exemplified under the Great Seal or the seal of any other Court of this Realm nor to any Judge Justice or other person that shall set any such seal thereunto not knowing the same to be forged ☞ Forestallers Regradors and Ingrossers * I. Stat. 6 E. 6.14 He or she that shall buy or contract for any Merchandize Victual or other thing whatsoever in the way before it shall be brought by land or by water unto any City Port Road Fair or Market where it should be sold or shall cause the same to be so bought or shall diswade people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a Forestaller A Regrador is he that buyes any grain wine fish butter cheese candles tallow sheep lambs calves swine piggs geese capons hens chickens pigeons conies or other dead victual whatsoever brought to a Fair or Market to be sold there and do sell the same again in the same Fair or Market or in some other Fair or Market within 4 miles III. An Ingrosser is he that gets into his hands by buying contract or promise other then by demise grant or lease of land or tithe any corn growing in the fields or other grain butter cheese fish or other dead victual whatsoever with intent to sell it again IV. The party guilty of any of the offences aforesaid shall forfeit for the first offence the value of the goods so bought or had and suffer 2 moneths imprisonment without bail for the second the double value and suffer 6 moneths imprisonment without bail and for the third shall forfeit all his goods be set upon the Pillory and be imprisoned at the King's pleasure V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal nor the provision of any Town Corporate Ship Castle Fort Barwick Holy Island c. or any Fish-monger Inholder Victualer Butcher Poulterer or people dwelling within one mile of the main Sea which use to buy and sell fish for any thing concerning their several mysteries or trading they retailing the same at reasonable prices nor any Badger Lader Kidder or Carrier assigned to that office by three Justices of Peace and delivering the commodity out of his hand within one moneth after he buyes it nor the taking of any thing reserved upon any lease so that all these things be done without fraud or forestalling VI. He that buyeth grain in any Market for change of seed shall bring as much the same day and sell it if he can according to the present price of grain there in pain to forfeit double the value of the grain so bought VII He that buyes any cattel and sells the same again alive within 5 weeks shall forfeit double the value thereof during which time he ought to keep them upon Pasture which he hath either by grant or prescription VIII Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition presentment bill or information or by the testimony of two witnesses and to exact the one half of the forfeitures to the use of the King and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias and when the prosecution shall be at the Kings suit onely to extract the whole to the King's use IX None shall be punished twice for the same offence X. This Act shall not restrain the transporter of grain or cattel from Port to Port allowed by three Justices of Peace and not fore-stalling so that he imbark the same within 40 days after he buyes them and brings back from some Justice of Peace or Head officer a Certificate of their unlading agreable to his Cocket XI The offences against this Statute shall be prosecuted within two years XII This Act shall not restrain a Drover allowed by three Justices of Peace 1. Qu. and selling his cattel at 40 miles distance from the place where he bought them Howbeit such allowance ought not to continue above one year XIII Stat. 13 El. 25. in fine The Statute of 5 6 E 6.14 shall not extend to Wines Oyls Sugars Spices Currants or other forein victual brought from beyond Sea Fish and Salt onely excepted XIV For more ancient Statutes against Forestalling see the Statute of Forestallers 31 E. 1. and the Statute of clothes 25 E. 3.3 Which because they are altered by 4 5 E. 4.14 I have not thought thme fit to be inserted ☞ Franchises and Liberties I. Magna Charta Cap. 1. 9 H. 3. The Church of England shall be free and shall have all her holy Rights and liberties inviolable II. Magna Charta Cap. 9. 9 H. 3. The City of London and all other Cities Burroughs Towns the Barons of the five Ports and all other Ports shall have all their old liberties and free Customs III. Magna Charta Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved which the King himself promiseth to observe and commandeth all men of this Realm to do the like He likewise further promiseth that neither he nor his heirs shall procure or do any thing to infringe them and that if any thing be so procured it shall be void VI. Stat. De quo warranto 18 E. 1. If any can verifie by good enquest or otherwise that they or their Ancestors or Predecessors have used any liberty whereof they have been impleaded by Quo warranto before the death of R. 1. and have hitherto not having abused such liberty They shall be adjourned to a reasonable day before the Justices within which time they may repair to the King with the Record thereof signed by the Justices seal which done the King will confirm their estate and if any judgments have been given upon such writs by the Justices at Westminster upon the complaint of the party grieved to the King he will give them remedy V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices and all pleas now depending shall be adjourned into their proper Counties until the coming of the Justices into those parts Note that this Statute was confirmed by another Statute De quo warranto of the same year and to the same effect VI. Stat. De quo warranto 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before and of a Proclamation that such as claim liberties shall shew to the Justices at the first Assizes when they shall come into those parts how they hold them for which they shall have forty days summons and if they appear not their liberties shall be seised in the name of distress Also the form of another Proclamation that such as complain of the King's officers shall shew their grievances to the said Justices VII Stat.
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
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
thereunto will direct you to the Statute it self as you shall find it express'd in the premised Abridgment and where you shall therein find any Chapters omitted they are either repealed or expired or otherwise obsolete and out of use MAgna Charta 9 H. 3. 1 Franchises 2 Relief 3 Wards 4 Wast 5 Wast 6 Wards 7 Women c. 8 Debt to the King 9 Franchises 10 Tenure 11 Common Pleas 12 Assises 13 Darrein Presentment 14 Amerciament 15 Banks 16 Banks 17 Pleas of the Crown 18 Debt to the King 19 Castles c. 20 Castles c. 21 Purveyors 22 Forfeitures 23 Wears 24 Right 25 Weights c. 26 Fines to the King 27 Wards 28 Wager of Law 29 Accusation 30 Merchants 31 Tenure 32 Tenure 33 Vacations of Bishopricks 34 Appeals 35 County and Turn 36 Mortmain 37 Escuage Franchises Charta de Foresta H. 3.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. Forests Merton 20 H. 3. 1 Dower 2 Wills 3 Re-disseisin 4 Approvements 6 Wards 7 Wards 8 Limitation 9 Bastardy 10 Attorney 11 Forest De Anno Bissextili 21 H. 3. Dayes in Bank Assisa panis cervisiae 51 H. 3. Weights Dies communes in banco 51 H. 3. Days in Bank Dies communes in dote 51 H. 3. Days in bank Statutum de Scaccario 51 H. 3. Distresses Exchequer Iudicium collistrigii 51 H. 3. Weights De ponderibus mensuris 51 H. 3. Weights De tallagio non concedend 51 H. 3. Franchises Purveyors Taxes Marlebridge 52 H. 3. 1 Distresses 2 Distresses 3 Distresses 4 Distresses 5 Confirmation 6 Wards 7 Wards 8 Re-disseisin 9 Suit 10 County and Turn 11 Beau-pleader 12 Dayes in Bank 13 Essoin 14 Jurors 15 Distresses 16 Mortdancester 17 Wards 18 Amerciaments 19 Essoin 20 False Judgment 21 Replevin 22 Freehold 23 Account Wast 24 Justices in Eyre 25 Murder 26 Voucher 27 Mainprize 28 Monasteries 29 Entry and Writs of entry Statutes of E. 1. Westminster 1. 3 E. 1. 1 Monasteries 2 Clergy 3 Escape 4 Wreck 5 Election 6 Amerciaments 7 Castles c. 8 Beau-pleader 9 Robberies 10 Coroner 11 Odio Atia 12 Felony 13 Rape 14 Appeals 15 Mainprize 16 Distresses 17 Distresses 18 Justices in Eyre 19 Debt to the King 20 Forests 21 Wards 22 Wards 23 Debt 24 Assises 25 Champerty 26 Extortion 27 Extortion 28 Maintenance 29 Deceit Extortion 30 Tolls 31 Purveyors 32 County and Turn 33 News 34 Arrests 35 Reasonable aide 36 Assises 37 Attaint 38 Limitation 39 Voucher 40 Battail 41 Essoin 42 Essoin 43 Essoin 44 Estreats 45 Justices of the Benches 46 Age 47 Prochein Amy 48 Assises Dower Pr◠Reg. 1. Extents of Mannors 4 E. 1. Surveyors The Office of Coroners 4 E. 1. Coroner The Statute of Bigamy 1 Aide of the King 2 Aide of the King 3 Aide of the King 4 Purprestures 5 Clergy 6 Warranty Glocester 6 E. 1. 1 Damages and Costs 2 Age 3 Warranty 4 Cessavit 5 Wast 6 Mortdancester 7 Entry and Writs of entry 8 Trespass 9 Appeals Pardon 10 Essoin 11 Receit 12 Voucher 13 Estrepment 14 Damages and Costs 15 Wines Exposition upon the Statute of Glocester 6 E. 1. Age Damages and Costs Against bearing Arms 7 E. 1. Armour A Statute of Religious men 7 E. 1. Mortmain The Statute of Rutland 10 E. 1. Exchequer The Statute of Acton Burnel 11 E. 1. Recognisance The Statute of Wales 12 E. 1. Wales Westminster 2 E. 3. 1 Tail 2 Replevin 3 Cui in vita 4 Dower 5 Advowson 6 Voucher 7 Admeasurement of Dower 8 Admeasurement of Pasture 9 Mesne 10 Attorney Justices in Eyre 11 Account 12 Appeals Essoin 13 Indictments 14 Wast 15 Prochein Amy 16 Wards 17 Essoyn 18 Execution 19 Ordinaries 20 Cosinage c. 21 Cessavit 22 Wast 23 Executors 24 Nusance Quodpermittat Writs c. 25 Assizes 26 Redisseisin 27 Essoyn 28 Essoyn 29 Oyer and Terminer 30 Exception 31 Mortmain 32 County and Turn 33 Crosses 34 Rape 35 Wards 36 Distresses 37 Distresses 38 Jurors 39 Return of Sheriffs 40 Age 41 Contra formam collat 42 Fees 43 Citation 44 Fees 45 Execution 46 Approvements 47 Fish Fishers c. 48 View 49 Champarty Writs The Statute-Merchant 13 E. 1. Recognizance The Statute of Winchester 13 E. 1. Fairs Robberies Circumspecte agatis 13 E. 1. Prohibition The Statute of Exon. 14 E. 1. Coroner The Ordinance for Ireland 17 E. 1. Ireland Quia emptores terrarum or Westminster 3. 18 E. 1. Tenure Quo Warranto 18 E. 1. Franchises The Statute for levying Fines 19 E. 1. Fines The Statute of Vouchers 20 E. 1. Vouchers The Statute of great and small money 20 E. 1. Money The Statute of defending Rights 20 E. 1. Champerty Receit The Statute of Inquests of Lands 20 E. 1. Jurors The Statute of persons put in Assises 21 E. 1. Jurors The Statute of Trespassers in Parks 21 E. 1. Forests Districtiones Scaccarii 21 E. 1. Distresses The Statute of Conspirators 21 E. 1. Champerty The Statute of Consultation 24 E. 1. Prohibition Confirmation of Charters 25 E. 1. Confirmation The Statute of purchasing Liberty 27 E. 1. Mortmain The Statute of Fines levyed 27 E. 1. Fines Justices of G. D. Nisi Prius Sheriff Articuli super Cartas 28 E. 1. 1 Confirmation 2 Purveyors 3 Marshalsey 4 Common Pleas 5 Chancery 6 Seals 7 Dover 8 Sheriff 9 Distresses Jurors 10 Conspiracy 11 Champerty 12 Debt to the King 13 Sheriff 14 Hundreds 15 Process 16 Return of Sheriffs 17 Robberies 18 Wast 20 Gold Silver c. The Statute of Appeals 28 E. 1. Appeals The Statute of Escheators 29 E. 1. Liveries c. A new Statute of Quo warranto 30 E. 1. Franchises The Statute of Lakers and Brewers 31 E. 1. Butchers Weights The Statute of Protection 33 E. 1. Protection A Statute for definition of Conspirators 33 E. 1. Conspiracy Champerty Orders for Inquests 33 E. 1. Challenge An Ordinance of the Forest 33 E. 1. Forests Another of the same 34 E. 1. Forests A Statute for measuring Land 34 E. 1. Weights A Statute of Ioynt-Tenants 34 E. 1. Assises A Statute for amortisement of Lands 34 E. 1. Mortmain A Statute for certain Liberties 34 E. 1. Franchises A Statute of Religious persons 35 E. 1. Church-yards Statutes of E. 2. A Statute for Knights 1 E. 2. Knights A Statute for breaking Prisons 1 E. 2. Felony Articuli Cleri 9 E. 2. 1 Prohibition 2 Prohibition 3 Prohibition 4 Prohibition 5 Prohibition 6 Jurisdiction 8 Residence 9 Monasteries 10 Appeal 11 Monasteries 12 Excommunication 13 Ability 14 Election 15 Clergy 16 Clergy A Statute of Cavelet in London 10 E. 2. London The Statute of York 12 E. 2. 1 Assises 2 Witness 3 Nisi prius 4 Nisi prius 5 Return of Sheriffs 6 Victuall c. The Statute of Essoins 12 E. 2. Essoyn View of Land and Essoin of the Kings service 12 E. 2. Essoyn View Westminster 4. of Attaints and gréen-war 13 E. 2. Attaint Sheriff A Statute for Estreats of
and Sessions within one year and a day after such offence committed except treason and misprision of treason XLVII Provided that any of the offenders aforesaid which shall before judgment submit and conform themselves to the Bishop of the Diocess or in open Assize or Sessions shall be discharged of every the offences aforesaid except treason and misprision of treason and of all pains and penalties incurred for the same XLVIII Of the forfeitures abovesaid two third parts the Queen shall have one to her own use the other for relief of the poor in the Parish where the offence is committed to be delivered without further warrant then of the principal Officers of the Receipt of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three moneths after judgment shall be committed to prison and there remain untill he hath satisfied them or shall conform himself and go to Church XLIX They that have on Sundays the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but four times in the year at least are present at Divine Service in their own Parish-Church or some other open Chappel of ease shall not incurre the penalty aforesaid for not coming to Church L. All covinous grants to defraud the interest which the Queen or any other person may claim by virtue of this Act or of 13 El. 2. shall be adjudged void LI. If a Peer of the Realm happen to be indicted for any offence made treason or misprision of treason by this Act he shall be tried by his Peers LII This Act shall not abridge the jurisdiction of Ecclesiastical censures * LIII Stat. 27 El. 2. All Jesuits and Seminary Priests and other Ecclesiastical persons born within any of the Queen's Dominions and ordained or made such by the pretended jurisdiction of the See of Rome which come into or remain in any of the said Dominions shall be adjudged guilty of high Treason and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged felons without benefit of Clergie LIV. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six moneths after Proclamation made in London in that behalf return into this Realm and within two days after such return before the Bishop of the Diocess or two Justices of Peace of the County where they shall arrive submit themselves to the Queen and her Laws and take the Oath of Supremacie shall be also adjudged guilty of high Treason LV. They who give or send relief to any such Ecclesiastical person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire LVI These offences shall be heard and determined in the King's Bench or in any County where they shall be committed or the offender taken LVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three days after his arrival shall submit himself to some Arch-bishop Bishop or Justice of Peace of the County where he lands and there take the Oath of Supremacie and under his hand acknowledge to continue in due obedience to her Majestie 's Laws LVIII Here the trial of a Peer shall be by his Peers ☞ LIX If any person knowing a Jesuit or Priest to remain within any of the Queen's Dominions do not within twelve days discover the same to some Justice of Peace he or she shall make fine and suffer imprisonment during the Queen's pleasure and the Justice of Peace which doth not within 28 days after disclose it to some of the Privy Council or to the President or Vice-President of the Councils in the North or Marches of Wales shall forfeit 200 marks and such of those Councils unto whom such information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them LX. All Oaths Bonds and submissions as aforesaid shall within three moneths be certified into the Chancery by the parties before whom they are taken in pain of 100 l. LXI None having submitted as aforesaid shall within ten years after come within ten miles of the Court in pain to lose the benefit of his submission LXII Stat. 29 El. 6. All grants incumbrances or limitations of use made by any person not repairing to Church according to the Stat. of 23 El. 1. and which are revocable by the offender intended for his maintenance left at his disposition or in consideration whereof he or his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seizures for the same purpose ☞ LXIII Every conviction of any offence before mentioned shall be in the King's Bench or at the Assize or Gaol-delivery and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the Term then next following LXIV The Queen may seize all the goods and two third parts of the lands and leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay in to the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth for so long time as they shall forbear to come to Church according to the said Stat. of 23 Eliz. 1. LXV The indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realm LXVI When an indictment is found against such an offender Proclamation shall be made that he shall render himself into the Sheriff's hands before the next Assize or Gaol-delivery which if he do not that neglect shall be as sufficient a conviction as if upon the same indictment a trial by verdict had proceeded LXVII But here upon the offender's submission according to the said Stat. of 23 El. or death no forfeiture shall insue save onely the arrearages due at the time of such submission or death LXVIII The Lord Treasurer Chancellor and chief Baron or any two of them shall assign a third part of the forfeitures of 20 l. a month for the relief and maintenance of the poor houses of Correction and maimed souldiers LXIX This Act shall not extend to grants made bona fide nor to continue any seizure after the death of the offender in such lands wherein he had onely an estate for life or in the right of his wife * LXX Stat. 35 El. 1. If any above sixteen years of age shall be convicted to have absented themselves above a moneth
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
party at the time of his apparance was in prison beyond sea or in the Queen's service shall be discharged The Exchequer-Fees for respect of Homage The value of the Land The Queen's Fee The Remembrancer's Fee The Entry The Attourney's Fee  li.  li. sh d. sh d. sh d.   sh d. A 100 ad 60 10 00 01 08 00 04 By some  03 04 A 60 ad 30 06 08 01 08 00 04 By some  01 08 A 30 ad 20 05 00 01 08 00 04 By some  00 00 A 20 ad 15 03 04 01 01 00 04  l. sh d A 15 ad 10 02 00 01 08 00 04 By some voluntary annuities for all matters 2 00 0 A 10 ad 10 m 01 80 01 08 00 04 1 00 0 A 10 m ad 5 li. 01 00 00 00 00 04 0 13 4 A 5 li. ad 3 li. 05 08 00 08 00 04 0 10 0 A 3 li. infra 00 04 00 04 00 04 0 06 8           0 05 0           These never lose issues but have their fines paid whether they come or not LII The Treasurer's Remembrancer shall fatisfie every subjects charges that shall be vexed upon a supposal to be set by the Court so also shall his Clerks pay the issues lost when the subject hath duly paid his respect of Homage to be proved by the acquittance LIII The Treasurer's Remembrancer may by order of the Exchequer issue out process for the discovery and preservation of tenures notwithstanding this Act Howbeit no such tenure appearing the party shall be discharged without plea or fee. ☞ Escheators I. Stat. 14 E. 3.8 Escheators shall be chosen by the Chancellor Treasurer and chief Baron calling to them the two chief Justices as Sheriffs use to be chosen and they shall not continue in their office above one year II. Stat. 34 E. 3. Stat. 1.13 Every Escheator shall take his Enquests of good and lawful men well inherited and good same and inhabiting the County where the inquiry is made And the Enquest so taken shall be indented between him and the Jurors otherwise they shall be void The Enquests shall also be taken in good towns openly and not privily III. Stat. 34 E. 3. Stat. 1.14 Traversees of offices found before the Escheators shall be tried in the Bench. * IV. Stat. 36 E. 3. Stat. 1.13 An Escheator shall have no fee of the lands of the King's ward neither shall he commit any waste therein in pain of forfeiting treble dammages at the ward's own suit or by his friends The same law is also of other land seised by Enquest of office V. Land seised into the King's hand by an Escheator shall be let to farm by the Chancellor to him which tendreth a traverse to the office VI. Enquests shall be taken openly and by Indenture as aforesaid and if the Escheator do contrary to this Act he shall suffer two years imprisonment and be ransomed at the King's will VII Stat. 42 E. 2.5 None shall be Escheator unless he have 20 l. of land at least in fee He shall execute his office in proper person and upon the putting in of another his office determines VIII Stat. 8 H. 6.16 No Escheator or Commissioner shall take any Enquests but such as are impannelled by the Sheriff of the County within which he bears that office in pain of 40 l. to be divided betwixt the King and the party grieved IX Lands seised by the Escheator shall not be let to farm before the officer be fully returned and then they shall be let to him that tendreth a traverse to the office he finding surety to prosecute it with effect and to answer the profits in case he cannot maintain the traverse but then he must tender his traverse within a moneth after the return X. The Escheator or Commissioner shall return the office within a moneth in pain of 20 l. to be divided betwixt the King and the prosecutor XI Stat. 18 H. 6.6 No lands shall be granted before the King's title thereunto be found by inquisition nor within a moneth after unless it be to him that tendreth his traverse as aforesaid * XII Stat 18 H. 6.7 The Escheator shall return an office found before him into the Chancery or Exchequer within one moneth after the taking thereof in pain of 40 l. given by the Stat. of 8 H. 6.16 and besides to answer so much to the King as he is damnified for not returning the same XIII Stat. 23 H. 6.17 The Escheator shall take his inquest within one moneth after the delivery of the Writ unto him and that in some good Town openly XIV He shall not take above 40 s. for the execution of one writ in one County and that onely when his labour and costs require it otherwise he ought to take less and all this in pain of 40 l. to be divided betwixt the King and the prosecutor XV. If any will traverse an office no protection shall lie for the Patentee and concerning the demise of the lands to him that tenders a traverse the Statutes of 36 E. 3.13 8 H. 6.16 18 H. 6.6 shall be duly observed XVI Stat. 12 E. 4.9 None shall take upon him to be an Escheator or Deputy to an Escheator unless the Escheator himself hath free-hold within the County worth 20 l. per annum in pain of 40 l. to be divided betwixt the King and the prosecutor XVII His Deputy or Farmer shall be a sufficient man and shall certifie into the Exchequer his deputation within 20 dayes next after it is made upon the like pain of 40 l. to be divided as aforesaid XVIII Justices of Peace in Sessions have power to hear and determine these defaults and give judgment for the recovery of the said forfeitures XIX This Statute shall not restrain Corporations which have power by their Charter to appoint Escheators XX. Stat. 1 H. 8.8 No Office shall be returned into any of the King's Courts but such as is found by Jury in pain to forfeit 5 l. to the party grieved XXI The yearly revenue of an Escheator or Commissioner shall be fourty Marks in free-hold in the same County so that they shall not execute any Writ unless they have lands of that value in pain of 20 l. and the Commissioner not having such an estate may refuse to sit and shall be discharged upon oath without fine or fee. XXII They shall sit in open places according to former Statutes and shall take their evidence openly in pain of 40 l. XXIII Here if the Sheriff return a Juror not having 40 s. per annum free-hold in the same County he shall forfeit 5 l. XXIV The Inquisition shall be taken by Indenture whereof one part shall remain with the fore-man and the other part is to be delivered by the Commissioners or Escheator into the Petty-Bag-office from whence it is afterwards to
for the victualling or amending of Ships ☞ News * I. West 1.33 3 E. 1. None shall report any false or slanderous news or tales whereupon discord may arise betwixt the King and his People or the great men of the Realm in pain of Imprisonment until he produce the Author II. Stat. 2. R. 2. Stat. 1.5 None shall devise speak or tell any false news lies or other such false thing of Prelates Lords or the great Officers of the Realm whereby any discord or slander may arise in pain to be punished as by the Statute of westm 1. ordained III. Stat. 12. R. 2.11 When any one hath spoken falsities contrary to the aforesaid Statutes and cannot produce the Author and is thereupon imprisoned he shall afterwards be punished by the Kings Council notwithstanding the said Stat. of West 1. Nisi prius I. West 2.30 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin Mortdancester and Attaiuts and they shall associate unto them one or two of the discreetest Knights of the County where they come which Assizes and Attaints shall be taken but thrice in the year viz. 1. between 8. of July and the first of August 2. the 13. of September and the 6. of October the 3. of January and the 2. of February II. At such Assizes before they depart they shall appoint the day of their return and may also adjourn the Assizes from day to day if the taking of them happen to be deferred at any day by vouching to warranty essoin or default of jurors They may also adjourn Assizes of Mortdancaster being respited by essoin or voucher into the Bench and in such case shall send thither the Record thereof together also with the Original writ And when the matter is come to the taking of the Assize the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken But the Justices of the Bench in such Assizes shall give 4. dayes at least in the year before the Justices assigned to spare expence and labour III. All pleas in either of the Benches that require small examination shall be determined before them Howbeit it must be at a day and place certain appointed in the presence of the parties and mentioned in the Judicial writ by these words Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis nisi Talis Talis tali die loco ad partes illas prius venerint duodeeim c. And when the Inquests of such pleas are taken they shall be returned into the Bench where they were commenced to receive Judgement and to be inrolled And Judgement otherwise taken shall be void except in an Assize of Darrein presentment and Inquisitions of Quare impedit which shall be determined in their proper County before one of the Justices of the Bench and a Knight at a day certain in the Bench assigned whether the Defendant consent or not and there shall judgement also passe immediately IV. The Justices of the Benches shall have in their Circuits Clerks to inroll all pleas pleaded before them as hath been used in times past and the Justices assigntd shall not compell the Jurors to say precisely whether it be disseisin or not so as they will shew the matter of fact and then require aid of the Justices But if they will of their own head say that it is disseisin their verdict shall be admitted at their own peril And the Justices shall not put upon Assizes or Juries any other then such as were summoned for the same at the first V. Stat. Definibus levatis 27 E. 1.4 Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices before whom the plea is brought being associate to one Knight of the same County where such Inquest shall pass unless they require great examination And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa which see in Jurors VI. Stat. Eborac 12 E. 2.3 Inquests in pleas of land that require no great examination shall be taken in the County before a Justice of the Peace where the plea is accompanied with a substantial man in the Country whether Knight or other so as a certain day be given in the Bench and a certain day and place in the Countrey in the presence of the parties and the demandant request the same but Inquests of Pleas that require great examination shall be taken in the Countrey in manner aforesaid before two Justices of the Bench. VII Stat. Ebor. 12 E. 2.4 Justices of Nisi prius have power to record non-suits and defaults in the Countrey at the dayes and places assigned and shall report them in the Bench at a day certain there to be inrolled and thereupon Judgment shall be given VIII Stat. 2 E. 3.16 Inquests in pleas of Land shall be as well taken at the request of the tenant as of the demandants notwithstanding the Statute of 12 E. 2.3 IX Stat. 4 E. 3.11 Justices of the Benches of Assiise and of Nisi Prius shall have power to hear and determine maintenance conspiracy confederacy and champerty as well as Justices in Eyre And that which cannot be determined before the Justices of either Bench upon the Nisi Prius shall be adjourned unto the Bench where they are Justices and shall be there determined Note that this Statute is confirmed by the Statute of 7 R. ◠15 which see in Maintenance X. Stat. 14 E. 3. Stat. 1.16 A Nisi prius in the Kings Bench shall be granted before a Justice of that place if any Justice of that place may well go into those parts if not then before a Justice of the Common Pleas so likewise those in the Common Pleas shall be grantable before a Justice of the Kings Bench if he may go thither vice versa but if none of them may go then before the chief Baron if c. or else before the Justices assigned to take Assizes in those parts so as one of them be a Justice of one of the Benches or the Kings Serjeant sworn And here to avoid fraud if one party demand a tenor of the record another tenor thereof shall be also upon request delivered to the other party XI Where Assizes of Quare impedits and Darrein presentments are triable in the Countrey by Nisi prius before the Justices of either Bench the chief Baron or Justices of Assize they may there give Judgment upon them XII Stat. 7 R. 2.7 In all pleas where Nisi prius is grantable of office after the great distress returned and three times served before the Justices against the Jurors and thereupon the parties demanded if either party will pursue or if they refuse to have a Nisi prius in the case then at the suit of any of the Jurors there present a Writ of Nisi prius shall be
the Kinsfolk that have such Ward from the time that Writs of impleading have not been granted which seems to be by Magna Charta 27. See before 3. shall have such Wardship to the heirs advantage without making waste sale or destructions as aforesaid XIV West 1.21 3 E. 1. Guardians shall keep the Lands in Ward without destruction according to Magna Charta so also shall Archbishopricks Bishopricks Abbacies Churches and all spiritual dignities be kept in time of vacation XV. West 1.22 3 E. 1. The Statute of Merton 6. before 4. as to the marriage of heirs without their Guardians consent is confirmed XVI The Lord may hold the land of heirs females two years after their age of 14. within which two years if he marry them not they shall go quit without giving any thing for the Wardship or Marriage and if they will not accept a convenient marriage tendered by the Lord he shall hold their land till their age of 21 years and over untill he have taken the value of the marriage XVII West 2.16 13 E. 1. Where one holdeth sundry lands of divers Lords by Knight-service that Lord shall have the marriage by whom the childs Ancestor was first enfeoffed without having respect to the sex or the quantity of the land but only to the more ancient Feoffment XVIII West 2.35 13 E. 1. Where children whose marriage belongeth to another are taken away the ravisher having no right to marriage albeit the ravisher afterwards restore the child unmarried or pay for the marriage yet for his offence he shall be punished by two years imprisonment and in case he do not restore or marry the child after years of consent and be not able to satisfie for the marriage he shall abjure the Realm or hav perpetual imprisonment and thereupon the Plaintiff shall have a Writ of Ravishment of Ward in this form XIX Si A. secerit te securum de clamore sue c. tunc pone per vad c. B. quod sit coram Justic c. oftensurus quare talem haeredem insâ—â—a aetatem existentem cujus maritagium ad ipsum pertinet tali loco inventum rapuit abduxit contra voluntatem ipsius A. contra pacem nostram c. XX. If the heir be in the same County then this clause is to be added Et diligenter inquiras ubi ille haeres sit in baliva tua ipsum ubicunque fuerit inventus capias salvo secure custodias ita quod eum habeas coram praefat Justic nostris ad praefat terminum ad reddendum cui praedictorum A. vel B. reddi debeat XXI Process shall be made against the offender by distress if he have whereby to be distrained or else for his contumacy he shall be outlawed XXII If the heir be married or carried into another County the Writ shall be directed to the Sheriff of that other County in this form Questus est nobis A. quod B. nuper talem haeredem infra aetatem in custodia sua existentem tali loco in tali Comitatu rapuit de Comitatu tali ad talem locum in Com. tuo abduxit Contra voluntatem ipsius A. contra pacem nostram c. Et ideo tibi praecipimus quod praedicium haeredem ubicunque in baliva tua invenire poteris capias salvo secure eum custodias Ita quod eum habeas coram Justic nostris c. tali dic quam idem A. habet versus praedict B. ad reddendum cui de jure reddi debeat XXIII The death of the heir before he can be found or restored to the Plaintiff shall not stop the Suit nor excuse the ravisher from punishment or if the Plaintiff die his heir shall revive the Suit if the right did belong unto the Plaintiff by reason of his proper fee but if it were by gift sale or the like the suit shall be revived by his Executors or in case the Defendant die the suit shall be re-summoned betwixt the Plaintiff his heirs or executors and the Executors of the Defendant or his heirs if the Executors be not sufficient to satisfie the value of the marriage but not as to the pain of imprisonment for none shall be punished for anothers offence XXIV Also in a Writ de Communi custodia if either party die hanging the Suit resummons shall be made betwixt the heirs and executors of the Plaintiff and the heirs and executors of the Defendant and when they have passed to the great distress day shall be given within which time three Counties may be holden at least in every of which proclamation shall be made that the deforceor shall appear in the Bench at the day contained in the Writ to answer the Plaintiff at which day if he come not and the proclamation be returned once twice or thrice the Judgment shall pass for the Plaintiff saving the defendants right if after he will claim it The like also shall be done in a writ de ejectione custodiae XXV The Stat. of Wards and Reliefs 28 E. 1. where any relief is given there Wardship is incident contra XXVI Unto Grand Serjeancy viz. to go with the King in his Host ward and relief are incident but not to petty Serjeancy as to bear shield or spear there XXVII A free Sokeman shall neither give ward or relief but shall double his rent after the death of his Ancestor and shall not be unmeasurably grieved XXVIII There are two kinds of Writs to recover Wards viz. the one is where land is holden in Knight-service and the other where it is holden in soccage The Ward of Land in Knight-service belongs to the Lord and the marriage also which ought to be without disparagement untill he attains to the age of 21 years XXIX The Ward of an Heir that holdeth in soccage if the land descended on the mothers side belongs to the next friend on the Fathers side contra XXX There are three manner of Writs to recover Wards 1. When both the land and heir is demanded called a Writ de Communi custodia and in this case the chief Lord shall recover both the Ward and marriage 2. When the tenant hath purchased lands holden of several Lords in which case the Lord of whom the land last purchased is holden shall neither have the land nor heir but the Lord that first enfeoffed the tenant shall have them 3. When one hath lands by reason of a Ward but hath not the Heir here he may have a Writ to demand the heir and not the land and this is called a Writ of Ravishment of Ward XXXI Prerog Reg. 1. 17 E. 2. The King shall have the Ward of all lands holden of him in chief by Knight-service whereof the Tenant dyed seised of whomsoever they hold by like service so as they held anciently any land of the Crown until the Heir came to his lawful age except the fees of the Archbishop of Canterbury the Bishop of Duâ—â—sme
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
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
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