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
Per quae servitia shall be entred upon Record unless the party attorning have first appeared in Court or by Attorney warranted under the hand of a Justice of one of the Benches or of Assize And every Attornment otherwise made shall be void without any Writ of Errour or other means to be used for the avoiding thereof IX There shall be an office for the inrolments of Writs for fines and recoveries and one of the Justices of the Common-Pleas besides the chief Justice shall have the care thereof and shall have for the inrolment and examination of every fine with the parts thereof 6 s. 8 d. and as much for a Recovery and the parts thereof and for every exemplification of them 5 s. and for the search of every year 4 d. and for every sheet of a Copy containning 14 lines 4 d. and shall subscribe his name to the Roll after he hath so examined it in pain of 5 l. X. The said Justice shall have power to punish the officers who manage that imployment by fine or amerciament for their misprision or negligence therein which shall be estreated amongst the fines and amerciaments of that Court. XI The Chirographer shall the first day of every Term fix in the Court of Common-Pleas a Table of each County containing a true content of the fines passed in any one Term and shall also deliver the like to each Sheriff in pain of 5 l. and the Sheriff shall fix it up in the Court at the next Assizes in like pain of 5 l. The said forfeitures are to be divided betwixt the Queen and the prosecutor and the Chirographer's fee for every such content is 4 d. XII The Records shall not be carried out of the Office of Inrolments and Fines and recoveries already passed and exemplified shall not be afterwards amended XIII Stat. 27 El. 8. Where a judgment is given in the King's Bench in debt detinue covenant accompt action upon the case ejectione firma or trespass first commenced there other then such where the Queen is party the plaintiff or defendant may sue forth of the Chancery a Writ of Errour commanding the chief Justice to cause the Record to be brought before the Justices of the Common Pleas and Barons of the Exchequer into the Exchequer-chamber which Justices and Barons or any six of them being of the Coif have there power to examine and reverse or affirm the said judgment other then for errour concerning the jurisdiction of the King's Bench or for want of form in any Writ Return Plaint Bill Declaration or other proceeding whatsoever and after such judgment reversed or affirmed the said record shall be remanded that the King's bench may proceed thereupon as shall appertain yet such reversal or affirmation shall not be so final but that the party who finds himself grieved may still sue in Parliament as before XIV Stat. 31 El. 1. The not coming of the Chancellor and Treasurer at the day of adjournment in any suit of Errour depending by force of 31 E. 3. Stat. 1. cap. 13. shall not be any discontinuance of the Writ of Errour But if both the chief Justices or either of those great Officers be there it shall be no discontinuance Howbeit no judgment shall be given therein unless both those Officers be there present XV. Any three of the Justices of the Common Pleas or Barons of the Exchequer may receive Writs of Errour award process thereupon and prefix days of continuance for such Writs notwithstanding the Statute of 27 El. 8. but no judgment shall be given therein without the full appearance of six according to that Statute and here also the party that finds himself grieved may sue in Parliament as before XVI Stat. 16 Car. 2. ca. 2. For preventing abatement of Writs of Errour upon judgments in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any writ of Errour to be sued forth by vertue of the Stat. 31 E. 3. ca. 12. recited in the Statute 31 El. ca. 1. shall not cause any abatement or discontinuance of any such Writ of Errour But if both the chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer chamber and there be present at the day of Return of any such Writ of Errour it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellor and Lord Treasurer had come and been present at the day and place of return of such Writ Provided no Judgment be given in any such suit or writ of Errour unless both the Lord Chancellor and Lord Treasurer shall be present thereat XVII An Act to prevent Arrests of Judgment and staying Executions by Writs of Errour and Supersedeas Vid. Title Execution num XI ☞ Escape I. West 1.3 3 E. 1. Nothing shall be taken for the escape of a felon until it be judged an escape by the Justices in Eyre in pain of restoring as much to the party grieved and as much also to the King II. Stat. 31 E. 3. Stat. 1.14 The escape of felons and the chattels of felons fugitives and Clerks convict adjudged by the King's Justices shall be levied as they shall fall III. Stat. 1 R. 3.3 Justices of Peace have power in Sessions to inquire of escape of felons Eschange I. Stat. 9 E. 3.7 Exchanges shall be kept where it shall please the King and his Council II. Stat. 25 E. 3. Stat. 5.12 Every man may exchange gold for silver or silver for gold or for gold and silver so that no man hold the same as exchanged nor take profit for such exchange in pain to forfeit the money so exchanged except the King's exchangers which take profit for such exchange according to the ordinance before made Note that this Statute is thus also recited in 5.6 E. 6.19 Howbeit the French Copy in stead of so as no man hold the same as exchanged hath it thus issint que nul home teigne comen eschange and so the mistake seems to be in the word come which should have been comen and Rastal in the first Edition of his Abridgment which I have renders it thus null preigne riens pur eschange dor pur argent on è contra sur pain de forfetter del mony issint change for priss changours le Roy quex pregneront solunque lordinante ent fait III. Stat. 14 R. 2. Stat. 1.2 For every Exchange the Merchant shall be bound in Chancery to buy within three moneths after such exchange Merchandise of the Staple to the value of the summ exchanged in pain to forfeit the same IV. Stat. 11 H. 4.8 The Statute of 14 R. 2. shall be duly executed and the Lord Chancellor shall send the estreats or exchanges taken of Merchants into the Exchequer every 15 dayes and the Barons there shall have
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 cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be
Proclamation published by the King concerning the payment of Customes for strangers to indure for certain years XXXIX Lords of the Parliament may keep six strangers born at one time XL. No stranger except Denizons shall take a Lease of any house or shop in pain to forfeit 5 l. and none shall let them such Leases upon the like pain both of them to be divided betwixt the King and the Prosecutor Amendments I. Stat. 14 E. 3.6 Stat. 1. A process which is defective by Misprision of a Clerk in one syllable or letter too much or too little shall be amended without giving advantage to the party challenging the same II. Stat. 9 H. 5.4 The Justices before whom such default shall be found in any Record or Process may amend the same as well after Judgment as before so long as such Record or Process shall continue before them III. Stat. 4 H. 6.3 The Statute of 9 H. 5.4 is made perpetual provided it shall not extend to Records or Process in Wales or whereby any person is outlawed IV. Stat. 8 H. 6.12 No Judgment or Record shall be reversed or annulled for Error assigned by reason of the rasing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Subtraction or Diminution of Words Letters Titles or parcel of Letters found in the same V. The Judges may reform all defects in any Record Process Ward Plea Warrant Writ Pannel or Return except Appeals Indictments of Treason or Felony and the Outlawries of the same and the substance of the proper names surnames and additions left out in original Writs Exigents and in other Writs of Proclamation contrary to the Statute of 1 H. 5.5 which see in Addition so that by such misprision of the Clerk no Judgment shall be reversed or annulled VI. Variance alledged between a Record and the Certificate thereof shall be amended by the Judges VII Imbezilling of a Record is felony VIII If a record process writ warrant pannel return or any parcel thereof be exemplified under the Great Seal and inrolled for any error assigned in the said Record c. in any letter word clause or matter varying or contrary to the exemplification and inrolment there shall be no judgment reversed or annulled IX Stat. 8 H. 6.15 The Justices may amend the misprisision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any record or process or the return of the same by reason of writing one letter or one syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependants of the same Amerciaments I. Magna Charta cap. 14. 9 H. 3. A free-man shall not be amercied for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his Contentment or Countenance and a Merchant saving his merchandize and any Villain except the King's shall be amercied saving his wainage and such amerciaments shall be assessed by lawful men of the Vicinage Peers also shall be amercied by Peers according to their offence Also Church-men shall be amercied according to their Lay-tenement and the quantity of their offence and not according to their Spiritual Benefice II. Marlb cap. 18. 52 H. 3. No Escheator Commissioner or Justice assigned to take Assizes or to hear or determine matters shall have power to amerce for default of common Summons but the chief Justices or the Justices in Eyre in their Circuit III. West 1. cap. 6. No City Borough Town or man shall be amercied without reasonable cause and according to the trespass viz. every Free-man saving his Free-hold a Merchant saving his merchandize a Villain saving his Gainure and that by his or their Peers Anniversary Fast I. Stat. 12 Car. 2. ca. 30. Every 30th day of January unless it falls upon the Lord's day throughout his Majestie 's dominions shall be kept and observed as an anniversary day of Fasting and Humiliation for the horrid Murther of King Charles the First committed by a party of desperately wretched and wicked men to the shame and reproach of the people of England and Protestant Religion and to implore God's mercy that the said sacred and innocent bloud nor those other sins which provoked God to deliver up the said King into the hands of wicked and unreasonable men may not hereafter be visited upon the people of England or their Posterity Annuary Thanksgiving I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgiving to be celebrated on the 29th day of May for the wonderful power and goodness of God in restauration of the King by the unanimous and cordial affection of the Lords and Commons in Parliament and people in general upon which day all persons are to resort to some Church Chappel or publick place of Thanksgiving this Act to be then read and notice to be given the next Lord's day before Apparance I. Stat. 10 H. 6.4 No Filizer Exigenter or other Officer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Council make oath that he is the same person in whose name that suit is prosecuted This Act to continue to the next Parliament II. Stat. 18 H. 6.9 The Stat. of 10 H. 6.4 is made perpetual III. No officer contained in the Statute of 10 H. 6.4 shall doe to the contrary thereof in pain to forfeit 40 s. to the King for every time that he shall be attainted thereof by due examination of any of the Justices before whom the Entry or Record is IV. Every Attorny who hath not his Warrant entred upon Record in all suits wherein process of Capias and Exigent are awardable the same Term in which the Exigent is awarded or before and is thereof attainted by like examination for every time he so offendeth shall incur the pain aforesaid Appeals I. Magna Charta cap. 34. 9 H. 3. No man shall be taken or imprisoned upon the appeal of a woman for the death of any other then her husband II. West 1. c. 14. 3 E. 1. The accessary in an appeal shall not be outlawed before the Principal be attainted Howbeit none shall intermit to commence their appeal at the next County as well against the accessary as against the principal but the Exigent against those shall remain until those be attainted by Outlawry or otherwise III. Stat. Gloc. c. 14. 9 E. 1. If the Appealor declare the deed the year the day the hour the time of the King and the town where the fact was done and with what weapon the appeal shall stand and shall not be abated for default of fresh suit so that he sue within
Here if the Assise pass for the disseisee he shall recover treble dammages against the Patentee XX. Stat. 4 H. 5.8 If any make forcible entry into lands by way of maintenance the Chancellor of England shall grant a special Assise without suing to the King and if the disseisor shall be attainted thereof he shall suffer one whole year's imprisonment and restore double dammage to the party grieved XXI Stat. 6 H. 6.2 The pannels of Assises shall be arrayed and an indented Copy thereof delivered by the Sheriff to the Plaintiffs Tenants and Defendants six days before the Sessions if they demand the same also Bailiffs of Franchises shall make their returns thereof to the Sheriff at the like time upon pain to forfeit each of them Sheriff or Bailiff 40 l. XXII Stat. 11 H. 6.2 In an Assise if the Sheriff be named a disseisor by Collusion to the end the Writ may be directed to the Coroner and the Assise secretly awarded by the tenant's default upon the Plaintiff's averment thereof and if it shall also be found by the Assise to be so the Justices shall abate the Writ and grievously amerce the Plaintiff XXIII Stat. 21 H. 8.3 The Plaintiff in Assise may abridge his plaint of any part whereunto a barr is pleaded without prejudice to the residue Attaint I. VVest 1. cap. 37. 3 E. 1. An Attaint is granted in Plea of Land Free-hold or any thing touching Free-hold II. Stat. de attinctis 13 E. 2. In Attaint if the first Jurors which shall be living appear not at the first grand distress or be returned to have nothing by their absence there shall be no delay made of the other Jury See Rast Attaint 2. III. Stat. 1 E. 3.6 In a Writ of Trespass an Attaint shall be granted by the Chancellor without speaking to the King as well upon the principal as upon the dammages IV. In all cases of Attaints the Justices shall not let to take the Attaints for the dammages not paid V. Stat. 5 E. 3.6 Nisâ— prius shall be granted in Attaints but â—o essoin or protection and five daies by the year shall be given before the Justices of the Common Bench at least VI. Stat. 5 E. 3.7 Writs of Attaint shall be granted as well in pleas of trespass moved without Writ as by Writ before Justices of Record if the dammages adjudged do exceed 40 s. VII Stat. 28 E. 3.8 An Attaint shall be granted as well upon a Bill of trespass as upon a Writ of trespass without having regard to the quantity of the dammages VIII Stat. 34 E. 3.7 An Attaint shall lie as well in plea real as personal and it shall be granted to the poor who shall affirm that they have nothing whereof to make fine saving their countenance without fine and to all others by easie fine IX Stat. 9 R. 3.3 He in the reversion shall have an Attaint or Writ of Error upon a false verdict found or an erroneous Judgment given against the particular tenant X. If the oath be found false or the Judgment erroneous and the tenant still in life he shall be restored to his possession and issues and the reversioner to the arrearages but if he be dead or be found of Covin with the demandant the reversioner shall have all yet the tenant may traverse the Covin by Scire facias out of the Judgment or Writ of Attaint if he please XI Stat. 13 R. 2.18 Upon a false verdict given before the Mayor and Bailiffs of Lincoln an Attaint shall be sued in the King's Bench or Common-Pleas and the Jury shall be of the County of Lincoln returned by the Sheriff of the said County XII Stat. 3 H. 5.5 By letters Patents of H. 4. the name of Bailiffs of the City of Lincoln being translated to Sheriffs lest it might be douted which Sheriff ought to return the Jury in Attaint the former Statute of 13 R. 2.18 is explained and confirmed XIII Stat. 11 H. 6.4 The Plaintiff in Attaint shall recover against all the Jurors Tenants and Defendants the costs and dammages which he shall sustain by delay otherwise in that suit XIV Stat. 15 H. 6.5 No Sheriff Bailiff or Coroner in Writs of Attaint of Plea of Land or of Deeds concerning Lands of the yearly value of 40 s. or more or of goods or chattels personal worth 40 s. or more shall impannel any but such as inhabit within their Bailiwicks and have free-hold or inheritance not ancient Demesne within the five Ports or Gavel-kind worth 20 l. per annum and shall not return against them less issues then 40 s. at the first Writ of distresses 10 s. at the second and double afterwards in pain to forfeit 100 l. to the King and as much to the Plaintiff And none but persons of that worth shall be impannelled upon Attaints if challenge thereof be made by the Plaintiffs XV. If any of the Defendants plead a forein plea and fail thereof the Justices shall give Judgment against them as if the Grand Jury upon the Articles of the Writ had passed against them Howbeit the rest of the Defendants shall not be prejudiced thereby neither shall this Act extend to Cities or Boroughs XVI If there shall not be in the County under the degree of a Baron enough of that worth to fill the pannel then shall the said Officers impannel and return the most sufficient persons there under that worth upon the like pain XVII Stat. 18 H. 6.2 Owners of Inheritance or Free-hold lands in Gavel-kind of 20 l. per annum may also be impannelled upon Attaints notwithstanding the Statute of 15 H. 6.5 XVIII Stat. 11 H. 7.21 None shall be impannelled upon a Jury in London except he have lands and tenements or goods and chattels worth 40 marks and if the trial be for lands or debt or dammages amounting to 40 marks or above his real or personal estate shall be worth 100 marks and the Jurors defect herein is a principal challenge XIX The issues of the Jurors for default of appearing shall be at the first summons 12 d. at the second 2 s. and double afterwards and the issues lost in the Mayor's Court shall accrue to the Mayor and Commonalty and those lost in the Sheriff's Court to the Sheriffs XX. An Attaint may be sued by Bill in the Hustings of London upon any false verdict given in any of the Courts of that City And thereupon the Mayor shall award a Precept to every Alderman to present either by themselves or their Deputies unto the said Mayor at the next Hustings the names of four indifferent and discreet Citizens out of each of their Wards each of them being worth in estate 100 pounds at least out of which the Mayor and six Aldermen or more shall impannel 48 whom the Mayor shall cause to be summoned together with the Tenants or Defendants in the Attaint to appear at the next Hustings and if upon default of appearance or otherwise there shall need a Tales the pannel
exemplified under the Great Seal or the seal of any other Court of this Realm nor to any Judge Justice or other person that shall set any such seal thereunto not knowing the same to be forged ☞ Forestallers Regradors and Ingrossers * I. Stat. 6 E. 6.14 He or she that shall buy or contract for any Merchandize Victual or other thing whatsoever in the way before it shall be brought by land or by water unto any City Port Road Fair or Market where it should be sold or shall cause the same to be so bought or shall diswade people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a Forestaller A Regrador is he that buyes any grain wine fish butter cheese candles tallow sheep lambs calves swine piggs geese capons hens chickens pigeons conies or other dead victual whatsoever brought to a Fair or Market to be sold there and do sell the same again in the same Fair or Market or in some other Fair or Market within 4 miles III. An Ingrosser is he that gets into his hands by buying contract or promise other then by demise grant or lease of land or tithe any corn growing in the fields or other grain butter cheese fish or other dead victual whatsoever with intent to sell it again IV. The party guilty of any of the offences aforesaid shall forfeit for the first offence the value of the goods so bought or had and suffer 2 moneths imprisonment without bail for the second the double value and suffer 6 moneths imprisonment without bail and for the third shall forfeit all his goods be set upon the Pillory and be imprisoned at the King's pleasure V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal nor the provision of any Town Corporate Ship Castle Fort Barwick Holy Island c. or any Fish-monger Inholder Victualer Butcher Poulterer or people dwelling within one mile of the main Sea which use to buy and sell fish for any thing concerning their several mysteries or trading they retailing the same at reasonable prices nor any Badger Lader Kidder or Carrier assigned to that office by three Justices of Peace and delivering the commodity out of his hand within one moneth after he buyes it nor the taking of any thing reserved upon any lease so that all these things be done without fraud or forestalling VI. He that buyeth grain in any Market for change of seed shall bring as much the same day and sell it if he can according to the present price of grain there in pain to forfeit double the value of the grain so bought VII He that buyes any cattel and sells the same again alive within 5 weeks shall forfeit double the value thereof during which time he ought to keep them upon Pasture which he hath either by grant or prescription VIII Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition presentment bill or information or by the testimony of two witnesses and to exact the one half of the forfeitures to the use of the King and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias and when the prosecution shall be at the Kings suit onely to extract the whole to the King's use IX None shall be punished twice for the same offence X. This Act shall not restrain the transporter of grain or cattel from Port to Port allowed by three Justices of Peace and not fore-stalling so that he imbark the same within 40 days after he buyes them and brings back from some Justice of Peace or Head officer a Certificate of their unlading agreable to his Cocket XI The offences against this Statute shall be prosecuted within two years XII This Act shall not restrain a Drover allowed by three Justices of Peace 1. Qu. and selling his cattel at 40 miles distance from the place where he bought them Howbeit such allowance ought not to continue above one year XIII Stat. 13 El. 25. in fine The Statute of 5 6 E 6.14 shall not extend to Wines Oyls Sugars Spices Currants or other forein victual brought from beyond Sea Fish and Salt onely excepted XIV For more ancient Statutes against Forestalling see the Statute of Forestallers 31 E. 1. and the Statute of clothes 25 E. 3.3 Which because they are altered by 4 5 E. 4.14 I have not thought thme fit to be inserted ☞ Franchises and Liberties I. Magna Charta Cap. 1. 9 H. 3. The Church of England shall be free and shall have all her holy Rights and liberties inviolable II. Magna Charta Cap. 9. 9 H. 3. The City of London and all other Cities Burroughs Towns the Barons of the five Ports and all other Ports shall have all their old liberties and free Customs III. Magna Charta Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved which the King himself promiseth to observe and commandeth all men of this Realm to do the like He likewise further promiseth that neither he nor his heirs shall procure or do any thing to infringe them and that if any thing be so procured it shall be void VI. Stat. De quo warranto 18 E. 1. If any can verifie by good enquest or otherwise that they or their Ancestors or Predecessors have used any liberty whereof they have been impleaded by Quo warranto before the death of R. 1. and have hitherto not having abused such liberty They shall be adjourned to a reasonable day before the Justices within which time they may repair to the King with the Record thereof signed by the Justices seal which done the King will confirm their estate and if any judgments have been given upon such writs by the Justices at Westminster upon the complaint of the party grieved to the King he will give them remedy V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices and all pleas now depending shall be adjourned into their proper Counties until the coming of the Justices into those parts Note that this Statute was confirmed by another Statute De quo warranto of the same year and to the same effect VI. Stat. De quo warranto 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before and of a Proclamation that such as claim liberties shall shew to the Justices at the first Assizes when they shall come into those parts how they hold them for which they shall have forty days summons and if they appear not their liberties shall be seised in the name of distress Also the form of another Proclamation that such as complain of the King's officers shall shew their grievances to the said Justices VII Stat.
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
directed into VVales by the Chancellor of England or any of the Kings Council as heretofore hath been used notwithstanding this Act. CXLI The Town of Bewdley in the Parish of Ribsford in Com. Wigorn. is made parcel of the County of VVigorn and united to the Hundred of Dodingtree in that County saving to the Burgess and Inhabitants of Bewdley their ancient Liberties and Franchises CXLII Llanstiffan Usterloys and Langham with their members are united to the County of Caermarthen and made parcel of the Hundred of Derries in that County CXLIII The Shire-Court of the County of Radnor shall be holden one time at New Radnor and another time at Preston alternis vicibus and never at Rather Goway notwithstanding the Statute of 27 H. 8.26 CXLIV The Kings Farmer of the Subsidy and Aulnage of woollen Cloaths in the County of Monmouth and the other twelve Counties of VVales shall take for sealing such cloths as followeth viz. for every whole piece of Frise 1 d. a half piece ob a piece of cotton or lining 24 yards and under ob a piece of the same above 24 yards 1 d. a broad cloth 1 d. a piece of Kersey 18 yards or above 1 d. and for a piece of Kersey under 18 yards ob Howbeit this shall not extend to cloath made in private houses and not put to sale but to their servants CXLV The Aulnager in Wales shall be bound and subject to the Laws and Customs of England in like case provided CXLVI The Town of Haverford-west is made a County of it self whose Justice shall be the Justice of the County of Pembroke and the judicial seal of Pembrokeshire shall be also used there with divers other priviledges for which see the Statute at large Howbeit this Article was but to continue in force during the Kings pleasure CXLVII This Act shall not be prejudicial to any mans Inheritance nor to any of the Kings Officers for their Offices or Fees CXLVIII No Land in VVales shall be Gavelkind but discendable according to the course of the Common Law CXLIX All Liberties of the Dutchy of Lancaster shall continue as they were before the making of this Act. CL. Stat. 1 2. P. M. 15. As well Spiritual Lords Marchers and their Successors as the heirs and successors of Temporal Lords Marchers now being or which shall hereafter be Lords Marchers of Lordships Royal in Wales shall have and enjoy the one half of every forfeiture of every common mainprise recognizance for the year or apparence forfeited by their Tenants inhabiting within any of their Lordships Marchers or Lordships Royal to be paid the same by the Sheriff of the County for the time being as the Lay or Temporal Lords Marchers have or ought to have been paid the same by force of the Statute of 27 H. 8.26 And also all such mises profits and liberties as the Lords Marchers Spiritual and Temporal have resdectively used in time past to enjoy before the making of the said Statute CLI Stat. 18 El. 8. The Queen and her Heirs and Successors may at her and their pleasure name and appoint two or more persons learned in the Law to the Justices in each of the Circuits in VVales which had but one Justice before or may grant Commissions of Association to such person or persons to be associate to the Justice or Justices of the said Circuits who shall have like authority and power as the one Justice had by the Statute of 34 35 H. 8.26 CLII. Stat. 27 El. 9. All Fines and Recoveries taken or suffered in the Courts of Assizes or Sessions of the 12 Shires of Wales the Town and County of Haver-ford-west and the Counties Palatines of Chester Lancaster and Durâ—smâ— and in every of them and all Writs Returns Warrants and other proceedings concerning the same now remaining or which hereafter shall remain in the said Courts or Sessions or in any of them or in the custody of any of the Officers there may upon the request and at the election of any person be inrolled in Rolls of Parchments by such persons and for such considerations as are hereafter expressed and such Inrolments shall be as good in force of Law for so much as shall be so inrolled as the same so remaining are or ought to be CLIII No Fines Proclamations or Recoveries there shall be reversable by Writ of Errour for false-Latine rasure interlining mis-entring of any Warrant of Attorney or of any Proclamation mis-returning or not returning of the Sheriff or other want of form in words and not in matter of substance CLIV. The person there that shall hereafter take the acknowledgment of any Fine or any Warrant of Attorney of any Tenant of vouchee for suffering any Recovery or shall certifie them or any of them shall with the certificate of the Concord or Warrant of Attorney certifie also the day and year wherein the same was acknowledged but shall not be inforced to certifie them except within the year next after they were taken And no Clerk or Officer there shall receive any Writ of Covenant Writ of Entry or other Writ whereupon any Fine or Recovery is to pass unless the day of acknowledgment thereof shall appear by such certificate in pain of 40 s. CLV No Attornment upon any fine there shall be entred upon Record except the party mentioned to attorn have first appeared in Court in person or by Attorney warranted by the hand of one of the Justices of the same Court upon any Writ of Quid juris clamat quem redditum reddit or per quae servitia as the cause requireth And every attornment otherwise entred shall be void without Writ of Error or other means to avoid it CLVI There shall be in the said places an Office of Inrolments trected to continue for ever for the inrolling of Fines and Recoveries as aforesaid and the Justices there shall within their several limits enjoy the said Office and the disposition thereof and carefully see to the execution of the same by the due examination of such enrolments and for their pains and care therein shall have certain fees allowed them For which see the Statute at large CLVII Unto every Roll by any Justice so examined he is to subscribe his hand in pain of 40 s. and any of the said Justices may take order in all things needful for the said Inrolment and upon examination may in the said Courts assess such fines and amerciaments on any Clerk Sheriff Attorney or other person for misprision contempt or negligence in any thing concerning such fines and recoveries as to them or any one of them shall seem meet Which fines and amerciaments shall be estreated as others use to be out of the said Courts CLVIII The exemplification of any such Record of any fine or recovery thereof or any part thereof in the said 12 Shires of Wales and the Town of Haverford-west under the judicial Seal or in the said Counties Palatine under the Seal of the respective County Palatine shall
King without presentment or some matter of Record and what is done otherwise shall be void and holden for errour X. Stat. 17 R. 2.6 Upon an untrue suggestion made against any in the Chancery the Chancellor may award dammages XI Stat. 15 H. 6.4 None shall sue forth a Subpoena until he finde surety to satisfie the Defendant his dammages and costs in case he do not verifie his Bill Actions popular ☞ I. Stat. 4 H. 7. ca. 20. Recovery in an Action popular by Covin shall be no bar in an Action sued for the same thing bonâ fide II. Here the Defendant attainted of Collusion shall suffer two years imprisonment to be prosecuted within one year III. No release of a common person shall in this case discharge an Action popular IV. Yet no Collusion is in this case averrable where the point of the same Action or the Collusion it self hath been tried by Verdict ☞ V. Stat. 31 El. 5. Informers heretofore restrained by order of any Court shall not pursue Actions popular VI. In popular Actions the offence shall be laid to be done in the County where indeed it was done otherwise if the Defendant traverse and disprove that point the Plaintiff shall be barred VII This Act doth not restrain Officers which have lawfully used to exhibit informations nor Actions brought for champerty buying of Titles extortion offences against the Statute of 1 El. 11. concerning the right landing of Merchandise and custom of sweet wines concealing of customs c. corrupt usury forestalling regrating or ingrossing when the penalty shall amount to 20 l. or above For in all these cases the offence may be laid in any County * VIII Popular Actions where the King onely hath the forfeiture shall be commenced within two years where he hath onely a part and the Informer the rest within one year but this is to be understood where a shorter time is not limited by any Statute * IX All suits for using unlawful Games or any Art or Mystery without being brought up in it and for not having Bows and Arrows according to the Statute shall be prosecuted at the Assises or Sessions of the County or at the Leer within which the offence was committed and not elsewhere ☞ * X. Stat. 21 Jac. 4. Actions popular which may be presented before Justices of Assise Nisi prius G. D. Oyer and Terminer or of P. shall be prosecuted onely in the Counties where the offences were committed except for Recusancy Maintenance Champerty buying of Titles concealing of customs c. or transporting of gold silver munition wool woolfels or leather XI Upon default of proving that the offence was committed in the same County the Defendant shall be found not guilty XII The Informer shall make oath that the offence was committed in the same County where the Action is laid and within one year before the suit commenced * XIII The Defendant in a popular Action may plead the general issue and yet give special matter in evidence Addition I. Stat. 1 H. 5.5 In Original Writs where Exigent shall be awarded Additions of the Defendants condition and dwelling shall be inserted II. Outlawries otherwise prosecuted shall be void III. Surplusage of Additions shall not prejudice albeit the Writ do therein vary from the Records and Deeds IV. The Clerks of the Chancery shall not omit such Additions in pain to be fined at the discretion of the Chancellor Adjournment I. Stat. 2 E. 3.11 The Common Bench shall not be removed without warning by adjournment Admeasurement of Dower I. Stat. West 2. cap. 7. 13 E. 1. A Guardian shall have a Writ of Admeasurement of Dower yet the heir at full age shall not be barred by that suit in case it be prosecuted by Collusion II. When it comes to the great distress daies shall be given within which two Counties may be holden where Proclamation shall be made for the defendant to come in at the day contained in the Writ at which if the Defendant appear the plea shall proceed but if not upon the Proclamation returned by the Sheriff and the Defendant's default Admeasurement shall be made Admeasurement of Pasture I. West 2. cap. 8. 13 E. 1. Upon a second overcharge of Pasture if the Pasture were admeasured before the Justices the remedy shall be by Writ judicial returnable before the Justices under the seals of the Sheriff and Jurors and then the Justices shall award dammages to the Plaintiff and shall estreat into the Exchequer the value of the beasts wherewith the pasture was so overcharged to be answered to the King II. If the admeasurement were made in the County the Sheriff by a Chancery-writ shall enquire of the Surcharge and value of the beasts and shall answer the same to the King in the Exchequer III. To prevent fraud in the Sheriff all such Writs de secunda superoneratione shall be enrolled and also at the years end transcribed in the Exchequer and so likewise shall Writs of Redisseisin Administrators I. Stat. 31 E. 3.11 The Ordinaries shall depute the next and most lawful friends of the Intestate to administer his goods which deputies shall have the benefit and incurr the charge of an Executor and shall also be accountable to the Ordinaries as Executors II. Stat. 21 H. 8. ca. 5. Administration of Intestates goods shall be granted to the Widow or next of kin to the Intestate or both as the Ordinary shall think fit * See what Fees onely ought to be paid for Probate of Wills and obtaining Administrations and upon what penalties upon exaction pòst Title Probate of Testaments Admiralty I. Stat. 13 R. 2.5 The Admirals or their Deputies shall not meddle with any thing done within the Realm but onely upon the Sea II. Stat. 15 R. 2.3 The Admiral 's Court shall not have Cognisance of any thing done within the bodies of Counties as well by land as by water nor with wrecks of the Sea III. Of the death of a man and of a maihem done in great ships hovering in the main stream of great Rivers beneath the bridges near the Sea the Admiral shall have Cognisance and likewise to arrest ships in great Fleets for the great voiages of the King and Kingdom and shall also have jurisdiction in such Fleets during such voiages Saving to the King his forfeitures and to Lords Cities and Boroughs their liberties and Franchises IV. Stat. 2 H. 4.11 The Statute of 13 R. 2.5 is confirmed V. The party grieved by the non-observance of that Statute shall by Action upon his Case recover double dammages against the Prosecutor in the Admiralty and the Prosecutor shall also forfeit ten pounds to the King being thereof attainted VI. Stat. 8 El. 5. A sentence definitive in a civil and Marine cause by delegates appointed by Commission upon an appeal duly made in the Chancery shall be final Advouson I. West 2. cap. 5. 13 E. 1. Usurpation of Churches during Wardship particular estates Coverture or Vacancy shall not bar the
heir at full age the reversioner or remainder in possession the feme discovert or the spiritual person in succession from having the Writ of Advouson possessory viz. Quare impedit or an Assise o Darreine presentment as their ancestor or Predecessor might have had if the Usurpation had happened in their time whereas before this Act they were in such cases put to their Writ of right of Advouson II. Howbeit this Act shall not extend to annull judgments already given but they shall be reversed by Error or Attaint III. One and the same form of pleading shall be used in Darreine presentment and Quare imped t viz. if the Defendant alledgeth plenarty of his own presentation the plea shall not stay by reason of the plenarty so as the Writ be purchased within the six moneths albeit he cannot recover within that time IV. Where partition is made upon record or by fine to present by turn the Copercener that is disturbed shall not be put to a Quare impedit but may have remedy upon the Roll or fine by Scire facias V. When six moneths pass hanging a Quare impedit or Darrein presentment so that the Bishop presents by Lapse the Patron shall recover dammages to two years value of the Church otherwise dammages onely to half a years value VI. The disturber not being able to render dammages shall in the first case have imprisonment of two years and in the other of half a year VII Writs also shall hereafter be granted for Chappels Prebends Vicarages Hospitals Abbeys Priories and other Houses which be of the Advousons of other men VIII When the Parson of a Church is disturbed to demand Tithes in the next Parish by Indicavit the Patron shall have a Writ to demand the Advouson of those Tithes and when it is deraigned then shall the Plea pass in the Court Christian IX Amongst Coperceners if one present twice together yet shall not the other be barred but have his or her turn when it falleth X. Prero Reg. cap. 8. 17 E. 2. Lapse of six moneths shall not prejudice the King's Presentation to a Church XI Stat. de Clero cap. 3. 23 E. 5. When the King collates to the Church in anothers right his Title shall be well examined and the Patron grieved shall have as many Writs thereupon as shall be needful XII Stat. de Clero cap. 7. 23 E. 3. When the Ordinary presents by Lapse and the King takes the suit against the Patron who in deceit suffers the King to recover in this case when the King 's right is not tried the Ordinary or Incumbent may counterplead the King's Title Age. I. West 1. cap. 46. 3 E. 1. If a Writ of Novel disseisin be purchased and the Disseisor die before the Assise be passed the Plaintiff shall have a Writ of Entry sur disseisin against his heir The like Writ shall the heir of the disseisee have in case he die c. II. And here Nonage of the heir of the disseisor or disseisee shall not prejudice in Assise III. If the inquest pass against the heir of the disseisee he shall have an Attaint gratis IV. Stat. of Glocester Cap. 2. 6 E. 1. where an Infant is held from his inheritance whereby he is driven to his Writ the Inquest shall pass notwithstanding his Nonage V. An Exposition of the Statute of Glocester Cap. 2. 6 E. 1. Touching an Inquest to be made for an Infant that Statute shall run without limitation of time VI. Stat. West 2. cap. 40. 13 E. 1. The suit of a woman or her heir after the death of her husband shall not be delayed by the Minority of the heir who ought to warrant the Land Aid of the King I. Stat. de Bigamis Cap. 1. 4 E. 1. Where a feoffment with a Charter thereupon being made by the King hath so much in it that another person by a like feoffment and like Deed should be bound to warranty the heir shall have Aid and the Justices shall not proceed without the King's Commandment II. Ibidem Cap. 2. But where the King onely confirmeth or ratifieth anothers Act in another mans thing or granteth any thing to a man as much as in him is or where a Deed is shewed whereby the King hath rendered any Tenement and no clause of warranty is contained therein In these and like cases the same being shewed to the King the Justices may proceed and the Tenant shall not have aid III. Ibidem Cap. 3. In Dower the King 's Grantee of a Ward shall not have Aid but the Justices may proceed according to right IV. Stat. 14 E. 3.14 Stat. 1. Upon demand of Lands in the King's hands after four Writs of search directed to the Treasurer and Chamberlains of the Exchequer for finding the King's Minuments he that defends the lands for the King shall be put to answer so that the said Writs were delivered 40 daies before their return and then Justice shall not be delayed albeit the contrary be commanded under the Great or Privie Seal * Alehouses Drunkenness I. Stat. 5 and 6 E. 6.25 None shall keep Alehouse without Licence granted either in Sess or by two Justices 1 Quo. in pain of three daies imprisonment without bail and not to be enlarged without Recognisance by himself and two sureties that he shall not keep Alehouse any longer the Certificate of which Recognisance and offence shall be a sufficient conviction at the Qu. Seff to fine him 20 sh ☞ II. The Qu. Seff or two such Justices have power to put down Alehouses at their discretion and to take Bond and surety of Alehouse-keepers by recognisance that they shall not use unlawful Games or other disorder in their houses for which Recognisance the parties bound shall pay 12 pence and whereof Certificate shall be made at the next Qu. Seff by the two Justices that take it in pain of 5 Marks III. Justices of Peace have power to inquire after the breach of this last Recognisance to award process thereupon and to hear and determine the same at their discretions IV. This Act shall not restrain the selling of Ale and Beer in Towns where Fairs are kept during the time of the Fair. V. Stat. 1 Jac. 9. No Inn-keeper Victualler or Alehouse-keeper shall suffer any Town-dwellers to sit tippling in his house in pain of ten shillings nor sell less then a full Ale-quart of the best Ale or Beer or two quarts of the small for one peny in pain of 20 shillings And here the view of one Justice or proof by two witnesses upon oath before one Justice is sufficient conviction VI. The penalties aforesaid are given to the poor of the Parish where the offence is committed and are to be levied by the Constable and Church-wardens by distress which after six days may be sold to satisfie the penalty and in default of distress the party delinquent must suffer imprisonment till he pay the penalty VII Here every Officer that neglects to levy the said penalties
a year and a day after the fact IV. West 2.12 13 E. 1. Upon a false appeal by malice the Appellor shall suffer a year's imprisonment make fine to the King and recompence dammages to the Appellant at the discretion of the Justices V. When the Appealor is not able to satisfie dammages and an Abettor through malice is also found by the same Inquest such Abettor shall also be punished by imprisonment and restitution of dammages as before VI. Articult Cleri ca. 10. 9 E. 2. Thieves and Appealors whensoever they will may confess their offences to Priests but let the Confessors beware that they inform them not erroneously VII Stat. of Appeals 28 E. 1. When any are appealed by provers the Sheriff shall by the King 's Writ under the testimony of the Justices that delivered those provers bring such appealees to the Gaols where the provers or appealors are kept to answer before the same Justices and if the Appealees will be tried by the Country the Sheriff shall also by a judicial Writ from the same Justices cause an Inquest to appear VIII The Sheriff and others in whose custody such Appealors are kept shall receive such Appealees without contradiction IX Stat. 1 H. 4.14 All appeals of things done within the Realm shall be tried by the laws thereof and of those done out of the Realm by the Constable and Marshal of England for the time being Appeals to Rome * I. Stat. 24 H. 8.12 All causes testamentary and of Matrimony divorces rights of tithes oblations and obventions shall be adjudged within the King's Authority and not elsewhere II. The Prelates of this Realm may execute all Sacraments Sacramentals Divine Service and all other things to the King's subjects which they ought to doe notwithstanding any-appeal to Rome or any other forein power whatsoever III. If any spiritual person for fear of any forein power shall refuse so to doe he shall make fine and ransom at the King's pleasure IV. Whosoever procureth from the See of Rome or any other forein Court any appeals process sentences c. shall incurr a Praemunire provided by the Statute of 16 R. 2.5 which see in Proviso 8. V. Appeals in cases Ecclesiastical shall be sued from the Archdeacon or his Official to the Bishop Diocesan and when the cause is commenced before the Bishop Diocesan or his Commissary within 15 days after sentence an appeal may be made from thence to the respective Archbishop of the Province to be there definitively adjudged VI. When the cause is commenced before an Archdeacon of any Archbishop or his Commissary the appeal may be made within 15 days after sentence to the Court of Arches or audience of the same Archbishop and from the Arches or audience within 15 days after sentence there to the Archbishop himself to be finally determined without any farther appeal VII When the cause is commenced before the Archbishop himself it shall be there determined without any farther appeal saving to the Archbishop and Church of Canterbury the due prerogative heretofore used VIII When the cause or suit concerns the King the party grieved may within fifteen days after sentence appeal from any of the said Courts to the Prelates assembled by the King 's Writ in the Convocation being or next ensuing in the Province where the suit was begun and there it shall be finally-determined IX If any shall hereafter pursue any appeal contrary to this Act or shall refuse to obey it he shall incur a Praemunire Apprentice I. Stat. 12 H. 7.1 The makers of Worsteads Sayes and Stamins in Norfolk are enabled to take Apprentices and any person may also put Apprentices unto them so that they keep not above two Apprentices at most at one time Appropriations I. Stat. 15 R. 2.6 In every License made in Chancery of the Appropriation of any Church this shall be contained viz. That the Diocesan shall ordain according to the value of such Churches a convenient summ to be yearly distributed out of the profits thereof to the poor of the Parish by the appropriators and their successors for ever and also that the Vicar shall be sufficiently endowed II. Stat. 4 H. 4.12 The Statute of 15 R. 2.6 shall be duly executed and Appropriations made since that Statute contrary thereunto shall be reformed before Easter or else to be void except Haddenham in the Isle of Ely III. All Vicarages annexed or appropriated since 1 R. 2. shall be void IV. In every Church so appropriate a secular person shall be ordained Vicar canonically instituted and inducted in the same and conveniently endowed by the discretion of the Ordinary to doe Divine Service inform the people and keep hospitality there except Haddenham aforesaid and no Religious shall be hereafter made Vicar in any Church so appropriate Approvements I. Merton Cap. 4. 20 H. 3. Lords of Wastes or Commonable woods or pastures may approve against their Tenants part thereof so that they leave sufficient common besides together with free egress and regress to enjoy the same And the truth thereof shall be enquired by Assise wherein dammages shall be given to the Plaintiff if he recover and the disseisors shall be amercied II. West 2. cap. 46. 13 E. 1. The Statute of Merton shall not onely binde the Lords Tenants but neighbours also which claim common of Pasture as appurtenant to their Tenements but if any claim common by special seoffment or grant for a certain number of beasts or otherwise which is due to him of common right he shall recover the same according to the form of such grant III. By occasion of a Wind-mill Sheep-cote Dairy inlarging of a court necessary or courtilage none shall be grieved by Assise of Novel disseisin for common of Pasture IV. If any upon just title of approvement do make a ditch or hedg for that purpose which afterwards is thrown down by some who cannot be discovered by verdict of the Assise or Jury and the Towns adjoyning will not indite such as are guilty of the fact in such case the said Towns shall be distrained to level again such ditch or hedg at their own costs and shall also yield dammages V. Stat. 3 E. 6.3 The Statute of Merton cap. 4. and West 2. cap. 46. are confirmed VI. Upon Judgment for the Plaintiff in an Assise upon any branch of the said Statutes of Merton or West 2. the Court shall award treble dammages VII This Act shall not extend to houses heretofore built upon wastes or commons not having above 3 Acres of such waste or common-ground belonging to them nor to any Garden Orchard or Pond there not exceeding two Acres neither yet shall it cause any person to lose or forfeit any pain or dammage for the same but such houses and grounds shall still stand and remain howbeit the owners of such wastes or commons may lay open so much thereof as shall exceed three Acres VIII Stat. 43 El. 11. All Contracts or Bargains made of part of such wastes commons or
writ of attaint after the Teste these words shall be inserted Per statutum continuatum usque annum 23 H. 8. Dei gratiâ c. LII This act shall not be prejudicial to the Statute of 11 H. 7.21 but every man for any untrue verdict in London may bring an Attaint upon this or that at his pleasure LIII Stat. 37 H. 8.5 Citizens of London being worth 400 marks in personal estate may be impannelled and returned by the Sheriffs of London upon Attaints there albeit they have no real estates notwithstanding the Statute of 23 H. 8.3 LIV. The Justices shall hereafter sit upon Attaints in London at Guildhall or some other convenient place in that City and not elsewhere neither shall the Citizens there be compellable to appear upon any such Attaint in any other place notwithstanding the saâ—d Statute of 23 H. 8. Attorney I. Merton Cap. 10. 20 H. 3. Every Free-man that oweth suit to the County Tithing Hundred or Wapentake or to a Court-Baron may make an Attorney to doe his suit for him II. West 2. Cap. 10. 13 E 1. Any person may make a general Attorney to sue in all Pleas during the circuit of Justices in Eire howbeit that shall not excuse the party from being put upon Juries and Assises before the same Justices III. Stat. 7 R. 2.14 They who shall depart the Realm with the King's licence may before their departure have a Patent from the Chancellor with the advice of the Justices inabling them to make general Attorneys to answer for them in Writs of Praemunire facias and all other Writs and Plaints in which Patent particular mention shall be made of Writs and Plaints of Praemunire facias and those Attorneys may make Attorneys under them IV. Stat. 4 H. 4.18 All Attorneys shall be examined by the Justices and by their discretion put into the Roll. V. Those that are by them approved shall swear truly to serve in their Offices and to make no suit in a forein County An insufficient Attorney shall be put out by the like discretion of the Justices and their Masters or Clients shall have notice thereof lest they be prejudiced thereby VI. As any die or cease the Justices shall appoint others being vertuous learned and sworn as aforesaid VII If an Attorney be found notoriously in fault he shall forswear the Court and be never admitted into any other Court VIII The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion IX Stat. 4 H. 4.19 No Officer of a Lord of a Franchise which hath return of Writs shall be an Attorney in the same X. Stat. 7 H. 4.13 Impotent persons that are out-lawed may make their Attorney Howbeit in the Writ of Capias ad satisfac ' the Common Law shall still hold place XI Stat. 33 H. 6.7 There shall be but six common Attorneys in Norfolk six in Suffolk and two in Norwich if that shall seem reasonable to the Justices But it seems the Justices did not think it reasonable because this Act was never yet put in ure XII Stat. 32 H. 8. ca. 30. Every Attorney shall enter his Warrant of Attorney in every suit upon record in Conrt on pain of 10 l. and further punishment by imprisonment at the discretion of the Court. XIII Stat. 3 Jac. 7. An Attorney Sollicitor or servant to any shall not be allowed any fees laid out for counsel or otherwise unless he have tickets thereof signed by the hand of them that receive such fees and he shall also give unto his Client true Bills of all the charges of suit under his own hand before he can charge his Client with the payment thereof XIV If he delay his Client's suit for gain or demand by his Bill more then his due fees and disbursements the Client shall recover against him his costs and treble dammages and he himself shall be for ever after disabled from being an Attorney or Sollicitor any more XV. None shall be admitted Attorneys in Courts of Record but such as have been brought up in the same Courts or otherwise well practised in solliciting of Causes and also skilful and of honest disposition and none but such shall be hereafter suffered to sollicit Causes in any Court XVI An Attorney shall not admit any other to follow a suit in his name in pain that each of them shall forfeit twenty pounds to be divided betwixt the King and party grieved Avowry I. Stat. 21 H. 8.19 Upon a Replevin sued an Avowry may be made by the Lord or Conusance and justification by his Bailiff or servant upon the land holden of the said Lord without naming any person certain to be tenant thereof The like law is also upon every Writ sued of second deliverance II. In any Replegiare or second deliverance for rents customs service or dammage feasant if the Avowry Conusance or Justification be found for the Defendant or the Plaintiff be non-suit or otherwise barred the Defendant shall recover such dammages and costs as the Plaintiff should have had if he had recovered III. Both parties shall in such Writs have like pleas Aid Prayers and Joynders in Aid as at the Common Law notwithstanding this Act Pleas of disclaimer onely excepted Banks I. Magna Charta 9 H. 3.15 No Town or Free-man shall be distrained to make Bridges or Banks but such as of old time and of right have used to make them in the time of King Henry our Grandfather II. Magna Charta 9 H. 3.14 No Banks shall be defended from henceforth but such as were in defence in the time of King Henry our Grand-father by the same places and bounds as in his time III. Stat. 27 Eliz. 24. Justices of Peace in Norfolk shall take order for the repair of Sea-Banks and Sea-works within the same County IV. Every person shall be charged towards the repair of Sea-banks as they are chargeable towards High-waies V. The High-Constables shall be surveyours of that work VI. Those charged towards Sea-works shall be discharged towards the amendment of High-wayes Bankrupts I. Stat. 34 H. 8.4 The Lord Chancellor Treasurer c. shall take order with Bankrupts bodies lands and goods for the payment of their debts But this was altered by the ensuing Statutes II. Stat. 13 Eliz. 7. If any person Subject or Denizon exercising trade doth depart the Realm conceal him or her self take Sanctuary suffer him or her self to be arrested out-lawed or imprisoned without just canse to the intent to defraud Creditors being also Subjects born he shall be deemed a Bankrupt III. The Lord Chancellor or Keeper upon complaint in writing against any such Bankrupt may appoint honest and discreet persons to take such order with the body of such Bankrupt wheresoever found and also with the lands as well Copy as Free hereditaments annuities offices writings goods chattels and debts wheresoever known which the Bankrupt hath in his own right with his wife child or children or by way of trust to any secret use
made upon hearing of the cause 20 s. And for every other Certificate or Report of any order made upon petition or motion onely 10 s. To be paid by the party that takes out the Report or Certificate And if any master directly or indirectly receive any money see reward or promise otherwise or for any other matter in this Act then as aforesaid every such Master after legal conviction to be disabled from the execution of his office and forfeit to the party grieved so much money as he shall take contrary to this Act and moreover 100 l. one moiety to the King and the other to the party grieved that shall sue for the same And several Tables of the said Fees to be set up in the said office and in the Chappel of the Rolls that all parties may take notice thereof See Clerks of the Chancery Chelsey I. Stat. 7 Ja. 6. A College shall be erected at Chelsey and a trench shall be made to convey water from the river of Lee to London to maintain the same Chester and Cheshire I. Stat. 1 H. 4.18 If any inhabitant of the County of Chester commit murther or felony in another County process shall be made against him to the Exigent in the County where the offence was done and if he then flie into Cheshire the Exigent or Outlawry shall be certified to the Officers of Cheshire who shall thereupon take the offender and seize his lands and tenements and goods and chattels for the Prince's use the King shall also have his year day and waste likewise his lands and goods in other Counties shall remain forfeit to the King and other Lords having thereof Franchise The like process and proceeding shall be also had against the offender in battery or trespass so committed and his goods and chattels shall be forfeited to the King Prince or Lords respectively as aforesaid ☞ II. Stat. 27 H. 8.5 Justices of the Peace Quorum and Gaol-delivery are to be nominated and made in Chester and Wales by the Lord Chancellor or Keeper of the Great Seal of England in like manner as within the Realm of England which Justices shall certifie their extracts and the severall Sheriffs make their accounts as in the said Statute is directed III. The Justices and Clerks of the Peace shall have like fees as in England and inferiour Officers shall be attendant to the Justices ☞ IV. Stat. 32 H. 8.43 Sessions shall be kept by the Justices for the time being in the County of Chester twice in the year onely viz. at Michaelmas and Easter-Sessions and the old order of keeping the County-daies shall cease V. Stat. 33 H. 8.13 The Sheriff of the County of Chester shall keep his County-Court monethly in the Shire-Hall of the said County VI. The Justicer or his Deputy may keep their two Sessions at what time of the year they please so they cause them to be proclaimed 15 days before VII Stat. 34 H. 8.13 The County of Chester shall have two Knights and the City of Chester two Burgesses for the Parliament VIII No Writ of Course in the nature of a Protection shall be granted in the County Palatine of Chester IX Stat. 2 E. 6.31 All Recognisances of Statutes-Merchant c. acknowledged before the Mayor of Chester shall be good in Law X. Stat. 43 Eliz. 15. Fines may be levied before the Mayor of the City of Chester for lands lying there XI A Dedimus potestatem may be granted by the Mayor of Chester to take the acknowledgment of a fine XII Howbeit Fines taken before the Mayor may upon errour be reversed before the High Justice of the County Palatine of Chester Chimney-money Vid. Title King n. 8. Chirographers I. Stat. 2 H. 4.8 The Chirographer or his Deputy shall take but 4 s. for a fine in pain to forfeit his Office be judged before the Court suffer a year's imprisonment and pay treble dammages to the party grieved to be recovered before the Justices of the same Court Church-yard I. Stat. Nè rectores prosternant Arbores in coemeterio 35 E. 1. Parsons of Churches shall not cut down trees growing in the Church-yards unless for the necessary repair of the Chancel or in charity of the body of the Church See Title Fighting and quarrelling And see Arrests num 1 2 3. Citation I. West 2.43 13 E. 1. Hospitallers and Templers shall draw none into suit before the keepers of their privileges neither shall their keepers cite any to the prejudice of the King or Crown * II. Stat. 23 H. 8.9 None shall be cited to appear out of the Diocess or peculiar jurisdiction where he or she dwelleth except by some Ecclesiastical or other person within the Diocess or other jurisdiction whereunto he is so cited for some offence or cause committed or omitted contrary to right or duty or upon an appeal or other lawful cause or when the Judge dares not nor will not cause him to be cited or is any way party to the suit or at the instance of the inferiour Judge to the superiour where the Law civil or Canon doth allow it and all this in pain to forfeit double dammages to the party grieved and 10 l. to the King to be divided betwixt him and the prosecutor III. The Arch-bishop may cite for heresie in any Diocese within his Province upon consent or neglect of the Bishop or Judge there IV. This Act shall not restrain the jurisdiction of the Prerogative Court for Probate of Testaments V. The Ecclesiastical Judge shall take but 3 d. for a Citation upon the pains aforesaid Clap-board I. Stat. 35 El. 11. For every six tun of Beer exported the same Cask or as good or 200 of Clap-board fit to make Cask shall be imported or if they be transported into Ireland 200 of Shaffold-board which Clap-board or Shaffold-board by a Stranger shall be left here before the Beer be exported but by a Subject shall be left here or provided within four moneths after II. The Clapboard shall contain 3 foot 2 inches at least in length and the Cask shall be entred at the Custom-house III. The same Law for strangers that transport fish in Cask and the penalty of breaking their Laws is the forfeiture of the Beer Fish and Cask IV. None shall transport any Wine-cask with Beer or Beerager or Wine-cask shaken except for victualling of a Ship or other vessel or some of her Majestie 's Garrisons beyond sea in pain to forfeit 40 s. for every tun of Cask so transported V. This Act shall not prohibit the transportation of Herrings in Cask ☞ Clergy I. West 1.2 3 E. 1. A Clerk convict for felony and delivered to the Ordinary shall not be enlarged without due purgation II. Stat. De Bigamis 5. 4 E. 1. Bigamus shall not be allowed Clergy III. Artic. Cleri 15. 9 E. 2. A Clerk flying into the Church for felony shall not be compelled to abjure IV. Artic. Cleri 16. ◠E. 2. The privilege of the Church being demanded
Commissioners for paving and mending the streets who are enabled to call the Commissioners for Hackney-coaches to accompt for the same VI. All Fines Rents Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress by Warrant under the hands and seals of any 5 of the Commissioners and for want of distress by Imprisonment of the persons untill satisfaction Coals I. Stat. 16 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals brought into the River of Thames and sold shall be sold by the chaldron containing 36 bushells heaped and according to the bushell sealed for that purpose at Guild-hall London and so proportionably II. All other Coals commonly sold by weight after 112 pound to the hundred upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals and the double value thereof to be recovered in any Court of Record or by complaint to the Lord Mayor of London and Justices of the Peace within the City and liberties or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale who upon due pro of upon oath may convict the offenders and give Warrant under their hands and seals for levying the forfeitures one half to the person complaining the other half for the poor or repairing high-ways within the same parish or any other adjoyning parish by their direction or Warrant III. The said Lord Mayor and Court of Aldermen of London and Justices of Peace in their several Counties or any 3 of them whereof one of the Quorum may set rates or prices upon such Coals to be sold by retail allowing competent clear profit to the retailer IV. If any ingrosser or retailer refuse to sell as aforesaid they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored and if refused taking a Constable force entrance and sell the said Coals at such rates rendring the money to the ingrosser or retailer necessary charges deducted This Act to continue 3 years next and to the end of the next session of Parliament and no longer V. Provided no person be sued upon any other Act for the same offence and that the general issue may be pleaded by the defendant to any action upon this Act and upon verdict for the def or that the plaintiff be nonsuit to have dammages and double costs VI. Provided that no person having any interest in any Wharf used for receiving or uttering Coals or trading by himself or in any others name in engrossing or selling Coals shall intermeddle in setting the prices thereof Collectors I. Stat. 18 H. 6.5 None appointed to be a Collector of a fifteen in a City or Borough shall be also Collector in the same County unless he may dispend in the County out of such City in lands 5 l per annum above all reprises II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money and their assistants and deputies Commission and Commissioners I. Stat. 42 E. 3.4 Commissions of Inquiries shall be made to the Justices of the one Bench or the other Justices of Assize Justices of Peace with others of the most worthy in the Countrey save in the Office of the Escheatorship II. Stat. 4. H. 4.9 If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands the Chancellor of England calling to him some of the Justices and the chief Baron if need be hath power to give remedy therein III. Stat. 7 H. 4.11 Commissioners not receiving a Commission shall be discharged thereof upon oath IV. The Barons of the Exchequer have power to administer the oath and to discharge them thereupon V. The Barons of the Exchequer and the Justices of either Bench have also power by Dedimus potestatem to receive such oaths in the Country and the Justices shall make certificate thereof into the Exchequer and thereupon also the Barons shall discharge the Commissioners their heirs executors and land-tenants VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer and of inquiry and certifying onely Common Pleas. I. Magna Charta 11. 9 H. 3. Common Pleas shall not follow the Court but shall be holden in some place certain II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer contrary to the form of the Greâ— Charter Common Prayer See Religion Conditions I. Stat. 32 H. 8.34 Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands as fully as the Lessors their heirs or successors might have done II. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their lessors or grantors their heirs or successors all advantage of recoveries in value by reason of any warranty in Deed or Law by Voucher or otherwise onely excepted Confirmation I. Marlbr 5. 52 H. 3. The Great Charter and that of the Forest shall be duely observed and inquired of before the Justices in Eyre and the Sheriffs in their Counties and the offenders shall be grievously punished by the King II. Stat. 25 E. 1. cap. 1 2 3 4. The Great Charters are confirmed judgments given against them shall be void they shall be read in all Cathedral Churcheâ—â— and Excommunication shall be pronounced against the breakers of them III. Artic. super Chart. 1. 28 E. 1. The Great Charter and that also of the Forest shall be duly observed IV. They shall be read four times in the year in a full County-Court viz. at the Counties after Mich. Christm Easter and St. John Baptist V. There shall be three Knights or other substantial men chosen by the Commonalty in every County to hear plaints concerning the Charters and to determine them without such delay as is used at the Common Law but they shall not in their proceeding prejudice the Common Law or the Charters VI. They shall have their power by the King 's Writ under the Great Seal and the Sheriffs and Bailiffs shall be attendant upon them VII Stat 1 E. 3.1 The Great Charter and that of the Forest shall be duly kept and put in execution See Ann. 2.4.5.10.14 28.31.36.37.42 45 E. 3. cap. 1. 50 E. 3. cap. 2. and Ann. 1.2 Stat. 2.5.6 Stat. 1. cap. 1.7 cap. 2.8 12 R. 2. cap. 1. also Ann. 1.2.4.7.9 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1. VIII Stat. 10 E. 3.1 All Statutes not repealed shall be kept and put in execution See also 28.36.37 38 E. 3. cap. 1. and 1.2 Stat. 2.35.6 cap. 1.7 cap. 2.8.9 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9 13. 4 H. 5. cap. 1. IX Stat. 42 E. 3. If any Statute be made contrary to Magna Charta or Charta de Foresta it
shall be void X. Stat. 1 H. 4.4 The Parliament holden in Ann. 11 R. 2. shall be holden and kept according to the purport thereof as a thing done to the great honour and common profit of the Realm XI Stat. 1 E. 4.1 An Act was made whereby was confirmed all Judicial Acts Exemplifications Concords Recoveries Process in Court c. made in the times of H. 4. H. 5. and H. 6. and all grants and letters Patents of divers things mentioned in the said Act made by any of the said three kings See the Statute at large XII The confirmation of divers particular Statutes See under their proper titles ☞ Conjuration Enchantment and Witchcraft * I. Stat. 1. Jac. 12. If any shall be convicted to have used any invocation or conjuration of any evil Spirit or to have consulted covenanted with entertained imployed fed or rewarded any such Spirit or taken up any dead person or the skin bone or other part thereof to have used in Witchcraft Sorcery charm or inchantment or to have used any of the said Arts to kill consume and lame any person they together with their accessaries before the facts shall suffer as felons without benefit of Clergie II. If any shall be convicted to have by Witchcraft Sorcery Charm or Inchantment undertaken to tell where any treasure or goods lost or stollen may be found or are become or to provoke any to unlawfull love or to destroy or hurt any cattel goods or person albeit the same be not effected they shall for the first offence suffer one year's imprisonment without bail once every quarter of that year-stand six hours upon the pillory in some open Fair or Market and there make open confession of the offence committed and for the second offence shall suffer as felons without benefit of Clergie III. But in these cases shall be no loss of dower or disherison of heir And a Peer being an offender shall be tried by his Peers ☞ Conspiracie I. Artic. sup Charta 10. 28 E. 1. Against Conspirators false Informers and imbraceors of inquests the King hath provided a Writ in the Chancery and the Justices of either Bench and Justices of Assize shall upon every plaint thereof award inquests thereupon without Writ II. Stat. 33 E. 1. Conspirators are such as bind themselves by oath or other alliance falsly and maliciously to indict and falsly to move and maintain pleas and such as cause children within age to appeal men of felony and retain men to maintain their malicious enterprizes And this extendeth as well to the takers as givers and also Stewards and Bailiffs who by their power maintain debates that concern not their Lords but other parties III. Stat. 7 H. 5. Whereas divers have been indicted for treasons and felonies supposed to be committed in places there being none such to be found every Justice having power to hear and determine such offences by the oath of twelve men whereof each shall have Free-hold within the County of the yearly value of 5 l. besides all reprises shall before Exigent inquire of Office whether there be indeed any such places or no And if there be no such place or places in the County where such appeals or indictments are made they and the process thereupon shall be void and the Indictors shall be punished by imprisonment fine and ransome at the discretion of the said Justices and if any Exigent be awarded before inquisition it shall be also void This Act to continue in force untill the next Parliament IV. Stat. 9 H. 5.1 The Stat. of 7 H. 5. shall continue in force untill the next Parliament after the King's return from beyond Sea V. Stat. 18 H. 6.12 The Statute of 9 H. 5.1 made perpetual because H. 5. dying beyond Sea some were of opinion it was expired Constable and Marshal I. Stat. 8 R. 2.5 The Constable and Marshall shall not have conusance of Pleas or suits which ought to be discussed at the Common Law II. Stat. 13 R. 2. Stat. 1.2 The Constable of England hath cognisance of things concerning Arms and Wars which cannot be discussed by the Common Law III. In this Court the Plaintiff shall plainly declare his matter in his Petition before the Defendant be sent for IV. When a Plea is commenced before the Constable and Marshall which may be tried at the Common Law the party grieved shall have a privy Seal to cause the Constable and Marshall to cease untill it may be decided by the King's Councel whether it may be tried there or at the Common Law Contra formam Collationis I. West 2.41 13 E. 1. If lands given to Abbies Priories Hospitals or other Religious Houses or to maintain a Chantery a light or Alms be alienated the King shall seize it and the purchaser shall lose both the land and his money II. If the house were founded by a Subject he shall recover the land by a Writ which see in the Statute at large III. If it were given to maintain a Chanterie a light or Alms and not aliened but the duty withdrawn two years together the donor or his heir shall recover it by Cessavit Conventicles 1. Stat. 16 Car. 2. cap. 4. The Stat. of 35 El. cap. 1. declared to be in force and further remedies against the dangerous practices of seditious Sectaries and other meetings in Conventicles under colour of exercise of Religion and the Act at large being upon continuance for 3 years after the end of this Parliament and to the end of the next session of Parliament after the said 3 years and no longer Conusance I. Stat. 9 H. 4.5 Where in Assizes and Pleas of land or rent within Franchises and ancient Demesne against certain persons the names of the Mayors Bailiffs or Communalties in Franchises and of the Lords or Bailiffs in ancient Demesne are therein also by collusion inserted supposing them also to be disseisors or tenants of the land and with purpose to exclude them from the conusance of the matter in Plea which by reason of their Franchises and Liberties ought to be discussed before them in such Assizes and Writs the Justices shall upon request first inquire by the same Assize whether they be indeed disseisors or tenants or whether their names be inserted by fraud as aforesaid II. If it shall be found by fraud the Assizes or Writs shall abate and the Plaintiff shall be grievously amercied notwithstanding there be others named therein who are in truth disseisors or tenants III. Stat. 8. H. 6.26 In Assizes or personal actions if the Defendant make default by collusion with purpose that Mayors Bailiffs or other Communalties or Lords and Bailiffs should lose their jurisdictions the Justices shall upon request inquire thereof by Assizes or inquests where both the Plaintiffs and the owners of such Franchises and Liberties may have their challenges And if collusion be found the Writs shall abate and the Plaintiff shall be amercied Copiholds I. Stat. 7 Jac. 21. Compositions made by Decrees in the Exchequer
shall not give liberty to any Badger c. to buy Grain out of open Fair or Market to sell again unless there be special words in his license to warrant the same in pain to forfeit for every time so offending 5 l. V. These forfeitures are to be divided betwixt the Queen and the prosecutor VI. The Queen's moiety shall be estreated according to the usual manner and the prosecutor's levied by Fiery facias or Capias but when the suit is wholly the Queen's the whole shall be estreated for her use VII Justices of Peace have power to hear and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make process thereupon VIII This Act shall not restrain Purveyors of Cities and Towns Corporate neither yet the inhabitants of the Counties of Westmorland Cumberland Lancaster Chester and York ☞ IX Stat. 13 Eliz. 13. For the increase of tillage and the maintenance of the Navy and Mariners the Lords Presidents and the Councils in the North and VVales Justices of Assise in their Circuits and Justices of Peace in their Sessions have power to license or prohibit the transportation of Grain at their discretions Provided their order be first approved by the Queen or her Council which also may be countermanded by the Queen's Proclamation if there be cause for it X. Stat. 3 Car. 4. Corn may be transported to the Kinâ—â— Allies when Wheat is sold for 32 s. Rie for 29 s. Beans for 10 s. and Barley or Malt for 16 s. the quarter or under See Title Trade num 1. ☞ Coroner I. West 1.10 3 E. 1. Sufficient men of the most wise and discreet Knights shall be chosen in all Counties for Coroners II. The Sheriffs shall have counterparts with the Coroners of all things which concern their Office III. They shall take nothing of any man to doe their office in pain of great forfeiture to the King IV. Stat. 4 E. 1. Officium Coronatoris See the Statute at large V. Stat. De Exonia de inquisitione super Coronatores 14 E. 1. See the Statute at large together with the Articles thereunto annexed VI. Stat. 14 E. 3.8 A Coroner shall have sufficient in the County whereof to answer all people VII Stat. 28 E. 3.6 Coroners shall be chosen in the full Counties of the most convenient and lawful men saving unto the King and other Lords that may make Coroners their Franchises VIII Stat. 1 H. 8.7 Where one is slain by misadventure the Coroner shall execute his office without fee in pain of 40 s. IX Justices of Assise and Peace have power to inquire of and punish the defaults and extortions of Coroners Corporation I. Stat. 19 H. 7.7 Corporations shall not make or execute any Ordinances in diminution of the prerogative of the King or of other or against common profit except approved by the Chancellor Treasurer and the chief Justices or three of them or by the Justices of Assise in pain of 40 l. II. They shall make no Ordinance to restrain suits in the King's Court upon the like pain of 40 l. III. Stat. 22 H. 8.4 They shall take but 2 s. 6. d. for the first entry of an Apprentice and 3 s. 4 d. for his entry of Freedom in pain of 40 l. to be divided betwixt the King and the prosecutor IV. Stat. 28 H. 8.5 No Corporation shall by oath or bond restrain any Apprentice or Journey-man from keeping Shop or take money of them for their freedom or the occupying of their profession otherwise then as is limited by 22 H. 8.4 in pain of 40 l. to be divided as aforesaid V. Stat. 33 H. 8.27 In Acts to be done by Corporations the consent of the greater part shall binde and the Oath taken by them to the contrary shall not be observed VI. No person shall hereafter give any such oath in pain of 5 l. to be divided betwixt the King and the prosecutor VII Stat. 13 Car. 2. ca. 1. An Act impowering the King to issue Commissions for governing and regulating Corporations Exp. 25 March 1663. Corpus cum causa Certiorari Habeas Corpus Supersedeas I. Stat. 2 H. 5. Stat. 1.2 If a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an execution at another man's suit he shall be remanded II. Stat. 43 El. 5. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered unto the Judge or Officer of the Court before the Jury appear and one of them be sworn III. Stat. 21 Jac. 8. Process of the Peace and good behaviour shall not issue out of the Chancery or King's Bench but upon motion in open Court and good cause shewed upon oath which shall also be indorsed upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison until he pay the party grieved all his costs and dammages IV. All Writs of Supersedeas shall be void unless such process be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appear to the Court upon oath to be Subsidy-men assessed at 5 l. lands or 10 l. goods and also unless the prosecution against the party for the peace or good behaviour be bonâ fide and here false sureties procured for the gaining of such Writs shall be punished by the Judges V. Certioraries shall not be allowed unless the indicted will become bound with sufficient sureties such as the Justices of Peace in Sess shall like of to pay to the prosecutor within one moneth after conviction such costs and dammages as the said Justices shall assess VI. Stat. 21 Jac. 23. No Writ to remove a suit commenced in an inferiour Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joyned so as such issue or demurrer be not joyned within six weeks after the arrest or appearance of the Defendant VII An Action or suit once remanded shall never afterwards be again removed VIII When the thing in demand exceedeth not 5 l. the suit shall not be removed by any Writ save onely by Writs of Error or attaint IX This Act shall onely extend to Courts of Record where an Utter-barister of 3 years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Council in any Action there depending X. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Cousenage Ayel and Besayel I. West 2.26 13 E. 3. In Writs of Cousenage Ayel and Besayel the tenant's answer that the Plaintiff is not next heir of the same Ancestor by whose death he demandeth his land shall be admitted and inquired and according to the same inquisition the Justices shall proceed to judgment ☞ Cottages * I. Stat.
to the true intent of this Act shall be void Decies tantum * I. Stat. 38 E. 3.12 If a Juror take any thing of either party to give his verdict and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8 which see in Jurors he shall pay ten times so much as he hath taken to be divided betwixt the King and the prosecutor And all imbraceors that procure such Inquest shall incurre the like punishment II. If the Juror or Embraceor have not whereof to make gree he shall suffer a years imprisonment III. But no Justice or other Officer shall inquire of this offence ex officio Declaration I. Stat. 36 E. 3.15 By the ancient terms and forms of pleaders no man shall be prejudiced so that the matter of the action be fully shewed in the Declaration and in the writ Deeds and Writngs I. Stat. 1 M. Parl. 1 Sess 2. cap. 4. All Statutes Recognizances and writings made by or to any person since the sixth of July last and before August under the name of any other then the Queen shall be good II. This Act shall not extend to make good any letters patents commissons grants or other writings made by the Lady Jane Dudley since the said sixt of July last Demurrers I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges shall proceed and give judgment according to the right of the cause and matter in law without regard to any defect in the proceeding except such onely as the party shall express together with his demurrer after which time no judgment shall be reversed by writ of Errour for any other defect then such as he shall there mention And if there happen to be any other the Judges may amend them II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment Presentment or penal Statute Dilapidations I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings whereof they are seized in right of their Place or Function suffer them to fall into decay for want of repair and make fraudulent gifts of their personal estate with purpose to hinder their successors from recovering dilapidations against their executors or Administrators in such case the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate as he might have had against the executor or administrator of the predecessor II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings for which they were paid in pain to forfeit to the Queen c. double so much as shall not be so imployed ☞ Deceit * I. West 1.29 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party and thereof be attainted he shall suffer a year and a days imprisonment at least and if he be a pleader he shall be also expelled the Court and if they shall deserve greater punishment it shall be at the King's pleasure II. Officers Criers of Fee and Marshals of Justices in Eyre shall not take money otherwise then they ought to do in pain to pay the treble thereof to the complainants III. Stat. 2 E. 3.17 A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land as in case of summons in Plea of land Discontinuance of right or estate I. Stat. 11 H. 7.20 If a woman that hath an estate in Dower for life or in tail joyntly with her husband or onely to her self or to her use in any lands c. of the Inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seized to the use of the husband or his ancestors do sole or with an after taken husband discontinue or suffer a recovery by coven it shall be void and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery II. Provided that the woman may enter after the husbands death but if the woman were sole the recovery or discontinuance barreth her for ever III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Discontinuance of process I. Stat. 11 H. 6.6 No suit before Justices of Peace shall be discontinued by a new Commission of Peace II. Stat. 1 E. 6.7 The death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the original and judicial process in respect of the King's name be material as concerning any default to be alledged therefore III. Assizes of Novel disseisin Mortdancester Juris utrum or Attaints shall not be discontinued by reason of death new Commissions Associations or the not coming of the same Justices or any of them IV. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one Bench or the other or Serjeant at Law shall not make the suit abatable V. Preferment of a Justice of Assize Goal-delivery or Peace or of any other Commissioner to the dignities aforesaid or to be Sheriff shall not lessen his power But note that to be Sheriff is altered by 1 M. Parl. 1.8 which see in Sheriffs VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony though he were reprieved by other Justices VII No process or suit before Justices of Assize Goal-delivery Oyer and Terminer or Peace or other of the King's Commissioners shall be discontinued by a new Commisson or by the alterations of any of their names ☞ Dispensations I. Stat. 28 H. 6.16 All Bulls Breves Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void and shall not be used in pain of a Praemunire II. Former lawfull marriages are confirmed III. A confirmation of all Arch-bishops and Bishops and their authority and of other Ecclesiastical persons and orders by authority of this Act and not by any forreign power IV. The effect and contents of all Bulls Breves and other faculties purchased of the See of Rome which are allowable shall be confirmed under the great Seal Distresses I. Stat. de districtione Scaccarii 51 H. 3. The owner of impounded cattel may give them food without disturbance II. A distress taken for the Kings debt shall not be sold within fifteen days and upon shewing of a tallie and giving surety for his appearance in the Exchequer upon the next accompt the distress shall cease the Sheriff shall also attach the party that received the debt to be there also at the same time III. Neither draught nor cattel nor sheep shall be distrained except for damage feasant so long as other goods may be
ordained for false appeals which see in Appeals Durham I. Stat. 7 E. 6. not printed By this Act the Bishoprick of Durham was dissolved and the King was to have all the lands and hereditaments thereof and another Act was also made the same year Cap. 10. whereby the Town of Gateside was united to the Town of Newcastle but both these Acts are repealed by 1 M. Parl 23. And by this Act the Bishoprick of Durham is revived and erected and thereby are annexed unto the County Palatine all the jurisdictions both Ecclesiastical and temporal as also the Town of Gateside and all lands and hereditaments before belonging to the said Bishoprick and divers other provisions are therein contained concerning those matters For which see the Statute at large II. Stat. 5 El. 27. Fines levied before the Justices of the County Palatine of Durham or one of them of lands lying in the same County shall be good III. Stat. 31 El. 9. Writs upon Proclamations and exigents against any person dwelling within the County Palatine of Durham shall be directed to the Bishop of Durham c. with divers other provisions for that County Palatine For which see the Statute at large Ecclesiastical Jurisdiction * I. Stat. 37 H. 8.19 Doctors of the Civil Law albeit they be Lay-men or married and unmarried may exercise Ecclesiastical jurisdiction ☞ Egyptians * I. Stat. 22 H. 6.10 If any calling themselves Egyptians do come into this Realm they shall forfeit all their goods and being commanded shall depart the Realm within 15 days upon pain of Imprisonment But see here in the Statutes following a greater penalty ordained * II. Stat. 1. 2 P.M. 4. None shall transport any lewd people who call themselves Egyptians into this Realm or Wales in pain of 40 l. And it shall be felony without Clergy for them to remain above a moneth in England or Wales neither shall they be tried per medietatem linguae but by the Inhabitants of the County or place where they are taken III. None shall sue for any licence or pasport for any Egyptians to stay in England or Wales in pain of 40 l. and such licence or pasport shall be void IV. The forfeitures aforesaid shal be divided betwixt the King and Queen's Majesties and the Prosecutor V. This Act shall not extend to charge persons not above the age of 13 years nor as accessary to any offence contained in this Statute VI. Stat. 5 El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be judged a felon without Clergy VII This Act shall not include children within 14 years of age neither shall any person born in England or Wales be compelable to void the land by the Statute of 1. 2 P.M. but onely to leave their lewd course of life Election I. West 1. cap. 5. 3 E. 1. None shall disturb any by force of Arms Malice or Menaces to make free Election in pain of great forfeiture II. Artic. Cleri cap. 14. 9 E. 2. There shall be free Election for the dignities of the Church * III. Stat. 31 El. 6. If any person or persons having election or voice in the nomination or choice of any person to have place in any Church Colledge School Hospital Hall or other Society shall take any reward directly or indirectly or any promise or assurance thereof directly or indirectly for such their election or voice that then such place shall be void and that then such person as hath power to dispose thereof may dispose of the same as if the person before elected or appointed were actually dead IV. If any person of such societies take any reward or assurance thereof directly or indirectly for resigning such place the party giving it shall forfeit the double value thereof and the party taking it shall be uncapable of such place and then also the party to whom such place apertains may dispose thereof as aforesaid V. At every Election this Statute and the Statutes of the Society which concern Election shall be read VI. The forfeitures of this Statute shall be divided betwixt the Queen and the Prosecutor VII If any person for any reward or assurance thereof directly or indirectly taken do present or collate any person to any Benefice with cure of souls Dignity Prebend or living Ecclesiastical or give or bestow the same for any corrupt consideration every such presentation collation gift c. bestowing and every admission institution investiture and induction thereupon shall be void and from thenceforth the Queen her heirs and successors may present or collate thereunto or give or bestow the same for one turn onely VIII None shall give or take such reward or take or make such assurance in pain to forfeit the double value of one years profit of such spiritual promotion and the person taking such promotion shall be disabled in Law to injoy the same IX If any person for any such reward or assurance thereof lawful fees excepted admit institute instal induct invest or place any person in any such spiritual promotion the party so offending shall forfeit the double value of one years profit of such promotion and the admission institution c. shall be void and then the Patron or other person unto whom the next gift appertains may present or collate thereunto X. Howbeit no lapse shall accrue upon such violence until six moneths after notice thereof given by the Ordinary to the Patron XI If any Incumbent of any Benefice with cure of souls shall corruptly resign or exchange the same or shall corruptly take for resigning or exchanging thereof directly or indirectly any benefit whatsoever both the giver and taker thereof shall lose the double value of the benefit so had to be divided betwixt the Queen and the Prosecutor XII Penalties inflicted by the Ecclesiastical law are not taken away by this Statute XIII If any person shall directly or indirectly take any reward or other profit or assurance of the same lawful fees onely excepted to make a Minister or to give license to preach he shall forfeit 40 l. and the party so made Minister or licensed to preach 10 l. and if the party so made Minister or licensed be inducted invested or installed into any benefice within seven years after such induction c. shall be void and the party having the gift thereof may present or collate as if he were dead XIV The forfeitures of this Act shall be divided betwixt the Queen and the prosecutor English-men I. Stat. 14 15 H. 8.4 All English-men sworn subjects to any forein Prince shall pay such impositions as Aliens do II. Their names shall be certified into the Chancery from Holland Zeland Brabant and Flanders by the Governour of the Merchant-Adventurers there and from other parts by the King's Embassadours residing in those parts III. An English-man returning and dwelling again within this Realm shall be restored to his liberties England and Scotland I. Stat. I Jac. 2. An authority is given to certain
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
the Jurors come where the party is seen in the Court Essoin Ultra mare lieth not where the party hath had before an Essoin de mal venir It lieth not where the party hath Essoined himself another day where the Sheriff was commanded to make the party to appear Essoin de servitio Regis lieth not where the party is a woman it lieth not in a Writ of Dower or because the plaintiff hath not found pledges it lieth not where such a man's Attorney was Essoined where the party hath an Attorney in his suit where the Essoiner confesseth that he is not in the Kings service where the sommons is not returned or the party not attached upon non est inventus returned where the party was before Essoined de servitio Regis had not put in his warrant where the party hath been resummoned in Assize of Mortdancester or Darrein presentment It lieth not because such a one is not named in the writ nor where the Sheriff hath a Precept to distrain the party to come by his lands and goods nor where the Bishop was commanded to cause the party to appear nor for that the day is past XIV An Essoin de servitio Regis is allowed after the Grand cape Petit cape and distresses taken upon the lands and goods XV. Stat. De visu terrae An essoin de servitio Regis lieth not in a writ of Novel disseisin Dower Darrein presentment or Appeal Vide Rast Essoin 13. Estrepement I. Glocester 13. 6 E. 1. No wast shall be made hanging a suit for the land ☞ Estreats I. West 1.44 5 E. 1. If tenant or defendant make default after the first attachment returned the great distress shall be awarded whereupon if the Sheriff make no sufficient return he shall be amerced but if the return be that he hath done execution delivered the issues to the sureties day shall be given him to return them before the Justices when if the party appear he shall have them but if not the King shall have them and the Justices shall cause them to be sent into the King's Wardrobe and then deliver them into the Exchequer and the Justices in Eyre to the Sheriff of the County where they plead and likewise of forreign Counties who shall be charged therewith by the Rolls of the Justices II. Stat. De forma mittendi extractus ad scaccarium 15 E. 2. Vide Rast Estreates 2. First all fines to have writs and all other fines wherein the sum is expressed of one County for the whole year which are to be sent into the Exchequer entred in the streat of themselves in one place in order as they are entred in the Chancery Rolls together with the date of the day when such fine was made III. Next to them shall be entred Charters Letters Patents and Commissions in which any rent is due to the King or any accompt is to be made Then homages fealties writs of Diem clausit extremum reliefs and services IV. Then the names of all such as shall be assigned that year to hear inquire of or do any thing whereby fine amerciament or other profit may arise to the King to the end they may be sent to for the Estreats thereof And in the end of the Estreat redisseisins and surcharging of pastures V. Statutum scaccarii is confirmed and it is further ordained that the Justices of both the Benches the Warden of the forrest the Steward of the King's house and the Clerk of the Market shall in like manner yearly deliver their Estreats in the Exchequer The Steward of the King's house shall also send his Estreats yearly at the close of Easter term and the next day after Michaelmas VI. The Warden also of the Alnage shall yearly deliver his Estrears to the Treasurer containing all defaults of cloth contrary to the Assize and the Price at which he delivered them and also where when and by what warrant VII Divers other provisions for the King's Butler and Customers concerning wines imported VIII Stat. 42 E. 3.9 The party chargeable by the Estreats of green wax upon payment thereof shall see the schedules themselves under seal and the charge being paid it shall be totred by the Sheriff for default whereof if the party be afterwards damnified the Sheriff shall pay him treble damages to be recovered before Justices of Peace or other Justices and shall besides make fine to the King Also where the copies of the Estreat concern franchises they shall be delivered to Bailiffs of the Franchises under the Sheriffs seal which Bailiffs shall render an account thereof in the Exchequer by the same Copies IX Stat. 7 H. 4.3 The Justices and Judges before whom Issues or amerciaments are forfeit shall charge the Clerks of the Estreats where they are so forfeit by oath to express in their Rols the cause of such forfeit the term when the nature of the writ whereupon and betwixt what parties they were lost and that as well in the King's suit as in the parties X. The Statute of 42 E. 3.9 confirmed Evidence I. Stat. Ja. An Action being brought against a Justice of Peace Major or Bailiff of a Corporation Head-borough Pottreeve Constable Tithing-man or Collector of subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence II. Here if the verdict pass for the defendant or the plaintiff be non-suit or discontinue his suit the defendant shall be allowed double costs to be recovered as costs in other cases given to the defendant use to be recovered III. Stat. 21 Ja. 12. The Statute of 7 Ja. 5. is confirmed and Churchwardens Sworn-men and Overseers of the poor together with their Assistants are to be comprehended within the purview of the same Statute IV. An Action brought against any of the said Officers there Deputies or Assistants shall be laid in the County where the fact was committed and not elsewhere Exception I. West 2.31 13 E. 1. When the Justices will not allow a Bill of exception upon Prayer if the party impleaded render the same unto them in writing and requires their seals thereunto they or one of them shall do it II. If the Exception sealed be not put into the Roll upon complaint thereof to the King the Justice shall be sent for and if he cannot deny the seal the Court shall proceed to judgment according to the exception Excise I. Stat. 12 Car. 2. cap. 24. There shall be paid to the King his heires and successors the several rates and impositions following viz. Every barrel of Beer or Ale above 6 s. the barrel brewed by common Brewers or persons commonly selling the same 15 d Every barrel of Beer or Ale under 6 s. by such common Brewers or Sellers 3 d. Every hogshead of Sider and Perry sold by retail and payable by the retailer 15 d. Every gallon of Metheglin or Mead sold
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
the said mis-doers and them and others to examine and to punish them according to the Statutes in that behalf made in like manner as if they were convict by due order of Law II. Stat. 21 H. 8.90 The President of the King's Council shall be associate with the Lord Chancellor c. for the examination and punishment of the mis-doers aforesaid according to the said Statute of 3 H. 7.1 and other Statutes thereof made Executors I. West 2.23 13 E. 1. Executors shall have a Writ of accompt and like action and process in the same Writ as their testator should if he had lived II. Stat. 4 E. 3.7 Executors shall have an action for a trespass done to their testator as for his goods and chattels carried away in his life and shall recover their damage in like manner as he whose executors they shall have done if he had lived III. Stat. 9 E. 3. Stat. 1.3 In a writ of debt brought against executors they shall have but one Essoin amongst them all before apparence and another after so that they shall not fourch by essoin IV. Here though the Sheriff upon the Summons return nihil yet an attachment shall be awarded and upon nihil also returned thereupon the great distress and then he or they that appear shall answer V. Albeit some of them after apparence make default at the return of the great distress yet shall he or they be put to answer that first appeared at the great distress so returned VI. If judgment pass for the Plaintiff he shall have judgment and execution against them that have pleaded and against all others named in the Writ of the Testators goods as well as if they had all pleaded VII Any may sue in this case according to the law formerly used if he please notwithstanding this Statute VIII Stat. 25 E. 3. Stac 5.5 Executors of Executors shall have actions of debt account and of goods carried away of the first testators and execution of Statute-merchants and Recognizances made unto him and shall also answer to others so far forth as they shall recover of the first testators goods as the first executors should have done IX Stat. 33 H. 6.1 Where servants after the death of their Lords or Masters do imbezil their goods after full information thereof made to the Lord Chancellor by the executors or two of them of such spoil made the said Lord Chancellor by advice of the two chief Justices and chief Baron or two of them shall have power to make such writs to be directed to such Sheriffs as to them shall seem fit to make proclamation in such places within twelve days after delivery of the said writs as to the said Chancellor by the advice aforesaid shall seem reasonable that the offenders appear in the King's Bench at the day limited in the Writ which Proclamation shall be made 15 days before the day apparence when if the offendor appear not he shall be attainted of felony X. If the party appear the Justices shall commit him to prison there to remain until he hath answered the executors in their actions and the same actions be determined provided that they be pursued with effect and not slackly XI The offender may be bailed by the Justices of that Bench procuring two sufficient persons to be bound with them to the executors by recognizance in the same Court to keep such day as he shall have by the same Court XII The Gaoler shall not let them go at liberty without the Justices order in pain of 40 l. XIII Stat. 21 H. 8.4 That part of the executors which take upon them the charge of a Will may sell any land devised by the restator to be sold albeit the other part which refuse will not joyn with them XIV Stat. 43 El. 8. If any person shall obtain any goods or debts of an Intestatee or releases or other discharge of any debt or duty which belonged to the Intestatee by fraud as by procuring the administration to be granted to a stranger of mean estate and not to be found with intent thereby to obtain the Intestatee's estate and not upon valuable consideration or in satisfaction of some just debt answerable to the value of the goods so obtained in such case such person shall be chargeable as executor of his own wrong so far as the value of the goods or debts so obtained shall amount unto Howbeit he shall also be allowed such reasonable deductions as other Executors or Administrators ought to have Exigent and Utlawry I. Stat. 5 E. 3.12 Where the Plaintiff recovers damages and the Defendant is thereupon outlawed no pardon shall be granted except the Chancellor be certified that the Plaintiff is satisfied his damages II. Where one is outlawed by processes before apparence no pardon shall be granted except the Chancellor be certified that the person is outlawed hath yielded himself to Prison before the Justices of the place from whence the Exigent issued III. If the outlawry happen to be before the Justices of Oyer and Terminer and those Justices be risen before he yield himself before them in that case he shall do it in the King 's Bench. And then the record thereof being removed thither by writ a Scire facias shall issue to the Plaintiff to warn him to appear at a certain day at which if the warning be duly executed and the Plaintiff appear then shall they plead upon the first original as though no outlawry had been but if he come not the outlawed person shall be delivered by his Charter and note that all such Charters are of the King's grace as before they have been IV. Stat. 5 E. 13. If any will defeat an Outlawry by reason of imprisonment testified by the Sheriff or others having no record let the party yield himself to prison and then the Justices shall cause the Plaintiff to appear at a certain day at which day the averment of such outlawed person shall be received and so also shall the King's Counsel or prosecutor have their averment against such restimony V. Stat. 18 E. 3 Stat. 1. Exigents are to be awarded against Receivers of the King's money or woll which detain the same and against such as transport wool not cocketed or customed confederators and conspirators of quarrels rioters and such as bring in false money if they cannot be found or brought in by attachment or distress and not against any other VI. Stat. 18 E. 3. Stat. 2.5 No Exigent shall go forth against one indicted for trespass unless it be against the Peace or of the things contained in 18 E. 3. Stat. 1. VII Stat. 6 H. 8.4 In personal actions if the defendant is sued in a County where he dwells not and an Exigent awarded thereupon no outlawry shall be had before a writ of Proclamation be also awarded and returned by the Sheriff of the County where the Defendant is or lately was dwelling and if the Defendant dwell in the place where the King 's Writ
such Steward do contrary to this Act he shall forfeit five pounds to be divided betwixt the King and the prosecutor IX This Act shall not prejudice the liberties of the Bishop of Duresm X. Stat. 1 R. 3.6 The Statute of 17 E. 4.2 is made perpetual XI Stat. 3 H. 7.9 Upon an Ordinance made by the City of London to prohibit Citizens to carry their wares to Fairs and Markets out of the City this Act gives them liberty and makes that Ordinance void and none shall trouble any Citizen for so doing in pain of 40 l. to be divided betwixt the King and the prosecutor * XII Stat. 2.3 P. M. 7. Every owner of a Fair or Market shall appoint a Toll-taker where Toll is taken or a Book-keeper where no Toll is paid to sit there from ten of the clock in the fore-noon till Sun-set in pain of 40 s. for every default XIII The Toll-taker or Book-keeper shall within one day after deliver unto the said owner a note of all the Horses sold there that day in pain of 40 s. which note the owner shall subscribe in like pain of 40 s. XIV Sale of a stoln Horse in a Fair or Market without entry in the Book as aforesaid and without staying there in open view by the space of an hour at least betwixt 10 of the clock and Sun-set shall not alter the property of the right owner but that he may by vertue of this Act seize or replevy him wheresoever he finds him XV. ☞ Justices of Peace in Sessions have power to hear determine the breach of this Statute and the forfeitures shall be divided betwixt the King and Queen's Majesties and the Prosecutor XVI Where no Toll is due the Book-keeper's fee for entring every contract is 1 d. and no more XVII Stat. 31 El. 12. Every seller or exchanger of an horse in a Fair or Market which being unknown to the Toll-taker or Book-keeper doth not procure one credible person that is well known unto him to vouch the sale of the same horse also every false voucher and the Toll-taker or Book-keeper that suffers such sale or exchange to pass shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor And besides the sale of such horse shall be void XVIII The names of the buyer seller and voucher and the price of the horse shall be entred in the Toll-book and a note thereof delivered to the buyer under the Toll-takers or Book-keepers hand for which the buyer shall pay 2 d. XIX Justices of Peace in Sessions have power to hear and determine these offences XX. Notwithstanding such sale and voucher as aforesaid the right owner or his executors may redeem a stoln horse if they claim him within six moneths after the Stealing at the Parish or Corporation where he shall find him and make proof by two sufficient witnesses before the next Justice of Peace in the Country or before the Head-officer of a Corporation that the horse was his and repay to the buyer such price for the horse as the same buyer shall upon his own oath before such Justice or Officer testifie to have paid for him XXI An accessary of an horse-stealer shall not have his Clergy False Judgment I. Marlbridge 20. 52 H. 3. None but the King shall hold plea of false judgment II. Stat. 1 E. 3.4 If against a Record brought into the King's Court by writ of false judgment the party alledgeth that the Record is otherwise then the Court did record the same it shall be tried by those of the Countrey who were pesent when the Record was made but if they appear not upon the Sheriff's return of them with others it may be tryed by other good men of the Country Fees I. West 2.42 13 E. 1. Several ancient fees of Marshals Chamberlains Porters of Justices in Eyre and Serjeants bearing verge before the Justices at Westminster See the Statute II. VVest 2.44 13 E. 1. Porters bearing verge before the Justices of the Bench in the Circuit shall take for keeping a Jury onely 10 d. for the Bills nothing Upon a recovery without a Jury nothing upon a Recovery against many by one writ 4 d. for homage done in the Bench they shall have their upper garment Of great Assizes Attaints Juries and Battel waged the fee is 12 d. For the pleas of the Crown the fee is 12 d. the dozen For every prisoner delivered 4 d. The Chirographer's fee is 4 s. The Clerk's fee for writing Originals is for every writ 1 d. See the Statute Feoffments I. Stat. 1 R. 2.9 Every gift of Feoffment of Lands made by fraud or maintenance shall be void and the disseisee notwithstanding such alienation shall recover against the first disseisor both his land and double dammages provided he commence his suit within a year after the disseisin and that such feoffor be then Pernor of the profits II. Stat. 4 H. 4.7 The disseisee shall have his action against the first disseisor during the life of the same disseisor so as such disseisor be also Pernor of the profits at the time of such suit commenced but as to other Writs in plea of Land the Demandant shall commence his suit within the year against him that is Tenant of the free-hold as the time of the Action accrued to him so as such tenant be also Pernor of the profits at the time of such suit commenced notwithstanding the Statute of 1 R. 2.9 III. Stat. 11 H. 6.3 In all writs grounded upon Novel disseisin Disseisees may have recoveries against the disseisors of their feoffees as well as in Assize of Novel disseisin so as such disseisors or their feoffees against whom the writ is brought be Pernors of the profits at the time of the Writ purchased notwithstanding any gifts or feoffments made to other persons to delay the demandants ☞ Felony I. West 1.12 3 E. 1. Notorious felons which refuse lawful trial shall suffer strong and hard imprisonment II. Stat. Of breaking prison 1 E. 2. it shall be selony for any person to break prison being in for felony otherwise not III. Stat. 5 H. 4.4 It is felony to multiply gold or silver IV. Stat. 5 H. 4.5 It is felony maliciously to cut out the tongue or put out the eys of any of the King's Subjects V. Stat. 1 H. 7.7 If any shall hunt within Forrests Parks or Warrens in the night-time or disguised one of the King's Council or a Justice of Peace to whom information thereof shall be made shall by his warrant cause the offendor to be brought before himself or some other Councellor or Justice of Peace to be examined where if he conceal the fact such hunting shall be deemed felony but being confessed the offence is onely finable at the next general Sessions And here a rescuouse of the execution of any such warrant shall be also deemed felony VI. Stat. 3 H. 7.2 It is felony to carry away a woman wife widow or maid against her will
be committed to Prison without bail unless he immediately pay to the use of the poor where the offence was committed or be apprehended 20 s. for every Fowl Hare or Egg so killed taken or destroyed ☞ and after one moneth 's commitment shall before two or more Justices of Peace be bound with two sufficient sureties in 20 l. a piece with condition never to offend in the like kind again XII Every person convicted as abovesaid to keep a Grey-hound Dog or Net to kill or take Deer Hare Fesant or Partride unless he have inheritance of 10 l. per annum a lease for life of 30 l. per annum or be worth 200 l. in goods or otherwise be the son of a Baron or Knight or heir apparent of an Esquire shall suffer imprisonment as aforesaid unless he pay 40 s. to the use abovesaid XIII None shail sell or buy to sell again any Deer Hare Fesant or Partridge except Fesants or Partridges by them reared up or brought from beyond Sea in pain to forfeit for every Deer 40 s. Hare 10 s. Fesant 20 s. and Partridge 10 s. to be divided betwixt the prosecutor and the poor of the Parish where the offence is committed XIV Justices of Assize Justices of Peace in Sessions and two or more Justices of Peace out of Sessions have power to hear and determine these offences XV. None shall by any former law suffer punishment for the same offences for which he shall be punished by this Law XVI This Act shall not restrain one licensed in open Sessions to kill Hawk's meat but then he shall there become bound by recognizance in 20 l. not to kill any of the games prohibited by this law nor to shoot within 600 paces of an Hearnry within 100 paces of a Pigeon-house or in a Park Forrest or Chase whereof his Master is not owner or keeper and the Clerk of the Peace his fee for such a license is 12 d. * XVII Stat. 7 Jac. 11. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have hawked at or destroyed any Fesant or Partridge betwixt the first of July and the last of August shall suffer one moneths imprisonment without bail unless he forthwith pay to the use of the poor where the offence was committed or be apprehended 40 s. for every time so hawking and 20 s. for every Fesant or Partridge so destroyed or taken XVIII He that shall be punished by this Law shall not be punished again by any other law for the same offence XIX This offence shall be prosecuted within six moneths after it shall be committed XX. It shall be lawful for the Lord of a Mannor or any having free Warren inheritance of 40 l. per annum free-hold of 80 l. per annum or goods worth 400 l. or their servants licensed by them to take Fesants or Partridges within their own grounds or Precinct so they do it in the day time and onely betwixt Michaclmas and Christmas ☞ XXI If any of a mean condition shall be convicted by his own confession or by one witness upon oath before two or more Justices of Peace to have killed or taken any Fesant or Partridge with dogs nets or engines he shall by the said Justices be committed to prison without bail unless he forthwith pay to the use of the poor where the offence was committed 20 s. for every Fesant or Partridge so killed or taken and also become bound before one or more Justices of Peace in a recognizance of 20 l. never to offend in the like kind again XXII Every Constable or Headborough upon a warrant under the hands of two or more Justices of Peace hath power to search the houses of persons suspected to have any setting dogs or nets for the taking of Fesants or Partridges and the dogs or nets there found to kill and cut in pieces at pleasure as things forfeited unto the said officers ☞ Fighting and Quarrelling * I. Stat. 5.6 E. 6.4 None shall use any chiding words in the Church or Church-yard in pain of suspension for so long time as the Ordinary shall think fit viz. of a Lay-man ab ingressu Ecclesiae and of a Clerk à Ministerio officii II. He that shall there smite or lay violent hands upon any one is thereby excommunicated ipso facto III. He that is convicted of striking with a weapon there or of drawing it with an intent to strike before Justices of Assize of Oyer and Terminer or of Peace in Sessions by verdict his own confession or two lawful witnesses shall by judgment of the said Justices have one of his ears cut off and in case he wants ears shall be burned upon the cheek with the letter F. and shall stand excommunicate ipso facto Fines I. Stat. de sinibus 18 E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the pleader shall say Sir Justice Conge de accorder Then the Justice shall say What saith Sir R And when the King 's fine is agreed for and the peace cried the Pleader shall declare the substance of the fine II. A final concord cannot be levied in the King's Court without writ original before four Justices in the Bench or in Eyre and it must also be in the presence of the parties who ought to be of full age of good memory and out of prison and if a feme covert be one she must be examined by four of the said Justices and if she consent not the fine cannot be levied III. The reason of such solemnity in the taking of a fine is because it bars all persons of full age out of prison of good memoand within the four Seas the day of the fine levied if they make not their claim of their Action within a year and a day by the Countrey IV. Stat. De finibus levatis 27 E. 1. Stat. 1. It shall be no good exception to a fine that before or at the time of the fine levied the demand of his ancestors were seized of the land contained in the fine or of some part thereof V. Fines shall be openly read at two certain days in the week by the discretion of the Justices and in the mean time all Pleas shall cease VI. The Statute of Carlile 15 E. 2. In Pleas of Warrantia Chartae covenant or other whereupon fines are to be levied before the Justices of the Bench as well the demandants as tenants before such fines pass shall appear personally to the end their age idiocy and other defects if any be may be discerned VII If the party be not able to come before the Justices in the Court then two or one of them by the assent of the rest shall go to the party and receive his Cognizance and if but one go he shall take with him an Abbot Prior or Knight being of good fame and credit VIII The Commissioners that take the Cognizance
shall make certificate thereof to the Justices to the end the fine may be lawfully levied according to the former Ordinance IX Neither the Barons of the Exchequer nor the Justices shall admit any Attorneys save onely in Pleas that pass before them neither shall any of their Clerks or servants so do and every admission otherwise shall be void X. The authority of the Chancellor and of the chief Justices for admitting Attorneys as hath been heretofore observed is saved XI Stat. 3 E. 34.16 The plea of Non claim of fines shall be no bar hereafter XII Stat. 38 E. 3. Stat. 1.3 Fines taken before the Justices shall be in the presence of the pledges who shall know the summ of their fine before they depart XIII Stat. 5 H. 4.14 To prevent the dammages that may happen by the embeziling of the feet and notes of fines all writs of Covenant and other writs whereupon fines are levied togethér with the Dedimus potestatem if any be and all knowledges and notes of the same before they be drawn out of the Common Bench by the Chirographer shall be recorded in a Roll to remain with the chief Clerk of that Court for the old fee of 22 pence usually paid to him for entring the Concord to the end that in case any notes or fines be embeziled the party may have recourse to the said Roll to have execution thereof XIV Stat. 1 R. 3.7 A fine shall after the ingrossing thereof be openly read and proclaimed in the Common Pleas the same term and there the three next terms after upon four several days and in the mean time all the Pleas shall cease XV. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year then also all Pleas shall cease XVI Another transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year and both the Justices of Assize and Peace shall make Certificate of such Proclamation made the second return of the term then next following XVII A fine so proclaimed and certified shall conclude all persons both Privies and Strangers except women covert other then such women as the parties to the fine persons under age in prison out of the Realm or not of sound mind if they pusue not their right title claim or interest by way of action or lawful entry within five years after the proclamation so made and certified as aforesaid XVIII The right of Strangers which happens to come unto them after the fine is ingrossed is saved so that they lawfully pursue their right or title within five years after it so comes to them and here an Action against the pernor of the profits is maintainable XIX If the parties to whom such right or title comes be covert under Age in prison out of the Land or not of sane memory they or their heirs have time to pursue their right or title within five years after such imperfections removed so also have they in case they had right of title at the time of the fine levied XX. Fines at the Common Law have the same force they had before and a fine may be levied according to this Statute or the Common-Law at the election of the parties XXI Stat. 4 H. 7.24 Every fine after the ingrossing shall be proclaimed in the Court the same term and the three next four several days in every term and in the mean time all Pleas shall cease XXII The Proclamations being so made the fine shall conclude all persons both privies and strangers except women covert persons under age in prison out of the Realm or of non-sane memory being not parties to the fine XXIII The right and interest that any person or persons other then parties hath or have at the time of the fine ingrossed is saved so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the Proclamations so made so also is the right and interest saved which accrues after the ingrossing of the fine so that the parties having the same pursue it within 5 years after it so accrues and in this case the Action may be brought against the Pernor of the prosits XIV If at the time of the fine ingrossed or of such accruer as aforesaid the persons be covert and no parties to the fine under age in prison out of the Realm or of non sane memory they or their heirs have time to pursue their Actions within 5 years after such imperfection removed XXV The exception that none of the parties nor any to their use had any thing in the lands at the time of the fine levied is saved to all persons except parties and privies XXVI Fines at the Common law have the same force they had before the making of this Act and a fine may be levied this way or at the Common law at the pleasure of the parties XXVII Stat. 32 H. 8.36 All fines levied by any person or persons of full age of lands intailed before the same fine to themselves or to any of their ancestors in possession reversion remainder or use shall immediately after the fine ingrossed and proclamations made be a sufficient bar against them and their heirs claiming onely by such entail and against all other claiming onely to their use or to the use of any heir of their bodies XXVIII Howbeit this Act shall not bar the interest of any persons accrued by reason of any fine levied by a woman after her husbands death contrary to the Statute of 11 H. 7.20 XXIX A fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. XXX This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered in any Court by judgment or otherwise nor to any fine of Lands intailed by the King's Letters Patents or any Act of Parliament the reversion thereof at the time of such fine levied being in the King XXXI Stat. 37 H. 8.19 Fines levied before the Justices Of Assize at Lancaster or one of them and openly read and proclaimed at the three several Sessions before the said Justices or one of them of lands lying within that County Palatine viz. upon three several days in the Sessions when the fine is ingrossed and three other several days in each of the two Sessions then next following shall be of like force as fines acknowledged before the Justices of the Common Pleas. XXXII Stat. 2. 3 E. 6.28 This Statute ordains all fines of lands within the County Palatine of Chester to be of like force with those of the Common Pleas being proclaimed before the high Justice there or his Deputy in like sort as those of Lancaster are proclaimed XXXIII Stat. 1 M. Parl. 1.7
of the Forest when he comes into those parts to hold pleas of the Forest to be determined before him XVII These liberties of the Forest the King grants to all men saving to all other persons the liberties and free customes in Forests Warrens and other places which they have formerly enjoyed XVIII Merton cap. 11. 20 H. 3. The Lords demanded the imprisonment of trespassers in their Parks and Ponds but it was denied by the King and so deferred XIX West 1. cap. 20. 3 E. 1. Trespassers in Parks or Ponds shall give treble damages to the party grieved suffer three years imprisonment be fined at the King's pleasure and give surety never to offend in the like kind again And if they cannot find surety they shall abjure the Realm or being sugitive shall be outlawed XX. Stat. 21 E. 1. A Forester Parker or Warrener shall not be questioned for killing a Trespasser who after the peace cried unto him will not yield himself so it be not done out of some other former malice XXI Ordinatio Forestae 33 E. 1. Stat. 5. Those to whom the King hath granted Purliew whereby their Woods are dis-afforested shall be quit of the charge of the Forest but then they are to have no common there Howbeit such as are willing to return their Woods into the Forest shall injoy Common and other easements there as they did before XXII Ordinatio Forestae 34 E. 1. cap. Presentments of trespasses of Green-hue and hunting in Forests shall be made at the next Swainmote by the Foresters within their several Bailiwicks before the Foresters Verdors Regardors Agistors and other Ministers of the Forest and they shall be also inquired of by the oaths as well of Knights as other lawfull men not suspected of the nearest parts where the trespasses were committed and the presentments so inquired of shall be solemnly confirmed and sealed by the seals of the said Ministers XXIII Cap. 2. If any Officer die or be otherwise hindered that he cannot present at the Swainmote the Justice of the Forest or his Lievtenant shall put another in his place that the Indictment may nevertheless be made by all in form aforesaid also officers which are to be placed shall be put as hath been used except the Verdors who shall be ordained by election or writ XXIV Cap. 3. No Minister of the Forrest shall be put upon any Assize Jury or Enquest to be taken without the Forest XXV Cap. 4. No officer of the Forest shall surcharge the Forest in pain to be imprisoned by the Justice of the Forest or his Lievtenant and he by whom they were placed shall be also punished at the King's pleasure At every Swainmote enquiry shall be made of surcharges Foresters and other Ministers there and of oppressions done to the people that reformation may be made XXVI Cap. 5. Trespasses committed in grounds dis-afforested shall be pardoned yet so as the hedges and ditches shall be cast down and removed saving the King's Arrentations which shall remain according to the Assize of the Forest also the wood felled in the Forest shall be carried away but that standing though sold shall be preserved XXVII Cap. 6. The Justice or his Lievtenant shall take fines and amerciaments of Indictees for trespasses committed there and shall not tarry for the Eyre Commoners restrained from their Commons by the Perambulation shall be restored to them again saving the King's Arrentations as aforesaid XXVIII Stat. 1 E. 3. Stat. 1. cap. 8. None shall be taken or imprisoned for vert or venison unless he be taken with the manner or else indicted acording to the form of the Statute of 34 E. 1. And then the Warden of the Forest shall let him to mainprize untill the Eyre of the Forest without taking any thing for his deliverance And if the Warden will not so do he shall have a Writ out of the Chancery of old ordained for persons indicted to be bailed till the Eyre XXIX If the Warden after the Writ served deliver not the person indicted to Mainprize the Plaintiff shall have writ out of the Chancery directed to the Sheriff to attach the Warden to answer his default before the King at a certain day and then the Sheriff the Verdors being called to him shall deliver the person indicted by good mainprize in the presence of the said Verdors and shall deliver the names of the Mainpernors to the same Verdors to answer in the Eyre before the Justices XXX If the chief Warden be thereof attainted he shall be awarded to pay treble damages to the party grieved committed to prison and ransomed at the King's will XXXI Stat. 1 E. 3. Stat. 2. cap. 1. The great Charter and also that of the Forest are confirmed XXXII The perambulations of Forests shall continue as they were bounded in the time of E. 1. and every County shall have a Charter thereof and where they are not bounded it shall be now done and a Charter thereof shall be also made accordingly XXXIII Stat. 1 E. 3. Stat. 2. cap. 2. Every man having wood within the Forest may take house-boot and hey-boot in his said wood without being attached for the same by the Ministers of the Forest so that it be done by the view of the Foresters XXXIV Stat. 25 E. 3. Stat. 5. cap. 7. No Forester or other Minister there shall gather any victuals or other thing by colour of his office but what is due of old right XXXV Stat. 7 R. 2.3 A Jury for the trial of a trespass within a Forest shall give up their verdict where they received their charge and shall not by menace or otherwise be constrained to give their verdict of a trespass done in the Forest otherwise then their conscience will cleerly inform them XXXVI Stat. 7 R. 2.4 No officer of the Forest shall take or imprison any without due indictment or per main ouvre with his hand at the work that is being taken with the manner or trespassing in the Forest nor shall constrain any to make obligation of ransom against his will and the Assize of the Forest in pain to pay the party grieved double damages and to be ransomed at the King's will XXXVII Stat. 22 E. 4.7 If any having Woods in his own ground within any Forest Chase or Purliew shall cut or cause the same or any part thereof to be cut by the King's licence where such Forests Chases or Purliew are his or without licence where they belong to others he may keep them several and inclosed during seven years next after their felling XXXVIII Stat. 32 H. 8.35 Every Justice of the King's Forests Chases and Parks by writing under the seal of his office may make as many Deputes as he please which shall have like power as the Justice himself hath XXXIX Stat. 16. 17 Car. 16. An Act for the certainty of Forests and of the Meers limits and bounds thereof See the Statute at large Forfeiture Magna Charta Cap. 22. 9 H. 3. The King
De Tallagio non concedendo Tempore E. 1. cap. 4. All persons shall have their laws liberties and free customs as largely as they have used to have them when they had them best And if any Statutes or Customs have been made or brought in by us or our Predecessors or if any article contained in this Charter be found contrary thereunto they shall be void VIII Stat. 1 E. 3. Stat. 2.4 All Cities Burroughs and franchised Towns shall injoy all their franchises customs and usages as they ought and were wont to do IX Stat. 14 E. 3. Stat. 1. cap. 1. Holy Church shall have her liberties in quietness The great Charter and that of the Forest shall be holden in all points and the City of London and all other Cities and Burroughs shall injoy all their Franchises and Customs which they have reasonably had and used in times past X. Stat. 25 E. 3. Stat. 3.1 All priviledges and franchises heretofore granted to the Clergy are confirmed and shall be holden in all points XI Stat. 6 R. 2. Stat. 1.1 The Church of England shall have all her liberties whole and unhurt and the same shall fully injoy and use XII Stat. 7 R. 2.1 Holy Church shall injoy all their liberties and franchises as she had them in the time of the King's Progenitors The like is granted in 2 R. 2.1 3 R. 2.1 5 R. 2.2.1 12 R. 2.1 1 H. 4.1 XIII Stat. 2 H. 4.1 The Church shall have her rights and liberties All Lords spiritual and temporal Cities Burroughs and Towns enfranchised shall injoy their liberties and franchises which they have lawfully used or have had by the grant of the King's predecessors Kings of England Vide 9 H. 4.1 13 H. 4.1 3 H. 5.1 and 2 H. 6.1 which are in effect the same save that they except such Franchises as are repealed or repealable by the Common-Law XIV Stat. 27 H. 8.24 None but the King shall have power to pardon treason or felony or such as are accessary to or outlawed for the same notwithstanding any Grant Usage Prescription Act or other thing to the contrary XV. None shall make Justices in Eyre of Assize Peace or Gaol-delivery but only the King and that by his Letters patents under the great Seal and notwithstanding any grant c. XVI All Writs Indictments and Processes in every County Palatine or other liberty shall be made in the King's name Teste the owner of such County Palatine or liberty and here in every such writ and indictment of any offence against the Peace it shall be supposed to be done against the King's Peace and not against the peace of any other person notwithstanding any Grant c. XVII Provided that Justices of Assize Gaol-delivery and Peace in the County Palatine of Lancaster shall be so made under the King 's usual seal of Lancaster notwithstanding any Act. XVIII Provided also that Corporations which have power to have Justices of Peace and Gaol-delivery may have them still notwithstanding this Act. XIX Stewards Bailiffs and other Ministers of Liberties shall attend the Justices of Assize Gaol-delivery and Peace and make due execution of Processes to them directed within their liberties and the Bailiffs there or their Deputies shall also attend and assist the Sheriff at the Gaol-delivery for execution of prisoners XX. Provided that the last clause shall not be prejudicial to any Stewards or Bailiffs of Corporations which are not compellable to attend or appear out of their Corporations XXI The King shall have the fines issues amerciaments and forfeitures which shall be set upon or lost by Stewards Bailiffs or other Ministers of Liberties notwithstanding any grant c. And amerciament for insufficient returns made by such Stewards or Bailiffs shall be set upon their heads and not upon the Sheriffs XXII Purveyors may take provision within liberties notwithstanding any grant c. Provided such purveyors observe the Statutes made for them in that behalf XXIII The King's officers may keep their Courts within the Verge and his Clerk of the Market onely shall execute his Office there notwithstanding any Liberty but London XXIV All Statutes made against Sheriffs Under-Sheriffs Bailiffs or other Ministers for any misdemeanour concerning their Offices shall extend to Stewards Bailiffs and other Ministers of Liberties XXV Stewards and Bailiffs of Liberties and their Deputies and Clerks may execute their office above a year notwithstanding this last clause XXVI All such Justices to be made as is aforesaid rehearsed in this Act shall have power to hold their Sessions of Peace and to deliver the Gaols within their liberties and to execute all other things within the same in as ample manner as other Justices of Peace and Gaol-delivery do in any Shire notwithstanding any Act Grant c. XXVII The new Justices now to be made by the King within Liberties shall sit where such Justices have commonly used to sit before and none within the said Liberties shall be compellable to appear before any other Justices of the same Liberties XXVIII Sir Thomas Englefield now Justice of Chester annd Flint shall not be prejudiced by this Act. XXIX This Act shall not be prejudicial to Corporations but they shall injoy such liberties fines issues amerciaments and forfeitures as they did before the making thereof XXX The Bishop of Ely and his Steward for the time being shall be Justice of Peace within the same Isle notwithstanding this Act so also shall the Bishop of Durrham and his Chanceller in that County Palatine and the Bishop of York and his Chancellor of Hexam within that Precinct XXXI Stat. 32 H. 8.20 The same franchises that the late owners of Religious houses had within three moneths before their dissolutions shall be revived and be actually in the King and in the survey of the Court of Augmentations and the Stewards Bailiffs and Ministers thereof shall account there as other Officers accountants of the King in that Court have done XXXII The Franchises of the late Religious houses which have come to the King's hands by attainder shall be in the order of the Court of general Surveyors and the Stewards Bailiffs and other Ministers thereof shall account there as other officers accountants of the King in that Court have done XXXIII The said Stewards and other Officers shall be attendant and obedient in all other the King's Courts as the officers of the said late owners were and no Sheriff or other forein officers shall intromit into their Liberties in any other manner then they lawfully might have done before the said Franchises came into the King's possession XXXIV Every person may use all such liberties as he hath by the King's grant or otherwise notwithstanding this Act also the offices fees annuities and profits of all persons out of any of the lands of the said Religious houses are saved XXXV Fines may be levied in the Court of Augmentations of lands within that Survey to the King's use without fee and the Justices of the Common Pleas
XIII If it be prosecuted by any other then one of the parties he shall have the fine but if by one of the parties he shall recover damages by the assessment of the Inquest so taken The suit may also be prosecuted before other Justices in form aforesaid XIV Stat. 2 H. 6. Stat. 1. cap. 3. None shall be admitted to pass in an Inquest upon trial of the death of a man or betwixt party and party in any plea real or personal whereof the debt or damage declared amounts to 40 marks unless he have lands or tenements of the yearly value of 40 s. besides reprises Challenge thereof being made by the party XV. Stat. 8 E. 4.3 Every Juror impannelled and returned within Middlesex in any of the Courts at Wesiminster at every fourth day of the return thereof shall be called who then appearing his apparence shall be recorded and he shall not be amercied nor lose issues that day in that suit XVI No default essoin or other delay of either party Plaintiff or Defendant in any personal action by the law heretofore used shall by this ordinance be prejudiced or taken away in any manner but shall be adjudged and allowed in as ample manner as they were before the making of this Act. * XVII Stat. 1 R. 3.4 No Bailiff or other Officer shall return or impannel any person upon any inquiry at the Sheriff's turn but such as are of good name and fame having lands and tenements in the same County viz. Free-hold of 20 s. and Copi-hold of 26 s. 8 d. per annum in pain that the Bailiff or other Officer shall forfeit for every person so returned or impannelled not of the sufficiency aforesaid 40 s. for every time and the Sheriff 40 s. more which said forfeitures may be recovered by Action of debt and shall be divided betwixt the King and the prosecutor XVIII Stat. 4 H. 8.3 For issues lost by Jurors in London given to the Mayor and Sheriffs there by the Statute of 11 H. 7.21 which see Attaint the said Mayor and Sheriffs and their successors may distrain respectively viz. the Mayor for his and the Sheriffs for theirs XIX The Sheriffs of London have power to return pannels of Jurors in suits depending in any of the Courts at Westminster and triable in London being Citizens and having goods of the value of 100 marks who shall serve and be sworn in like manner as if they had lands and tenements of 20 s. per annum * XX. The Sheriffs of London shall return upon the first distress upon every Juror 20 d. and upon the second distress 40 d. and upon every other distress after that the double until a full Jury appear and be sworn in pain of 10 l. to be divided betwixt the King and the prosecutor XXI Stat. 5 H. 8.5 The Statute of 4 H. 8.3 as to the issues to be set upon Jurors shall be understood onely of writs of distress before Justices or Justice of Nisi prius in suits depending in the Court at Westminster and triable at S. Martins le grand in the City of London and not of other writs or processes issuing out of the said Courts XXII Stat. 23 H. 8.13 Trials of felons in Corporate Towns may be by freemen of the same Corporation worth 40 l. in goods albeit they have no Free-hold XXIII This Act shall not extend to any Knight or Esquire dwelling or resorting in or to any such Town XXIV Stat. 35 H. 8.6 Where such persons as should pass upon the trial of any issue in any of the Courts at Westminster ought to have Free-hold worth 40 s. per annum The writs shall be in this form Rex c. praecipimus c. quod venire facias coram c. 12 liberos legales homines c. Quorum quilibet habeat 40 solid terr tenem vel redd per annum ad minus per quos rei veritas c. But when that is not requisite the clause Quorum quilibet habeat 40 solid terr tenem vel redd per annum ad minus shall be omitted XXV Upon every venire facias that hath the said clause Quorum quilibet c. the Sheriff or other Officers shall not return any having less then 40 s. per annum freehold out of ancient Demesne and in the same County where the issue is to be tried in pain to forfeit for every one otherwise returned 20 s. They shall also return six Hundreders at least if there be so many in the Hundred where the venue lieth in pain to forfeit for every Hundreder not so returned 20 s. And in every such writ wherein that clause is omitted they shall not return any unless he may dispend some lands or tenements out of ancient Demesne and in the said Hundred and also six Hundreders there upon the like pains XXVI Upon every writ of Habeas corpora or Distringas with a Nisi prius The said Sheriff or other Officer shall return Issue upon every man as followeth viz. upon the first writ 5 s. upon the second 10 s. upon the third 13 s. 4 d. and upon every other writ afterwards 26 s. 8 d. in pain of 5 l. XXVII In every such writ of Habeas corpora or Distringas if a full Jury appear not or being full fall short by challenge the Justices upon request of either party may command the Sheriff or other Officer to name so many others then present as may make the Jury full who shall be added to the former pannel and their names annexed thereunto XXVIII The parties may have their challenge to these Tales de circumstantibus and the Justices may proceed to trie the issue by them together with the others returned as well as if such Tales had been returned upon such Habeas corpora or Distringas and in such case the trial shall be as effectual as if it had been tried by 12 of the Jurors returned XXIX If any of the Tales being present do not appear or after apparence withdraw himself the Justices may set a fine upon him to be levied as issues of Jurors use by the Common Law to be levied XXX Albeit the Jury be made full by the Tales yet the Jurors that made default shall lose issues as if the Jury had remained for want of Jurors XXXI Upon a reasonable excuse for default of a Juror proved by two witnesses before the Justices they may discharge the issues lost and in that case the Sheriff or other Officer shall not incur the penalty for not returning issues Also upon the not coming of the Justices the Jurors shall be discharged of their issues and the Sheriff or other Officer of their penalties XXXII If upon any Habeas corpora or Distringas any Juror be not lawfully summoned or distrained the Sheriff or other Officer shall lose double the issues returned upon such Juror XXXIII The said forfeitures not issues shall be divided betwixt the King and the Prosecutor XXXIV The right of others to issues so
the King and his Council therewith they shall take no fee but of the King nor give councel where he is a party and if they do amiss they shall be at the King's will in body lands and goods IV. Stat. 20 E. 3.2 The like is commanded to the Barrons of the Exchequer and to dispatch businesses depending before them without delay V. Stat. 20 E. 3.3 Justices assigned by Commission and of Assize and Gaol-delivery and their Associates shall make such oath as shall be enjoyned them by the King's Council or the Chancery before their Commissions be delivered unto them VI. Stat. 1 Jac. 10. None shall take any money or promise for the report of an order or cause referred unto them by any of the King's Judges or Court directly or indirectly in pain of 5 l. and to lose his office or place in the same Court VII The forfeiture is to be divided betwixt the King and the party grieved if he will sue for it but if not then betwixt the King and any other prosecutor VIII This Act shall not prohibit the Clark from taking for his pains in writing the Report viz. 12 d. for the first sheet and 2 d. a piece for the rest Justices in Eyre I. Marlb 24 52 H. 3. Justices in Eyre shall not amerce Townships because all of twelve years of age came not before the Sheriffs and Coroners to make inquiry of robberies House-burnings and other offences against the Crown so that a full Inquest of those Towns appear Howbeit upon an Inquest for the death of a man all of 12 years of age ought to appear unless they have some reasonable cause of absence II. West 1. cap. 18. 3 E. 1. The common fine and amerciament of the whole County in Eyre of the Justices for false judgment or other trespass shall hereafter be Assessed by the said Justices upon the oaths of Knights and other honest men and not by Sheriffs and Barretters as in times past hath been used And the said Justices shall cause the parcels thereof to be Estreated into the Exchequer and not the whole summe onely III. West 2. cap. 10. 13 E. 1. Justices in Eyre in their Circuits shall appoint a certain time before which all writs shall be delivered in and then the Sheriff shall certifie the chief Justice in Eyre how many writs he hath and what they concern after which time they shall not be received or if received shall have no force except writs that abate during the Circuit which may be amended also except writs of Dower of men dying within the summons of the circuit Assizes of Darrein presentment and Quare impedit of Churches vacant within the said summons and of Novel disseisin ☞ Justices of Assize I. Stat. Justic Assisarum Incerti temporis There shall be eight circumspect and discreet Justices Assigned to take Assizes Juries and Certificates throughout the Realm viz. Two in the Counties of York Northumberland Westmerland Cumberland Lancashire Nottingham and Darby Two in the Counties of Lincoln Leicester Warwick Stafford Salop Northampton Rutland Glocester Hereford and Wigorn Two in the Counties of Cornwal Devon Somerset Dorset Wiltshire Southampton Oxon Berk Sussex and Surrey And two in the Counties of Kent Essex Suffolk Norfolk Cambridge Huntingdon Bedford and Buckingham II. Assizes Juries and Inquests of Middlesex shall be taken before the Justices of the Bench. III. The said eight Justices so Assigned shall daily attend for that purpose at such places as they shall think fit and most for the ease of the people and writs of Assizes Juries or Recognizances shall be granted to be taken before none but them save of the special grace of the King IV. Stat. 20 E. 3.6 Justices of Assize have power to inquire of the misdemeanours of Sheriffs Escheators Bailiffs and other Ministers Imbraceors and Jurors and to punish such as be found guilty And the Chancellor and Treasurer are to hear all complaints thereof and to apply speedy remedy thereunto V. Stat. 6 R. 2.5 Justices of Assize and Gaol-delivery shall hold their Sessions in the chief Towns of every County where the Shire-Courts there use to be holden VI. Stat. 8 R. 2.2 No man of Law shall be Justice of Assize or Gaol-delivery in his own Country and the chief Justice of the Common Bench shall be Assigned amongst others to take Assizes and to deliver Gaols but as to the chief Justice of the King's Bench it shall be as for the most part of 100 years last past hath been wont to be done VII Stat. 11 R. 2.11 Because it was found inconvenient to the subject that Justices of Assize should be bound to hold their Sessions where the Shire-Courts use to be held the Chancellor by the advice of the Justices shall have power to order that otherwise as need shall be notwithstanding the Statute of 6 R. 2.5 VIII Stat. 20 R. 2.3 No Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices are there commanded not to suffer it IX Stat. 11 H. 4.3 Justices of Assize shall deliver into the Treasury the Records of Assizes of Novel desseisin Mortdancester and Certifications every second year after the plea determined and judgment given and those Records shall not be amended or impaired after judgment given and recorded X. Stat. 14 H. 6.3 The Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of peace and truce in the City of Carlile and not elsewhere according to the Statute of 6 R. 2.5 XI Stat. 33 H. 8.24 No Justice or other learned in the Law shall be Justice of Assize in the County where he was born or doth inhabit in pain of 100 l. to be divided betwixt the King and the prosecutor XII This Statute shall not extend to the Clark of Assize or to any Associate or to any such Justice of Assize XIII Neither shall these words Justices of Assize or others learned in the Law extend to Officers in Corporations but that they may be Justices of Assize of fresh force or other Assizes in the place where they dwell or were born XIV This Act shall not be prejudicial to any Justice of the one Bench or the other for hearing and determining Assizes in those Courts nor to any Justice that shall take any Assize by adjournment for difficulty thereof XV. The Clark of Assize shall not during the Sessions be of Council to any within the Circuit otherwise then as to his Office appertains in pain of 10 l. to be divided betwixt the King and the party grieved XVI This Act shall not extend to Justices Clarks nor Clarks of Assize within the Dutchy and County Palatine of Lancaster Justices of both Benches I. West 1. cap. 45. 3 E. 1. One plea shall be decided by the Justices of the King's Bench before another be commenced yet Essoins shall be entred and allowed but let none presume to absent himself at the
within ten years after such imperfections removed XIX All Actions upon the Case other then for slander actions for accompt other then such as concern Merchandize Actions or Trespass Debt Detinue Trover and Replevin shall be commenced within three years after this present Session of Parliament or within 6 years after the cause of such actions or suit and not after XX. All actions or trespass of Assault Battery Wounding and imprisonment shall be commenced within one year after this session or within four years after the cause of suit and not after XXI All actions upon the Case for words shall be commenced within one year after this present session or within two years after the words spoken and not after XXII Provided that if in any such actions judgment be given for the Plaintiff and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of judgment it is given against him or if the Defendant be outlawed in the suit and after reverse the outlawry in these cases the Plaintiff his Heirs Executors or Administrators may commence a new Action within a year after such judgment reversed or given against the Plaintiff or outlawry so reversed and not after XXIII The right of Action in the cases abovesaid is saved to an infant Feme covert non compos mentis a person imprisoned or beyond Sea so as they commence their suits within the times above limited respectively after their imperfections removed Linne I. Stat. 26 H. 8.9 An Act for the repairing of the Town of Linne See the Statute at large ☞ Linnen Cloth * I. Stat. 28 H. 8.4 No person whatsoever shall put to sale any piece of Doulas or Lockeram unless the just length be expressed thereupon in pain to forfeit the same or the value thereof to be divided betwixt the King and the seiser * II. Stat. 1 El. 12. None shall use any means whereby Linnen Cloth shall be deceitful or made worse for use in pain to forfeit the same to suffer a moneths imprisonment and to be fined by the Justices before whom he shall be condemned III. Justices of Oyer and Terminer and of Assize and Justices of Peace or any three of them 1 Quo. have power to hear and determine these offences ☞ IV. The Informer that shall at the next Sessions of the Peace after the seiser to be kept in the County where such seiser is made or before two Justices 1 Qu. make due information of the offence and seiser or procure the Offender to be there indicted and be bound by recognizances before the said Justices to pursue the same matter with effect and give evidence as of right appertaineth and pay the one moiety of what he recovers to the Sheriff or other accomptant for the Queen's use shall have the other moiety for his paines V. The Justices before whom these offences are tried shall by estreat certifie the forfeiture into the Exchequer See more title Mannufacture num III. Livery and Ouster le main I. Stat. De escheatoribus 29 E. 1. Where by Inquests taken before the Escheator upon the King 's writ returned it is found that nothing is holden of the King the Escheator shall be immediatly commanded by the King 's writ out of the Chancery to put from his hands the Lands so taken into the King's hands and if the Escheator have received any profit thereof he shall restore it Howbeit if the King's title may afterwards be made appear by remembrances in the Chancery Exchequer or elsewhere the Lands shall be reseised and the mean profits answered to the King and in such case Scire sacias shall issue out against the party to shew cause why they should not be reseised Vide Artic. super Cart. 28 E. 1. cap. 19. To the like effect as to the Ouster le main and rendring the mean profits when there is no cause of seisor II. Stat. 28 E. 3.4 Where the King's tenant after he hath had livery hath been charged with rents and other paiments become due after such livery for part of the time pro rata hereafter the Escheator shall be charged with the Casual and continual prosits which happen before the livery pro rata according to the time and the tenant shall receive certain paiments of rent c. which happen after the livery without any abatement thereof pro rata for the time ☞ Liveries of Companies and Retainers * I. Stat. 1 R. 2.7 None shall give liveries for maintenance of quarrels or other conspiracies in pain of imprisonment and grievous forfeiture to the King And the Justices of Assize shall diligently inquire of such as gather together in Fraternities for such purposes and shall punish them according to their demerits London I. Stat. de Gavelet 10 E. 2. The Lords of Rents in London may recover them by a writ of Gavelet in their Hoystings and in default thereof the Lands in demesne II. Stat. 28 E. 3.10 The Mayors Sheriffs and Aldermen of London shall cause errours defaults and misprisions there to be redressed in pain to forfeit for the first default 1000 marks for the second 2000 marks and for the third to have the franchise and liberty of the City seised And their defaults herein shall be inquired of by Inquests of Kent Essex Sussex Hertford Buckingham and Berks as well at the King's suit as of others that will complain III. The Maior Sheriffs and Aldermen being indicted shall be caused by due process to come before the King's Justices assigned thereunto out of the City and there shall be made to answer as well to the King as to the party grieved and their trial shall be by forein Inquests as aforesaid whereupon if they be attainted the said pain shall be levied upon them and the Plaintiffs also shall recover treble damages IV. In the prosecution of such suits the Constable of the Tower or his Lievtenant shall execute all processes in the City which process shall be by attachment distress and exigent and in the King's case the exigent shall be awarded after the first Capias returned but after the return of the third Capias at the suit of the party V. If they have lands out of the City process shall issue against them in the Countie where such lands be by attachment and distress VI. Every of them that appear shall answer particularly for himself as well at the peril of him that is absent as of himself VII This Ordinance shall extend to all other Cities and Boroughs throughout the Realm Howbeit the Inquests in such cases shall be taken by foreign people of the Counties wherein such Cities and Boroughs are scituate and the pains to beset upon them shall be adjudged by the Justices thereto assigned VIII Stat. 1 H. 4.15 The penalties of 1000 and 2000 marks imposed by the Statute of 28 E. 3. shall not be limited to a certainty but the penalties shall from henceforth be left to the discretion of the Justices thereunto assigned in
for the victualling or amending of Ships ☞ News * I. West 1.33 3 E. 1. None shall report any false or slanderous news or tales whereupon discord may arise betwixt the King and his People or the great men of the Realm in pain of Imprisonment until he produce the Author II. Stat. 2. R. 2. Stat. 1.5 None shall devise speak or tell any false news lies or other such false thing of Prelates Lords or the great Officers of the Realm whereby any discord or slander may arise in pain to be punished as by the Statute of westm 1. ordained III. Stat. 12. R. 2.11 When any one hath spoken falsities contrary to the aforesaid Statutes and cannot produce the Author and is thereupon imprisoned he shall afterwards be punished by the Kings Council notwithstanding the said Stat. of West 1. Nisi prius I. West 2.30 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin Mortdancester and Attaiuts and they shall associate unto them one or two of the discreetest Knights of the County where they come which Assizes and Attaints shall be taken but thrice in the year viz. 1. between 8. of July and the first of August 2. the 13. of September and the 6. of October the 3. of January and the 2. of February II. At such Assizes before they depart they shall appoint the day of their return and may also adjourn the Assizes from day to day if the taking of them happen to be deferred at any day by vouching to warranty essoin or default of jurors They may also adjourn Assizes of Mortdancaster being respited by essoin or voucher into the Bench and in such case shall send thither the Record thereof together also with the Original writ And when the matter is come to the taking of the Assize the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken But the Justices of the Bench in such Assizes shall give 4. dayes at least in the year before the Justices assigned to spare expence and labour III. All pleas in either of the Benches that require small examination shall be determined before them Howbeit it must be at a day and place certain appointed in the presence of the parties and mentioned in the Judicial writ by these words Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis nisi Talis Talis tali die loco ad partes illas prius venerint duodeeim c. And when the Inquests of such pleas are taken they shall be returned into the Bench where they were commenced to receive Judgement and to be inrolled And Judgement otherwise taken shall be void except in an Assize of Darrein presentment and Inquisitions of Quare impedit which shall be determined in their proper County before one of the Justices of the Bench and a Knight at a day certain in the Bench assigned whether the Defendant consent or not and there shall judgement also passe immediately IV. The Justices of the Benches shall have in their Circuits Clerks to inroll all pleas pleaded before them as hath been used in times past and the Justices assigntd shall not compell the Jurors to say precisely whether it be disseisin or not so as they will shew the matter of fact and then require aid of the Justices But if they will of their own head say that it is disseisin their verdict shall be admitted at their own peril And the Justices shall not put upon Assizes or Juries any other then such as were summoned for the same at the first V. Stat. Definibus levatis 27 E. 1.4 Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices before whom the plea is brought being associate to one Knight of the same County where such Inquest shall pass unless they require great examination And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa which see in Jurors VI. Stat. Eborac 12 E. 2.3 Inquests in pleas of land that require no great examination shall be taken in the County before a Justice of the Peace where the plea is accompanied with a substantial man in the Country whether Knight or other so as a certain day be given in the Bench and a certain day and place in the Countrey in the presence of the parties and the demandant request the same but Inquests of Pleas that require great examination shall be taken in the Countrey in manner aforesaid before two Justices of the Bench. VII Stat. Ebor. 12 E. 2.4 Justices of Nisi prius have power to record non-suits and defaults in the Countrey at the dayes and places assigned and shall report them in the Bench at a day certain there to be inrolled and thereupon Judgment shall be given VIII Stat. 2 E. 3.16 Inquests in pleas of Land shall be as well taken at the request of the tenant as of the demandants notwithstanding the Statute of 12 E. 2.3 IX Stat. 4 E. 3.11 Justices of the Benches of Assiise and of Nisi Prius shall have power to hear and determine maintenance conspiracy confederacy and champerty as well as Justices in Eyre And that which cannot be determined before the Justices of either Bench upon the Nisi Prius shall be adjourned unto the Bench where they are Justices and shall be there determined Note that this Statute is confirmed by the Statute of 7 R. ◠15 which see in Maintenance X. Stat. 14 E. 3. Stat. 1.16 A Nisi prius in the Kings Bench shall be granted before a Justice of that place if any Justice of that place may well go into those parts if not then before a Justice of the Common Pleas so likewise those in the Common Pleas shall be grantable before a Justice of the Kings Bench if he may go thither vice versa but if none of them may go then before the chief Baron if c. or else before the Justices assigned to take Assizes in those parts so as one of them be a Justice of one of the Benches or the Kings Serjeant sworn And here to avoid fraud if one party demand a tenor of the record another tenor thereof shall be also upon request delivered to the other party XI Where Assizes of Quare impedits and Darrein presentments are triable in the Countrey by Nisi prius before the Justices of either Bench the chief Baron or Justices of Assize they may there give Judgment upon them XII Stat. 7 R. 2.7 In all pleas where Nisi prius is grantable of office after the great distress returned and three times served before the Justices against the Jurors and thereupon the parties demanded if either party will pursue or if they refuse to have a Nisi prius in the case then at the suit of any of the Jurors there present a Writ of Nisi prius shall be
Council if need be and all Charters and Patents otherwise made shall be void IV. Stat. 1 H. 4.13 The Statute of 17 R. 2.5 shall be duly put in execution and all Customers and Controllers shall be resident upon their Offices in their proper persons without making any deputies in their places V. Stat. 4 H. 4.20 The Statute of 1 H. 4.13 shall be duly put in execution and the said Officers shall be sworn so to do in pain of imprisonment and to forfeit 100 l. VI. Stat. 13 H. 4.5 The Statute of 1 H. 4.13 shall be duly put in execution And all Customers Controllers Gaugers of Wines and searchers shall be resident upon their office especially at the time of charge and discharge of Ships and Vessels so that no such Officer after the time aforesaid be absent from his said Office by three weeks at the most in pain to lose his Office unless he be commanded upon record to be in the Kings Courts or otherwise in the Kings service of Record VII Stat. 2 H. 6.10 All Officers made by the Kings Letters Patents within his Courts which have authority ab antiquo to appoint Clerks and Ministers within the same Courts shall be sworn to appoint such there for whom they will answer at their peril and such as be sufficient and will be faithful and diligent in their places VIII Stat. 31 H. 6.5 All Letters Patents of the said Offices or Aulnage made against the effect of the Statutes of the 17 R. 2.5 or 4 H. 4.24 which see in Drapery shall be void And no Letters Patents of any of them shall be hereafter made but by warrant of bill sealed by the Treasurer and sent by him into the Chancery as hath been heretofore used and if any be otherwise made they shall be void IX This Act shall not extend to be prejudicial to the Queen the Prince the Duke of Buckingham the heirs of Henry late Earl of Warwick the Cities of London or Winchester to any Controller for any Office out of the Kings Ports to John Panicock or Giles Seyntlo Esquires or to any of the King or Queens houshold servants for any of their Offices or the fees thereof due and accustomed * X. Stat. 5 E. 6.16 None shall bargain or sell any Office or Deputation or any part thereof or receive or take any money fee reward or other profit directly or indirectly or any promise agreement bond or assurance to receive any such profit for the same which office shall concern the administration or execution of Iustice or the receipt controlment or payment of any of the Kings Money or Revenue or any Accompt Aulnage Auditorship or surveying of any of the Kings Lands or any of his Customs or any administration or attendance in any Custom-house or the keeping of any of the Kings Towns Castles or Fortresses being places of strength or defence or any Clerkship in any Court of Record in pain that the Bargainee thereof shall lose his place and the Bargainor be adjudged disabled to execute the same and every such bargain and agreement shall be void XI Provided that this Act shall not extend to any office or inheritance or for the keeping of a Park House Mannor Garden Chase or Forest nor to the two Chief Iustices or Iustices of Assize but that they may grant offices as they did before the making of this Act Also all Acts done by an officer removeable by force of this Statute shall be good in Law until he be removed XII Stat. 14 Car. 2. cap. 8. Officers and Offices assessed for raising Money to be distributed amongst loyal and indigent Officers of the late Kings Army XIII Provided this Act not to be drawn into president to tax any sort of persons distinct from the body of the people Oyer and Terminer I. West 2.29 13. E. 1. A Writ of Trespass ad audiendum terminandum shall not be granted but before the Iustices of either Bench or Iustices in Eyre unless it be for some heynous Trespass which requires speedy remedy II. A Writ to hear and determine Appeals before Justices assigned shall not be granted but upon a special case a certain cause and the Kings command And lest the party should be kept too long in prison they may have the Writ De Odio Alia provided by Magna Charta cap. 26. and other Statutes III. Statutum quod vocatur Ragman de Iusticiaris assignatis 33 E. 1. By this Act it was ordained that Justices should go through England to hear and determine trespasses and other complaints of things done within 25 years before and divers matters be in that Statute concerning those things See the Statute in Vet. Mag. Cart. fol. 28. and Sir Edw. Cook in the fourth part of his Instit cap. 34. IV. Stat. 2 E. 3.2 Pars înde Commissioners of Oyer and Terminer shall not be granted but before the Justices of the one Bench or the other or the Justices Errants and that for great hurt and horrible Trespasses and of the Kings special Grace according to the Statute of Westm 2.29 Oyle I. Stat. 3 H. 8.14 The Major of London together with the Master and Wardens of the Mystery of Tallow-Chandlers there shall have power to search all Oyls brought to London to be sold and to oversee that the same be not mixed or altered from their right kinds and what they shall find deceitfully mixed shall cast away and punish the Offendor by imprisonment or otherwise at their discretions according to the Laws and Customs of the said City II. Head-Officers in other Corporations shall have the like power within their Jurisdictions ☞ Ordinaries I. West 2.19 13 E. 1. Where an intestate dies in debt and the goods come to the Ordinary to be disposed in this case the Ordinary shall satisfie the debts so far as the goods extend in such sort as the Executors of such persons should have done in case he had made a Testament II. Stat. 18 E. 3.6 3. Temporal Justices shall not make inquiries of process awarded by the Spiritual Judges saving onely the Article in Eyre such as ought to be III. Stat. 25 E. 3 Stat. 3.9 The Justices shall not impeach Ordinaries or their Ministers upon Indictments of general Extortions or Oppressions unless they put in certain in what thing of what and in what manner the Ordinaries or their Ministers have committed extortion or oppression ☞ Painters * I. Stat. 1 Jac. 20. NO Plaisterer shall use to exercise the Art of a Painter in London or the Suburbs thereof or lay any manner of Colour or Painting whatsoever in the Art of Painting heretofore used unless he be a Servant or Apprentice to a Painter or have served seven years as an Apprentice in that Art in pain for every time so offending to forfeit 5 l. to be divided betwixt the King and the Prosecutor II. Provided that Plaisterers may use Whiting Blacking Red-Lead Red-Okar and Russet mingled with Size only and not with Oyl notwithstanding this
they be that choose them Also Citizens and Burgesses shall be resiant in and free of the Cities and Boroughs for which they are chosen XI Stat. 6 H. 6.1 Knights of the Shires and Sheriffs against whom any Inquest of Office for undue Elections are found before the Justices of Assize shall have their answer and traverse thereunto and shall not be damnified thereby until they be duly convict thereof according to Law XII Stat. 8 R. 6.1 The Clergy called to the Convocation by the Kings Writ together with their Servants and Familiars shall fully use and enjoy such liberty or defence in coming tarrying and returning as the great men and Communalty of the Realm called to Parliament do or ought to enjoy XIII Stat. 8. H. 6.7 The election of Knights of the Shire shall be made by the more voices of people dwelling in the Counties having each of them Land or Tenements of the yearly value of 40 s. besides Reprises also the Knights so chosen shall be resiant within the same Counties XIV The Sheriff hath power to examine upon Oath the choosers how much they may expend by the year XV. If the Sheriff be found by Inquest and also attainted before Justices of Assize to have done contrary to this Act he shall forfeit 100 l. to the King and suffer a years imprisonment without Bail and in that case the Knights so returned shall lose their wages XVI He that cannot expend 40 s. per annum shall have no voice in the election of Knights for the Parliament and hereafter in every Writ issued out for that purpose mention shall be made of this Ordinance XVII Stat. 10 H. 6.2 A chooser of the Knights of Parliament must be resident and have free-hold worth 40 s. per annum besides Reprises within the same County XVIII Stat. 23 H. 6.11 The Sheriff in the next County Court after he shall have received the Writ for assessing the wages of the Knights of Parliament shall make Proclamation that the Coroners chief Constables Bailiffs and all others that will appear at the next County Court to assess the same wages at which last County the Sheriff and the other Officers shall be present in proper person in pain that every one that makes default shall forfeit 40 s. and then the Sheriff shall in full County assess every Hundred by it self and every Town in each Hundred by it self so as the sum assessed upon all the Hundreds exceeds not the entire charge of the County nor that assessed upon all the Towns in each Hundred exceeds not the sum charged upon the Hundred in which they be XIX The Sheriff or other Officer which levies more then is so assessed shall forfeit 20 l. to the King and 10 l. to the Prosecutor for the recovery of which 10 l. the said prosecutor shall have a Scire faciaâ— and if the Defendant make default or appear and is afterward convict he shall recover the said 10 l. to his own use over and above the said 20 l. and besides treble damages for his costs of suit XX. The Sheriff shall levy the said Assesments as speedily as may be after they are so assessed and shall deliver them to the Knights XXI Justices of both Benches Justices of Assize Goal-delivery and Peace have power to hear and determine these abuses as well at the suit of the King as of the party XXII This Assessment shall not be levied but only in places where it hath been formerly levied and hereafter in every Writ for the levying of such wages this Act shall be inserted XXIII Stat. 23 H. 6.15 The Statutes of 1 H. 5.1 and 8 H. 6.7 shall be kept in all points XXIV The Sheriff after the receipt of the Writ shall deliver a precept under his Seal to every Mayor and Bailiff or Bailiffs or Bailiff where no Mayor is of the Cities and Burroughs within his County reciting the Writ and commanding them if it be a City to choose by Citizens of the same City Citizens and if a Burrough Burgesses to come to the Parliament And such head-Officers shall lawfully return such precept to the same Sheriff by Indenture betwixt them of such Elections and of the names of the Citizens and Burgesses so chosen and thereupon the Sheriff shall make a good return of every such Writ and also of every such return made by the said Head-Officers XXV If the Sheriff aforesaid do contrary to this Act or any other formerly made for the election of Knights Citizens and Burgesses the Sheriff shall incur the pain contained in the said Stat. of 8. H. 6.7 and besides shall forfeit to the person so chosen and not duly returned 100 l. more to be recovered by action of debt by the said person so chosen against the said Sheriff his Executors and Administrators or in his default by any other prosecutor in which Action no Essoin c. shall be allowed And if such Head-Officers shall make a false return they shall forfeit 40 l. to the King and 40 l. more to the person so chosen and not returned to be recovered by such person or other prosecutor in manner aforesaid XXVI The Sheriff that maketh not due election of Knights betwixt the hours of 8 and 11 in the forenoon and a good true return in manner aforesaid shall incur the pain of 100 l. to the King and as much to any that will sue for the same XXVII The party grieved shall commence his Action within three moneths after the beginning of the Parliament and in his default the prosecutor may then take it XXVIII If any Knight Citizens or Burgess returned by the Sheriff be put out and another put in his place the person so put in if he take the place upon him shall forfeit 100 l. to the King and as much to the person so put out who shall have an Action of debt for the same if he commence his Suit within three months after the beginning of the Parliament XXIX The Knights of the Shires shall be notable knights of the same County for which they are choser or else notable Esquires or Gentlemen born in the same Counties and such as are able to be knights but none shall be such a knight which standeth in the degree of a Yeoman or under XXX Stat. 6 H. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-ports shall depart from the Parliament without the licence of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book in pain to lose their wages XXXI Stat. 33 H. 8.21 The Kings Royal assent by his Letters Pattents under the Great Seal and signed by his hand and notified in his absence to the Lords and Commons assembled in the Upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto XXXII Stat. 35 H. 8.11 Whereas Knights and Burgesses of Parliament in England and Wales have used to
E. 3.11 Justices rssigned to hear and determine felonies shall direct their Writs to all the Counties of England where need shall be to take persons indicted or outlawed for felony III. Stat. 25. Stat. 5.17 Process shall be made in a Writ of debt and detinue of cattel and taking of beasts by Writ of Capias and by process of Exigent by the Sheriff's return as is used in a Writ of Accompt IV. Stat. 6 H. 6.1 Upon Indictment of any person in the Kings Bench for Treason Felony or Trespass a Capias shall be awarded against him as well to the Sheriff of the County where he was so indicted as of the County whereof he is named in the indictment returnable at least six weeks after before an Exigend shall be awarded And if any Exigend shall be awarded or Outlawry pronounced before such return they shall be void This Ordinance shall endure as long as it shall please the King V. Stat. 8 H. 6.10 Upon every such Indictment or appeal before Justices of Peace or other Commissioners or any person dwelling in another County then where the indictment or appeal was taken before any Exigend be awarded thereupon after the first Capias returned another shall issue out against him to the Sheriff of the County where he is supposed by the indictment to be most conversant returnable three moneths after before the Justices or Commissioners before whom he was so indicted or appealed where the Counties are holden from moneth to moneth but four moneths after where they are holden from six weeks to six weeks VI. In this second Capias the Sheriff shall be commanded to take him if he be in his Bailiwick but if he cannot find him then to make Proclamation at two several Counties before the rerurn thereof that he appear at the return at which time if he come not an Exigend shall be awarded And every Exigend awarded or Outlawry pronounced otherwise shall be void VII This Statute of 6 H. 6.1 is confirmed and an action upon the Case is maintainable by the party wrongfully indicted or appealed against the procurer thereof wherein he shall recover treble damages and the process thereof shall be as in Trespasse vi armis VIII This Act shall not extend to indictments or appeals taken in the County of Chester IX If the Indictee or Appellee happen to be conversant in the County where the indictment is found at the time of the finding thereof like process shall be made against the person as heretofore hath been used X. Stat. 10 H. 6.6 The Statute of 8 H. 6.10 is confirmed XI When such Indictments or Appeals as are mentioned in the Statute of 8 H. 6.10 are removed by Certiorari into the Kings Bench like Processes and Returns shall be issued and observed in that Court as the Justices or Commissioners are ordered to issue and observe by the same Statute And Exigents or Outlawries otherwise awarded or pronounced shall be void XII Stat. 19 H. 7.9 Like Process shall be hereafter had in Actions upon the Case sued in the Kings Bench or Common Pleas as in actions of Trespass or Debt XIII Stat. 23 H. 8.14 Like Process shall be had in every Action hereafter to be brought upon the Statute of 5 R. 2.7 which see in Forcible Entry as in Trespass and like Process in every Writ of Annuity and Covenant as in Debt XIV Stat. 8 El. 2. When any person shall sue forth of the Kings Bench any Latitat Alias and Pluries Capias against any person who thereupon doth appear and put in bail if the Plaintiff do not declare within three dayes after or do after Declaration delay or discontinue his suit or be non-suit the Judges of that Court shall thereupon award damages against the Plaintiff XV. The like shall be done in the Courts of the Marshalsey London and all other Corporations and Liberties where the Courts are kept de die in diem but where they are not so kept then the Plaintiff must declare at the next Court after appearance unless he have longer time allowed him by the Court. XVI If any shall malitiously for vexation and trouble cause or procure any person to be arrested or attached to answer in any of the said Courts at the suit of any person whereas there is none such or with out the consent or agteement of the party at whose suit such arrest or attachment is procured the party so causing or procuring the same and thereof convict by indictment presentment the testimony of two or more witnesses or other due proof shall suffer six moneths imprisonment without bail and shall not be inlarged untill he hath satisfied the party grieved his treble damages and besides shall forfeit unto him if he be known 10 l. to be recovered as also the said treble damages by action of debt bill or plaint in any Court against the party so offending his Executors or Administrators in which no Essoin c. shall be allowed XVII Stat. 12 Car. 2. ca. 3. Process and Judicial proceedings continued and pleas and process under certain titles and names of Custodes Oliver c. may be prosecuted and proceeded upon XVIII Process and Pleadings in English in Courts of Justice from the first return of Easter Term 1651. till the first of August 1660. confirmed and no longer And the pleading the General Issue allowed till then according to the pretended Acts for the same And all Process Writs and Patents c. hereafter to issue in the Kings name XIX Stat. 12 Car. 2. ca. 12. What Judicial Proceedings shall not be avoided by reason of any alteration of the Names Stiles or Titles but shall be good and effectual in Law notwithstanding such defects See the Statute at large See Arrests Numb IV. Prochein Amy. I. West 1.47 3 E. 1. If a chief Lord being Guardian make Feoffment of the heirs land the heir shall forthwith recover it by Assise of Novel disseisin against his Guardian and the renant and the seisin shall be delivered by the Justices to the next friend to the heir to whom the inheritance cannot descend to improve it for the use of the heir and to answer him for the issues at his full age and the Guardian shall lose the custody of the thing recovered and all the inheritance that he holdeth by reason of the heir but if the Guardian be a mean Lord he shall lose the Wardship of all and be grievously punished by the King II If the Infant be carried away or disturbed by the Guardian or his Feoffee or any other so that he cannot sue his Assize his Prochein Amy shall be admitted to do it for him III. West 2.15 13 E. 1. If an infant be eloined so that he cannot sue personally his Prochein Amy shall be admitted to sue for him Prohibition and Consultation I. Stat. De Circumspecteâ—ngatis 13 E. 1. For penance corporal or pecuniary enjoyned for deadly sin as Fornication Adultery or the like also for not fencing the Church-yard
Mercatoribus 13 E. 1. The Merchant shall cause his Debtor to come before the Mayor of London or before some chief Warden of a City or other good Town where the King shall appoint and before the Mayor or chief Warden or other discreet men chosen and sworn thereto when the Mayor or chief Warden cannot attend and before one of the Clerks that the King shall thereto assign when both cannot attend and to acknowledg the Debt and Day of payment which recognisance shall be enrolled by one of the said Clerks hands being known and the Roll shall be double whereof one part shall remain with the Mayor or chief Warden and the other with the said Clerk IX Then one of the Clerks shall write an Obligation whereunto the Seal of the Debtor shall be put together with the Kings Seal provided for that purpose which Seal shall have two pieces whereof one part shall remain with the Mayor or chief Warden and the other with the aforesaid Clerk X. If the debt be not paid at the day upon the Merchants accompt the Mayor or chief Warden shall cause the Debtor to be imprisoned if he be Lay and in their power there to remain at his own costs untill he have agreed the debt And the Keeper of the Prison there shall receive him in pain to answer the debt himself or if he be not able he that committed the Prison to his keeping XI If the Debtor connot be found by the Mayor or chief Warden they shall send the Recognisance under the Kings Seal into the Chancery from whence shall issue a Writ to the Sheriff of the County where the Debtor is to take his body if he be Lay and safely to keep him in prison untill he agree the debt And within a quarter of a year after he is so taken his goods and lands shall be delivered unto him to the end he may pay the debt within which time the sale of his lands shall be good XII If he do not satisfie the debt within that quarter all his lands and goods shall be delivered to the Merchants by a reasonable extent to hold them untill the debt be wholly levied nevertheless his body shall still remain in Prison and the Merchant shall find him bread and water XIII The Merchant or his assigns shall have such Seisin in the said lands that he may maintain a Writ of Novel Disseisin if he be put out and a re-disseisin also as of a freehold to him and his assigns untill the debt be paid but when the debt is levied the body of the Debtor shall be delivered together with his lands XIV In the Writ awarded by the Chancellor the Sheriff shall be directed to certifie the Justices of one of the Benches at a certain day how he hath performed the service and then the Merchant shall sue before the said Justices if he be not satisfied XV. If the Sheriff make no return of the Writ or return a tardt or that he hath directed to the Bailiff of some Franchise the Justice shall proceed according to the Statute of Westminster 2. Chap. 39. which see in return of Sheriffs and Bailiffs XVI If the Sheriff return a Non est inventus or that he is a Clerk the Merchant shall have Writs to all the Sheriffs where he hath any land that they shall deliver him all the goods and lands of the Debtor by a reasonable extent to hold to him and his assigns in form aforesaid nevertheless he may also have a Writ to what Sheriff he will to take his body if he be Lay and to detain him in manner aforesaid and then the Keeper must answer the body or the debt but yet the Debtor may sell the lands so the Merchant be not damnified by the appraisement XVII Here the Merchant shall be always allowed their damages and all necessary and reasonable costs for their labours suits delays and expences XVIII If the Debtor have sureties the like course shall be taken against them as is above limited to be taken against the principal Debtor XIX All the lands in the hands of the Debtor at the time of the Recognisance acknowledged are chargeable in whose hands soever they come afterwards but after the debt satissied they shall return to the Grantees as also the rest to the debtor XX. If the debtor or his sureties die he Merchant shall not take the body of his heir but shall have his lands as aforesaid if he be of age or at his full age untill he hath levied his debr XXI There shall be also another Seal provided that shall serve for Fairs and shall be sent to every Fair under the Kings Seal by a Clerk sworn or by a keeper of the Fair. XXII Of the Communalty of London there shall betwo Merchants chosen and sworn and the Seal shall be opened before them whereof one piece shall be delivered to the said Merchants and the other shall remain with the Clerk XXIII Before these Merchants or one of them the Recognisances shall be taken and before they be enrolled the pain of the Statute shall be openly read before the Debtor that he may not afterwards excuse himself by ignorance of the said pain XXIV For the Clerks maintenance the King shall take a peny for every pound where the Seal is except in Fairs and there peny half peny XXV This Act shall be from henceforth observed throughout England and Ireland between any that will make Recognisances except Jews to whom it dothnot extend XXVI By this Statute the Writ of Debt shall not be abated neither shall the Chancellor Justice of either Bench or Justices Errants be hereby estopped to take recognisances of debts before them acknowledged and to issue execution thereupon as hath heretofore been used XXVII Breve fundatum super Statutum praedictum Rex Vic. salutem Quia coram tali Majore vel Custode talis villae vel coram Custode sigilli nostri de Mercatoribus in nundinis de tali loco tali clerico nostro A. Recognovit debere B. tantum quod solvisse debuit tall die tali anno quod idem B. Nondum solvit ut dicit Tibi praecipimus quod corpus praedicti A. si laicus sil capias in prisona nostra salio custedirifacias quousque de praedicto debito satisfecerit qualiter hoc praeceptum nostrum fueris exccutus scire facias Justiciariis nostris apud Westm per literas tuas sigillatas babeas ibi hoc breve Teste c. XXVIII Stat. 14 E. 3.11 The Clerk of the Statute shall be resident upon his Office and shall have lands sufficient in the same County whereof he may answer to all persons if he offend XXIX Stat. 8 R. 2.4 No Judge or Clerk shall make any false entry of Pleas rase any Roll or change any Verdict in pain to be punished by fine and ransome at the Kings will XXX Stat. 5 H. 4.12 When a Statute-Merchant hath been certified into the Chancery and
be personally resident and abiding upon his said Dignity Prebend or Benefice or at one of them at least in pain to forfeit for not being so resident by the space of a month together or of two months to be accounted at several times in any one year the sum of 10 l. to be divided betwixt the King and the Prosecutor XVIII None shall obtain from Rome or elswhere any license or dispensation to be non-resident in pain of 20 l. to be forfeited as aforesaid XIX Howbeit this Act shall not extend to any Spiritual person being in the Kings service beyond Sea or upon a pilgrimage beyond Sea during the time that he shall be so in the Kings service or upon the said Pilgrimage nor to any Schollar abiding for study without fraud at any University within this Realm nor to any of the King or Queens Chaplains in Ordinary neither yet to any of the other abovesaid Chaplains which shall daily attend in their Lords or Masters housholds so long as they so attend without fraud nor to the Master of the Rolls Dean of the Arches the Chancellor or Commissary of any Arch-bishop or Bishop the twelve Masters of the Chancery or the twelve Advocates of the Arches being Clergy men so long as they execute their Offices or places nor to any Spiritual person compelled by the injunction of Lord Chancellor or the Kings Council to daily appearance to answer the Law so long as he shall be so enjoyned XX. Also a Spiritual person being the Kings Chaplain may accept of the Kings gift any Benefices to what number soever without the incurring the penalty of this Act and the King may also license his Chaplains for non-residence upon their Benefices notwithstanding this Act. XXI No Spiritual person shall take in farm any Parsonage or Vicarage in pain to forfeit 40 s. for every week that he or any other for his use so occupies the same and also ten times the value of the profit or rent that he makes thereof both which forfeitures are to be divided betwixt the King and the Prosecutor XXII Provided that no Deanary Archdeaconry Chancellorship Treasurership Chantership or Prebend in any Cathedral or Collegiat Church nor Parsonage that hath a Vicar indowed nor any Benefice perpetually appropriate shall be taken to be a Benefice with Cure of Souls XXIII No spiritual person or any other for his use shall keep any Tan-house or Brew-house in pain to forfeit for every month so using the same 10 l. to be divided as aforesaid Howbeit he may here have a Brewhouse for his own private use XXIV Every Dutchess Marquess Countess or Baroness Widows shall retain their priviledges concerning Chaplains notwithstanding their intermarriages with other persons of a lower degree XXV All Spiritual persons having possessions in right of their houses above the value of 800 marks may keep so much thereof as shall be necessary for the maintenance of their housholds notwithstanding this Act Or may take a dwelling-house with Orchards and Gardens for their dwelling so as by colour thereof they take not liberty to be non-resident XXVI Stat. 25. H 8.16 Every Judg of the Kings Bench and Common Pleas the Chancellor and Chief Baron of the Exchequer and the Kings Attorney and Sollicitor General may each of them have one Chaplain to be attendant to his person having one Benefice with Cure who may be non-resident upon the same XXVII Stat. 28 H. 8.13 Every Spiritual person above the age of fourty years being Beneficed the Chancellor Vice-Chancellor Commissary Rulers of Colledges or Halls Doctors of the Chair and Readers of Divinity in either of the Universities only excepted shall be resident upon one of their Benefices according to the Statute of 21 H. 8.13 upon the pain therein provided for non-residence XXVIII Also every Beneficed person under the age of fourty years abiding in either of the Universities shall not enjoy the priviledg of non-residence provided by the said Statute of 21 H. 8. unless he be present at ordinary Lectures both in the House and Schools and in proper person perform his exercises according to the Statutes of the University where he so abides XXIX This Statute shall not extend to any Reader of any publick Lecture in Divinity Law Civil Physick Philosophy Humanity or any of the liberal Sciences nor to Interpreters or Teachers of the Hebrew Chaldee or Greek Tongues in either of the Universities nor yet to any person who shall repair thither to proceed Doctor in Divinity Law or Physick for the time of their proceedings there according to the Statutes of the said Universities XXX Stat. 33 H. 8.28 The Chancellors of the Courts of the Dutchy of Lancaster Augmentations and First-fruits the Master of the Wards every of the Kings Surveyors General the Treasurers of the Kings Chamber and the said Court of Augmentations and the Groom of the Kings stool may each of them retain one Chaplain to be attendant to his person having one Benefice with cure who may be non-resident upon the same Howbeit every such Chaplain shall at least twice every year repair to his Benefice and abide there eight dayes at every such time to visit and instruct his Cure in pain to forfeit every time so failing 40 s. to be divided betwixt the King and the Prosecutor Restitution I. Stat. 21 H. 8.11 Where a Felon robbeth or taketh away the money or goods of any and is thereof found guilty or otherwise attainted by the evidence given by the party himself or others by his procurement in this case the Justices of Goal-delivery or other Justices before whom he is so found guilty or attainted have power to award a Writ of Restitution for the money or goods so robbed or taken in like manner as if the Felon were attainted at the suit of the party in appeal Return of Sheriffs and Bailiffs I. West 2.39 13 E. 1. Such as do fear the ill execution of Writs by the Sheriff shall deliver their Writs unto him in opâ—â— County or in the rere-County and shall take of him or his under-Sheriff a Bill containing the names of the demandants and tenants mentioned in the Writ and require the Sheriff or under-Sheriff to put the seal thereunto and mention shall be therein also made of the day of the deliverance thereof and if the Sheriff or under-Sheriff refuse to do it the testimony of Knights and other credible persons there present do put their seals to such Bill shall be taken II. If the Sheriff will not return Writs delivered unto him upon complaint thereof to the Justices a judicial Writ shall issue to the Justices of Assize to inquire by such as were so present whether they knew of the deliverance thereof and an Enquest shall be thereupon returned and if it be found by them that the writ was delivered damages shall be awarded to the Plaintiff or Demandant having respect to the quality and quantity of the Action and the peril he might incur by reason of such delay And
this is to prevent a return of the Sheriff by tarde III. And for that the Sheriff sometime returns a Mandavi Ballivo of a Liberty where there is none such the Treasurer of the Exchequer shall deliver to the Justices in a Roll all Liberties in every County that have return of Writs and if the Sheriff return a Mandavi Ballivo of a Liberty not contained in the said Roll he shall be punished as a disheritor of the King and his Crown And if he return a Mandavi Ballivo of a liberty that hath return he shall have a Non omittas propter aliquam libertatem to do it and shall be commanded to warn the Bailiffs thereof to be ready at a day to be named in the Writ to answer why they did not execute the Kings Precept when if they come and acquaint themselves that no return was made to them the Sheriff shall be condemned to the Lord of the Liberty and also to render damages to the party grieved by such delay But if the Bailiffs appear not or do not acquit themselves as aforesaid in every Judicial writ so long as the Plea hangeth the Sheriff shall have a Non omittas c. IV. As concerning the Sheriffs return of issues if the Plaintiff demand Oyer of the Sheriffs return it shall be granted him and if heaver that the Sheriff might have returned greater issues unto the King he shall have a writ Judicial unto the Justices of Assize to enquire in the presence of the Sheriff if he will be there what issues the Sheriff might have returned from the Teste to the return of the Writ And when the Enquest is returned if he have not before answered the whole he shall be charged with the Overplus by estreats out of the Exchequer and beside shall be grievously amerced for the Concealment And here rents corn in the grange and all movables except Horse harness and houshold-stuff are imprisoned under the name of Issues V. The King commands that Sheriffs shall be punished by the Justices once or twice if need be for such false returns Howbeit with the third offence none shall meddle but the King VI. The Sheriff must beware of returning a rescue for such answers tend much to the dishonour of the King But when the Bailiffs testifie such resistance forthwith the Sheriff all other business laid aside taking with him the Posse Comitatus he shall go in proper person to do execution and if he find his under Bailiffs false he shall punish them by imprisonment but if not he shall imprison the resisters from whence they shall not be enlarged without the Kings special command VII Also in case of resistance the Sheriff shall certifie the Court of the names of resisters their Aiders Consenters Commanders and Favourers and by a Writ Judicial they shall be attached by their bodies to appear in Court where if they be convict they shall be punished at the Kings pleasure See this Statute confirmed in Art Sup. Chartas 16. 28 E. 1. VIII Stat. 12 E. 2.5 An Indenture shall be made between the Sheriff and Bailiff of a Franchise under their names of every return delivered by the Bailiff to the Sheriff and if the Sheriff change the return so delivered and be thereof convict he shall be punished by the King and yield to the Lord of the Liberty and to the party grieved double damages IX Sheriffs and Bailiffs shall set their names to their returns in pain to be grievously amerced to the Kings use X. Stat. 2 E. 3.5 At what time and place in the County a man delivereth a Writ to the Sheriff or Under-Sheriff they shall receive the same and make him a Bill according to the Statute of Westm 2.39 without taking any thing for the same and if they refuse to make such a Bill others there present shall set to their seals and if the Sheriff or Under-Sheriff return not such Writs they shall be punished according to the said Statute Also the said Justices of Assize shall have power to enquire thereof and to award damages having respect to the delay and likewise to the loss and damage that might happen Revenue See Title King Richmond I. Stat. 26 H. 15. A Statute shewing what duties Spiritual persons Beneficed in the Arch-deaconry of Richmond shall take after the decease of any person there Rie and Winchelsey I. Stat. 2 E. 6.30 An Act was made against Ballast to be cast into the Channell there Right I. Magna Carta 24. 9 H. 3. The Writ called Praecipe in Capite shall be granted to no man upon any Free-hold whereby any Freeman may lose his Court. ☞ Riots Routs and unlawful Assemblies I. Stat. 27 R. 2.8 The Sheriffs and all other the Kings Officers shall suppress Rioters and imprison them and all other offending against the Peace ☞ II. Stat. 13 H. 4.7 The Justices of Peace or two of them at least together with the Sheriff or Under-Sheriff shall by the power of the County suppress Riots Routs and unlawful Assemblies arrest the offenders and record what shall be done By which Record of the said Justices and Sheriff or Under-Sheriff the offenders shall stand convict as by the Statute of 15 R. 2.2 in case of Forcible Entries which see in Force and if the offenders be departed the said Justices and Sheriff or Under-Sheriff shall within a month after make enquiry thereof and hear and determine the same according to Law III. If upon such enquiry the truth cannot be discovered in manner aforesaid then shall the said Officers within one month after such enquiry certifie the fault together with the circumstances thereof unto the King and his Council which certificate of theirs shall be in the nature of a presentment by twelve whereupon the offenders shall be brought to answer and those that be found guilty shall be punished at the discretion of the King and his Councill IV. If the offenders traverse the said Certificate then that together with the Traverse shall be sent into the Kings Bench there to be tried V. If the offenders upon the first Precept do not appear before the Council or in the Kings Bench a second Precept shall issue forth upon which if they cannot be found or within three Weeks after Proclamation made against them in the next County Court after the delivery of the second Precept they do not make their appearance before the Council in the Kings Bench or in the Chancery in vacation-time upon return of the said Proclamation they shall stand convict and attainted of the offence committed VI. Justices of Peace dwelling near the place where such Officers shall be committed and Justices of Assize for the time they shall be in their Sessions in case any be then committed shall d◠execution of this Act in pain of 100 l. ☞ VII Stat. 2 H. 5.8 If default be found in the Justices of Peace or Assize or in the Sheriff or Under-Sheriff touching the execution of 13 H. 4.7 at the instance
of the party grieved the Kings Commission shall go out to enquire as well of the truth of the case and original matter as of the defaults aforesaid directed to sufficient men of the County at the discretion of the Lord Chancellor which Commissioners shall presently return into the Chancery the Enquests and matters before them found VIII Here during the Sheriffs or Under-Sheriffs remaining in his Office the Coroners shall impanell the Jury each of them having lands worth 10 l. per annum at least and upon each of which for making default the Coroners shall return Issues viz. for the first day 20 s. for the second 40 s. for the third 5 l. and for every day after double And all this the Coroner shall do in pain of 40 l. But in case the Sheriff or Under-Sheriff reputed in default be discharged of their Office the new Sheriff shall do that which the Coroners are above enjoyned to do and shall incur like penalty if they therein make default IX The Lord Chancellor upon knowledg of any such offence shall send the Kings Writ to the Justices of Peace Sheriff and Under-Sheriff of the same County to put the said Statute of 13 H 4.7 in execution upon the pain therein contained But although no such Writ be sent yet shall they not be excused of the said pain if they make no execution of the same Statute X. A Riot c. shall be repressed and enquired of at the Kings charge which the Sheriff shall disburse by Indenture betwixt the Justices of Peace and him and shall be answered him again upon his accompt in the Exchequer XI Persons guilty of heynous Riots shall suffer one whole years imprisonment without bail but petty Rioters shall be imprisoned as shall seem best to the King and his Council And greater fines shall be set upon Rioters then in time past in aid and supportation of the Justices and other Officers in that behalf XII All the Kings Liege People upon warning shall be assistant to the Justices Commissioners Sheriff and Under-Sheriff aforesaid upon pain of imprisonment and to make fine and ransome to the King XIII Bailiffs of Franchises shall cause sufficient men to be impanelled upon such Enquests if any such be found within their Liberties And the Ordinances and Pains aforesaid shall extend to Corporations and Liberties where they have Justices of Peace within themselyes XIV Stat. 2 H. 5.9 Upon a Bill of complaint for any Riot c. preferred by the party grieved to the Lord Chancellor for the time being together with a suggestion testifying the same under the seals of two Justices of Peace and the Sheriff of the County the said Lord Chancellor shall send forth a Capias returnable in the Chancery at a certain day by which if the parties offending or any of them be taken they shall be committed to ward or let to mainprise at the discretion of the said Lord Chancellor and shall be proceeded against as the Law requireth But if the Sheriff return Nonest inventus a Writ of Proclamation to be proclaimed two County-Court days shall go out returnable in the Kings Bench at a certain day before which if they render not themselves they shall be adjudged convict and attainted of the offence suggested XV. If the offence be committed within the County Palatine of Lancaster or other Franchise where there is a Chancellor and Seal The Lord Chancellor of England shall send a Writ to the said Chancellor commanding him to make such execution as in this Act is comprised ☞ XVI Stat. 8 H. 6.14 Two Justices of Peace of the Counties where Riots are supposed to be committed shall testifie that the common fame runneth in the same Counties of the same Riots before Capias shall be awarded according to the Statute of 2 H. 5.9 XVII If the offence be committed within a Liberty where there is a Chancellor and a Seal upon information of the Riot c. from a Justice of Peace and Sheriff there the said Chancellor hath power to award Writs of Capias and Proclamation as the Chancellor of England hath * XVIII Stat. 19 H. 7 13. If any Riot c. be committed the Sheriff upon a Precept directed unto him shall return 24 persons whereof every one shall have Freehold within the same County worth 20 s. per annum or Copyhold worth 26 s. 8 d. per annum or Copyhold and Freehold together worth 26 s. 8 d. per annum for to enquire of the said Riot c. And shall return issues upon every Juror making default viz. for the first day 20 s. and for the second 20 s. and all this the Sheriff shall do in pain of 20 l. XIX If the said Riot c. be found by reason of any maintenance or embracery of the said Jurors then shall the Justices and Sheriff or Under-Sheriff besides the certificate they are to make according to the Statute of 13 H. 4.7 certifie the name of such maintainers and embracers together with their misdemeanors in pain to forfeit 20 l. a piece which certificate shall have like force of proving the offence as a Verdict of 12 men And then such maintainers and embracers shall forfeit 20 l. a piece and remain in prison at the discretion of the Justices ☞ Robberies I. Stat. West 1. 9 E. 6.1 All persons shall be ready at the summons of the Sheriff and cry of the Countrey to pursue and arrest Felons in pain after attainder thereof to make Fine to the King II. If default be in the Lord of a Franchise the King shall feiz his Franchise but if in his Bailiff the Bailiff shall be imprisoned for a year and make fine to the King and if he have not whereof he shall suffer two years imprisonment III. If the Sheriff Coroner or other Bailiff for any reward fear or favour conceal consent to or procure to conceal any Felonies done within their Liberties or will not attach or arrest them where they may and be thereof attainted they shall suffer one years imprisonment and be grievously fined to the King if they have whereof but if not they shall suffer three years imprisonment IV. The Stat of Winchester Cap 1. 13 E. 1. Immediately upon Robberies and Felonies committed fresh suit shall be made from Town to Town and from Country to Country V. Cap. 2. When need requires Enquests shall be made in Towns by the Lord there and then in the Hundred after in the County and sometime in two three or four Counties when the felony is committed in the division of Counties Here if the Country will not answer the bodies of the offenders the people there shall be answerable for all the Robberies done and also for the damages So as the whole Hundred where the Robberies are done together with the Liberties therein shall be answerable for the Robberies there committed And if they be done in the division of two Hundreds both Hundreds together with their Franchises shall answer them And here
the King by Commission under the Great Seal so as the Popes power shall be quite excluded from all such Visitations neither shall any Religious persons from henceforth depart this Realm for any Visitation Congregation or Assembly whatsoever but all such meetings shall be hereafter within the Kings Dominions XXIV Howbeit this Act nor any License or Dispensation to be granted thereby shall derogate the Statute of 21 H. 8.13 touching Pluralities of Benefices or Non-residence XXV Whosoever sues for any License Dispensatson c. to the See of Rome or obeys any Process from thence shall incur a Praemunire but this is made Treason by 13 Eâ— 2. XXVI Grants and Confirmations of liberties obtained from the See of Rome to any Abbeys or other Religious Houses shall be of the fame effect as they were before this Act. XXVII Abbeys nor other places exempt shall pay any Pensions to the See of Rome nor accept any Dispensation or Confirmation from thence nor make any oath to the Bishop thereof and where no such Confirmation was requisite they shall still remain as before notwithstanding this Act. XXVIII Dispensations obtained at Rome before the 12th of March 1533. shall remain of the force that they had before this Act. XXIX The King with the advice of his Council may reform the manner of Indulgences Safe Conducts I. Stat. 15 H. 6.3 IN all Safe Conducts the name of them of the Ship and of the Master and the number of the Mariners together with the Portage of the Ship shall be expressed II. Stat. 18 H. 6.8 Goods may be loaded into the Ships of the Kings Enemies so as the Merchant hath an Authentique safe Conduct for them otherwise they may be made prize by any that can take them III. Stat. 20 H. 6.1 All Letters of safe Conduct which be not enrolled in the Chancery before the delivery of them shall be void IV. They who will take benefit of the Kings safe Conduct shall have it ready enrolled at the time of their apprehension Howbeit although the safe Conduct be not presently shewed yet it will suffice if it be afterwards proved to be then enrolled Saint Johns I. Stat. 32 H. 8.24 By this Act the Corporation of Saint Johns of Jerusalem in England and Ireland was dissolved and the Priors and Confreres thereof prohibited to wear the Mark c. II. The King was to have their Houses Churches Lands Goods Chattels Debts and all other things of theirs There be also divers Pensions appointed severally to the Priors Chaplains and Confreres of that Order to continue during their lives III. All of that Order are discharged from obedience for their Religion and also enabled to sue and to take and have liberty as other Religious persons were enabled by 31 H. 8.6 which see in Ability Likewise their lands are to be within the survey of the Court of Augmentations Scarborough I. Stat. 37 H. 8.14 An Act for the incorporating of two persons by the name of the Masters or Keepers of the Peer and Key at Scarborough who have power to distrain every man having lands or houses there for the fifth part of the yearly revenue thereof towards the repair of the said Peer and Key See the Statute at large Sea I. Stat. 18 E. 3. Stat. 1.3 The Sea shall be open to all Merchants to pass with their Merchandize where they please Seals I. Artic. sup Chart. Cap. 6. 28 E. 1. No Writ concerning the Common Law shall be awarded under any of the petty Seals II. Stat. 11 R. 2.10 The Kings Signet or Privy Seal shall not be sent in prejudice of the Realm or disturbance of the Law III. Stat. 4 H. 7.14 All Grants and Writings of Lands and other things pertaining to the Earldom of March shall be under the Great Seal and not under the special Seal Serjeants at Arms. I. Stat. 13 R. 2.6 There shall be but thirty Serjeants at Arms who shall meddle with nothing but what concerns their Offices neither shall they oppress the people in pain to lose their Office make fine to the King at his pleasure and full satisfaction to the party ☞ Service and Sacraments * I. Stat. 1 E. 6.1 None shall speak or do any thing in contempt of the most Holy Sacrament in pain of imprisonment and to make fine and ransom at the Kings Will. II. Three Justices of Peace 1. Qu. have power to take information by the Oaths of two lawful persons at least concerning the offence aforesaid and to bind over by Recognizance every accuser and witness in 5 l. a piece to appear at the next Sessions to give evidence against the offenders who are there to be enquired of before three Justices or more by the oaths of twelve men and also indicted if the matter alledged against them be found true III. Three Justices or more have likewise power to send out two writs Capias and Exigent and a Capias Utlegat against such offenders in all Counties and Liberties and upon their appearance to determine the contempts and offences aforesaid or to take bail for their appearance to be tried as aforesaid IV. The Justices also have power to direct a Writ in the Kings Name to the Bishop of the Diocess where the offence was committed by which he shall be required to be present himself or some for him sufficiently learned at the arraignment of the offender and to give advice concerning the offence committed V. The offence shall be prosecuted within three moneths and the offender shall be admitted to produce Witnesses for his defence VI. The Minister shall deliver the Sacrament to every person in both kinds and shall not without lawful cause deny it to any that will devoutly and humbly desire it VII Stat. 2. 3 E. 6.1 Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by this Act And shall not use any other or deprave the same in pain if he be Beneficed and convict thereof by the Verdict of twelve men his own confession or notorious evidence of the fact to forfeit to the King for the first offence that of his Benefices which the King will choose and to suffer six months imprisonment for the second to suffer one whole years imprisonment and to be deprived ipso facto of all his spiritual promotion whereupon every Patron may present and for the third to suffer imprisonment during life And if he be not Beneficed for the first offence he shall suffer six months imprisonment and for the second imprisonment during life VII If any shall be convicted to have by Enterludes Playes â—ongs rhymes or otherwise depraved the said books as to have compelled or procured the Minister to sing or say any other Church-service or in any other form then as aforesaid or by any such means 〈◊〉 have interrupted or let the Minister to sing or say the said Service thâ—â— shall for the first offence forfeit 10 l. to the King or that not paid within
King and his people ☞ XXX Stat. 1 H. 4.11 Because Sheriffs did much oppress the people for that they were charged with the ancient farms of the Counties whereof a great part had been granted to Lords and others hereafter the Sheriffs upon their accounts in the Exchequer shall have allowance by their oaths of the issues of their Counties And if from henceforth any Sheriff extort upon the people and be thereof attainted he shall be punished at the Kings will XXXI Stat. 4 H. 4.4 Every Sheriff of England serra demurrant shall abide in proper person within his Bailiwick for the time that he shall be such Officer He shall not let his Bailiwick to farm And he shall be sworn to do the same in special amongst other Articles comprised in his Oath XXXII Stat. 1 H. 5.4 They who have been Sheriffs Bailiffs for one year shall not bear that Office by three years next following except in Sherifwicks inheritable XXXIII No Under-Sheriff Sheriffs Clerks Receiver or Sheriffs Bailiff shall be Attorney in any of the Kings Courts so long as he bears such Office under the Sheriff XXXIV Stat. 4 H. 5.2 Sheriffs of England shall have allowance upon their accompts by their oaths of things casual as of estreats that be not in farm or demand but for all things that run in yearly farms or demands they shall be charged to the King as in times past XXXV Stat. 23 H. 6.8 The Statute of 14 E. 3.7 42 E. 3.9 and 1 R. 2.11 shall be duly observed except by Officers in London and where any hath freehold or inheritance in the Sheriffs Office XXXVI No Sheriff or any of his under-officers except before excepted shall act contrary to the said Statutes in pain to forfeit yearly 200 l. and every pardon granted them in that behalf or for the said forfeiture and every Patent made for that purpose shall be void notwithstanding the clause or word of non obâ—tante be inserted in any of them And whosoever shall hereafter act by any such Patents shall be for ever after disabled to bear the Office of Sheriff in England XXXVII The forfeiture abovesaid is to be divided betwixt the King and the prosecutor ☞ XXVVIII Stat. 23 H. 6.10 No Sheriff shall let to farm his County or Bailiwick neither shall he his Under-Sheriff or any other Bailiff return upon Enquest any Bailiff Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save only the fees that follow viz. for the Sheriff 20 d. for the Bailiff that makes the Arrest 4 d. and for the Goaler when the party is committed 4 d. Neither shall any Sheriff Under-Sheriff Sheriffs Clerk Steward or Bailiff of Franchise servant Bailiff or Coroner take above 4 d. for the copy of a Pannel XXXIX Sheriffs and other Officers shall let to â—bail persons by them arrested upon reasonable sureties having sufficient within the County persons in Ward by condemnation exemption Capias utlagatum or excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted XL. The said Officers shall take no bond of any Arrested person but for appearance and to themselves only and shall not take for it more then 4 d. and Bonds otherwise taken colore officii shall be void XLI Sheriffs shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto him XLII Sheriffs Under-Sheriffs Clerks Bailiffs Goalers Coroners Stewards Bailiffs of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40 l. to be divided betwixt the King and the prosecutor XLIII Justices of Assize of both the Benches and of Peace have power to hear and determime such offences XLIV If the Sheriff return a Cepi Corpus or Reddidit se he shall be chargable to have the body of the party ready at that day of the return mentioned in the Writ XLV The Warden of the Fleet or of the Goal of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XLVI Stat. 1 E. 4.2 Sheriffs shall deliver all indictments and presentments taken in their turns unto the Justices of Peace at their next Sessions in pain of 40 l. who shall arreign deliver make Process and proceed thereupon as if they were taken before them and shall deliver indented estreats of the fines to the Sheriff to be levied to his own use And here if the Sheriff levy any fine or commit any to prison by colour of any such indictment or presentment or otherwise then by Warrant from the Justices as aforesaid shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had fines formerly granted unto them XLVII Stat. 12. E. 4.1 If a Sheriff execute or return any Writ Precept or Warrant into any of the Kings Courts in Michaelmas-Term after the sixth day of November being commonly the day of the date of their Patent and before any Writ of Discharge is delivered unto him he shall not thereby incur the penalty of 200 l. ordained by the Statute of 23 H. 6.8 Albeit he doth execute his Office after the returns of Crastino Martini Octabis Martini Quindena Martini after his year is out XLVIII Stat. 17. E. 4.6 Every old Sheriff may execute his Office during Michaelmas and Hillary Terms if he have not before a Writ of discharge without danger of incurring any forfeiture or pain in respect thereof ☞ XLIX Stat. 11. H. 7.15 No Sheriff Under-sheriff or Sheriffs Clerks shall enter into the County-Court any plaint in the absence of the Plaintiff or his Atturney nor have above one plaint for one Cause in pain of 40 s. to be divided betwixt the King and the prosecutor L. A Justice of Peace upon complaint made hath power to examine the abovesaid Officers and Plaintiff concerning the premises and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in pain of 40 s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40 s. without further enquirie LI. The Defendant in the County-Court shall have lawful summons and if the Bailiff be therein found faulty he shall forfeit 40 s. And here also examination and Certificate shall be made by a Justice of Peace as aforesaid LII Before the Sheriff issue forth any Estreats out of the County-Court two Justices of Peace 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriff one of them shall remain with the Justices and the other with the Sheriff and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in pain of 4â— s. who may be convict of that offence by the examination of one
attainted of Treason so long as the attainder continues in force XXVI Stat. 1 M. Sess 1. No Act or offence shall be adjudged Treason petty Treason or misprision of Treason but such as be declared to be so by 25 E. 3. Stat. 5. cap. 2. XXVII Stat. 1 M. Sess 2.6 To counterfeit any forreign coin made currant in this Realm or the Queens Signet Manuall privy Signet or privy Seal shall be adjudged High Treason And all counsellors procurers and abettors thereunto shall also be deemed Traytors XXVIII Stat. 1 2 P. M. 10. Tryal of Treason shall be according to the course of the Common Law and not otherwise XXIX The right of all others is saved XXX Concealment of High Treason shall be adjudged misprision of Treason and shall incur punishment accordingly XXXI Also in cases of High Treason concerning coin and for counterfeiting the King or Queens Signet privy Seal Great Seal or Signet Manual such tryal shall be observed as heretofore hath been used by the Common Law XXXII Stat. 1 2 P. M. 11. If any person bring from beyond Sea into this Realm or any of the Dominions thereof any false and counterfeit coin of money allowed to be currant in this Realm knowing it to be so with intent to utter the same here by Merchandizing or otherwise both he and his accessaries shall be adjudged offenders in High Treason and shall be adjudged and convicted or attainted for the same by such evidence and in such form as hath been used within this Realm before the first of E. 6. XXXIII Stat. 5 El. 11. Clipping washing rounding or filing for lucre sake any of the proper moneys or Coins of this Realm or the Dominions thereof or of forreign Moneys or Coins allowed to be currant here shall be adjudged High Treason and the offender herein together with his accessaries being thereof attainted shall suffer death forfeit all his goods and his lands also during life XXXIV They who have any grant of forfeitures of lands or goods within any Liberty or Precinct shall in this case also enjoy them XXXV These offences make no corruption of bloud nor forfeiture of Dower And here tryal of a Peer shall be by his Peers XXXVI Stat. 18 El. 1. If any person shall for lucre sake by any wayes or means whatsoever impair diminish falsify scale or lighten the Coins of these Dominions or the Coins of any other Realms allowed to be currant here during the time they are so allowed it shall be adjudged Treason and the offenders therein their Counsellors Consentors and Aiders shall suffer death forfeit all their goods and chattells and their lands also during life XXXVII Howbeit this offence shall cause no corruption of bloud or forfeiture of Dower and the tryal of a Peer shall be by this Peers XXXVIII Stat. 29 El. 1. No Record of Attainder of Treason shall be reversed where the party attainted is executed for the same offence XXXIX Stat. 13 Car. 2. cap. 1. It shall be Treason in any persons whatsoever during the Kings life within the Realm or without to compass imagine invent devise or intend death or destruction or any bodily harm tending to death or destruction maim or wounding imprisonment or restraint of the person of the King or to deprive or depose him from the stile honour or Kingly name of the Imperial Crown of this Realm or of any other his Dominions or Countries or to levy War against him within or without the Realm or to move or stir any forreiner or stranger with force to invade this Realm or any other the Kings Dominions or Countreyes being under his obeysance And such compassings Imaginations Inventions Devices or Intentions that any of them shall express utter or declare by any Printing Writing Preaching or Malitious advised speaking being legally convicted thereof upon the oaths of two lawful and credible Witnesses upon Tryal or otherwise convicted or attainted by due course of Law Every such person shall be adjudged a Traytor and suffer pains of death and forfeit as in cases of Treason Vide Title King Numb VII XL. Stat. 12 Car. 2. cap. 30. Oliver Cromwell deceased Henry Ireton deceased John Bradshaw deceased and others attainted of High Treason for the horrid Murther of King Charles the first Vide the Act at large XLI Stat. 13 Car. 2. cap. 15. The pains Penalties and forfeitures imposed upon the Estates and persons of certain notorious offenders excepted out of the Act of Free and General Pardon Indempnity and Oblivion Trespass I. The Statute of Glocester Cap. 8. 6 E. 1. Sheriffs shall plead pleas of Trespass in their Counties as they have been accustomed to be pleaded II. None shall have Writs of Trespass before Justices unless he swear by his faith that the goods taken away were worth 40 s. at least III. If he complain of beating he shall answer by his faith that his plaint is true but for maims and wounds a man shall have his Writ as before hath been used IV. The Defendants in such pleas may make their Attorneys where Appeal lyeth not so that if they be attainted of Trespass being absent the Sheriffs shall be commanded to take them and they shall incur like pain as they should have had if they had been present at the Judgment given V. If the Plaintiffs in such Trespasses cause themselves to be Essoined after the first appearance day shall be given them till the coming of the Justices and the Defendants in the mean time shall be in peace VI. In such pleas and others where attachments and distresses do lye if the Defendant Essoin himself of the Kings service and do not bring his warrant at the day given by the Essoin he shall recompence the Plaintiffs damages for his Journey 20 s. or more at the discretion of the Justices and besides shall be grievously amerced to the King VII Stat. 43 El. 7. If any shall be convicted by his own confession or by the Testimony of one Witness upon Oath before one Justice of Peace or Head-Officer to have unlawfully cut and taken away any grain growing robbed any Orehard or Garden digged up or taken away any Fruit-Trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or Head-Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the Order then shall the said offender be by them or either of them respectively committed to the Constable or other Officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping VIII The Constable or other
III. Stat. 9 R. 2.2 Because divers Villeins and Neifs did fly to London and other enfranchised places and there did feign divers suits against their Lords with intent to make themselves free by their Lords answers it was ordained that from henceforth no Lord should be barred of his Villein because of his answer in Law Union and severing of Churches I. Stat. 37 H. 8.21 An Union or Consolidation of two Churches in one or of a Church and a Chappel in one the one of them not being above the yearly value of 6 l. in the Kings books nor distant from the other above a mile may be had and made by the assent of the Ordinary the Incumbents and all such as have a just right title and interest to the Patronages thereof being of full age And all such Union and Consolidation shall remain as good in Law as if it had been so declared by writing under the seals of such Ordinary Incumbents and Patrons II. All such Unions heretofore made are confirmed Howbeit the Kings tenths and First-Fruits of such Churches and Chappels already or hereafter to be so consolidated are saved III. Such consolidations shall not be in Corporate Towns without the consent of the Magistrates thereof declared in writing under their Common Seal IV. Provided that where the Inhabitants of any such Parish or the more part of them within a year after such Union by their writing sufficient in Law shall assure the Incumbent there and his successors so much money yearly which together with the value thereof in the Kings books shall amount to 8 l. that then such union shall be void Howbeit this proviso shall not extend to any such Union made before this Statute V. Stat. 1 E. 6.9 An Act for uniting certain Churches in York with divers clauses concerning that matter VI. Stat. 1 M. Parl. 1.14 An Act for re-edifying the Church of St. Ellens in Stangate in York which was demolished by the former Statute See these Statutes at large Universities I. Stat. 2 3 P. M. 15. No Purveyor Taker Badger Loader or other Minister shall take or Bargain for any Victual or Grain in the Markets of Oxford or Cambridg or in any part of the said City and Town or within five miles compass of either of them without the consent of the owner nor shall take away or bargain for any such commodity bought or provided within the said five miles by any common Minister of any Colledg or Hall there to be spent in such Colledg or Hall in pain to forfeit the quadruple value thereof and to suffer three Monthes imprisonment without bail II. The Chancellor or Vice-Chancellor or his Commissary in either of the said Universities with two Justices of Peace of the County adjacent have power to inquire hear and determine the said offences III. The forfeitures shall be divided betwixt the University where such offence is committed and the prosecutor and may be recovered in any Court of Record or before the said Chancellor Vice-Chancellor or Commissary and two Justices IV. This Act shall be suspended during the Queens presence her Heirs and Successors or within seven miles distance therefrom V. The Liberties of the Mayors Bailiffs and Communalties of Oxford and Cambridg are saved * VII Stat. 13 El. 21. No Purveyor Taker Badger Loader Poulterer or other Minister of the Queen her heirs and successors shall take or Bargain for any grain or other victual in either of the said Universities nor within the compass of five miles from either of them without licence of either of the said Chancellors or Vice-Chancellors in writing under the seal of their Office and not otherwise then as in the said licence is expressed and so as the same give unto them no further power then they may lawfully use in other parts of the Countrey without the said five miles neither shall they take away or bargain for any such commodity bought and provided for any Colledg or Hall to be spent within the same without such licence as aforesaid upon such pains and forfeitures as by the Statute of 2 3 P. M. 15. are ordained and to like uses as are therein limited VII The said Chancellors or Vice-Chancellors with two Justices of Peace of the Universities City Town or County shall inquire hear and determine the said offences as by the Statute of 2.3 P. M. is appointed VIII If any person within the said five miles refuse to serve the Universities then it shall be lawful for the Queens Purveyors to provide for the Queens use any corn or victual of any such person within the said five miles as shall be declared to the said Purveyors to be persons not worthy of the said priviledge for not serving the Universities by the Chancellor or Vice-Chancellor with the consent of two such Justices as aforesaid under the hands and seals of the said Chancellor or Vice-Chancellor and two Justices in such sort as the said Purveyors lawfully may in any other place without the said five miles and not otherwise IX This Act shall be in suspence during the Queens presence there or within seven miles distance X. The Liberties of the Majors Bailiffs and Communalties of Oxford and Cambridge are saved Voucher I. Marlbr 29. 52 H. 3. None vouched to Warranty before Justices in Eyre in plea of land shall be amerced because he was not present when he was vouched except it be the first day of the comming of the Justices but if the party be within the County the Sheriff shall cause him to come in within three or four dayes and if out of the County he shall have summons of 15 dayes at least II. West 1.39 3. E. 1. In Writs of Possession as Mortdancester Cosinage Ayel nuper obiit intrusion or the like whereby land is demanded which ought to descend revert remain or Escheat by the death of any Ancestor or otherwise if the tenant vouch to Warranty and the demandant will counter-plead him and aver by assize or by the Countrey as the Court shall award that the tenant or his Ancestor whose heir he is was the first that entred after the death of him of whose seisin he demandeth this averment shall be received if the tenant will abide thereupon but if not he shall be compelled to another answer unless he have his Warrantor present who will immediately enter into the Warranty And then also the demandant may have the like exception against the Vouchee as he had against â—he first tenant III. In a Writ of Entry in the degrees none shall vouch out of the line IV. In Writs of right and of possession as before it is also a good counter-plea that neither the Vouchee nor his Ancestors had ever seisin of the land or any thing in the services by the hand of the tenant or his ancestors from the time of the seisin whereof the demandant declares until the Writ purchased so that he might a feofment make to the tenant or his ancestors and this averment of the
demandant shall be also received if the tenant will abide thereupon but if not the tenant shall be compelled to another as before unless the Vouchee be present and will immediately enter into Warranty and then also the demandant may have like exception as before V. If the Tenant have a deed that comprised Warranty of another man his recovery by a Writ de Warrantia carta out of the Chancery shall be saved to him howbeit the plea shall not be delayed by reason thereof VI. The Stat. of Glocester 12. 6. E. 1. If a man impleaded for a tenement in London vouch a foreigner to Warranty he shall have a Writ out of the Chancery to summon the Warrantor at a certain day before the Justices of the Bench and another to the Mayor and Bailiffs of London to surcease the matter before them until the plea of the Warranty be determined in the Bench and when the plea at the Bench shall be determined then shall the Vouchee be commanded to go into the City to answer the chief plea and a Writ shall also be awarded at the Demandants suit by the Justices to the Mayor and Bailiffs to cause them to proceed in the plea And if the Demandant recover against the tenant the tenant shall come before the Justices of the Bench who shall direct a Writ to the Mayor and Bailiffs to cause the land so lost by the tenant to be extended and valued and to return that extent at a certain day unto the Bench and after the Sheriff of the County where the Warranty was summoned shall be commanded to deliver to the Voucher land of the Vouchee answerable in value to the land that the Voucher hath lost See a correction and some inlargement of this Statute 9 E. 1. VII West 1.6 13. E. 1. As the tenant shall lose the land in demand in case where his Vouchee dischargeth himself of the Warranty so also shall the Vouchee lose where he denieth the Warranty and it be tried against him Also where an Enquest is depending between the tenant and his Vouchee and the Demandant will require a Writ to cause the Jury to come it shall be granted him VIII The Statute of Vouchers 20 E. 1. This counterplea of Voucher viz. that neither the Vouchee nor his Ancestorâ— had ever any thing in the land so that he might a feofment make with Warranty shall be received albeit the Vouchee be ready to enter into Warranty IX Stat. 14 E. 3.18 Where the tenant voucheth to Warranty â— dead-man the Demandant shall be received to aver that the Vouchee is dead and that there is none such Upholsters * I. Stat. 11. H. 7.19 None shall put to sale in Fairs or Markets any Featherbeds Bolsters or Pillows except such as are stuffed with one sort of stuff viz. dry pulled feathers or clean down and not with scalded feathers fen-down or any other unlawful corrupt stuff in pain to forfeit the same Howbeit any for their private use may make or cause to be made any such unlawful stuff or wares so as the same be not exposed to Sale in Fairs or Markets upon the like pain II. Also Quilts Mattresses and Cushions shall be stuffed with one sort of stuff only viz. clean wooll or clean flocks and not with horse-hair Fen down Nets-hair Goats hair or other unlawful stuff in pain to forfeit the same * III. Stat. 5. 6 E. 6.23 None shall make to the intent to sell or offer to be sold any Fether-bed Bolster or Pillow except the same be stuffed with dry pulled feathers or clean down only without mingling of scalded feathers Fen-down Thistle-down Sand Lime Gravel or other unlawful or corrupt stuff in pain to forfeit the same so offered to be sold or the value thereof IV. None shall make to the intent to sell or offer to be sold any Quilt Mattress or Cushions stuffed with any other stuff then feathers wool or flocks alone in pain to forfeit the same so sold or put to sale or the value thereof V. The Forfeitures aforesaid are to be divided betwixt the King and the Prosecutor Uses I. Stat. 1. R. 3.1 All grants conveyances recoveries and other assurances made by Cestuy que use being of full age compos mentis and at large shall be good against him and all others claiming as his heir or heirs or to his use But here the right of all others is saved II. Stat. 1. H. 7.1 The Demandant in a Formedon in descender or remainder may have his Action against the Pernor of the profits and such Pernor shall have such Voucher Lyen aids prayer and all other advantages as he should have if he were tenant indeed or his Feoffors should have if the action were brought against them And if such Pernor happen to die his heir being within age his heir shall also have his age and all other advantages as if his ancestor had died seised of the land in demand Also all recoveries had against such Pernors their Heirs or their Feoffees or Cofeoffees and their heirs shall be as good as if such Pernors were tenants indeed or feoffees to their use at the time of such actions brought III. Stat. 3. H. 7.4 All Deeds of gift of goods and Chattels made in trust to the use of the grantor shall be void IV. Stat. 19. H. 7.15 The Sheriff or other Officer having a Writ to execute upon lands against any person upon any Judgment Statute or Recognisance may deliver Execution to the Plaintiff of all lands and tenements whereof any other is seised to the use of him against whom execution is so sued V. Also the heir of Cestuy que use of land in soccage shall pay relief Herriot and all other duties to the Lord of the Fee as if his ancestors had died seised thereof VI. Howbeit upon such execution served as aforesaid Cestuy que use shall have all such advantage as he might have if he were seised of the land VII Cestuy que use being a bond man the land may be seised by his Lord. VIII Stat. 27. H. 8.10 Where any person or persons stand or be seised of any Honours Mannors Lands Tenements Rents Services Reversions Remainders or other Hereditaments to the use confidence or trust of any other person or persons or of any body politick by reason of any bargain sale feofment fine recovery covenant contract agreement will or otherwise In every such case every such person and persons and body politick having such use conâ—dence or trust in fee-simple fee-tail for life or years or otherwise or any use confidence or trust in remainder or reverter shall stand and be seised deemed and adjudged in lawful seisin estate and possession of and in the Honours Castles c. with their appurtenances of and in such like Estates as they have in use trust or confidence of or in the same And the estate title right and possession of such person or persons as are seised of any Lands Tenements or Hereditaments to the
intent to put the Defendants from their law that the same was found before their Apprentices or servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the Defendants to their law or to try the same by Inquest ☞ Wales I. The second Volume of the Book of Old Statutes is a long Act made Anno 12 E. 5. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated and united to England and there you shall also find many good Laws concerning the division of Wales into Counties Trials and Division of Actions together with divers forms of Writs and the proceeding thereupon much like to the Laws of England For all which see there that Act at large II. Stat. 28 ◠3.2 All Lords of the Marches of Wales shall be perpetually attending and annexed to the Crown of England as they and their Ancestors have been in times past and not to the Principality of Wales in whose hands soever the same shall come III. Stat. 9 H. 4.4 No Thief or Felon in Wales openly known shall be suffered to disclaim out of the Seigniory where the Felony was committed But such manner of disclaimer shall be from henceforth utterly put out and such Thieves shall be put to answer to Indictments and other accusations in the Seigniory where they are taken without being delivered by disclaiming or Letters of Marque IV. Stat. 2 H. 5. Stat. 2.5 If a Welsh-man that doth forcibly take and detain an English-man until he be ransomed will not upon process awarded against him by the Justices appear and answer the same untill he be outlawed the Justices shall certifie the same under their seals to the Officers of the Seigniories where such outlaw is who shall apprehend and do execution upon him according to the Law But this is now altered by 27 H. 8.26 which see after V. Stat. 26 H. 4.8 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this such◠Keeper shall observe in pain to be imprisoned and fined at the discretion of the Court. VI. Here if the Jurors give any untrue verdict against the King contrary to good and pregnant evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretions VII ☞ Stat. 26 H. 8.6 All persons dwelling in VVales or the Marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such Fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs VIII If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the custom of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compell him by imprisonment to pay such fines and penalties both to the King and the party grieved IX None in VVales or the Marches thereof coming to any Sessions or Court there shall bring or cause to be brought thither or to any other place within two miles thereof or to any Town Church Fair Market or other Congregation except upon a Hue and Cry or into the High-way affray of the Peace of the Kings People any Bill Low-Bow Cross-bow hand-gun Sword Staff Dagger Halbert Morespike Spear or any other Weapon Privy Coat or Armour in pain to forfelt the same unless it be by the command or license of the Justices a Steward or other Officer or of the Commissioners or Council there X. None without the Commissioners license in writing shall there or in the Counties thereto adjoyning require or levy any Commorth Bydal Tenants Ale or other collection or exact any money goods or other thing under colour of marriage or suffering of their children saying or finging their first Masses or Gospels of any Priests or Clerks or for the redemption of any murder or other felony or for any other cause whatsoever or shall make or procure to be made any games of running wrastling leaping or any other games the game of shooting only excepted in pain to suffer a years imprisonment and to be fined at the discretion of the Commissioners who shall by this Act have power to hear and determine the said offences Neither shall any cast any Arthell into any Court there by reason whereof it may be letted or discontinued at that time in pain to suffer a years imprisonment XI Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint XII Justices of Peace and Goal-delivery in the Counties next adjoyning to VVales where the Kings Writ runneth may hear and determine the offences of counterfeiters washers clippers or diminishers of Coin and all felonies and their accessaries committed in VVales or the Marches thereof And acquittal or fine making for any of the said offences in any Lordship marcher shall be no barr for any person or persons indicted for the same within 2. years next after such offence committed XIII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the offender is resiant a Certificate under the seals of two of them at least of any such outlawry or attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such offender and safely to keep him untill such convenient time before the next Goal-delivery of the
and mixt attaints conspiracies Assizes Quare Impedits appeals of murder and felony and all actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal actions as debt detinue trespass account and the like amounting to the sum of 40 s. or above shall be sued by such Writs original or by bills at the election of the Plaintiff as is used in North Wales LXXX All personal actions under the sum of 40 shillings may be sued by original Bill as is also used in North Wales sealed by the judicial seal remaining in the custody of the Justice LXXXI The Fee for sealing every original Writ upon the causes aforesaid and for every Bill in Actions personal when the debt and damages amount to 40 s. or above is six pence and for every judicial process sued upon any such original Writ or bill seven pence whereof the King shall have six pence and the Justice one penny And for every bill in personal actions when the debt and damages amount not to forty shillings and for every judicial process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXXII All Writs of Scire facias and writs of Good Abearing or for the Peace or writs of Supersedeas upon the same and all other process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay seven pence whereof the King is to have six pence and the Justice 1 d. LXXXIII Every exemplification upon any Record shall be Sealed by the Judicial Seal for which the Plaintiff shall pay 20 pence whereof the King is to have 16 pence and the Justice four pence LXXXIV Recoveries and Fines Concords and Warrants of Attorney for the same may be taken before the said Justices of lands tenements and hereditaments within their authority by force of his general Commission without any dedimus as is used before the Chief Justice of the Common-Pleas LXXXV All fines levied before any of the Justices with Proclamation made the same Sessions it shall be engrossed and in two other great Sessions then next following shall be of the same force as Fines levyed with Proclamations before the Justices of the Common-Pleas LXXXVI Every person suing Writs of Entry in the Post or Writs of Covenant or any other Writs for any recovery to be had by assent or otherwise or for any fine to be levied shall pay fines to the Kings use for the same as well fines pro licentia concordandi as all other fines as is used in Chancery or elswhere in the Kings Courts of England which fines shall be paid to such persons as shall Seal the Original Writs for that purpose who shall accompt for the same as they do for the profits of the said Original Seal LXXXVII Also the Kings silver upon every such fine shall be paid as is used in the Common-Pleas of England viz. 2 s. and shall be received by the Justice before whom such fine is levied whereof the King shall have 16 d. the Prothonotary for entring it 2 d. and the Justice the rest who shall accompt for the Kings profit as he doth for the profits of the Judicial Seal LXXXVIII The four said Justices shall have each of them a Prothonotary to attend upon them for the entring of all Pleas Process and matters of Record in Sessions to be holden before the said Justices LXXXIX There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do which Officers shall attend upon the said Justices in their Circuits in proper person and not by Deputy XC The Marshall shall have upon every judgment and every fine 4 d. and the Cryer 1 d. and the like fees shall be paid upon the acquittal of felons and of such as be delivered by Proclamation or out of common mainprise XCI Here also are set down the fees that the Prothonotaries shall take for Writs Entries Judgments c. for which see the Statute at large XCII The King shall have all fines issues amerciaments and recognizances forfeited which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit that process may be awarded to the Sheriff to levy them for the Kings use which Sheriffs shall yearly accompt before the Kings Auditors to be thereunto assigned XCIII Besides the President Council and Justices aforesaid there shall be Justices of Peace and Quorum and also one Custos Râ—tulorum in every of the said 12 Counties who shall be appointed by the Chancellor of England by Commission under the Great Seal with the advice of the President Council and Justices aforesaid or three of them whereof the President to be one XCIV There shall not be more then 8 Justices of Peace in any of the said 12 Shires besides the President Council and Justices aforesaid and the Kings Attorney and Sollicitor all which persons shall be also put in every such Commission XCV These Justices of Peace shall be of good name and fame and may exercise their Office albeit they have not 20 l. per annum or be not learned in the Law but before they shall execute their Commission they shall take such Oath as Justices of Peace in England use to take before the Chancellor of England or else before the President or one of the same Justices of Wales by dedimus or before some other to be appointed by the Lord Chancellor for the purpose XCVI The said Justices of Peace or two of them at least 1. Qu. shall keep their Sessions four times in the year and at other times also upon urgent cases as Justices of Peace in England use to do for which they shall also have such allowances for themselves and their Clerks as the Justices in England have XCVII Here the fee for a Warrant of the peace or good abearing is 6 d. for entring of pledges to pay the King a fine upon an indictment 9 d. and if it be with protestation 12 d. for a supersedeas 8 d. and for a recognizance 12 d. XCVIII These Justices of Peace shall certify Recognizances taken before any of them for the Peace and good abearing into the next Sessions but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them upon such penalties as be therefore ordained XCIX All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least 1. Qu. and shall be duly set without partiality C. All such fines and amerciaments as also all issues lost forfeited recognizances and other forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that limit to the end that processes may
be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accompts for the fees of the Justices and Clerks of the Peace as is used in England CI. The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able persons in every of the said twelve Shires to be Sheriffs thereof and shall certify their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriff shall have their Pattents under the Great Seal of England and shall make oath and acknowledg recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just accompt before the Kings Auditors assigned for Wales CII The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and Precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly accompt to the Auditor or Auditors assigned by the King for VVales and shall each of them have yearly for his fee 5 l. CIII All Officers and other persons in VVales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and process from any of them directed and all lawfull and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices CIV Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledg Recognizances before the President or one of the Justices by a Dedimus for the due execution of their Offices and for their true account before the Kings Auditor or Auditors to be assigned for that purpose which oath and recognizance shall be agreeable to those used for Escheators in England CV Such Escheators shall yearly have their Pattents under the Great Seal and shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum free-hold and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales CVI. There shall be also two Coroners elected for each of the said 12 Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester ☞ CVII The Justices of Peace or two of them 1. Qu. shall appoint in every hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England CVIII The Sheriff shall have a Goal in a place of the Castle of the Shire-town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailâ—ffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CIX Sheriffs shall keep their Counties Monthly and their Hundred-Courts for pleas under 40 s. and shall take for entring of plaints process pleas and judgments there as is used in England and not above Also all tryals in such Courts or before Stewards in Court Barons shall be by Wager of Law or verdict of six men at the election of the party Plaintiff or Defendant that pleads the plea. CX Sheriffs shall hold their Turns yearly after Easter and Michaelmas as is used in England CXI The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turnes to his own use and the Sheriff shall account for the same accordingly having been first affered by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so affered in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CXII Certain fees which the Sheriff is to have for the return and execution of divers writs For which see the Statute at large CXIII Every Sheriff within this limit may put suspitious persons under common main-prise according to the Statute of 37 H. 8.26 which see before binding them with two sufficient Sureties by recognizance to appear before the Justices at the next great Sessions and shall then also certify the names of the parties so bound without concealment CXIV The Sheriffs fee for taking such common main-prise is 2 d. but he shall take no fee for the return of any writ of execution unless he return the same executed CXV The fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CXVI None for murder or felony shall be put to his fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CXVII The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CXVIII Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXIX If any forreign plea or voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole record unto the Justice that sent it who thereupon shall proceed to Judgment as
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
the Chancery in one case a Writ is found and in another case falling under like law and requiring like remedy there is found none the Clerks of the Chancery shall agree in making the Writ or the Plaintiffs may adjourn it untill the next Parliament and then the cases being written in which they cannot agree let them refer themselves to the next Parliament where by the consent of men learned in the Law a Writ shall be framed lest the Kings Court should fail to administer Justice to complainants II. West 2.49 13 E. 1. Pars inde Where the Law faileth lest Suitors should depart from the Kings Court without remedy Writs shall be provided in their cases III. Stat. 6 R. 2. Stat. 1.2 If in Writs of debt accompt and the like it shall be declared that the contract thereof was made in another County then is contained in the original Writ such Writ shall be abated Vid. Title Arrests Numb 4. Yarn I. Stat. â— H. 6.23 NOne shall export any Thrums or Woollen Yarn under colour of Thrums in pain to forfeit the double value thereof York I. Stat. 29 H. 6.3 All Letters Parents granted to Citizens of York to be exempt of the offices of Mayoralty Sherifwick Chamberlain Collector of Dismes and Quinzims and Citizen for the Parliament shall be void and the Citizen who purchaseth or taketh such exemption shall forfeit 40 l. to the King and Mayor and Citizens of York II. Stat. 34 35 H. 8.10 An Act for making of Coverlets within York and none shall be made to be put to sale in Yorkshire but onely in the Town of York together with divers other good provisions touching that subject For which see the Statute at large The New ACTS lately made at Oxon. Anno 17º Caroli Secundi Regis Abridged and here added by way of APPENDIX Non-conformists I. Stat. 17 Car. 2. Cap. 1. apud Oxon. ENacted That all Parsons Vicars Curates Lecturers and other persons in or pretending to serve in Holy Orders and all Stipendaries or other persons who have been possessed of any Ecclesiastical or Spiritual Promotion and who have not declared their assent and subscribed the Declaration mentioned in the ACT of 14 Car. 2. For Uniformity of Publique Prayers c. And shall not take and subscribe the Oath following I A. B. Do swear That it is not lawfull upon any pretence what soever to take up Arms against the King And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any alteration of Government either in Church or State II. And all such persons who shall take upon them to preach in any unlawful assembly conventicle or meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time after the 24th of March 1665 unless in passing upon the Road come or be within five miles of any City or Town Corporate or Borough that sends Burgesses to the Parliament within England Wales or Town of Berwick upon Tweed or within five miles of any Parish Town or Place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the said Oath before the Justices of the Peace at their Quarter-Sessions to be holden at the Division next to the Corporat on City or Borough Parish Place or Town in open Court which the said Justices are impowred to administer upon forfeiture for every such offence the sum of forty pounds one third thereof to his Majesty and his Successors the other third part to the poor of the Parish where the offence is committed the other third part to the person that will sue for the fame by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Justices of Assize Oâ—er and Terminer or Goal Delivery Justices of the Counties Palatine of Chester Laâ—caster or Durham Great Sessions in Wales or Justices of the Peace in their Quarter-Sessions no Essoin Protection or Wager of Law to be allowed III. It shall not be lawfull for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or Place as aforesaid or for any other person or persons as shall not first take and subscribe the said oath and as shall not frequent Divine Service established by the Law of this Kingdom and carry him or her self reverently there to teach any publique or private School or take any Boarders or Tablers to be taught or instructed by him or her self or any other upon pain of forty pounds for every offence to be recovered and distributed as aforesaid IV. Any two Justices of the Peace in the respective County upon oath to them of any offence against this Act which oath they are impowred to administer may commit the offender for six moneths without Bail unless before such Commitment he shall before the said Justices of the Peace swear and subscribe the said Oath and Declaration Provided That appearance to any Subpoena Warrant or Process whereby persoâ—al appearance is required shall not be construed an offence within this Act. Churches and Chappell 's I. An Act for uniting Churches and Chappels in Towns Corporate See 27 Car. 2. Cap. 3. Apud Oxon. Books and Printing I. Stat. 17 Car. 2. Cap. 4. apud Oxon. The Act for preventing abuses in Printing Seditions Treasonable and unlicensed Pamphlets and for regulating Printing continued in force untill the end of the first Session of the next Parliament II. And further That after the 26. of September 1665. every Printer within London or any other places except the two Universities shall reserve three printed Copies of the best and largest Paper of every Book new printed or reprinted with additions and shall before any publique sale of the said Book bring them to the Master of the Company of Stationers and deliver them to him one whereof shall within ten dayes after be delivered to the Keeper of his Majesties Library and the other two within the said ten dayes to be sent to the Vice-Chancellors of the Two Universities respectively for the use of their publique Libraries III. And the Printers in the said Universities respectively after the said 26th of December shall deliver one such printed Copy as aforesaid so new printed or reprinted in the said Universities to the Keeper of the Kings Library as aforesaid as also to the Vice-Chancellors of either of the said Universities for the time being two other such printed Copies for their publique respective Libraries And for default of so doing by the Printer or Master of the Company of Stationers
Age Pag. 10 Aide of the King Pag. 10 Aide to marry the daughter and to make the Son a Knight Reasonable Aide Ayel Besayel Cosinage Cosinage Damages 3 c. Alehouses Customs 6 11. Ale and Beer Alehouses Alienation without licence Pag. 14 Tenure 7. Aliens Pag. 14 Ability 2 3 4 5. Crown 147. Customs 9.12.14.17.20 Drapery 42.69 English-men Gauging 14. Hats and Caps 9. Informers 9 10. Ireland 10. Merchants Money 34. Proviso 4.5 Staple Tythes 3. Victuals 6. Wines 8. Allegiance Crown 108. Amendments Pag. 18 Amerciaments Pag. 19 Ampthil Honours Anniversary Fast Pag. 19 Anniversary thanksgiving Pag. 20 Annates First-Fruits Apothecaries Physitians 26. Apparance Pag. 20 Essoyn 12. Appeals Pag. 20 Clergy 8. Demurrers 2. Essoyn 8.15 Triall 13. Appeals to Rome Pag. 21 Apprentice Pag. 21 Aliens 6.19 c. Cordwainers 26. Corporation 3 4. Drapery 168.195 Hats and Caps 1.5.8 Labourers Norwich 5 Passage 15 c. Poor people 21 Ships 25.59 Worsteds Appropriations Pag. 22 Approvements Pag. 23 Approvers Pardon 11. Archery Playes Armour Arms Pag. 24 Crown 145 Musters Treason 5. Wales 9. Arrests Pag. 25 Arrow-heads Pag. 26 Artificers Aliens 2. c. 19. c. Cordwainers 11.30.39.40.59.60.67 Labourers Merchants 63 Wares Assault and Fray Pag. 27 Assises Pag. 27 Conusance Essoyn 4 12. Justice of Assise Nisi prius Assize of Bread and Drink Weights Assize of Darrein presentment Dayes in Bank Assurance Office Merchants 77 c. Attaint Pag. 30 Age 3. Dayes in Bank 14.22 Essoin 4. Limitation 9. Attorney Pag. 35 Apparence 4 Attaint 47 Jeofail 3. Trespass 4. Attornment Error 8 Auditors Account Receivers Augmentations Courts Aulnage Aulnagers Account 5 Drapâ—ry 3.5.8 9.11 c. 140 141 202 c. 290. Estreats 6. Wales 144 145. Avowry Pag. 37 Badgers Corn. Universities Bail Felony 23 Mainprize Bayliffs of Mannors c. Account Eschequer Franchises Indictments Bayliffs of Cities Franchises and Towns Corporations Franchises Towns Sheriffs B. BAkers Aliens 32 Clerk of the Market Weights Ballast Havens 7. Banks Pag. 37 Bankrupt Pag. 38 Barbers Physitians 26. Bargains and Sales Inrollments Uses Bark Cordwainers 36 37. Barking of Trees Burning of Carts c. Barons County 2 Crown 12.126 Forrests 11 18. Barons of the Eschequer Account 3. Attorney â— Commission Damages 5. Drapery 21 43. Error Eschequer Escheators 1. Executors 9. Justice 4. Sheriffs 4 7 68. Staple 27. Barwick Pag. 42 Bâ—tchers 3 Bastardy and Bastards Pag. 42 Ability 4 Barne Vagabonds 8. Battail Grand Assise Pag. 43 Dower 5 Beau-pleader Pag. 43 Beer Clapbord Coopers Beggers Vagabonds Bel-mettle Brass Benevolences Taxes Bigamie Clergy 2 5 27. Matrimony 6 Bisextus Dayes in Bank Benevolence Pag. 44 Bishops Bishopricks Pag. 44 Ability 4. Appeals to Rome Appropriations Crown 44 c. 57. Debt to the King 12 First-fruits 12 c. Leâ—se 9 Rome Vacations of Bishopricks Blackmail Felony 19. Blackney Fish 14 15. Boats and Boatmen Passage Books and Images Pag. 46 Crown 143 Bows Bow-staves Pag. 47 Playes Brass Pewter Copper Bel-mettle c. Pag. 47 Bread Ale and Beer Clerk of the Market Weights Breakers of Leagues and Truces Pag. 50 Brewers Alâ—-houses 9. Aliens 32 Coopers Gauging 12 Weights Bridges Pag. 51 Borderers England and Scotland Brokers Pag. 52 Buckstales Forrests Hunting Parks Buggery Felony 11. Bullion Plate Jewelâ— Gold Money Bulls from Rome Dispensations Burford Bridges 1. Burglary Forfeiture 10. Buriall Crown 138. Burning of Carts and Wood Pag. 53 Felony 19 Burport Cables 1. Butchers Pag. 53 Calves 2. Cordwainers 25. Victuall Weights Butler of the King Pag. 53 Butter and Chéese Pag. 54 Corn. Buts Playes Buying and selling Corn. Buying of Titles Actions popular 10 Champerty Informers 8 Buxton Vagabonds 8. C. CAbles Halsors and Ropes Pag. 55 Calves Pag. 56 Cordwainers 24. Cambridg and Cambridgshire Pag. 56 Aliens 14. 27. 34. Butchers 3. Crown 140. Caps Hats Captains Souldiers Pag. 56 Musters 55 Captives Pag. 68 Cardiff Bridges 10 Cask Clapbord Carlile Butchers 3. Carlion Bridges 12 Castles Fortresses c. Pag. 68 Cattle Forestallers Horses Certificate Ability 4. Bishops 14 Butler of the King 2. Captains 28 c. Commission 5 Crown 19. Certificate of the Cause of Attainder c. Pag. 68 Certiorari Corpus cum causa Cessavit Pag. 69 Contra formam collationis Challenge Pag. 69 Champerty Pag. 6 Actions popular 7.10 Informers 8. Maintenance Nisi prius 9 Chancellor Aliens 1.14 Bankrupts 1 3 10 Books 4 Butter 1 Chancery Corporation 1. Custos Rotulorum Error Escheators 1 Execution of Statutes Executors 9 Exigent 1 2 First-fruits Fish 13 Hospitals 6. Infections Justice 5 Merchants Mortmain Parliament 35 c. Sewers Sheriffs 7 Staple 32 c. Treason 1 Triall 8 Vacations of Bishopricks Vagabonds 13 Wales 93 140 Wards 36 48 51 84 86 Wines Woolls 6 Women 8 Chancery Pag. 70 Accusation 10 11 Pardon Chaplains Residence Chases Forests Chanteries Monasteries Cheese Butter Chelsey Pag. 71 Chepstow Brides 15 Ships 52 Chester and Cheshire Pag. 72 Certificate of the c. 5 Corn 8 Courts 32 Eschequer Exigent 11 c. Fines 32 Wales 152 Chichester County 5. Paving 9 Chimage Forests 14 Churches Fighting Church-service Crown 44 c. Service and Sacraments Church-wardens Alehouses Captains 22 c. Clerk of the Market 6 Crown 100 150 Church-yards Pag. 73 Mortmain 16 Cinque-Ports Five Ports Cirographer Pag. 73 Error 2 Fees 2 Citation Pag. 73 Clapbord Pag. 74 Malt 13 Clergy Pag. 74 Conjuration Fairs and Markets 21 Clerk of Assize Certificate of the cause of Attainder Justices of Assize Clerk of the Chancery Pag. 78 Addition 4. Clerks of the Crown Pag. 78 Certificate of the cause of Attainder Clerk of the Estreats Estrâ—ats Sheriffs Clerk of the Market Pag. 78 Franchises 23. 6. Weights Clerk of the Peace Certificate of the cause of Attainder Corn 3. Custos Rotulorum 3. Inrolements Paving 4. Clerk of the Recognisances Fraudulent Conveyances 9 c. Recognisance Clerks of the privy Signet and privy Seal Pag. 79 Clerk of the Sewers Sewers Clerk attaint Certificate of the c. Clerk convict Clergy Client Attorney Clothes and Clothing Dropâ—y Coaches Pag. 80 Coachmakers Cordwainers 46 Coal Pag. 81 Fuel Wood 17 c. Coin Money Collectors Pag. 82 Colledges Chelsey Election Patents 18 Collusion Admeasurement of Dower Advowson 12 Conusance Common Approvements Assizes 6. 12. Horseâ— Common Place Attaint 47. Common Pleas. Pag. 83 Adjornment Constable and Marshall Commissions and Commissioners Pag. 82 Discontinuance of Process 3. 5. Escheators 21 c. First-fruits Hospitals 16 c. Sewers Common Prayer See Religion Concealments Limitation 11. Conditions Pag. 83 Patents 27 Confirmation Pag. 83 Cony-skins Merchants 84 c. Conjuration Pag. 84 Consecration of Bishops c. Bishops 16 c. Conspiracies Pag. 85 Nifi prius 9. Victual 16 Constables of Hundreds and Towns Ale-houses Banks 5. Bridges 4. Captains 22. c. Crown 78. 150. Drapery 48. 29. 230 Feasants 22. High-wayes Holy-dayes Horses 14 Malt. Merchants 4. Plague Purveyors Swearing Vagaboads Constable and Marshal Pag. 85 Appeals 9. Exchequer 12
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
Sheriffs 46 Vagabonds 10 Weights 49 Wines 1 Women 15 Lords Pag. 338 Cross-bows 12 Crosses Forfeiture Freehold Justices of Assise 8 Parliament 38 Return of Sheriffs Staple 32 Treason 3.5.34 Lunaticks Escheators 40 Fools M. MAdder Pag. 338 Mad-men Fools Maimed Souldiers Captains 21 c. Mainprise and Bail Pag. 338 Sheriffs 2 3 Maintenance Pag. 340 Assises 20 Actions popular Champerty Execution of Statutes Feoffments 1 Informers 8 Liveries of Companies Nisi prius Mayors and Head-Officers See most of the Titles under Justices of Peace Master of the Rolls First-Fruits War 5 Malt Pag. 341 Manufactures Pag. 342 Merchants and Merchandize Pag. 343 Amerciaments 1 Butler of the King 4 Customs Drapery 250.254 Eschange 3.4 Ireland Labourers 25 Money Monopolies Ships Spice Staple Wines Wooll Worsteds 1 Marches Courts 32 Marriners Captains 21 c. Ships 32.37 Vagabonds 14 16 c. Markets Fairs Marriages Dispensations 2 Marshalsey Pag. 369 Error Marshes and Fennes Pag. 370 Approvements 8 c. Felony 9 Masons Pag. 370 Masters of the Chancery Pag. 370 Justices 6 Matrimony and Marriage Pag. 370 Appeals to Rome 1 Measures Clerk of the Market Weights Mesne Pag. 371 Middlesex Nisi Prius 14 Paving Milch Kine Calves 3 c. Militia See Captains and Souldiers Numb 39. Ministers of Churches Parson Mint Money Misprision of Treason Money 50 Monasteries Abbeys Priories Colledges Free-Chappels Hospitals Chanteries Pag. 372 Patents 7 c. 17 Money Pag. 382 Gold Merchants 40 c. Treason 1.27.31 32 33 36 Monopolies Pag. 387 Mortdancester Pag. 388 Assises 1 Damages 3 c. Discontinuance of process 3 Mortmain Pag. 389 Mortuaries Pag. 392 Multiplying Money Munition Actions popular 10 Murder and Man-slaughter Pag. 393 Forfeiture 10 Musters Pag. 394 N. Navy Ships Nets Fish Newcastle upon Tine Pag. 395 News Pag. 395 New port upon Usk Bridges 12 Nisi prius Pag. 396 Attaint 5.47 Non-ability Ability Non-claim Fines 11 Non-plevin Pag. 398 Non-suit Pag. 399 Damages 14 Non-tenure Pag. 399 Norfolk Fish 16 Shcep 6 Worsteds Northumberland Pag. 399 Norwich Pag. 399 Worsteds Novel-disseisin Age Assises Damages 1 2 4 c. Discontinuance of process 3 Essoin 15 Justices in Eyre 3 Nuper obiit Essoin 10 Nusance Pag. 400 Infections O. OAth Pag. 400 Commission 5 6 Corporation 5 6 Crown 6 c. 108 Justices 2 5 Merchants 81 Parliament 36 Sewers 13 Sheriffs 75 c. Oblations Obventions Appeals to Rome 1 Quakers 1 c. Obligations Pag. 401 Courts First-fruits 4 Wards 55 56 Odio and Atia Pag. 401 Officers and Offices Pag. 401 Account 5 Alienation without licence 4 Appearance Assises 2.5 Crown 7 c. 151 Customs 15 Escheators Extortion Fees Staple 15 Oyer and Terminer Pag. 403 Actions popular Oyl Pag. 404 Ordinaries Pag. 404 Administrators Advowson 5 12 Bastardy 1 2 Clergy Crown 44 c. Fools 2 Forger of false Deeds 6 Hospitals 1 Leases Overseers of the poor Clerk of the Market 6 Poor people Outlawry Utlawry Oxford Aliens 14.27.34 Bridges 9 Crown 140 P. PAinters Pag. 404 Palace Pag. 405 Panel Pag. 405 Assises 21 Jurors Papists Crown Pardon Pag. 405 Exigent Parks Forests Felony 5 Hunters Parliament Pag. 407 Assault Chester 7 Confirmation Crown 16.28 Execution 5 Woolls 8 11. Parson Vicar and Parsonage Pag. 412 Advowson Church-yards Election Quod permittat Partition and Parceners Pag. 412 Essoyn 5 Suit 4 Partridges Feasants Passage and Arrivage Pag. 413 Ships 5 Patents Pag. 415 Patron and Pa Advowson Crown 140 Election Parson Paving Pag. 418 Peace Pag. 420 Armour Peace and good behaviour Corpus cum causa 3 Pedlers and Tinkers Vagabonds Pensions Portions and Corodies Pag. 420 Per infortunium Pardon Perjury Pag. 421 Maintenance 8 Petition Accusation 3.6 c. Petty Treason Treason 3 Pewter and Pewterers Brass Peers of the Realm Barons Lords Physicians and Surgeons Pag. 421 Pick-pocket Clergy 32 Pillory Weights Pypowders Fairs and Markets 7 Plague Pag. 424 Plaisters Painters Plate Gold Money Playes and Games Pag. 425 Players Pag. 428 Pleading Pleaders Pag. 429 Advowson Pleas of the Crown Pag. 429 Pledges Debt to the King 1 Plumsteed Marsh Pag. 429 Pope Crown Rome Poor people Pag. 429 Appropriations 1 Bankrupts 9 Captains 34 Clerk of the Market 6 8 9 Vagabonds 13 Ports Breakers of Leagues and Truce Havens Poysoning Felony 14 Post-Office Pag. 437 Prerogativa Regis Pag. 437 Corporarion 1 Praecipe in Capite Right Praemunire Appeals to Rome Attorney Crown 10.18.31.35.38.55.107 Dispensations Felony 16 Parliament 40 Proviso Presbeck in Cumberland Bridges 14 President of the Councill Pag. 438 Pretensed Titles Maintenance 6 c. Primer Seisin Pag. 438 Printing Pag. 438 Monopolies 7 Prison Prisoners Pag. 438 Corpus cum causa Discontinuance of Process 6 Felony 2 Prize-Goods Pag. 441 Privy Seal Execution of Statutes Pardon 9 Murder 10 Priviledg Monopolies 7 Probate of Testaments Pag. 441 Procedendo Assises 18 Proces Pag. 442 Dayes in Bank Prochein Amy Pag. 445 Proclamations Debt 5 Exigent Profers Dayes in bank Prohibition and Consultation Pag. 445 Prophesies Pag. 447 Property Fairs and Markets Protection Pag. 447 Chester 8 Proviso and Premunire Pag. 448 Provors Appeals 5 7 Pulham Norwich 7 Purgation Clergy Purprestures Pag. 449 Purveyors Pag. 449 Franchises 22 Staple 9 Weights 35 36 Q. QVakers Pag. 457 Quare Impedit Advowson Dayes in Bank 5 6 22 Essoin 1 Justices in Eyre 3 Quarentine Dower Quéen Pag. 458 Quietus est Debt to the King 26 Quod permittat Pag. 458 Quod si deforceat Dower 7 Quo Warranto Franchises R. RApe Pag. 458 Reasonable aid Pag. 459 Receivers Pag. 459 Sheriffs 33 Recognizance Statute-Merchant Pag. 462 Chester 9 Felony 23 Staple 20 21 52 53 Recordare Replevin 2 Records Pag. 468 Amendments 7 c. Recognizance 29 Recoveries Pag. 468 Felony 23 Wales 152 c. Recusants Actions popular 10 Crown 70 Redisseisin Pag. 469 Admeasurement of Pasture Referrees Justice 6 Regradors Forestallers Relief Pag. 470 Religion Pag. 471 Crown 13 Religious persons Ability 6 c. Amerciaments 1. Arrests 2 3 County 2 Crown 13 30 Dispensations 3 Dures Election First-fruits 6 Leases Marshalsey 5 Matrimony Residence Sheep Spiritual Lawes Religious houses Mortmain Patents 18 Rents Pag. 475 Cessavit Repleader Pag. 475 Replevin of Cattel Pag. 476 Avowry Distresses Resceit Pag. 477 Residence Pag. 478 Restitution Pag. 482 Forcible Entry Retainers Execution of Statutes Return of Sheriffs and Bayliffs Pag. 482 Dayes in Bank Sheriffs 44 Revenue Pag. 484 Reversions and Remainders Attaint 9.46 Conditions Richmond Pag. 484 Rye and Winchelsey Pag. 485 Right Pag. 485 Accusation Justice Riots Routs and unlawful Assemblies Pag. 485 Execution of Statutes Rivers Admirally 3 Havens Robberies Pag. 488 Forfeitures 10 Rochester Bridges 8 11 Rogues Vagabonds Rome Pag. 492 Crown 18.32 Dispensations Proviso Ropes Cables Rumours News S. SAcraments Appeals to Rome Service and Sacraments Safe conducts Pag. 495 Saint Iohns Pag. 495 Saint Martins le grand Aliens 14.27.34 Salmon Fish Scarborow Pag. 496 Scavage Aliens 31 Paving 10 Taxes 7 8 Schools School-masters and Schollars Crown 45
thereunto will direct you to the Statute it self as you shall find it express'd in the premised Abridgment and where you shall therein find any Chapters omitted they are either repealed or expired or otherwise obsolete and out of use MAgna Charta 9 H. 3. 1 Franchises 2 Relief 3 Wards 4 Wast 5 Wast 6 Wards 7 Women c. 8 Debt to the King 9 Franchises 10 Tenure 11 Common Pleas 12 Assises 13 Darrein Presentment 14 Amerciament 15 Banks 16 Banks 17 Pleas of the Crown 18 Debt to the King 19 Castles c. 20 Castles c. 21 Purveyors 22 Forfeitures 23 Wears 24 Right 25 Weights c. 26 Fines to the King 27 Wards 28 Wager of Law 29 Accusation 30 Merchants 31 Tenure 32 Tenure 33 Vacations of Bishopricks 34 Appeals 35 County and Turn 36 Mortmain 37 Escuage Franchises Charta de Foresta H. 3.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. Forests Merton 20 H. 3. 1 Dower 2 Wills 3 Re-disseisin 4 Approvements 6 Wards 7 Wards 8 Limitation 9 Bastardy 10 Attorney 11 Forest De Anno Bissextili 21 H. 3. Dayes in Bank Assisa panis cervisiae 51 H. 3. Weights Dies communes in banco 51 H. 3. Days in Bank Dies communes in dote 51 H. 3. Days in bank Statutum de Scaccario 51 H. 3. Distresses Exchequer Iudicium collistrigii 51 H. 3. Weights De ponderibus mensuris 51 H. 3. Weights De tallagio non concedend 51 H. 3. Franchises Purveyors Taxes Marlebridge 52 H. 3. 1 Distresses 2 Distresses 3 Distresses 4 Distresses 5 Confirmation 6 Wards 7 Wards 8 Re-disseisin 9 Suit 10 County and Turn 11 Beau-pleader 12 Dayes in Bank 13 Essoin 14 Jurors 15 Distresses 16 Mortdancester 17 Wards 18 Amerciaments 19 Essoin 20 False Judgment 21 Replevin 22 Freehold 23 Account Wast 24 Justices in Eyre 25 Murder 26 Voucher 27 Mainprize 28 Monasteries 29 Entry and Writs of entry Statutes of E. 1. Westminster 1. 3 E. 1. 1 Monasteries 2 Clergy 3 Escape 4 Wreck 5 Election 6 Amerciaments 7 Castles c. 8 Beau-pleader 9 Robberies 10 Coroner 11 Odio Atia 12 Felony 13 Rape 14 Appeals 15 Mainprize 16 Distresses 17 Distresses 18 Justices in Eyre 19 Debt to the King 20 Forests 21 Wards 22 Wards 23 Debt 24 Assises 25 Champerty 26 Extortion 27 Extortion 28 Maintenance 29 Deceit Extortion 30 Tolls 31 Purveyors 32 County and Turn 33 News 34 Arrests 35 Reasonable aide 36 Assises 37 Attaint 38 Limitation 39 Voucher 40 Battail 41 Essoin 42 Essoin 43 Essoin 44 Estreats 45 Justices of the Benches 46 Age 47 Prochein Amy 48 Assises Dower Pr◠Reg. 1. Extents of Mannors 4 E. 1. Surveyors The Office of Coroners 4 E. 1. Coroner The Statute of Bigamy 1 Aide of the King 2 Aide of the King 3 Aide of the King 4 Purprestures 5 Clergy 6 Warranty Glocester 6 E. 1. 1 Damages and Costs 2 Age 3 Warranty 4 Cessavit 5 Wast 6 Mortdancester 7 Entry and Writs of entry 8 Trespass 9 Appeals Pardon 10 Essoin 11 Receit 12 Voucher 13 Estrepment 14 Damages and Costs 15 Wines Exposition upon the Statute of Glocester 6 E. 1. Age Damages and Costs Against bearing Arms 7 E. 1. Armour A Statute of Religious men 7 E. 1. Mortmain The Statute of Rutland 10 E. 1. Exchequer The Statute of Acton Burnel 11 E. 1. Recognisance The Statute of Wales 12 E. 1. Wales Westminster 2 E. 3. 1 Tail 2 Replevin 3 Cui in vita 4 Dower 5 Advowson 6 Voucher 7 Admeasurement of Dower 8 Admeasurement of Pasture 9 Mesne 10 Attorney Justices in Eyre 11 Account 12 Appeals Essoin 13 Indictments 14 Wast 15 Prochein Amy 16 Wards 17 Essoyn 18 Execution 19 Ordinaries 20 Cosinage c. 21 Cessavit 22 Wast 23 Executors 24 Nusance Quodpermittat Writs c. 25 Assizes 26 Redisseisin 27 Essoyn 28 Essoyn 29 Oyer and Terminer 30 Exception 31 Mortmain 32 County and Turn 33 Crosses 34 Rape 35 Wards 36 Distresses 37 Distresses 38 Jurors 39 Return of Sheriffs 40 Age 41 Contra formam collat 42 Fees 43 Citation 44 Fees 45 Execution 46 Approvements 47 Fish Fishers c. 48 View 49 Champarty Writs The Statute-Merchant 13 E. 1. Recognizance The Statute of Winchester 13 E. 1. Fairs Robberies Circumspecte agatis 13 E. 1. Prohibition The Statute of Exon. 14 E. 1. Coroner The Ordinance for Ireland 17 E. 1. Ireland Quia emptores terrarum or Westminster 3. 18 E. 1. Tenure Quo Warranto 18 E. 1. Franchises The Statute for levying Fines 19 E. 1. Fines The Statute of Vouchers 20 E. 1. Vouchers The Statute of great and small money 20 E. 1. Money The Statute of defending Rights 20 E. 1. Champerty Receit The Statute of Inquests of Lands 20 E. 1. Jurors The Statute of persons put in Assises 21 E. 1. Jurors The Statute of Trespassers in Parks 21 E. 1. Forests Districtiones Scaccarii 21 E. 1. Distresses The Statute of Conspirators 21 E. 1. Champerty The Statute of Consultation 24 E. 1. Prohibition Confirmation of Charters 25 E. 1. Confirmation The Statute of purchasing Liberty 27 E. 1. Mortmain The Statute of Fines levyed 27 E. 1. Fines Justices of G. D. Nisi Prius Sheriff Articuli super Cartas 28 E. 1. 1 Confirmation 2 Purveyors 3 Marshalsey 4 Common Pleas 5 Chancery 6 Seals 7 Dover 8 Sheriff 9 Distresses Jurors 10 Conspiracy 11 Champerty 12 Debt to the King 13 Sheriff 14 Hundreds 15 Process 16 Return of Sheriffs 17 Robberies 18 Wast 20 Gold Silver c. The Statute of Appeals 28 E. 1. Appeals The Statute of Escheators 29 E. 1. Liveries c. A new Statute of Quo warranto 30 E. 1. Franchises The Statute of Lakers and Brewers 31 E. 1. Butchers Weights The Statute of Protection 33 E. 1. Protection A Statute for definition of Conspirators 33 E. 1. Conspiracy Champerty Orders for Inquests 33 E. 1. Challenge An Ordinance of the Forest 33 E. 1. Forests Another of the same 34 E. 1. Forests A Statute for measuring Land 34 E. 1. Weights A Statute of Ioynt-Tenants 34 E. 1. Assises A Statute for amortisement of Lands 34 E. 1. Mortmain A Statute for certain Liberties 34 E. 1. Franchises A Statute of Religious persons 35 E. 1. Church-yards Statutes of E. 2. A Statute for Knights 1 E. 2. Knights A Statute for breaking Prisons 1 E. 2. Felony Articuli Cleri 9 E. 2. 1 Prohibition 2 Prohibition 3 Prohibition 4 Prohibition 5 Prohibition 6 Jurisdiction 8 Residence 9 Monasteries 10 Appeal 11 Monasteries 12 Excommunication 13 Ability 14 Election 15 Clergy 16 Clergy A Statute of Cavelet in London 10 E. 2. London The Statute of York 12 E. 2. 1 Assises 2 Witness 3 Nisi prius 4 Nisi prius 5 Return of Sheriffs 6 Victuall c. The Statute of Essoins 12 E. 2. Essoyn View of Land and Essoin of the Kings service 12 E. 2. Essoyn View Westminster 4. of Attaints and gréen-war 13 E. 2. Attaint Sheriff A Statute for Estreats of
All fines whereupon Proclamations are not duly made by reason of the adjournment of any term by Writ shall be good as if that term had been holden from the beginning to the end and Proclamations therein made according to the Statute 4 H. 7.24 XXXIV This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered by judgment or otherwise XXXV Stat. 35 El. 2. Fines in the Common Pleas shall be proclaimed four times onely viz. once in the Term wherein the fine is ingrossed and once in each of the three Terms then next following ☞ Fines to the King I. Magna Chart. 26. 9 H. 3. Nothing shall be given for a Writ of Inquisition nor taken of him that prayeth Inquisition of life or member but it shall be granted freely and not denied First-fruits and Tenths I. Stat. 26 H. 8.3 The first-fruits and profits for one year of every spiritual living is granted to the King which every spiritual person shall pay or secure by bond before his actual possession of his Benefice II. Search for the value of Benefices and composition for the First-fruits thereof shall be made by the Lord Chancellor Master of the Rolls and other Commissioners to be appointed by the King for that purpose and the money and securities taken upon such Compositions made before the Chancellor and Master of the Rolls only shall be paid and delivered unto the Clerk of the Hanaper for which he shall render account as he useth to do for other profits of the Great Seal but being made before other Commissioners shall be paid and delivered unto the Treasurer of the King's Chamber or such other person or persons as the King shall authorize under the Great Seal for that purpose to receive the same III. Acquittances for the receit of any money paid for First-fruits under the hands of the Clerk of the Hanaper Treasurer of the King's Chamber and the Commissioners or any of them shall be a sufficient discharge for the same in any of the King's Courts IV. An obligation for First-fruits shall be of like force as a Statute-staple and no more shall be so taken for such an Obligation then 8 d. and 4 d. for an Acquittance V. The Commissioners shall every six moneths deliver by Indenture unto the Treasurer or other person or persons authorized as aforesaid such money and specialties as they shall receive and in case they do not or do conceal them they shall forfeit their office and be fined at the King's pleasure VI. If any be convicted by presentment verdict confession or witness before the Lord Chancellor or other Commissioners to have entred upon any spiritual living before payment or composition made as aforesaid he shall forfeit the double value of the First-fruits VII All First-fruits heretofore payable to other persons shall be from henceforth paid to the King VIII Provided that Bishops may give institution and induction Notwithstanding this Act. IX A rent of pension out of every spiritual living amounting to the tenth part of the annual value thereof shall be yearly paid unto the King at Christmas and the Collector thereof shall pay them in yearly befor the first of April X. The Lord Chancellor shall appoint Commissioners in every Diocess for the Discovery of the yearly value of every spiritual living there and to make Certificate thereof as also of such deductions as are to be made out of the same which Commissoners shall be aforehand sworn by Dedimus potestatem duely to execute their Commmissions XI Every spiritual person shall be charged for his tenth in the Diocess where he is albeit their possessions ly elsewhere XII Bishops shall be charged with the Collection of all the tenths within their respective Diocesses and shall make payment thereof yearly before the first of April unto the Treasurer of the King's Chamber or other person authorized to receive the same and upon non-payment thereof process shall issue out of the Exchequer against them XIII Bishops shall have power to levy the Tenths by Censures of the Church distress or otherwise and no replevin prohibition supersedeas or other writ or impediment shall be allowed to hinder the same XIV During the vacation of a Bishoprick the Dean and Chapiter shall be charge therewith XV. If tenths being due shall not be paid within 40 days after demand thereof made by the Bishop or his officers the Incumbent so making default after certificate thereof into the Exchequer under the Seal of the Bishop shall be adjudged deprived ipso facto of all such Benefices as he hath at the time of such certificate made or at any time after and the Benfice or Benefices which he so hath shall be adjudged void as if he were dead XVI The Bishop making such certificate shall be discharged of so much as is certified to be unpaid for the recovery whereof process shall issue out of the Exchequer against the Incumbent his Executors or Administrators or rather then the King should lose it against his successor XVII The Acquittances of the Treasurer of the King's Chamber or other Commissioners authorized to receive the tenth and all such certificates as aforesaid shall be allowed in all Courts without further warrant XVIII No Officer of the Exchequer shall take any thing of the Bishop or his Collector for his Account or Quietus est in pain to lose office and to be fined at the King's will XIX They which pay pensions to others out of their spiritual livings may retain the tenth part thereof and shall be therein protected by plea upon this Act. XX. No pension shall be reserved upon the resignation of a Benefice above the value of the third part thereof XXI They who in one Corporation aggregate of many have several and distinct possessions belonging to their respective dignities shall only pay for their own possessions and not for those of others XXII No First-fruits shall be paid for a Benefice being not above the yearly value of 8 marks except the Incumbent live three years after his Induction or Collation thereunto and there shall be an exception inserted in the Obligation that in case he live not out those three years the Obligation shall be void but if he outlive them the First-fruits shall be paid by him his Executors or Administrators XXIII Fees payable by any Bishop or other Prelate for temporal Justice shall be defalked out of the valuation of their several dignities XXIV Stat. 26 H. 8.17 Farmers of spiritual persons shall not be compelled to pay First-fruits or Tenths for their lessors XXV Stat. 27 H. 8.8 Every spiritual person at his entry into specialty for the payment of his First-fruits shall have deduction of the tenth part thereof in respect of the tenth which shall be by him payable that year XXVI Where the last incumbent leaves the tenth unpaid the successor may distrain the said incumbents goods found upon the Benefice and keep them until the Incumbent if living or if dead
said common Goals and not elsewhere And the Sheriffs shall have the Custody thereof and shall be allowed in their accounts by the Barons of the Exchequer the moneys expended by them in repair of the same without any Bill or Warrant of the King to be shewed in that behalf XIV This Act shall not prejudice any person having a common Goal by Inheritance or for life or years XV. Stat. 5 El. 24. The Statute of 23 H. 8.2 is continued for 10 years and shall extend to the Counties of Pembroke Glam Cardig Radnor and Mount gomery XVI 13 El. 25. The Statute of 23 H. 8.2 and 5 El. 24. shall extend to the County of Cambridge and the said Acts shall continue in force 10 years after the 10 years of continuance mentioned in 5 El. 24. XVII Stat. 14 El. Justices of Peace in Sessions or the more part of them have power to tax every Parish in the County but not above 6 d. or 8 d. a piece towards the relief of prisoners which tax the Church-wardens of every Parish shall levy every Sunday and pay it in quarterly to the High-Constable or in a Corporation to the Head-Officer and the High-Constable or Head-Officer shall pay the same at every Quarter-Session to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners XVIII The Church-wardens High-Constables Head-Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5 l. to be divided betwixt the Queen and the prisoners XIX Justices of Peace within the County shall not intermeddle with a Corporation for the execution of this Act But onely the Mayor and Head-Officers of the same XX. Stat. 3 Jac. 10. An offender which is to be conveyed to the Goal shall bear all charges both of himself and of those that guard him XXI If he refuse so to do upon a Warrant from a Justice of Peace The Constable of the Town-ship where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justices shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender XXII If the offender hath no goods to satisfie the charges the the Constables Church-wardens and two or three other honest inhabitants or in case there be no such Officers there four of the Principal Inhabitants of the Parish where he was taken shall make a tax according to which being allowed under the hand of a Justice of Peace every inhabitant shall pay the said charges And upon refusal by Warrant from a Justice of Peace the Constable Tything-man or other Officer hath power to levy the same by distresse and after appraisement by four inhabitants there to sell the same rendring the overplus to the party so refusing XXIII Here if the Officer that distrains be sued he shall plead justification and upon Verdict for him or Non-suit of the Plaintiff shall recover treble damages besides costs of suit Prize Goods I. Stat. 16 17 Car. 2. ca. 6. An Act for repealing part of an Act made this Parliament intituled An Act directing the prosecution of such as are accomptable for Prize-Goods 14 Car. 2. cap. 14. viz. as to any prosecution against all Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Sea-men and Marriners Provided this Act extend not to discharge any others Probat of Testaments * I. Stat. 31 E. 3.4 Bishops shall restrain their Officers from taking excessive fees for Probats of Testaments in pain to have them indicted before the Justices for extortion as hath been heretofore used II. Stat. 21 H. 8.15 Nothing shall be given for the Probat of a Will or Commission of Administration when the goods of the dead exceed not 5 l. save onely 6 d. to the Register Neverthelesse the Judge shall not refuse to prove such a Testament being exhibited unto him in writing with wax ready to be sealed and proved Communi forma but shall dispatch the party without delay III. For the Probat of a Will and all other things concerning the same when the goods of the dead exceed 5 l. but not 40 l. the Judges Fee is 2 s. 6 d. and the Registers 12 d. And when they exceed 40 l. the Judges Fee is 2 s. 6 d. as before and the Registers as much Or the Register may refuse the 2 s. 6 d. and take a peny for ten lines of the Will each line being conceived to contain ten Inches in length And for these Fees they shall dispatch the party without frustratory delay IV. Where there is no Will or the Executors refuse it Administration ought to be committed to the Intestates widow if he left any or to the widow and the next of the kindred or in case he left no widow to one or more of the kindred or in case they look not after it to any creditor or creditors that desire it or in case they also neglect it to any other person or persons at the discretion of the Ordinary who is enjoyned to take security of such Administrators for the due administration of the Intestates goods V. Nothing shall be given for Letters of Administration when the Intestates goods exceed not 5 l. and when they exceed not 5 l. but not 40 l. the Officers Fees are onely 2 s. 6 d. VI. The Executors or Administrators calling to them two or more Creditors or so many of the next of the Kin or in their default two or more neighbours or friends to the dead shall in their presence cause a â—ue Inventory to be made of the goods and shall deliver the same in upon oath unto the Ordinary indented whereof one part shall remain with the Ordinary and the other with the Executors or Administrators VII The Judge or Ordinary shall not refuse to receive an Inventory indented so tendered unto him in Court together with his oath to verifie the same VIII Lands devised to be sold shall not be accompted any of the Testators goods IX The fee for the Copy either of the Will or Inventory is the same with that above allowed for registring of the Will or else the Register mny take a peny for every ten lines of the length as aforesaid X. The Officer that takes more then his due fee shall forfeit that excess to the party grieved and besides 10 l. to be divided betwixt the King and the same party grieved XI This Act shall not alter the custome where less money hath been for probate of Testaments XII The Ordinary may convent Executors to prove the Testators Will and to bring in the Inventory as before notwithstanding this Act. ☞ Process I. Artic. super Cart. 15. 28 E. 1. the summons and attachments of plea of land shall contain 15 dayes except attachment of Assizes in the Kings presence and pleas before Justices in Eyre during the Eyre II. Stat. 5
he should think fit LVI Stat. 33 H. 13. Hope Asaph Hawarden Moldesale Mereford and Osâ—lâ—y shall be reputed to be within the County of Flint as part thereof and not in any other County Howbeit they shall pay their taxes with the Inhabitants of such Shire or Shires as hath been formerly accustomed LVII Also Hope Modesdale Mereford Oseley and Hawarden shall be called the Hundred of Modesdale in the County of Flint and Asaph shall be reputed parcel of the Hundred of Ruthland in the same County LVIII Stat. 34 35. H. 8.26 VVales shall be divided into twelve Counties whereof eight were ancient Counties viz. Glamorgan Caermarthen Pembroke Cardigan Flint Carnarvan Anglesey and Merioneth also four other were made by the Stat. of 27 H. 8.26 viz. Radnor Breknoke Mountgomery and Denbigh besides the County of Monmouth and divers Lordships united to the Counties of Salop Hereford and Glocester LIX The limitations of Hundreds lately made within the said Counties by Commission out of the Chancery and again returned thither shall stand in force except such of the same as have been since altered by any Act and shall be altered by this LX. There shall remain a President and Council in VVales and the Marches thereof with officers and incidents thereunto as hath been used which President and Council shall hear and determine such causes as shall be assigned to them by the King as heretofore hath also been used LXI Sessions shall be kept twice a year in the Counties of Glamorgan Breknoke Radnor Caermarthen Pembroke Cardigan Mountgomery Denbigh Carnarvan Flint Merioneth and Anglesey which Sessions shall be called the Kings great Sessions LXII The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh Flint and Mountgomery for his old Fee of 100 l. per Annum LXIII The Justices of North-VVales shall do the like in the Counties of Carnarvan Merioneth and Anglesey and shall have a Fee of 50 l. per annum LXIV A person learned in the Law to be appointed by the King shall be Justice in the Counties of Radnor Breknoke and Glamorgan and shall likewise hold Sessions twice a year and have for his Fee 50 l. per annum LXV Another such person to be appointed as aforesaid shall be Justice in the Counties of Caermarthen Pembroke and Cardigan and shall hold Sessions and have fee as aforesaid LXVI The said Justices shall have Commissions under the great Seal for their Offices to be executed by themselves or their Deputies LXVII These Justices may hold pleas for the Crown in as large manner as the Lord chief Justice or the other Justices of that Bench may do and also pleas of Assizes and all other pleas and actions real personal and mixt in as large manner as the Chief Justice of the Common Pleas or the other Justices of that Court may do LXVIII They shall also enquire hear and determine all criminall offences whatsoever committed within their several limits and administer common justice to all the Kings Subjects there according to the Laws Statutes and Customs of England and this present Ordinance LXIX The said Sessions shall each of them hold six days as hath been used in North-wales and notice thereof shall be given by Proclamation fifteen days at least before they keep the same LXX Dayes shall be given in all Pleas Plaints Process and adjournments from day to day and Sessions to Sessions at the discretion of the said Justices for the good and speedy administration of Justice LXXI The seal for the three Counties of North Wales viz. Merioneth Carnarvan and Anglesey shall remain in the custody of the Chamberlain of North-Wales The seal for Carmarthen Pembroke and Cardigan with the Chamberlain of South-Wales That for Breknoke Radnor and Glamorgan with the Steward and Chamberlain of Breknoke That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh And that for Flint with the Chamberlain of Chester LXXII The said Stewards and Chamberlains shall with the Seals Seal all Original Writs and Process returnable before the Justices at the Sessions as aforesaid and shall answer the profits thereof to the King But none of them or any Chancellor shall by occasion of keeping such Seals compel any person inhabiting in any of the said 12 Shires to appear before themselves or their Deputies or hear or determine any pleas or causes whatsoever otherwise then as by this Ordinance is limited And such writs and process shall be returned before the said Justices as hath been used before the Justice of North-Wales LXXIII All that shall be Stewards Chamberlains or Chancellors within any of the said twelve Shires having Offices of Receipt Collection or account of any of the Kings Rents Revenues or profits there may direct process under the said Seal being in their charge within the limits of their Authorities against Bailiffs Reeves Farmers and other Ministers accomptant to appear before themselves for any such Rents Revenues Farms or Profit as hath been heretofore used But for nothing else nor to any other person LXXIV The Steward 's also may hold Leets Law-dayes or Court Barons of the Lordships whereof they are Stewards and also pleas by plaint under 40 s. in every such Court-Baron and have and enjoy all authorities and profits thereunto belonging notwithstanding any Law or Custome in Wales to the contrary Howbeit neither they nor Sheriffs shall have power to enquire of Felonies in any such Leet Law-day or Turn Neither shall they keep any Leet or Law-day but in such places where they were used to be kept before the Statute of 26 H. 8.6 So as the place be convenient for the keeping of such Courts LXXV Mayors Bailiffs and Head-Officers of Corporate towns in Wales may hold pleas and determine Actions so as they observe the Laws of England and not Welsh Laws or Customs They may also try issues by six men as in divers places hath been used notwithstanding this Act. LXXVI The King may within seven years dissolve Boroughs in Wales and erect others there by his Letters Pattents LXXVII Officers certain fees appearing in the Kings Letters Pattents shall continue but not their casual fees claimed by colour of their offices any Custome in Wales or this Act to the contrary notwithstanding LXXVIII Each Justice shall also have a judicial seal to seal all bills and judicial processes sued before them in the Sessions whereof the first shall remain with the Justice of Chester for Flint Denby and Mountgomery The second with the Justice of North Wales The third with the Justice of Glamorgan Breknoke and Radnor And the fourth with the Justice of Pembroke Caermarthen and Cardigan Also every such Justice shall accompt and answer to the King the profits of the seal in his custody as shall be hereafter declared And the Teste of every bill and process that passeth under such seal shall be under the name of the Justice that issueth it out as is used in the Common-Pleas in England LXXIX All Actions real