you the said Thomas Edwards are no Graduate 4. That you knowing the Premisses notwithstanding you the said Edwards c. of purpose to disgrace the said Dr. Walton c. did against the Rules of Charity write and send to the said Dr. Walton a leud and uncharitable Letter taxing him therein of want of Skill and Judgment in his Profession c. And so far you exceeded in your said uncivil Letter that you told him therein in plain terms He may be crowned for an Ass c. 5. And further to disgrace the said Mr. Dr. Walton in the said University did publish a Copy of the said Letter to Sir William Courtney and others and in your Letter was contained Sipsâ—lam lichenen mentegram Take that for your Inheritance and thank God you have a good Father And did you not covertly imply thereby that the said Dr. Waltons Father late Bishop of Exeter was subject to the French Pox and Leprosie c. 6. That in another Letter you sent to Dr. Maders Dr. in Physick also you named Dr. Walton and made a Hoâ—n in your Letter Whether you meant not thereby that they were both Cuckolds or what other meaning you had 7. You knowing Dr. Walton to be one of the High-Commission in the Diocess of Exeter and having obtained a Sentence against him in the Star-Chamber for contriving and publishing a Libel did triumphingly say You had gotten on the Hip a Commissioner for Causes Ecclesiastical c. which you did to disgrace him and in him the whole Commission in those Parts 8. That after the Letter Missive sent to you you said arrogantly That you cared not for any thing this Court can do for that you can remove this Matter at your pleasure And this Term it was moved to have a Prohibition in this Case and the matter was well argued And at last it was Resolved by Coke Chief Justice Warberton Daniel and Foster Justices That the first six Articles were meerly Temporal and in truth is in the nature of an Action upon the Case for Scandal of Dr. Walton in his Profession of Physick and therefore for them a Prohibition doth lye for divers Causes 1. Because the Persons and Matters are Temporal 2. Because it is for Defamation which if any such shall be for the same it ought to begin before the Ordinary because it is not such an enormous Offence which is to be determined by the High-Commissioners nor doth Suit lye before them for calling the Doctor Cuckold as in the seventh Article And 't was said the Commissioners ought to incur the danger of Praemunire 2. It was Resolved That the Ecclesiastical Judge cannot examine any man upon his Oath upon the Intention and Thought of his Heart for cogitationis poenam nemo â—moret for the Proverb saith Thought is free And therefore for the 6th and 7th were Resolved as well for the Matter as for the Form to be such to which the Defendant was not compelled to answer And that to the 7th he might justifie the same because it appears upon his own shewing that the Doctor was sentenced in the Star Chamber Also the Libel is meer Temporal and if it were Spiritual such a Defamation is not examinable before the High-Commissioners As to the last Article it appeareth now by the Judgment of this Court that he might well justifie the said Words Also the Commissioners shall not have any Conuzance of Scandal to themselves they being Parties and such Scandal punishable by the Common-Law as was resolved in Hales Case in Dyer and in my Book of Presidents Hales Indictment c. The Bishop of Winchester being Visitor of Winchester-School and other his Collegues Anno 5 Car. cited the Usher of the said School by force of the said Commission to appear before them c. for which they incurred the danger of Praemunire So did the Bishop of Canterbury and his Collegues for citing one Humphry Frank Master of Arts and School-Master of Sevennock School c. and proceeding c. Mich. 6 Jac. Regis Taylor and Shoyl's Case Taylor informed upon the Statute 5 Eliz. cap. 4. Tam pro Dom. Râ—ge quaâ— prose in the Exchequer That the Defendant had used the Art and Mystery of a Brewer c. and averred That Shoyl the Defendant did not exercise the Art or Mystery of a Brewer at the time of making the Act nor had been Apprentice 7 years c. The Defendant demurred in Law upon the Informaâ—â—on and Judgment was given against him by the Barons And now in this Term upon a Writ of Errour the Matter was argued at Sergeants Inne before the two Chief Justices And two matters were moved 1. One That a Brewer is not within the said Branch of the said Act for the words are That it shall not be lawful to any Persons other than such as now use lawfully any Art Mystery or Manual Occupation to set up or use any Art Mistery or Manual Occupation except he shall have been brought up therein 7 years at least as an Apprentice And 't was said That the Trade of a Brewer is not any Air Mistery or Manual Occupation within the said Branch because it is easily and presently learned and needs not 7 years Apprenticeship to learn the samâ— it being every Country Housewifes Work And the Act of H. 8. is That a Brewer is not a Handicraft Artificer 2. It was moved That the said Averment was not sufficient for it ought to be as general as the Exception in the Statute is 1. To the first it was Resolved That the Trade of a Brewer viz. To hold a Common Brewhouse to sell Beer or Ale to another is an Art and Mystery within the said Act for in the beginning of it it is Enacted That no Person shall be retained for less time than a whole year in any the Services Grafts Mysteries or Arts of Cloathing c. Bakers Brewers c. Cooks c. Upon which words in the said Branch the Information is grounded Also because every Housewife brews for her private use so also she bakes and dresseth meat yet none can hold a Common Bakehouse or Cooks Shop to sell to others unless he hath been an Apprentice c. And the Act 22 H. 8. c. 13. is explained That a Brewer Baker Surgeon and Scrivener are not Handicrafts mentioned in certain penal Laws but the same doth not prove but they are Arts or Mysteries 2. As to the second it was Resolved That the Intention of the Act was that none should take upon him any Art but he who hath Skill or knowledg in the same for Quod quisque norit in hoc se exerceat And so the first Judgment was affirmed Mich. 6 Jac. Regis In the Common-Pleas The Case of Modus Decimandi Sherly Sergeant moved to have a Prohibition because a Parson sued to have Tythes of Sylva Coedua under 20 years growth in the Weild of Kent where by the Custom no Tythes were ever paid of any Wood And if
positivi Juris est And he holds that a Portion is due by the Law of Nature which is the Law of God but it pertains to the Law of Man to assign Hane vâ—l illam portionem And saith further That Tythes may be exchanged into Lands Annuity or Rent c. And also that in Italy and other the East-Countries they pay not Tythes but a certain Portion according to the Custom And forasmuch as the Tenth Part is now due Ex Institutione Ecclâ—â—â—ae that is by their Canons and it appears by 25 H. 8. cap. 19. That all Canons c. made against the King's Prerogative c. are void and that Law was but Declaratory for no Statute or Custome of the Realm can be abrogated by any Cannon c. and that well appeareth by 10 H. 7. fol. 17. cap. 18. The second Point which agrees with the Law at this day which was adjudged in the said Record 25 H. 3. is That the Limits and Bounds of Towns and Parishes shall be trayed by the Common-Law and not by the Spirituall Court And in this the Law hath great Reason for thereupon depends the Title of Inheritance of the Layfee whereof the Tythes were demanded for Fines and Recoveries are the common Assurances of Lay-Inheritances and if the Spiritual Court should try the Bounds of Towns if they determine that my Land lyeth in another Town than is contained in my Fine Recovery or other Assurance I am in danger to lose my Inheritance and therewith agrees 39 Ed. 3. 29. 5 H. 5. 10. 32 Ed. 4. Consultation 3 Ed. 4. 14. 19 H. 6. 20. 50 Ed. 3. 20. and many other Presidents to this day And Note There is a Rule in Law that when the Right of Tythes shall be tryed in the Spiritual Court and the Spiritual Court hath Jurisdiction of the same that our Courts shall be oâ—sted of the Jurisdiction 35 H. 6. 47. 38 H. 6. 21. 2 Ed. 4. 15. 22 Ed. 4. 13. 38 Ed. 3. 36. 14 H. 7. 17. 13 H. 2. Jurisâ— 19 and when not ousted 12 H. 2. Jurisdiction 17. 13 â— 2. ibid. 19. 7 H. 4. 34. 14 H. 4. 17. 38 Ed. 3. 56. 42 Ed 3. 12. And the Causes why the Judges of the Common-Law would not permit the Ecclesiastical Judges to try Modum Decimandi being pleaded in their Court is because that if the Recompence which is to be given to the Parson in satisfaction of his Tythes doth not amount to the value of his Tythes in kind they would overthrow the same And that appears by Linwood among the Constitutions Simonis Mepham tit de Decimis cap. Quoniam propter fol. 139. b. verbo Consuetudines And that is the true Reason and therefore a Prohibition lyes and therewith agrees 8 Ed. 4. 14. and the other Books aforesaid and infinite Presidents See 7 Ed. 6. Dyer 79. and 18 Eliz. Dyer 349. the Opinion of all the Justices Mich. 6 Jacobi Regis In the Exchequer Baron and Boyse Case In the Case between Baron and Boys in Information upon the Stat. 5 Ed. 6. cap. 14. of Ingrossers after Verdict it was found for the Informer that the Defendant had ingrossed Apples against the said Act. The Barons held clearly that Apples were not within the Act and gave Judgment against the Informer upon the matter apparent to them and caused the same to be entred in the Margin of the Record where the Judgment was given The Informer brought a Writ of Errour in the Exchequer Chamber and the onely Question was Whether Apples were within the said Act. The Letter of which is viz. That whatsoever person c. shall ingross or get into his or her hands by buyiâ—â— c. any Corn growing or other Corn or Grain Butter Cheese Fish or other dead Victuall c. to sell the same again shall be accepted c. an unlawsul Ingrosser And though the Sâ—at 2 Ed. 6. 6. 15. numbreth Butchers Brewers Bakers Cooks Coster Mongers and Fruiterers as Victuallers yet Apples are not dead Victuals within the 5 Ed. 6. there being no Provisoe for Coster-mongers and Fruiterers in the said Act as there are for Buyers and Sellers of Corn and other Victualâ— Also ever since the Act they have bought Apples by Ingross and sold them again and yet no Information was ever before this for the same being for Delicacy more than necessary Food But the Stat. 5 Ed. 6. is intended of things necessary for sustenance of man where the Statute of 2 Edward the 6. 15. made against Conspiracies to enhance the Prices was done by express words to extend it to things which are more of pleasure than profit But this was not resolved by the Justices because the Information was conceived upon that Branch of the Statute concerning Ingrossers Hill 27 Eliz. in Chancery Hill 27 Eliz. In Chancery the Case was thus Ninian Menvil seized of certain Lands in Fee took a Wife and levyed a Fine of the said Lands with Proclamations and afterwards was indicted and outlawed of High-Treason and dyed The Conusees convey the Land to the Queen who is now seized The five years pass after the Husband's death the Daughters and Heirs of the said Ninian in a Writ of Errour in the Kings-Bench reverse the said Attainder M. 26 and 27 Eliz. and thereupon the Wife sues to the Queen by Petition containing all the special matter Which Petition being indorsed by the Queen Fait droit aux Parties c. the same was sent into Chancery as the manner is And in this Case divers Objections were made against the Demandant 1. That the Fine with Proclamations should bar the Wife of Dower and the Attainder of her Husband should not help her for as long as that remained in force the same was a Bar also of her Dower But admit the Attainder of the Husband shall avail the Wife the same being reversed by a Writ of Errour and so in Judgment of Law as if it had never been and against which a man might plead there is no such Record agreeing with the Book 4 H. 7. 11. and the Case in 4 H. 7. 10. b. is A. seized of Land in Fee was Attaint of Hâ—gh-Treason The King grants the Land to B. and afterwards A. committed Trespass upon the Land and after by Paâ—l A. was restored and the Attainder void This shall be as auciplable and ample to A. as if no Attainder had been Afterwards B. brinâ—s Trespass for the Trespass Mesne and it was adjudged 10 H. 7. f. 22. b. that the Action of Trespass was not maintainable because the Attainder was annulled ab initio 2. It was objected That the Wife could not have a Petition because there was not any Officâ— by which her Title of Dower was sound viz. her Marriage her Husbands Seizin and Death for it was said that though he was marryed yet if her Husband was not seized after the Age that she is Dowable she shall not have Dower And the Title of him that sueth by Petition ought to be
found by Office as appears by the Books 11 H. 4. 52. Ass 31. 30. Ass 28. 46 Ed. 3. bre 618. 9 H. 7. 24. c. 1 As to the first it was Resolved That the Wife should be endowed and that the Fine with Proclamations was not a Bar to her and yet it was Resolved That the Act 4 H. 7. c. 24. shall barre a Woman of her Dower by such a Fine if the Woman bring not her Writ of Dower within five years after the Husbands death as was adjudged Hill 4 H. 8. Rot. 344. in the Common-Pleas and 5 Eliz Dyer 224. For by the Act the Title of Feâ—e-Covert iâ— saved by taking Action in 5 years after she is uncovert c. But it was Râ—solved That the Wife was not to be aâ—dâ—d by that saving for in respect of her Husbands Attainder she had not any Right of Dower at his death nor could sue for the same after his death But it was Resolved That the Wife was to be aided by another former saving in the same Act viz. And saving to all other persons viz. who were not Parties to the Fine such Action Right c. as shall first grow or come c. to them after the Fine ingrossed and Proclamations made by force of any Gift in Tail or other Cause or Matter before the Fine levyed so that they take their Action and pursue their Title within 5 years after such Right come to them c. And in this Case the Action and Right of Dower accrewed to the Wife after the Reversal of the Attainder by reason of a Title of Record before the Fine by reason of the Seizin in Fee had and Marriage made before the Fine levyed according to the meaning of the said Act. And as to the Point of Relation it was Resolved That sometimes by construction of Law a thing shall relate ab initio to some intent and to some not for relatio est fictio Juris to do a thing which was and had essence to be adnulled ab initio betwixt the same Parties to advance a Right but not to advance a Wrong which the Law hates or to defeat Collateral Acts which are lawful and chiefly if they concern Strangers for true it is as hath been said that as to the mean profits the same shall have relation by construction of Law till the time of the first Judgment given and that is to favour Justice and advance his Right that hath Wrong by the Erroneous Judgment But if a Stranger hath done a Trespass upon the Land in the mean time he who recovereth after the Reversal shall have an Action of Trespass against the Trespassors and if the Defendant pleads there is to such Record the Plaintiff shall shew the Special Matter and maintain his Action And for the better apprehending the Law on this Point it is to know That when any man recovers any Possession or Seizin of Land in any Action by Erroneous Judgment and afterwards the Judgment is reversed as is said before and thereupon the Plaintiff in the Writ of Errour shall have a Writ of Restitution and that Writ reciâ—es the first recovery and the Reversal of it in the Writ of Errour is That the Plaintiff in the Writ of Errour shall be restored to his Possession and Seizin Una cum exitibus thereof from the time of the Judgment c. Tibi praecipimus quod cadem A. ad plenariam seizinam tenementor praed c. restitui facias per Sacramentum proborum c. diligâ—nter inquiras ad quantum exitus proficua tenementor illor c. a tempore falsi Judicii c. usque ad Oct. Sanct. Mich. anno c. quo die Judicium illu c. revocat fuit c. et quâ—liter hoc praecept c. in Octâ—b c. By which it appears that the Plaintiff in the Writ of Errour shall have Restitution against him who recovereth of all the mean Profits without any regard by them taken for the Plaintiff in the Writ of Erâ—our cannot have Remedy against a Stranger and therefore the words of the said Writ command the Sheriff to inquire of the Issues and Profits generally c. And therefore the Plaintiff in the Writ of Errour after the Reversal shall have any Action of Trespass for a Trespass mean and therewith agreeth Brian Chief Justice 4 H 7. 12. a. See Butler and Baker's Case in the third Part of my Reports good matter concerning Relations So as it was Resolved in the Case at Bar though to some intent the Reversal hath relation yet to bar the Wife of her Dower by fiction of Law by the Fâ—ne with Proclamations and five years past after the Husbands death when in truth she had not cause of Action nor any Title so long as the Attainder stood in force should be to do a Wrong by a fiction in Law and to bar the Wife who was a meer stranger and could have no Relief till the Attainder was reversed As to the other Objection That the Demandant on the Petition ought to have an Office found for hâ—r It was Resolved That it needed not in this Case because the Title of Dower stood with the Queens Title and affirmed it Also in this Case the Queen was not intitled by any Office that the Wife should be driven to traverse it for then she ought to have had an Office But in case of Dower though that Office had been found for the Queen which doth not disaffirm the Title of Dower in such Case the Wife shall have her Petition without Office See Sâ—dlers Case in the Fourth Part of my Reports And the Case put on the other side was utterly denied by the Court for it was Resolved That if a man seized of Lands in Fâ—e take a Wife of eight years of Age and alien his Lands and after the Wife attains to the Age of nine years and afterwards the Husband dyeth that she shall be endowed because the Title of Dower being not consummate till the death of the Husband and there being Marriage Seizin in Fee age of 9 years and the Husbands death for that cause she shall be endowed it being sufficient that the Marriage Seizin and Age happen during the Coverture So if a man seized of Lands in Fee take a Wife and after she elopes from her Husband now she is barrable of her Dower if during the elopement the Husband alien and after the Wife is reconciled she is Dowable So if a man hath Issue by his Wife and the Issue dyeth and afterwards Land discends to the Wife or she purchase Lands in Fee and dyes without other Issue the Husband for the Issue which he had before the Discent or Purchase shall be Tenant by the Courtesie But if a man taketh an Alien to Wife and afterwards he aliens his Lands and after that she is made a Denizen she shall not be endowed for she was not by her Birth capable of Dower but by her Denization it began But
Law The Case was often argued at Bar and now this Term it was argued at the Bench by the Justices and therein these Points were resolved 1. That the first part of the Custom was absurd and repugnant but it extends not to the Case for the last part of the Custom which concerns the cutting down of the Trees concerns the Point in question and so the first part of the Custom is not material And when it was objected that the pleading that the Messuage of the Plaintiff was in decay was too general as appears by the Book 10 Ed. 4. 3. To that it was answered by Cook Chief â—ustice That the said Book proved the pleading in the Case at Bar was certain enough and therewith agrees 7 H. 6. 38. 34 H. 6. 17. 2. It was Resolved That in this Case without question there needs not to alleadge more certainty for the Copyholder doth not here take it according to the Custom but the Lord of the Mannor cuts it down and preventeth the Copyholder of his benefit and therefore he needeth not to shew any decay at all but onely for increasing of Damages for the Lord does the wrong when he cuts down the Tree which should serve for Reparations 3. It was Resolved That of Common-Right as a thing incident to the Grant the Copyholder may take House-bote Hedge-bote and Plough-bote upon his Copy-hold Quia concesso uno conceduntur omnia sine quibus id consistere non potest And with this agrees 9 H. 4. Wast 59. But the same may be restrained by Custome 4. It was Resolved That the Lord cannot take all the Timber-Trees but he ought to have sufficient for Reparation of the Customary Houses and for Plough-bote c. for otherwise great Depopulation will follow And it is to be understood that Bote being on old Saxon Word hath two significations First compensatio criminis as Frithbote signifies to be discharged for giving amends for breach â—f the Peace Manhote to be discharged of amends for the death of a man And secondly for Reparation as Bridgebote Burghbote Castlebote Parkbote c. And it is to be known that Bote and Estovers are all one And Estover is derived of the French Word Estover i. e. fovere i. e. to keep warm cherish c. And there are four kinds of Estovers viz. First Arandi Secondly Ardendi Thirdly Construendi And fourthly Claudendi viz. Ploughbote Firebote Housebote and Hedgebote 5. It was Resolved That the Copyholder shall have a general Action of Trespass against his Lord Quare clausum fregit arborem suam succidit For Custome hath fixed it to his Estate against his Lord. And the Copy-holder in this Case hath as great an Interest in the Timber Trees as he hath in his Messuage which he holds by Copy And if the Lord break or destroy the House without question the Copyholder shall have an Action of Trespass against his Lord Quare domum fregit and by the same Reason for the Timber-Trees which are annexed to the Land and which he may for Reparation of his Messuage or else it cannot stand See Trin. 40 Eliz. Rot. 37. in B. R. between Stebbing and Grosenor See Taylor 's Case in the Fourth Part of my Reports and see 5 H. 4. 2. 2 H. 4. 12. 2 E. 4. 15. 1 H. 6. 4. 7 H. 4. 15. 19 H. 6. 34. 11 H. 4. 28. 11 H. 4. 23. 21 H. 7. 14. b. acc 35 H. 6. 24. 30 H. 6. Tresp 10. c. 21 H. 7. 15. 11 H. 4. 23. See Fitz. Trespass ultimo in the Abridgement And afterwards the same Term Judgment was given on the principal Case for the Plaintiff Pasch 8 Jacobi In Communi Ranco The Parishioners of St. Alphage in Canterbury by Custome ought to choose the Parish-Clerk whom they chose accordingly The Parson by colour of a new Canon made at the Convocation in the Year of the King that now is which is not of force to take away any Custome drew the Clark before Dr. Newman Officiall of the Arch-Bishop of Canterbury to deprive him upon the Point of right Election and for other Causes And upon that it was moved at the Bar to have a Prohibition And upon hearing of Dr. Newman and himself and his Councel a Prohibition was granted by the whole Court because the Party chosen is a meer Temporal Man And the means of choosing him viz. the Custome is also meerly Temporal So as the Official cannot deprive him but upon occasion the Parishioners may displace him And this Office is like that of a Church-Warden who though they be chosen for two years yet for cause they may displace them as is held in 26 H. 8. 5. And though the Execution of the Office concerneth Divine Service yet the Office it self is meer Temporal See 3 E. 3. Annuity 30. 18 E. 3. 27. And it is to be known that the deprivation of a man of a Temporal Office or Place is a Temporal Thing Upon which no Appeal lyes by the 25 H. 8. but an Assize as in 4 Eliz. Dyer 209. And therewith agrees the Book 8 Ass Sirases Case But if a Dean of a Cathedral Church be deprived before the Commissioners of the King he may appeal to the Delegates within the said Act 25 H. 8. For a Deanery is a Spiritual Promotion and not Temporal And before that Act in such Case the Appeal was to Rome immediately Mich. 5 Jacobi Regis In Banco Regis Prichard and Hawkin's Case John Prichard brought an Action upon the Case against Robert Hawkins for Slanderous Words publish'd the last Day of August 3. Jacob. Viz. That Prichard which serves Mistriss Shelley did murder John Adam's Child Quandam Isabellam Adams modo defunct filia cujusdam Johannis Adams de c. innuendo Upon which a Writ of Errour was brought in the Exchequer-Chamber upon a Judgment given for Prichard in the Kings-Bench and the Judgment was reversed in Easter Term 7 Jac. because it doth not appear that Isabel was dead at the time of speaking the words for tunc defunct ought to have bin in stead of modo defunct Pasch 8 Jac. In Banco Regis Dison and Bestney's Case Humphry Dyson said of Nicholas Bestney a Councellor at Law of Grays-Inne Thou a Barrester Thou art no Barrester Thou art a Barretor Thou wert put from the Bar and darest not shew thy self there Thou study the Law thou hast as much Wit as a Daw. Upon Not Guilty pleaded the Jury found for the Plaintiff and gave 23 l. Damages upon which Judgment was given and upon Writ of Errour in the Exchequer-Chamber the Judgment was affirmed Pasch 8 Jac. Regis In Banco Regis Smith and Hill's Case Noah Smith brought an Action of Assault and Battery against Walter Hill in the Kings-Bench which began Pasch 7 Jac. Rot. 175. Upon Not Guilty pleaded a Verdict and Judgment for the Plaintiff and 107 l. given for Damages and Costs In a Writ of Errour in the Exchequer Chamber the Errour was
more Prohibitions had been granted of late than in many years before To this a Sixfold Answer was made 1. That they had exceedingly multiplyed the number of Causes they in five Counties and three Towns having at one sitting 450 Causes at Hearing whereas the Chancery that extends into all England and Wales had in Easter Term but 95. and in Trinity Term but 72. to be heard So that it is no wonder it in such a Multiplication of Causes the number of Prohibitions be increased 2. Besides the Multiplication they have innovated and taken upon them to deal in Causes which we know never any President could and we think never any President and Councel did usurp As first Suits upon Penal Laws As between Hâ—rison and Thurston upon the 39 of Eliz. of Tillage 2. In Hâ—rtley's Case after Indictment of Forcible Entry and Restitution according to the Statute upon English Bill dispossessed by the President 3. After a Recovery in Ejectione Firmae and Habere facias possessionem out of our Court they upon English Bill dispossessed the Plaintiff this was Hart's Case So in other Cases as between Jacksoâ— and Philips Stanton and Child and Binns and Collâ—t 4. They admit English Bills in nature of Writs of Errour Formedons and other reall Actions 5. They wiâ—l â—dmit no Plea of Outlary in disability of the Plaintiff 6. They usually granted Injunctions to stay the Common-Law which is utterly against Law and som times to stay Suits in Chancery and in the Exchâ—quer Chambâ—r for which in respect as well of the Multiplications of Suits as Innovations of others it may very well be that more Prohibitions and Habeas Corpus have been granted of late than in time past And yet there hath been more granted and more antient than is supposed For which see Mich. 7 Eliz. Rot. 31. and Mich. 7. and 8 Eliz. in libro de Habeas Corpus Also Trin. 20 Eliz. ibid. 3. The Judges never grant either Prohibition or Habeas Corpus but upon Motion or Complaint by the Party grieved and therefore as the Subject hath more cause to complain there must needs be more Prohibitions and Habeas Corpus than heretofore 4. The Proceedings there are by absolute Power and their Decrees uncontrollable and finall more than in a Judgment in a Writ of Right which makes them presume too much upon their Authority 5. These Suits grow more prejudicial to the King than ever because thereby the King loseth his Fines c. 6. Remedy for the time past if the Common-Bench erre Writ of Errour lies in Banco Regis if the Kings-Bench erre a Writ of Errour lyes in the Upper-House of Parliament 7. For the time to come 1. That the Instructions be inrolled in Chancery that the Subject may see and know their Jurisdiction 2. That the Presidents and Councels have some Councel Learned in the Court to inform us judicially of their true Jurisdiction and we will give them a day to shew cause that Justice may be done on both sides and if we erre the Law hath provided a Remedy by Writ of Errour And we are sworn to do Justice to all according to the Laws Upon this Answer of the Judges the Lords of the Councel upon Conference among themselves gave by the Earl of Salisbury then Lord Treasurer this Resolution 1. That the Instructions should be Recorded as far as they concerned Criminal Causes or Causes between Party and Party But as to State-Matters not to be published 2. That both Councels should be within the Survey of Westminster Hall viz. the Courts of Westminster 3. The Motion was well allowed that the Presidents and Councels should have Councel learned in every Court that day might be given c. And concerning the remotenesse of the place the Counties of Cornwall and Devon are more remote then York And this was the end of that Dayes Work Case of Heresy Note 2 Ma. title Heresy Brook per omnes Justiciarios et Baker et Hare The Archbishop in his Province in the Convocation may and doth use to convict Heresy by the Common-Law and then to put them convicted into Lay-hands and then by the Writ de Heretico comburendo they were burnt but because it was troublesome to call a Convocation It was ordained by the Statute 2 H. 4. cap. 15. That every Bishop in his Diocesse might convict Hereticks And if the Sheriff was present he might deliver such to be burnt without the Writ aforesaid but if the Sheriff were absent or he were â—o be burnt in another County then the said Writ ought to be had And that the Common-Law was such Vide lib. intra title Indictment pl. 11. Who are Hereticks See 11 H. 7. Book of Entries fol. 319. See Doct. Stud. lib. 2. cap. 29. Cosin 48. 2. 1 2 P. M. cap. 6. Also 3 F. N. B. fol. 269. And the Writ in the Register proves this directly 4 Bracton l. 3. cap. 9. fol. 123 124. And true it is That every Ordinary may convent any Heretick or Schismatick before him pro salute animae and may degrade him and enjoyn him penance according to Ecclesiastical Law but upon such Conviction the Party shall not be burnt Nota The makers of the Act of 1 Eliz. were in doubt what shall be deemed Heresy or Schisme c. and therefore the Statute of 10 Eliz. provides That nothing shall be deemed Heresy but what had been so determined by one of the four general Councels the Word of God or Parliament See Fox in Ed. 6. and Britton 5 Ed. 1. lib. 1. cap. 17. and with this agrees the Statute 2 H. 5. cap. 7. 23 H. 7. 9. 25 H. 8. cap. 14. or that the proceedings in the Commencement and end was altered by the Statute 25 H. 8. then came the Satute 1 Ed. 6. cap. 12. and that repealed 5 R. 2. 2 H. 5. 26 H. 8. and the 2 H. 4. and by general words all Statutes concerning matter of Religion then the 1 2 P. M. c. 6. revived the 2 H. 4. by which the 25 H. 8. lost its force but by the Act 1 2 P. M. cap. 8. expresly repealing 21 H. 8. 23 H. 8. 24 H. 8. 27 H. 8. but the 25 H. 8. cap. 14. was not repâ—aled being repealed before by 〈◊〉 1 Ed. 6. yet in the end of that long Act there is a general Clause sufficient of it self to repeal the Act 25 H. 8. cap. 14. without more then the 1 Eliz. cap. 1. repeals the 1 and 2 P. and M. is repealed except some Branches and in the same Act it is enacted That all other Statutes repealed by the said Act of Repeal 1 and 2 P. and M. and not in this Act specially revived shall remain repealed But the 25 H. 8. cap. 14. was not particularly revived and therefore remains repealed And after the said Statute 1 Eliz. repeals the Act 1 and 2 P. and M. of reviving of three Acts for punishment of Heresyes so that now at
Ayd Hill 6 Jacob. Regis Prohibitions Upon Ashwednesday in Feb. 1606. A great Complaint was made by the President of York to the King That the Judges of the Common-Law had in Contempt of the Kings Command last Term granted 50 or 60 Prohibitions out of the Common-Plâ—as to the President and Councel of York after the 6th of February and named 3 in particular 1. Between Bell and Thawptes 2. Another between Snell and Huâ—t 3. And another in an Information of a Riotous Rescue by English Bill by the Attorney-General against Christopher Dickenson one of the Sheriffs of York and others in rescuing one William Watson out of the Custody of the Deputy of one of the Purseyvants of the said Councel who had Arrested the said Watson by force of a Commission of Rebellion by the said President and Councel awarded Which Prohibition upon the Information was as was said denyed upon a Motion in the Kings-Bench the last Term but granted by Us. And the King sent for me to answer the Complaint and I onely all the rest of the Justices being absent waited upon the King who in the presence of Egerton Lord Chancellor and others of the Privy-Councel rehearsed to me the Complaint aforesaid And I perceived well that the King had thereupon conceived great displeasure against the Judges of the Common-Pleas but chiefly against Me To which I having the Copy of the Complaint sent me by the Lord Treasurer answered in this manner That I had made search in the Office of Prothonotaries of the Common-Pleas and as to the Cases between Bell and Thawpts and Snell and Huet no such could be found but I would not take advantage of a Misprisal And the truth was the 6th of February the Court of Common-Pleas had granted a Prohibition to the President and Councel of York between Lock Plaintiff and Bell and others Defendants and that was a Replevin in English was granted by the said President and Councel which I affirmed was utterly against Law for at Common-Law no Replevin ought to be made but by Original Writ directed to the Sheriff and the Statute of Marlbridge cap. 21. and West 1. cap. 17. authorize the Sheriff to make a Replevin So 29 Ed. 3. 21. 8 Eliz. Dyer 245. And the King by his Instructions neither had made the President and Councel Sheriffs nor could grant them Power to make a Replevin against Law which the Lord Chancellor affirmed for very good Law and it may well be we have granted others in the like Case Another Prohibition I confess we have granted between Sir Bethel Knight now Sheriff of the County of York as Executor to one Stephenson who made him and another his Executors and preferred an English Bill against Chambers and others in nature of an Action of the Case upon a Trover and Conversion of Goods and Chattels in the Testators Life to the value of 1000 l. And because the other Executor would not joyn with him he had no remedy at Common-Law but was forced to pray remedy there in Equity And I say the President and Councel have not any Authority to proceed in that Case for divers causes 1. Because there is an express Limitation in their Commission that they shall not hold Plea between Party and Party c. unless both or one of the Parties tanta paupertate sunt gravati that they cannot sue at Common-Law and in that Case the Plaintiff was a Knight Sheriff and man of great quality 2. Because by that Suit the King was deceived of his Fine which was 200 l. because the Damages amounted to 4000 l. And that was one of the Causes that the Sheriff began his Suit there and not at Common-Law Another Cause was that their Decrees which they take upon them are final and uncontroulable either by Errour or any other Remedy which is not so in the Kings Courts where there are five Judges for they can deny Justice to none who hath Right nor give any Judgment but what is controulable by Errouâ— c. And if we shall not grant Prohibitions in Cases where they hold Plea without Authority then the Subjects shall be wrongfully oppressed without Law and we denyed to do them Justice And their Ignorance in the Law appeared by allowing that Suit viz. That the one Executor had no Remedy at Common Law because the other would not joyn in Suit with him whereas every one Learnâ—d in the Law knows that Summons and Severance lyeth in any Suit brought as Executors And this was also affirmed by the Lord Chancellor Another Prohibition I confess we granted between the L. Wharton who by English Bill before the Councel sued Bank S. Buttermere and others for fishing in his several Fishings in Darwent in the County of C. in nature of an Action of Trespass at Common-Law to his Damages of 200 l. and for the Causes before recited and because the same was meerly determinable at Common-Law we granted a Prohibition And that also was allowed by the Lord Chancellor Then the King asked me the Case of Information upon the Riotous Rescous To which I answered That one exhibited a Bill there in the nature of an Action of Debt upon a Mutuatus against Watson who upon his Oath affirmed that he had satisfied the Plaintiff and owed him nothing yet because he did not deny the Debt the Councel Decreed the same against him And upon that Decree the Pursuyvant was sent to Arrest the said Watson who Arrested him upon which the Rescous was made And because the Action was in the nature of an Action of Dâ—bâ— upon a Mutuatus where the Defendant at Common Law might have waged his Law the Prohibition was granted and that was also affirmed by the Lord Chancellor Also I affirmed it was Rescous because the principal cause belonged not to them but it might be a Riot yet not punishable by them but by course of Law by a Commission of Oyer and Terminer Also I confess that we have granted divers Prohibitions to stay Suits there by English Bill upon penal Statutes for the manner of prosecution as well for the Action Process c. as for the Count is to be pursued and cannot be altered and therefore without question the Councel in such Cases cannot hold Plea which was affirmed also by the Lord Chancellor And I said no Court of Equity can be Erected at this day without Act of Parl as was Resolved in Q. Eliz. time in Parots Case and lately in the Case of the President and Councel of Wales And the King was well satisfied with these Reasons who gave me his Royal Hand and I departed from thence in his favour Pasch 7 Jac. Regis This Term a Question was moved at Sergeants Inne who by the Common-Law ought to repair the Bridges common Rivers and Sewers and the High-ways and by what means they shall be compelled to it and first of Bridges And as to them it is to be known that of common right all the Country shall be
receive any diminution of such Reverence and Respect in our Places which our Predecessors had We shall not be able to do You such acceptable Service as they did The state of the Question is not in statu deliberativo but in statu judiciali it is not disputed de bono but de vero non de lege fienda sed de lege lata Not to devise or frame new Laws but to inform You what Your Law of England is And it was never seen before that when the Question is of the Law that your Judges of the Law have been made Disputants with their Inferiours that daily plead before them in the several Courts at Westminster And though we are not afraid to dispute with Mr. Bennet and Mr. Bacon yet this Example being primae impressionis and your Mâ—jesty detesting Novelties We leave it to your Princely Consideration whether you will permit our answering in hoc statu judiciali But in obedâ—ence to your Majesties Command We will inform your Majesty touching the said Question which We and our Predecessors before Us have oftentimes adjudged upon Judicial Proceedings in your Courts of Justice at Westminster which Judgments cannot be reversed or examined for any Errour in Law if not by a Writ of Errour in a more High and Supream Court And that this is the antient Law of England appears by the Stat. of 4 H. 4. c. 22. And We being commanded to proceed all that was said by Us the Judges was to this effect That the Tryal de modo Decimandi ought to be by the Common-Law by a Jury of Twelve Men it appears in three Manners 1. By the Common-Law 2. By Acts of Parliament 3. By infinite Judgments and Judicial Proceedings long times past without interruption But first it is to see what is a Modus Decimandi Now Modus Decimandi is when Lands Tenements or Hereditaments have been given to the Parson and his Successors or an Annual certain Sum or other Profit alwayes time out of mind in full Satisfaction and Discharge of all Tythes in kind in such a place and such manner of Tything is now confessed by the other Party to be a good Bar of Tythes in Kind 1. That Modus Decimandi shall be tryed by the Common-Law and therefore put that which is the most common Case That the Lord of the Mannor of Dale prescribes to give to the Parson 40 s. yearly in full Satisfaction and Discharge of all Tythes growing within the said Mannor of Dale at the Feast of Easter The Parson sues the Lord of the Mannor of Dale for his Tythes of his Mannor in kind and he in Bar prescribes ut supra The Question is If the Lord of the Mannor of Dale may upon that have a Prohibition for if the Prohibition lye then the Ecclesiastical Court ought not to try it 1. First The Law of England is divided into Common-Law Statute and Customs and therefore the Customs of England are to be tryed by the Tryal which the Law of England appoints 2. Prescriptions by the Law of the Holy Church and by the Common-Law differ in the times of Limitation and therefore Prescriptions and Customs of England shall be tryed by the Common-Law See 20 H. 6. f. 17. 19 E. 3. Jurisdiction 28. The Bishop of Winchester brought a Writ of Annuity against the Arch-Deacon of Surrey and declared That he and his Successours were seized by the Hands of the Defendant by Title of Prescription and the Defendant demanded Judgment is the Court would hold Jurisdiction between Spiritual Persons c. Stone Justice Be assured That upon Title of Prescription we will there hold Jurisdiction And upon that Wilby Chief Justice gave the Rule Answer Upon which it follows That if a Modus Decimandi which is an Annual sum for Tythes by Prersciption comes in Debate between Spiritual Persons that the same shall be tryed here 32 E. 2. Jurisdiction 26. There was a Vicar who had onely Tythes and Oblations and an Abbot claimed an Annuity or Pension of him by Prescription and it was adjudged That the same Prescription though between Spiritual Persons shall be tryed here Vide 22 H. 6. 46. 47. 3. See the Record 25 H. 3. cited in the Case of Modus Decimandi before and see Register fol. 38. 4. See the Stat. of Circumspecte agatis Decimae debitae seu consuctae which proves that Tythes in kind and a Modus by Custom c. 5. 8 E. 4. 14. and F. N. B. 41. g. A Prohibition lyes for Lands given in discharge of Tythes 28 E. 3. 97. a. There was a Suit for Tythes and a Prohibition lyes 6. 7 E. 6. 79. If Tythes are sold for Money by the Sale the Things Spiritual are made Temporal And so in the Case de modo Decimandi 42 E. 3. 12. agrees 7. 22 E. 3. 2. Because any Appropriation is mixed with the Temporalty otherwise of that which is meer Temporal So it is of reall Composiâ—ion where the Patron ought to joyn Vid. 11 H. 4. 85. 2. Secondly By Acts of Parliament 1. The said Act of Circumspecte agatis that gives power to the Ecclesiastical Judge to sue for Tythes first due in Kind or by Custom viz. Modus Decimandi So as by that Act though the Yearly Sum soundeth in the Temporalty which was paid by Custom in discharge of Tythes yet because the same comes in the place of Tythes and by Constitution the Tythes are changed into Money and the Parson hath not any remedy for the same which is the Modus Decimandi at the Common-Law For that cause the Act is clear that the same was a Doubt at the Common-Law And the Stat. of Articuli Cleri cap. 1. If that corporal punishment be changed into poenam pecuniariam for that Pain Suit lyes in the Spiritual Court For which see Mich. 8 H. 3. Rot. 6. in Thesaur And by the 27 H. 8. cap. 20. It is Enacted That all Subjects of the Realm according to the Ecclesiastical Law and after the laudable Usages and Custom of the Parish c. shall yield and pay his Tythes c. and for substraction thereof may by due process c. compell him to yield the Duties and with that in effect agrees 32 H. 8. c. 7. By the 2 Ed. 3. c. 13. it is Enacted That all the Kings Subjects shall henceforth truly and justly without Fraud c. divide c. and pay all their Predial Tythes in their proper kind as they rise c. And always when an Act of Parl. commands or prohibits any Court be it Spiritual or Temporal to do any thing Spiritual or Temporal if the Stat. be not obtained a Prohibition lyes as upon the Stat. de artic super chart cap. 4. Quod communio Placita non tenentur in Scaccario A Prohibition lyes to the Court of Exchequer if the Barons hold a common Plea there as appears in the Register 187. b. So upon the Stat. West 2. Quod inquisitioâ—â—es quae magnae sunt examinationis non
their Consciences and Oaths they can 2. That all the said Cases are clear in the Judgment of those who are Learned in the Laws that Consultation ought by the Law to be granted 1. For as to the first President the Case upon their own shewing is Three Persons joyned in one Prohibition for three several parcels of Land each having a several sort of Tything and their Interests being several they could not joyn and therefore a Consultation was granted 2. To the second the manner of Tything was alleadged to be paid to the Parson or Vicar which is uncertain 3. To the third The Modus never came in Debate but whether the Tythes did belong to the Parson or Vicar which being between two Spiritual Persons the Ecclesiastical Court shall have Jurisdiction and therewith agrees 38 E. 3. 6. 4. To the last The same was upon the matter of a Custom of a Modus Decimandi for Wooll for to pay the Tythe of Corn or Hay in Kind in satisfaction of Corn Hay and Wooll cannot be a satisfaction for the Wooll for the other two were due of common right The Bishop of London answer'd That the words of the Consultation were Quod suggestio praedicta mattriaque in eadem cohtenta minus sufficiens in lege existit c. So as materia cannot be referâ—ed to Form and therefore it ought to extend to the Moâ—us Decimandi To which I answer'd That when the Matter is insufficiently or uncertainly alleadged the Matter it self faileth and though the Matter be in truth sufficient yet if it were insufficiently alleadged the Plea wanteth matter Then the Lord Treasurer saâ—d he wondered they would produce things that made more against them then any thing had been said And when the King relyed upon the Prohibition in the Register when Land is given in discharge of Tythes the Lord Chancellor said That was not like this Case For there by the Gift of the Land the Tythes were discharged but in the Case de modo Decimandi an Annual Sum is paid yet the Land remains charged and is to be discharged by Plea de modo Decimâ—ndi All which I utterly denied For the Land was as absolutely discharged of the Tythes in casu de modo Decimandi as where Lands are given All which the King heard with patience and the Chancellor answer'd no more After the King with all his Councel had for 3 dayes together heard the Allegations on both sides he said He would maintain the Laws of England and that his Judges should have as great respect from all his Subjects as their Predecessors And for the Matter he said for any thing had been said on the Clergies part he was not satisfied and advised Us the Judges to confer among our selves and that nothing be encroached in the Ecclesiastical Jurisdâ—ction and they to keep within their Jurisdiction And this was the end of these three dayes Consultation Note Dr. Bennet in his Discourse inveighed much against the Opinion 8 E. 4. 14. and in my Reports in Wrights Case That the Ecclesiastical Judge would not allow a Modus Decimandi and said that was the Mistery of Iniquiâ—y and they would allow it The King asked for what cause it was so said in the said Books To which I answer'd That it appears in Linwood who was Dean of the Arches and a Profound Canonist who wrote in Henry the Sixth's time in his Title De decimis cap Quoniam propter c. fol. 139. b. Quod decimae soluantur absque ulla diminutione And in the Gloss it is said Quod consuetudo de non Decimando aut de non bene decimando non valet And that being written by so great a Canonist was the cause of the said Saying in 8 E. 4. that they would not allow the said Plea de modo decimandi And it seemed to the King that that Book was a good cause for them in Edward the Fourth's time to say as they had said But I said I did not rely thereon but on the Grounds aforesaid Lastly The King said that the High Commission ought not to meddle with any thing but that which is enormous and which the Law cannot punish as Heresie Schism Incest and the like great Offences And the King thought that two High-Commissions for either Province one should be sufficient for all England and no more Mich. 39 40 Eliz. In the Kings-Bench Bedel and Sherman's Case Mich. 39 40 Eliz. Which is entred Mich. 40 Elizâ— in the Common-Pleas Rot. 699. Cantabr the Case was this Robert Bedel Gent. and Sarah his Wife Farmers of the Rectory of Litlington in the County of Cambridge brought an Action of Debt against John Sherman in custodia mariscalli c. and demanded 550 l. and declared that the Master and Fellows of Clare-Hall in Cambridge were ieized of the said Rectory in Fee in right of the said Colledge and the 10 Jun. 29 Eliz. by Indenture dâ—nised to Christopher Phesâ—nt the said Rectory for 21 years rendring 17 l. 15 s. 5 d. and reserving Rent-corn according to the Statute c. which Rent was the antient Rent who entred and was possessed and assigned all his Interest to one Matthew Bats who made his last Wâ—ll and made Sarah his Wife Executrix and dyed Sarah proved the Will and entred and was thereof possessed as Executrix and took to Husband the said Robert Beâ—el by force whereof hey in right of the said Sarah entred and were possessed and the Defendant was thâ—n Tenant and seized for his life of 300 Acres of Arable Lands in Litlington aforesaid which ought to pay Tythes to the Rector of Litlington and in 38 Eliz. the Defendant Sâ—minavit grano 200 Acres paâ—c â— c. the Tythes whereof amounted to 150 l. And the Defendant did not set forth the same from the Nine Parts but carryed them away contrary to the Statute 2 E 6 c. The Defendant pleaded Nihil debet And the Jury â—ound that the Defendant did owe 55 l. and to thâ— rest they found Nihil debet And in Arrest of Judgment divers Matters were moved 1. That Grano Seminata is too general and it ought to be expressed with what kind of Grain the same was sowed 2. It was moved If the Parson ought to have the treble value the Forfeiture being â—xoresly limited to none by the Act. or that the same beâ—ong to the Queen 3. If the same belong to the Parson if he ought to sue for it in the Ecclesiastical Court or in the King 's Temporal Court 4. If the Husband and Wife should joyn in the Action or the Husband alone and upon solemn Argument at the Barre and Bench Judgment was affirmed Trin. 7 Jac. Regis In the Court of Wards John Bayley's Case It was found by Writ of Dien clausit extremum that the said John Bayley was seized of a Messuage and of and in the 4th part of one Acre of Land late parcel of the Demesne Lands of the Mâ—nnor of Newton in the
assigned in the Ve Fa which was certified by Writ of Certiorari and upon this Writ no Return was made upon the Back of the Writ which is called Returnum Album And for that Cause this Easter Term the Judgment was reversed Trin. 7 Jac. Regis In Cur. Wardorum It was found by Writ of Diem clausit extremum after Roger Westcots death that the said Roger the day that he dyed was seized of and in the moiety of the Mannor of Trewalliard in his Demesne as of Fee and so dyed seized and that the moiety of the said Mannor 19 E. 3. was holden of the then Prince as of his Castle of Trematon parcel of his Dutchy of Cornwall by Knight-Service as appears by a certain Exemplification of Trematon for the said Prince made 9 Martii 19 E. 3. And the Words of the Extent were Willielmus de Torr tenet duo feoda et dimid Milit. apud Picke Stricklestombe Trewalliard per servitium militare reddit inde per annum 8 d. And it was Resolved by the two Chief Justices and Chief Baron That the Office concerning the Tenure was insufficient and void for the Verdict of a Jury ought to be full and direct and not with a prout patet for now the force of the Verdict lyes upon the Extentâ— which if it be false he who is grieved shall have no remedy by any Traverse for they have not found the Tenure indefinite which may be Traversed but with a prout patet which makes the Office in that Point insufficient And upon that a melius inquirendum shall issue And herewith agrees F. N. B. 255. FINIS THE TABLE A. AUrum Reginae what and what right the Queen hath to it 19 Alienations by Bishops when voidable by their Successors and when the King or Queen may void them 75 76 Admiralty Jurisdiction thereof is no Court of Record 82 83 84 85. 88 89. 109. 199. 200 201 Absence takes not away a Title of Honour and why 111 112 113 Affidavits false when how and from whom punishable 134 135 Arches Court its Jurisdiction 147 Arch-Bishop of Canterbury his power to act and in what cases 148 149 150 151 Apprentice none may keep a shop c. or set up a Trade c. unless he have served seven years 154 155 Apples whether within the Act for ingrossing and what within that Act 160 B. Bishops when lawfull and their Authority what and whence derived 8 9 Buggery what and how punishable 36 37 Baron who shall be said to be a Baron of Parliament and in what cases 73 74 Benevolence the nature thereof and how may be imposed 124 125 Burgage Tenure what and if tenant in Burgage shall pay aid to the King to make his Eldest Son Knight 169 170 171 172 Bridges who ought to repair them 176 177 C. Custome whence to be paid and of what 16 17. 33 Commissioners High Commissioners their power 17 18. 47 48 49 50 51 52. 72 73. 87 88 89 90 Conspiracy where such action lies for what and against whom 22 23 24. 95 96 97 Commissions what of them are against Law e contra 29 30 31 32. 93 94 Consultation where grantable 43. 46. 67 68 69 70 71 Court Christian their Power 44 Court of Common-Pleas their Power and Antiquity 60 61. 113 114 Convocation authority thereof 76 Contempt what shall be said a high contempt of the King and how punishable 100 101 Chester Chamberlain there his power 118 119 Court what judgement shall be given when the Court is divided in opinion 123 124 Contract what shall be said an intire Contract 205 206 Common when suspended or discharged e contra 214 215 Custome where and how available 216 217 218 219 D. Dignity the King may erect any name of Dignity that was not before or transfer it 85 86. 116 117 Deed obtained by Covin shall not bind 95 Duresse per Gaoler 133 Dower what a barre thereto e contra 161 162 163 164 165 F. Forrests what so properly and what may be done therein 20 21 First-Fruits and Tenths given to the Crown 46 47 Ferry-man when he may throw goods over boord 65 Felony while an Attainder in force no Felony before to be answered for 105 Forgery where punishable and how 108 177 178 Felon when his goods are forfeit 127 Fine levied how avoidable and for what 127 128 129 130 131 132 133. 202 Fine to the Lord of a Manor in Copy-hold ought to be reasonable 143 144 145 146 G. Grants antient not to be drawn in question 6 Grants of the Kings when void e contra 91 92 What shall be a good Grant to elect Burgesses to Parliament 126 H. Heresie what how and by whom punishable 58 59 60 Hand when the right hand shall be cut off and for what 74 75 Habeas Corpus 89 90 Haeretico comburendo the Writ therein lyeth 98 I. Impropriations not examinable and why 4 5 Confirmed by time though defective 5 6 Impositions when they may be laid by the King 32 33 34 Justices of Peace when they may award Processe of Outlawry 107 108 Their Power as to making Warrants 136 137 138 L. Libells what shall be judged a Libell and how and where to be punished 35 35 Law of England to be expounded by the Judges of it and none other 147 Lease for Lives when determinable 216 M. Marriages Priests Marriages not void 9 Marches Courts there when erected and why as also the power of Lords President there 51 53 54 55 56 57 58 Man-slaughter what so adjudged 92 93 Modus Decimandi what where suable 155 156 157 158 159 160. 181 182 183 184 185 186 ad 193 Meane profits when to be answered to the King 196 N. Nobility Priviledge thereof what 100 101 102 O. Oath Ex Officio in what cases the Ordinary may examine Ex Officio upon Oath 25 26 27 28 Office where traversable 106 107 Offices new where and upon what cause they may be erected 121 122 123 Office found where void and why 195 196 197. 222 Where an Estoppell 210 211 P. Procedendo in Loquela not allowable 4 Pardons what offences the King may pardon 28 29 Premunire where it lies and where not and against whom 37 38 39 40 41 42. 98 99 Prohibitions in what cases grantable and against whom and by what Courts 43 44 45 46. 52. 60 61 62 63. 66 67. 80 81. 89. 90. 150 151 152 153 Piracy who shall have Pyrates goods 77 Proclamations what may be prohibited thereby and the validity thereof 78 79 80 Priests may not be arrested in Holy Church c. 104 105 Perjury where punishable 106 Poynings Law how it shall be expounded 114 115 116 117 Portion what shall be said a sufficient Childs Portion 117 Palatine County its Jurisdiction 119 Parliament Forms and Orders of Parliament 119 120 Prohibition where it lies and for what and in what not 155 156 157 158 159 160. 172 173 174 175 176. 181 ad 193 Primer seisin where the King shall have it 198 199 Priviledge of Parliament to be determined by the Court of Parliament 212 213 Processe not to be made out of the Star-Chamben neither for damages nor costs 213 Parish Clerke who shall chuse 219 220 R. Recognizances when forfeited and for what 1 2 3 Rent when determinable by the Lessors death e contra 35 36 Robbery where the Hundred may be sued 64 65 Return when insufficient e contra 135 136 Returnum Album 222 S. Stannaries the Kings Prerogative therein 9 10 11 Salt-petre the Kings Prerogative therein in several points 12 13 14 Simony what it is and the penalty thereof 78 Statute what Officers shall be within the Stat. 5 E. 6. 16. for avoiding corruption 82 83 What is an offence within 11 H. 4. 9. 102 103 Slander fined in the Star-Chamber and why 108 Seat in the Church right thereto 109 110 Scandalum Magnatum what and how punishable 138 139 Sewers the Commissiones therein their power and how antient 179 180 T. Tayle Tenant in Tail may forfeit his Estate and when and for what 6 7 Treason what shall so be accounted e contra 14 15 16 Accessary in Treason who 86 Tenure what shall be said a Tenure in Capite c. 140 141 142 Tithes substracted where to be sued for 165 166 167 Tithes to be paid and for what and the neglect thereof how punishable 193 194 Timber-trees Oakes and Ash who may cut e contra 208 209. 216 217 V. Vowes of what validity in Common Law 99 W. Women Maids c. to take and marry against their Wills is Felony 18 19. 104 Wales Justices there not to be constituted by Commission 50 51 Witnesses Testis singularis not allowable 68 Parties to be no witnesses 72 Widow when and how her election shall determine 117 Winding-sheets felony to steal them 118 Wills and Testaments fees for writing thereof and extortion therein how punishable 177 202 Ward who shall be a ward to the King 203 204 205 Words action for words where it lies 207 208. 221 The End