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
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.
have Lands in the same County sufficient to answer the King and his people LXXXX Every Sheriff having obtained a Quietus est as by the Act 21. Iac. Ca. 5. he might the Sheriff his Heirs Executors Land and Tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgement given within 4 years after the same and every Officer by whose default any process shall be sent contrary to this Act shall incur the same penalty as aforesaid Provided this Act not to extend to the Counties of Chester Lancaster Durham or the Counties of Wales being Counties Palatines as to the manner of their accompting who are to accompt before the respective Auditors as formerly 2. Not to extend to enjoyn the Remembrancers to tranâ—tribe to the Engroser of the great Roll any Inquisitions or seisures but such as have been formerly charged in the forraign accompts of Sheriffs But Inquisitions upon attainders and other forfeitures to be put in charge as formerly 3. Nor to exclude his Majesties Remembrancer from writing forth process for his Majesties Debts Duties Outlawries or other charge or process of levari fac at any persons suit to levy Issues of Lands seised or venditioni exponas for goods for any debt to the King or upon Outlary or to alter any pleading touching the same 4. That no Debt Duty Fine Amercement or seisure charged in the great Roll of the Pipe by any Record in the Office of the Kings Remembrancer nor any proceeding thereupon be stayed compounded or discharged but by order or Judgment entred in the said Office of the Kings Remembrancer where the original of such debt or charge remaineth 5. If any the debts seisures fines or other be not levyed or payd upon process of summons of the Pipe the Clerk of the Pipe shall the next Terme after return of such process certifie the Office of the Kings Remembrancer who shall issue process for levying the same 6. Antient and lawful fees belonging to the Office of the Kings Remembrancer not abridged by this Act. The Act to continue to the end of the first Session of the next Parliament and no longer Ships I. Stat. 38 E. 3.8 No owner of a Ship shall forfeit the same for any small thing put thereinto without his knowledg not customed for II. Stat. 5 R. 2.3 None of the Kings Subjects shall export or import any Merchandize but only in Ships of the Kings allegiance in pain to forfeit all Merchandise otherwise conveyed or the value thereof whereof the finder shall have a third part of the Kings gift III. Stat. 6 R. 2.8 The Statute of 5 R. 2.3 shall onely have place where able and sufficient Ships of the Kings allegiance may be found otherwise the Merchants may hire other Ships the said Statute notwithstanding IV. Stat. 14 R. 2.6 English Merchants shall fraight within the Realm in English Ships and not in ships of strangers so as the owners of such English ships take reasonably for their fraights V. Stat. 4 H. 4.20 Pars indâ— All Merchandize imported and exported shall be charged and discharged in great Sea-Ports and not in creeks and small arrivalls in pain to forfeit to the King all Merchandize otherwise charged or discharged except any Vessell shall be driven into such small Creek by tempest VI. Stat. 15 H. 6.8 None shall ship any Wooll woolfels or other Merchandize pertaining to the Staple but only at the Keys and Ports assigned by the Statute where the Kings Weights and Woolls are set VII Every Master of a Vessel wherein such Merchandize is shipped shall give good security to the Customers there to transport the same to the Staple at Câ—lats and to bring a certificate thereof from thence saving to all Merchants of Jeanâ— Venice Tuscany Lombardy â—lorence and Catalâ—iâ— and to the Burgesses of Barwick their liberty formerly granted by Statute VIII Stat. 4 H. 7.10 No Gascoign or Guien-wine or Tholonse-woad shall be imported into this Realm but in English-vessels in pain to forfeit the same IX None shall fraight in any strangers ship any Merchandize to be imported or exported into or out of this Realm if he may have sufficient fraight in the same Port in a Denizers ship in pain to forfeit all Merchandize otherwise shipped to be divided betwixt the King and the seisor X. This Act shall not extend to any ship having Merchandize forced by tempest into any part within this Realm so as the owner thereof make no sale of such Merchandize within this Realm save only for necessary victual or repairing of the ship and tackle XI Stat. 32 H. 8.14 Gascoigne or Guian Wines or Tholouse-Woad may be imported into this Realm in any other ships as well as English notwithstanding the Statute of 4 H. 7.10 XII Stat. 1 El. 13. The Statute of 5 R. 2.3 and 4 H. 7.10 are made void XIII If any owner of any Merchandize shall in time of Peace embarque or unload any part thereof Mastraff Pitch Tar and Corn only excepted out of or into any other then an English bottom he shall pay custome for the Queen for the same as an alien XIV No English man shall cross the Sea with any Hoys or Plats in pain to forfeit the same to be divided betwixt the King and the prosecutor XV. Provided that Merchants at their several shippings of cloth or â—ooll out of the Thames to be twice in the year at the most may inâ—â—â—que Merchandize in a strangers ship so long as there are not English ships enough and convenient to convey such Merchandize â—â— Flanders Holland Zealand or Brabant without paying any greater custome than English men use to do Also Bristoll men shall do the like by reason of greater losses lately suffered by them XVI Stat. 5 El. 5. Any Subject may export out of this Realm without paying custome for the same But this Act was expired by the Queens death XVII None shall set price make restraint or demand toll of any Sea-fish imported into this Realm by any of the Queens Subjects in pain to forfeit the value of such fish so set price of restrained or tolled XVIII This Act shall not restrain the Inhabitants of Hull to take Toll and Custome according as is limited by the Statute of 33 H. 8.33 which see in Hull 1. Howbeit they shall not take liberty thereby to transport Herring or salt-fish XIX No Purveyor shall take any Sea-fish of any that shall take the same in any Subjects ship in pain to forfeit the double value thereof Howbeit Composition fish of people travelling into Ireland due to the Queen and other persons shall be paid as formerly XX. No Herring shall be bought of a stranger or out of his bottome being not sussicsently salted pickled and casked in pain to forfeit the same or the value thereof except such Vessell be driven in by shipwrack XXI No fish victual wares or things shall be transported in a strangers bottom from one Port to another within this Realm
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
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
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
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
thereupon a Writ awarded to the Sheriff and returned into the Common Pleas and the Statute there mee shewed albeit the process thereof be after that discontinued yet the party shall have the process re-continued and shall also have re-execution upon the same Statute without shewing it again to the Court. XXXI Stat. 11 H. 6.10 He that sueth for a Scire facias in Chancery to defeat an Execution upon a Statute-staple shall find surety both to the King and the Recognizee to prosecute his Suit with effect c. XXXII Stat. 23 H. 8.6 The Chief Justices of the Kings Bench and Common Pleas or either of them or in their absence out of the Term the Mayor of the Staple at Westminster and the Recorder of London joyntly together shall have power to take Recognisances for the payment of debts in this sorm following XXXIII Noverint universi per praesent nos A.B. D.C. teneri firmiter obligari Johanni Style in cent libr. Sterling solvendis eiden Johanni aut suo cert Atornat hot script ostend haered vel execut suit in tal fest c. proxim futur post dat praesent si desecero vel defecerimus in solutione debit praedict Volo conced vel sic Volumus concedimus quod tunc currat super me haered execut meos vel Super nos quemlibet nostrum haered execut nostros poena in statuto Stapul de debit pro Merchandisis in ead emptis recuperand ordinat provis dat talï dir Anno regni regis c. XXXIV Such Obligation shall be sealed with the Seal of the Recognisor or Recognisors as also with such a Seal as the King shall appoint for that purpose and with the Seal of one of the chief Justices or the Seals of the said Mayor of the Staple and Recorder and every of the said Justices and the said Mayor and Recorder shall have the custody of one such Seal to be appointed by the King as aforesaid XXXV The Clerk of the Recognisances to be also appointed by the King or his sufficient Deputy or Deputies shall write and inroll such Obligatiors in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Mayor and Recorder that take such Recognisance and the other with the writer thereof Also such Clerk or his Deputy or Deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. XXXVI The Clerk or his Deputy at the request of the Creditors their Executors or Administrators shall certifie such Obligations into the Chancery under his or their Seal XXXVII The Recognisees of such Obligations their Executors and Administrators shall have in every point degree and condition against the Recognisors their Heirs Executors and Administrators such Process Execution commodity and advantage as hath been had upon an Obligation of the Statute of the Staple and shall also pay like Fees for the same XXXVIII Here the Recognisor so bounden or otherwife grieved by such an Obligation shall have like remedy by Audita Qucrela and all other remedies in the Law as upon Obligations of the Statute of the Staple XXXIX Upon the sealing of the process for the execution of every such Obligation the King shall have an half-peny in the pound XL. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy as upon an Obligation of the Statute of the Staple XLI The Justices or the Mayor and Recorders fee for taking such a Recognisance is 3 s. 4 d. and the Clerks fee is as much and his fee for certifying such an Obligation is 20 d. And none of them shall take more in pain of 40 l. XLII From henceforth the Mayor or Constable of the Staple shall take no Recognisance of the Statute of the Staple in pain of 40 l. except between Merchants being free of the same Staple for Merchandize of the said Staple between them lawfully bought and sold XLIII The forfeitures abovesaid are to be divided betwixt the King and the prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed XLIV Stat. 16 and 17 Car. 2. cap. 5. When any Judgment Statute or Recognisance shall be extended it shall not be avoided or delayd by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of contribution against such persons whose Lands be or shall be extended out of such Extent from time to come XLV Provided This Act give no extent or contribution against any heir within the age of 21 years during such minority further then might have been before this Act. XLVI Provided This Act extend only to such Statutes as be for payment of moneys And to such Extents as shall be within 20 years after the Statute Recognisance or Judgment had This Act to continue 3 years and from thence to the end of the next Session of Parliament and no longer ☞ Records I. Stat. 9 E. 3.5 Justices of Assize Goal-delivery and Oyer and Terminer shall yearly at Michaelmas send all their Records and Processes determined and put in execution into the Exchequer which the Treasurer and Chamberlains there shall receive under their seals and keep them in the Treasury Howbeit the said Justices shall first take out the Estreats of the said Records and Processes to send them to the Exchequer as they were wont to do Recoveries I. Stat. 7 H. 8.4 Recoverers of Mannors Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make Avowry and justifie the same and have like remedy for recovering them as the Recoverer might have done or had Albeit the said Recoverers were never seised thereof And shall also have a Quare Impedit for an Advowson if upon a Voydance any disturbance be made by a stranger as the Recoverers might have had albeit they were never seised thereof by presentation II. Here every Avowant or Bailiff in any Râ—plegiarie or second Deliverence if their Avowrie Conusance or justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs III. Stat. 21. H. 8.15 A Termer for years may falsifie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assigns according to his Lease IV. Also the Recoverer shall have like remedy against the termer his Executors or Assigns by Avowrie or Action of debt for Rents and Services reserved upon such Lease and due after such recovery and also like action for waste done after such recovery as the lesser might have had if such recovery had never been V. No Statute of the Staple Statute-Merchant or execution by Elegit shall be avoided by such feigned recovery but such tenants shall also have like remedy to falsifie such recoveries as is
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