-dâ—tch Church Strand-bridg and the way leading from thence towards Temple-Bar and Foskue-lane leading down to Strand-bridg And in this Act the Justices of Middl sex have also power to set Fines upon the defaulters at their discretion VIII Stat. 13 El. 23. Another Act of like nature for paving and keeping in repair the way without Algate called the Bars without Algate another leading from the Old-Cagâ— there to the North-end of Nightingal-lane and another between the said Old-Cage and Cross-Mill in the Parish of Saint Mary the pain for default being 3 s. 4 d. to the Queen for every yard square not so paved or repaired This Act likewise provides for the scowring and cleansing of certain Ditches thereabouts IX Stat. 18 El. 19. An Act for the paving of Chichester X. Stat. 23 El. 12. Another Act for the paving of the Minories being an additional Act to 13 El. 23. And the Ditch in Hoglang shall be scowred and cleansed by the owners of the lands lying on the North-side of the said Lane in pain to forfeit 6 s. 8 d. for every pole uncleansed And by this Act the Justices of Peace in London and Middlesex shall appoint Scavengers XI Stat. 3 Jac. 22. Another Act for the paving and keeping in repair the street in St. Giles in the Fields and Drury-lane ☞ Peace I. Stat. 2 E. 2. The Statute of Winchester and other Statutes made for the keeping of the Peace shall be duly observed II. The Justices assigned shall have power to punish resisters of the Peace III. Stat. 2 R. 2.2 Peace shall be kept and Justice and Right duly administred to all persons See also the Statutes of 1 H. 4.1 2 H. 4. and 1. 7 H. 4.1 to the like effect Pensions Portions and Corodies I. Stat. 34 35 H. 8.19 Pensions Pertions Corodies Indemnities Synodies Proxies and all other profits due out of Religious lands dissolved shall be paid to Bishops Arch-deacons and other Ecclesiastical persons by the occupiers of the same lands if such Ecclesiastical person were seised thereof within ten years before their dissolution And if upon suits in the Ecclesiastical Court for the same the Defendant be convict the Plaintiff shall recover the value thereof in damages together with his costs of suit The like he shall recover at the Common Law when the cause is thereby determinable II. Provided that if the King hath demised any of the said lands with a Covenant to discharge the tenant of such charges that then the party claiming the same shall sue for them in the Court of Augmentations and not elswhere ☞ Perjury * I. Stat. 5 El. 9. None shall suborn a witness to give restimony in any Court of Record concerning any lands goods debts or damages in pain of 40 l. and if the offender being convicted thereof hath not wherewithall to satisfie the said forfeiture he shall suffer 6. moneths imprisonment without bail stand upon the Pillory one whole hour in the same or next Market-town where the offence was committed and be for ever after disabled to give testimony in any Court of Record until the judgement given against him be reversed by Attaint or otherwise II. He that commits wilful perjury shall forfeit 20 l. suffer six moneths imprisonment without bad and be ever after disabled to give evidence until the judgement given against him be reversed as aforesaid and here also if he hath not wherewithall to discharge the fine in the Countrey the Sheriff or in a Corporation the Head Officer shall cause him to be set upon the Pillory in some Market-place and to have both his ears nailed III. The forfeitures abovesaid shall be divided betwixt the Queen and the party grieved IV. Judges of the Courts where such offences shall happen to be committed Justices of Assize Goal-delivery and of Peace have power to hear and determine the same offences V. This Act shall be proclaimed at every Assize VI. This Act shall not extend to any Court Ecclesiastical but that they may there proceed as in times past VII This Act shall not restrain the power of the Star-chamber nor of the Councils of Wales or in the North to punish heinous perjuries But that they may proceed as formerly so as for-the said offences they inflict no less punishment then by this Statute is ordained ☞ Physicians and Surgeons * I. Stat. 3. H. 8.11 None in London or within seven miles thereof shall exercise as a Physician or Surgeon except first examined and admitted thereunto by the Bishop of London or Dean of Pauls calling to him or them for the first examination four Doctors of Phyfick and for Surgery other expert persons in that faculâ—y and afterwards of them that so shall be approved in pain to forfeit for every moneth they exercise Physick or Surgerie not so examined and admitted 5 l. to be divided betwixt the King and the prosecutor II. In other places without the said Precinct of seven miles none shall exercise the said Professions unless examined and approved by the Bishop of the Dâ—ocess or in his absence by his Vicar general â—alling to them expert men in those Professions at their discretion and giving Letters testimonial under their Seal to him they shall so approve upon the like pain to be divided as aforesaid III. This Act shall not extend to the Universities IV. Stat. 5. H. 8.6 The Surgeons of London shall be exempt for bearing the Office of Constable or any other Office watching bearing of Arms or to serve upon Inquests in London so that their incorporation exceed not the number of 12. V. This Act shall also extend to Barber-Surgeons approved and admitted according to the Statute of 3 H. 8.11 VI. Stat. 14. H. 8.5 The Kings Charter for the Incorporating of the Colledge of Physicians in London bearing date the 13. of September in the tenth year of his Reign is confirmed the substance whereof is as followeth VII A perpetual Colledge of Physicions is granted and erected in London and within seven miles compass of the same who shall have power to chuse yearly a President for the better government of the same and shall also have perpetual succession a common Seal and ability to purchase Lands not exceeding 12 l. per annum They may sue and be sued make Ordinances for the good Government of the Colledge and of all others that practise Physick within the said limits Neâ—ther shall any practise Physick within that Circuit unless approved under the Seal of that Colledge in pain of 5 l. to be divided betwixt the King and the same Colledge Likewise four Physicians of London shall be yearly chosen to supervise the rest as also their Medicines and Receipts so that such as offend may be punished by fines amerciaments inprisonment or other due means Lastly Physicians
the cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be