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
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-â—elivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrahâ—m Baker for making of Smalt nor to that of Edward Lord Dudlâ—y for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H iâ—s of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester ☞ Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
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
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
shall be supplied out of the rest presented or by other such Citizens at the discretion of the said Mayor and six Aldermen XXI Pleas of Attaints commenced in London shall be tried there by Inquests of the same City and not elsewhere XXII In an Attaint there no challenge shall lie for lack of sufficiency in estate XXIII The Judgment in such an Attaint shall not extend to lands or tenements nor yet to other punishment of the petty Jury or other processes then such as are limited by this Act. XXIV In such an Attaint if the petty Jury be attainted Judgment shall be given against the Defendant as at the Common Law and against the petty Jury to forfeit each of them 20 l. or more at the discretion of the Court to be employed as other penalties forfeited before them and to suffer six moneths imprisonment or less at the like discretion of the Court and to be for ever after disabled to be a Juror XXV But if the verdict be affirmed the Grand Jury shall-further inquire the corruption of the petty Jurors and if any of them be found to have taken any reward or promises thereof he shall forfeit ten times the value thereof to the Plaintiff and shall further incurr imprisonment and disability to be a Juror as aforesaid The like forfeiture also and imprisonment shall be inflicted upon the Tenant or Defendant that shall give such reward or promise but this last forfeiture shall accrue to the City in manner aforesaid XXVI If a debt costs or dammages are recovered in the first Action whereupon the Attaint is brought and that verdict found false the Plaintiff in such Attaint may sue for restitution of such debt costs and dammages by Writ Bill or Plaint in any of the King's Courts wherein no wager of Law shall be admitted XXVII In such an Attaint if the Plaintiff be non-suit or the first verdict affirmed the Plaintiff shall be imprisoned and make fine to the use of the City at the discretion of the Court. XXVIII Where there are one or more Plaintiffs if any of them die or be non-suit and albeit all the Tenants or Defendants and some of the petty Jury die yet shall not the Attaint abate so that two of that Jury remain in life XXIX The Grand Jurors that make default shall forfeit for the first forty shillings for the second five pounds and for every other afterwards ten pounds XXX Such process shall be made against the Jurors and parties in this Attaint as is usually made in Attaints at the Common Law and shall be returnable at every Hustings XXXI The Attaint shall not remain to be taken after the first summons for the default of the Tenant or Defendant or any of the petty Jury neither shall any essoign be allowed in the same XXXII When the trial is to be per medietatem linguae the Mayor and Aldermen shall impannel half strangers worth an hundred pound a piece XXXIII Stat. 23 H. 8.3 Upon every untrue Verdict before Judges of Record except where the thing in demand extendeth not to the value of 40 l. or concerneth life the party grieved shall have an Attaint against the petty Jury and also against the party that hath the judgment thereupon XXXIV The Processes here shall be summons re-summons and distress infinite as well against the petty Jury and party as against the Grand Jury who shall be of the accustomed number and have lands of the yearly value of 20 marks out of ancient demesne XXXV The distress shall be awarded 15 daies before the return thereof and shall be made upon the land of every one of the Grand Jury as is used in other distresses XXXVI Albeit the Defendant or petty Jury or some of them appear not yet the grand Jury shall proceed XXXVII If any of the petty Jury appear the Plaintiff shall assign the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the Writ Processes Return and assignment be good but that they made true serement which shall be tried by 24 of the Grand Jury unless the Plaintiff hath before been non-suit or discontinued his suit or had judgment against the same Jury for the same Verdict XXXVIII Howbeit the Defendants may plead that they gave a true verdict or any other matter which may barr the Attaint but notwithstanding such plea the Grand Jury shall nevertheless inquire whether the first Jury gave a true verdict or no. XXXIX If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided betwixt the King and the Plaintiff and incurr several fines at the discretion of the Justices and be ever after disabled to give testimony in any Court XL. If the Defendant's plea in bar be found against him the Plaintiff shall have judgment to be restored to that he lost with his reasonable costs and dammages XLI Outlawry or Excommunication shall be no plea against the Plaintiff in Attaint and in the aforesaid process such day shall be given as in dower but no essoign or protection allowed XLII If the Grand Jury appear not so that the petty Jurie's verdict remains untried the defaulters shall upon the first distress forfeit 20 s. upon the second 40 s. and upon every default after 5 l. The like penalty is also to be inflicted upon the Tales XLIII The Attaint is maintainable so long as any two of the petty Jury are alive XLIV An Attaint shall also lie for a personal thing under the value of 40 l. in manner aforesaid save onely that in such case the Grand Juror is to have lands worth 5 marks per annum out of ancient demesn or to be worth 100 marks in goods and the forfeiture of each petty Juror shall be but 5 l. XLV For want of sufficient Jurors in one County a Tales shall be awarded into another County at the discretion of the Justices XLVI An Attaint shall also lie for him in reversion or remainder And also in Attaint if the Plaintiff be non-suit or discontinue the suit he shall be fined at the discretion of the Justices XLVII All Attaints shall be hereafter taken in the King's Bench or Common Pleas and not elsewhere and Nisa prius shall be granted upon the distress at the discretion of the Justices also any of the petty Jury may appear and answer by Attorney XLVIII As concerning the forfeitures the several moieties shall be recovered by the King and parties respectively by Ca. sa or Fi. fa. or Elegit or Action of debt against each of the petty Jury their Executors or Administrators having then sufficient goods of the Testators not administred XLIX Judgment and Execution of restitution to the Plaintiff and of discharge of restitution to the Tenant or defendant shall be given and had as in case of a grand Attaint hath been used L. The Non-suit or release of one Plaintiff shall not prejudice his companions LI. In every
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
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
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
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-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
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
16 Gaol-delivery Justices of G. D. Garnishment Deceipt 3 Gavel-kind Forfeiture 4 Wales 148 Gauging Pag. 262 Weights 50.60.65.66 General Issue Evidence 1 Gigmils Pag. 264 Girdles Cordwainers Glamorgan Sewers 34 Glass-men Vagabonds 15.22 Glocester Forfeiture Gold Silver and Goldsmiths Pag. 264 Grafton Honours Grants Pag. 268 Greenwax Estreats 8. Sheriffs 4. Green-hue Forrests 16.22 Guilds and Fraternities Monasteries Guns Gunners Cross-Bows Gun-powder Pag. 268 Gun-powder Treason Service and Sacraments H. HAbeas Corpus Corpus cum causa Hadenham in the Isle of Ely Appropriations 2 4. Hampton Court Honours Hand-guns and Haque-buts Playes Handy-crafts Artificers Hats and Caps Pag. 268 Norwich 4 c. Havens and Kivers Pag. 270 Approvements 11. Customs 13 Newcastle Weares Hawks and Hawkins Pag. 272 Feasants Fish 42. Forests 13. Heirs Admeasurement of Dower Age. Courts 22. Debt to the King 21 c Dower 6 Mortdancester Prochein Amy. Hemp. Flax. Herrings Clapboard 5. Fish Herens Hawks Heramshire Pag. 272 Hides Cordwainers Hearth-money vid. King Numb 9. Highwaies Pag. 272 Banks 6 Robberies 7 8. Holborn Paving Holy-dayes and Fasting-dayes Pag. 280 Cordwainers 44 Ships 27 c. 5. Homage and Fealty Pag. 281 Honours Pag. 281 Honey Forests 13 Wax 7 c. Hops Pag. 282 Horners Pag. 282 Horses Mares and Cattell Pag. 283 Fairs 12 c. Hospitalls and Hospitallers Pag. 285 Election First-fruits 45 Templers Hounslow-heath Pag. 288 House-breaking Clergy 40. Houses of Religion Monasteries Houses of Correction Hospitals Poor people Vagabonds 1 5 13 26 c. Hoyes Ships 14 22 53. Hull Pag. 289 Ships 18 Hundreds Pag. 289 Sheriffs Hunters Hunting Pag. 289 Feasants 11 12 Fish 42 Forest Husbandry Tillage Pag. 291 Hue and Cry Robbery Jane Dudley Deeds and Writings I. IDentitate nominis Pag. 291 Ideots Escheators 40 Fools Ieofail Pag. 291 Repleader Jesuits and Seminary Priests Crown 53 c. 82 Isse of Wight Pag. 292 Images Books Importation Drapery 1. 50 Imprisonment Prison Incontinency of Priests Pag. 293 Incumbent Pag. 293 Parson Indicavit Pag. 293 Indictments Pag. 293 Certificate of the c. Clergy 8 Demurrers 2 Process Infants Crowns 90 c. 137.139 Fines 17 c. Infections Pag. 294 Informers Pag. 295 Actions popular Inholders Alehouses Victuallers Inmates Cottages Inns of Court and Chancery Crown 27 Inrollments Pag. 296 Error 9 10. Grants Felony 23 Installments Mortmain 10 Intrusion Pag. 296 Inventory Administrators Executors Invasion Armour 2 Joynt-Tenants and Tenants in Common Assises 13 Essoin 5 Partition Suit 5 Ipswich Pag. 297 Ireland Pag. 297 Staple 4.26 Iron Pag. 299 Woods 17 c. Journey-man Corporation I Iudgment Pag. 299 Demurrers Error Felony 23 Iudicial proceedings Pag. 299 Iurisdiction Pag. 300 Iuris utrum Pag. 300 Assises 14 Discontinuance of process 3 Essoin 4 Iurors Pag. 300 Attaint 15 c. Attorney Challenge Cross-bows 12 Decies tantum England and Scotland 4.13 Escheators 2.8.23 Essoyn 2 Execution of Statutes Fish 38 c. Forcible Entry 5 Forrests 35 Indictments Informers 4 Lancaster Pannel Sheriffs 27.71 c. Triall Staple 19 Wales 5. Iustice and right and Iustices Pag. 306 Accusation 1 c. Armour Distresses 4 Merchants Staple 14 Iustices in Eyre Pag. 307 Atturney 3 Treason 1 Iustices of Assise Pag. 308 Aliens 14 Armour 4 Commission 1 Cordwainers Corn 9 Coroner 9 Corporation 1 Cottages Counterfeit Letters Crown Discontinuance of Process Felony Feasants Fines 15 Forger of false Deeds High-wayes Jurors Justice 5 Justices of Goal-delivery Labourers Linnen cloth Liveries Mouy 30 Musters Nisi prius Non-suit Offices 11 Parliament Perjury Playes Prison Prophesies Records Return of Sheriffs 10 Riots Robberie Service and Sacraments Treason 1 Usury Wines Women 8 Iustices of both Benches Pag. 309 Attorney 3 c. Books 4 Chancery Commission 1 2 Crown 19 63 Error Escheators 1 Execution of Statutes Executors 9 10 11 Justice Nisi prius Offices 11 Parliament Prison Robbery Sewers 7 Sheriffs 7 Treason ◠Usury Wines Iustices of Coal-delivery Pag. 310 Actions popular Cordwainers Crown 44 c. Discontinuance of Process 6 7 Felony Justice 5 Justices of Assise 5 6 10 Murder Panel Parliament Perjury Playes Prison Records Robbery Ships 47 Treason 1 Wales Justices of Oyer and Terminer Oyer and Terminer Crown 46 Discontinuance of process Exigent 3 Forger of false Deeds High-wayes Justices of Peace 4.22 Labourers Linnen cloth Prophesies Records Robberies Service and Sacraments Treason 1 Usury Iustices of Peace Pag. 310 Actions popular Ale-houses Armour Arrow-heads Banks 3 Bastardy 3 c. Brass c. Butter Calves 3 c. Captains Chester 2 c. Clergy 16 Clerk of the Market Commission 2. Cordwainers Corn Coroner 9 Cottages Counterfeit Letters Coopers Cross-bows Crown Discontinuance of process 1 Drapery 18 48 49 68 114 116 142 209 229 234 c. 247 291 297. England and Scotland Escheators 18 Fairs and Markets 15 19 Felony Feasants Fines 16 Fish 23 c. Forcible Entry Forestallers Franchises 26 Fuel Gold Havens 3 High-wayes Holy dayes Horses Hunters Indictments Informers Ireland 15 Justices of G. D. Labourers Linnen clolh Mainprise Malt Money 30 41 Musters Nisi prius 6. Panel Parliament Severn Paving Perjury Physicians 27 Plague Playes Poor people Prison Processes Prophesies Riots Robberies Service and Sacraments Sewers 12.37 Sheep Sheriffs 49 c. Ships 4 Swearing and cursing Ties Tindale Tithes Trespass Vagabonds Victual Victuallers Uniuersities Usury Wales Watches Wax Weares Weights Wild-fowl Wines Woolls 25 Justices of the Forests Forests K. KEepers of the Great Seal of England Pag. 313 Kerseys Drapery King Pag. 313 Advowson 10 11 12. Challenge Courts Crown Damages 12 Debt to the King Discontinuance of process 2 Essoin 13 False Judgment Fools Forfeiture Franchises Justice Patents Treason Kings-Bench Attaint 47 Exigent 3 Treason 10 13 Kings Letters Excommunication 2 Knights Pag. 320 L. LAbourers Servants and Apprentices Pag. 321 Actions popular 9 Cordwainers 26 Crown 119 Drapery 47 48 49 201 Hats and Caps 1 Iron Merchants 86 Lancaster Pag. 327 Certificate of the c. 5. Crown 8 Courts 27.29.32 Exigent 15 Fines 31 First-fruits 44 Hospitals 16 c. Justices of Assise 16 Wales 149.152 Latten Brass Lead Merchants 18 21. Staple Leagues and Truce Breakers of Leagues and Truce Leap-year Dayes in Bank 1. Leases Pag. 328 Leather Pag. 332 Action popular 10 Cordwainers Merchants 18 21 Staple 4 22 c. Taxes 4 Wooll Lée-River Pag. 332 Chelsey Leet Pag. 332 Cottages 2 3. County Cross-bows Crown 27 Drapery 48 49 Letters of Mart Merchants 24 Letters Patents Patents Lewes County 5 Libell Pag. 333 Liberty Accusations Amerciaments 1 Liberties Franchises Limitation Pag. 333 Lincoln Attaint 11 12 Linne Pag. 336 Approvements 11 Worsteds Linnen cloth Pag. 336 Livery and Ouster le main Pag. 336 Liveries of Companies Retainers Pag. 337 Loan Taxes Lockeram Linnen cloth London Pag. 337 Attaint 18 c. 53 54 Butchers Butter 4 Captains 38 Challenge 3 Cordwainers 39 c. Damages 5 Debt 6. c. Franchises 23 36 Fustians Jurors 18 c. Monopolies 6 Paving Reccit Sewers 42
the Jurors come where the party is seen in the Court Essoin Ultra mare lieth not where the party hath had before an Essoin de mal venir It lieth not where the party hath Essoined himself another day where the Sheriff was commanded to make the party to appear Essoin de servitio Regis lieth not where the party is a woman it lieth not in a Writ of Dower or because the plaintiff hath not found pledges it lieth not where such a man's Attorney was Essoined where the party hath an Attorney in his suit where the Essoiner confesseth that he is not in the Kings service where the sommons is not returned or the party not attached upon non est inventus returned where the party was before Essoined de servitio Regis had not put in his warrant where the party hath been resummoned in Assize of Mortdancester or Darrein presentment It lieth not because such a one is not named in the writ nor where the Sheriff hath a Precept to distrain the party to come by his lands and goods nor where the Bishop was commanded to cause the party to appear nor for that the day is past XIV An Essoin de servitio Regis is allowed after the Grand cape Petit cape and distresses taken upon the lands and goods XV. Stat. De visu terrae An essoin de servitio Regis lieth not in a writ of Novel disseisin Dower Darrein presentment or Appeal Vide Rast Essoin 13. Estrepement I. Glocester 13. 6 E. 1. No wast shall be made hanging a suit for the land ☞ Estreats I. West 1.44 5 E. 1. If tenant or defendant make default after the first attachment returned the great distress shall be awarded whereupon if the Sheriff make no sufficient return he shall be amerced but if the return be that he hath done execution delivered the issues to the sureties day shall be given him to return them before the Justices when if the party appear he shall have them but if not the King shall have them and the Justices shall cause them to be sent into the King's Wardrobe and then deliver them into the Exchequer and the Justices in Eyre to the Sheriff of the County where they plead and likewise of forreign Counties who shall be charged therewith by the Rolls of the Justices II. Stat. De forma mittendi extractus ad scaccarium 15 E. 2. Vide Rast Estreates 2. First all fines to have writs and all other fines wherein the sum is expressed of one County for the whole year which are to be sent into the Exchequer entred in the streat of themselves in one place in order as they are entred in the Chancery Rolls together with the date of the day when such fine was made III. Next to them shall be entred Charters Letters Patents and Commissions in which any rent is due to the King or any accompt is to be made Then homages fealties writs of Diem clausit extremum reliefs and services IV. Then the names of all such as shall be assigned that year to hear inquire of or do any thing whereby fine amerciament or other profit may arise to the King to the end they may be sent to for the Estreats thereof And in the end of the Estreat redisseisins and surcharging of pastures V. Statutum scaccarii is confirmed and it is further ordained that the Justices of both the Benches the Warden of the forrest the Steward of the King's house and the Clerk of the Market shall in like manner yearly deliver their Estreats in the Exchequer The Steward of the King's house shall also send his Estreats yearly at the close of Easter term and the next day after Michaelmas VI. The Warden also of the Alnage shall yearly deliver his Estrears to the Treasurer containing all defaults of cloth contrary to the Assize and the Price at which he delivered them and also where when and by what warrant VII Divers other provisions for the King's Butler and Customers concerning wines imported VIII Stat. 42 E. 3.9 The party chargeable by the Estreats of green wax upon payment thereof shall see the schedules themselves under seal and the charge being paid it shall be totred by the Sheriff for default whereof if the party be afterwards damnified the Sheriff shall pay him treble damages to be recovered before Justices of Peace or other Justices and shall besides make fine to the King Also where the copies of the Estreat concern franchises they shall be delivered to Bailiffs of the Franchises under the Sheriffs seal which Bailiffs shall render an account thereof in the Exchequer by the same Copies IX Stat. 7 H. 4.3 The Justices and Judges before whom Issues or amerciaments are forfeit shall charge the Clerks of the Estreats where they are so forfeit by oath to express in their Rols the cause of such forfeit the term when the nature of the writ whereupon and betwixt what parties they were lost and that as well in the King's suit as in the parties X. The Statute of 42 E. 3.9 confirmed Evidence I. Stat. Ja. An Action being brought against a Justice of Peace Major or Bailiff of a Corporation Head-borough Pottreeve Constable Tithing-man or Collector of subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence II. Here if the verdict pass for the defendant or the plaintiff be non-suit or discontinue his suit the defendant shall be allowed double costs to be recovered as costs in other cases given to the defendant use to be recovered III. Stat. 21 Ja. 12. The Statute of 7 Ja. 5. is confirmed and Churchwardens Sworn-men and Overseers of the poor together with their Assistants are to be comprehended within the purview of the same Statute IV. An Action brought against any of the said Officers there Deputies or Assistants shall be laid in the County where the fact was committed and not elsewhere Exception I. West 2.31 13 E. 1. When the Justices will not allow a Bill of exception upon Prayer if the party impleaded render the same unto them in writing and requires their seals thereunto they or one of them shall do it II. If the Exception sealed be not put into the Roll upon complaint thereof to the King the Justice shall be sent for and if he cannot deny the seal the Court shall proceed to judgment according to the exception Excise I. Stat. 12 Car. 2. cap. 24. There shall be paid to the King his heires and successors the several rates and impositions following viz. Every barrel of Beer or Ale above 6 s. the barrel brewed by common Brewers or persons commonly selling the same 15 d Every barrel of Beer or Ale under 6 s. by such common Brewers or Sellers 3 d. Every hogshead of Sider and Perry sold by retail and payable by the retailer 15 d. Every gallon of Metheglin or Mead sold
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
such Steward do contrary to this Act he shall forfeit five pounds to be divided betwixt the King and the prosecutor IX This Act shall not prejudice the liberties of the Bishop of Duresm X. Stat. 1 R. 3.6 The Statute of 17 E. 4.2 is made perpetual XI Stat. 3 H. 7.9 Upon an Ordinance made by the City of London to prohibit Citizens to carry their wares to Fairs and Markets out of the City this Act gives them liberty and makes that Ordinance void and none shall trouble any Citizen for so doing in pain of 40 l. to be divided betwixt the King and the prosecutor * XII Stat. 2.3 P. M. 7. Every owner of a Fair or Market shall appoint a Toll-taker where Toll is taken or a Book-keeper where no Toll is paid to sit there from ten of the clock in the fore-noon till Sun-set in pain of 40 s. for every default XIII The Toll-taker or Book-keeper shall within one day after deliver unto the said owner a note of all the Horses sold there that day in pain of 40 s. which note the owner shall subscribe in like pain of 40 s. XIV Sale of a stoln Horse in a Fair or Market without entry in the Book as aforesaid and without staying there in open view by the space of an hour at least betwixt 10 of the clock and Sun-set shall not alter the property of the right owner but that he may by vertue of this Act seize or replevy him wheresoever he finds him XV. ☞ Justices of Peace in Sessions have power to hear determine the breach of this Statute and the forfeitures shall be divided betwixt the King and Queen's Majesties and the Prosecutor XVI Where no Toll is due the Book-keeper's fee for entring every contract is 1 d. and no more XVII Stat. 31 El. 12. Every seller or exchanger of an horse in a Fair or Market which being unknown to the Toll-taker or Book-keeper doth not procure one credible person that is well known unto him to vouch the sale of the same horse also every false voucher and the Toll-taker or Book-keeper that suffers such sale or exchange to pass shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor And besides the sale of such horse shall be void XVIII The names of the buyer seller and voucher and the price of the horse shall be entred in the Toll-book and a note thereof delivered to the buyer under the Toll-takers or Book-keepers hand for which the buyer shall pay 2 d. XIX Justices of Peace in Sessions have power to hear and determine these offences XX. Notwithstanding such sale and voucher as aforesaid the right owner or his executors may redeem a stoln horse if they claim him within six moneths after the Stealing at the Parish or Corporation where he shall find him and make proof by two sufficient witnesses before the next Justice of Peace in the Country or before the Head-officer of a Corporation that the horse was his and repay to the buyer such price for the horse as the same buyer shall upon his own oath before such Justice or Officer testifie to have paid for him XXI An accessary of an horse-stealer shall not have his Clergy False Judgment I. Marlbridge 20. 52 H. 3. None but the King shall hold plea of false judgment II. Stat. 1 E. 3.4 If against a Record brought into the King's Court by writ of false judgment the party alledgeth that the Record is otherwise then the Court did record the same it shall be tried by those of the Countrey who were pesent when the Record was made but if they appear not upon the Sheriff's return of them with others it may be tryed by other good men of the Country Fees I. West 2.42 13 E. 1. Several ancient fees of Marshals Chamberlains Porters of Justices in Eyre and Serjeants bearing verge before the Justices at Westminster See the Statute II. VVest 2.44 13 E. 1. Porters bearing verge before the Justices of the Bench in the Circuit shall take for keeping a Jury onely 10 d. for the Bills nothing Upon a recovery without a Jury nothing upon a Recovery against many by one writ 4 d. for homage done in the Bench they shall have their upper garment Of great Assizes Attaints Juries and Battel waged the fee is 12 d. For the pleas of the Crown the fee is 12 d. the dozen For every prisoner delivered 4 d. The Chirographer's fee is 4 s. The Clerk's fee for writing Originals is for every writ 1 d. See the Statute Feoffments I. Stat. 1 R. 2.9 Every gift of Feoffment of Lands made by fraud or maintenance shall be void and the disseisee notwithstanding such alienation shall recover against the first disseisor both his land and double dammages provided he commence his suit within a year after the disseisin and that such feoffor be then Pernor of the profits II. Stat. 4 H. 4.7 The disseisee shall have his action against the first disseisor during the life of the same disseisor so as such disseisor be also Pernor of the profits at the time of such suit commenced but as to other Writs in plea of Land the Demandant shall commence his suit within the year against him that is Tenant of the free-hold as the time of the Action accrued to him so as such tenant be also Pernor of the profits at the time of such suit commenced notwithstanding the Statute of 1 R. 2.9 III. Stat. 11 H. 6.3 In all writs grounded upon Novel disseisin Disseisees may have recoveries against the disseisors of their feoffees as well as in Assize of Novel disseisin so as such disseisors or their feoffees against whom the writ is brought be Pernors of the profits at the time of the Writ purchased notwithstanding any gifts or feoffments made to other persons to delay the demandants ☞ Felony I. West 1.12 3 E. 1. Notorious felons which refuse lawful trial shall suffer strong and hard imprisonment II. Stat. Of breaking prison 1 E. 2. it shall be selony for any person to break prison being in for felony otherwise not III. Stat. 5 H. 4.4 It is felony to multiply gold or silver IV. Stat. 5 H. 4.5 It is felony maliciously to cut out the tongue or put out the eys of any of the King's Subjects V. Stat. 1 H. 7.7 If any shall hunt within Forrests Parks or Warrens in the night-time or disguised one of the King's Council or a Justice of Peace to whom information thereof shall be made shall by his warrant cause the offendor to be brought before himself or some other Councellor or Justice of Peace to be examined where if he conceal the fact such hunting shall be deemed felony but being confessed the offence is onely finable at the next general Sessions And here a rescuouse of the execution of any such warrant shall be also deemed felony VI. Stat. 3 H. 7.2 It is felony to carry away a woman wife widow or maid against her will
shall make certificate thereof to the Justices to the end the fine may be lawfully levied according to the former Ordinance IX Neither the Barons of the Exchequer nor the Justices shall admit any Attorneys save onely in Pleas that pass before them neither shall any of their Clerks or servants so do and every admission otherwise shall be void X. The authority of the Chancellor and of the chief Justices for admitting Attorneys as hath been heretofore observed is saved XI Stat. 3 E. 34.16 The plea of Non claim of fines shall be no bar hereafter XII Stat. 38 E. 3. Stat. 1.3 Fines taken before the Justices shall be in the presence of the pledges who shall know the summ of their fine before they depart XIII Stat. 5 H. 4.14 To prevent the dammages that may happen by the embeziling of the feet and notes of fines all writs of Covenant and other writs whereupon fines are levied togethér with the Dedimus potestatem if any be and all knowledges and notes of the same before they be drawn out of the Common Bench by the Chirographer shall be recorded in a Roll to remain with the chief Clerk of that Court for the old fee of 22 pence usually paid to him for entring the Concord to the end that in case any notes or fines be embeziled the party may have recourse to the said Roll to have execution thereof XIV Stat. 1 R. 3.7 A fine shall after the ingrossing thereof be openly read and proclaimed in the Common Pleas the same term and there the three next terms after upon four several days and in the mean time all the Pleas shall cease XV. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year then also all Pleas shall cease XVI Another transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year and both the Justices of Assize and Peace shall make Certificate of such Proclamation made the second return of the term then next following XVII A fine so proclaimed and certified shall conclude all persons both Privies and Strangers except women covert other then such women as the parties to the fine persons under age in prison out of the Realm or not of sound mind if they pusue not their right title claim or interest by way of action or lawful entry within five years after the proclamation so made and certified as aforesaid XVIII The right of Strangers which happens to come unto them after the fine is ingrossed is saved so that they lawfully pursue their right or title within five years after it so comes to them and here an Action against the pernor of the profits is maintainable XIX If the parties to whom such right or title comes be covert under Age in prison out of the Land or not of sane memory they or their heirs have time to pursue their right or title within five years after such imperfections removed so also have they in case they had right of title at the time of the fine levied XX. Fines at the Common Law have the same force they had before and a fine may be levied according to this Statute or the Common-Law at the election of the parties XXI Stat. 4 H. 7.24 Every fine after the ingrossing shall be proclaimed in the Court the same term and the three next four several days in every term and in the mean time all Pleas shall cease XXII The Proclamations being so made the fine shall conclude all persons both privies and strangers except women covert persons under age in prison out of the Realm or of non-sane memory being not parties to the fine XXIII The right and interest that any person or persons other then parties hath or have at the time of the fine ingrossed is saved so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the Proclamations so made so also is the right and interest saved which accrues after the ingrossing of the fine so that the parties having the same pursue it within 5 years after it so accrues and in this case the Action may be brought against the Pernor of the prosits XIV If at the time of the fine ingrossed or of such accruer as aforesaid the persons be covert and no parties to the fine under age in prison out of the Realm or of non sane memory they or their heirs have time to pursue their Actions within 5 years after such imperfection removed XXV The exception that none of the parties nor any to their use had any thing in the lands at the time of the fine levied is saved to all persons except parties and privies XXVI Fines at the Common law have the same force they had before the making of this Act and a fine may be levied this way or at the Common law at the pleasure of the parties XXVII Stat. 32 H. 8.36 All fines levied by any person or persons of full age of lands intailed before the same fine to themselves or to any of their ancestors in possession reversion remainder or use shall immediately after the fine ingrossed and proclamations made be a sufficient bar against them and their heirs claiming onely by such entail and against all other claiming onely to their use or to the use of any heir of their bodies XXVIII Howbeit this Act shall not bar the interest of any persons accrued by reason of any fine levied by a woman after her husbands death contrary to the Statute of 11 H. 7.20 XXIX A fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. XXX This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered in any Court by judgment or otherwise nor to any fine of Lands intailed by the King's Letters Patents or any Act of Parliament the reversion thereof at the time of such fine levied being in the King XXXI Stat. 37 H. 8.19 Fines levied before the Justices Of Assize at Lancaster or one of them and openly read and proclaimed at the three several Sessions before the said Justices or one of them of lands lying within that County Palatine viz. upon three several days in the Sessions when the fine is ingrossed and three other several days in each of the two Sessions then next following shall be of like force as fines acknowledged before the Justices of the Common Pleas. XXXII Stat. 2. 3 E. 6.28 This Statute ordains all fines of lands within the County Palatine of Chester to be of like force with those of the Common Pleas being proclaimed before the high Justice there or his Deputy in like sort as those of Lancaster are proclaimed XXXIII Stat. 1 M. Parl. 1.7
shall receive and allow the same also all deeds and obligations made to the King's use which concern the said lands may be there inrolled without fee. XXXVI Provided that the King's Officers may keep Court within the Verge and his Clerk of the Market and none other execute his office there notwithstanding any grant c. Neither shall this act be prejudicial to the City of London XXXVII The lands of the late Monastery of Furnes and of the late Monasteries and Priories of Cartmele Coningshed Barstrough and Holland and the Liberties and Franchises belonging thereunto shall be in the Government of the Officers of the Dutchy of Lancaster and the Officers of those liberties shall be liable to accompt as other Officers of the Dutchy have used to be they shall also be attendant on the King's Courts and the Sheriff and other officers are prohibited to intromit into those Liberties XXXVIII This act shall not annul or diminish any of the liberties belonging to the said Dutchy or to the five Forts or the members thereof XXXIX The Petition of Right 3 Car. None shall be compelled to make or yield any gift loan benevolence tax or such like charge without consent by Act of Parliament nor upon refusal so to do shall be called to make answer take any oath not warranted by Law give attendance or be confined or otherwise molested concerning the same or for refusall thereof Neither shall any Free-man be imprisoned or detained without cause shewed XL. The subject shall not be burthened by the quarter of Souldiers or Marriners and all Commissions for proceeding by Martial Law shall be annulled neither shall any of like nature be issued out hereafter lest the subject by colour thereof be destroyed or put to death contrary to the Laws and Franchise of the Land XLI What hath been done to the prejudice of the Subject in any of the premisses shall not hereafter be drawn into consequence of example and the King declares his pleasure to be that in the things aforesaid all his Officers and Ministers shall serve him according to the Laws and Statutes of the Realm ☞ Fraudulent Conveyances I. Stat. 50 E. 3.6 Fraudulent assurances of lands or goods to deceive Creditors shall be void and the Creditors shall have execution thereof as if no such gift had been made * II. Stat. 13 El. 5. All fraudulent Conveyances of lands tenements hereditaments goods or chattels and all such bonds suits judgments and executions made to avoid the debt or duty of others shall as against the party onely whose debt or duty is so endeavoured to be avoided their heirs successors executors or assigns be utterly void any pretence feigned Consideration or c. notwithstanding III. Every of the parties to such a fraudulent conveyance bond suit judgment or execution who being privy thereunto shall wittingly justifie the same to be done bonâ fide and upon good consideration or shall alien and assign any lands lease or goods so to them conveyed as aforesaid shall forfeit one years value of the lands lease rent common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous bond and being thereof convicted shall suffer half a years imprisonment without bail And here the said forfeitures are to be divided betwixt the Queen and the party grieved IV. Common Recoveries against the tenants of the free-hold shall be good notwithstanding this Act. And so shall all estates made for the procuring of a Voucher in Formedon Neither shall this Act extend to grants made bonâ fide and upon good consideration to persons not privy to such Collusion V. Stat. 27 El. 4. Every conveyance grant charge incumbrance and limitation of use or uses of in or out of any lands or other hereditaments made to defraud any purchaser of the same in fee for tail for life or years shall as against such purchaser onely and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration VI. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bonâ fide and on good consideration to the disturbance or hinderance of the purchaser or of any other lawfully claiming from by or under him shall forfeit one years value of the lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail VII Conveyances made upon good consideration and bonâ fide shall be good notwithstanding this Act. VIII If lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the vendee and all others lawfully claiming from by or under him Howbeit no lawful mortgage made bonâ fide without fraud shall be impeached by this Act. IX All Statutes Merchant and of the Staple shall within six moneths after their acknowledgment be entred in the office of the Clerk of Recognizances taken according to the Stat. of 23 H. 8.6 and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more X. Every such Statute which is not within four moneths after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the lands chargeable therewith and against his heirs successors executors and assigns XI The said Clerk shall within the said six moneths make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be divided betwixt the Queen and the Prosecutor XII The Clerk shall take for the search of a Statute but 2 d. for every years search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by action of debt c. XIII Provided that this Act shall not extend to make good any purchase made void by reason of any former conveyance so as the party so making void the same his heirs or assignes were the first day of this Parliament in actual possession of the lands out of which any such Purchase Lease Charge or Profit was made Free-hold I. Marlb Cap. 22. 52 H. 3. None shall distrain his free-holders to answer for their Free-holds or for any thing touching the same without the King 's Writ nor cause his Free-holders to swear against their wills for none may do that without the King's commandment II. Stat. 15 R.
Stat. 18 El. Two Acts were made but not printed the one for the Hospital of S. Cross near Winchester and the other for one at Leicester VI. Stat. 27 El. Also two Acts not printed the one for the Hospital of Christ at Sherbourn in Bishoprick and the other for that of Eastbridge in Canterbury VII Stat. 39 El. 5. It shall be lawful for any person within 20 years next insuing by deed inrolled in Chancery to erect and found an Hospital or house of correction to have the same continue for ever and for him his heirs and assignes to place such head and members and such number of poor as they please which said Hospital or house so founded shall be incorporated and have perpetual succession for ever which Corporation shall have power to purchase goods and Chattels also lands not exceeeding the value of 200 l. per annum nor held by Knight service or in chief of the Queen and all this without licence or the writ of ad quod damnum the Statute of Mortmain or of any other to the contrary VIII They shall also have power to sue and be sued in all Courts and to have such a common seal or seals as the Founder his heirs or assigns shall appoint by which they may seal all Instruments which concern the said Corporations IX They shall also be visited and ordered by such person or persons as the said Founders their heirs or assigns shall nominate according to the Statutes of the Foundation being not repugnant to the Laws and Statutes of this Realm Howbeit the Founder his heirs and assigns upon the death or removal of any head or member shall have power to place another in their stead X. Provided that all leases and estates made by any such Corporation for above 21 years and that in possession and whereupon the accustomed yearly rent for the greater part of 20 years before shall not be reserved and yearly payable shall be void XI The right of all persons save of the Founders their heirs and successors is saved XII This act shall not inable Infants Femes covert without their husbands or persons not of sane memory to make such Corporations or to endow the same XIII No such Corporation shall be made unless the same be upon the foundation thereof endowed with lands of the clear yearly value of 10 l. per annum XIV Provided that the Corporations aforesaid shall not by force of this Act do or suffer to be done any thing in prejudice thereof but such construction shall be made thereof as shall be most beneficial for the maintenance of the poor and for avoiding of all divices which may be invented or put in ure contrary to the true meaning thereof XV. Stat. 39 El. 6. Commissions may be awarded to certain persons to inquire of lands or goods given to Hospitals or other charitable uses mis-imployed and to reform them But this Act was afterwards repealed by 43 Eliz. 4. saving for the execution of orders and decrees before made by Commissioners according to the Statute XVI Stat. 43 El. 4. It shall be lawful for the Lord Chancellor or Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that precinct to award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other persons of good behaviour authorizing four or more of them to inquire as well by the oaths of twelve or more lawful men as otherwise of all grants gifts assignments limitations and appointments and of all abuses and mis-imployments of all lands tenements and hereditaments and of all goods and chattells given limited or appointed to charitable uses XVII The Commissioners having called the parties interessed made inquiry by the oathes of such 12 men or more unto whom lawfull challenge may be made by the parties so interessed and set down such orders and decrees therein that the things so given to charitable uses may be faithfully imployed the orders and decrees so made being not repugnant to the Statutes of the Founders or Donors shall stand firm and be executed accordingly until they shall be altered by the Chancellor Keeper or Chancellor of the said Dutchey respectively upon complaint made to them thereof by the party grieved XVIII This Act shall not extend to any thing given to any Hall or Colledg in the Universities or to the Colledges of Westminster Eaton or Winchester or to any Cathedrall Church or to any City or Town Corporate or to any lands or tenements given to the uses aforesaid in any such City or Town where there is a special Governour or Governours to govern things disposed to such uses or to any Colledg Hospital or Free-School having special Visitors or Governours appointed by the Founders XIX This Act shall not be prejudicial to the Ordinary or his jurisdiction XX. None having the thing in question or pretending title thereunto shall be either Commissioner or Juror XXI This Act shall not impeach any purchaser bonâ fide of things given to charitable uses not having notice thereof Howbeit in that case the party or parties who have broken their trust in selling the same their heirs executors and administrators shall make satisfaction by the Decree of the said Commissioners if they have left assets or so far as the assets so left shall extend XXII The Commissioners shall not meddle with any lands conveyed or come to the hands of H. 8. E. 6. Qu. M. or Qu. El. unless the grant to charitable uses were made since the beginning of Queen Elizabeth's reign XXIII The Orders Judgments and Decrees shall be certified into the Chancery or Dutchy Court as the case shall require under the Commissioners Seals within such time as shall be limited in their Commissions And the said Lord Chancellor Keeper or Chancellor of the Dutchy respectively shall take such order for the due execution of the said Decrees as to them shall seem fit XXIV If the party against whom the Decree is past conceive himself injured thereby upon complaint thereof to the said Chancellor Keeper or Chancellor of the Dutchy respectively he shall have redress if there be cause but if not they shall award good costs against him for complaining without cause Hounslo-Heath I. Stat. 37 H. 8.2 Hounslo-Heath in Com. Midd. which contains 4293 acres and one rood of ground extendeth into several Parishes so much thereof as is the King's inheritance and is meet for tillage pasture meadow or other several ground shall be of the nature and condition of Copy-hold land or the same may be let by the Steward of the Mannor at will or for 21 years which lessee shall and may improve it Hull I. Stat. 33 H. 8.33 The Statute of 27 H 8.3 which was made for the taking away of certain customs that the Mayor and Commonalty of Hull took for fish is repealed but by this they may take of every person priviledged for a last of hering 20 d. for
an hundred of salt fish 4 d. and for a last of Sprats 8 d. And of one not priviledged for a last of hering 2 s. 4 d. for an hundred of salt fish 4 d. and for a last of Sprats 8 d. as they did before Hundreds I. Artic. super Chartas 14 28 E. 1. Bailiwicks and Hundreds shall not be let to farm at over great summs whereby the people may be over-charged by making Contributions to such Farms ☞ Hunters and Hunting * ☞ I. Stat. 13 R. 2.13 No lay-man who hath not lands of 40 s. per annum nor Clerk who hath not 10 l. revenue per annum shall have or keep any Grey-hound Hound Dog Feret Net or Engine to destroy Deer Hares Conies or any other Gentleman's game in pain of one whole years imprisonment which Justices of Peace shall have power to inflict II. Stat. 19 H. 7.11 None shall keep any Deer-hays or Buck-stalls save in his own Forest or Park in pain to forfeit for every moneth they are so kept 40 s. neither shall any stalk with any bush or beast to any Deer except in his own Forest or Park in pain of 10 l. III. None shall take an old Heron without his own ground in pain of 6 s. 8 d. nor a young Heron in pain of 10 s. for which forfeitures every man that will may sue by Action of debt or otherwise ☞ IV. Any two Justices of Peace in Sessions may examine the Offendors aforesaid and commit them to prison till they have satisfied the said forfeitures whereof the said Justices are to have the tenth part ☞ * V. Stat. 14 15 H. 8.10 None shall trace destroy or kill any Hare in the snow And Justices of Peace in Sessions and Stewards in Leets have power to inquire of such Offenders and shall assess upon every such Offender 6 s. 8 d. which penalty assessed in Sessions shall go to the King but in a Leet to the Lord thereof * VI. Stat. 3 Jac. 13. None shall without the owners licence kill or chase any Deer or Conies in any Parks or inclosed grounds in pain to suffer three moneths imprisonment to pay treble dammages to the party grieved to be assessed by the Justices before whom he shall be convict after the said 3 moneths expired and to be bound with 2 good sureties to the good behavior for 7 years after or to reman still in prison till he find such sureties but here the party grieved being satisfied hath liberty to release the behavior ☞ VII Justices of Oyer and Terminer Assize and Peace in Sessions have power to hear and determine these offences and Justices of Peace in Sessions upon confession and satisfaction to the party grieved have power to release the behavior VIII If any person not having 40 l. per annum in lands or 200 l. in goods or some inclosed ground used for Deer or Conies worth 40 s. per annum at least shall use any gun bow or cross-bow to kill any Deer or Conies or shall keep any buck-stall feret dog net or other engine it shall be lawful for any person having lands worth 100 l. per annum to take such gun c. from any such person and to convert the same to his own use IX This Act shall not extend to any Park or inclosed ground hereafter to be made or used for Deer or Conies without the King's license X. Stat. 7 Jac. 13. It shall be in the election of the party grieved whether he will take for satisfaction 10 l. in money or treble dammages as by the Statute of 3 Jac. 13. is limitted * XI Stat. 13 Car. 2. ca. 10. None shall unlawfully course kill hunt or carry away any Deer in any Forest Chace Purlieu Wood Park or other ground where Deer have been usually kept within England and Wales without the consent of the owners or party chiesly trusted with the custody thereof or be aiding or assisting therein upon pain being convicted by confession or one witness before any Justice of the Peace within 6 moneths after the offence of 20 l. to be levied by distress by warrant of the said Justices one moiety to the informer the other to the owner of the Deer and for want of distress to be committed for 6 moneths to the house of Correction or common Gaol for one year and not discharged till sufficient sureties be given for their good behavior XII Provided that upon punishment by this Statute the penalty of no other law be incurred ☞ Husbandry I. Stat. 4 Jac. 11. The Owners and Farmers of lands in Marden Bodenham Wellington Sutton S. Michael Sutton S. Nicholas Murton upon Lugge and Pipe in the County of Herreford may inclose some part thereof with divers other provisions for the better improvement of those places For which see the Statute at large II. Stat. 7 Jac. 18. All persons within Devon and Cornwal may fetch sea-sand for the bettering of their land III. Boat-men may fetch sea-sand and cast it out of their boats where it hath been used to be landed and carry the same thorow usual wayes See the Statute IV. Stat. 15 Car. 2. ca. 5. Vid. Trade Identitate nominis I. Stat. 37 E. 3.2 IF the Lands Goods or Chattels of any person outlawed for want of a good declaration of his Sirname shall happen to be seized by any of the King's Officers he may have a writ of Identitate nominis to discharge them as hath been used in times past And in such case the Officer shall take security without fee of the party to answer to the King the value of the thing so seized if he cannot discharge them and if the Officer be attainted of doing otherwise he shall pay double dammages to the party grieved and be also grievously punished to the King II. Stat. 9. H. 6.4 A writ of Identitate nominis shall be maintainable by executors as well as by the testator himself if he were living Jeofaile I. Stat. 32 H. 8. cap. 30. After an issue tried there shall be judgment given netwithstanding any Jeofaile or mispleading II. Stat. 18 El. 14. After Verdict given in any Court of Record there shall be no stay of judgment or reversing thereof for want of form in any writ original or judicial Count Declaration Plaints Bill Suit or Demand or for want of any writ original or judicial or by reason of any imperfect or insufficient return of the Sheriff or other Officer or for want of any warrant of Attorney or for any default in progress upon or after Ayd prayer or Voucher III. This Act shall not extend to any writ declaration or suit of appeal of felony or murther or to any Indictment or presentment of felony murther treason or other matter or to any process upon any of them or to any writ bill action or information upon any penal Statute IV. Provided that all Attorneys in any suit in a Court of Record shall deliver in the Warrant of Attorney in such suit to be entred
or filed of Record as by the Law and Statutes of this Realm they ought to do in pain to forfeit 10 l. to be divided betwixt the Queen and the Officers where the warrant should have been so filed and to suffer imprisonment by the discretion of the Justices of the Court where the default is made V. Stat. 21 Jac. 13. After Verdict given in any Court of Record the Judgment thereupon shall not be stayed or reversed for any variance in form onely between the original writ or bill and the declaration plaint or demand or for lack of an averment of the parties life or lives so as it be proved he or they be in life or for that the Venire facias Habeas corpus or distringas was awarded to a wrong Officer upon any insufficient suggestion or that the visne was in some part misawarded or sued out of more or fewer places than it ought to be so as some one place be right named or for mis-naming any of the Jurors either in the sir-name or Addition in any of the Writs or returns thereof so as constat de persona or for want of a return of any of the said writs so as a pannel be returned and annexed thereunto or for that the Officer's name is not set to the return so as as it appear by proof that the writ was returned by him or by reason that the Plaintiff in any Ejectione firmae or in any personal action being under age did appear by Attorney and the verdict pass for him VI. This Act shall not extend to any Writ Declaration or Suit of appeal of felony murther nor to any indictment or presentment of felony murther or treason nor to any process upon any of them nor to any Writ Bill Action or Information upon any penal Statute Isle of Wight I. Stat. 4 H. 7.16 None shall take more Farms then one in the Isle of Wight which one shall not exceed ten marks in yearly value in pain of 10 l. II. If any have several Farms above that value he shall keep one or more of them at his Election so as what he so keeps exceed not that value III. Such as have been at charge with their Farms in fines or repairs shall be indemnified Incontinency of Priests * I. Stat. 1 H. 7.4 The Ordinary shall punish Priests Clerks and Religious men for incontinency by imprisonment according to the quantity and quallity of their trespass Incumbent I. Stat. 13 R. 2.1 The Statute de clero 25 E. 3.3 touching the examination of the King's title to a Benefice when he presenteth in another's right is confirmed which see in Advowson II. When the King presenteth to a Benefice full of an Incumbent his presentee shall not be received by the Ordinary until the King hath recovered his presentment by Law III. If the King's presentee be received and the Incumbent put out without process the Incumbent shall begin his suit within a year after the Induction of the said presentee IV. Stat. 4 H. 4.22 Where an Incumbent is put out without due process he shall be at large to sue for his remedy by the Statute of 13 R. 2.1 at what time he pleaseth within or after the year Indicavit I. Stat. 34 E. 1. No writ of Indicavit shall be granted before the suit hanging in the spiritual Court between the parties be recorded and that the Lord Chancellor be certified thereof by the fight of the Libel ☞ Indictments I. West 2 Cap. 13. 13 E. 1. Sheriffs Bailiffs of Franchises and others that take Inquests of Malefactors shall do it by at lest 12 lawful men who shall put their seals to such inquisitions and the said Officers shall imprison such malefactors II. If they imprison any without such Inquests the party grieved shall maintain an action of false imprisonment against them III. Stat. 1 E. 3. Stat. 2. cap. 17. Sheriffs Bailiffs of Franchises and others who take Indictments shall do it by Roll Indented whereof one part shall remain with the Indictors and the other with him that takes them so as one of the Inquest may have one part thereof to shew to the Justices when they come to make deliverance IV. Stat. 25 E. 3. Stat. 5.14 After one is indicted for Felony before the Justices of Oyer and Terminer the Sheriff shall be commanded to attach his body by a Capias and if the Sheriff return a Non est inventus another Capias shall issue out returnable in three weeks whereby the Sheriff shall have power to seize his chattels and to keep them until the said return and then also if the Sheriff return a Non est inventus an exigent shall be awarded and the chattels shall be forfeit but if he yield himself or be taken by the Sheriff or other Officer before the return of the second capias his goods and chattels shall be saved V. Stat. 11 H. 4.9 No Indictments shall be made but by Inquest of lawful men returned by Sheriffs Bailiffs of Franchises or other Officers who ought to do it without having them nominated by other persons to the said Officers and all Indictments otherwise found shall be void VI. Stat. 3 H. 7.1 pars inde Justices of Peace may take by discretion an inquest whereof every man shall have lands of the yearly value of 40 s. to inquire the concealments of a former Enquest taken before them or others of matters inquirable or presentable before them and whereof complaint shall be made by Bill VII Stat. 37 H. 8.8 pars inde These words Vi armis viz. cum baculis cultellis arcubus sagittis or the like shall not of necessity be put into any inquisition or indictment but they shall be adjudged good notwithstanding those words are therein omitted ☞ Infections * I. Stat. 12 R. 2.13 None shall cause to be cast any garbage dung intrails or any other annoyance into the Ditches Rivers Waters or other places within or near any City Burrough or Town or the suburbs thereof in pain to be called by Writ before the Chancellor and if found guilty to be punished at his discretion ☞ Informers I. Stat. 18 El. 5. An Informer shall exhibit his suit in proper person and pursue it by himself or by his Attorney in Court and that by way of information or original Action and shall have no Deputy and all this in pain of 10 l. and the Pillory II. A note of the time of exhibiting the information shall be truly taken and from thenceforth it shall be accounted to be of Record before which time no process shall issue out upon it III. The Clark that makes out the process shall indorse the Informer's name and also the Statute upon which the Information is grounded in pain of 40 s. IV. No Jury shall appear at Westminster for a tryal upon any penal Law when the offence was committed above 30 miles from Westminster except the Attorney General for some reasonable cause require the same V. No Informer shall
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
whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives shall be void to all intents and purposes X. Stat. 13 El. 10. All Leases Conveyances or estates made by any Master or Fellows of any Colledge Dean and Chapter or any Cathedral or Collegiate Church Master or Gardian of any Hospital Parson Vicar or any other having any spiritual or Ecclesiastical living or any houses lands titles or other hereditaments being parcel of their Colledge Cathedral Chapter Hospital Parsonage Vicarage or other spiritual promotion or belonging thereunto other then for 21 years or 3 lives from the making thereof and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during the term shall be utterly void to all intents and purposes XI This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or collegiate Church XII This Act shall not extend to any Lease hereafter to be made upon surrender of a former Lease or by reason of any covenant or condition contained in any former Lease and still continuing so as the Lease to be made contain not moe years then the residue of the years of such former Lease nor any less rent then is thereby reserved XIII Stat. 13 El. 20. No lease made of any Benefice or Ecclesiastical Promotion with Cure or any part thereof and not impropried shall indure any longer then while the lessor shall be ordinarily resident and serving the Cure of such Benefice without absence above 80 dayes in any one year but that every such Lease so soon as it or any part thereof shall come into any possession or use above forbidden or immediatly upon such absence shall cease and be void And the Incumbent so offending shall lose a years profit of his Benefice to be distributed by the Ordinary amongst the poor of the Parish XIV Provided that every Parson allowed to have two Benefices may demise one of them upon which he is not most ordinarily resident to his Curate onely but such Lease shall indure no longer then during such Curates residence without absence above 40 days in any one year XV. Stat. 14 El. 11. In the Statute of 13 El. 20. these words so soon as it or any part thereof shall come to any possession or use above forbidden or are repealed XVI All Bonds Contracts Promises and Covenants hereafter to be made for suffering or permitting any person to injoy any Benefice or Ecclesiastical Promotion with Cure or to take the fruits thereof other then such Bonds and Covenants made for assurance of any Lease heretofore made shall be adjudged of such validity and not otherwise then as Leases thereof made The like law is of Leases Bonds Promises or Covenants made by Curates XVII The Branch of the Statute of 13 El. 10. made to avoid certain Leases made by certain persons having Spiritual Livings shall not extend to houses scituate in Corporations or Market-towns or the suburbs thereof nor unto the Grounds appertaining to such houses so as they be not the dwelling houses of such persons nor have above 10 acres of ground belonging to them XVIII Provided that no Lease shall be made by force of this Act in reversion or without reserving the accustomed yearly rent at least or without charging the Lessee with reparations or for longer term then 40 years Neither shall any such houses be aliened without purchasing presently after other lands in fee-simple of as good value and as great yearly value as the houses so alienated XIX Stat. 18 El. 6. Upon Leases made by Colledges in the two Universities Winchester and Eaton the third part of the rent shall be reserved in Grain to be delivered to them yearly at days prefixed after the rate of 6 s. 8 d. for a quarter of Wheat and 5 s. for a quarter of Malt or under those prices or it shall be in the Election of the lessee to pay them in kind at the best rates found in those several Markets respectively the next Market-days before the said day prefixed for the payment or delivery thereof and all Leases otherwise made and all bonds and assurances given to the contrary shall be void which said grain or mony shall be expended for the relief of the Commons and diet of the said Colledges respectively without fraud in pain of deprivation of the Chief Rulers of such Colledges respectively and of all others consenting thereunto XX. This Act shall not extend to any Lease to be made by the President and Scholars of S. Johns Colledge in Oxford of the Mannor of Fifield to the Heir male of Sir Thomas White Knight late Alderman of London and founder of the said Colledge XXI Stat. 18 El. 11. All leases made by such persons as are mentioned in the Stat. of 13 El. 10. where another Lease is in being not to be expired surrendred or ended within three years next after the making of such new lease shall be void And all bonds and covenants for removing of any such lease contrary to this Act or to the said Statute of 13 El. 10. shall also be void Howbeit this Act shall not extend to any Lease or Leases heretofore made by any such person or persons XXII After complaint to the Ordinary and sentence given upon any offence committed by the Incumbent against the Stat. of 13 El. 20. whereby he ought to lose the profits of his Benefice the Ordinary within two moneths after such sentence given and request made by the Church-wardens or one of them shall grant the sequestration thereof to such Inhabitant or Inhabitants there as to him shall seem convenient and upon default in the Ordinary it shall be lawful to every Parishioner there to retain his tithes and for the Church-wardens to take the profits of the Glebe and other rents and duties of such Benefice to be imployed to the use of the poor until the sequestration shall be committed by the Ordinary and then the Church-wardens and Parishioners are to accompt to him or them to whom such sequestration shall be committed and he or they shall imploy the said Profits to such uses as by the said Statute of 13 El. 20. are appointed in pain to forfeit the double value of the profits withholden to be recovered in the Ecclesiastical Court by the poor of the Parish XXIII Stat. 43 El. 9. All judgments hereafter to be had for the intent to have or injoy any lease contrary to the Statutes of 13 El. 20. 14 El. 11. and 18 El. 11. or any of them shall be deemed void in such sort as Bonds and Covenants are appointed to be void which are made for that purpose XXIV Stat. 12 Car. 2. cap. 31. Leases and grants by Colledges and Hospitals and Elections of Heads Masters and Fellows made during the late troubles confirmed under some Exceptions and Provisos XXV Stat. 13 Car. 2. cap. 4. The King enabled to make Leases Grants and
granted to end the quarrel and that as well in the Exchequer as elsewhere XIII Stat. 14 H. 6.1 Justices of Nisi prius have power to give their Judgments in cases of Felony and Treason as well upon acquital as attainder and thereupon also to award execution XIV Stat. 18 El. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery and the chief Justice of the Common Pleas and chief Baron of the Exchequer upon issues joyned in their several Courts or in their absence two other Justices or Barons are made Justices of Nisi prius for the County of Middlesex and may sit in Westminster-Hall or in the Exchequer within the term or four days after for the trial of issues joyned in the said Courts respectively and triable in Middlesex aforesaid to prevent interruption of proceeding in the said several Courts during the term and for the better ease of the Free-holden of Middlesex Upon which trials Tales shall be granted and all other proceedings shall pass as upon Writs of Nisi prius triable elsewhere in the Country Non-plevin I. Stat. 9 E. 3.2 None shall lose their Land by reason of Non plevin Non-suit I. Stat. 2 H. 4.7 Where before Justices of Assise the parties are adjourned for some difficulty in law upon the matter found in this case the Plaintiff shall not be non-suited albeit the verdict passe against him Non-tenure I. Stat. 25 E. 3. Stat. 5.16 By the exception of Non-tenure of parcel no Writ shall abate but only for the quantity of the Non-tenure which is alledged Northumberland I. Stat. 23 H. 6.7 The Sheriff of Northumberland shall gather no more Head-pence there in pain of 100 l. to be divided betwixt the King and the prosecutor Norwich * I. Stat. 33 H. 8.16 None shall buy within Norwich or the County of Norfolk any Worsted yarn spun in the said City or County but such as shall work it or cause it to be wrought in Norwich or elsewhere within the said County in pain to forfeit for every pound thereof otherwise imployed 40 s. to be divided betwixt the King and the prosecutor II. None shall convey beyond Sea any Worsted-yarn spun in England in pain to forfeit 40 s. for every pound to be divided as aforesaid III. Stat. 1 E. 6.6 The Statute of 33 H. 8.16 is made perpetual IV. Hat-makers dwelling in Norwich may buy Worsted-yarn called Middl usse yarn as they have used to do notwithstanding the Statute of 33 H. 8.16 so as they imploy it in Hat-making within the said City V. Stat. 56 E. 6.24 None shall make Mats Coverlets or Dornecks by himself or others or use any of those mysteries in Norwich or Norfolk unless he be admitted so to do by the Major Recorder Steward and two Justices of Peace of that City or by four of them or have been apprentice to the said Mystery by the space of seven years VI. None shall make any Hats Dornecks or Coverlets in Norfolk but only in some Corporate or Market-Town there in pain to forfeit for every six Felts 10 s. for every Coverlet 3 s. 4 d. and for every six yards of Dornecks 6 s. 8 d. VII This Act shall not extend to the Inhabitants of Pulham in Norfolk VIII The Major Recorder Steward or Justice of Peace that takes a reward for admitting any to work shall forfeit 5 l. to be divided betwixt the King and the prosecutor IX Stat. 1 2. P. M. 14. An Act for the making of Russets Sattens Sattens reverses and Fustians of Naples at Norwich and not elsewhere by which Act there is a Corporation made for that purpose and divers Articles concerning the same See the Act at large X. Stat. 39 El. 22. An establishment of the Bishoprick of Norwich and the possession thereof against a pretended concealed title made thereunto See the Statute at large ☞ Nusance I. West 2.24 13 E. 1. A Writ of Nusance shall be grantable as well against the Alienee as against the party that levied it and when it is against the party himself the Writ shall be Questus est nobis A. quod D. injuste c. Levavit domum murum mercatum alia quae sunt ad nocumentum c. But when against the Alien the Writ shall be Questus est nobis A. quod B. C. Levavâ—runt c. II. Stat. 6 R. 2.3 All Writs of Nusance called Vicomtiels shall be made at the election of the Plaintiff according to the old form or in the nature of Assizes determinable before the Justices of the one Bench or other or the Justices of assize to be taken in the County of the place assigned Oath I. SEe Magna Charta printed by Richard Tottle Anno Domini 1556. fol. 164. and 166. the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Majors and Bailiffs See the Oath Ex Officio Courts and Jurisdictions Ecclesiastical Numb IV. And see Title Quakers Numb I. Obligations I. Stat. 38 E. 3.4 Whereas divers people be bound in another Court out of the Realm by Instruments or otherwise it is accorded that all penal bonds in the third person be void and holden for none Odio Atia I. West 1.11 3 E. 1. Forasmuch as many being indicted of Murder and guilty thereof by favourable inquests taken by the Sheriff and by the Kings Writ of Odio Atia are replevied until the comming of the Justices in Eyre It is provided that from henceforth such Inquests shall be taken by lawful men chosen out by the oath of twelve men of whom two at the least shall be Knights who by no affinity with the Prisoners or otherwise are to be suspected ☞ Officers and Office I. Stat. 12 R. 2. The Chancellor Treasurer Keeper of the Privy Seal Steward of the Kings house the Kings Chamberlain the Clerk of the Rolls Justices of the Benches Barons of the Exchequer and all others called to name and ordain Justices of Peace Sheriffs Escheators Customers Controllers or any other Officer or Minister of the King shall be firmly sworn that they shall not name or ordain any Officers or Ministers for any gift or brocage favour or affection And none which pursueth by him or by other privily or openly to be in any such office shall be put in the same or any other but that they make all such Officers and Ministers of the best and most lawful and sufficient men in their judgments and knowledg II. Stat. 14 R. 2.10 No Customer Controller Searcher Weigher or Finder shall have any such Office for term of life but only during the Kings pleasure notwithstanding any Patent or grant to the contrary III. Stat. 17 R. 2.5 No Searcher Gauger Aulnager Finder or Weigher of Wools or other Merchandize Collector of Customs and Subsidies or Controller shall have their several Offices for â—â—erm of life or years But such Offices shall remain in the Kings 〈◊〉 and under the governance of the Treasurer with the assent of the
from the Bars to Cow-Cross Water-lane in Fleet-street the streets behind Saint Clements-Church without Templâ—-Bar the way from the West-bars in Tothil-street in Westminster to the West-end of Petit-France the way without Bishops-gate above Shore-dâ—tch Church Strand-bridg and the way leading from thence towards Temple-Bar and Foskue-lane leading down to Strand-bridg And in this Act the Justices of Middl sex have also power to set Fines upon the defaulters at their discretion VIII Stat. 13 El. 23. Another Act of like nature for paving and keeping in repair the way without Algate called the Bars without Algate another leading from the Old-Cagâ— there to the North-end of Nightingal-lane and another between the said Old-Cage and Cross-Mill in the Parish of Saint Mary the pain for default being 3 s. 4 d. to the Queen for every yard square not so paved or repaired This Act likewise provides for the scowring and cleansing of certain Ditches thereabouts IX Stat. 18 El. 19. An Act for the paving of Chichester X. Stat. 23 El. 12. Another Act for the paving of the Minories being an additional Act to 13 El. 23. And the Ditch in Hoglang shall be scowred and cleansed by the owners of the lands lying on the North-side of the said Lane in pain to forfeit 6 s. 8 d. for every pole uncleansed And by this Act the Justices of Peace in London and Middlesex shall appoint Scavengers XI Stat. 3 Jac. 22. Another Act for the paving and keeping in repair the street in St. Giles in the Fields and Drury-lane ☞ Peace I. Stat. 2 E. 2. The Statute of Winchester and other Statutes made for the keeping of the Peace shall be duly observed II. The Justices assigned shall have power to punish resisters of the Peace III. Stat. 2 R. 2.2 Peace shall be kept and Justice and Right duly administred to all persons See also the Statutes of 1 H. 4.1 2 H. 4. and 1. 7 H. 4.1 to the like effect Pensions Portions and Corodies I. Stat. 34 35 H. 8.19 Pensions Pertions Corodies Indemnities Synodies Proxies and all other profits due out of Religious lands dissolved shall be paid to Bishops Arch-deacons and other Ecclesiastical persons by the occupiers of the same lands if such Ecclesiastical person were seised thereof within ten years before their dissolution And if upon suits in the Ecclesiastical Court for the same the Defendant be convict the Plaintiff shall recover the value thereof in damages together with his costs of suit The like he shall recover at the Common Law when the cause is thereby determinable II. Provided that if the King hath demised any of the said lands with a Covenant to discharge the tenant of such charges that then the party claiming the same shall sue for them in the Court of Augmentations and not elswhere ☞ Perjury * I. Stat. 5 El. 9. None shall suborn a witness to give restimony in any Court of Record concerning any lands goods debts or damages in pain of 40 l. and if the offender being convicted thereof hath not wherewithall to satisfie the said forfeiture he shall suffer 6. moneths imprisonment without bail stand upon the Pillory one whole hour in the same or next Market-town where the offence was committed and be for ever after disabled to give testimony in any Court of Record until the judgement given against him be reversed by Attaint or otherwise II. He that commits wilful perjury shall forfeit 20 l. suffer six moneths imprisonment without bad and be ever after disabled to give evidence until the judgement given against him be reversed as aforesaid and here also if he hath not wherewithall to discharge the fine in the Countrey the Sheriff or in a Corporation the Head Officer shall cause him to be set upon the Pillory in some Market-place and to have both his ears nailed III. The forfeitures abovesaid shall be divided betwixt the Queen and the party grieved IV. Judges of the Courts where such offences shall happen to be committed Justices of Assize Goal-delivery and of Peace have power to hear and determine the same offences V. This Act shall be proclaimed at every Assize VI. This Act shall not extend to any Court Ecclesiastical but that they may there proceed as in times past VII This Act shall not restrain the power of the Star-chamber nor of the Councils of Wales or in the North to punish heinous perjuries But that they may proceed as formerly so as for-the said offences they inflict no less punishment then by this Statute is ordained ☞ Physicians and Surgeons * I. Stat. 3. H. 8.11 None in London or within seven miles thereof shall exercise as a Physician or Surgeon except first examined and admitted thereunto by the Bishop of London or Dean of Pauls calling to him or them for the first examination four Doctors of Phyfick and for Surgery other expert persons in that faculâ—y and afterwards of them that so shall be approved in pain to forfeit for every moneth they exercise Physick or Surgerie not so examined and admitted 5 l. to be divided betwixt the King and the prosecutor II. In other places without the said Precinct of seven miles none shall exercise the said Professions unless examined and approved by the Bishop of the Dâ—ocess or in his absence by his Vicar general â—alling to them expert men in those Professions at their discretion and giving Letters testimonial under their Seal to him they shall so approve upon the like pain to be divided as aforesaid III. This Act shall not extend to the Universities IV. Stat. 5. H. 8.6 The Surgeons of London shall be exempt for bearing the Office of Constable or any other Office watching bearing of Arms or to serve upon Inquests in London so that their incorporation exceed not the number of 12. V. This Act shall also extend to Barber-Surgeons approved and admitted according to the Statute of 3 H. 8.11 VI. Stat. 14. H. 8.5 The Kings Charter for the Incorporating of the Colledge of Physicians in London bearing date the 13. of September in the tenth year of his Reign is confirmed the substance whereof is as followeth VII A perpetual Colledge of Physicions is granted and erected in London and within seven miles compass of the same who shall have power to chuse yearly a President for the better government of the same and shall also have perpetual succession a common Seal and ability to purchase Lands not exceeding 12 l. per annum They may sue and be sued make Ordinances for the good Government of the Colledge and of all others that practise Physick within the said limits Neâ—ther shall any practise Physick within that Circuit unless approved under the Seal of that Colledge in pain of 5 l. to be divided betwixt the King and the same Colledge Likewise four Physicians of London shall be yearly chosen to supervise the rest as also their Medicines and Receipts so that such as offend may be punished by fines amerciaments inprisonment or other due means Lastly Physicians
or not repairing the Church or sufficiently adorning it a Prohibition lieth not Nor for Oblations Tythes Mortuaries Pensions laying violent hands upon a Clerk Defamation when money is not demanded nor for breaking an Oath II. Stat. De Consultatione 24 E. 1. When the Chancellor or chief Justices upon sight of the Libel conceive that the Plaintiff cannot have remedy in any Temporal Court the Plaintiff shall have Consultation viz. the said Chancellor or chief Justice shall write to the Ecclesiasticall Judges before whom the cause depends that they proceed therein notwithstanding the Kings prohibition III. Artic. Cler. Cap. 1. 9 E. 2. For tythes oblations obventions or Mortuaries when they are propounded under those names the Kings Prohibition shall not hold place albeit for the long withholding of them they come to a pecuniary estimation but if an Ecclesiastical person lodge his tythes in his barn and then sell them for money if that money be demanded before a Spiritual Judge for this a prohibition lieth for by the sale they are made Temporall IV. Cap. 2. If debate arise upon the right of tythes having his original from the right of the Patronage and the quantity of the fame tythes do amount to a fourth part of the goods of the Church for this a prohibition lyeth Also if a pecuniary penance be demanded in the Court Christian a prohibition lyeth but if a Prelate enjoyn corporal penance and the party afterward Commutes for money that money is recoverable in the Court Christian and in that case a prohibition lieth not V. Cap. 3. If any lay violent hands upon a Clerk the amends for the peace broken shall be before the King and for the excommunication before a Prelate and if corporal penance be enjoyned and the offender will redeem it with money to be given to the Prelate or the party grieved it shall be required before the Prelate and the Kings prohibition lieth not VI. Cap. 4. Also in defamations the Prelates may correct notwithstanding the Kings prohibition VII Cap. 5. No prohibition shall be granted where tythe is demanded out of a Mill newly erected VIII Stat. 1 E. 3. Stat. 2.11 A prohibition is granted against those who in the Spiritual Court do sue their indictors IX Stat. 18 E. 3. Stat. 3.5 No prohibition shall be awarded but where the King hath Conusance X. Stat. 45 E. 3.3 A prohibition and an Attachment thereupon shall be granted where a suit is commenced in the Spiritual Court for the Tythes of underwood above 20 years growth in the name of sylva caedua XI Stat. 50 E. 3.4 No prohibition shall be allowed after Consultation duly granted so as the matter in the Libell be not changed ☞ Prophecies * I. Stat. 5. El. 15. None shall publish or set forth any phantastical or false Prophecie with an intent to raise sedition in pain to forfeit for the first offence 10 l. and to suffer one whole years imprisonment and for the second all his goods and to incur imprisonment during life which said forfeitures are to be divided betwixt the Queen and the prosecutor II. Justices of Assize Oyer and Terminer and Peace have power to hear and determine this offence being prosecuted within 6 months otherwise not Protection I. Stat. De Protectionibus 33 E. 1. A Challenge shall be entred against a protection of the Kings Service and if the Countrey passe against him that cast the protection it shall turn to a default if he be Tenant and if he be demandant he shall lose his Writ and shall also be amerced to the King II Stat. 25 E. 3. Stat. 5.19 Notwithstanding the Kings protection of his Debtor other Creditors may proceed to Judgment against him with a Cesset executio until the Kings debt be paid And here if the Creditors will undertake for the Kings debt they shall have execution against the Debtor both for their own debts and likewise for so much as they have paid the King III. Stat. 1. R. 2.8 No protection with the Clause of Volumus shall be allowed for Victuals taken or brought upon the Voyage or Service whereof the protection maketh mention neither yet in pleas of trespiss or contracts made after the date of the same protection IV. Stat. 13. R. 2.16 No protection with the Clause of Quia profecturus shall be allowed in any plea whereof the Suit was commenced before the date of such protection except in a Voyage where the King goeth in person or other voyages royall or in the Kings Messages Howbeit this Act shall not infringe protections with the Clause of Quia moratur and if the party protected tarry more then a convenient time in the Countrey without going to the Service or return from the Service the Chancellor having notice thereof shall repeal his protection V. Stat. 7. H. 4.4 In an Action of Debt brought against the Goalor which letteth a prisoner escape a protection shall not lie ☞ Proviso and Praemunire * I. Stat. 25. E. 3. Stat. 5.22 He that purchaseth a provision in Rome for an Abbey or priorie shall be out of the Kings protection and any man may do with him as with the Kings Enemy But this is altered by 5 El. 1. which see in Crown II. The Statute of Provisors 25 E. 3. Stat. 6. made to prevent Collations of Benefices in England by the Pope to the Provisors or procurers thereof as well Aliens as Denizens And here the penalty was imprisonment without bail until he should make fine to the King and satisfaction to the party grieved if he were taken but if not the Exigent should run against him III. Stat. 27. E. 3. Stat. 2.2 3. A Praemunire is granted against such as sue in a forreign Realm or impeach there any judgment given in any of the Kings Courts for any matter whereof the Kings Courts may take conusance The penalty is to be out of the Kings protection to forfeit all their lands and goods and to be imprisoned and ransomed at the Kings wili if they may be found but if not they shall be put in Exigent and outlawed IV. Stat. 3. R. 2 3. None shall take a Benefice of an Alien nor convey any money to him for the farm thereof in pain of a Praemunire V. Stat. 7. R. 2.12 No Alien shall purchase a Benefice in this Realm nor occupy the same without the Kings license in pain of a praemunire VI. Stat. 1.2.2.15 If any go out of the Realm to procure by way of provision a Benefice within the Realm he shall be out of the Kings protection and the Benefice shall be void VII Stat. 13. R. 2. Stat. 2.3 A Confirmation of the Statute of Provisors 25. E. 3. and if any accept of a Benefice contrary to the said Statute he shall incur a Praemunire and suffer perpetual banishment VIII Stat. 16. R. 2.5 None shall purchase Bulls or other Instruments from Rome or elsewhere in pain to incur a praemunire The Crown of England is subject to none IX Stat. 2.
inferiour Officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or Head-Officer be committed to Prison without ball till he whip or cause to be whipped the party offending as is above limited IX No Justice of Peace shall execute this Statute for offences done to himself unless he be associated with one or more Justices of Peace whom the offence doth not concern X. Stat. 21 Jac. 16. pars inde In all Actions of Trespass Quare clausum fregit wherein the Defendant or Defendants shall disclaim in his or their Plea to make any Title to the land in which the trespass is by the declaration supposed to be done and the trespass be by negligence or unvoluntary the Defendant or Defendants shall be admitted to plead a disclaimer and that the Trespass was done by negligence or unvoluntary and a tender of offer of sufficient amends for such Trespass before the Action brought whereupon or upon some of which the Plaintiff or Plaintiffs shall be forced to joyn issue and if the said issue be found for the Defendant or Defendants or the Plaintiff or Plaintiffs be non-suited such Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions and all other suit concerning the same Triall I. Stat. 9 E. 3. Stat. 1. cap. 4. Whereas many be delayed in their Actions for that the Tenants or Defendants plead in Barr a release quit-claim or other special Deed made within a Franchise where the Kings Writ runneth not It is enacted That when such Deeds are shewed forth in Bar of an Action and bear date within a Franchise Albeit the witnesses named in the Deed be of the Franchise yet if the Deed be denied Process shall be awarded in the Court where the Plea depends to cause the Country and the witnesses to appear and if the witnesses come not at the great distresses returned notwithstanding such absence of the witnesses the Justices shall not let to proceed to the taking of the Enquest as well as if such Deed did bear date within the County where the Plea was moved and that the witnesses were of the same County II. Stat. 8 H. 6.29 The Statute of 28 E. 3.13 which see in Staple ordering that an Enquest shall be De medietate linguae where an Alien is party is confirmed And it is by this Act further declared that the Statute of 2 H. 5.3 which see in Jurors doth onely extend to Enquests taken between Denizen and Denizen so that an Alien may be put upon Enquests according to the Statute of 28 E. 3. albeit he have not lands of the yearly value of 40 s. III. Stat. 20 H. 6.9 Trial of Dutchesses Countesses and Baronesses for Treason or Felony shall be as of Noble-men Peers of the Realm and not otherwise notwithstanding the Statute of Magna Carta cap. 9. which mentioneth men only to be tried by their Peers See that Chapter of Mag. Cart. in Accusation IV. Stat. 4 H. 8.2 Pars inde Where a Murderer or Felon to delay his arraignment pleads that he was taken out of a priviledged place in a foreign County and if it be alledged by the Kings Attorney or some other in the Kings behalf that he was taken in the County where he is so to be arraigned they shall be tryed by the Enquest who are to try the Murder or Felony and before the same Justice and if it be found that he was taken in the same County such forreign plea shall do him no advantage or benefit V. Stat. 27 H. 8.4 Murders and Robberies committed by Pyrats upon the Sea or in any other place where the Admiral pretends jurisdiction shall be inquired into tryed heard and determined in such Counties and places within the Realm as shall be limited by the Kings Commission in like manner as if such offences were done at Land And such Commissions being under the Great Seal shall be directed to the Lord Admiral his Lieutenant or Deputy and to three or four such others as the Lord Chancellor shall name VI. The said Commissioners or three of them have power to inquire of such offences by twelve lawful men of the County so limited in their Commission as if such offences were done at Land within the same County and every Indictment so found and presented shall be good in Law And such Order Process Judgment and Execution shall be used had done and made thereupon as against offenders for Murder or Felony done at Land Also the trial of such offences if they be denied shall be had by twelve men of the County limited in the said Commission as aforesaid and no challenge shall be had for the Hundred And such as shall be convict of such offences shall suffer death without benefit of Clergy and forfeit lands and goods as in case of Felonies and Murders done at land VII This Act shall not prejudice any person or persons urged by necessity for taking Victuals Cables Ropes Anchors or Sails out of another Ship that may spare them so as they either pay ready money or money-worth for them or give a Bill for the payment thereof viz. if they be taken on this side the Straits of Moroâ—ke within four months but if beyond within twelve months VIII When any such Commission shall be sent to any place within the Jurisdiction of the Cinque-Ports it shall be directed to the Warden of the said Ports or his Deputy with three or four such other persons as the Lord Chanceller shall name And the Inquisition and Tryal of such offences there shall be made and had by the Inhabitants of the said Ports and the members of the same IX Stat 28 H. 8.15 This Act is verbatim the same with 27 H. 8.4 save only that it extends as well to Treasons and all other capital offences committed within the Admiral 's Jurisdiction as unto Felonies Robberies and Murders there done X. Stat. 33 H. 8.12 The manner of the Trial and punishment of Murder and Blood-shed within the Kings Court See the Statute at large XI Stat. 33 H. 8.23 If any person being examined before the Kings Council or any three of them upon any Treason misprision of treason or murder doth confess the same or by the said Council is vehemently suspected to be guilty thereof in this case the King shall direct Commission of Oâ—â—r and Terminer to such persons and into such County or place as he pleaseth for the speedy tryal conviction or deliverance of such offenders And here no challenge for the County or Hundred shall be allowed but a Juror may be challenged if he have not Freehold worth 40 s. per annum in this case also trial of a Peer shall be by his Peers XII Stat. 2 3. E. 6.24 Where any is feloniously stricken or poysoned in one County and dyeth of such stroke or poysoning in another County an Indictment thereof found by Jurors of the County where he dyes shall be as good in Law as if the stroke or
poysoning had been done in the County where the party so dyeth And Justices of Goal-delivery and Oyer and Terminer in the County where such Indictment is taken as also the Justices of the Kings Bench before whom such Indictment is removed may proceed thereupon in all points as if such stroke or poysoning and death had all happened in one and the same County XIII Also an Appeal may be commenced taken and sued in the County where the party so stricken or poysoned shall dye as well against the principal as accessary in whatsoever County such accessary be guilty thereof And the Justices before whom such Appeal is prosecuted within the year and day after the offence committed shall proceed against every such accessary in the County where such appeal is so taken in like manner as if the offence of such accessary had been committed in the same County as well concerning trial by Jurors upon the offenders plea of not guilty as otherwise XIV Where any Murder or Felony is committed in one County and more persons be accessary thereunto in another County an Indictment found and taken against such accessary before Justices of Peace or other Commissioners in the County where such person is accessary shall be as good in Law as if the principal offence had been committed in the same County XV. The Justices of Goal-delivery or Oyer and Terminer or two of them of the County where the party so became accessary shall upon request write unto the Custos Rotulorum where the principal shall be attainted or convicted to certifie them whether the principal shall be attainted convicted or otherwise discharged and then the Justices of Goal-delivery Oyer and Terminer or others authorized shall proceed upon every such accessary in like manner as if both the principal offence and accessary had been committed in the County where the party so became accessary and thereupon every such accessary shall answer upon his arraignment and receive such trial judgment and execution and suffer pains and forfeitures as are used in other â—ases of Felony Tunnage and Poundage See Customes c. Numb XXVII Vacations of Bishopricks I. Magna Carta 33. 9 H. 3. PAtrons of Abbeys shall have the custody of them in time of Vacation II. Stat. Pro Clero 4. 14 E. 3. Escheators shall preserve from waste and destruction the possessions of Archbishopricks Bishopricks and other Prelacies during their Vacations and the Chancellor and Treasurer shall demise them to the Dean and Chapter or Prior and Convent before any other at a reasonable rate without fine but if they will not take them then shall the said Chancellor and Treasurer cause them to be preserved by the said Escheators or others and the reasonable profits thereof to be answered to the King III. Stat. pro Clero 5. 14 E. 3. This Chapter is also for demising them to the Dean and Chapter or Prior and Convent at as reasonable rate and without fine as before and that the Escheator or other Minister shall not enter or molest them ☞ Vagabonds Rogues Beggars and Poor People * I. Stat. 39 El. 4. Justices of Peace within every County and Corporation have power in Sessions to give order for erection of Houses of Correction and also for the maintenance and government of the same and for the punishment of offenders which shall be thither committed II. All Scholars and Sea-faring men which beg All wandering persons which either beg use unlawful Games and Playes feign themselves to have skill in Physiognomy Palmistry or the like or pretend to tell Fortunes All persons that are or pretend to be collectors for Goals Hospitals c. All Fencers Bearwards common Players and Minstrels wandring abroad other than such as shall be authorized by Noble-men under their hands and seals All Juglers Tinkers Pedlars and petty Chapmen wandring abroad All Labourers which wander and refuse to work for wages reasonably taxed having no living otherwise to maintain themselves all persons delivered out of Goals which beg for their Fees or otherwise do travel begging all which wander abroad begging pretending loss by fire or otherwise and all such persons not being Felons wandring and pretending themselves to be Egyptians shall be adjudged Rogues Vagabonds and sturdy Beggars III. If any such Vagabond shall be taken begging wandering or misordering him or her self he or she by the appointment of any Justice of Peace Constable Headborough or Tithing-man there the two last being assisted by the Minister and one other of the Parish shall be stripped naked from the middle upwards openly whipped till their body be bloody and forthwith sent the next way from Parish to Parish by the Officers of each Parish towards the place of their birth But if it cannot be known then towards the place where they last dwelt by the space of one whole year before such punishment and if that cannot be known then to the Town through which they last passed without punishment and if it cannot be discovered where they were born or last dwelt as aforesaid then are they to be conveyed by the Officer there to the house of Correction or common Goal of the County to be imployed in work or placed in some service and so to continue by the space of one year or in case they be not able in body that Town is to keep them till they may be placed in some Alms-house within the same County IV. After which whipping the Vagabond shall have a Testimonial under the hand and seal of the said Justice Constable Head-officer Tything-man and Minister or any two of them testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his own default he exceeds he shall from time to time incur the like punishment till he arrive at the place limited the substance of which Testimonial shall be registred by the said Minister in a Book provided for that purpose in pain of 5 s. V. If any such Rogue seem dangerous or will not be reformed two Justices of Peace one of Quorum shall commit him to the house of Correction and if at the next Quarter-Sessions by the more part of the Justices there he shall not be thought fit to be delivered he shall by them be banished and at the charge of that County shall be conveyed to such parts beyond the Seas as shall by six or more of the Privy Council for that purpose be assigned whereof the Lord Keeper or Treasurer to be one or otherwise adjudged to the Gallies of the Realm as the said Justices shall think fit And if a Rogue so banished return without license he shall suffer as a Felon to be tryed in the County where he shall be apprehended VI. If a Constable Headborough or Tything-man be found negligent in the due execution of this Act they shall forfeit 10 s. for every default and none shall make rescous against any Officer or hinder the
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
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
sue but if not then the prosecutor IV. Every melter and maker up of unwrought wax shall have a stamp or mark of the breadth of 6 d. wherein the two letters of his name and sirname shall be graven and with this shall stamp every such piece of wax triangularly in three places upon the out side of every such piece in pain to forfeit the value of every piece so sold or put to sale not so stamped V. None shall melt mix work sell or put to sale any wrought wax stuff or wares wrought with wax but with good and pure stuff fit for such work and sealed with the workers stamp to the end he may be known in pain to forfeit all corrupt wares otherwise wrought and so sold or put to sale to be divided as aforesaid VI. None shall sell or put to sale any false mingled Wax in pain to forfeit the same to be divided as before VII All Cask filled with honey shall be by the filler thereof marked with two letters standing for his name and sir-name each letter being an inch and an half in length at least and burnt upon the head of each Cask with an hot Iron in pain to forfeit 6 s. 8 d. for every Cask of honey sold or put to sale and not so marked VIII None shall fill sell or put to sale any Cask of honey for a Barrel Kilderkin or Firkin unless they contain as followeth viz. the Barrel 32 gallons wine-measure the Kilderkin 16 and the Firkin 8 in pain to forfeit for every half gallon so lacking 5 s. together with the Cask and Honey therein contained to be divided as before IX This Act as to the marking of Wax shall not extend to any selling the Wax of their own Bees in open Markets nor to any servant mingling or corruptiwg Wax by the commandment of his Master so as he will confess the same X. None shall counterfeit anothers mark nor stamp therewith without the owners consent in pain to forfeit for every such offence 5 s. to be divided as before And in case he be not able to pay it to be set upon the Pillory in the next Market-Town to the place where he offends and to suffer three months imprisonment without bail VVears * I. Magna Carta 23.9 H. 3. All Wears shall be put down by Thames and Medway and throughout all England save onely by the Sea-coasts II. Stat. de Pannis 4.25 E. 3. All Gorces Mills Wears Stanks Stakes and Kiddles set up in the time of E. 1. and since whereby Ships and Boats are disturbed to pass in Rivers as they were wont shall be utterly pulled down never to be renewed And hereupon Writs shall issue to the Sheriffs of the places where need shall require to survey and inquire and thereof to do execution Justices also shall be thereupon assigned as shall be needful * III. Stat. 45 E. 3.2 The Statute of Cloth 4.25 E. 3. shall be put in due execution and if any such annoyance be done it shall be pulled down by due Process according to the said Statute IV. If any shall repair any such annoyance and be thereof attainted he shall incur the pain of 100 marks to the King to be levied by estreats of the Exchequer The like Law shall be for annoyance made by enhancing such Wears Mills Stanks Stakes and Kiddles as by the new levying of them V. Stat. 1. H. 4.12 The said Statute of 25 E. 3.4 and 45 E. 2. shall be put in due execution VI. Commissions shall be made to sufficient men to be Justices in every County where need shall be to survey and keep the waters and great Rivers there to correct the defaults and to put the said Statutes in due execution as well by their Survey advice and discretion as by Enquests both within franchises and without as need shall be and to hear and determine the things aforesaid Also to survey the Wears Mills Stanks Stakes and Kiddles levied before the time of E. 1. and to correct pull down and amend such of them as they shall find too much enhaunced as straightned saving alwayes a reasonable substance thereof VII If any such nusances be adjudged and awarded by the said Justices fit to be pulled down and amended the owner of the freehold thereof shall make thereof execution at his own charge within half a year after notice thereof given to him in pain of 100 Marks to be paid to the King by estreats of the Exchequer And he that shall cause them to be repaired enhaunced or straightened against the said judgement being thereof convict shall also incur the pain of 100 Marks to be paid as aforesaid Howbeit if any shall finde himself grieved by the execution of this Act upon complaint he shall be relieved VIII Stat. 4. H. 4.11 The Statutes of 25 E. 3.4.45 E. 2. and 1 H. 4.12 shall be duly put in execution IX Commissions shall be awarded to certain Justices and others in every County where need shall be to inquire of offenders against the said Statutes and to punish them by fine at their discretions saving to the King the penalties comprised in the said Statutes X. The estreats of such fines shall be delivered by the Justices to the Sheriff by Indenture who shall there outpay to every Justice 4 s. for every day that he shall execute such Commission and the Sheriff is to be allowed it again upon his accompt in the Exchequer XI Stat. 1. H. 5.2 All the aforesaid Statutes are confirmed and ordered to be put in due execution XII Stat. 12. E. 4.7 All the said Statutes are a gain confirmed And whereby award of any of the said Commissioners assigned according to the said Statute of 1 H. 4.12 it is found that such Wears Fish-garths Mills Mildams Milstankes Locks Ebbing-wears Kiddles Hecks or Flood-gates are made levied raised straightned or enlarged against the said Statute if the offenders therein being duly warned thereof by the Sheriff by Scire facias do not within three months after such warning duly return such default they shall forfeit 100 marks to be paid as by the said Statute is ordained and also for every month after the said three months that the said default is not reformed 100 marks more to be divided betwixt the King and the Prosecutor The Heir also or the Assignee of such offender shall likewise forfeit 100 marks for every month that he continues such disturbances to be divided as aforesaid ☞ Weights and Measures I. Magna Charta 25.9 H. 3. One measure of Wine shall be throughout the Realm one measure of Ale and one measure of Corn viz. the quarter of London and one bredth of dyed cloth Rusfet and Haberjects viz. two yards within the lists and it shall be of weights as it is of measures II. Ashsa Pants Cervitiae 5 1 H. 3. By this Statute the Assize of bread was rated viz. when a quarter of wheat should be sold for 12 d. wastel bread of a farthing a
he is so received until final judgment given to the demandant III. Here if the demandant recover the defendant shall be grievously amerced and if he have not whereof he shall suffer imprisonment at the Kings pleasure but if he can prove his right he shall go quit IV. Stat. 13 R. 2.17 If any tenant for life in Dower by the Law of England or in tail after possibility of issue extinct be impleaded and he in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the Action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the Law without any delay whatsoever of either side And therefore here dayes of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two adversaries V. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgment pass for the demandant against them in the reversion as well as where the receit is counter-pleaded as where it is granted Residence * I. Artic. Cler. 8. 9 E. 2. Such Clerks as attend in the Kings service if they offend shall be corrected by the Ordinaries as others be Howbeit so long as they be imployed about the Exchequer they shall not be bound to keep residence in their Churches To this was added by the Kings Council The King and his Ancestors time out of mind have used that Clerks who are imployed in his service during the time they are so in his service shall not be compelled to keep residence in their Benefices and such things as be thought necessary for the King and Common-wealth ought not to be prejudicial to the Church * II. Stat. 21 H. 8.13 No spiritual person shall take to farm to himself or to any other for his use any lands or other hereditament for life years or at will in pain to forfeit ten pounds for every month he so continues the same to be divided betwixt the King and the prosecutor III. This Act shall not extend to any spiritual person for taking to farm any temporalities during the time of vacation of any Archbishopricks Bishopricks Abbeyes Priories or Collegiate Cathedral or Coventual-Churches nor to any such person who shall terder or make any traverse upon any Office concerning his Freehold IV. No spiritual person shall by himself or any other for his use buy to sell again for profit any cattel victual or Merchandize whatsoever in pain to forfeit treble the value thereof to be divided betwixt the King and the prosecutor and every such bargain shall be void V. Howbeit a spiritual person may buy horses Mares Cattel or other goods for his necessary use and imployment and in case they happen not fit for his turn may sell them again so as this be done without fraud or covin VI. Also Abbots Priors Abbesses Prioresses Provosts Presidents and Masters of Colledges and Hospitals and all other spiritual Governours and Governesses of any Houses of Religion lands of the yearly value of 800 Marks or under may use and occupy so much thereof for the maintenance of their houses as they or any of their Predecessors have done within 100 year last past notwithstanding this Act. VII Likewise Spiritual persons not having sufficient Glebe or Demesne lands in right of their Churches or houses may notwithstanding this Act for the only expences of their houses and for their carriages and journeyes take in farm other lands and buy and sell corn and cattel for the only manurance and pasturage of such Farms so as if it be done for such purposes only without fraud or covin VIII If any person having a Benefice with cure of Souls being of the yearly value of 8 l. or above accept another with cure of Souls and be Instituted and Inducted in possession of the same immediately upon such possession thereof the first Benefice shall be adjudged void and then it shall be lawful for the Patron thereof to present another as if the Incumbent had dyed or resigned any license union or other dispensation to the contrary notwithstanding IX Every license union or other dispensation obtained contrary to this Act shall be void And none shall obtain from Rome or elswhere any license union toleration or dispensation to receive any Benefice with Cure in pain of 20 l. to be divided betwixt the King and the Prosecutor X. Provided that every Spiritual person of the Kings Council may purchase license or dispensation to keep three Benefices with Cure and the Chaplains of the Kings Queens the Kings Children Brethren Sisters Unkles or Aunts may so keep each of them two XI Also an Archbishop and Duke may have each of them six Chaplains a Marquess and Earl five a Viscount and other Bishop four the Chancellor every Baron and Knight of the Garter three Every Dutchess Marchioness Countess and Baroness being Widows two the Treasurer and Comptroller of the Kings House the Kings Secretary and Dean of his Chappel the Kings Almoner and Master of the Rolls each of them two And the Chief Justice of the Kings Bench and Warden of the Cinque-ports each of them one And each of the aforesaid Chaplains may purchase license or dispensation to keep two Benefices XII Likewise the brethren and sons of Temporal Lords born in wedlock may purchase such license or dispensation to keep as many Benefices with Cure as the Chaplains of a Duke or Archbishop and the brethren or sons born in wedlock of every Knight may keep two XIII Provided that the aforesaid Chaplain shall exhibit where need shall be Letters under the Sign or Seal of the King or other their Lord and Master testifying whose Chaplains they be or else not to enjoy such plurality of Benefices XIV A so Doctors and Batchelors of Divinity Doctors of Law and Batchelors of Law-Canon admitted to their degrees by any of the Universities of this Realm and not by Grace only may purchase such license to keep two Benefices with Cure XV. And because Archbishops must use at consecration of Bishops eight Chaplains and Bishops at giving of Orders and Consecration of Churches six every of them may have two Chaplains over and above the number limited XVI Every Spiritual person that is advanced by colour of this Act to keep more Benefices with Cure then is abovelimited shall incur the penalty above provided by this Act. XVII Every Spiritual person promoted to any Arch-Deaconry Deanary or Dignity in a Monastery or Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall