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
a year and a day after the fact IV. West 2.12 13 E. 1. Upon a false appeal by malice the Appellor shall suffer a year's imprisonment make fine to the King and recompence dammages to the Appellant at the discretion of the Justices V. When the Appealor is not able to satisfie dammages and an Abettor through malice is also found by the same Inquest such Abettor shall also be punished by imprisonment and restitution of dammages as before VI. Articult Cleri ca. 10. 9 E. 2. Thieves and Appealors whensoever they will may confess their offences to Priests but let the Confessors beware that they inform them not erroneously VII Stat. of Appeals 28 E. 1. When any are appealed by provers the Sheriff shall by the King 's Writ under the testimony of the Justices that delivered those provers bring such appealees to the Gaols where the provers or appealors are kept to answer before the same Justices and if the Appealees will be tried by the Country the Sheriff shall also by a judicial Writ from the same Justices cause an Inquest to appear VIII The Sheriff and others in whose custody such Appealors are kept shall receive such Appealees without contradiction IX Stat. 1 H. 4.14 All appeals of things done within the Realm shall be tried by the laws thereof and of those done out of the Realm by the Constable and Marshal of England for the time being Appeals to Rome * I. Stat. 24 H. 8.12 All causes testamentary and of Matrimony divorces rights of tithes oblations and obventions shall be adjudged within the King's Authority and not elsewhere II. The Prelates of this Realm may execute all Sacraments Sacramentals Divine Service and all other things to the King's subjects which they ought to doe notwithstanding any-appeal to Rome or any other forein power whatsoever III. If any spiritual person for fear of any forein power shall refuse so to doe he shall make fine and ransom at the King's pleasure IV. Whosoever procureth from the See of Rome or any other forein Court any appeals process sentences c. shall incurr a Praemunire provided by the Statute of 16 R. 2.5 which see in Proviso 8. V. Appeals in cases Ecclesiastical shall be sued from the Archdeacon or his Official to the Bishop Diocesan and when the cause is commenced before the Bishop Diocesan or his Commissary within 15 days after sentence an appeal may be made from thence to the respective Archbishop of the Province to be there definitively adjudged VI. When the cause is commenced before an Archdeacon of any Archbishop or his Commissary the appeal may be made within 15 days after sentence to the Court of Arches or audience of the same Archbishop and from the Arches or audience within 15 days after sentence there to the Archbishop himself to be finally determined without any farther appeal VII When the cause is commenced before the Archbishop himself it shall be there determined without any farther appeal saving to the Archbishop and Church of Canterbury the due prerogative heretofore used VIII When the cause or suit concerns the King the party grieved may within fifteen days after sentence appeal from any of the said Courts to the Prelates assembled by the King 's Writ in the Convocation being or next ensuing in the Province where the suit was begun and there it shall be finally-determined IX If any shall hereafter pursue any appeal contrary to this Act or shall refuse to obey it he shall incur a Praemunire Apprentice I. Stat. 12 H. 7.1 The makers of Worsteads Sayes and Stamins in Norfolk are enabled to take Apprentices and any person may also put Apprentices unto them so that they keep not above two Apprentices at most at one time Appropriations I. Stat. 15 R. 2.6 In every License made in Chancery of the Appropriation of any Church this shall be contained viz. That the Diocesan shall ordain according to the value of such Churches a convenient summ to be yearly distributed out of the profits thereof to the poor of the Parish by the appropriators and their successors for ever and also that the Vicar shall be sufficiently endowed II. Stat. 4 H. 4.12 The Statute of 15 R. 2.6 shall be duly executed and Appropriations made since that Statute contrary thereunto shall be reformed before Easter or else to be void except Haddenham in the Isle of Ely III. All Vicarages annexed or appropriated since 1 R. 2. shall be void IV. In every Church so appropriate a secular person shall be ordained Vicar canonically instituted and inducted in the same and conveniently endowed by the discretion of the Ordinary to doe Divine Service inform the people and keep hospitality there except Haddenham aforesaid and no Religious shall be hereafter made Vicar in any Church so appropriate Approvements I. Merton Cap. 4. 20 H. 3. Lords of Wastes or Commonable woods or pastures may approve against their Tenants part thereof so that they leave sufficient common besides together with free egress and regress to enjoy the same And the truth thereof shall be enquired by Assise wherein dammages shall be given to the Plaintiff if he recover and the disseisors shall be amercied II. West 2. cap. 46. 13 E. 1. The Statute of Merton shall not onely binde the Lords Tenants but neighbours also which claim common of Pasture as appurtenant to their Tenements but if any claim common by special seoffment or grant for a certain number of beasts or otherwise which is due to him of common right he shall recover the same according to the form of such grant III. By occasion of a Wind-mill Sheep-cote Dairy inlarging of a court necessary or courtilage none shall be grieved by Assise of Novel disseisin for common of Pasture IV. If any upon just title of approvement do make a ditch or hedg for that purpose which afterwards is thrown down by some who cannot be discovered by verdict of the Assise or Jury and the Towns adjoyning will not indite such as are guilty of the fact in such case the said Towns shall be distrained to level again such ditch or hedg at their own costs and shall also yield dammages V. Stat. 3 E. 6.3 The Statute of Merton cap. 4. and West 2. cap. 46. are confirmed VI. Upon Judgment for the Plaintiff in an Assise upon any branch of the said Statutes of Merton or West 2. the Court shall award treble dammages VII This Act shall not extend to houses heretofore built upon wastes or commons not having above 3 Acres of such waste or common-ground belonging to them nor to any Garden Orchard or Pond there not exceeding two Acres neither yet shall it cause any person to lose or forfeit any pain or dammage for the same but such houses and grounds shall still stand and remain howbeit the owners of such wastes or commons may lay open so much thereof as shall exceed three Acres VIII Stat. 43 El. 11. All Contracts or Bargains made of part of such wastes commons or
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
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
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
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
to forfeit beside the value of the said printed Copies 5 l. for every Copy not so delivered The same to be recovered by his Majesty his Heirs and Successors And by the Chancellor Masters and Schollers of the said Universities respectively by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster Treason I. Stat. 17 Car. 2. Cap. 5. apud Oxon. An Act for Attainting Thomas Dolman Joseph Bampfield and Thomas Scott of High Treason if they render not themselves to some of his Majesties Justices of the Peace for the County wherein they shall first arrive at or before the first of February next and abide their legall Tryal II. And for attainting every person that is or shall be beyond the Seas during the War with the United Provinces that being required by his Majesties Proclamation shall not return and render themselves accordingly so that the time prefixed by such Proclamation be not less then three Calender months from the date thereof III. And all his Majesties Subjects who after the first of February next shall during the said Warr serve the said States either by Sea or Land as a Souldier or Marriner or Seaman on this side the Straights or after the first of May 1666 within the Straights or after the first of August 1666. in Africa or America or any where beyond the Straights on this side the Aequinoctial or after the first of February 1666. in the East-Indies or in any part beyond the Aequinoctial shall be attainted of High Treason Damages Cleer I. Stat. 17 Car. 2. Cap. 6. apud Oxon. All Damage Cleer or Fees called Damna Clericorum from and after the 29th of September which shall be in the year 1672. shall cease and be abolished in all Courts at Westminster and elsewhere within England and Wales II. And untill the said 29th of September 1672. and no longer Damage Cleer shall be paid and allowed out of such sums of money only as shall be actually levied or paid by or from the Defendants and onely for the proportion of the sum and sums of money levied or paid and no more or otherwise Distresses I. Stat. 17 Car. 2. Cap. 7. Apud Oxon. For more speedy and effectual proceeding upon Distresses and Avowries for Rents Enacted That when any Plaintiff in Replevin by Plaint or Writ returned removed or depending in any of the Kings Courts at Westminster the Defendant making a Suggestion in nature of an Avowry or Conusance for such Rent to ascertain the Court of the cause of the Distress the Court upon his prayer shall award a Writ to the Sheriff of the County where the Distress was taken to enquire by the oaths of 12 good and lawful men of his Baylywick touching the sum in arrear at the time of such Distress taken and the value of the Goods or Cattel distrained And thereupon 15 dayes shall be given to the Plaintiff or his Attorney in Court of the sitting in such Enquiry And thereupon the Sheriff shall enquire of the truth of the matters contained in such Writ by the oaths of 12 good and lawful men of his County And upon the return of such inquisition the Defendant shall have Judgment to recover against the Plaintiff the arrearages of such Rent in case the Goods or Cattel distrained shall amount unto that value And if they amount not to that value then so much as the value of the said Goods and Cattel so distrained shall amount unto together with full costs of Suit and shall have Execution thereupon by Fieri Facias or Elegit or otherwise as the Law shall require And in case such Plaintiff shall be nonsuit after Conusance or Avowry made and Issue joyned or if the Verdict shall be given against such Plaintiff then the Jurors that are impanelled or returned to enquire of such issue shall at the prayer of the Defendant enquire concerning the sum of such arrears and the value of the Goods or Cattel distrained And thereupon the Avowant or he that makes Conusance shall have Judgment for such arrearages or so much thereof as the Goods or Cattel distrained amounts unto together with his full Costs and shall have Execution for the same by Fieri Facias or Elegit or otherwise as the Law shall require II. And if Judgment in any of the Courts aforesaid be given upon Demurrer for the Avowant or him that maketh Conusance for any Rent the Court shall at the prayer of the Defendant award a Writ to enquire of the value of such distress And upon return thereof Judgment shall be given for the Avowant or him that makes Conufance as aforesaid for the arrears alledged to be behind in such Avowry or Conusance if the Goods or Cattel so distrained amount to that value And if they shall not amount to that value then for so much as the said Goods or Cattel so distrained amount unto together with his full costs of Suit and shall have like Execution as aforesaid Provided That in all cases aforsaid where the value of the Cattel distrained as aforesaid shall not be found to be to the full value of the arrears distrained for that the party to whom such Arrears were due his Executors or Administrators may from time to time distrain again for the residue of the said arrears Suits and Delayes I. Stat. 17 Car. 2. Cap. 8. Apud Oxon. For avoiding unnecessary Suits and Delays Enacted That in all Actions personal and real or mixt the death of either party between the Verdict and the Judgment shall not hereafter be alledged for Errour so as such Judgment be entred within two Terms after such Verdict II. And where any Judgment after a Verdict shall be had by or in the name of any Executor or Administrator In such case an Administrators de bonis non may sue forth a Scire facias and take Execution upon such Judgment This Act to continue for five years and from thence to the end of the next Session of Parliament A perfect TABLE which may serve as a CONCORDANCE for the ready discovery of any material Clause throughout the said Statutes A. ABatement of Writs Abbeys Priories Hospitals Chappels and other Houses and Corporations Advowson 7. Franchises 31 c. Monasteries Tenure 11 c. Vacation of Bishopricks Abettors Appeals 5. Ability and Nonability Pag. 1 Crown 153 155 170. Abjuration Crown 70 c. Forrests 10 19. Purveyors 33. Wards 18 Accessary Appeals 2 England and Scotland 5 Triall 13.14 Account Pag. 2 Customs 5. Debt to the King 8 c. Receivers Accusation Pag. 4 Triall 3. Acquittances First-fruits 17 Action Popular Pag. 5 Demurrers 2 Informers Jurors 36 c. Monopolies 5 Action upon the Case Process 12 Tythes 2. Addition Pag. 6 Discontinuance of process 4 Adjornment Pag. 7 Admeasurement of Dower Pag. 7 Admeasurement of Pasture Pag. 7 Administrators Pag. 7 Executors Pag. 8 Admiralty Fish 35 Ships 33 45. Ad quod damnum Mortmain Advowson Pag. 8 Dayes in Bank 20. Incumbent
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
any other council assembled by the King's command onely if it be not Term-time he shall then appear the first day of the Term following that quarter and upon appearance shall be proceeded against as before Assises I. Magna Charta cap. 12. 9 H. 3. Assises of novel disseisin and Mortdancester shall be taken in their proper Shires in this manner The King or in his absence out of the Realm the chief Justices shall once a year send the other Justices through every County to take together with the Knights of the Shires such Assises in those Counties and such things as cannot be there determined shall be ended elsewhere in their Circuits Also difficult matters shall be referred to the Justices of the Bench to be there determined II. West 1. Cap. 24. 3 E. 1. If any Escheator Sheriff or other Bailiff of the King do by colour of his office without special warrant pertaining to his office disseise any man of his free-hold or any thing belonging thereunto it shall be in the election of the disseisee whether the King by office shall cause it to be amended upon complaint or that he will sue by writ of Novel disseisin wherein if the disseisor be attainted the disseisee shall recover double dammages and the disseisor shall also be grievously amercied to the King III. West 1. cap. 36. 3 E. 1. If any be attainted of disseisin done in the now King's time with robbery of goods or otherwise the disseisee by Assise of Novel disseisin shall recover his seisin and dammages and the disseisor whether present or not shall make fine and if present shall be committed IV. West 1. cap. 48. 3 E. 1. Assises of Novel disseisin Mortdancester and Darreine presentment shall be taken in Advent Septuagesima and Lent as well as inquests and that at the special request of the King made to the Bishops V. West 2 cap. 25. 13 E. 1. For estovers of wood profit to be taken in woods corrodie delivery of corn and other victuals and necessaries to be received yearly in a certain place toll tunnage passage pontage pawnage and the like to be taken in places certain keeping of Parks Woods Forests Chases Warrens Yates and other Bailiwicks and offices in Fee an Assise of Novel disseisin shall be and in such cases the Writ shall be as in other cases de libero tenemento VI. It shall also be for Common of Turf-land fishing and such like common appendant to Free-hold or by special deed as it heretofore held place for common pasture provided the estate therein be at least for life VII If any holding for years or in ward aliene the fee remedy shall be had by this Writ and both the feoffors and feoffees shall be had for disseisors so that during the life of any of them the said Writ shall hold place and if they die the remedy shall be by Writ of Entry VIII The giving of this Writ in new cases shall not diminish the force thereof in those wherein it had force before and remedy also shall be had thereby in case where one feedeth in the several of another IX In this suit if the Defendant fail to make good the exception which he pleads he shall be adjudged a Disseisor without taking the Assise and shall give to the Plaintiff double dammages both inquired and to be inquired and besides shall suffer a year's imprisonment X. If such an exception be alledged by a Bailiff the taking of the Assise shall not be thereby delayed nor yet the Judgment upon the reftitution of the lands and dammages Howbeit if the Master of such Bailiff afterwards offer to prove to the Court by matter of record that there was just exception whereby the Plaintiff might have been barred he shall have a Venire facias to produce such record and then if the Justices see cause the Plaintiff shall be warned to appear at a certain day and the Defendant shall then have again his seisin and dammages and the Plaintiff shall be punished by imprisonment at the discretion of the Justices In like manner also shall the Justices proceed in case the Defendant's proof is by deeds or releases and if the Plaintiff purchased the Assise contrary to his own deed he shail be punished as aforesaid XI The Sheriff shall not take an Ox of the disseisee but of the disseisor onely and but one Ox though there be many disseisors named in the Writ and that Ox shall not exceed 5 s. in value Note that 5 s. then hath now the value of 15 s. XII West 2.46 13 E. 1. Where common of Pasture hath been usurped during Nonage Coverture tenancy in dower by the courtesie for life years or in tail it hath been holden that if such possessor of common be deforced he ought to have Action by Writ of Novel disseisin it must now be holden that such as have entred within the time that an Assise of Mortdancester hath lain if they had no common before shall not recover by Writ of Novel disseisin albeit they be deforced XIII Stat. de conjunct feoffatis 34 E. 1. In an Assise of Novel disseisin if joynt-tenancy be pleaded by force of a Deed upon the Plaintiff's averment against it the Justices shall keep the Deed until the trial and in the mean time shall by scir ' facias summon the absent joynt-tenant to be present with the Defendant at the said trial and they shall there maintain the Plea if they can But if it shall then be proved by an Assise that the Plea was maliciously alledged to delay the Plaintiff albeit the Assise doth pass for the Defendants yet he who pleadeth that exception shall suffer one whole year's imprisonment and shall not be enlarged without grievous fine And if it be found by Assise that the Plaintiff was disseised he shall recover seisin and double dammages and the trial shall go on notwithstanding such plea and albeit neither of the pretended joynt-tenants appear howbeit joynt-tenancy shall not be pleaded by Bailiffs XIV Also in Assises of Mortdancester and juris utrum the like course shall be taken as in those of Novel disseisin XV. In other Writs likewise whereby Tenants are demanded save that in them the dammages are referred to the discretion of the Justices XVI Stat. Eborum 34 E. 2.1 Tenants in Assise of Novel disseisin may make Attorneys and may also plead by Baâ—hffs as in times past XVII Stat. 7 R. 2.10 An Assise of Novel disseisin for rents issuing out of lands in divers Counties shall be taken in Confinio Comitatus as is used for Common of pasture in one County appendant to tenements in another XVIII Stat. 1 H. 4.8 A special Assise is maintainable by the disseisee for such lands as are granted by the King's Patent without title first found by inquest for the King without suit to be made to the King in that behalf and if the Patentee pray in Aid of the King a Procedendo shall be also granted without suit XIX
shall be supplied out of the rest presented or by other such Citizens at the discretion of the said Mayor and six Aldermen XXI Pleas of Attaints commenced in London shall be tried there by Inquests of the same City and not elsewhere XXII In an Attaint there no challenge shall lie for lack of sufficiency in estate XXIII The Judgment in such an Attaint shall not extend to lands or tenements nor yet to other punishment of the petty Jury or other processes then such as are limited by this Act. XXIV In such an Attaint if the petty Jury be attainted Judgment shall be given against the Defendant as at the Common Law and against the petty Jury to forfeit each of them 20 l. or more at the discretion of the Court to be employed as other penalties forfeited before them and to suffer six moneths imprisonment or less at the like discretion of the Court and to be for ever after disabled to be a Juror XXV But if the verdict be affirmed the Grand Jury shall-further inquire the corruption of the petty Jurors and if any of them be found to have taken any reward or promises thereof he shall forfeit ten times the value thereof to the Plaintiff and shall further incurr imprisonment and disability to be a Juror as aforesaid The like forfeiture also and imprisonment shall be inflicted upon the Tenant or Defendant that shall give such reward or promise but this last forfeiture shall accrue to the City in manner aforesaid XXVI If a debt costs or dammages are recovered in the first Action whereupon the Attaint is brought and that verdict found false the Plaintiff in such Attaint may sue for restitution of such debt costs and dammages by Writ Bill or Plaint in any of the King's Courts wherein no wager of Law shall be admitted XXVII In such an Attaint if the Plaintiff be non-suit or the first verdict affirmed the Plaintiff shall be imprisoned and make fine to the use of the City at the discretion of the Court. XXVIII Where there are one or more Plaintiffs if any of them die or be non-suit and albeit all the Tenants or Defendants and some of the petty Jury die yet shall not the Attaint abate so that two of that Jury remain in life XXIX The Grand Jurors that make default shall forfeit for the first forty shillings for the second five pounds and for every other afterwards ten pounds XXX Such process shall be made against the Jurors and parties in this Attaint as is usually made in Attaints at the Common Law and shall be returnable at every Hustings XXXI The Attaint shall not remain to be taken after the first summons for the default of the Tenant or Defendant or any of the petty Jury neither shall any essoign be allowed in the same XXXII When the trial is to be per medietatem linguae the Mayor and Aldermen shall impannel half strangers worth an hundred pound a piece XXXIII Stat. 23 H. 8.3 Upon every untrue Verdict before Judges of Record except where the thing in demand extendeth not to the value of 40 l. or concerneth life the party grieved shall have an Attaint against the petty Jury and also against the party that hath the judgment thereupon XXXIV The Processes here shall be summons re-summons and distress infinite as well against the petty Jury and party as against the Grand Jury who shall be of the accustomed number and have lands of the yearly value of 20 marks out of ancient demesne XXXV The distress shall be awarded 15 daies before the return thereof and shall be made upon the land of every one of the Grand Jury as is used in other distresses XXXVI Albeit the Defendant or petty Jury or some of them appear not yet the grand Jury shall proceed XXXVII If any of the petty Jury appear the Plaintiff shall assign the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the Writ Processes Return and assignment be good but that they made true serement which shall be tried by 24 of the Grand Jury unless the Plaintiff hath before been non-suit or discontinued his suit or had judgment against the same Jury for the same Verdict XXXVIII Howbeit the Defendants may plead that they gave a true verdict or any other matter which may barr the Attaint but notwithstanding such plea the Grand Jury shall nevertheless inquire whether the first Jury gave a true verdict or no. XXXIX If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided betwixt the King and the Plaintiff and incurr several fines at the discretion of the Justices and be ever after disabled to give testimony in any Court XL. If the Defendant's plea in bar be found against him the Plaintiff shall have judgment to be restored to that he lost with his reasonable costs and dammages XLI Outlawry or Excommunication shall be no plea against the Plaintiff in Attaint and in the aforesaid process such day shall be given as in dower but no essoign or protection allowed XLII If the Grand Jury appear not so that the petty Jurie's verdict remains untried the defaulters shall upon the first distress forfeit 20 s. upon the second 40 s. and upon every default after 5 l. The like penalty is also to be inflicted upon the Tales XLIII The Attaint is maintainable so long as any two of the petty Jury are alive XLIV An Attaint shall also lie for a personal thing under the value of 40 l. in manner aforesaid save onely that in such case the Grand Juror is to have lands worth 5 marks per annum out of ancient demesn or to be worth 100 marks in goods and the forfeiture of each petty Juror shall be but 5 l. XLV For want of sufficient Jurors in one County a Tales shall be awarded into another County at the discretion of the Justices XLVI An Attaint shall also lie for him in reversion or remainder And also in Attaint if the Plaintiff be non-suit or discontinue the suit he shall be fined at the discretion of the Justices XLVII All Attaints shall be hereafter taken in the King's Bench or Common Pleas and not elsewhere and Nisa prius shall be granted upon the distress at the discretion of the Justices also any of the petty Jury may appear and answer by Attorney XLVIII As concerning the forfeitures the several moieties shall be recovered by the King and parties respectively by Ca. sa or Fi. fa. or Elegit or Action of debt against each of the petty Jury their Executors or Administrators having then sufficient goods of the Testators not administred XLIX Judgment and Execution of restitution to the Plaintiff and of discharge of restitution to the Tenant or defendant shall be given and had as in case of a grand Attaint hath been used L. The Non-suit or release of one Plaintiff shall not prejudice his companions LI. In every
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
the said mis-doers and them and others to examine and to punish them according to the Statutes in that behalf made in like manner as if they were convict by due order of Law II. Stat. 21 H. 8.90 The President of the King's Council shall be associate with the Lord Chancellor c. for the examination and punishment of the mis-doers aforesaid according to the said Statute of 3 H. 7.1 and other Statutes thereof made Executors I. West 2.23 13 E. 1. Executors shall have a Writ of accompt and like action and process in the same Writ as their testator should if he had lived II. Stat. 4 E. 3.7 Executors shall have an action for a trespass done to their testator as for his goods and chattels carried away in his life and shall recover their damage in like manner as he whose executors they shall have done if he had lived III. Stat. 9 E. 3. Stat. 1.3 In a writ of debt brought against executors they shall have but one Essoin amongst them all before apparence and another after so that they shall not fourch by essoin IV. Here though the Sheriff upon the Summons return nihil yet an attachment shall be awarded and upon nihil also returned thereupon the great distress and then he or they that appear shall answer V. Albeit some of them after apparence make default at the return of the great distress yet shall he or they be put to answer that first appeared at the great distress so returned VI. If judgment pass for the Plaintiff he shall have judgment and execution against them that have pleaded and against all others named in the Writ of the Testators goods as well as if they had all pleaded VII Any may sue in this case according to the law formerly used if he please notwithstanding this Statute VIII Stat. 25 E. 3. Stac 5.5 Executors of Executors shall have actions of debt account and of goods carried away of the first testators and execution of Statute-merchants and Recognizances made unto him and shall also answer to others so far forth as they shall recover of the first testators goods as the first executors should have done IX Stat. 33 H. 6.1 Where servants after the death of their Lords or Masters do imbezil their goods after full information thereof made to the Lord Chancellor by the executors or two of them of such spoil made the said Lord Chancellor by advice of the two chief Justices and chief Baron or two of them shall have power to make such writs to be directed to such Sheriffs as to them shall seem fit to make proclamation in such places within twelve days after delivery of the said writs as to the said Chancellor by the advice aforesaid shall seem reasonable that the offenders appear in the King's Bench at the day limited in the Writ which Proclamation shall be made 15 days before the day apparence when if the offendor appear not he shall be attainted of felony X. If the party appear the Justices shall commit him to prison there to remain until he hath answered the executors in their actions and the same actions be determined provided that they be pursued with effect and not slackly XI The offender may be bailed by the Justices of that Bench procuring two sufficient persons to be bound with them to the executors by recognizance in the same Court to keep such day as he shall have by the same Court XII The Gaoler shall not let them go at liberty without the Justices order in pain of 40 l. XIII Stat. 21 H. 8.4 That part of the executors which take upon them the charge of a Will may sell any land devised by the restator to be sold albeit the other part which refuse will not joyn with them XIV Stat. 43 El. 8. If any person shall obtain any goods or debts of an Intestatee or releases or other discharge of any debt or duty which belonged to the Intestatee by fraud as by procuring the administration to be granted to a stranger of mean estate and not to be found with intent thereby to obtain the Intestatee's estate and not upon valuable consideration or in satisfaction of some just debt answerable to the value of the goods so obtained in such case such person shall be chargeable as executor of his own wrong so far as the value of the goods or debts so obtained shall amount unto Howbeit he shall also be allowed such reasonable deductions as other Executors or Administrators ought to have Exigent and Utlawry I. Stat. 5 E. 3.12 Where the Plaintiff recovers damages and the Defendant is thereupon outlawed no pardon shall be granted except the Chancellor be certified that the Plaintiff is satisfied his damages II. Where one is outlawed by processes before apparence no pardon shall be granted except the Chancellor be certified that the person is outlawed hath yielded himself to Prison before the Justices of the place from whence the Exigent issued III. If the outlawry happen to be before the Justices of Oyer and Terminer and those Justices be risen before he yield himself before them in that case he shall do it in the King 's Bench. And then the record thereof being removed thither by writ a Scire facias shall issue to the Plaintiff to warn him to appear at a certain day at which if the warning be duly executed and the Plaintiff appear then shall they plead upon the first original as though no outlawry had been but if he come not the outlawed person shall be delivered by his Charter and note that all such Charters are of the King's grace as before they have been IV. Stat. 5 E. 13. If any will defeat an Outlawry by reason of imprisonment testified by the Sheriff or others having no record let the party yield himself to prison and then the Justices shall cause the Plaintiff to appear at a certain day at which day the averment of such outlawed person shall be received and so also shall the King's Counsel or prosecutor have their averment against such restimony V. Stat. 18 E. 3 Stat. 1. Exigents are to be awarded against Receivers of the King's money or woll which detain the same and against such as transport wool not cocketed or customed confederators and conspirators of quarrels rioters and such as bring in false money if they cannot be found or brought in by attachment or distress and not against any other VI. Stat. 18 E. 3. Stat. 2.5 No Exigent shall go forth against one indicted for trespass unless it be against the Peace or of the things contained in 18 E. 3. Stat. 1. VII Stat. 6 H. 8.4 In personal actions if the defendant is sued in a County where he dwells not and an Exigent awarded thereupon no outlawry shall be had before a writ of Proclamation be also awarded and returned by the Sheriff of the County where the Defendant is or lately was dwelling and if the Defendant dwell in the place where the King 's Writ
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
here provided for the Lessee for years VI. Stat. 34 35. H. 8.20 No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or Voucher be had in any such feigned recovery or not but that after the death of every such tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the lands tenements and hereditaments so recovered according to the form of the gift in tail the said recovery notwithstanding VII And here the heirs of every such Tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his heirs VIII This Act shall not extend to prejudice the Lessee or Lessees of any such Tenant in tail made in writing indented of any Mannors Lands c. for 21 years or three lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall injoy his or their Term or Terms according to the Statute of 32 H. 8.28 which see in Leases this Act notwithstanding IX Stat. 14 El. 8. All recoveries had or prosecuted by agreement of the parties or by covin against Tenants by the curtesie Tenants in tail after possibility of issue extinct for term of life or lives or of estates determinable upon life or lives or of any lands tenements or hereditaments whereof such particular tenant is so seised or against any other with Voucher over of any such particular tenant or of any having right or title to any such particular estate shall from henceforth as against the reversioners or them in remainder and against their heirs and successors be clearly void X. This Act shall not prejudice any person that shall by good title recover any lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Re-disseisin I. Merton 3. 20 H. 3. If any be disseised of their fee-hold and before the Justices in Eyre hath recovered seisin by Assise of Novel disseisin or by confession of the disseisors and hath had seisin delivered by the Sheriff if afterwards the same disseisors disseise the Plaintiff of the same free-hold and be thereof convict they shall be imprisonod until the King hath discharged them by redemption recognition of Assize Judgement or some other way II. This is the form of punishing of such convict persons The Plaintiff shall procure a Writ from the Kings Court directed to the Sheriff and containing the plaint of disseisin done upon disseisin By this Writ the Sheriff shall be commanded that he taking with him the Keepers of the Pleas of the Crown and other lawful Knights shall in proper person go to the Land or Pasture whereof the plaint was made where if they find him disseised again the Sheriff is to do as is above provided but if not the Plaintiff shall be amerced and the other shall go quit Howbeit the Sheriff shall not execute any such plaint without the Kings special Command III. There is the like Law for such as recover their seisin by Assise of Mortdancester or by Enquests if they be re-disseised by the first disseisors IV. Marlb 8. 52 H. 3. Persons imprisoned for re-disseisin shall not be delivered with the Kings special command and shall make fine to the King for their trespass And if the Sheriff deliver any contrary to this Ordinance he shall be grievously amerced and yet the persons so delivered shall be also grievously punished for their trespass V. West 2.26 13 E. 1. In Writs of re-disseisin double damages shall be awarded and the re-disseisors shall not be repleviable by the common Writ VI. Those that recover by default redition or otherwise without recognition of Assises or Juries shall have Writs of re-disseisin as well those which recover by Assise of Novel disseisin Mortdancester or other Juries provided for by the Statute of Merton 20. Relief I. Magna Cart. 2. When Lands holden of the King in chief by Knight-service descend to an heir of full age The reliefs are as followeth For an Earldom 100 l. For a Barony 100 Marks For one whole Knights fee 100 s. And he that hath less shall give less according to the old custom of the fees Religion * I. Stat. 14. Ca. 2. Ca. 4. The Stat. of 1 Eliz. Ca. 2. recited for uniformity of Common Prayer and considered by certain Commissioners appointed by the King for reviewing and altering the same and afterward being also reviewed by the Convocation The said Book of Common Prayer so altered c. is allowed and recommended to the Parliament by the King to be used under such sanctions and penalties as the Houses of Parliament shall think fit the same is enjoyned to be red in all Churches Chappels and places of publick Worship in England Wales and Town of Barwick upon Tweed in such order as is enjoyned by the said Book annexed to the said Act. II. Every Parson Vicar or other Minister in possession of any Ecclesiastical Benefice enjoyned to read the Common Prayer upon some Lords day morning and evening before the Feast of St. Bartholomow 1662. and after such reading the same make the Declaration verbatim as followeth I. A. B. do here declare my unfained assent and consent to and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church of England according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons Upon penalty there being no lawful impediment and within one month after such impediment removed of being deprived ipso facto as if the person neglecting or refusing so to do were dead III. All Parsons Vicars and Ministers to be after presented or put into any Ecclesiastical Benefice enjoyned to read the Common Prayer as aforesaid and to make the aforesaid Declaration within two months after they shall be in actual possession upon the same penalty as aforesaid IV. All Incumbents that reside upon their livings and keep Curates shall once every month themselves read the said Common Prayer upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace to be levyed by distress and sale of the offendors goods by Warrant from the said
Ireland And in Scotland all sorts of Victuals of the growth or production of Scotland and in Ireland all such victuals of their growth or production and to transport the same into any the said Lands Islands Plantations or Places VI. Every person importing by Land any Goods or Commodities into the said Islands Plantations or places shall deliver to the Governor thereof or such as by him appointed within 24 hours after Importation their names and sirnames and a true Inventory of all such Goods and no such Ship shall lade or unlade any such goods untill the Master have made known to the said Governor or other by him appointed the arrival of the Ship her name the Masters name and shewed she is an English Ship or by Certificate that she is belonging to England Wales or Berwick Navigated as aforesaid and a perfect Inventory of her Lading and the place where they were taken in upon pain of forfeiture as aforesaid VII All Governors of such Islands Plantations and Places to be put to an oath before such persons as the King shall appoint to do their utmost to see this Act performed And for offending herein to be put out of their places made incapable of any other Government in the said places and forfeit 1000 l. one moity to the King the other moity to such person as shall inform and sue for the same as aforesaid VIII If any Officer of the Customs in England VVales or Berwick upon Tweed shall give Warrant or suffer any Sugar Tobacco Ginger Cotton Wooll Indico Speckle Wood or Jamaica Wood Fustick or other dying wood of the growth of the Lands or Plantations to be carried into any other Country or place unless they have been unladed in England VVales or Berwick such Officer shall forfeit his Place and value of the Goods one moity to the King the other moity to him that shall sue for the same as aforesaid IX It shall be lawful out of any Port of England VVales or Berwick to ship and lade Sea-coals for any part of them paying for the Chaldron Newcastle measure only 1 s. 8 d. and London measure 1 s. and no more in full of all Custome and Poundage for the same Previded the same be shipped and navigated as aforesaid and security given to the Officers of the Custome of the Port where they are shipped for landing them in the said Plantations and not elsewhere X. It shall be lawful for all persons to export out of any the Ports of England Wales and Berwick in which there is a Customer and Collector all sorts of Forein Coyn Bullion of Gold or Silver first entring the same in the Custom-House without paying any Custom or Fee for the same XI For every Head of Cattle except of the breed of Scotland imported into England Wales or Berwick after the 1. of July in any year And for every head of great Cattle of the breed of Scotland that be brought into England VVales or Berwick after the 24th of August and before the 20th of December in any year there shall be paid to the King and his heirs 20 s. and 10 s. to him that shall inform or seize the same and 10 s. to the Poor of the Parish where such seizure or information shall be made And to the King for every Sheep imported into England VVales or Berwick after the 1. of Aug. and before the 20th of Decemb. in any year 10 s. to be recovered and levied as aforesaid This Act as to great Cattle or Sheep not to take place till the First of Aug. 1664. nor continue longer than the first Session of the next Parliament XII No Fresh-Herring fresh Cod or Haddock Coalfish or Gulfish shall be imported into England VVales or Berwick but in English built Ships and having Certificate thereof as aforesaid and which have been taken in Ships Navigated as aforesaid and not bought of strangers or strangers Bottoms upon pain of forfeiture of the same and the Ships or Vessells one moity to the King the other moity to the Informer to be recovered as aforesaid XIII For salted or dryed Fish imported in any other Ship or Vessel then English as aforesaid there shall be paid for Custome viz. Codfish the barrel 5 s. Codfish the Last containing 12 barrels 3 l. Codfish the Hundred containing 120 10 s. Coalfish the hundred 5 s. Lings the hundred 20 s. White Herrings the Last 12 barrels 1 l. 16 s. Haddocks the barrel 2 s. Gulfish the barrel 2 s. XIV Every person that shall plant Tobacco in England Wales Guernsey Jersey Islands and Berwick upon Tweed shall forfeit 10 l. for every Pole of ground so planted over and above the penalty in the former Act of planting Tobacco one third part to the King one third part to the Poor of the Parish where the offence is and one third part to him that shall sue for the same in any the Kings Courts of Record at Westminster And if any person resist execution of the said Act he shall be committed to the Goal till he have entred Recognizance with Sureties of 20 l. not to commit the like offence again Proviso for Gardens of the Universities and Surgery and Physick the quantity not exceeding half a Pole XV. It shall be lawful to import Cattel of the breed of the Isle of Man not exceeding 600 in one year And Corn of the growth of that Island out of it into England so as the Cattel be landed 〈◊〉 Chester Leverpool or Wire-water ☞ Treason I. Stat. De proditionibus 25 E. 3. Stat. 5. cap. 2. To compass or imagine the death of the King Queen or Prince to violate the Queen the Kings eldest daughter unmarried or the Princes wife to levy War against the King or to adhere to his enemies within the Realm giving them aid or comfort within the Realm or elswhere To counterfeit the Kings Great Seal or Privy Seal or his money to bring false money into this Realm counterfeit according to the money of England knowing the said money to be false to Merchandise or make payment with it to kill the Chancellor Treasurer or any Justice of either Bench Justices in Eyre Justices of Assize or any other Justices assigned to hear and determine being in their places doing their Offices is by this Statute declared to be High Treason And in the said cases that ought to be adjudged Treason which extends to the King or his Royal Majesty II. Forfeitures of Escheats pertain to the King of whomsoever the lands are holden III. There is another sort of Treason viz. Petty Treason when a servant kills his Master a Wife her Husband a Secular or Regular his Prelate to whom he oweth faith and obedience in such cases the Escheat pertains to every Lord of his own Fee IV. If any other case supposed Treason shall happen before any Justices they shall defer the judgment thereof untill the case may be declared before the King and his Parliament whether it ought to be adjudged
attainted of Treason so long as the attainder continues in force XXVI Stat. 1 M. Sess 1. No Act or offence shall be adjudged Treason petty Treason or misprision of Treason but such as be declared to be so by 25 E. 3. Stat. 5. cap. 2. XXVII Stat. 1 M. Sess 2.6 To counterfeit any forreign coin made currant in this Realm or the Queens Signet Manuall privy Signet or privy Seal shall be adjudged High Treason And all counsellors procurers and abettors thereunto shall also be deemed Traytors XXVIII Stat. 1 2 P. M. 10. Tryal of Treason shall be according to the course of the Common Law and not otherwise XXIX The right of all others is saved XXX Concealment of High Treason shall be adjudged misprision of Treason and shall incur punishment accordingly XXXI Also in cases of High Treason concerning coin and for counterfeiting the King or Queens Signet privy Seal Great Seal or Signet Manual such tryal shall be observed as heretofore hath been used by the Common Law XXXII Stat. 1 2 P. M. 11. If any person bring from beyond Sea into this Realm or any of the Dominions thereof any false and counterfeit coin of money allowed to be currant in this Realm knowing it to be so with intent to utter the same here by Merchandizing or otherwise both he and his accessaries shall be adjudged offenders in High Treason and shall be adjudged and convicted or attainted for the same by such evidence and in such form as hath been used within this Realm before the first of E. 6. XXXIII Stat. 5 El. 11. Clipping washing rounding or filing for lucre sake any of the proper moneys or Coins of this Realm or the Dominions thereof or of forreign Moneys or Coins allowed to be currant here shall be adjudged High Treason and the offender herein together with his accessaries being thereof attainted shall suffer death forfeit all his goods and his lands also during life XXXIV They who have any grant of forfeitures of lands or goods within any Liberty or Precinct shall in this case also enjoy them XXXV These offences make no corruption of bloud nor forfeiture of Dower And here tryal of a Peer shall be by his Peers XXXVI Stat. 18 El. 1. If any person shall for lucre sake by any wayes or means whatsoever impair diminish falsify scale or lighten the Coins of these Dominions or the Coins of any other Realms allowed to be currant here during the time they are so allowed it shall be adjudged Treason and the offenders therein their Counsellors Consentors and Aiders shall suffer death forfeit all their goods and chattells and their lands also during life XXXVII Howbeit this offence shall cause no corruption of bloud or forfeiture of Dower and the tryal of a Peer shall be by this Peers XXXVIII Stat. 29 El. 1. No Record of Attainder of Treason shall be reversed where the party attainted is executed for the same offence XXXIX Stat. 13 Car. 2. cap. 1. It shall be Treason in any persons whatsoever during the Kings life within the Realm or without to compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the King or to deprive or depose him from the stile honour or Kingly name of the Imperial Crown of this Realm or of any other his Dominions or Countries or to levy War against him within or without the Realm or to move or stir any forreiner or stranger with force to invade this Realm or any other the Kings Dominions or Countreyes being under his obeysance And such compassings Imaginations Inventions Devices or Intentions that any of them shall express utter or declare by any Printing Writing Preaching or Malitious advised speaking being legally convicted thereof upon the oaths of two lawful and credible Witnesses upon Tryal or otherwise convicted or attainted by due course of Law Every such person shall be adjudged a Traytor and suffer pains of death and forfeit as in cases of Treason Vide Title King Numb VII XL. Stat. 12 Car. 2. cap. 30. Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and others attainted of High Treason for the horrid Murther of King Charles the first Vide the Act at large XLI Stat. 13 Car. 2. cap. 15. The pains Penalties and forfeitures imposed upon the Estates and persons of certain notorious offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion Trespass I. The Statute of Glocester Cap. 8. 6 E. 1. Sheriffs shall plead pleas of Trespass in their Counties as they have been accustomed to be pleaded II. None shall have Writs of Trespass before Justices unless he swear by his faith that the goods taken away were worth 40 s. at least III. If he complain of beating he shall answer by his faith that his plaint is true but for maims and wounds a man shall have his Writ as before hath been used IV. The Defendants in such pleas may make their Attorneys where Appeal lyeth not so that if they be attainted of Trespass being absent the Sheriffs shall be commanded to take them and they shall incur like pain as they should have had if they had been present at the Judgment given V. If the Plaintiffs in such Trespasses cause themselves to be Essoined after the first appearance day shall be given them till the coming of the Justices and the Defendants in the mean time shall be in peace VI. In such pleas and others where attachments and distresses do lye if the Defendant Essoin himself of the Kings service and do not bring his warrant at the day given by the Essoin he shall recompence the Plaintiffs damages for his Journey 20 s. or more at the discretion of the Justices and besides shall be grievously amerced to the King VII Stat. 43 El. 7. If any shall be convicted by his own confession or by the Testimony of one Witness upon Oath before one Justice of Peace or Head-Officer to have unlawfully cut and taken away any grain growing robbed any Orehard or Garden digged up or taken away any Fruit-Trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or Head-Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the Order then shall the said offender be by them or either of them respectively committed to the Constable or other Officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping VIII The Constable or other
demandant shall be also received if the tenant will abide thereupon but if not the tenant shall be compelled to another as before unless the Vouchee be present and will immediately enter into Warranty and then also the demandant may have like exception as before V. If the Tenant have a deed that comprised Warranty of another man his recovery by a Writ de Warrantia carta out of the Chancery shall be saved to him howbeit the plea shall not be delayed by reason thereof VI. The Stat. of Glocester 12. 6. E. 1. If a man impleaded for a tenement in London vouch a foreigner to Warranty he shall have a Writ out of the Chancery to summon the Warrantor at a certain day before the Justices of the Bench and another to the Mayor and Bailiffs of London to surcease the matter before them until the plea of the Warranty be determined in the Bench and when the plea at the Bench shall be determined then shall the Vouchee be commanded to go into the City to answer the chief plea and a Writ shall also be awarded at the Demandants suit by the Justices to the Mayor and Bailiffs to cause them to proceed in the plea And if the Demandant recover against the tenant the tenant shall come before the Justices of the Bench who shall direct a Writ to the Mayor and Bailiffs to cause the land so lost by the tenant to be extended and valued and to return that extent at a certain day unto the Bench and after the Sheriff of the County where the Warranty was summoned shall be commanded to deliver to the Voucher land of the Vouchee answerable in value to the land that the Voucher hath lost See a correction and some inlargement of this Statute 9 E. 1. VII West 1.6 13. E. 1. As the tenant shall lose the land in demand in case where his Vouchee dischargeth himself of the Warranty so also shall the Vouchee lose where he denieth the Warranty and it be tried against him Also where an Enquest is depending between the tenant and his Vouchee and the Demandant will require a Writ to cause the Jury to come it shall be granted him VIII The Statute of Vouchers 20 E. 1. This counterplea of Voucher viz. that neither the Vouchee nor his Ancestorâ— had ever any thing in the land so that he might a feofment make with Warranty shall be received albeit the Vouchee be ready to enter into Warranty IX Stat. 14 E. 3.18 Where the tenant voucheth to Warranty â— dead-man the Demandant shall be received to aver that the Vouchee is dead and that there is none such Upholsters * I. Stat. 11. H. 7.19 None shall put to sale in Fairs or Markets any Featherbeds Bolsters or Pillows except such as are stuffed with one sort of stuff viz. dry pulled feathers or clean down and not with scalded feathers fen-down or any other unlawful corrupt stuff in pain to forfeit the same Howbeit any for their private use may make or cause to be made any such unlawful stuff or wares so as the same be not exposed to Sale in Fairs or Markets upon the like pain II. Also Quilts Mattresses and Cushions shall be stuffed with one sort of stuff only viz. clean wooll or clean flocks and not with horse-hair Fen down Nets-hair Goats hair or other unlawful stuff in pain to forfeit the same * III. Stat. 5. 6 E. 6.23 None shall make to the intent to sell or offer to be sold any Fether-bed Bolster or Pillow except the same be stuffed with dry pulled feathers or clean down only without mingling of scalded feathers Fen-down Thistle-down Sand Lime Gravel or other unlawful or corrupt stuff in pain to forfeit the same so offered to be sold or the value thereof IV. None shall make to the intent to sell or offer to be sold any Quilt Mattress or Cushions stuffed with any other stuff then feathers wool or flocks alone in pain to forfeit the same so sold or put to sale or the value thereof V. The Forfeitures aforesaid are to be divided betwixt the King and the Prosecutor Uses I. Stat. 1. R. 3.1 All grants conveyances recoveries and other assurances made by Cestuy que use being of full age compos mentis and at large shall be good against him and all others claiming as his heir or heirs or to his use But here the right of all others is saved II. Stat. 1. H. 7.1 The Demandant in a Formedon in descender or remainder may have his Action against the Pernor of the profits and such Pernor shall have such Voucher Lyen aids prayer and all other advantages as he should have if he were tenant indeed or his Feoffors should have if the action were brought against them And if such Pernor happen to die his heir being within age his heir shall also have his age and all other advantages as if his ancestor had died seised of the land in demand Also all recoveries had against such Pernors their Heirs or their Feoffees or Cofeoffees and their heirs shall be as good as if such Pernors were tenants indeed or feoffees to their use at the time of such actions brought III. Stat. 3. H. 7.4 All Deeds of gift of goods and Chattels made in trust to the use of the grantor shall be void IV. Stat. 19. H. 7.15 The Sheriff or other Officer having a Writ to execute upon lands against any person upon any Judgment Statute or Recognisance may deliver Execution to the Plaintiff of all lands and tenements whereof any other is seised to the use of him against whom execution is so sued V. Also the heir of Cestuy que use of land in soccage shall pay relief Herriot and all other duties to the Lord of the Fee as if his ancestors had died seised thereof VI. Howbeit upon such execution served as aforesaid Cestuy que use shall have all such advantage as he might have if he were seised of the land VII Cestuy que use being a bond man the land may be seised by his Lord. VIII Stat. 27. H. 8.10 Where any person or persons stand or be seised of any Honours Mannors Lands Tenements Rents Services Reversions Remainders or other Hereditaments to the use confidence or trust of any other person or persons or of any body politick by reason of any bargain sale feofment fine recovery covenant contract agreement will or otherwise In every such case every such person and persons and body politick having such use conâ—dence or trust in fee-simple fee-tail for life or years or otherwise or any use confidence or trust in remainder or reverter shall stand and be seised deemed and adjudged in lawful seisin estate and possession of and in the Honours Castles c. with their appurtenances of and in such like Estates as they have in use trust or confidence of or in the same And the estate title right and possession of such person or persons as are seised of any Lands Tenements or Hereditaments to the
be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accompts for the fees of the Justices and Clerks of the Peace as is used in England CI. The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able persons in every of the said twelve Shires to be Sheriffs thereof and shall certify their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriff shall have their Pattents under the Great Seal of England and shall make oath and acknowledg recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just accompt before the Kings Auditors assigned for Wales CII The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and Precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly accompt to the Auditor or Auditors assigned by the King for VVales and shall each of them have yearly for his fee 5 l. CIII All Officers and other persons in VVales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and process from any of them directed and all lawfull and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices CIV Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledg Recognizances before the President or one of the Justices by a Dedimus for the due execution of their Offices and for their true account before the Kings Auditor or Auditors to be assigned for that purpose which oath and recognizance shall be agreeable to those used for Escheators in England CV Such Escheators shall yearly have their Pattents under the Great Seal and shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum free-hold and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales CVI. There shall be also two Coroners elected for each of the said 12 Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester ☞ CVII The Justices of Peace or two of them 1. Qu. shall appoint in every hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England CVIII The Sheriff shall have a Goal in a place of the Castle of the Shire-town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailâ—ffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CIX Sheriffs shall keep their Counties Monthly and their Hundred-Courts for pleas under 40 s. and shall take for entring of plaints process pleas and judgments there as is used in England and not above Also all tryals in such Courts or before Stewards in Court Barons shall be by Wager of Law or verdict of six men at the election of the party Plaintiff or Defendant that pleads the plea. CX Sheriffs shall hold their Turns yearly after Easter and Michaelmas as is used in England CXI The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turnes to his own use and the Sheriff shall account for the same accordingly having been first affered by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so affered in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CXII Certain fees which the Sheriff is to have for the return and execution of divers writs For which see the Statute at large CXIII Every Sheriff within this limit may put suspitious persons under common main-prise according to the Statute of 37 H. 8.26 which see before binding them with two sufficient Sureties by recognizance to appear before the Justices at the next great Sessions and shall then also certify the names of the parties so bound without concealment CXIV The Sheriffs fee for taking such common main-prise is 2 d. but he shall take no fee for the return of any writ of execution unless he return the same executed CXV The fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CXVI None for murder or felony shall be put to his fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CXVII The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CXVIII Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXIX If any forreign plea or voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole record unto the Justice that sent it who thereupon shall proceed to Judgment as
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
be of as good force as the orignal record it self CLIX. The Justices Clerks may write out and enroll the said Records but shall not carry them out of their offices CLX No Fine or Recovery heretofore levied or suffered shall after exemplification be amended CLXI This Act shall not prejudice the heirs of Sir Edward Gray Knight Lord Powis or Sir Edward Herbert Knight his heirs or assigns or Henry Vernor or John Vernor Esquires their heirs or assigns concerning any fine levied or recovery suffered by or against the said Lord Powis of Lands in the County of Mountgomery Nor to Henry now Earl of Kent concerning any lands in Wales whereunto he pretends title Walsingham I. Stat. 35 H. 8.13 The Demesne Lands in Walsingham belonging to the late Priory there may be let by Copy and shall hereafter be Copyholds Wapping-Marsh I. Stat. 35 H. 8.9 An Act for the Partition of Wapping-Marsh Wards I. Magna Charta 3. 9 H. 8.9 The Lord shall take homage of the heir within age before he have the Wardship and such heir after he hath been in ward shall at his full age of 21 years have his Inheritance without relief or fine and if the heir within age be made a Knight yet his Land shall remain in Ward untill his full age aforesaid II. Magna Charta 6. 9 H. 3. Heirs shall be married without disparagement III. Magna Charta 27. 9 H. 3. If any hold of the King by Fee-farm Soccage or Burgage and holdeth lands of another by Knight-service the King shall not have the custody either of the heir or land by reason of the tenures in Fee-farm Soccage or Burgage Neither shall he have the custody of such Fee-farm Soccage or Burgage except Knight-service be due to him out of such Fee-farm Also by reason of petty Serjeancy viz. to pay a Knife Arrow or the like the King shall not have the custody either of the heir or land IV. Merton 6. 20 H. 3. Where heirs are led away and withholden or married by their Parents and others with force against the Peace if a Lay-man be convict thereof he shall render to the party the value of the marriage and remain in prison until he hath satisfied the same if the child be married and besides until he hath satisfied the King for the trespass Howbeit this is to be understood of an heir within age of 14 years V. If an heir 14 years old or above marry himself without licence of his Lord to defraud him of the marriage and his Lord offer him reasonable and convenient marriage without disparagement the Lord shall retain the Land beyond the term of his full age until he may receive the double value of the marriage according to the estimation of lawful men or as was offered him before without fraud or collusion and as it may be proved in the Kings Court. VI. If Lords marry their heirs to Villains Burgesses or others whereby they are disparaged such heir being then within the age of 14 years In this case upon complaint of the Wards friends the Lord shall lose his Wardship and the profits thereof shall be by friends converted to the use of the heir But if it be 14 years old or above and consent to such marriage no pain shall insue VII Merton 7. 20 H. 3. If an heir of what age soever he be will not marry at the request of his Lord he shall not be compelled thereunto But when he is of full age he shall pay his Lord before he receive his land as much as any would have given the Lord for the marriage And that whether the heir will marry himself or not for of right the marriage of the heir within age pertaineth to the Lord. VIII Marlbr 6. 52 H. 3. Where any enfeoff their eldest sons and heirs within age of the Inheritance with purpose to defraud the Lords of their Wardships It is accorded that by occasion of any such Feoffment no chief Lord shall lose his Ward IX As for such as feign false Feoffments of their land which they would deliver out for term of years with purpose to defraud the chief Lords of their Wards in which Feoffments is contained that they are satisfied of the whole service due unto them until a certain time so as such Feoffees are bound at the said term to pay a certain sum to the value of the same lands or far above so that after the end of such term the land shall return to such Feoffors and their heirs because no man will be content to hold it at the price It is accorded that by such fraud no chief Lord shall lose his Ward Howbeit the Lords shall not disseize such Feoffees without judgment but shall have a Writ of Ejectione custodiae to recover the Ward And when by the witnesses to the Feoffment with other lawful men of the Country the value of the land and the quantity of the sum payable after the term it shall be tryed whether such Feoffments were made bona fide or by Collusion as aforesaid And if the chief Lords in such cases recover their Wards by judgment the Feoffees nevertheless may have their action to recover such term or fee which they had therein when the heirs come to their lawful age X. Where chief Lords maliciously implead such Feoffees feigning this ease when the Feoffments were made bona fide in such cases the Feoffees shall recover against the chief Lords their damages and costs and besides the Plaintiffs shall be punished by amerciament XI Marlbr 7. 52 H. 3. In a plea of Communi Custodia if the deforceors come not at the great distress that Writ shall be renewed twice or thrice at such terms as it may be done in within the half year following so as at every such time the writ may be read in open County if the deforceor be not found before and be there openly proclaimed that he may appear at the day limited and if he come not in to answer within the half year nor the Sheriff can take his body to answer before the Justices according to Law then as a Rebel and one that will not be justified he shall lose the seisin of the Ward saving to him at another time his Action if he have right to the same XII Howbeit where the Wardship belongs to the Guardian of Wards being within age and where Guardians demand a Wardship which belongeth to the heir such heirs within age shall not lose their inheritance by the negligence of their Guardians as in the case aforesaid but in such cases the Common Law shall run as hath been accustomed XIII Marlb 17. 52 H. 3. Guardians in Soccage shall make no waste sale or destruction of the heirs inheritance but safely keep the same to the use of the heir and when he cometh to age shall answer him the issues thereof by a lawful accompt saving their reasonable costs Neither shall such Guardians sell the marriage of such heir but to his advantage and
the Kinsfolk that have such Ward from the time that Writs of impleading have not been granted which seems to be by Magna Charta 27. See before 3. shall have such Wardship to the heirs advantage without making waste sale or destructions as aforesaid XIV West 1.21 3 E. 1. Guardians shall keep the Lands in Ward without destruction according to Magna Charta so also shall Archbishopricks Bishopricks Abbacies Churches and all spiritual dignities be kept in time of vacation XV. West 1.22 3 E. 1. The Statute of Merton 6. before 4. as to the marriage of heirs without their Guardians consent is confirmed XVI The Lord may hold the land of heirs females two years after their age of 14. within which two years if he marry them not they shall go quit without giving any thing for the Wardship or Marriage and if they will not accept a convenient marriage tendered by the Lord he shall hold their land till their age of 21 years and over untill he have taken the value of the marriage XVII West 2.16 13 E. 1. Where one holdeth sundry lands of divers Lords by Knight-service that Lord shall have the marriage by whom the childs Ancestor was first enfeoffed without having respect to the sex or the quantity of the land but only to the more ancient Feoffment XVIII West 2.35 13 E. 1. Where children whose marriage belongeth to another are taken away the ravisher having no right to marriage albeit the ravisher afterwards restore the child unmarried or pay for the marriage yet for his offence he shall be punished by two years imprisonment and in case he do not restore or marry the child after years of consent and be not able to satisfie for the marriage he shall abjure the Realm or hav perpetual imprisonment and thereupon the Plaintiff shall have a Writ of Ravishment of Ward in this form XIX Si A. secerit te securum de clamore sue c. tunc pone per vad c. B. quod sit coram Justic c. oftensurus quare talem haeredem insâ—â—a aetatem existentem cujus maritagium ad ipsum pertinet tali loco inventum rapuit abduxit contra voluntatem ipsius A. contra pacem nostram c. XX. If the heir be in the same County then this clause is to be added Et diligenter inquiras ubi ille haeres sit in baliva tua ipsum ubicunque fuerit inventus capias salvo secure custodias ita quod eum habeas coram praefat Justic nostris ad praefat terminum ad reddendum cui praedictorum A. vel B. reddi debeat XXI Process shall be made against the offender by distress if he have whereby to be distrained or else for his contumacy he shall be outlawed XXII If the heir be married or carried into another County the Writ shall be directed to the Sheriff of that other County in this form Questus est nobis A. quod B. nuper talem haeredem infra aetatem in custodia sua existentem tali loco in tali Comitatu rapuit de Comitatu tali ad talem locum in Com. tuo abduxit Contra voluntatem ipsius A. contra pacem nostram c. Et ideo tibi praecipimus quod praedicium haeredem ubicunque in baliva tua invenire poteris capias salvo secure eum custodias Ita quod eum habeas coram Justic nostris c. tali dic quam idem A. habet versus praedict B. ad reddendum cui de jure reddi debeat XXIII The death of the heir before he can be found or restored to the Plaintiff shall not stop the Suit nor excuse the ravisher from punishment or if the Plaintiff die his heir shall revive the Suit if the right did belong unto the Plaintiff by reason of his proper fee but if it were by gift sale or the like the suit shall be revived by his Executors or in case the Defendant die the suit shall be re-summoned betwixt the Plaintiff his heirs or executors and the Executors of the Defendant or his heirs if the Executors be not sufficient to satisfie the value of the marriage but not as to the pain of imprisonment for none shall be punished for anothers offence XXIV Also in a Writ de Communi custodia if either party die hanging the Suit resummons shall be made betwixt the heirs and executors of the Plaintiff and the heirs and executors of the Defendant and when they have passed to the great distress day shall be given within which time three Counties may be holden at least in every of which proclamation shall be made that the deforceor shall appear in the Bench at the day contained in the Writ to answer the Plaintiff at which day if he come not and the proclamation be returned once twice or thrice the Judgment shall pass for the Plaintiff saving the defendants right if after he will claim it The like also shall be done in a writ de ejectione custodiae XXV The Stat. of Wards and Reliefs 28 E. 1. where any relief is given there Wardship is incident contra XXVI Unto Grand Serjeancy viz. to go with the King in his Host ward and relief are incident but not to petty Serjeancy as to bear shield or spear there XXVII A free Sokeman shall neither give ward or relief but shall double his rent after the death of his Ancestor and shall not be unmeasurably grieved XXVIII There are two kinds of Writs to recover Wards viz. the one is where land is holden in Knight-service and the other where it is holden in soccage The Ward of Land in Knight-service belongs to the Lord and the marriage also which ought to be without disparagement untill he attains to the age of 21 years XXIX The Ward of an Heir that holdeth in soccage if the land descended on the mothers side belongs to the next friend on the Fathers side contra XXX There are three manner of Writs to recover Wards 1. When both the land and heir is demanded called a Writ de Communi custodia and in this case the chief Lord shall recover both the Ward and marriage 2. When the tenant hath purchased lands holden of several Lords in which case the Lord of whom the land last purchased is holden shall neither have the land nor heir but the Lord that first enfeoffed the tenant shall have them 3. When one hath lands by reason of a Ward but hath not the Heir here he may have a Writ to demand the heir and not the land and this is called a Writ of Ravishment of Ward XXXI Prerog Reg. 1. 17 E. 2. The King shall have the Ward of all lands holden of him in chief by Knight-service whereof the Tenant dyed seised of whomsoever they hold by like service so as they held anciently any land of the Crown until the Heir came to his lawful age except the fees of the Archbishop of Canterbury the Bishop of Duâ—â—sme