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.
upon such refusal which Jury may upon evidence indict the party refusing as well as if the indictment were preferred in the proper county XXV If any refuse to take this Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both cases both they and their accessaries shall suffer as in case of High Treason But here there shall be no corruption of bloud disheriting of any heir forfeiture of Dower or prejudice to the right of any save onely of the offender during his life and then the party next in reversion or remainder may enter without any Oustreâ—le main to be sued Here also none shall be deemed an accessary for giving of alms in charity to the offender without fraud XXVI This Oath shall be expounded in such form as is set forth in an admonition annexed to the Queen's Injunctions published in the first year of her reign viz. to acknowledge in her Majesty her heirs and successors such authority as was challenged and used by H. 8. and E. 6. and none other XXVII This Act shall be published every Quarter-sessions by the Clerk of the Peace and at every Leet by the Steward there and once every Term in the open hall of every Inns of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XXVIII Every member of the Commons House before he shall have a voice there shall take this Oath before the Lord Steward or his Deputy and if he enter the House before he take it he shall incurre such penalties as he who presumes to sit there without election return or authority XXIX None of or above the degree of a Baron shall be compelled to take this Oath and a Peer offending this Act shall be tried by his Peers XXX Provided that none shall be compellable to take this Oath upon a second tender or be in danger by refusal thereof to incurre the penalty of High Treason save onely Clergie-men Officers of Ecclesiastical Courts or such as shall not observe the rites of Divine service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or hear private Mass XXXI It shall not be lawfull to slay one attainted in a Praemunire XXXII Saving the due execution of every person attainted upon judgment lawfully given by reason of this Statute or otherwise saving all such pains of death or other punishment as heretofore might without danger of Law be done upon any person that shall send or bring into the Queen's Dominions or within the same execute any process against any person from the Bishop or See of Rome XXXIII None shall be hereafter indicted as an accessary for any of the said offences without such sufficient proof as may satisfie the Jury that are to indict him * XXXIV Stat. 13 El. 2. If any shall obtain or put in ure any Bull of absolution or reconciliation from the Bishop of Rome or absolve or be absolved thereby they and their accessaries before the fact shall be adjudged guilty of High Treason XXXV The comforters and maintainers of such offenders shall incurre a Praemunire and their concealers misprision of Treason unless within six weeks they discover them to some of the Privie Council or to one of the Presidents or Vice-Presidents of the Councils established in the North or Marches of Wales XXXVI Provided no person shall be impeached of misprision of treason for any offence made treason by this Act other then such as are hereby declared to be in case of misprision of Treason XXXVII If any shall bring into any of the Queen's Dominions any Agnus Dei Crosses Pictures Beads or any such vain or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire Howbeit if the party unto whom tender thereof shall be made apprehend the party tendring the same and carry him before the next Justice of Peace or not being able so to do within three days after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of Peace within the same County or having received the same doth within one day after deliver it to some such Justice of Peace then shall he not incurre any Prejudice by reason of this Act. XXXVIII A Justice of Peace shall disclose the offences aforesaid to the Privy Council within fourteen days after he shall have notice thereof in pain of incurring a Praemunire XXXIX Here the trial of Peers shall be by their Peers XL. The right of others saved * XLI Stat. 23 El. 1. It shall be high Treason to have or pretend to have power or to put in practice to absolve perswade or withdraw any within the Queen's Dominions from their natural obedience to her Majesty or to withdraw them for that intent from the Religion now established to the Romish Religion and they also who shall be willingly so withdrawn or reconciled as aforesaid together with the procurers and Counsellors of such offenders shall be adjudged guilty of the same offence ☞ XLII Also their aiders and maintainers who do not discover them within twenty days to some Justice of Peace or higher Officer shall be adjudged guilty of misprision of Treason XLIII None shall say or sing Masse in pain to forfeit 200 marks to suffer one year's imprisonment and not to be enlarged thence untill the fine be paid And none shall hear Masse in pain of one year's imprisonment and a hundred marks * XLIV Every person not repairing to Church according to the Statute of 1 El. 2. which see in Service and Sacraments shall forfeit 20 l. for every moneth they so make default and if they so forbear by the space of twelve months after certificate thereof made by the Ordinary into the King's Bench a Justice of Assize Gaol-delivery or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 l. at least to the good behaviour from which they shall not be released untill they shall repair to Church according to the said Statute XLV None shall keep a Schoolmaster which absents himself from Church or is not allowed by the Bishop or Ordinary in pain of 10 l. for every moneth he so keeps him and such Schoolmaster shall be for ever after disabled to teach youth and shall suffer one whole year's imprisonment without bail ☞ XLVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queen's reign touching the acknowledging of her supreme Government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realm shall be inquirable before Justices of Oyer and Terminer Assize Gaol-delivery and Peace in their Circuits
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
the King And herein the Sheriff and all other shall be assistants in pain of imprisonment and great fines making III. Stat. 8 H. 6.9 The Stat. of 15 R. 2.2 shall be duly put in execution both against forcible entry and against forcible detainer although it were after Peaceable entry and all this at the costs of the party grieved IV. When complaint of any such entry or detainer shall be made to any Justice or Justices of Peace he or they by precept shall command the Sheriff to summon a sufficient Jury and having by them made inquiry of the force committed shall cause the tenements to be seized and that as well in the absence as presence of the party offending And here the alienation of tenements so entred into or detained by force for maintenance shall be adjudged void V. If the Jurors make default issues are to be set upon them by the Sheriffs thus 20 s. upon the first Precept 40 s. upon the second 100 s. upon the third and for every default after the double VI. The Sheriff or Bailiff that shall neglect his duty herein shall forfeit 20 l. to be recovered against him as well before the Justices aforesaid as before Justices of Assize by indictment or bill and to be divided betwixt the King and the prosecutor VII In an Assize of novel disseisin or action of trespass against the party guilty of forcible entry forcible detainer and alienation as aforesaid the party grieved shall recover treble damages VIII Head-officers and Justices of Peace of Corporations have like power within their Franchises that other Justices of Peace have within Counties IX This Statute shall indamage none where peaceable possession hath been injoyed by the space of three years X. Stat. 31 El. 11. There shall be no restitution upon an indictment of forcible entry or detainer where the Defendant hath been three years next before in quiet possesson and his estate therein not ended XI Stat. 21 Jac. 15. Upon force or detainer as aforesaid a Justice or Justices of Peace have power to give restitution of possession as well unto tenants for years by Elegit Statute-merchant or Staple Copiholders or Guardians by Knights-service as unto those that claim free-hold or inheritance ☞ Forests Chases Parks and Warrens I. Charta forestae Cap. 1. 9 H. 3. All Forests afforested by H. 2. shall be viewed by lawful men and if he hath afforested any other Woods then his own in Demesne whereby any is prejudiced they shall be dis-afforested saving Common of herbage and other things within the Forest to such as have been accustomed to injoy them II. Cap. 2. None dwelling out of the Forest shall come before the Justices of our Forest by common summons unless they be impleaded there or be sureties for others that are attached for the Forest III. Cap. 3. All woods made forest by R. 1. or King John shall be dis-afforested unless they be our demesne woods IV. Cap. 4. All freeholders having woods in Forests shall enjoy them as they did in the Coronation of H. 2. acquitted of all purprestures wasts and asserts made before the second year of the Coronation of H. 3. and they that make them hence forward shall be answerable to the King for the same V. Cap. 5. Rangers of the Forests shall exercise their offices as was used at the Coronation of H. 2. and not otherwise VI. Cap. 6. Lawing of Dogs shall be made in Forests from three years to three years by the view and testimony of lawful men and not otherwise and he that hath not his dog lawed shall be amercied 3 s. also no ox shall be taken for lawing of dogs and it shall be done by the usual Assize viz. that three claws of the fore-foot be cut off by the skin Howbeit such lawing shall not be but where it hath been used from the Coronation of H. 2. VII Cap. 7. No Foster or Beadle shall make Scotal or gather Garb Oats Corn Lamb or Pig but by the sight and oath of the 12 Rangers when they shall make their Range And there shall be so many Rangers assigned for the keeping of Forests as shall seem reasonably sufficient for the same VIII Cap. 8. There shall be onely three Swain-motes in the year viz. one 15 days beore Michaelmas another about Martinmas and the third 15 days before Midsummer at the first two of which none shall appear by distress but the Fosters Verdors and Gest-takers and at the other onely the Fosters and Verdors Howbeit the Fosters and Verdors shall meet every forty days to see the attachments of the Forests as well for Green-hue as hunting And the Swain-motes shall not be kept but in the Counties where they have been used to be kept IX Cap. 9. Every one having a Wood in the Forest may agest it and take his pawnage there at his pleasure he may also drive his hogs through the King's Wood or elsewhere for that purpose and if they lie all night in the Forests he shall not be questioned for it X. Cap. 10. None shall lose life or member for killing of Deer but shall be fined for it if he have any thing if not he shall be imprisoned a year and a day and if he can find good sureties shall then be delivered but if not he shall abjure the Realm XI Cap. 11. A Peer of the Realm being sent for by the King in coming and returning may kill a Deer or two in the Forest through which he passeth Howbeit it must not be done privily but by the view of the Foster if present but if absent by causing one to blow a horn for him lest he seem to steal the Deer XII Cap. 12. Every freeman may within the Forest upon his own ground make a Mill Spring Pool Marl-pit Dike or arable ground without mclosing such arable so it be not to the nusance of any of his neighbours XIII Cap. 13. Every free-man may have his Ayries of Hawks Eagles and Herons and also Honey found in his Woods within the Forest XIV Cap. 14. No Chimage or toll shall be taken in Forests but by a Forester in see that farms his Bailiwick and onely of such as buy their bushes timber bark or coal to sell it again viz. 2 d. for a cart and 1 d. for an horse to be taken half yearly and it shall onely be taken where it hath used to be taken and not elsewhere neither shall any chimage be taken of such as carry burthens of bushes bark or coal albeit they sell it unless they take them out of the King 's Demesne Woods XV. Cap. 15. All persons out lawed for trespass in Forests since H. 3 shall be released finding sureties to offend no more XVI No Constable Castellain or Bailiff shall hold pleas of Forest for Green-hue or hunting but the Forester shall attach such pleas and present them to the Verdors of the Provinces who shall inroll them and present them inclosed under their seals unto the Chief Justice
an hundred of salt fish 4 d. and for a last of Sprats 8 d. And of one not priviledged for a last of hering 2 s. 4 d. for an hundred of salt fish 4 d. and for a last of Sprats 8 d. as they did before Hundreds I. Artic. super Chartas 14 28 E. 1. Bailiwicks and Hundreds shall not be let to farm at over great summs whereby the people may be over-charged by making Contributions to such Farms ☞ Hunters and Hunting * ☞ I. Stat. 13 R. 2.13 No lay-man who hath not lands of 40 s. per annum nor Clerk who hath not 10 l. revenue per annum shall have or keep any Grey-hound Hound Dog Feret Net or Engine to destroy Deer Hares Conies or any other Gentleman's game in pain of one whole years imprisonment which Justices of Peace shall have power to inflict II. Stat. 19 H. 7.11 None shall keep any Deer-hays or Buck-stalls save in his own Forest or Park in pain to forfeit for every moneth they are so kept 40 s. neither shall any stalk with any bush or beast to any Deer except in his own Forest or Park in pain of 10 l. III. None shall take an old Heron without his own ground in pain of 6 s. 8 d. nor a young Heron in pain of 10 s. for which forfeitures every man that will may sue by Action of debt or otherwise ☞ IV. Any two Justices of Peace in Sessions may examine the Offendors aforesaid and commit them to prison till they have satisfied the said forfeitures whereof the said Justices are to have the tenth part ☞ * V. Stat. 14 15 H. 8.10 None shall trace destroy or kill any Hare in the snow And Justices of Peace in Sessions and Stewards in Leets have power to inquire of such Offenders and shall assess upon every such Offender 6 s. 8 d. which penalty assessed in Sessions shall go to the King but in a Leet to the Lord thereof * VI. Stat. 3 Jac. 13. None shall without the owners licence kill or chase any Deer or Conies in any Parks or inclosed grounds in pain to suffer three moneths imprisonment to pay treble dammages to the party grieved to be assessed by the Justices before whom he shall be convict after the said 3 moneths expired and to be bound with 2 good sureties to the good behavior for 7 years after or to reman still in prison till he find such sureties but here the party grieved being satisfied hath liberty to release the behavior ☞ VII Justices of Oyer and Terminer Assize and Peace in Sessions have power to hear and determine these offences and Justices of Peace in Sessions upon confession and satisfaction to the party grieved have power to release the behavior VIII If any person not having 40 l. per annum in lands or 200 l. in goods or some inclosed ground used for Deer or Conies worth 40 s. per annum at least shall use any gun bow or cross-bow to kill any Deer or Conies or shall keep any buck-stall feret dog net or other engine it shall be lawful for any person having lands worth 100 l. per annum to take such gun c. from any such person and to convert the same to his own use IX This Act shall not extend to any Park or inclosed ground hereafter to be made or used for Deer or Conies without the King's license X. Stat. 7 Jac. 13. It shall be in the election of the party grieved whether he will take for satisfaction 10 l. in money or treble dammages as by the Statute of 3 Jac. 13. is limitted * XI Stat. 13 Car. 2. ca. 10. None shall unlawfully course kill hunt or carry away any Deer in any Forest Chace Purlieu Wood Park or other ground where Deer have been usually kept within England and Wales without the consent of the owners or party chiesly trusted with the custody thereof or be aiding or assisting therein upon pain being convicted by confession or one witness before any Justice of the Peace within 6 moneths after the offence of 20 l. to be levied by distress by warrant of the said Justices one moiety to the informer the other to the owner of the Deer and for want of distress to be committed for 6 moneths to the house of Correction or common Gaol for one year and not discharged till sufficient sureties be given for their good behavior XII Provided that upon punishment by this Statute the penalty of no other law be incurred ☞ Husbandry I. Stat. 4 Jac. 11. The Owners and Farmers of lands in Marden Bodenham Wellington Sutton S. Michael Sutton S. Nicholas Murton upon Lugge and Pipe in the County of Herreford may inclose some part thereof with divers other provisions for the better improvement of those places For which see the Statute at large II. Stat. 7 Jac. 18. All persons within Devon and Cornwal may fetch sea-sand for the bettering of their land III. Boat-men may fetch sea-sand and cast it out of their boats where it hath been used to be landed and carry the same thorow usual wayes See the Statute IV. Stat. 15 Car. 2. ca. 5. Vid. Trade Identitate nominis I. Stat. 37 E. 3.2 IF the Lands Goods or Chattels of any person outlawed for want of a good declaration of his Sirname shall happen to be seized by any of the King's Officers he may have a writ of Identitate nominis to discharge them as hath been used in times past And in such case the Officer shall take security without fee of the party to answer to the King the value of the thing so seized if he cannot discharge them and if the Officer be attainted of doing otherwise he shall pay double dammages to the party grieved and be also grievously punished to the King II. Stat. 9. H. 6.4 A writ of Identitate nominis shall be maintainable by executors as well as by the testator himself if he were living Jeofaile I. Stat. 32 H. 8. cap. 30. After an issue tried there shall be judgment given netwithstanding any Jeofaile or mispleading II. Stat. 18 El. 14. After Verdict given in any Court of Record there shall be no stay of judgment or reversing thereof for want of form in any writ original or judicial Count Declaration Plaints Bill Suit or Demand or for want of any writ original or judicial or by reason of any imperfect or insufficient return of the Sheriff or other Officer or for want of any warrant of Attorney or for any default in progress upon or after Ayd prayer or Voucher III. This Act shall not extend to any writ declaration or suit of appeal of felony or murther or to any Indictment or presentment of felony murther treason or other matter or to any process upon any of them or to any writ bill action or information upon any penal Statute IV. Provided that all Attorneys in any suit in a Court of Record shall deliver in the Warrant of Attorney in such suit to be entred
Tile before the first of March and shall likewise be tryed and severed from stones malne marle and chalk II. A plain Tile shall contain in length ten inches and an half in breadth six inches and a quarter and in thickness half an inch half a quarter at least A roof or cross-tile in length thirteen inches and in thickness as before with convenient deepness accordingly a gutter and a corner-tile in length ten inches and an half with convenient thickness breadth and deepness III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by Action of debt and besides shall make fine and ransom at the Kings will IV. Justices of Peace shall hear and determine these defaults and effences as well at the suit of the King as of the party grieved and shall not set less fine upon an offender against this Act then after the rate of 5 s. for every thousand of plain Tile 6 s. 8 d. for every hundred of roof-tile and 2 s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in pain to forfeit to the King for every default 10 s. and shall have of every Tile-maker for such search after the rate of 1 d. for every thousand of plain Tile ob for every hundred of roof-tile and qu. for every hundred of corner and gutter-tile and shall make presentment of all defaults found at the next Sessions which shall be as effectual in Law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of Peace have also power to hear and determine in the defaults of the said searchers Tindale Ridesdale and Examshire I. Stat. 2 H. 5.5 If any person of Tindale or Examshire commit any murder treason manslaughter or robbery or consent thereunto out of the said Franchises Process shall be made against him until he be outlawed and after outlawry returned the Justices before whom it is so returned shall make certificate thereof to the Ministers of the said Franchises who shall take such Felons and seize their lands and tenements into the hands of the Lords of the same Franchises as forfeit but their lands and tenements out of those Franchises shall be seized to the use of the King and other Lords having Franchise there as forfeit saving to the King the forfeitures of such offenders which to him belong in right of his Crown II. Stat. 9 H. 5.7 The Statute of 2 H. 5.5 made against offenders in Tindale and Examshire shall be extended against the like offenders in Ridesdale III. Stat. 11 H. 7.9 The North and South-Tindale and all the lands within the same shall be guildable and parcel of the County of Northumberland and no Franchise shall be there but all the Kings Writs and Officers shall be there obeyed IV. None shall demise any lards for years life or at will there but the Lessor shall before find two sureties having at least 40 s. per annum within the County of Northumberland to be bound by Recognisance in 20 l. to the King to make answer within 8 days warning to all such offences as aforesaid And the Lessor shall forfeit 40 s. for every acre otherwise let to the King and Justices and such Lease shall be void The Justices of Peace also shall inquire of such Recognisances forfeited See the Statute at large ☞ Tithes * I. Stat. pro Clero 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge saving to him his right II. Stat. 1. R. 2.14 Where in an Action of goods carried away the Defendant maketh his title for Tithes due to his Church in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel III. Stat. 5. H 4.11 The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes where the lands in farm do lie notwithstanding they be seised into the Kings hands or any prohibition made to the contrary ☞ IV. Stat. 27. H. 8.20 If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace 1. qu. of any contumacie or misdemeanour committed by a Defendant in any suit there depending for Tithes the said Justices shall commit such Defendant to prison there to remain till he shall find sufficient surety to be bound before them by Recognisance or otherwise to give due obedience to the Process Proceedings Decrees and Sentences of the said Court V. This Act shall not extend to any Citizen of London neither shall it restrain any person from having their defence and remedy according to the Ecclesiastical Laws and the Laws and Statutes of this Kingdom VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint shall have established the Ecclesiastical Laws for the Church of England after which time Tithes shall be paid according to those Laws and not otherwise * VII Stat. 28 H. 8.11 The year in which the first-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice and the Tithes and other profits of any such Benefice arising during the time of the vacation shall belong to the Presentee or his Executors towards payment of the first-fruits which if any Archbishop Bishop or other hinder him to have he shall forfeit the treble value thereof to be divided betwixt the King and such incumbent Howbeit such Archbishop Bishop Ordinary or other officer shall be allowed the charge of the Cure and of inning Tithes and other profits VIII Here also the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands IX But the successor upon a months warning shall have the Parsonage-house and the Glebe not sowen X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate the next incumbent shall do it within 14. days after his induction ☞ XI Stat. 32 H. 8.7 All persons shall duly set forth and pay all Tithes and Offerings according to the custom of the places where they grow due XII If Tithes or Offerings be not so set out and paid the party grieved may convent him that so detains them before the Ecclesiastical Judge who hath power to hear and determine the matter in question ordinarily or summarily according to the Ecclesiastical Laws and to give sentence thereupon accordingly XIII Here if any of the parties appeal the Judge upon such appeal shall adjudge to the other party reasonable costs and compel the Appellant to satisfie them by Process and censures Ecclesiastical taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him
XIV If any person after such sentence given refuse to pay the Tithes or sums of money so adjudged then two Justices of Peace 1. Qu. shall upon certificate thereof from the Judge commit the party so refusing to the next Goal there to remain until he have found sureties to be bound by Recognisance or otherwise before the same Judge to the King to perform the said sentence XV. Howbeit none shall be thereby compelled to pay Tithes for lands or other hereditaments which by the Laws and Statutes of this Realm are discharged and not chargeable with the payment of Tithes Neither shall it extend to the City of London or the Suburbs thereof XVI In all cases where any person who hath any estate of inheritance free-hold term right or interest in any Parsonage Vicarage or other Ecclesiastical profit which now be or hereafter shall be made temporal and admitted to be and abide in temporal hands and to lay-uses by the Laws and Statutes of this Realm shall happen to be hereafter outed or otherwise wronged from or concerning the same he or she shall have remedy for the same in the Kings temporal Courts or other temporal Courte as the case shall require by Writs of Praecipe quod reddat Assize of Novel disseisin Mortdancester quod ei deforciat Writs of Dower and other Original Writs as the case shall require in like manner as for lands tenements and other hereditaments in such manner to be demanded XVII Also Writs of Covenant and other Writs for fines to be levied and all other assurances to be had and made of Parsonages Vicarages and other profits called Spiritual shall be devised and granted in Chancery as hath been used for fines and assurances of other lands Likewise all Judgements given and Fines levied for and of such Parsonages c. shall be of like effect as Judgments given and Fines levied of other lands XVIII Howbeit remedy for Tithes or offerings shall be had in the Ecclesiastical Court and not in temporal Courts as above by this Act is provided XIX Stat. 37 H. 8.12 A confirmation of a Decree made by Thomas Archbishop of Canterbury and others there named for the payment of tithes in London See the Statute and Decree at large * XX. Stat. 2 3. E. 6.13 The Statutes of 27 H. 8.20 and 32 H. 8.7 are confirmed And every person shall without fraud yield and pay all predial Tithes as hath been used within 40 years before the making of this Act or of right or custom they ought to have been paid XXI None shall take or carry away any tithes paid or that ought to have been paid as aforesaid before he hath justly divided and set forth for the tithe thereof the tenth part of the same or otherwise agreed for the same tithes with the Parson Vicar or other owner Proprietor or farmer thereof in pain to forfeit the treble value of the tithes so taken or carried away XXII At Tithing time it shall be lawful for the Owner claiming such predial tithes his Deputy or servant to see his said tithes be truly set out and severed from the nine parts and the same quietly to take and carry away XXIII If any person carry away his Corn Hay or other predial tithes before they be set out or willingly withdraw his tithes of the same or of other things whereof predial tithes ought to be paid or do let such owner to view take and carry away his tithes as aforesaid by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing letting or stopping shall pay the double value of the tithe so taken lost withdrawn or carried away besides costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical Laws XXIV Tithe of Cattel feeding in a Waste or Common where the Parish is not known shall be paid by the owner of such Cattel in the place where he dwells XXV None shall be compelled to pay tithes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition reall XXVI Barren heath and waste ground other then such as be discharged from tithe by Parliament which hath heretofore paid no tithes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of seven years next after such improvement pay tithes Or if they yielded some small tithe before the improvement they shall only pay that same small tithe during the first seven years but afterwards shall pay the full tithe according to such improvement XXVII Every person exercising Merchandize buying and selling or any other art or faculty being such persons and in such places as heretofore within 40 years have used to pay personal tithes or of right ought to have paid them and not day-labourers shall yearly at or before Easter pay for his personal tithes the tenth part of his clear gains reasonable charges and expences being deducted XXVIII Handy-craft men having used to pay tithes within 40 years shall still pay them XXIX The Ordinary hath power to examine him that refuseth to pay his personal tithes by any lawful means otherwise then by his own oath concerning the payment of such tithes XXX Offerings shall be paid in the place where the party dwells at such four offering dayes as heretofore within the space of four years last past have been used for the payment thereof but in default thereof at Easter XXXI Parishes that stand upon or towards the Sea-coasts the commodities whereof consist much in fishing shall pay their tithes as they have done within 40 years and their offerings as aforesaid XXXII This Act shall not extend to London or Canterbury or their Suburbs nor to any other Town or place where the Inhabitants have used to pay tithes by houses XXXIII Suits for substracting or withdrawing of tithes and other profits Spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or prohibition hanging to excommunicate the party disobeying the Sentence and if he stand excommunicate 40 days to certifie the excommunication after publication thereof at the place or Parish where such party dwels into the Chancery and thereupon to require Process De excommunicato capiendo to be awarded against the person so excommunicate XXXIV Before a Prohibition shall be granted the party Plaintiff therein shall bring a true copy of the Libel exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the same party and thereunder shall be written the suggestion whereupon the party demanded such prohibition and the Libel thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by two sufficient witnesses within six months next after such
need be assemble and meet together for the better execution of this Statute and some four or five dayes before their meeting shall by warrant command the Constables and Tything-men of every Hundred Town and Hamlet being assisted with other sufficient men to make a general privy search in one night within their several Precincts for the finding and apprehending of Rogues c. and such as shall be found to bring them to the said meeting to be examined punished or sent to the house or houses of correction there to be set to work XXIX The said Constables and Tything-men shall appear at the said meeting and there give an accompt upon oath in writing under the Masters hand testifying the Rogues c. they have taken in the last search or since the last meeting and how many have been punished or otherwise sent to the house of Correction Which if they neglect to do or safely to convey such to the house of Cortection as by the said Justices Warrant shall be committed thither they shall incur what fine the said Justices shall please to set upon them so it exceed not 40 s. XXX The Governors of the Houses of Correction shall have such a sum of mony yearly as shall be thought fit by the more part of the Justices of Peace in Sessions the same to be paid quarterly before-hand by the Treasurers of the County the Governors giving security for their continuance in the said service XXXI If any lewd woman have a Bastard which may be chargeable to the Parish the Justices of Peace shall commit her to the house of Correction there to be punished and set to worke one whole year And if she offend again then is she to be committed again there to remain till she put in good sureties for the good behaviour and not to offend so again XXXII Persons running away and leaving their charge to the Parish shall be deemed and punished as incorrigible Rogues And those that threaten so to do it being proved by two witnesses upon oath before two Justices of Peace of the same division shall be by the same Justices sent to the house of Correction there to be punished as sturdy Rogues unless they put in sufficient Suteties to discharge the Town and not to be delivered but at such a meeting as aforesaid or in open Sessions XXXIII If the Governors shall not every Quarter-Sessions yield to the said Justices a true account of all such persons as shall be committed to their custody or if they suffer any within their charge to make escape or to be troublesom to the Country by going abroad or otherwise they shall incur what fine the same Justices in Sessions shall think fit to impose upon them XXXIV All Fines which shall accrue by this Act other then those already limited shall be paid to the Treasurers of the County and by them be accounted for XXXV See Title Poor Numb XLV and XLVI Vestry-men Vid. Religion Numb XXIII ☞ Victual Victuallers Inholders and Hostlers * I. Stat. 12 E. 26. No person in any City or Burrough which by reason of his Office ought to keep the Assizes of Wine and Victuals as long as he shall be attendant upon his office shall buy or sell Wines or Victuals in pain to forfeit the same to the Kings whereof the prosecutor shall have the third part of the King's gift * II. Stat. 23 E. 3.6 All Butchers Fishmongers Regrators Hostlers Brewers Bakers Poulterers and all other sellers of Victuals shall sell the same at reasonable prizes and for moderate gain in pain upon proof of the contrary before the Sheriff or the Kings Bailiffs or before the Constables of the place by the evidence of two true men to forfeit the double value thereof to the party damnified or in his default to him that will sue for the same And all Majors and Head-officers of Corporations have like power and upon neglect of their duty herein shall forfeit the treble value thereof to the party or prosecutor as aforesaid and besides shall incur a fine to the King to be imposed by the Justices to be assigned by the King * III. Stat. 31 E. 3.10 Every man that bringeth victual to London may freely sell the same without the interruption or impeachment of any IV. The Mayor and Aldermen of London may rule and redress the defaults of Fishmongers Butchers and Poulterers as they do of such as sell beer ale or wine notwithstanding any Franchise Statutes Custome or other priviledg to the contrary And they shall put the same in due execution upon the pain ordained by the Statute of 28 E. 3.10 which see in London * V. Stat. 6 R. 2. Stat. 1.9 No Victualler in London or any other City Burrough or Port of the Sea shall exercise any judicial office there and in case any be chosen in the places aforesaid in such office he shall forbear to use victualling during the time he exerciseth such office in pain to forfeit the victuals sold VI. Stat. 6 R. 2.10 Aliens being in amity with the King and Realm may bring in victual and sell the same in gross or by retail without the impeachment of any See Stat. 11 R. 2.7 1 H. 4.17 14 H. 6.6 * VII Stat. 7 R. 2.11 All Vintners and Victuallers as well Fishmongers as other comming with their victuals to London shall be under the governance of the Mayor and Aldermen of that City as hath been heretofore used * VIII Stat. 13 R. 2.8 Victuallers shall sell their victuals at such reasonable prizes as shall be set down by the Justices of Peace in two of their Sessions to be holden betwixt Easter and Michaelmas in pain to be punished at the discretion of the said Justices where no pain is already limited in certain IX And here Sheriffs Stewards Mayors Bailiffs and all others which have power to keep Assize of Bread and Ale shall take no fine or Amerciament for any default touching the Assize for which the offender ought by Law to have bodily punishment * X. Stat. 23 H. 6.13 Justices of Peace shall twice every year cause all Statutes concerning Victuallers before this time made to be openly proclaimed in Sessions * XI Stat. 12 E. 4.8 No person other then Mayors Bailiffs Lords of Leets or others in point of Charter shall execute any office of searching or surveying of Wine Ale Beer or any other â—â—tual or of the correction of breaking the Assize thereof in pain 〈◊〉 forfeit 40 l. to be divided betwixt the King and the prosecutor And all Letters Pattents of the King granted for that purpose shall be void * XII Stat. 3 H. 8.8 When a Victualler in a City or Corporation is chosen to bear an Office by reason whereof he ought also to have the Assizing of victual during that time two other being no victuallers shall be joyned and sworn with him truly to assess and set prizes and assizes of victual there and they shall be sold accordingly but here the Officers
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
thereupon had if need be * II. Stat. 18 H. 18. No Captain shall detain any part of his Souldiers wages in pain to forfeit to the King 20 l. for every Spear-man and 10 l. for every Bow-man III. Howbeit if they have been waged half a year the Captain may detain 10 s. for the gown of a Gentleman and 6 s. 8 d. for that of a Yeoman * IV. Stat. 18 H. 6.19 It is felony for a Souldier retained to serve the King in his Wars not to go with or to depart from his Captain without licence V. Officers shall arrest souldiers who within the term limited come on this side the Sea without letters testimonial of their Captain and shall retain them until the cause of their return be tried VI. Justices of Peace have power to hear and determine those offences Vide Co. 6.27 VII Stat. 7 H. 7.1 A Captain which shall not have the whole number of his souldiers or not pay them their due wages within six daies after he shall have received them shall forfeit all his goods and chattels and suffer imprisonment VIII It is felony for a souldier retained to depart from his colours without licence for which he shall not enjoy the benefit of his Clergy IX Justices of the Peace have power to enquire hear and determine of this offence of departing without licence and the trial thereof shall be in the same County where the souldier is apprehended X. This Act shall not be prejudicial to Captains when souldiers die or otherwise depart without any default of theirs so that they therewith acquaint at land the Treasurer of the wars within ten daies after or at Sea the Admiral at their next meeting with him But Quaere whether this Statute survived H. 7. XI Stat. 3 H. 8.5 This Act is in all parts the same with 7 H. 7.1 save onely that it shall not extend to Captains and souldiers in Barwick Wales Calice or other places in France nor to Captains having under them retinue of souldiers or for non-payment of the King's wages to Captains houshold-servants Quaere also whether this survived H. 8. * XII Stat. 2 and 3 E. 6.2 A souldier that makes away his horse or arms proof thereof being made before the chief Commander shall suffer imprisonment without bail untill he hath satisfied the party at whose charge he was sent out XIII If such a souldier escape from the Army without punishment he shall be liable to the same to be inflicted upon him by any Justice of Peace in those parts where he shall be apprehended unless he bring sufficient testimony from the Commander that the horse or arms were otherwise lost or imployed in the King's service XIV It is felony without benefit of Clergy for a souldier retained to depart without licence of his Commander whereupon Justices of Peace may proceed as in case of felony XV. The Commissioner or Captain that licenseth any person retained and assumeth another for gain or which giveth to any licence to depart without warrant from the Commander shall forfeit 20 l. to the King for every person so let go XVI The Lievtenant-General or other Officer that receives more wages for souldiers then there is cause and doth not every moneth by a note in writing acquaint the Treasurer of the Army with every souldier 's entry into pay death or departure shall forfeit 5 l. to the King suffer one moneth 's imprisonment and lose his place XVII None but the Commander shall license any in pain of imprisonment both of the licenser and licensed at the discretion of the said Commander XVIII The Lievtenant-General shall command this Act to be proclaimed in the Army once every moneth and every Governour in his fortress once every three moneths XIX Every person which shall inform the Lievtenant of any of these offences shall have a moneths pay belonging to him that is faulty XX. This Act shall not prohibit officers to retain yearly 6 s. 8 d. for the Coat of a Yeoman and 12 s. 4 d. for the Coat of a Gentleman neither shall it be prejudicial unto them when the lack of souldiers is not through their default nor when they have under them a retinue of souldiers or for non-payment of the King's wages to their household-servants neither shall it extend to prohibit relief of tenants or friends toward service in war or the detaining of souldiers wages upon lawful causes ☞ XXI Stat. 43 E. 3. The more part of the Justices of P. yearly in their Easter-Sess have power to charge every Parish towards a weekly relief of maimed souldiers and Mariners so that no Parish pay weekly above 10 d. nor under 2 d. nor any County which consists of above 50 Parishes pay above 6 d. one Parish with another which summs so taxed shall be assessed in every Parish by the Parishioners or in their default by the Church-wardens and Constables or in their default by the next Justice or Justices of Peace XXII The Constables and Church-wardens of every Parish have power to levy the tax of every person refusing to pay it by distress and sale and in their default the said Justice or Justices next adjoyning XXIII The tax being thus levied the Constables and Church-wardens shall deliver it quarterly ten daies before every Quarter-Sess to the High-Constable of their Division who shall deliver it over to the Treasurers of the County at the same Quarter-Sessions XXIV The Treasurers shall be Subsidy-mer◠viz. of 10 l. in lands or 15 l. in goods and shall not continue in their office above one year rendring up their accounts yearly at Easter-Sessions or within ten daies after to their Successors XXV The Officer his Executors c. that fails in payment of the summs levied shall forfeit viz. the Church-wardens or Constables 20 s. and the High-Constables 40 s. which the Treasurers have power to levy by distress and sale in augmentation of their stock XXVI The Treasurer or his Executor c. that hath been negligent to execute his office or to render an account within the time above limited shall be fined by the Justices of Peace in the Sess 5. l. at least XXVII The maimed Souldier or Mariner which was prest shall repair if he be able to travel to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three years at his election but if he be not able to travel then to the Treasurers of the County where he lands XXVIII He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seal of the chief Commander or of the Captain under whom he served containing the particulars of his hurts and services which Certificate shall be also allowed by the Muster-master or the Receiver-General of the Muster-rolls under one of their hands XXIX Upon such a Certificate the Treasurers aforesaid may allow him relief to maintain him
II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority and that the same having made several alterations prejudicial to the ancient rights of Parliament and contrary to the laws of the land and by experience is found inconvenient doth repeal and adnull the said recited Act to all intents and purposes whatsoever III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops Bishops or persons therein named but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same IV. Proviso and enacted that it shall not be lawfull for any Arch-Bishop Bishop Chancellor or other Ecclesiastical Judge Officer or person having or exercising spiritual or Ecclesiastical jurisdiction to tender or administer unto any person whatsoever the oath Ex officio or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess or accuse or purge him or her self of any criminal matter or thing whereby he or she may be liable to censure or punishment V. Proviso Not to give any other jurisdiction to any Arch-Bishops c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament or established by the Laws as they stood in the year 1639. ☞ Cross-bows and Hand-guns * I. Stat. 33 H. 8.6 None shall shoot in or keep in his house any Cross-bow Hand-gun Hagbut or Demihake unless his lands be of the value of 100 l. per annum in pain to forfeit 10 l. for every such offence II. None shall shoot in or have any Hand-gun under the length of one yard nor Hagbut or Demihake under the length of three quarters of a yard in pain to forfeit 10 l. And it shall be lawfull for any man having lands of 100 l. per annum to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute but then he ought to break them within 20 days after in pain of 40 s. III. None shall travell with a Cross-bow bent or Gun charged except in time of war or shoot within a quarter of a mile of a City Borough or Market-Town except for the defence of himself or his house or at a dead mark in pain of 10 l. IV. None shall command his servant to shoot in any Gun or Cross-bow except at a dead mark or in time of war in pain of 10 l. V. The penalties abovesaid shall be divided betwixt the King and the prosecutor VI. Howbeit the followers of Lords Spiritual or Temporal Knights Esquires Gentlemen and the inhabitants of Cities Burroughs or Market-towns may keep in their houses and use to shoot but at a dead mark onely with Guns not under the lengths abovesaid so may the Owner of a Ship for the defence of his Ship and also he that dwells two furlongs distant from a Town or within five miles of the Sea-coast and this last may shoot at any wilde beast or fowl save onely Deer Heron Shovelard Fesant Partridge wild Swan or wilde Elke VII Those which have power from the King to take away Guns and Cross-bows in Forests Parks and Chases may retain the same notwithstanding this Act so likewise may Smiths and Merchants that make or sell them the several lengths abovesaid being duly observed ☞ VIII It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace who upon due examination and proof shall have power to commit him to prison there to remain till he hath satisfied the penalty which in this case shall be divided betwixt the King and the party that so takes the offender IX Every Placart granted by the King which expresseth not at what beasts or fowl the Grantee shall shoot and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other shall be adjudged void X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences XI When the conviction is in Sessions the whole forfeiture is to be levied to the King's use when in a Leet the one half is the King 's and the other half ought to be divided betwixt the Lord and the prosecutor XII Here if a Jury shall willingly conceal any thing the Justices or Steward have power to impannel another Jury by whom if the first Jury be found guilty of concealment they shall forfeit 20 s. a piece viz. to the King if it be in Sessions but if in a Leet then the one half to the Lord and the other half to the prosecutor XIII Forfeitures arising by this Act shall be sued for viz. by the King within one year and by a common person within six months otherwise they shall be lost XIV A servant upon command may use his Master's Cross-bow or Gun not prohibited by this Act so as he shoot at no fowl Deer or other game and may also by a license in writing carry it to any place to be mended * ☞ XV. Stat. 2. 3. E. 6.14 None under the degree of a Baron shall shoot in any Hand-gun within any City or Town at any fowl whatsoever or with any hail-shot in pain of 10 l. and 3 months imprisonment XVI This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6 so that they forbear to use any hail-shot and all other that presume to shoot shall present their own names viz. in a Corporation to the Mayor or Head-officer and in the County to the next Justice of Peace in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor Crosses I. West 2.33 13 E. 1. Lands where Crosses be set with purpose that the tenants thereof should defend themselves against the chief Lord or Lords by the Privileges of Templars and Hospitallers shall be forfeited as lands aliened in Mortmain ☞ Crown I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France II. Stat. 7 H. 4.2 The Crown of England and France were intailed to the King and his four sons by name III. Stat. 35 H. 8.1 The Crown of England is intailed to the King's daughter the Lady Mary the remainder to the Lady Elizabeth the
accomplished the age of 16 years doth still continue a Recusant his lands shall not be freed until he do conform and take the Oath of Supremacy as aforesaid XCIII A third part of every Recusant's lands shall remain clear unto him from seizure or extent and the other two parts shall remain in the King's hands both before and after the Recusant's death until the King shall be fully satisfied all the arrearages for the 20 l. a moneth according to 23 El. 1. * XCIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in pain of 100 l. and they which are so sent shall be incapable as to themselves onely of any grant or inheritance due unto them or to others for their use * XCV If a woman or child under the age of 21 years be suffered to pass the Seas without the license of the King or of six of the Privy Council under their hands except Sailors Ship-boys or Merchants Factors or Apprentices the Officers of the â—orts shall forfeit their Offices and all their goods the owner of the Ship his Ship and Tackle and every Master or Mariner of or in the Ship all their goods and also suffer a year's imprisonment without bail * XCVI None out of the Universities shall keep School except a Free-School or in some person's house that is no Recusant or by license of the Bishop or Ordinary in pain to forfeit 40 s. a day XCVII The forfeitures of this Act shall be divided betwixt the King and the prosecutor * XCVIII Stat. 3 Jac. 4. A Recusant that conforms shall within one year after and so once every year at least receive the blessed Sacrament in pain to forfeit for the first year 20 l. for the second 40 l. and for every default after 60 l. And if after he hath received it he make default therein by the space of a whole year he shall forfeit 60 l. XCIX These forfeitures may be recovered before Justices of Peace in Sessions or in any other Court of Record and are to be divided betwixt the King and the prosecutor C. The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every year at the general Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine years and their servants together with the age of their children as near as they can know them in pain to forfeit respectively for every such default 20 s. Which presentment the Clerk of the Peace or Town-Clerk shall record without fee in pain of 40 s. CI. If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40 s. to be levied by warrant upon the Recusant's goods and estate as the more part of the Justices of Peace shall think fit CII Justices of Assize Gaol-delivery and Peace have power to hear and determine of all Recusants and offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former Laws and likewise to make Proclamation that they shall tender themselves to the Sheriff or Bailiff of the Liberty where they are before the next Assize Gaol-delivery or Sessions respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a trial by verdict CIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Checquer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summ then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church CIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award process for the seizure of all the offender's goods and two parts of his lands and leases in case the 20 l. a moneth be not paid as aforesaid CV The King may refuse 20 l. a moneth and take two third parts of his lands and leases but here he shall not include the Recusant's Mansion-house nor demise his two parts to a Recusant or to any other for a Recusant's use And the King's Lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient CVI. It shall be lawful for the Bishop of the Diocess or two Justices of the Peace 1. Qu. out of Sess to tender the Oath hereafter following to any person eighteen years old or above except noble men and noble women which stand convicted or indicted of Recusancy hath not received the Sacrament twice in the year next before or passing through the Country and examined upon oath confesseth or at least denieth not that he or she is a Recusant or that he or she hath not received the Sacrament twice in the year next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same oath at the next Ses where the Clerk of the Peace or Town-Clerk shall record them CVII If the parties refuse to answer upon oath or to take the oath aforesaid tendred unto them the Bishop or Justice aforesaid shall binde them over to the next Ass or Sess where if they again refuse it they shall incur a Praemunire except women covert who in that case shall onely suffer imprisonment till they take it The Tenor of the Oath is as followeth CVIII I A. B. do truly and sincerely acknowledge profess testifie and declare in my conscience before God and the world that our Sovereign Lord King James is lawful and rightful King of this Realm and of all other his Majesty's Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesty's Kingdoms or Dominions or to authorize any forein Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their allegiance or obedience to his Majesty or to give licence or leave to any of them to bear arms raise tumults or to offer any violence or hurt to his Majesty's Royal person state or government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his
successours or by any authority derived or pretended to be derived from him or his See against the said King his heirs or successors or any absolution of the said Subjects from their obedience I will bear faith and true allegiance to his Majesty and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their Crown and dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his heirs and successours all treasons and traitorous conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledg by good and full authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian So God me help CIX Unto this Oath the party taking it shall subscribe his name or mark CX No Indictment against a Recusant shall be reversed for lack of form other then by direct traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid CXI The party conforming himself shall from thenceforth be admitted to discharge or reverse an Indictment CXII None shall go out of this Realm to serve any forein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if he have born office amongst Souldiers before his departure out of the Realm he shall enter into Bond unto the King's use with the Condition following upon like pain of being adjudged a felon The Condition is this CXIII That if the within bounden c. shall not any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracy whatsoever against the King's Majesty his heirs and successors or any his or their estate or estates Realms or Dominions but shall within convenient time after knowledge thereof had reveal and disclose to the King's Majesty his heirs and successors or some of the Lords of his or their honorable privy Council all such practices plots and conspiracies That then the said Obligation to be void CXIV None but the Customer and Controller of a Port or their deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall onely take 6 d. and nothing for the Oath and shall once every year certifie into the Exchequer every such bond in pain of 5 l. and every such oath in pain of 20 s. CXV To absolve or withdraw any of the King's Subjects from their natural obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged High Treason CXVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so being reconciled onely that shall return into this Realm and within six days after before the Bishop of the Diocess or two Justices of Peace jointly or severally of the County where he shall arrive submit himself to the King and his Laws and take the Oath of Supremacy and also the Oath abovesaid which said Oaths the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next General Sessions in pain of 40 l. CXVII Here the trial of Treason shall be before Justices of Assize and Gaol-delivery of that County for the time being and may also be before the Justices of the King's Bench but Peers in this case shall be tried by their Peers CXVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of Peace by the partie 's own confession or the evidence of one witness the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-wardens of the Parish under his hand and seal to levy 12 d. for every such default by distress and sale of goods and in default of distress the Justice may commit the offender to prison until he pay the forfeiture aforesaid which shall be imployed for the use of the poor but this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12 d. upon the Stat. of 1 Eliz. 2. Which see in Sacrament CXIX None shall keep or retain any person in their house servant or other which shall forbear to come to Church by the space of a moneth together in pain to forfeit 10 l. for every moneth they so keep them Howbeit children may relieve their father or mother and Guardians their Wards or Pupils CXX The Sheriff upon a lawful Writ may justifie to break an house for the taking of a Recusant excommunicate CXXI The Justices of the King's Bench and Justices of Assize and Gaol-delivery may hear and determine all the offences committed against this Act and so may Justices of Peace all save Treason CXXII The offences made felony by this Act shall not cause loss of Dower corruption of bloud or disherison of heirs CXXIII Here if an Action shall be brought against an Officer for the execution of this Act he may plead the general issue and yet give special matter in evidence CXXIV This Act shall not abbridge the jurisdiction of Ecclesiastical censures CXXV None shall be punished for his wife's offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CXXVI Six of the Privy Council whereof the Lord Chancellor Lord Treasurer or Principal Secretary shall be one have power to minister the Oaths abovesaid to noble men being 18 years old and to noble women also of the like age and unmarried who shall take the same Oaths accordingly in
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
having lands or goods or being heir apparent to her Ancestors And the procurors abettors and receivers in such an offence shall be also deemed principal felons Howbeit this shall not extend to any that takes a woman claiming her as his ward or bond-woman VII Stat. 3 H. 7.14 It is felony for any of the King's servants sworn to conspire the destroying of the King any Lord Privy-Councellor sworn Steward Treasurer or Controller of the King's houshold being thereof convicted by 12 of the said Houshold before the said Steward Treasurer and Controller or two of them who have power to determine the matter according to law VIII Stat. 21 H. 8.7 Servants that go away with or otherwise embezil their masters or mistresses goods to the value of 40 s. worth with an intent to steal them being put in trust therewith shall be punished as felons To continue till the next Parliament But see the Statute IX Stat. 22. H. 8.11 It shall be felony to break down Powdike in Marshland in Norfolk or Olafield Dike by Marshland in the Isle of Ely X. Justices of Peace there have power to hear and determine the said offence XI Stat. 25 H. 8.6 Euggery is made felony and the offender therein shall not have his Clergy XII Justices of Peace have power to inquire of hear and determine this offence XIII This Statute was but to continue till the next Parliament Vide infraÌ„ XIV Stat. 1 E. 6.12 Wilful killing by poysoning shall be adjudged Murther and their Aiders Abettors Procurers and Counsellors shall suffer death and forfeit as in cases of wilful Murther XV. All offences made felony by Statutes since 23 April 1 H. 8. not being felony before are repealed Howbeit divers of them are revived by other Statutes made since that time XVI Stat. 1 M. Sess 1. All offences made felony or within the case of Praemunire by any Act since the first day of 1 H. 8. not being felony or within the case of Praemunire before and every branch of such Acts concerning the making of any offence felony or within the case of Praemunire not being so before and all pains and forfeitures concerning the same are repealed and made void But diverse of those Acts have been since revived which see in their proper places XVII Stat. 5 El. 10. The Statute of 21 H. 8.7 is revived and made perpetual VIII Stat. 5 El. 17. The Statute of 21 H. 8.6 is revived and made perpetual XIX Stat. 43 El. 13. In the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresm the carrying away or detaining of any person against his or her will the assenting or ayding to any such taking or detaining the receiving or carrying of Black Mail the giving of Black Mail for protection or the burning of Barns or Stacks of Grain shall be adjudged felony without Clergy which the Justces of Assize Gaol-delivery and Peace have power to hear and determine XX. The names of persons outlawed there for felony shall be delivered by the Clerks of the Peace to all Sheriffs Mayors and other head officers to be proclamed throwout all the said Counties and with them none shall have converse in pain to suffer 6 moneths imprisonment and not to be inlarged till surety be given for the good behaviour during one whole year after such imprisonment XXI Justices of Assize Gaol delivery Oyer and Terminer and of Peace have power to punish the negligence of officers in this behalf XXII This Act shall not impeach the authoriy of the Lord Wardens of Marches XXIII Stat. 21 Jac. 26. It is felony without benefit of Clergy to acknowledge or procure to be acknowledged any Fine Recovery Deed enrolled Statute Recognizance Bail or Judgment in the name of any person not privy or consenting thereunto Howbeit this offence shall not corrupt the bloud nor take away dower neither shall it extend to judgment acknowledged by an Attorney of record for another person Fens See Marshes ☞ Fesants and Partridges * I. Stat. 11 H. 7.17 None shall take Fesants or Partridges with engines in another's ground without licence in pain of 10 l. to be divided betwixt the owner of the ground and the prosecutor II. None shall take out of the nest any eggs of Faulcon Goshawk Lanner or Swan in pain of a year and a days imprisonment and to incur a fine at the King's pleasure to be divided betwixt the King and the owner of the ground where the eggs shall be so taken III. None shall bear any Hawk of English breed called an Eyesse Goshawk Tassel Lanner Lanneret or Faulcon in pain to forfeit the same to the King IV. He that brings an Eyesse Hawk from beyond the Sea shall have a Certificate under the Customer's Seal where he lands or if out of Scotland then under the Seal of the Lord Warden or his Lieutenant testifying that she is a ferein Hawk upon the like pain of forfeiting the Hawk V. None shall take kill or fear away any of the hawks abovesaid from the Coverts where they use to breed in pain of 10 l. to be recovered before Justices of Peace and divided betwixt the King and the prosecutor * ☞ VI. Stat. 23 El. 10. None shall kill or take any Feasants or Partridges with any Net or Engine in the night-time in pain to forfeit for every Fesant 20 s. and for every Partridge 10 s. which if the offender pay not within 10 days he shall suffer one moneths imprisonment without bail and enter into bond for two years onely with good sureties before some Justices of Peace not to offend in the like kind VII The forfeiture aforesaid shall be recovered in any Court of Record and divided betwixt the Lord of the Liberty or Mannor where the offence is committed and the Prosecutor but in case the Lord shall dispence with the offender the poor of the Parish are to have his moiety to be recovered by any of the Church-wardens VIII None shall hawk or hunt with his Spaniels in standing grain or before it is stocked except in his own ground or with the owners consent in pain to forfeit 40 s. to the owner of the said ground to be recovered as aforesaid IX Justices of Assize Justices of Peace in Sessions and afterwards Stewards in Leets have power to hear and determine these offences and one Justice of Peace may examine such an offender and bind him over with good sureties to answer it at the next general Sessions if the offence be not before determined at the Assizes or in a Leet X. This Act shall not restrain Fowlers which unwillingly take Fesants or Partridges and forthwith let them â—o atlarge * XI Stat. 1 Jac. 27. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have killed or taken any Fesant Partridge Pigeon Duck Heron Hare or other game or to have taken or destroyed the eggs of Fesants Partridges or Swans shall by the said Justices
a net or Tramel of two inches and an half meshe in pain to forfeit 20 s. the Fish so wrongfully taken and the net or engine wrongfully used XXXVII All persons having jurisdiction of Conservancy upon streams or waters and Lords of Leets have power upon the oaths of twelve men to hear and determine these offences and shall have all the forfeitures which accrue thereupon XXXVIII The Steward of a Leet shall give this Statute in charge to the Jury in pain of 40 s. to be divided betwixt the Queen and the Informer XXXIX Here if the Jury wilfully forbear to present offences of this kind the Steward or Bayliff shall impanel another Jury to inquire of their default which being found the first Jury shall forfeit 20 s. apiece XL. Upon default of presentment in Leets within one year Justices of Peace in Sessions Justices of Oyer and Terminer and Justices of Assize in Circuits have power to hear and determine the said offences XLI This Act shall not restrain the taking of Smelts Loches Mineis Bull-heads Gudgeons or Eels with Nets or Engines formerly used so that no other Fish be taken therwith nor shall extend to abridge any former priviledge of conservancy lawfully enjoyed or Fishing in Tweed Uske or Wye or in waters set to farm by the Queen so that the spawn or frie of Fish be not therein wilfully destroyed * XLII Stat. 5 El. 21. None shall unlawfully break down Fishpond-heads or Fish there without licence of the owner or enter into any Charter-Park Woods or other grounds and their kill or chase the Deer or take any Hawks or Hawks eggs in pain to suffer three moneths imprisonment and to be bound with good sureties to the good behaviour for seven years after XLIII The party grieved shall in Sessions or elsewhere recover treble damages against the Delinquent and upon satisfaction shall have liberty to procure his release of the behaviour ☞ XLIV Justices of Oyer and Terminer Assize Peace and Gaol-delivery in Sessions have power to hear and determine these offences XLV Justices of Peace upon the offenders acknowledgment in Sessions and satisfaction to the party grieved shall have power to release the behaviour XLVI Stat. 1 Jac. 23. In the Counties of Some set Devon and Cornwall it shall be lawful for Huors of Fish to go upon any man's ground near the Sea-coast to discover Fish and for Fishermen to dry their seames and nets there without danger of committing trespass * XLVII Stat. 3. Jac. 12. None shall erect a Wear or Wears along the Sea-shore or in any Haven or Creek or within 5 miles of the mouth of any Haven or Creek or shall willingly destroy the spawn or sry of Fish in pain of 10 l. to be divided betwixt the King and the prosecutor neither shall any Fish in any of the said places with any net of a less meshe then 3 inches and an half betwixt knot and knot except for the taking of smoulds in Norfolk onely or with a Canvas net or other engine whereby the spawn or fry of Fish may be destroyed in pain to forfeit the said net or engine and 10 s. in money to be divided betwixt the poor of the Parish and the prosecutor and to be levied in Corporations by the Head-officers ☞ and in other places by distress and sale of goods upon a warrant of a Justice of Peace directed unto the Constables and Church-wardens of the same Parish for that purpose XLVIII Stat. 14 Car. 2. cap. 28. For encouragement of Fishing and preventing the disorder and abuses in draining nets and unlawful engins It is enacted That none shall in any year from the first of June till the last of November take any Fish in the Sea in Cornwall or Devon with any trammel driff-net or stream-net or nets of that sort unless it be at a league and halfs distance from the shore on penalty of forfeiture of the nets or the value thereof and one moneths imprisonment without bail XLIX None but Owners Partners or Adventurers in the Craft of Fishery shall make any Pilchards or Fumathoes in casks to be sold or transported except they openly buy them of the Owners or Adventurers in the Pilchard Craft upon pain of forfeiture of the same one half to the King and the other half to any such as shall sue for the same L. None shall hide or purloyn or carry away or sell any Pilchard Fish out of any Net Boats or sellers without allowance of the Owner and major part of the company upon pain of treble damages to the party vronged and being sent to the house of Correction for 3 moneths LI. Idle and suspicious persons shall not flock together about the Boats Nets or sellars of Pilchards catchers upon any the coast of Cornwall and Devon having no business there and being warned by the Company or Owners to be gone upon every person refusing to depart upon complaint to any Justice of the Peace shall pay 5 s. to the poor of the parish where such offence shall be committed or be set in the Stocks five houres LII Stat. 15 Car. 2. cap 16. Stat. 3. An Act for regulating the Hering and other Fishers and the Act at large ☞ Flax and Hemp. I. Stat. 33 H. 8.17 None shall water any Hemp or Flax in any River Running-water Stream Brook or common Pond where beasts be used to be watered but onely upon the ground in pits ordained for that purpose or in their own several Ponds in pain of 20 s. to be divided betwixt the King and the party grieved or other prosecutor Fools Lunaticks and Mad-men I. Prerog Reg. 9. 17 E. 2. The King shall have the custody of the lands of natural fools taking the profits thereof without wast and finding them necessaries of whose fee soever the lands be holden and after the death of such Idiots shall render them to the right heir so that the lands shall not be sold nor the heir disinherited II. Prerog Reg. 10. 17 E. 2. The King shall provide that the lands of Lunaticks be safely kept without waste and they and their families if they have any shall be maintained with the profits thereof and that the residue be kept for their use and be delivered unto them when they come to right minde so that the Lands shall not be aliened neither shall the King have any profit thereof to his own use but if they die in such estate the residue shall be distributed for their souls by the advice of the Ordinary ☞ Forcible Entry * I. Stat. 5 R. 2.7 None shall enter into lands or tenements by force in pain of imprisonment and ransom at the King's pleafure II. Stat. 15 R. 2.2 When forcible entry is made into lands or Church livings one or more Justices of Peace taking sufficient power and going to the place so kept by force may commit the offender to the next Gaol there to remain convict by the Justices Record till he hath made fine and ransom to
ways of the same Parish by distress and sale of the offendor's goods and imprisonment in default by warrant as aforesaid XL. Within 20 days after election of such Officers a tax or pound rate shall be made by the Inhabitants of every Parish which being confirmed by 2 Justices of the Peace shall be quarterly paid upon demand by the Officers appointed and upon refusal levied by distress and sale of the goods by warrant from 2 Justices of the Peace and for lack of distress by imprisonment of the Offendor not being a Peer until payment XLI Provided all Actions against Persons for executing this Act shall be laid in their proper County and the defendant may plead the general issue and recover treble costs if wrongfully vexed XLII Several houses in and about London obstructing the common passages to be removed and Commissioners by the King to be appointed under the Great Seal to receive contributions for enlarging the streets and ways and to treat with the owners for satisfaction for pulling down the same which Commissioners are to take an oath impartiality to execute this Act the Lord Mayor of London to be a joynt Commissioner with them and the Dean of Westminster Steward and Deputy Steward to be also joynt Commissioners within the said liberties This Act to continue till the end of the first Sessions of the next Parliament XLIII Stat. 14 Car. 2. cap. 6. For enlarging and repairing common High-ways Surveyors shall be chosen upon Munday or Tuesday in Easter-week yearly in every parish upon pain of 5 l. for default thereof XLIV The said Surveyors shall within 20 days after Election view all the High-ways and Bridges within their Parish and consider of needful reparations and thereupon with 2 or more substantial Householders make an assessment for repair thereof not exceeding 6 d. in the pound for one year 20 l. stock to be rated as 20 l. per annum which being allowed by some Justice of the Peace shall be paid within 20 days after demand by the Surveyors upon pain of forfeiture of double so much unless upon complaint to the said Justice he shall think fit to alter the same XLV The Surveyors shall cause all nusances in High-ways or Ditches and water-courses not scoured to be amended and the offenders punished by law and deduct their charges for prosecution thereof and may yearly between the 1 of May and the last of August hire labourers carts and carriages for that purpose XLVI They may appoint persons to work in the High-ways according to former laws and Carts and Carriages for more days then by former laws directed paying according to the rates of the Country and one Justice of Peace may upon questions of value determine the same and upon neglect or refusal of any person charged he shall forfeit 10 s. for a Team a day and 18 d. for a labourer Provided none be charged for lands and stock which he useth upon the same XLVII The Surveyors within their Parishes by order from the quarter Sessions and upon view and by consent of 2 Justices authorised by the said Sessions under their hands and seals in writing may enlarge any High-way not of to the breadth 8 yards out of the sale of the owner in such manner as by the Act appointed XLVIII In case of want of gravel sand c. in one Parish it may be digged in the waste of another filling up the pit again if required XLIX In case of want of gravel sand or other materials in any Common or Waste of any Parish the same may be digged in the soile of any owner the same not being a House Orchard Garden Court-yard Park with deer or Meddow rendring damages to the owner for digging and filling again the pit L. No travelling Waggon Wain or Carriage for hire other then carriage for Husbandry managing lands carrying Hay Straw Corn unthreshed Coal Chalk Timber for Shipping materials for building stones Amunition and Artillerie for the King's service shall go in any High-way with above 7 Horses whereof 6 by paiers and not above 8 Oxen or six and two Horses by paires nor carry above 2000 weight between 1 October and 1 May nor above 3000 between 1 May and 1 October nor above 8 quarters of Barley Mault or Oates nor with any wheeles less then 4 inches broad in the tyre upon pain of 40 s. one third part whereof shall be to the Surveyors one other third part to the poor of the Parish and the other third part to the discoverer to be levied by distress and sale of the offenders goods if payment be not made within 3 days and the offences aforesaid declared common nusances LI. Suits against any Officers for any thing done upon this Act shall be tried in their proper Counties the defendant may plead the general issue and if wrongfully sued recover double costs LII All moneys assessed and charitable gifts for mending the High-ways Pavements c. and all fines and forfeitures not otherwise disposed by this Act and all amerciaments upon Parishes for repairing High-ways shall be imployed by the respective Surveyors within their respective Parishes by warrant under their hands and seals and levied by distress and sale of the offendors goods as aforesaid LIII All Surveyors shall within one moneth after their year expired give in an accompt under their hands in writing to the parish of all their receits and disbursements and of all arreares fines forfeitures penalties and charitable gifts and pay what remains in their hands to the succeeding Surveyors and upon default and complaint to any 2 Justices of the Peace near the said Parish the said Justices shall commit the party offending to prison till a true accompt be made LIV. Justices of Oyer and Terminer and of the Peace may enquire of hear and determine matters of Charitable gifts for mending High-ways and also all offences in Surveyors and other concerning High-ways and make orders therein Provided persons grieved by such orders may appeal to the Chancery as upon decree upon the Statute of charitable uses LV. No certiorari shall be allowed to remove any information indictment or other proceedings in the quarter Sessions touching any matter in this Act unless the Parties prosecuted give security to the prosecutors to pay them their costs and damages LVI Proviso touching the lessees of the Iron works in Surroy Sussex and Kent LVII Proviso not to lay any new charge where the Justices at the quarter Sessions or two Justices near the Parish shall be satisfied that the High-ways may be sufficently repaired without help of this Act. LVIII Tenants and Occupiers are to pay Assesments for High-ways LIX The power of Assessing to continue onely for 3 years LX. All other powers continued till the end of the first Session of the next Parliament and no longer LXI Stat. 15 Car. 2. cap. 1. Stat. 3. An Act appointing speciall Commissioners with power to oversee and repair the High-ways within the Counties of Hertford Cambridge and
day to him limited II. Stat. 10 H. 6. Statutum per se The Justices Serjeants and the King's Attorney shall be paid their wages by the Treasurer of England at Easter and Michaelmas by even portions without any other suit But this Statute is not in the Printed Book of Statutes Justices of Gaol-delivery I. Stat. de finibus levatis cap. 3. 27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay Associating unto him one of the most discreet Knights of the County shall deliver the Gaols II. The Justices shall then also inquire whether Sheriffs or any other have let out by plevin any prisoners not pleviable or have offended in any thing against the Stat. of West 2.15 13 E. 1. and shall punish them according to the form of the said Statute III. Stat. 2 E. 3.2 Justices of Gaol-delivery and Oyer and Terminer procured by great men shall not be made against the form of the Statute 27 E. 1.3 and Assizes Attaints and Certifications shall be hereafter taken before Justices commonly Assigned being good and lawful men and having knowledge in the law and before none other according to the Statute of West 2. 29 E. 1. which see in Oyer and Terminer 1. IV. Stat. 4 E. 3.2 Good and discreet persons shall be Assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols three times in the year at least V. There shall also be Assigned good and lawful men in every County to keep the Peace and such as shall be indicted or taken by them and are not bailable by Law shall not be let to main-prise by the Sheriff or any other Minister nor otherwise delivered then at the Common-Law VI. Justices of Gaol-delivery shall have power to deliver the Gaols of those that stand indicted before the keepers of the Peace which keepers shall send those Indictments before the Justices of Gaol-delivery who shall have power to inquire of and punish Sheriffs Gaolers and others which do any thing against this Act. VII Stat. 17 R. 2.10 In every Commission of Peace two men of law of the same County shall be Assigned to go and proceed to the deliverance of Thieves and Felons ☞ Justices of Peace I. Stat. 1 E. 3. Stat. 2.16 The King will that in every County Good men and lawful which be no maintainers of evil or Barrettors in the Countrey shall be Assigned to keep the Peace II. Stat. 4 E. 3. Stat. 1. cap. 2. Two or three of the best of reputation in the Counties shall be assigned Keepers of the Peace by the King's Commission who together with other wise and learned in the Law shall have power to hear and determine Felonies and trespasses done in the same Counties and to inflict punishment according to Law and reason III. Stat. 34 E. 3.1 There shall be Assigned in every County for the keeping of the peace one Lord and 3 or 4 of the most worthy of the County with some learned in the Law who shall have power to arrest and chastise Rioters Barrettors and other Offenders and also to imprison and punish them according to Law and by discretion and good advisement also to bind people of evil fame to the good behaviour and to hear and determine felonies and trespasses done in the same County according to Law IV. Writs of Oyer and Terminer shall be granted according to the Statutes thereof made and the Justices thereof shall be named by the Court and not by the party V. All general inquiries heretofore granted within any Seigniories or the mischiefes done thereby shall from henceforth cease and be repealed VI. The Fines imposed by Justices of Peace for trespasses shall be reasonable and just VII Stat. 36 E. 3.12 In the Commissions of Justices of Peace and labourers express mention shall be made that they shall keep their Sessions 4 times in the year viz. one within the Utas or Octabis of Epiphany the second within the second week of Lent the third betwixt the feasts of Pentecost and S. John Baptist and the fourth within eight days of S. Michael VIII Stat. Canterb. Cap. 10. 12 R. 2. In every Commission there shall be but 6 Justices Assigned who shall keep their Sessions every quarter at least in pain to be punished at the discretion of the King's Council IX Every Justice of Peace shall have for his wages 4 s. a day and the Clark of the Peace 2 s. for so long time as the Sessions shall last to be paid by the Sheriffs out of the fines and amerciaments arising at the same Sessions whereunto Lords of Franchises shall be also contributary after the rate of their part of such fines and amerciaments X. No Steward of any Lord shall be Assigned in any commission of Peace neither shall any Association be made to the Justices of Peace after the first commission XI Judges and Serjeants at Law shall not be bound to attend the Sessions but when they can conveniently intend it XII Stat. 13 R. 2. Stat. 1.7 Notwithstanding the Statute of 12. R. 2.10 which prohibits the Stewards of Lords to be Justices of the Peace the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworn to put in Execution without favour all Statutes which concern their Office XIII Stat. 14 R. 2.11 There shall be 8 Justices of Peace Assigned in every County XIV Double Estreats of the fines and amerciaments arising at the Sessions shall be made containing the names of all the Justices there present and the number of days they sit and one of them delivered to the Sheriff out of which he is to answer to the Justices their wages by indenture according to which the Sheriff shall be again allowed the wages in the Exchequer upon his account but no Duke Earl Baron or Barronet although he be Justice of Peace and holds Sessions with the other 8 shall have any wages allowed him Quaere whether it ought not to be Baneret for so it is in the first addition of Rastal which I have XV. 2 H. 5. Stat. 1.4 Justices of Peace in every Shire named of the Quorum shall be Resiant within the same Shire except Lords Judges Serjeants at Law and the King's Attorney and shall keep their Sessions 4 times in the year viz. in the first week after Michaelmas Epiphany Easter and the Translation of St. Thomas the Martyr viz. Becket being the seventh of July and oftener if need require XVI Stat. 2. H. 5. Stat. 2.1 Justices of Peace shall be made of the most sufficient persons dwelling in the same Counties by the advice of the Chancellor and the King's Council without taking others dwelling in forein Counties to execute that office except Lords Justices of Assize and the King 's chief Steward of the Dutchy-Lands in the North and South parts XVII Stat. 18 H. 6.11 Justices of Peace of Middlesex
are not compellable to keep their Sessions above twice in the year notwithstanding the Statute of 12 R. 2.10 yet may they keep them oftener if need be at their discretions XVIII Stat. 18 H. 6.14 None except men learned in the Law or inhabiting Corporations shall be Justices of Peace unless their Lands be worth 20 l. per annum XIX If any be put into the Commission not having Lands to that value and do not within one moneth after notice thereof acquaint the Lord Chancellor therewith or do fit or make any warrant by force of such Commission he shall forfeit to the King 20 l. to be divided betwixt the King and the prosecutor XX. Stat. 3 H. 7.1 Justices of Peace shall at the next general Sessions certifie recognizances taken for keeping the Peace where if the party being called do not appear those Recognizances shall be certified into the Chancery King's Bench or Exchequer XXI Stat. 4 H. 7.12 The King commandeth all Justices of Peace diligently to exercise their office to the end that his people by that means living in peace and injoying their own husbandry may flourish He also chargeth all both poor and rich that shall suffer any grievance from others wherein a Justice of Peace may intermeddle that they forthwith make complaint thereof to the next Justice of Peace and having no remedy there to the Justices of Assize if it be not long before their coming into that Country but if it be then to the Chancellor for the time being and then the King will send for the Justice so neglecting his duty and in case he shall finde him guilty thereof will cause him to be put out of the Commission and otherwise punished according to his demerits and this Statute shall be proclaimed at every Quarter-Sessions in pain that every Justice there present when it is not so proclaimed shall forfeit to the King 20 s. XXII Stat. 2. 3 P. M. 18. A new Commission of the Peace or Gaol-delivery for the whole County shall not be a supersedeas to a former like Commission granted to a City or Town-Corporate being no County Keeper of the Great Seal of England I. Stat. 5 El. 18. THe Authority Preheminence and advantages of the Lord Keeper of the Great Seal and of the Lord Chancellor are declared to be the same to all intents constructions and purposes King I. Stat. 13 Car. 2. ca. 1. What shall be High Treason against the King during his Majestie 's life Vid. Title Treason num XXXIX II. If any person or persons during the King's life shall maliciously and advisedly publish or affirm the King to be an Heretick or a Papist or that he endeavours to introduce Popery or shall maliciously and advisedly by Writing Printing Preaching or other speaking express publish utter or declare any words sentences or other thing or things to incite or stir up the people to hatred or dislike of the person of his Majesty or the established goverment then every such person being legally convicted shall be disabled to have injoy or exercise any place office or promotion ecclesiastical civil or military or any other imployment in Church or State other then his Peerage and shall likewise be lyable to such further punishment as by the Common laws and Statutes of the Realm may be inflicted in such cases III. If any person shall maliciously and advisedly by writing printing preaching or speaking publish declare or affirm that the Parliament begun at VVestminster the 30th of Novemb. 1640. is not dissolved or not determined or that it ought to be in being or that there lies any obligation upon him or any other person from any Oath Covenant or Engagement to endeavour a change of Government or that both or either houses of Parliament have a Legislative Power without the King or any words to the same effect Such persons so offending shall incur the Penalty of a Praemunire mentioned in the Statute of 16 R. 2. IV. The Solemn League and Covenant declared an unlawful Oath and to have been illegally imposed upon the Subjects And all Ordinances of either or both Houses of Parliament for imposing Oathes Covenants or engagements levying Taxes raising forces or armes without the King's assent or by Commission were and are and shall be void Provided the said Ordinances and Orders may be made use of according to the Act of Indemnity 12 Car. 2.11 V. Provided no person be prosecuted for any offence in this Act other then High Treason unless it be by order of the King his heirs or Successors under their sign Manual or of the Privy Council directed to the Attorney general or some of the King's Council for the time being nor unless such prosecution be within six moneths and the Indictment within three moneths after such prosecution VI. Proviso for privilege of debate in Parliament touching repealing or altering of Laws or redressing publique grievances VII Provided no person be indicted arraigned condemned convicted or attainted for any Treasons or Offences aforesaid but by Testimony of two lawful witnesses upon oath brought in person face to face who shall openly avow upon oath what they have to say against the person accused concerning the Treason or offences contained in the said Indictment unless the party shall willingly without violence confess the same VIII Provided no Peer be tryed for any Offence against this Act but by Peers and every Peer convicted of any Offence against this Act be disabled during life to sit in Parliament unless his Majesty shall please to pardon him and upon pardon granted to any Peer or Commoner convicted of any Offence against this Act the party pardoned shall be restored to all intents and purposes as if never convicted IX Stat. 14 Car. 2. cap. 10. For setling an additional Revenue upon the King for better support of his Crown and dignity Every dwelling house and other edifice and all lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other societies that are or shall be within England VVales and Town of Barwick other then hereafter excepted shall be charged with the annual payment for every Fire-hearth and Stove 2 s. per annum and payable at Michaelmas and our Lady-day by equal parcels half yearly for ever X. Owners and occupiers of such houses and chambers shall give a true account thereof in writing of all the Hearths and Stoves in them to the Constables and Tithing-men within their several Parishes and Constables and other such Officers shall require an account of them of all Hearths and Stoves in their Houses and in default may enter and view the same and for every false return the party offendng shall forfeit 40 s. XI The said Constables and other such Officers shall deliver the accounts of their Returns at the next quarter-Sessions after the last of May 1662. And the Justices of the Peace shall cause the said accompts of Hearths to be enrolled and a duplicate thereof returned into the Exchequer XII The said Hearth
for the Justice of Peace or Head-officers there being Justices of Peace to direct a Capias to the Sheriff or other chief Officer for his apprehension and being taken the said Justice of Peace or Head-officer shall commit him to ward until he give good security that he will honestly serve out his time XLIII Notwithstanding this Act High-Constables have power to keep their Statute-Sessions so that they there do nothing repugnant thereunto ☞ XLIV Stat. 1 Jac. 6. The Statute of 5 El. 4. shall give power to the Justices of Peace to rate the wages of any Labourers Weavers Spinsters and Work-men or Work-women whatsoever XLV The rating of such wages in Sessions by the more part of the Justices within any particular Riding or Division where general Sessions have been used severally to be kept shall be as effectual as those rated at the general Sessions of the whole County XLVI The Sheriffs and Head-officers within their several precincts shall cause the said rates to be proclaimed in such sort as if they had been sent down printed from the Lord Keeper which all persons shall be bound to observe upon the pains and penalties mentioned in the said Statute of 5 El. 4. XLVII A Clothier or other convicted before the Justices of Assize or Peace in Sessions or before 2 Justices of Peace 1 Qu. by his own confession or the evidence of 2 witnesses not to have observed the said rates by paying less then in the rates so appointed shall forfeit 10 s. to the party grieved to be levied upon warrant from the same Justices by distress and sale of the goods XLVIII None shall incur any danger for not making certificate of the Rates into the Chancery according to 5 El. 4. XLIX A Clothier being also a Justice of Peace shall not be a rater of wages for any Artificer that depend upon making of Cloth Lancaster I. Stat. 33 H. 6.2 An Indictment found in Lancashire against a foreigner dwelling in another County shall be void unless each Juror had Lands and Tenements there of the yearly value of 5 l. II. The like Law is of an Indictment found in another County and not in Lancashire against an Inhabitant of Lancashire where each Juror hath not Lands and Tenements worth 5 pounds per annum III. Stat. 37 H. 8.16 Lands annexed to the Dutchy of Lancaster and there exchanged by the King with others for the inlargement and conveniency of the said Dutchy See the Statute at large IV. Stat. 2. 3 P. M. 20. A farther enlargement of the said Dutchy See the Statute V. Stat. 16 and 17 Car. 2. cap. 9. An Act impowring the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty to be filed and made use of at hearings in the Court of Dutchy-Chamber 12 d. onely to be paid for taking the same Leases I. Stat. 32 H. 8.28 Leases made by Tenant in tail or by him who is seized in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their wives heirs and successors II. The Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of any old lease unless such old lease expired within a year after the making of the new nor to any grant to be made of any Reversion of Mannors Lands c. nor to any lease of such Mannor Lands c. which have not been let to farm or occupied by Farmers 20 years before such lease made nor to any lease to be made without impeachment of waste nor to any lease to be made for above 21 years or three lives from the day of the making thereof and that upon every such lease there be reserved so much yearly rent as hath been usually paid for the lands so let within 20 years next before such lease made and the Reversioners of the Mannors Lands c. so let after the death of such lessor or his heirs may have such remedy against such lessee his executor and assigns as such lessor might have had against such lessee III. Provided that all leases made by the husband of Mannors Lands c. being the inheritance of the wife shall be made by indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife the heirs of the wife and here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unless it be by fine levied by husband and wife IV. This Act shall not extend to give liberty to take more Farms or Leases then might have been taken before this Act Vide Stat. 25 H. 8.13 Sheep nor to any Parson or Vicar to make any lease otherwise then they might have done before V. All leases for years made within 3 years before the 12 of April in 31 H. 8. by writing indented under seal by any person or persons of full age sane memory not unlawfully coarcted nor covert Baron of any Mannors Lands c. wherein he or they have an estate of Inheritance to his or their own use at the time of the making thereof and whereof the lessee or lessees or their assignes have now the possession by force of such lease or leases and no cause of re-entry or forfeiture thereof had or made shall be good in law against such lessors their heirs and successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force then they were before the making of this Act. VI. No fine Feofment or other Act done by the husband onely of the inheritance of Free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to injoy it after her decease the fines levied by the husband and wife onely excepted VII This Act shall not give liberty to the wife or her heirs to avoid any Lease hereafter to be made of the wife's Inheritance by the husband and wife for 21 years or under or three lives whereupon the accustomable yearly rent for 20 years before is reserved according to the tenor of this Act. VIII This Act shall not extend to make good any Lease made by any Ecclesiastical person which are made void by authority of Parl. or by any such person or other now attainted of treason IX Stat. 1 Eliz. not printed All estates made by any Arch-bishop or Bishop of any Mannors Lands c. parcel of the Possessions of their Bishoprick or united or appertaining thereunto to any person or persons body politick or corporate other then to the Queen her heirs and successors and other then for the term of 21 years and 3 lives from the time of such estate made and
shall not be put upon Inquests in London or elsewhere Howbeit these Letters Patents shall not be prejudicial to the City of London nor the Liberties thereof VIII There shall be eight of the Colledge called Elects who from amongst themselves shall yearly chuse a Presiâ—ent and as any of the Elects fail by death or otherwise others shall be chosen in their places by the survivers of the same Elects IX None shall practise Physick in the Countrey without a testimonial of his sufficiency from the President and three of the Elects of the said Colledge unless he be a Graduate in one of the Universities X. Stat. 32. H. 8.40 Physicians are discharged from keeping Watch or Ward or bearing the Office of Constable or any other Office within the City of London or the Suburbs thereof XI Four Physicians shall be yearly chosen by the Colledge and shall have an Oath given them by the President to search Apothecaries Wares and if they shall find any of them faulty shall call to them the Wardens of the Mystery of Apothecaries in London and cause then to be burnt or otherwise destroyed XII No Apothecary shall resist their search in pain of 5 l. to be divided betwixt the King and the prosecutor XIII If any of the Physicians so chosen refuse to take his Oath or after being sworn refuse to make search once in a year he shall forfeit 40 s. XIV Any of the Company of Physicians in Londoâ— may also practice Surgery XV. Stat. 32. H. 8.42 The Barbars and Surgeons of London ars made one Company and incorporated by the name of the Masters and Governours of the Mystery and Communalty of Barbers and Surgeons of London and by that name shall sue and be sued purchase Lands use a common Seal and possess the Lands which now the Communalty of Barbers of London do enjoy as also all libertiee and priviledges heretofore granted to either of the said Companies by E. 4. H. 7. or this present King Also such of them as are admitted to the practice of Surgery shall be exempt from bearing of Arms Watches and Inquests This Company shall likewise have the search oversight punishment and correction of offences committed against Barbery or Surgery according to the Statute of 19. H. 7.7 which sâ—e in Corporations yet here the right of all others to their Lands is saved XVI The Surgeons may take yearly four condemned persons for Anatomies without any suit to the King or other interruption for the same XVII No Barber in London and within a miles compass thereof shall use Surgery Neither shall any Surgeon there use Barbery or shaving XVIII Every Surgeon in London shall have a Sign at his door XIX None shall be a Barber in London but a Free-man of that Company XX. At the times heretofore accustomed there shall be four Masters or Governours of this Corporation chosen viz. two Surgeons and two Barbers who shall have the search oversight punishment and Correction of all defaults and inconveniencies in either of those Professions within the Circuit aforesaid XXI The Barber or Surgeon offending in any of the Articles shall for every moneth so offending forfeit 5 l. to be divided betwixt the King and the prosecutor XXII Howbeâ—â— the Surgeons and Barbers in Londo shall pay Seot and Lot as in former times And any person may keep a Barber or Surgeon in his House as his Servant notwithstanding this Statute XXIII Stat. 34 35. H. 8.8 It shall be lawful for any person having knowledge and experience of the nature of Herbs Roots and Waters to practise and minister to any outward Sore Uncom Wound Apostumation outward swelling or disease any Herb or Herbs Ointment Bathes Poultes and emplasters according to their knowledge of the said Maladies or the like as also drinks for the Stone Strangury or Agues without suit penalty or loss the Statute of 3 H. 8.11 or any other Statute notwithstanding XXIV Stat. 1. M. Parl. 1. Sess 2. Cap. 9. The Statute of 14. H. 8.5 is confirmed XXV When the President or Communalty of the Faculty of Physick in London or others authorized by 14 H. 8.5 to search and punish offenders shall send or commit any such offender to any Prison except the Tower the Warden Goaler or Keeper thereof shall receive and there safely keep such offender without bail until he shall be thence discharged by the said President or others anthorized as aforesaid in pain to forfeit double the penalty of the offender to be recovered by action of debt and divided betwixt the Queen and the said President and Colledge XXVI If the Wardens of the Apothecaries in this Statute called the Wardens of the Grocers or one of them do not immediately upon call go with the President or four of the Elects appointed to search the Apothecaries wares according to the Statute of 32 H. 8.40 the said President or four Elects shall do it without them as also destroy such wares as they shall find faulty and none shall resist such search in pain of 10 l. to be recovered in form aforesaid XXVII Justices of Peace Mayors Sheriffs Bailiffs Constables and other Officers shall assist the said President and all persons authorised by the said Colledge for the due execution of the said Laws and Statutes in pain to run in contempt of the Queen her heirs and Successors ☞ Plague * I. Stat. 1. Jac. 31. The Mayor Bailiffs Head-Officers and Justices of Peace in a Corporation or any two of them have power to tax the Inhabitants there towards the relief of such as are infected with the plague and to make warrant under their Hands and Seals for any person to levy the said Tax upon the goods of such as shall refuse or neglect to pay the same And in case â—o goods can be found to satisfie the Tax upon the parties refusal thereof to commit him to prison there to remain until the Tax be satisfied II. If the Corporation be not able to relieve the persons infected upon Certificate thereof to the Justices of Peace of the County thereunto adjoyning or any two of them by the said Officers and Justices of the Town or any two of them the said Justices of the County shall have like power to tax levy and imprison as aforesaid within five miles distance of the said Corporation III. In Towns and places Corporate where there are no Justices and in the Countrey two Justices of Peace of the County shall tax levy and imprison as aforesaid within five miles distance of the Town or place so infected IV. These Taxes shall be certified in at the next Quarter-Sessions of the Corporation or County respectively and shall there be ordered as by the Justices there or the more part of them shall be thought fit V. The Constable or other Officer which wilfully neglects to levy the Tax upon a Warrant as aforesaid shall forfeit for every such default 10 s. to be imployed upon the charitable uses aforesaid VI. If any infected person residing
the said six moneths expired And every such Plaintiff or Informer shall also recover treble Costs against the person offending as aforesaid And for avoiding excessive and immoderate playing and gaming If any person shall after the said 29. Sept. 1664. play at any of the laid games or any other pastime or game whatsoever other then for ready money or shall bett on the sides or hands of such as do or shall play thereat and shall lose any sum of money or other thing or things so playd for exceeding the sum of 100 l. at any one time or meeting upon ticket or credit or otherwise and shall not pay down the same at the time when he or they shall lose the same the party or parties who loseth or shall lose the said moneys or other thing so plaid for above the said sum of 100 l shall not be bound or compelled or compellable to pay or make good the same but all contracts securities and assurances for the same shall be void And the person so winning the said moneys or other things shall forfeit treble the value of all such sums of money or other things so won gained obtained or acquired above the said sum of 100 l the one moity to the King the other to the party that shall sue for the same within one year next after the offence committed in any Court of Westminster and treble Costs ☞ Players I. Stat. 3. Jac. 21. None shall in any Stage-play Shew May-game or Pageant profanely use the Name of God Christ Jesus the Holy Ghost or Trinity in pain of 10 l. to be divided betwixt the King and the prosecutor Pleading and Pleaders I. Stat. 36 E. 3.15 All pleas which shall be pleaded in any Court whatsoever within the Realm shall be pleaded shewed depended answered debated and judged in the English tongue but entred and enrolled in Latine Howbeit the Laws and customs of this Realm as also the Terms and Processes shall be holden and kept as before this time hath been used ☞ Pleas of the Crown I. Wagna Carta 17. 9 H. 3. No Sheriff Constable Escheater Coroner or any other of our Bailiffs shall hold pleas of the Crown Plumstead-Marsh I. Divers Statutes have been made for the Inning and saving of Plumstead-Marsh viz. 22 H. 8.3 14 Eliz. not printed 23 El. 13. and 27 El. 27. See them at large ☞ Poor People I. Stat. 11 H. 7.12 Every poor person having cause of action shall have original Writs and Suhpaenaesgratis also the Judge or Judges of the Court where the suit depends shall assign him Council and Attorney who are thereby enjoyned to dispatch his business without fees * II Stat. 43 El. 2. The Church-wardens of every Parish and four three or two housholders there according to the greatness of the Parish to be nominated yearly in Easter-week or within one moneth after under the hands and seals of two Justices of Peace 1. Qu. shall be called Overseers of the poor for the same Parish ☞ III. These Overseers or a greater part of them shall take order with the consent of two such Justices for the setting of poor people to work and for raising by taxation a convenient stock to work upon to relieve impotent persons to put forth Apprentices and to perform all other things concerning the premises IV. These Officers or such of them as shall not be let by some just excuse to be allowed by two such Justices shall meet monethly in the Church upon Sunday after Evening-prayer and there consider of some meet direction in the premises and shall within four dayes after the end of their year and other Overseers nominated yield up a true accompt to such two Justices pay the surplusage thereof to their successors and use all possible diligence in their Office in pain to forfeit for every such default 20 s. V. Where the Inhabitants of any Parish are not able to relieve themselves two such Justices may tax other Parishes and places and the whole Hundred also if need require and where the whâ—le Hundred is not able Justices of Peace in Sessions may tax the County in part or wholly at their discretions VI. It shall be lawful for the said Officers upon warrant from two such Justices to levy such tax or surplusage by distress and sale of goods and in default of distress two of the said Justices have power to commit the party to prison there to remain without bail until it be discharged and also to commit persons which refuse to work to the House of correction VII The said Officers or the greater part of them with the assent of two Justices of Peace may bind poor children Apprentices viz. a man-child till 24 years of age and a woman-child till 21. years or marriage VIII The said Officers shall with the consent of the Lord of the Mannor first obtained in writing under his hand and seal either of themselves or by vertue of a Sessions-order erect Cottages upon the waste and lodge In-mates therein notwithstanding the Statute of 31 El. 7. But those Cottages shall not be afterwards otherwise imployed then to lodge impotent persons therein upon the pains mentioned in the said Statute of 31. El. IX Justices of Peace in Sessions shall rectisie unjust taxes whose order therein shall be binding to all party X. The Father Grandfather Mother Grandmother and children of every poor person shall be assessed towards their relief as the Justices of Peace in Sessions of the County where such Father c. dwells shall limit and appoint in pain to forfeit 20 s. a moneth XI Officers in Corporate Towns and Aldermen of I onden have in their several Precincts like authority that Justices of Peace have in the Counties which said Justices are not to intermeddle in Corporations for the execution of this Law XII When one Parish extends into several Counties or Liberties the Justices or Head-Officers shall onely intermeddle within their respective limits but the Churchwardens and Overseers shall have mixt jurisdiction and shall render accompt as aforesaid to Justices or Head Officers of both places XIII If it happen Overseers not to be appointed according to this Statute every Justice of Peace or Head-Officer of that division or Corporation shall forfeit 5 l. to be levied by a Sessions Warrant and imployed to the use of the poor of the Parishes where such default is made XIV The forfeiture of this Statute shall be imployed to the use of the poor and levied by distress and commitment as aforesaid XV. Justices of Peace of every County and Corporation or the most part of them at Easter Session shall yearly or as often as they shall think fit rate every Parish at a certain sum to be paid weekly but so as no Parish may pay more then six pence nor less then a half peny and one Parish being considered with another not above two pence through the whole County or Corporation which sum so rated the Churchwardens and Constable of every Parish or
tendred or shall perswade any other to forbear the taking the same so tendred or shall go about by Printing writing or otherwise to maintain That the taking of an Oath in any case whatsoever is unlawful And persons called Quakers may not assemble themselves together above 5 in number of the age of 16 years or more under pretence of Religious Worship upon penalty for the first Offence upon conviction by verdict or confession a fine not exceeding 5 l. The second offence 10. l. upon every offendor To be levyed by Warrant of the parties before whom the conviction shall be and for want of distress and non-payment within one week after conviction for the first offence Imprisonment or house of Correction three Months the second offence six Months which penalties shall be imployed for the maintaining the house of Correction II. The third offence and conviction the party offending shall abjure the Realm or otherwise the King may give order to transport the offendor to any of his Majesties Plantations beyond the Seas III. Justices of Oyer and Terminer Assise Goal-delivery and Justices of the Peace in open Sessions may hear and determine the said offences within their respective limits IV. Any Justice of the Peace Mayor or chief Officer of a Corporation may commit to the Goal or bind over persons with suffient sure ties in order to their conviction V. Such persons as after conviction shall take such Oaths for which they stand committed and give security to forbear meeting in any such unlawful assembly shall be discharged of all the said penalties VI. A Lord of Parliament for every third offence within this Act shall be tryed by Peers Queen I. Stat. 1. M. Parl. 2.1 ALL Regal power of this Realm and all dignities and preheminences thereunto belonging shall be as well in a Queen as in a King Quod Permittat I. West 2.24 13 E. 1. In like manner as a Parson of a Church may recover common of pasture by a writ of Novel disseisin so his successor shall have a Quod permittat against the Disseisor or his heir though there was never such a Writ granted out of the Chancery before ☞ Rape * I. West 1.13 3 E. 1. NOne shall ravish or take away by force any Maid within age neither by or without her consent nor any Wife or Maid of full age nor any other woman against her will II. Here any person may sue within 40 dayes but if not then the King shall have the suit and such as be found culpable shall suffer two years imprisonment and make fine at the Kings will and if they have not whereof they shall be punished by longer imprisonment as the trespass requireth III. West 2.34 13 E. 1. If a man ravish a Woman married Maid or other where she did not consent neither before nor after he shall have judgment of life and member IV. Where a man ravished a woman married Lady Damosel or other albeit she confent after yet he being attainted thereof shall have like judgment as before and here the King shall have the suit V. Of women-carried away with the goods of their husbands the King shall have the suit for the goods so taken away VI. If a woman willingly leave her husband and go away and continue with her Advowterer she shall be barred for ever of action to demand her Dower unless her husband willingly and without coertion of the Church reconcile her and suffer her to dwell with him VII None shall carry away a Nun from her house ableit she consent in pain to suffer three years Imprisonment and to make satisfaction to the house and fine to the King VIII Stat. 6 R. 2.3 Both the Ravisher and Ravished where she consents after the fact are disabled to have or challenge any Inheritance Dower or joynt estate after the death of their Husband or Ancestor IX In an appeal of Rape the Husband Father or next of the bloud shall have the suit and the Defendant shall not be received to wage battel Reasonable Aid I. West 1. 35. E. 1. and 25 E. 3. Stat. 5.11 Reasonable Aid to make the Kings eldest Son a Knight and to marry his eldest Daughter shall be for a Knights fee holden of the King without mean 20 s. and every 20 l. land in soccage shall pay as much and so more or less according to that rate And it shall be levied at 15 years age of the Son and 7 years of the Daughter Here if the Father levy it and dye and before the marriage of the Daughter the Fathers executors shall be charged therewith and if they have not assets the heir shall be therewith charged Receivers I. Stat. 34 H. 8.2 All Collectors of Fifteens and Subsidies or other tax or loan and all particular and general Receivers of the Kings revenues shall within three months after the same are due and by them received truly pay them unto the Kings use in pain to lose their Offices and also to forfeit 4 s. for every pound so received and not paid in as aforesaid to be recovered by Bill Plaint or Action of Debt at the Kings suit Howbeit lawful tender thereof within the said time shall excuse the said penalties albeit they be not then received by the proper Officer by reason of other occafions II. Provided that the heir of any such Collector or Receiver shall not be charged by reason of this Act but only in lands which descend in fee-simple or fee-tail or which have been conveyed unto him by collusion from such Collector or Receiver neither shall their executors or administrators be otherwise charged for the same then as they are chargeable by the Common Law in action of debt commenced against them as Executors or Administrators III. The heir being charged shall have remedy against the Executors or Administrators of his Father or Ancestor and shall have execution of such goods and chattels as remain in their hands at the time of the Action brought IV. This Act shall not extend to the Collectors of the Custome or of Tunnage and Poundage nor to restrain the payment of pensions fees annuities rents or other allowances to be paid by the said Receivers according to the several allowances thereof V. Stat. 7 E. 6.1 Every Treasurer general and particular Receiver Bailiff and Minister Accomptant to the King shall before his entry upon the Office be bound with surety or sureties for his true account and payment in pain to lose his Office VI. Every such Receiver his Deputy or Deputies shall yearly make Precepts to the several Collectors Ministers and Bailiffs accountant within the circuit of his Office charging them thereby personally to appear before him or by their Deputy or Deputies for whom they will answer within the County where such Offices do lye at a certain day and place in the said Precept to be limited to pay in such moneys as shall be due within their Collections to the King at or before Easter which Precept shall be delivered
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 Countrey shall have but fourty dayes given them to agree for the robbery or offence otherwise they are to answer for the bodies of such offenders VI. Cap. 4. In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town from nine a clock until day unless his Host will answer for him for which purpose the Bailiffs of the Towns shall make search once every fortnight at least and if they find any suspitious person lodged without the Town against the Peace they shall do right therein Again betwixt Asceasion-day and Michaelmas watch shall be kept all night from Sun-set till Sun-rising viz. in a City with 6 men at every gate in a Burrough with 12 men and in every Town with 6 or 4 men according to the number of the inhabitants there if any stranger pass by them he shall be arrested untill the morning when if they have no suspition of him they shall let him go quit but if otherwise they shall deliver him to the Sheriff to be safely kept untill he be duly acquitted And here if he will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a stranger none shall be punished VII Cap. 5. High-wayes leading from Market to Market shall be so enlarged that there shall not be any dike tree or Bush within 200 foot thereof Howbeit this Act shall not extend to great Trees Here if by default of the Lord in not removing his dike under-wood or Bushes any robbery be here committed he shall be answerable for the same and if there be murder committed the Lord shall make fine at the Kings will And in case the Lord be not able to fell the Under-woods the Countrey shall help him The Kings Demesne Lands and Forests shall be also subject to this Law and if a Park be set too near the High-way the Pale thereof shall be removed to the distance aforesaid VIII Cap. 6. Pars inde Two Constables shall be chosen in every Hundred and Franchise who shall present to the Justices assigned such defaults as they shall find in the Countrey concerning suits watches and high-wayes and also such persons as lodg strangers in uplandish Towns for whom they shall not answer And the Justices assigned shall present them at the Parliament to the King who will provide remedy therein Also Sheriffs and Bailiffs of Franchises are straightly commanded to follow the Cry with the Countrey and to keep Horse and Arms to perform the same in pain to be presented by the Constables to the Justices assigned and by them to the King as aforesaid IX Artic. super Cart. 17. 28 E. 1. The Statute of Winchester shall be again sent into every County to be read and published four times in the year and to be kept as strictly as the Great Charters upon the pains therein limited And for the better observance thereof the Knights assigned in the Counties to redress things done against the Great Charter shall be likewise charged with this and have Warrant for the same accordingly X. Stat. 5 E. 3.14 If any have suspition of night-walkers or other suspitious persons then called Robertsmen Wastors and Draw-latches by day or night they shall be presently arrested by the Constables and if it be in a Franchise they shall be delivered to the Bailiffs but if in a Guildable then to the Sheriff and shall be kept in prison till the coming of the Justices to deliver the Goal and in the mean time the Sheriff or Bailiff shall enquire of such arrests and return their Enquests before the Justices at their coming together with the cause of their taking whereupon the Justices shall proceed to their deliverance according to Law and here if the Sheriff or Bailiff neglect to enquire they shall be amerced and nevertheless the Justices shall make enquiry and proceed to the deliverance XI Stat. 28 E. 3.11 The Statute of Winchester cap. 1. 2. 13 E. 1. is confirmed being in a manner the same with that word for word XII Stat. 7 R. 26. The Statute of Winchester is again confirmed and it shall be proclaimed four times a year by the Sheriff himself in person in every Hundred and in every Market by the Bailiffs thereof XIII Stat. 27 El. 13. The Hundred where fresh suit shall cease shall answer half the the damages to the Hundred wherein the Felony shall be commited to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit XIV When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1. Qu. dwelling within or near the same Hundred shall for the levying thereof set a tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular inhabitants and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them XV. No Hundred shall be chargeable when any one of the malefactors shall be apprehended or when the action is not prosecuted within one year after the Robbery committed XVI No Hue and Cry shall be deemed legal unless the pursuit be both by horse and foot XVII No person robbed shall maintain an action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within twenty days before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to the law XVIII Stat. 39 El. 25. A remedy for the inhabitants of the Hundred of Henhurst in the County of Berks for recovery of such sums of money as shall be gained from them by force of the Statute of 22 El. 11. XIX Stat. 14 Car. 2. cap. 22. For preventing Theft and Rapine by leud persons called Mess-Troopers frequenting the Borders of Northumberland Cumberland and the adjacent parts of Scotland The Inhabitants of the said two Counties may be charged for five years by the Justices of the Peace for resistance of the said Moss-Troopers XX. Provided not to charge Northumberland above 500 l. per annum and Cumberland above 200 l. per annum And the said Justices may apâ—oint men not exceeding 30 for Northumberland and 12 for Cumberland for searching for and apprehending the said malefactors and may issue Warrant for collecting the assessments and every Justice of the Peace may examine offences against this Act and bind over the offenders to Sessions
addition whereby the party may be known Neither shall any issues go forth against any person otherwise returned in the Original Pannel or Tales LXXIII No Sheriff Bailiff or other shall â—â—â—ie any Issues so estreated of any other person then of such as by the estreat ought of right to be charged therewith in pain that every Clerk who shall write or deliver or procure such estreat to be delivered or put in ure and every other person offending contrary to the meaning of this Act shall forfeit 5 Marks to the Queen and as much to the party grieved to be recovered by Action of debt c. LXXIV Justices of Oyer and Terminer Assize and Peace have power to hear and determine the offences aforesaid and to issue forth Process for the levying of the said forfeitures ☞ LXXV Stat. 27. El. 12. Every Under-Sheriff before he intermeddles with his Office shall before one of the Justices of Assize or the Custos Rotuloâ—um of the County or two Justices of the Peace there 1. Qu. take the oath of Supremacy which see in Crown and also the Oath hereafter written in pain to forfeit treble damages to the party grieved if he commit any Act contrary to the said Oaths or either of them LXXVI The Form of the other Oath is as followeth LXXVII J. A. B. shall not use nor exercise the Office of Under-Sheriff corruptly during the time that I shall remain therein neither shall or will accept receivâ— or take by any colour means or device whatsoever or consent to the taking of any manner of see or reward of any person or persons for the empannelling or return of any Eaquest Jury or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realm But will according to my power truly and indifferently with convenient speed impannel all Jurors and return all such Writ or Writs touching the same as shall apportain to be done by my duty or office during the time that I shall remain in the said Office So help me God LXXVIII No Bailiff of Franchise Deputy or Clerk of a Sheriff or Under-Sheriff shall intermeddle with their several Offices before they have taken the said Oaths as aforesaid altering onely the termes of the Office in pain to forfeit 40 l. to be divided betwixt the King and the prosecutor LXXIX Justices of Assize and Justices of Peace in Sessions have power to hear and determine the defaults and offences aforesaid and upon conviction to award process accordingly ☞ LXXX Stat. 29. El. 4. No Sheriff Under-Sheriff Bailiff of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an Extent or Execution then after 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. in pain to forfeit treble damages to the party grieved and besides 40 l. betwixt the Queen and the prosecutor LXXXI This Act shall not extend to fees of Executions within Cities or Corporations LXXXII Stat. 43. El. 6. If any Sheriff or other taking upon him to break Writs do make any warrant for summons or upon any Writ Process or suit or for any arrest or attachment of body or goods against any person to appear in any of the Queens Courts not having the Original Writ or Process warranting the same upon complaint thereof to the Justices of Assize of the County where the offence was committed or the Judges of the Court out of which the Process issued the party so offending and all procurers thereof shall be sent for before the same Justices or Judges by attachments or otherwise and shall be examined upon their oaths concerning the same LXXXIII If the offence shall be confessed or proved by sufficient Witnesses the said Justices or Judges shall forthwith commit the offender to the Goal of the County or Court where he shall be examined from whence he shall not be enlarged until he have paid the party grieved 10 l. and all his Costs and Damages to be assessed by the same Justices or Judges and likewise 20 l to the Queen LXXXIV Stat. 21. Iac. 5. A Quietus est shall be a sufficient discharge for a Sheriff unless he be questioned within four years after the grant thereof LXXXV Every Officer or Minister that shall send out or cause to be sent out any Writ or Process or by whose default any Writ or Process shall be sent out contrary to this Act shall for every such offence forfeit and pay to the party grieved 40 l. and his costs and damages to be recovered by Action of debt c. LXXXVI Stat. 14. Ca. 2. Ca. 21. The unnecessary charges and tedious attendance in passing the accompts of Sheriffs being very burthensome it is Enacted that Sheriffs shall not keep Tables for receipt of any other then their own Family or Retinue nor shall send any Presents to any Judge of Assize nor give any gratuity to any Officer nor have more then 40 Men-servants nor under 20 in any County in England nor under 12 in Wales upon forfeiture of 200 l. for every default Proviso this clause not to extend to the Sheriffs of Middlesex and London nor Westmerland nor any Sheriff of a City and County or Town and County LXXXVII Sheriffs within England shall not be charged to answer any illeviable seisure Farm Rent Debt or other thing whatsoever which was not writ in process to them to be levyed and the persons Lands and Tenements of which the same is levyable particularly expressed but shall be discharged without Petition Plea or other trouble or charge whatsoever LXXXVIII All seisures made before 1 Jac. R. 1. and yet remaining upon the Sheriffs accompts and all seizures and debts pardoned are discharged and to be left out of their Accompts and no process to issue for levying the same nor any other Rent or Farm not particularly set forth or which hath been unanswered for 40 years past And all other dead Farms and seisures and all desperate illeviable and unintelligible debts shall be removed out of the annual Roll and Sheriffs charge into the exannual Roll there to remain until revived and made answerable by Commission LXXXIX The several remembrancers shall enrolle and certifie the Ingroser of the great Roll all debts chargeable upon Sheriff by their Returns into the Exchequer upon Writs of fieri fac levari fac Capias and other process and all Fines and Amercements upon Sheriffs already set before the first of Febr. 1662. And all Debts Fines and Amercements hereafter set before the first day of the next Terme after return of such Fines and Amercements set that so they may be charged and comprehended within the Quietus est upon pain of 40 l. upon the Officer for every default the one moyety to the King the other to the party grieved And none shall be Sheriff except he
inferiour Officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or Head-Officer be committed to Prison without ball till he whip or cause to be whipped the party offending as is above limited IX No Justice of Peace shall execute this Statute for offences done to himself unless he be associated with one or more Justices of Peace whom the offence doth not concern X. Stat. 21 Jac. 16. pars inde In all Actions of Trespass Quare clausum fregit wherein the Defendant or Defendants shall disclaim in his or their Plea to make any Title to the land in which the trespass is by the declaration supposed to be done and the trespass be by negligence or unvoluntary the Defendant or Defendants shall be admitted to plead a disclaimer and that the Trespass was done by negligence or unvoluntary and a tender of offer of sufficient amends for such Trespass before the Action brought whereupon or upon some of which the Plaintiff or Plaintiffs shall be forced to joyn issue and if the said issue be found for the Defendant or Defendants or the Plaintiff or Plaintiffs be non-suited such Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions and all other suit concerning the same Triall I. Stat. 9 E. 3. Stat. 1. cap. 4. Whereas many be delayed in their Actions for that the Tenants or Defendants plead in Barr a release quit-claim or other special Deed made within a Franchise where the Kings Writ runneth not It is enacted That when such Deeds are shewed forth in Bar of an Action and bear date within a Franchise Albeit the witnesses named in the Deed be of the Franchise yet if the Deed be denied Process shall be awarded in the Court where the Plea depends to cause the Country and the witnesses to appear and if the witnesses come not at the great distresses returned notwithstanding such absence of the witnesses the Justices shall not let to proceed to the taking of the Enquest as well as if such Deed did bear date within the County where the Plea was moved and that the witnesses were of the same County II. Stat. 8 H. 6.29 The Statute of 28 E. 3.13 which see in Staple ordering that an Enquest shall be De medietate linguae where an Alien is party is confirmed And it is by this Act further declared that the Statute of 2 H. 5.3 which see in Jurors doth onely extend to Enquests taken between Denizen and Denizen so that an Alien may be put upon Enquests according to the Statute of 28 E. 3. albeit he have not lands of the yearly value of 40 s. III. Stat. 20 H. 6.9 Trial of Dutchesses Countesses and Baronesses for Treason or Felony shall be as of Noble-men Peers of the Realm and not otherwise notwithstanding the Statute of Magna Carta cap. 9. which mentioneth men only to be tried by their Peers See that Chapter of Mag. Cart. in Accusation IV. Stat. 4 H. 8.2 Pars inde Where a Murderer or Felon to delay his arraignment pleads that he was taken out of a priviledged place in a foreign County and if it be alledged by the Kings Attorney or some other in the Kings behalf that he was taken in the County where he is so to be arraigned they shall be tryed by the Enquest who are to try the Murder or Felony and before the same Justice and if it be found that he was taken in the same County such forreign plea shall do him no advantage or benefit V. Stat. 27 H. 8.4 Murders and Robberies committed by Pyrats upon the Sea or in any other place where the Admiral pretends jurisdiction shall be inquired into tryed heard and determined in such Counties and places within the Realm as shall be limited by the Kings Commission in like manner as if such offences were done at Land And such Commissions being under the Great Seal shall be directed to the Lord Admiral his Lieutenant or Deputy and to three or four such others as the Lord Chancellor shall name VI. The said Commissioners or three of them have power to inquire of such offences by twelve lawful men of the County so limited in their Commission as if such offences were done at Land within the same County and every Indictment so found and presented shall be good in Law And such Order Process Judgment and Execution shall be used had done and made thereupon as against offenders for Murder or Felony done at Land Also the trial of such offences if they be denied shall be had by twelve men of the County limited in the said Commission as aforesaid and no challenge shall be had for the Hundred And such as shall be convict of such offences shall suffer death without benefit of Clergy and forfeit lands and goods as in case of Felonies and Murders done at land VII This Act shall not prejudice any person or persons urged by necessity for taking Victuals Cables Ropes Anchors or Sails out of another Ship that may spare them so as they either pay ready money or money-worth for them or give a Bill for the payment thereof viz. if they be taken on this side the Straits of Moroâ—ke within four months but if beyond within twelve months VIII When any such Commission shall be sent to any place within the Jurisdiction of the Cinque-Ports it shall be directed to the Warden of the said Ports or his Deputy with three or four such other persons as the Lord Chanceller shall name And the Inquisition and Tryal of such offences there shall be made and had by the Inhabitants of the said Ports and the members of the same IX Stat 28 H. 8.15 This Act is verbatim the same with 27 H. 8.4 save only that it extends as well to Treasons and all other capital offences committed within the Admiral 's Jurisdiction as unto Felonies Robberies and Murders there done X. Stat. 33 H. 8.12 The manner of the Trial and punishment of Murder and Blood-shed within the Kings Court See the Statute at large XI Stat. 33 H. 8.23 If any person being examined before the Kings Council or any three of them upon any Treason misprision of treason or murder doth confess the same or by the said Council is vehemently suspected to be guilty thereof in this case the King shall direct Commission of Oâ—â—r and Terminer to such persons and into such County or place as he pleaseth for the speedy tryal conviction or deliverance of such offenders And here no challenge for the County or Hundred shall be allowed but a Juror may be challenged if he have not Freehold worth 40 s. per annum in this case also trial of a Peer shall be by his Peers XII Stat. 2 3. E. 6.24 Where any is feloniously stricken or poysoned in one County and dyeth of such stroke or poysoning in another County an Indictment thereof found by Jurors of the County where he dyes shall be as good in Law as if the stroke or
or rectifie within twenty daies the default of distress shall forfeit likewise to the poor forty shillings to be levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of distress shall incur commitment as aforesaid VIII The Officers or other parties receiving these penalties shall be accountable to the succeeding Officers and other parishioners ☞ IX Stat. 4 Jac. 4. None shall sell Ale or Beer to an unlicensed Alehouse-keeper save onely for the expence of his houshold in pain of 6 s. 8 d. for every barrel and so more or less according to that proportion X. This offence shall be prosecuted in the Quarter Sessions and the forfeiture shall be equally divided between the prosecutor and the poor of the Parish XI The Officer that shall levy the poors moiety shall deliver it to the Church-wardens and Overseers of the Parish or one of them and they shall in convenient time make distribution thereof to the poor in pain that both the Officer and they shall forfeit respectively double the value of that moiety to be recovered and employed as aforesaid XII Stat. 4 Jac. 5. One convicted of drunkenness in Court or before a Judge or Justices in their several limits shall forfeit five shillings to the poor to be levied and imployed as the penalties of 1 Jac. 9. and in case he be not able to pay it shall remain in the stocks six hours XIII Here the Officer that neglects to levy the said penalty shall forfeit ten shillings to be levied and employed as aforesaid XIV A Town-dweller which is convict to sit tipling in any Inn Victualling-house or Ale-house by the view of one Justice or the proof of two witnesses shall forfeit ten groats to be levied and employed as aforesaid and being not found able to pay it shall remain in the stocks four hours XV. These offences as also those mentioned in 1 Jac. 9. shall be enquired of heard and determined at the Ass Qu. Sess in corporate Towns and in Leets XVI One convicted the second time of drunkenness shall be bound in ten pounds with two sureties to the good behaviour XVII All Constables Church-wardens Headboroughs Tithingmen Aleconners and Side-men shall be charged on their Oaths to present the said offences XVIII This Act shall not restrain Ecclesiastical jurisdiction nor the two Universities XIX None shall be twice punished for one offence XX. The offenders against this Act shall be prosecuted within six months XXI Stat. 21 Jac. 10. An Alehouse-keeper lawfully convicted for any of the offences forbidden by the Statutes of 1 Jac. 9. or 4 Jac. 5. shall be disabled to keep Alehouse within three years after ☞ XXII Stat. 21 Jac. 7. One witness or the parties own confession shall be sufficient to prove the breach of 1 Jac. 9. and 4 Jac. 5. and the oath of the party confessing shall be sufficient to convince any other XXIII The like view proof or confession shall convince a drunkard as well for the penalty of 5 s. as for the binding of him to the good behaviour according to 4 Jac. 5. XXIV An Alehouse-keeper offending against 1 Jac. 9 or 4 Jac. 5. according to the alterations of this Act is disabled to keep Alehouse within three years after XXV All Constables Church-wardens Headboroughs Tithingmen Ale-conners and Side-men shall be charged on their oaths to present the offences committed against 1 Jac. 9. and 4 Jac. 5. according to the Alterations of this Act. XXVI Stat. 1 Car. 4. The Inn-keeper Alehouse-keeper or Victualler which suffers any person whatsoever to sit tipling in his house shall incurr the penalty of 1 Jac. 9. to be proved levied and employed as in that Statute is appointed XXVII Vintners which do also keep Inns or Victualling-houses shall be taken to be within this Act as also within the Statute of 1 Jac. 9. and 4 Jac. 4. ☞ XXVIII Stat. 3 Car. 3. None shall keep Alehouse without license in pain to forfeit 20 s. to the poor which the Constable and Church-warden upon warrant from the Justice before whom the offence is proved shall levy by distress which within three daies may be sold to satisfie the penalty and in case the delinquent hath not wherewithall the said Justice shall commit him to the Constable to be openly whipped And here the view of one Justice the confession of the party or proof by two witnesses is sufficient conviction XXIX Here the Officer that neglects to execute the Warrant or to punish the offender shall suffer imprisonment without bail or pay 40 shillings to be employed as aforesaid XXX In this case if the Alehouse-keeper offend the second time he shall be committed to the House of Correction for one moneth and for the third offence shall not be thence enlarged but by order of Sessions XXXI The offender once punished by this Act shall not be again punished by 5 6 E. 6.25 contra XXXII This Act shall not restrain the selling of Ale and Beer in Fairs Alienation without Licence I. Prerogat Regis Note that clause is in Rast fo 7. c. But I finde it not in the Stat. at large not in Stanford 'T is in Polton cap. 6. Cap. 6. 17 E. 2. None holding of the King in chief by Knight-service may without his Licence aliene so much of his Land that the residue will not suffice to doe his service but this is not meant of little parcels thereof II. When Serjeanties are aliened without the King's Licence the King hath used to rate them at a reasonable extent III. Stat. 1 Car. 3. All Licences of Alienations other then upon raising of uses by force of any Deed from or out of the Estate of the Covenantor shall be general to aliene without expressing any uses IV. The Officer that takes above 26 s. 8 d. for drawing pleading entring finishing and discharging a Licence or Pardon of Alienation shall forfeit to the party grieved for every peny so taken 5 s. to be recovered by information or action of debt and shall be for ever after disabled to bear Office in any Court of Justice Aliens I. Stat. 31 H. 6.4 If any stranger being in league or having the King 's safe conduct be attached in his person or robbed of his ship or goods by any of the Kings Subjects at sea or in any Port within the Kings Dominions the Chancellor upon a Bill of complaint calling to him any of the Justices of either Bench shall have power to enlarge the person so attached and to make delivery and restitution of the Ship or goods or the value thereof and also of all costs expences and losses sustained in that behalf * II. Stat. 1 R. 3.9 An Alien Artificer not made Denizon shall not remain nor exercise any Handicraft in England unless as servant to a Subject skilful in the same Art in pain to forfeit all his goods III. No such Alien shall here in England make any cloth or put any wooll to work in pain to
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
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
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
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
until the next Quarter-Sessions at which the more part of the Justices may allow him a pension which the Treasurers shall pay him quarterly until it shall be revoked or altered by the said Justices And this allowance to him that hath not born Offices shall not exceed 10 l. to an Officer under a Lievtenant 15 l. to a Lievtenant 20 l. XXX When Souldiers or Mariners arrive far from the place where they are to receive relief the Treasurers there shall give them relief and testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtained any allowance thereof from the said Muster-master or Receiver general of the Muster-rolls XXXI The Treasurers shall register their Receits and Disbursments and enter the names of the parties relieved and also the Certificate by warrant whereof the disbursments are made the Muster-master also or Receiver aforesaid shall register the names of the parties and the Certificates by him allowed and the Treasurer returning or not allowing the Muster-master's Certificates shall thereupon subscribe or endorse the cause of his disallowance XXXII Justices of Peace in Sess have power to fine a Treasurer that wilfully refuseth to give relief which any two of them appointed by the rest may levy by distress and sale of goods XXXIII A Souldier or Mariner that begs or counterfeits a Certificate shall suffer punishment as a common Rogue and shall lose his pension if he have any XXXIV The surplusage of this contribution shall be imployed by the more part of the Justices in Sessions upon charitable uses according to the statutes made for relief of the poor and punishment of Rogues XXXV In Corporations the Justices there shall put this Act in execution and not the Justices of the County and shall be liable to fines as well as other Justices if they misuse their power therein and shall appoint a Collector of this tax which shall have the power and be subject to the penalties limited by this Act to High-Constables of the Counties XXXVI The forfeitures accruing by this Act shall be imployed as the surplusage abovesaid or otherwise kept in augmentation of the stock as the more part of the Justices in Sessions shall direct XXXVII When out of the County where the party was prest a fit pension cannot be satisfied it shall be supplied by the Counties where he was born or where he last dwelt by the space of 3 years XXXVIII This Act shall not prohibit the City of London to make a tax if need require differing from that above limited so that no Parish pay above 3 s. weekly nor above or under 12 d. weekly one Parish with another XXXIX Stat. 13 Car. 2. ca. 6. The command and disposing of the Militia and 14 Car. 2. ca. 3. all the forces by Sea and land and Forts and places of Strength declared to be in the King and neither or both Houses of Parliament can or ought to pretend any power to levy war offensive or defensive against the King his Heirs or lawful Successors Provided this Act be not taken to extend to give or declare any power for transporting or compelling any of the subjects to march out of this Kingdom otherwise then by the Laws thereof ought to be done XL. Stat. 14. Car. 2. ca. 3. The same again declared and that the King his Heirs and Successors may issue forth Commissions of Lievtenancy for the several Counties and places of England and Wales and town of Berwick upon Tweed impowering them to call together persons and them to arm and form into Regiments and lead and conduct and employ them as his Majesty shall direct as well within the several Counties and places where they be commissionated as into other Counties for suppressing all Insurrections Rebellions and Invasions XLI The Lievtenants impowered to commissionate Officers and to present the names of such persons as they shall think fit to be Deputy-Lievtenants and upon the King's approbation to give them Deputations accordingly which his Majesty his Heirs or Successors may notwithstanding displace XLII In absence of the Lievtenants the Deputy-Lievtenants oâ— any two of them may train exercise and lead persons so armed to the intents hereafter expressed XLIII The Lievtenants or Deputy-Lievtenants the major part of them being 3 at least may charge persons with horse or foot-arms where their estates lie not exceeding the limitations in the Act viz. 1. None to be charged with horse unless he have a revenue of 500 l. per annum or 6000 l. in goods or money 2. None to be charged with foot-arms not having 50 l. per annum or 600 l. in goods nor shall he be charged with horse and foot in the same County 3. None that find or contribute towards a horse shall find any foot-arms and two or three may be joyned in finding an horse-arms 4. No person not having 100 l. per annum shall be contributary to a horse-arms 5. The Lievtenants and Deputy-Lievtenants or any three of them impowered to hear and redress complaints and examine witnesses upon oath 6. Two shillings per diem shall be allowed an horse and 12 d. per diem a foot-souldier 7. The Lievtenants or any three Deputy-Lievtenants may set rates for furnishing ammunition or other necessaries not exceeding in any one year a fourth part of 70000 l. 8. In cases of Invasion or Insurrection every souldier is to be provided of one moneth 's pay but no person to be charged further until the said moneth 's pay be reimbursed him 9. Lievtenants Deputy-Lievtenants and Chief-officers may charge horses carts and carriages for ammunition allowing 6 d. a mile to every cart with 5 horses and 1 d. the mile for a horse 10. Mutineers may be punished by mulcts not exceeding 5 s. or imprisonment not exceeding 20 days 11. The Lievtenants or 3 Deputy-Lievtenants may impose and levy penalties not exceeding 20 l. upon every person charged and refusing to furnish arms and imprison any person that shall imbezil arms until satisfaction and fine any horse-armes not appearing upon summons 20 s. and any foot-arms 10 s. and upon persons charged and not sending in their horses upon summons 5 l. to be levied by distress and sale of the offender's goods 12. And for discovering the abilities of persons chargeable and misdemeanours in hindrances of the service the Lievtenants or any 3 Deputies may examine any person upon oath other then the parties assessed and accused XLIV The Lievtenants may appoint Treasurers and clerks who are to account for money received every six moneths and to certifie the same to the King 's Privy councel and duplicates thereof to the Quarter-Sessions XLV Deputy-Lievtenants shall obey and execute the directions of the Lievtenants XLVI The Lievtenants or any two Deputy-Lievtenants may imploy any persons with the assistance of a Commission-Officer and Constable or other Parish-officer to
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
purpose to commit Manslaughter XLIII Stat. 21 Jac. 6. For felony where the man may have his Clergy the woman shall be burned in the hand with an hot Iron Clerks of the Chancery I. Stat. De Sacramento Clericorum Cancellariae 18 E. 3. The form of the oath of the Clerks of the Chancery II. Stat. 14 H. 8.8 The six Clerks of the Chancery may marry wives and yet injoy their Offices ☞ Clerk of the Crown I. Stat. 2 H. 4.10 When divers persons are joyntly indicted the Clerk of the Crown shall take but one fee viz. 2 s. for them all and not several fees for each person Clerk of the Market * I. Stat. 13 R. 2.4 The Clerk of the Market of the King's House shall execute his Office duely and all false weights and measures shall be burnt II. The said Clerk shall take no common fine but every one shall be punished according to their demerit III. He shall not ride with above six horses and shall tarry no longer in a place then need requireth IV. If he offend against this Law he shall pay to the King for the first time 5 l. for the second 10 l. for the third 20 l. * V. Stat. 17 Car. 19. There shall be one weight and one measure according to the Standard of the Exchequer throughout the Realm and every measure of Corn shall be striked without heap VI. Whosoever shall sell buy or keep any other weight or measure whereby any thing is bought or sold after six moneths after this Sess of Parliament shall forfeit for every such offence 5 s. being thereof lawfully convicted by the oath of one witness before a Justice of Peace Mayor or other Head-officer in their several Precincts respectively who shall have power to administer an oath in that behalf which said forfeiture shall be levied by the Church-wardens and Overseers of the poor or one of them where the offence shall be committed to the use of the poor there by distress and sale of goods rendring the overplus to the party offending and in default of distress the Justice Mayor or Head-officer may commit the offender to prison untill he shall pay the summ so forfeited VII The Clerk of the Market of the King or Prince's houshold and his Deputies shall onely execute their offices within the verge and not elsewhere And Head-officers of Corporations and Lords of Liberties and their Deputies may execute theirs in their several Precincts as they might have done before this Act was made VIII If any of the Officers aforesaid shall seal any weight or measure which is not agreeable to the said Standard or shall refuse to seal such as are agreeable thereunto the party paying onely such fees for the allowance thereof as are warranted by Statute or some ancient custome they and their Deputies respectively shall for every such offence forfeit 5 l. to be levied as aforesaid to the use of the poor where the offence was committed IX If they shall take any other fine fee reward or summ of money then what are allowed by Statute or some such ancient custome for the signing or examination of any weights or measures which have been formerly marked or sealed or shall impose any fine or amerciament without a legall triall of the offence or shall otherwise misdemean themselves in the execution of their Office and shall be thereof lawfully convict they shall forfeit for the first offence 5 l. for the second 10 l. and for every other offence 20 l. to be levied as aforesaid to the use of the poor where the offence was committed X. He that is fined or amercied by this Act shall not be again punished for the same offence by force of any former Law or Statute XI This Act shall not extend to the measure of rent-corn nor to water-measure nor to colledges or societies XII If any Officer authorized to execute this Statute shall be impleaded for any Act he shall do therein he shall plead the general issue Not guilty and yet give this Statute or any other special matter in evidence And if he be found not guilty or the Plaintiff be non-suited he shall recover treble costs Clerks of Signet and Privie Seal I. Stat. 27 H. 8.11 How and in what manner the King's grants writings and leases shall pass the privie Signet the privy Seal and the Great Seal and in what time they shall pass those Seals and forfeitures set upon the Clerks of the privie Signet and privie Seal for not doing their duty and what fees they shall take for those writings and what fees shall be paid to any person for the same and how and where such writings shall come to the Great Seal with an immediate warrant and not pass the Signet or privie Seal and what fees shall be then paid therefore and how and under what Seals the King's leases grants and writings of Lands or Offices of the County Palatine or Dutchie of Lancaster shall pass and what grants leases or writings for the King may be made without his warrant and divers Articles at large concerning these matters for these see the Statute it self at large Coaches * I. Stat. 14 Car. 2. cap. 2. None shall let Coaches to hire within London and Westminster without license from Commissioners to be impowered by the King under the Great Seal for licensing of Coaches and no Hackney coach-horse shall be less then 14 hands high and the Coaches licensed shall not exceed 400 in number Every Coach licensed shall have a several mark of distinction and none shall be licensed to keep above 2 Coaches upon pain of 5 l. for every offence one moiety to the Commissioners for paving the streets the other moiety to the Informer II. The Commissioners are not to license such as use any other trade and chiefly to license such as have been ancient Coach-men or have suffered for the King or the widows that have Coaches of their own III. Penalty upon every Commissioner for every supernumerary Coach licensed 100 l. whereof 20 l. to the informer and the residue towards repairing the high-ways to be levied by distress by Warrant under the hands and seals of 5 other Commissioners for mending the high-ways and paving the streets IV. Licensed Coach-men about London and Westminster shall take for hire but 10 s. per diem 18 d. for the first hour and 12 d. every hour after nor from any Innes of Court to any part of S. James's or Westminster above 12 d. and from any Innes of Court to the Royal Exchange 12 d. to the Tower of London Bishopsgate-street Algate or thereabouts 18 d. and so from the said places to the Innes of Court and the like rates to places of like distance and upon refusing to goe or exacting more to forfeit for every offence 10 s. V. Every Hackney-coach-man licensed shall pay 5 l. per annum by quarterly paiment towards repairing high-ways and paving the streets and certificates of all Hackney-coaches licensed shall be made to the
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
wager of Law c. shall be allowed CLXI The party offending against this Act shall be disabled to execute any employment in any Court of Justice and to exercise any Jurisdiction by the force of any Letters Patents from the King CLXII No new Court which may have the like power that the High Commission pretended to have shall be hereafter erected but all such jurisdictions and all acts sentences and decrees made by colour thereof shall be utterly void and of none effect Vid. Title Courts and Eccclesiastical Jurisdiction n. 1.11 c. Cui in vitâ I. West 2.3 13 E. 2. A Writ of Entry called Cui in vita is given to the wife for the recovery of her land lost by the default of the husband in his life time and in his life time also she shall be admitted to defend her right if she come in before judgment II. The like priviledge is given to the Reversioner where the tenant in Dower by the Courtysie for life or by gift doth lose by default or will yeild up the land ☞ Customs Customers and Controllers I. Stat. 14 E. 3.21 A mark shall be the Custom of a Sack of wool and of woolfels and leather the old custom II. A Sack of wooll shall contain 26 stone and each stone 14 pounds and for every sack of wooll exported four nobles worth of silver plate shall be imported and brought to the King's exchange where the party shall receive his mony for his plate III. Wools shall not be cocketed but in the name of the right owner in pain to forfeit the same IV. Stat. 14 R. 2.10 No Customer or Controuler shall have any Ships of his own nor meddle with the freight of Ships V. Stat. 4 H. 4.20 Every Customer upon his account shall be sworn to render a true account to the King VI. Stat. 11 H. 4.2 None that holdeth a common Hostery shall be a Customer Controuler Finder or Searcher VII Stat. 3 H. 6.3 No Customer Collector or Controuler shall conceal Customs duely entred and paid in pain to forfeit the treble value of Merchandize so customed and to make fine and ransom to the King of which penalties the profecutor shall have a third part VIII Stat. 11 H. 6.15 Every Customer and Controuler shall deliver to the Merchant a warrant under the Seal of their Office of the Merchandize to them shewed without fee in pain to be subject to be sued by the Merchants and to forfeit for every such default 10 l. to the King and 5. to the Merchant IX Stat. 20 H. 6.4 Merchant Denizons that transport any Wooll Woolfels or Tin to any other place then the Staple shall pay such custom and other duties for the same as Merchants Aliens pay X. This Statute shall not prohibit such as have the King's licence to transport those commodities to other places then Calice where it seems the Staple then was XI Stat. 20 H. 6.5 No Customer Controuler Searcher Surveyor of Searchers or their Clarks Deputies Ministers Factors or servants shall have any Ship of their own use Merchandise keep a Wharf Inn or Tavern or be a Factor Attorney or Host to a Merchant in pain of 40 l. to be divided betwixt the King and the Prosecutor XII Stat. 1 H. 7.2 Aliens made Denizons shall pay such customs and subsidies as they did before they were made Denizons XIII Stat. 3 H. 7.7 Every Merchant that importing any goods into this Realm entring the same with the Customer of the Port where he lands and paying there all duties is minded to transport them to some other Port shall obtain a Certificate under the Customers Seals expressing the nature colour length value content or weight of such goods to be directed and delivered to the Customers of the Port where they are to be conveyed before they be discharged in pain to forfeit the said goods to be divided betwixt the King and the Prosecutor And the Customers are to make a true Certificate thereof in pain to forfeit their Offices and make fine at the King's pleasure XIV No Merchant Denizon or Stranger shall make entry of any goods in the Customer's books but onely in the name of the right owner in pain to forfeit the same suffer imprisonment and make fine at the King's pleasure XV. None shall take upon him to be a Customer Controuler or Searcher in any City Borough or Town while he is a common Officer or Deputy to a common Officer there in pain to forfeit 40 l. for every six moneths he so executes them together to be divided betwixt the King and the prosecutor XVI Stat. 11 H. 7.6 The Custome and Subsidy of all woollen clothes to be carried beyond Sea wheresoever they were packed shall be paid to the Customers of the Port where they shall be shipped or to their Deputies XVII Stat. 11 H. 7.14 Merchants Strangers though made Denizons shall pay such Customs and Subsidies as they should have paid if they had not been made Denizons XVIII Stat. 1 H. 8.5 The Branch of the Statute of 3 H. 7.7 concerning the entry of goods in another's name is repealed because it seemed to extend as well to Englishmen as strangers XIX Any Englishman and other Subject of the King 's may custom in his own name the goods of another Englishman or Subject XX. Every Merchant-stranger may custom in his own name the goods of another Merchant-stranger so that such Merchant-stranger and also the owner of the goods be charged with like custom XXI He that so customs goods that the King thereby loseth his custom or other duties shall forfeit the goods to the King and as much to the party grieved as the goods are worth XXII None free of the Prizage or Butlerage of Wines shall custome any Wines of another not free thereof in pain to forfeit the double value of the Wine so customed XXIII An Action of Debt is given to the party grieved against him that customs goods in his own name when they are another man's to recover the value of the goods so customed XXIV Stat. 4 H. 8.6 No Collector or Controuler of the Subsidy of Cloth of Gold Silver Bandekin Velvet Damask Sattin Sarsenet Tartron Chamlet or other Cloth of Silk shall take any thing for sealing the same in pain to forfeit 20 l. for every time XXV The Collector or Controuler shall not delay the Merchant in sealing such Merchandize in pain of 40 s. to be divided betwixt the King and the Merchant grieved XXVI Stat. 2. 3 E. 6.22 If any offend contrary to the Statute of 1 H. 8.5 they shall forfeit all their goods and chattels to be divided betwixt the King and the prosecutor if the Action be prosecuted within three years XXVII Stat. 12 Car. 2. ca. 4. A Subsidy of Tunnage and Poundage granted to the King for life upon the cause and trust of guarding and defending the Seas and intercourse of trade viz. Tunnage 1. Every Tun of French wine brought into the Port of London by
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
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
may be used in dying upon woaded wool and of cloth made onely of woaded wooll the said wool and cloth being perfectly boyled and maddered cork also may be put upon cloth perfectly boyled and maddered XXXVI Every piece of cloth shall be perfectly wrought throughout the whole piece according to the same order of workmanship XXXVII If any difference in weaving fulling knotting or barking or any raw skaw cockle or flag happen therein a seal of lead shall be hanged on the lowest part of the edge thereof to the end the buyer may take notice thereof XXXVIII Clothes Streats and Kerseys of a true length breadth and making shall be sealed at the end thereof with a double print of lead XXXIX Clothes Streats and Kerseys not containing the due length and breadth or not perfectly made and two parts thereof perfectly made keeping their said length and breadth every such peice shall be sealed in form aforesaid XL. If a Cloth Streat or Kersey be longer then an half cloth and shorter then an whole one and yet have the true breadth and be perfectly wrought it shall have a seal differing from the other two abovesaid and fixed to the end thereof XLI A Cloth Streat or Kersey less then an half Cloth shall be sealed at the end thereof by a seal differing from all the rest XLII All the said seals are to be ordained by the Lord Treasurer for the time being who hath power to make as many Keepers of them as he shall think necessary so as one of them be Aliens XLIII These Keepers shall yearly render an account of the revenue of their Offices without paying any fees for the same and shall also be rewarded by the Treasurer and Barons according to their labour and diligence XLIV If any of the said Keepers be sound faulty or corrupt in his Office refuse to seal extort more then his due fees or refuse to shew his Commission upon sealing or measuring any such cloth he shall forfeit twenty shillings to be divided betwixt the King and the prosecutor and to be recovered in the Exchequer XLV This Statute and others heretofore made and in force which concern the premisses shall be inserted in every such Keeper or Aulnagers ' Commission XLVI The Clothier shall pay to his work-folks their wages in ready mony and not in wares as formerly in pain to forfeit to such work-folks treble dammages and shall deliver them wooll according to due weight in pain to forfeit 6 d. for every such default XLVII Every Carder Spinster Weaver Fuller Shearman and Dyer shall duely perform their duty in their occupation in pain to forfeit double dammages to the party grieved and every Fuller in Fulling Rowing or tazeling of Cloth shall use tazels and not Cards in pain to yield double dammages to the party grieved XLVIII Every Justice of Peace Constable of an Hundred or Steward of a Leet out of Corporation and in Corporations every Head-Officer or Officers where no Master is and every Master shall hear and determine such complants as well concerning the non-payment of the Labourer's wages as the dammages aforesaid for which said dammages they shall also have power to-commit the offender to prison until the party grieved be satisfied XLIX The said Justice and Officers have power at the instance of any other person to inqure after and punish such offenders by inflicting 3 s. 4 d. upon them to be paid to the King or other Lord of the Liberty where such offence is committed L. No Cloth made in any other Region except in Wales Ireland or taken at Sea without fraud shall be brought into England to be sold in pain to forfeit the same LI. Stat. 7 E. 4.2 The inhabitants of the hundreds of Lifton Tavestock and Rouburgh in Devon may put flocks into their cloths notwithstanding the Statute of 6 E. 4.1 Vide supra * LII Stat. 17 E. 4.3 No person Denizon or Stranger shall carry beyond Sea any Woollen Yarn or cloth not fulled in pain to forfeit the value thereof to be divided betwixt the King and the prosecutor LIII Stat. 7 E. 4.5 Woolen clothes half clothes Streats and Kerseys being perfect in making and measure shall be sealed with wax at both ends except in London and Bristol which shall be sealed with lead LIV. The Lord Treasurer hath power to let to farm the Subsidy and Aulnage of clothes and also the moiety of all forfeitures of clothes not duly sealed for which they shall be accomptable in the Exchequer * LV. Stat. 1 R. 3.4 Broad-cloth shall be fully watered before it be put to sale and every whole cloth and also Broad-cloth being watered ready for sale shall contain in length 24 yards cach yard having a man's inch added thereunto to be measured by the crest and shall also contain in breadth two yards within the lists LVI Every half such cloth shall contain in length 12 yards with inches and to be measured by the crest as aforesaid and in breadth two yards within the lists LVII The half cloth shall not exceed 16 yards in pain of cutting the whole cloth in three pieces and the half Cloth in two pieces and to lose for every whole Cloth 6 s. 8 d. and for every half cloth 3 s. 4 d. not fully watered or not keeping the said measures LVIII If a whole cloth or half cloth exceed these measures the buyer shall pay for the excess Howbeit the half cloth must not pass 16 yards LIX Streats shall contain in length 12 yards with inches as aforesaid and in breadth one yard within the lists in pain to have each of them cut in two pieces and besides to forfeit for each of them 20 d. LX. Kerseys shall contain in length 18 yards with inches as aforesaid and in breadth one yard and a nail at least in pain to have them cut as aforesaid and to forfeit for each of them three shillings four pence LXI The Lord Treasurer shall appoint seals for cloth to be made having the King's arms printed on the one side and the arms sign or token of the City Burrough or Town or the name of the County where they are made on the other side LXII The Lord Treasurer shall make none Aulnager Sealer or Keeper of the seal but him that is expert in cloth-working and worth 100 l. at least and the officer so deputed shall sell no cloth but such as is made within the limts of his deputation in pain to forfeit to the King for every whole cloth 5 marks for an half cloth 33 s. 4 d. for a Streat 20 s. and for a Kersey 10 s. LXIII None shall set or draw in length or breadth any cloth fully watered by tentoring or otherwise in pain to forfeit the same LXIV None shall set cast or put upon cloth any flocks chalk or other deceitful thing in pain of 40 s. for every cloth so used LXV No Shear-man or other shall shear or cancel any cloth not fully watered upon the like pain
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
Per quae servitia shall be entred upon Record unless the party attorning have first appeared in Court or by Attorney warranted under the hand of a Justice of one of the Benches or of Assize And every Attornment otherwise made shall be void without any Writ of Errour or other means to be used for the avoiding thereof IX There shall be an office for the inrolments of Writs for fines and recoveries and one of the Justices of the Common-Pleas besides the chief Justice shall have the care thereof and shall have for the inrolment and examination of every fine with the parts thereof 6 s. 8 d. and as much for a Recovery and the parts thereof and for every exemplification of them 5 s. and for the search of every year 4 d. and for every sheet of a Copy containning 14 lines 4 d. and shall subscribe his name to the Roll after he hath so examined it in pain of 5 l. X. The said Justice shall have power to punish the officers who manage that imployment by fine or amerciament for their misprision or negligence therein which shall be estreated amongst the fines and amerciaments of that Court. XI The Chirographer shall the first day of every Term fix in the Court of Common-Pleas a Table of each County containing a true content of the fines passed in any one Term and shall also deliver the like to each Sheriff in pain of 5 l. and the Sheriff shall fix it up in the Court at the next Assizes in like pain of 5 l. The said forfeitures are to be divided betwixt the Queen and the prosecutor and the Chirographer's fee for every such content is 4 d. XII The Records shall not be carried out of the Office of Inrolments and Fines and recoveries already passed and exemplified shall not be afterwards amended XIII Stat. 27 El. 8. Where a judgment is given in the King's Bench in debt detinue covenant accompt action upon the case ejectione firma or trespass first commenced there other then such where the Queen is party the plaintiff or defendant may sue forth of the Chancery a Writ of Errour commanding the chief Justice to cause the Record to be brought before the Justices of the Common Pleas and Barons of the Exchequer into the Exchequer-chamber which Justices and Barons or any six of them being of the Coif have there power to examine and reverse or affirm the said judgment other then for errour concerning the jurisdiction of the King's Bench or for want of form in any Writ Return Plaint Bill Declaration or other proceeding whatsoever and after such judgment reversed or affirmed the said record shall be remanded that the King's bench may proceed thereupon as shall appertain yet such reversal or affirmation shall not be so final but that the party who finds himself grieved may still sue in Parliament as before XIV Stat. 31 El. 1. The not coming of the Chancellor and Treasurer at the day of adjournment in any suit of Errour depending by force of 31 E. 3. Stat. 1. cap. 13. shall not be any discontinuance of the Writ of Errour But if both the chief Justices or either of those great Officers be there it shall be no discontinuance Howbeit no judgment shall be given therein unless both those Officers be there present XV. Any three of the Justices of the Common Pleas or Barons of the Exchequer may receive Writs of Errour award process thereupon and prefix days of continuance for such Writs notwithstanding the Statute of 27 El. 8. but no judgment shall be given therein without the full appearance of six according to that Statute and here also the party that finds himself grieved may sue in Parliament as before XVI Stat. 16 Car. 2. ca. 2. For preventing abatement of Writs of Errour upon judgments in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of Return of any writ of Errour to be sued forth by vertue of the Stat. 31 E. 3. ca. 12. recited in the Statute 31 El. ca. 1. shall not cause any abatement or discontinuance of any such Writ of Errour But if both the chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellor or Lord Treasurer shall come to the Exchequer chamber and there be present at the day of Return of any such Writ of Errour it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellor and Lord Treasurer had come and been present at the day and place of return of such Writ Provided no Judgment be given in any such suit or writ of Errour unless both the Lord Chancellor and Lord Treasurer shall be present thereat XVII An Act to prevent Arrests of Judgment and staying Executions by Writs of Errour and Supersedeas Vid. Title Execution num XI ☞ Escape I. West 1.3 3 E. 1. Nothing shall be taken for the escape of a felon until it be judged an escape by the Justices in Eyre in pain of restoring as much to the party grieved and as much also to the King II. Stat. 31 E. 3. Stat. 1.14 The escape of felons and the chattels of felons fugitives and Clerks convict adjudged by the King's Justices shall be levied as they shall fall III. Stat. 1 R. 3.3 Justices of Peace have power in Sessions to inquire of escape of felons Eschange I. Stat. 9 E. 3.7 Exchanges shall be kept where it shall please the King and his Council II. Stat. 25 E. 3. Stat. 5.12 Every man may exchange gold for silver or silver for gold or for gold and silver so that no man hold the same as exchanged nor take profit for such exchange in pain to forfeit the money so exchanged except the King's exchangers which take profit for such exchange according to the ordinance before made Note that this Statute is thus also recited in 5.6 E. 6.19 Howbeit the French Copy in stead of so as no man hold the same as exchanged hath it thus issint que nul home teigne comen eschange and so the mistake seems to be in the word come which should have been comen and Rastal in the first Edition of his Abridgment which I have renders it thus null preigne riens pur eschange dor pur argent on è contra sur pain de forfetter del mony issint change for priss changours le Roy quex pregneront solunque lordinante ent fait III. Stat. 14 R. 2. Stat. 1.2 For every Exchange the Merchant shall be bound in Chancery to buy within three moneths after such exchange Merchandise of the Staple to the value of the summ exchanged in pain to forfeit the same IV. Stat. 11 H. 4.8 The Statute of 14 R. 2. shall be duly executed and the Lord Chancellor shall send the estreats or exchanges taken of Merchants into the Exchequer every 15 dayes and the Barons there shall have
party at the time of his apparance was in prison beyond sea or in the Queen's service shall be discharged The Exchequer-Fees for respect of Homage The value of the Land The Queen's Fee The Remembrancer's Fee The Entry The Attourney's Fee  li.  li. sh d. sh d. sh d.   sh d. A 100 ad 60 10 00 01 08 00 04 By some  03 04 A 60 ad 30 06 08 01 08 00 04 By some  01 08 A 30 ad 20 05 00 01 08 00 04 By some  00 00 A 20 ad 15 03 04 01 01 00 04  l. sh d A 15 ad 10 02 00 01 08 00 04 By some voluntary annuities for all matters 2 00 0 A 10 ad 10 m 01 80 01 08 00 04 1 00 0 A 10 m ad 5 li. 01 00 00 00 00 04 0 13 4 A 5 li. ad 3 li. 05 08 00 08 00 04 0 10 0 A 3 li. infra 00 04 00 04 00 04 0 06 8           0 05 0           These never lose issues but have their fines paid whether they come or not LII The Treasurer's Remembrancer shall fatisfie every subjects charges that shall be vexed upon a supposal to be set by the Court so also shall his Clerks pay the issues lost when the subject hath duly paid his respect of Homage to be proved by the acquittance LIII The Treasurer's Remembrancer may by order of the Exchequer issue out process for the discovery and preservation of tenures notwithstanding this Act Howbeit no such tenure appearing the party shall be discharged without plea or fee. ☞ Escheators I. Stat. 14 E. 3.8 Escheators shall be chosen by the Chancellor Treasurer and chief Baron calling to them the two chief Justices as Sheriffs use to be chosen and they shall not continue in their office above one year II. Stat. 34 E. 3. Stat. 1.13 Every Escheator shall take his Enquests of good and lawful men well inherited and good same and inhabiting the County where the inquiry is made And the Enquest so taken shall be indented between him and the Jurors otherwise they shall be void The Enquests shall also be taken in good towns openly and not privily III. Stat. 34 E. 3. Stat. 1.14 Traversees of offices found before the Escheators shall be tried in the Bench. * IV. Stat. 36 E. 3. Stat. 1.13 An Escheator shall have no fee of the lands of the King's ward neither shall he commit any waste therein in pain of forfeiting treble dammages at the ward's own suit or by his friends The same law is also of other land seised by Enquest of office V. Land seised into the King's hand by an Escheator shall be let to farm by the Chancellor to him which tendreth a traverse to the office VI. Enquests shall be taken openly and by Indenture as aforesaid and if the Escheator do contrary to this Act he shall suffer two years imprisonment and be ransomed at the King's will VII Stat. 42 E. 2.5 None shall be Escheator unless he have 20 l. of land at least in fee He shall execute his office in proper person and upon the putting in of another his office determines VIII Stat. 8 H. 6.16 No Escheator or Commissioner shall take any Enquests but such as are impannelled by the Sheriff of the County within which he bears that office in pain of 40 l. to be divided betwixt the King and the party grieved IX Lands seised by the Escheator shall not be let to farm before the officer be fully returned and then they shall be let to him that tendreth a traverse to the office he finding surety to prosecute it with effect and to answer the profits in case he cannot maintain the traverse but then he must tender his traverse within a moneth after the return X. The Escheator or Commissioner shall return the office within a moneth in pain of 20 l. to be divided betwixt the King and the prosecutor XI Stat. 18 H. 6.6 No lands shall be granted before the King's title thereunto be found by inquisition nor within a moneth after unless it be to him that tendreth his traverse as aforesaid * XII Stat 18 H. 6.7 The Escheator shall return an office found before him into the Chancery or Exchequer within one moneth after the taking thereof in pain of 40 l. given by the Stat. of 8 H. 6.16 and besides to answer so much to the King as he is damnified for not returning the same XIII Stat. 23 H. 6.17 The Escheator shall take his inquest within one moneth after the delivery of the Writ unto him and that in some good Town openly XIV He shall not take above 40 s. for the execution of one writ in one County and that onely when his labour and costs require it otherwise he ought to take less and all this in pain of 40 l. to be divided betwixt the King and the prosecutor XV. If any will traverse an office no protection shall lie for the Patentee and concerning the demise of the lands to him that tenders a traverse the Statutes of 36 E. 3.13 8 H. 6.16 18 H. 6.6 shall be duly observed XVI Stat. 12 E. 4.9 None shall take upon him to be an Escheator or Deputy to an Escheator unless the Escheator himself hath free-hold within the County worth 20 l. per annum in pain of 40 l. to be divided betwixt the King and the prosecutor XVII His Deputy or Farmer shall be a sufficient man and shall certifie into the Exchequer his deputation within 20 dayes next after it is made upon the like pain of 40 l. to be divided as aforesaid XVIII Justices of Peace in Sessions have power to hear and determine these defaults and give judgment for the recovery of the said forfeitures XIX This Statute shall not restrain Corporations which have power by their Charter to appoint Escheators XX. Stat. 1 H. 8.8 No Office shall be returned into any of the King's Courts but such as is found by Jury in pain to forfeit 5 l. to the party grieved XXI The yearly revenue of an Escheator or Commissioner shall be fourty Marks in free-hold in the same County so that they shall not execute any Writ unless they have lands of that value in pain of 20 l. and the Commissioner not having such an estate may refuse to sit and shall be discharged upon oath without fine or fee. XXII They shall sit in open places according to former Statutes and shall take their evidence openly in pain of 40 l. XXIII Here if the Sheriff return a Juror not having 40 s. per annum free-hold in the same County he shall forfeit 5 l. XXIV The Inquisition shall be taken by Indenture whereof one part shall remain with the fore-man and the other part is to be delivered by the Commissioners or Escheator into the Petty-Bag-office from whence it is afterwards to
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
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
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.
they or two of them 1 Qu. shall think fit XVI Here the presentment of a Justice of Peace in Sessions upon his own knowledge shall be a good conviction whereupon the Justices in Sessions or any two of them 1 Qu. may assess a fine as well as upon a verdict of 12 men Howbeit the Delinquent shall here be admitted to his traverse as in other cases XVII The fines assessed in Sessions shall be estreated by the Clerk of the Peace levied accounted and imployed as by the Stat. of 2 3 P. M. 8. is provided XVIII Stat. 18 El. 10. A Subsidy-man according to 5 l. in goods or 40 s. in lands not chargeable towards the High-ways by the Stat. of 2 3 P. M. 8. shall find two able men to labour in the ways as by the said Statute is appointed XIX Every person having a Plough-land in several Parishes shall be chargeable with a team or draught in that Parish onely where he dwels Howbeit having intire Plow-lands in several Parishes he shall for every one of them find a team in the several Parishes where they lie although he be not inhabitant there XX. Every person not scouring his Ditches or not keeping low his hedges trees and bushes according to the Statute of 5 El. 13. shall forfeit for every such default 10 s. and he that scours not his ditches in the ground next adjoyning to the ground which is next the High-way to the end the water may have the better passage over the said groud next the High-way shall forfeit 12 d. for every rod so left unscoured XXI None shall cast the scouring of his ditch into the High-way and suffer it to lie there six moneths in pain to forfeit 12 d. for every load and it shall be lawfull for the Surveyors to make sluces where any such banks have been heretofore cast up XXII The penalties forfeited upon this Statute shall be levied by the Surveyors for the time being by distress and sale of goods and shall be imployed towards the amendment of the High-ways but if the Surveyors neglect to do it within one year after the offence committed the Constable and Churchwardens shall do it according to the provisions of the before-recited Statutes XXIII Justices of Assiz Oyer and Terminer Justices of Peace in Sessions Stewards in Leets have power to hear and determine the said offences XXIV Certain provisions for the repair of King's Ferry in the Isle of Shippery and of the ways leading thereunto XXV Stat. 39 El. 19. An Act for the repair of the High-ways in the welds of Sussex c. used for Iron-works wherein Justices of Peace have power to meddle See the Statute at large * XXVI Stat. 13 14 Car. 2. cap. 2. Stat. 2. Commissioners to be appointed by the King under the Great Seal for surveying ordering enlarging amending making or cleansing any Vaults Sinks or Sewers Pavements and amoving any nufances or encroachments by Sheds Stalls Posts or Walls within London and Westmister XXVII Provided such nusances which be above 30 years standing shall not be removed without satisfaction to the occupiers to be given by the Commissioners and upon difference of how much the Barons of the Exchequer to determine the same XXVIII Timber and irregular buildings to be prevented and upon conviction by view of the Commissioners or any 5 of them to be removed within one moneth after notice upon pain of 40 s. they shall after continue XXIX Certain High-ways and new built streets about London to be repaired and paved by the Commissioners at the charge of Owners of houses thereto adjoyning XXX Every load of Hay standing to be sold upon any the places new paved shall pay 6 d. and every load of Straw 2 d. towards paving and maintaining the same the same and all fines rents and penalties upon this Act to be levied by distress and defaults of distress imprisonment of the offendors XXXI The Commissioners for the Streets and ways may appoint a Clark and Collector Rakers or Carriers away of the Ashes and Filth and Scavengers and call them to an accompt and may hear and determine all differences concerning paving and cleansing the Streets XXXII Scavengers and Rakers may appoint fitting publick and vacant places to lay the Ashes and Filth of the streets in and and may pass through any Wharfs Dock or Yards with the same giving satisfaction to the owners of such yards upon any difference or unreasonable demand for such passage to be ascertained by the said Commissioners wherein upon any wrong the party injured may apeale for relief by petition to the Lord Treasurer and Barons of the Exchequer XXXIII The Commissioners to be accomptable for all rents fines and profits in the Exchequer and there to deliver in an accompt every Trinity Term. XXXIV All Streets Lanes Allies and places within London and Westminster Borough of Southwark and places adjacent to be cleansed of all Ashes Dirt and Filth twice every week XXXV None shall cast or lay before their doors or walls any Sea-cole ashes Dirt or Filth upon pain of 5 s. nor before the houses or walls of their neighbours nor before any Church Church-yard the King's houses nor cast the same into any publick sink or vault within London or Westminster or Southwark upon pain of 20 s. for every offence and all Churchwardens Keepers of White-hall Porters of Noble-men's houses and Keepers of Courts of Justice shall be liable to the like penalty for their neglect therein XXXVI None shall keep or cleanse Barrells nor mend Coaches or hew Timber in the streets upon pain of 20 s. for every offence XXXVII Rakers and Scavengers shall bring carts every day to receive and carry away Ashes and Filth upon pain of 40 s. for every neglect therein XXXVIII Every Justice of either Bench Baron of the Exchequer and Justice of the Peace of London and Westminster have power upon their own view or proof by one witness upon oath to convict persons offending against this Act and to dispose the penalties towards mending and cleansing the streets if upon proof half to the party informing if upon conviction by view then the whole towards repairing and cleansing the streets or ways to be levied by warrant from any such Justice under his hand and seal directed to the Constable or other Officer of the same parish by distress and sale of his goods and for default if no Peer imprisonment untill payment XXXIX Scavengers and Rakers within London to be elected and rates Assessed for their wages according to the ancient custome and new messuages to be rated as others and so also within the City of Westminster in all other Parishes and places as formerly to be chosen upon every Tuesday or Wednesday in Easter-week and two Tradesmen shall be Scavengers in every Parish to continue for a year who shall perform the office upon pain of 20 l. but upon refusal others shall be chosen the said penalties to be levied and imployed for mending the streets and
compound with any Defendant before answer nor then but by consent of Court in pain of 10 l. and the Pillory VI. Where the Informer delayes or discontinues his suit or otherwise is non-suit or overthrown the Court shall assign costs to the Defendant to be immediately levied by execution issuing out of the same Court VII Justices of Oyer and Terminer Assize and Peace in their Sessions have power to hear and determine these offences VIII This Act shall not restrain Actions brought for Maintenance Champerty buying of title or Imbracery nor any certain person or body Politique to whom any forfeiture or penalty is specially limited nor certain Officers who have lawfully used to exhibit informations IX Stat. 29 El. 5. in fine If any shall be sued upon any penal Law in the King's Bench Common Pleas or Exchequer where such person is bailable by law or may appear by Attorney the person so sued shall at the day contained in the first process appear by Attorney to defend the same and shall not be urged to personal apparence or to put in bail to answer the same X. Stat. 31 Eliz. 10. The said clause of 29 Eliz. 5. shall only extend to natural born subjects or free Denizons and none others ☞ Inrolments I. Stat. 6 R. 2.4 Deeds that were inrolled and late torn or imbezeled by Rebels in the late Insurrection being exemplified shall be of the same force as the deeds themselves would have been if they had been extant II. Stat. 27 H. 8.16 Bargains and sales to raise an use of Inheritance or free-hold must be by deed indented and inrolled within six moneths after the date thereof in some Court of Record at Westminster or in the County where the land lyeth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the land is not worth 40 s. per annum is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in parchment and to deliver them unto the Custos Rotulorum within one year after III. This Act shall not extend to lands tenements or hereditaments in Corporations where an Officer or Officers there have lawfully used to inrol deeds or other writing IV. Stat. 34. 35 H. 8.22 All Recoveries deeds inrolled and releases acknowledged or taken before any Officer or Officers of any Corporation having authority to receive the same shall remain in force notwithstanding the Statute of 32 H. 8.28 which see in Leases V. Stat. 5 El. 26. All inrolments of such writings indented as are mentioned in the Statute of 27 H. 8.16 of lands c. in the Counties of Lancaster Chester and the Bishoprick of Durham being inrolled within six moneths after the Date thereof viz. those in Lancashire in the Chancery at Lancaster or before the Justices of Assize there those in Cheshire in the Exchequer at Chester or before the Justices of Assize there and those in the Bishoprick in the Chancery at Durham or before the Justices of Assize there shall be as good in law as if they were inroled in any of the Courts at Westminster Intrusion I. Prerog Beg. Cap. 13. 17 E. 2. When the King's Tenant in chief dies and his heir enters into the land before he hath done homage to or received seisin of the King he shall thereby gain no free-hold and if he die seized during that time his wife shall not be endowed thereof as it fell out in the case of the wife of Mansel the Marshal II. Stat. 21 Jac. 14. When the King or any claiming under his title shall be out of possession or not have received the profits of lands c. within the space of 20 years before any information of Intrusion brought to recover the same In this case the Defendant shall plead the general issue if he think fit and shall not be pressed to plead especially and shall also retain the possession thereof until the title be found for the King III. Where an information of Intrusion may fitly be brought on the King's behalf no Scire facias shall issue whereunto the subject shall be forced to a special pleading and be derprived of the grace intended by this Act. Ipswich I. Stat. 13 El. 21. The streets of Ipswich in the County of Suffolk and of the Suburbs thereof shall be paved with good paving stone and for ever repaired by the Owners Landlords or Terre-tenants along from and against their houses lands and tenements adjoyning to the street viz. so much of the said street in length as his house lands c. so adjoyning extend unto and in breadth during all the length to the Channel or to such place as the Channel there shall be appointed by the Bailiffs to extend unto in pain to forfeit for every yard square not sufficiently repaired 8 d. II. The Bailiffs of Ipswich and the Portmen there the Church-wardens and four of every Parish shall have authority to tax upon every house ground and tenement there free and copy reasonable summs of money to be yearly paid as well towards the finding of a convenient stipendary Minister within every Parish as for the reparation of the Churches Ireland I. In the Book of Magna Charta is an Ordinance for Ireland concerning divers matters intituled Ordinatio pro statu terrae Hiberniae II. Stat. 17 E. 1. cap. 1. The King's officers in Ireland shall purchase no land there without the King's licence III. Cap. 2. King's Officers in Ireland shall make no purveyance there but by writ out of the Chancery there or in England that in time of necessity onely and by the advice of the Council there IV. Cap. 3. All kind of Merchandizes may be exported out of Ireland except to the King's enemies and if any Officer restrain them he shall satisfie double damages to the party grieved and be also punished by the King V. Cap. 4. The fees for every Bill of grace in Ireland under the seal of the Justice there shall be 4 d. for the Bill and 2 d. for the writing thereof VI. Cap. 5. The Marshal's fee for a Prisoner when he shall be delivered is 4 d. VII Cap. 6. No pardon of the death of a man or other felony or for flying for the same shall be granted by the Justices there but onely at the King's command and under his seals VIII Cap. 7. No Officers there shall receive any original writ which is not sealed by the seal of Ireland or by the Exchequer-seal there of things concerning that Court. IX Cap. 8. The Justice of Ireland shall not delay or adjourn Assize of Novel disseisin there save onely in the County where he is and while he shall remain there X. Stat. 34 E. 3.17 All kind of Merchandize may be exported and imported out of and into Ireland as
well by Aliens as Denizons XI Stat. 34 E. 3.18 All persons who have lands and possessions in Ireland may freely import and export their Commodities thither and from thence without Impeachment XII Stat. 1 H. 6.3 All Irish-men shall avoid the Kingdom except Graduates Beneficed men Lawyers having Inheritance in England and English parents religious persons professed Merchants Burgesses and others inhabitants of good fame and persons married in England and all they shall find surety for the good abearing XIII No Irish-man shall inhabit here in the Universities or elsewhere without a testimonial under the seal of the Lievtenant or Justices of Ireland testifying that he is of the King's obeysance to be delivered to the Chancellor here in pain to be punished as a Rebel XIV No Irish-man shall be Head or Governour of any Hall or house XV. Stat. 2 H. 6.8 Irish-men coming to live in England shall give surety for their good abearing viz. In the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other liberties to the Head-officers respectively XVI Stat. 16 17 Car. 30. An Act for a speedy contribution and loan towards the relief of the King 's distressed subjects of the Kingdom of Ireland See the Statute at large XVII Stat. 16 17 Car. 33. An act for the speedy and effectual reducing of the Rebels in Ireland to their due obedience to the King and the Crown of England and cap. 34.35 37. Certain other additional Acts were made for the same purpose and for the sale of forfeited lands there All which see at large ☞ Iron * I. Stat. 28 E. 5. Iron made in England or brought into England and sold shall not be exported in pain to forfeit the value thereof to the King II. Justices assigned have power to inquire of Labourers And other Justices to be assigned by the King shall also have power to inquire of such as sell Iron at too dear a price and to punish them according to the quantity of the trespass ☞ Judgment I. Stat. 14 E. 3. Stat. 1.5 A Prelate two Earls and two Barons shall have power by the King's Commission to hear by Petition complaints for delay of entring Judgments and to call before them the Justices and Records whereof such complaint shall be made and calling to them the Chancellor Treasurer the Justices of the one Bench or the other and others of the King's Council as many as they shall think fit shall give Judgment thereof and then the Records shall be remanded together with the Judgment which shall be immediatly entred accordingly II. In case the matter be too difficult it shall be referred to the next Parliament to be determined III. Judges and other Officers in Courts of Justice may be increased or diminished as need shall require and when they shall enter into their offices they shall make oath duly to serve the King and his people IV. Stat. 4 H. 4.23 Judgments given shall continue and the parties for whom they are so given and their heirs shall be in peace until they shall be reversed by attaint or errour if any be Judicial Proceedings I. Stat. 12 Car. 2. cap. 12. Which Judicial Proceedings during the late usurpation shall be good and effectual in law and which not ☞ Jurisdiction I. Artic. Cleri cap. 6. 9 E. 2. Albeit a case be debated and have judgment in the spiritual Court yet the King's Court may afterwards discuss the same matter as the party shall think expedient for himself II. Stat. pro Clero 25 E. 3. Stat. 3. cap. Conisance of avoidance of Benefices belongs to the Ecclesiastical Judge and not to the Temporal Juris Utrum I. West 1. cap. 24. 13 E. 1. A Writ of Juris Utrum shall be granted to trie whether free alms belong to one Church or another in case where they are transferred from one Church to another ☞ Jurors I. Marlb cap. 14. 52 H. 3. Such as have Charters of exemption not to be impannelled upon Juries shall notwithstanding their priviledge be sworn upon great Assizes Perambulations in deeds and writings of covenants where they be named for witnesses and in Attaints and when their oaths are so requisite that without them Justice cannot be administred II. West 2. cap. 38. 13 E. 1. No more Jurors shall be summoned in one Assize then 24. Also old men above the age of 70. or sick or diseased at the time of the summons or not dwelling in the Countrey shall not be put in Juries of petit Assizes neither shall any be put in Assizes or Juries that have not land worth 20 s. per annum And if the Assizes or Juries be taken out of the County their revenue shall be 40 s. per annum at least except such as be witnesses to deeds or other writings and be able to travel III. This Statute shall not extend to great Assizes where many times Knights are to be impannelled for they by reason of their scarcity may serve albeit they dwell out of the Countrey so they have land in the County for which they serve IV. No Sheriff Under-Sheriff or Bailiff shall offend against this Law in pain to answer damages to the party and to be amercied to the King V. Justices of Assize have power to hear and determine these offences VI. Stat. 21 E. 1. Stat. 1. None shall be impannelled to serve out of their proper County unless they have lands worth 5 l. per annum at least nor in the County unless they have lands worth 40 s. per annum VII This Statute shall not extend to Juries taken before Justices errant nor to Corporations but that they may do as in times past * VIII Artic. super Cart. cap. 9. 28 E. 1. None shall be impannelled but as is ordained by Statute and they shall be next neighbours most sufficient and least suspitious in pain that the Officer who doth otherwise shall answer double damages to the party grieved and be grievously amercied to the King IX Stat. 5 E. 3.10 If a Juror take a bribe of either party and be thereof attainted he shall serve no more of any Jury be imprisoned and ransomed at the King's will and the Justices before whom he serves shall have power to hear and determine this offence according to this Statute X. Stat. 25 E. 3. Stat. 5. cap. 3. No Indictor shall be put upon the Inquest for the deliverance of the Indictee of felony or trespass if he be challenged by the Indictee for that cause XI Stat. 34 E. 3.4 Sheriffs and others shall array their pannels of the next people not suspected nor procured in pain to be punished by the Justices that take such Inquests both to the King and the party grieved according to the quantity of the trespass and damage XII Stat. 34 E. 3.8 If any of the Jurors be accused by either of the parties for taking a bribe to give his verdict the Justices may presently trie it by a Jury then also to be taken
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
forfeited is saved XXXV The Act shall not extend to any Sheriff or Minister of a Corporation so that they return like issues as before are limited XXXVI Stat. 4 5 P.M. 7. A Tales de circumstantibus may upon request for the King or Queen by any authorized thereunto or assigned by the Court or upon request by the Prosecutor or his Attorney and by the command of the Justices of Assize of Nisi prius be granted in a suit commenced upon a penal Statute XXXVII The Stat. of 35 H. 8.6 shall be interpreted to give like advantages to the king Queen and prosecutor as it doth there to the Plaintiff as if such suits for the King had been there particularly mentioned XXXVIII Stat. 5 El. 25. Tales de circumstantibus shall be grantable in the 12 Counties of Wales and the Counties Palatine of Chester Lancaster and Durham being of the same effect with the Statute of 35 H. 8.6 See the Statute at large XXXIX Stat. 14 El. 9. In case the Plaintiff or Defendant forbear or refuse to pray a Tales it shall be granted by the Justices of Nisi prius in England or those of Oyer or Assize in Wales Chester Lancaster and Durham at the prayer of the Defendant or Tenant and that as well in suits upon penal Laws as upon other trials XL. Stat. 27 El. 6. The ability of Jurors returned upon trials ordained by the Statutes of 2 H. 5. Stat. 2. cap. 3. and 35 H. 8.6 to be 40 s. per annum is increased to 4 l. per annum upon the like pain of 20 s. to be forfeited by the Sheriff or other Officer for every Juror otherwise returned and in that respect the writs shall be Quorum quilibet habet quatuor libras c. XLI Here the issues to be returned shall be as followeth viz. upon the first writ 10 s. upon the second 20 s. upon the third 30 s. and the double of 30 s. afterwards until a full Jury be sworn or the process otherwise cease in pain that the Sheriff or other Officer shall forfeit 5 l. for every Juror returned with less issues set upon him XLII Upon issues lost by a failer of lawful summons the Sheriff or other Officer shall forfeit the double issues XLIII The Sheriff or other Officer that takes a bribe and agrees to take it directly or indirectly for the sparing of a Juror shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor XLIV Upon any trial two Hundreders shall be hereafter deemed sufficient notwithstanding any challenge hereafter to be made against the same XLV All lawful challenges shall be admitted notwithstanding this Act neither shall it extend to Juries in Corporations or Wales XLVI Stat. 16 17 Car. 2. cap. 3. All Jurors other then strangers upon trials Per medietatem linguae returnable for trial of issues in the King's Bench Common Pleas or Exchequer Justices of Assize or Nisi prius Oyer and Terminer Gaol-delivery or General or Quarter Sessions of the Peace after the 25 of April 1665 in any County of England shall have in their own name or in trust for them within the same County 20 l. per annum at least in their own or their wives right ultra Reprisas of Freehold lands or ancient Demesne or rents in Fee Fee-Tail or for life And in every County of Wales every such Jurors shall have 8 l. per annum as aforesaid And if any be returned otherwise it shall be a good cause of challenge and the party discharged upon his own allegation and oath thereof XLVII No Jury man's issues for default shall be saved but by special order of the Judges for good cause proved before the Judge where the issue is to be tried XLVIII The writs of ven fac to be made out accordingly and the Sheriff or other persons to make out pannels shall not return any persons but such as aforesaid upon pain for every person returned not having such estate the summe of 5 l. to the King his heirs and successors XLIX And for discovering such persons and estates every Sheriff shall on the first day of every Sessions after Easter yearly deliver to the Justices of the Peace then fitting the names of all such persons as are to be returned for Jury men to be by the said Justices or greater part of them approved for Jury men for the year then next ensuing and the said Justices may adde such others as are omitted by the Sheriff to serve of Juries for the said year And the Sheriff to incurre no penalty for returning any persons added by the Justices in case his estate be of less value then aforesaid L. No Sheriff or other shall return any person unless duly summoned by the space of six days at least before their days of apparance And have left with or for such persons in writing the names of all the parties in the causes in which they are to serve as Jurors nor shall take any reward to excuse the apparance of any Juror upon pain to forfeit 10 l. for every offence Saving to Cities and Towns Corporate their ancient usage in returning Jurors of such estate as hath been accustomed LI. Writs of ven fac ' Hab. Corpora or distringas in the County Palatine of Lancaster shall be sued out like as is used in other Counties in England returnable at the then next Assizes and like issues returned upon Jurors and to be Estreated as above provided LII And the Sheriff of the said County of Lancaster for the time being shall cause 12 lawful men so qualifyed as before appointed by this Act out of every of the six hundreds there to be duly summoned ten days before every Assizes to appear the first day of every Assizes there to attend all the said Assizes as Jurors in such causes between party and party upon pain to forfeit 10 l. to the use of the poor of the Town where such party offending doth inhabit to be levied as other issues of Jurors be levied LIII This Act to continue 3 years and to the end of the next Sesison of Parliament and no longer ☞ Justice and right and Justices I. Stat. 2 E. 3.8 No command shall be made under the great or little seal to disturb or delay common right and the Justices shall proceed to do right notwithstanding such commands II. Stat. 18 E. 3. Stat. 3.1 The oath to be given to Justices when they take their places to this effect viz. to serve the King in their Offices warn him of any damage do Justice take no bribe give no councel where he is a party maintain no suit nor deny right though by command from the King to procure the King's profit and to be answerable to the King in body lands and goods if found in default III. Stat. 20 E. 3.1 The King's Justices shall do right to all without respect of persons notwithstanding the King's letters or commands to the contrary wherewith if any be they shall acquaint
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
there without any such assistance to enter in the day time into any dwelling or other house edifice lodgings and chambers And search and examine whether there be any more Fire-hearths and Stoves in the same then formerly returned and certified and what Fire-hearths or Stoves increased or decreased since the former Certificate and after to make the like search yearly And if they shall finde any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tything-man or other Officer as aforesaid to certifie the same under his or their hands to the Clark of the Peace And after a probation thereof by the said Justices at their Sessions the same to be certified to his Majestie 's Remembrancer in the Exchequer and the Officer so appointed by the King unto the same shall after the 24 of June 1664 have power to collect and levy the revenue and duties aforesaid and all arrears of the same XXXVI The said duties shall from time to time be paid after the Feast of St. Michael the Arch-angel and our Lady-day yearly unto the Officers appointed by this Act to receive the same upon demand by such Officer or his Deputy at the house chamber or place where the same duty shall grow due And in case of refusal or default of payment by the space of an hour after such demand such Officer or his deputy may with the assistance of a Constable or other officer as aforesaid in the day time levy the said duty and all arrears thereof by distress and sale of the partie 's goods so refusing or making default restoring the overplus above the said duty and arrears and necessary charges for distraining the said charges not to exceed a moiety of the duty and arrears so levyed XXXVII Provided and enacted no person be distrained or molested for the said duty or any arrears after two years next after the same shall become due nor for any arrears already incurred after 2 years from the 24 of June 1664. * XXXVIII And in case of violent opposition or injury done by any person or persons to any such Officer or his deputy in the due execution of this Act the same proved by Oath before any one Justice of the Peace or chief Magistrate of the City Town or place dwelling near the place who are hereby impowred to administer the said oath It shall be lawful for any such Justice of the Peace or Magistrate to punish such Offendors by imprisonment in the Common Gaol for any time not exceeding one moneth And after the 24 of June 1664. All former Officers appointed to collect the said duty are discharged And the Officers appointed by this to collect the same shall pay the same into the Exchequer to the ends in the former Acts mentioned XXXIX Provided none be employed as aforesaid but upon security first given to the King for due collecting and paying the said Revenue and taking an oath before one of the Barons of the Exchequer or before such persons as shall be authorised to take such security and oath by Commission from the said Court of Exchequer for the due and faithful execution thereof according to the laws enacted to that purpose and that they shall demand no fee but onely from the King upon pain of being disabled to execute the said office or imployment and upon legal conviction to render treble dammages to the party grieved and shall sign and deliver acquittances for money by them received without any fee or reward whatsoever and such acquittances shall be a final discharge as in the first Act provided XL. If any person leave any house lodging or chamber before any half-year Feast whereon the said duty ought to be paid the next occupier shall be chargeable with the same for the said half year And if any person shall fraudulently stop up deface cover or conceal any chimney-hearth or Stove chargeable by the said Act the same to be proved either by confession of the party or upon oath before any Justice of the Peace or chief Magistrate or by their view he shall pay double the value of the duty for the same to be levied as aforesaid XLI Houses let apart from lands belonging to them or divided into several dwellings and let to persons who upon poverty may pretend exemption from payment shall pay the duty as they should have done before And no person except almes-houses inhabiting in any City Burrough Corporation Market-Town or Parish which hath above two Chimneys Fire-hearths or Stoves shall be exempted from payment If any question or difference shall arise about the taking any distress or levying any money by virtue of this Act the same shall be heard and finally determined by one or more of the Justices of the Peace near adjoyning or chief Magistrate of the Peace respectively upon complaint in that behalf XLII Every Collector appointed by virtue of this Act shall pay all moneys received into the receit of the Exchequer half yearly within 3 moneths after the Feasts of Michaelmas and our Lady-day upon pain of losing his office and all Justices of the Peace Constables and Officers are to assist the Officers in collecting and levying the said duty XLIII Provided no person be questioned for any arrears due on or before our Lady-day 1664. who shall produce to the Collector a certificate to be approved by the two next Justices of the Peace for their exemption from the said duty for that time according to the Rules in the first recited Act nor any person who hath truly paid the said duty and shall if required make proof thereof before any one Justice of the Peace or other chief Magistrate of the place XLIV All officers to be appointed by the King for collecting and receiving the said duty shall allow to the Petit Constables and Clarks of the Peace all allowances for their pains by former Acts appointed Knights I. Stat. De milit 1 E. 2. Divers causes for which a man may be excused from taking upon him the order of Knighthood See the Statute at large II. Stat. 16 17 Ca. 20. None shall be hereafter compelled by writ or otherwise to take upon him the order of Knight-hood and all proceeding concerning the same shall be void ☞ Labourers Artificers Servants and Apprentices * I. Stat. 2 3 E. 6.15 ARtificers Workmen and Labourers that conspire together concerning their work or wages every of them so conspiring shall forfeit for the first offence 10 l. to the King and if he pay it not within six days after conviction by witness confession or otherwise he shall suffer 20 days imprisonment and during that time shall have no sustenance but bread and water for the second offence he shall forfeit 20 l. and that not paid within 6 days as aforesaid shall suffer the Pillory and for the third offence shall forfeit 40 l. and that not paid within the said time shall again suffer the Pillory lose one of his ears and be
his own confession or the testimony of 2 honest men to have assaulted his Master Mistress Dame or Overseer he shall suffer 1 years imprisonment or less if the Justice or chief Officer shall think fit and if the party shall be thought to deserve a more severe punishment then to receive such open punishment life and member excepted as the Justices in Sessions or the chief Officer and 4 of the discreetest men in the Corporation shall think convenient XIX Artificers shall work in hay-time and Harvest in pain of Imprisonment in the Stocks 2 days and one night which the Constable shall inflict upon them in pain of 40 s. XX. It shall be lawful for labourers other then such as are retained in service according to this Statute to go to other Shires to work in hay-time and Harvest so that they bring with them a testimonial under the hand of one Justice of Peace or a chief Officer testifying that they have not sufficient work in the place where they lived the Winter before for which testimonial they shall onely pay a penny XXI Every unmarried woman fit to serve being above 12 years old and under 40 shall by two Justices of Peace a chief Officer or 2 Burgesses be compellable to serve for convenient time and wages in pain of imprisonment XXII Husbandmen being housholders and using half a Plough-land at least in tillage may take by Indenture Apprentices above the age of 10 years and under 18 to serve in Husbandry untill the age of 21 years at least or 24 years as the parties can agree XXIII Every housholder of the age of 23 years dwelling in a Town Corporate and using there any Art or Mystery shall and may take an Apprentice for 7 years at least Howbeit the term ought not to expire before the Apprentice accomplish the Age of 24 years XXIV Merchants Mercers Drapers Goldsmiths Iron-mongers Embroiderers and Clothiers dwelling in Corporate Towns shall take no Apprentices but their own children or such whose parents hav inheritance or Free-hold of 40 s. per annum to be certified under the hands and seals of three Justices of Peace of the County where such lands lie to the head Officer of the said Corporation who shall cause the same to be recorded Artificers in Market-towns not Corporate being housholders and of the age of 24 years may take other Artificers children to serve as Apprentices XXV Merchants Mercers Drapers Gold-smiths Iron-mongers Embroiderers and Clothiers dwelling in Market-towns not corporate shall take no Apprentices but their own children or such whose parents have inheritance of Free-hold worth 3 l. per annum to be certified under the hands and seals of 3 Justices of Peace as aforesaid XXVI Smiths Wheel-wrights Plough-wrights Mill-wrights Carpenters Rough-masons Plaisterers Sawyers Lime-burners Brick-makers Brick-layers Tylers Slaters Helyers Tile-makers Linnen Weavers Turners Coopers Millers Earthen Potters Woollen Weavers of Houswifes cloth onely Fullers Woodburners Thatchers and Shinglers may take Apprentices though their Parents have no land XXVII None which hath not served an Apprentice 7 years in any Art or Mystery now used shall use the same or set any other to work therein which hath not so served out that time in pain to forfeit 40 s. for every moneth XXVIII Woollen cloth Weavers other then such as inhabit Cumberland Westmerland Lancaster or Wales or in Cities Corporations or Market-towns shall take no Apprentices nor teach any their Art save their own children or such whose parents have Inheritance or Freehold worth 3 l. per annum to be certified under the hands and seals of 3 Justices of Peace of the County where the lands lie in pain to forfeit 20 s. for every moneth and the Indenture shall within 3 moneths be registred in the Parish where the Master dwells the fee of which registring is 4 d. XXIX Every Cloth-worker Fuller Sheerman Weaver Taylor and Shoo-maker shall for every three Apprentices keep one Journey-man and for every Apprentice above three another Journey-man in pain of 10 l. XXX This Act shall not prejudice Worsted-makers nor Worsted-weavers in Norwich and Norfolk XXXI If any person fit to make an Apprentice refuse to serve upon demand one Justice of Peace Mayor or Head-officer unto whom complaint thereof shall be made have power to commit him to ward until he shall be willing to serve accordingly XXXII If there shall arise any difference betwixt the Master and the Apprentice one Justice of Peace in the Country or the Mayor or Head-officer in a Corporation or Market-town shall have power to reconcile it if they can if not then to bind over the Master to the next Quarter-sessions where the Justice of Peace or any four of them 1. Qu. or the Head-Officer with the consent of 3 of his Brethren shall upon default found in the Master in writing under their hands and seals have power to discharge the Apprentice of his service and if default be found in the Apprentice then to inflict such punishment upon him as in their discretions shall be thought fit XXXIII None shall be bound to enter into an Apprenticeship other then such as be under the age of 21 years XXXIV Justices of Peace in their several Divisions and Head-officers in Towns corporate shall meet twice every year viz. once betwixt Michaelmas and Christmas and another time betwixt the Lady-day and Midsummer to give order for the due execution of this Statute XXXV Justices of Peace and Head-officers shall have 5 s. for every day they sit about the execution of this Statute to be allowed them out of the fines which accrue upon the breach thereof so that their sitting be onely for matters contained in this Statute and not above three days at one time XXXVI The forfeitures aforesaid except those otherwise limitted shall be divided betwixt the Queen and the prosecutor And all Justices of Peace or any 2 of them 1. Qu. and every Head-officer shall have power to hear and determine the breach of this Statute upon Indictment or otherwise and to award process and execution accordingly and shall yearly in Michaelmas term by Estreat certifie into the Exchequer the fines which accrue upon this Statute in manner as they ought to do in other cases XXXVII This Act shall not restrain the Cities of London and Norwich from taking of Apprentices as in times past XXXVIII None shall take Apprentices otherwise then is limited by this Act in pain of 10 l. and all indentures otherwise made shall be void XXXIX An Apprentice shall be bound by his Indenture notwithstanding his non-age of 21 years XL. The Inhabitants of Godalming in Surry may take and use such Arts and Apprentices as Market-towns may do by vertue of this Act. XLI The fines accruing by this Act in Towns corporate shall be appointed by the Head-officer to be collected as other fines and amerciaments for the use of the same Towns XLII When an Apprentice departs from his Master's service into another County or Corporation it shall be lawful
like manner as it is for other Cities and Boroughs IX Stat. 35 H. 8.10 An Act for repairing making and mending the Conduits in London Lords I. Stat. 31 H. 8.10 A direction how Lords and other great Officers are to be placed in Parliament See the Statute at large Madder I. Stat. 14 Car. 2. ca. 30. IMportation of Madder allowed and the plantation thereof in England encouraged and the punishment of such as shall mix it with sand or corrupt it II. The said Act repealed per Stat. 15 Ca. 2. Ca. 16. Stat. 3. in fine ☞ Mainprise and Bail I. Marlb 52 H. 3.27 Albeit a Clark being upon an offence against the Crown after arrest let to bail or replevied by the King's command will not or cannot by reason of his Clarks Office make answer before the Justices yet shall not those who let him to bail or his sureties be amercied so as he appears before the Justices II. West 1.15 3 E. 1. Forasmuch as before this time it hath not been determined what persons are repleviable and what not save only such as be taken for the death of a man or by the command of the King or his Justices or for the Forest it is now provided that Persons outlawed and such as have abjured the Realm Provors and such as be taken with the manner Prison-breakers Thieves openly defamed and known Appellees by provors during the life of such provors house-burners counterfeiters of the King's Seal or Coyn Excommunicate persons manifest Offenders and Traitors are not repleviable by common Writ or without Writ III. Persons guilty of Larceny by Inquests taken before Sheriffs or Bailiffs or of petty Larceny not before detected or accessary to any felony or onely guilty of some light suspicion are bailable by good sureties for which the Sheriff shall be answerable IV. If any Sheriff or other having the custody of a prison set any at large by surety who is not repleviable and be thereof attainted he shall loose his fee and office for ever and if any under officer doth it he shall suffer three months imprisonment and make fine at the King's will V. If any withhold prisoners repleviable after they have tendred sufficient surety he shall be grievously amercied and if he take any reward for the deliverance of such he shall pay double to the prisoner and be also grievously amercied VI. Stat. 3 H. 7.3 Two Justices 1. Qu. have power to let to bail persons bailable by Law until the next Quarter-Sessions or Goal-delivery and shall theoe certifie the same in pain of 10 l. VII The Sheriff and all others having the custody of Gaols shall certifie the names of all prisoners in their custody to the Justices of Gaol-delivery at their geneal Gaol-delivery in pain to forfeit for every such default 5 l. VIII The Statute of 1 R. 3.3 which gave power to one Justice of Peace to bail prisoners is repealed IX Stat. 1. 2 P. M. 13. None shall be let to bail which are forbidden to be bailed by 3 E. 1.15 X. None arrested for Man-flaughter or Felony or suspition thereof being bailable by Law shall be let to bail save only in open Sessions or by two Justices 1. Qu. being both present at the time of such bailment which shall be certified together with the examination of the prisoner and the information of the accusers under their own hands at the next Gaol-delivery and such examination and information shall be taken before the bailment XI The said Justices have power to bind by Recognizance all such as can declare any thing material against the prisoner to appear at the Gaol-delivery and shall there make certificate of the said Recognizance XII The Justices that offend any branch of this Act are liable to be fined by the Justices of Gaol-delivery XIII This Act shall not restrain Justices within London and Middlesex to let to bail prisoners as heretofore they have used only they shall certifie their examinations bonds and bailments at the next Gaol-delivery of their Jurisdiction in pain to be fined as aforesaid XIV Every Habeas Corpus or Certiorari for the removing of a prisoner shall be signed by the chief Justice or one of the Justices of the Court out of which the Writ issues in pain of 5 l. to be forfeited by the writer XV. Stat. 2. 3 P. M. 10. One accused of Manslaughter or Felony who for want of bail is to be sent to the Gaol must be examined by the Justice before he sends him thither and the accusers must be bound over to give in evidence against him whose information must also be taken and committed to writing within two daies after at farthest and all certified in at the next Gaol-delivery as by the Statute of 1. 2 P. M. 13. is limited upon the penalty therein expressed Maintenance * 1. West 1.28 3 E. 1. No Clark of the King or of any Justices shall receive the presentment of any Church for which there is debate in the King's Court without the King 's special licence in pain to lose the Church and his service And that no Clark of any Justice or Sheriff take part in any suites or use fraud whereby common right may be delaied in pain to be punished as aforesaid and more grievously if the trespass require it II. Stat. 1 E. 3. Parl. 2.14 None shall maintain quarrels and parties in the Country to the let and disturbance of the Common Law III. Stat. 20 E. 3.4 None shall maintain any quarrels save their own in pain to have their body lands and goods to be at the King's pleasure IV. Stat. 1 R. 2.4 No great Officer of the King shall maintain quarrels in the County in pain of a fine to be imposed by the King and his Council and no other person in pain of imprisonment and to be fined at the King's will and if he be the King's Officer or houshold servant he shall also lose his Office V. Stat. 7 R. 2.15 The Statutes of 1 E. 3. Parl. 2.14 4 E. 3.11 which see in Nisi prius 1 R. 2.4 and 1 R. 2.9 which see in Feofments made against Maintenance and Champerty shall be duly put in execution * VI. Stat. 32 H. 8.9 All Statutes which concern Maintenance Champerty and Embracery shall be duly put in execution VII None shall buy any pretended right or title to any land unless the Seller hath taken the proofits thereof one whole year next before such bargain in pain that both the buyer and seller shall each of them forfeit the value of the same land to be divided betwixt the King and the prosecutor VIII None shall unlawfully maintain any suit or Action retain any person for maintenance â—mbrace Jurors or suborn witnesses to the hindrance of justice or the procurement of perjury in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor IX Howbeit purchasing of a pretended title by him that is already lawfully possessed of the thing
commodities without having them taken from them against their will upon any colour whatsoever XV. If any Officer or other offend against this Law he shall be arrested by the Head-Officer of the place if it be out of the Staple and if within the Staple then by the Major and Ministers of the Staple and shall be speedily proceeded against according to the Staple Law and not at the Common Law and being attainted thereof shall answer double damages to the party grieved and as much to the King XVI All Commissions made or to be made to take such prices of Merchants shall be void XVII Stat. 27 E. 3. Stat 2.3 All Merchants may buy Merchandise of the Staple so as they bring them to the Staple XVIII It shall be felony for an English Welsh or Irish man to transport Wool Leather Woolfels or Lead XIX No English VVelsh or Irish man shall transport Wool Leather Woolfels or Lead in a strangers name or keep a servant beyond Sea to survey the sale thereof or to receive mony there for the same XX. There shall be no Exchange of wares for Merchandize of the Staple but payment in gold silver or English VVelsh or Irish merchandize neither shall any Merchants make any confederacy in fraud or deceit of this Ordinance and all this upon the pains aforesaid XXI Every man may carry his own Wooll Leather Woolfels and Lead to the Staple to sell them there howbeit he shall then warrant the packing of his wools XXII Stat. 27 E. 3. Stat. 2.11 All Merchants may freely sell their merchandize at the Staple by gross or by retail without challenge or impeachment but it shall be felony to forestal buy or give earnest for any merchandize before they come to the Staple or Port or to enter the Ship for that purpose XXIII Stat. 27 E. 3. Stat. 2.13 If a Merchant lose his goods at Sea by Piracy or Tempest not being wreck and they afterwards come to land if he can make proof that they are his goods they shall be restored to him in places guildable by the King's Officers and 6 men of the Country and in other places by the Lords there or their Officers and 6 men of the Country XXIV Stat. 27 E. 3. Stat. 2.17 No Merchant shall be impleaded for another's trespass and debt whereof he is not debtor pledg nor main pernor Howbeit if any of this Realm indammaged by forein Lords or their subjects have not right done them Letters of Mart shall be granted to repair them XXV If any difference arise betwixt the King and any other forein Lord who hath Merchants here his subjects those Merchants shall have by Proclamation fourty dayes given them to depart and if for some just cause they cannot go so soon they shall have longer time given them until they may conveniently depart and shall in the mean time sell their Merchandize if they can XXVI Stat. 27 E. 3. Stat. 2.26 Merchant-Strangers upon letters of credence or their oath shall be believed concerning the content of their merchandize and shall pay 3 d. per libr. according to the content so testified and their goods shall be thereupon immediately delivered unto them without unsealing or opening them according to the Charter granted them by E. 1. and confirmed by this King and all this in pain that the Officer herein offending shall suffer imprisonment pay quadruple dammages to the party grieved and as much to the King And here the remedy shall be in Chancery XXVII Stat. 38 E. 1.2 Any Merchant may use more merchandize then one notwithstanding the Statute of 37 E. 3.5 and may buy sell and transport all kind of Merchandize paying the customs and subsidies due for the same wool and woolfels only excepted XXVIII Stat. 2 R. 2.1 Merchant strangers not enemies may buy and sell all things vendible within the Realm in gross or by retail except wines and great wares as cloth of gold and silver silk sandal napery cloth canvas and the like which are to be sold in gross or by whole pieces in pain of forfeiture thereof XXIX Here the priviledges of Prelates and Lords for purveyances and the things provided for by the Statute of the Staple of Calais are saved XXX Merchants may buy and sell in Fairs and Markets in gross or by retail notwithstanding this Statute XXXI Disturbers of Merchants against this Act being thereof attainted shall render double dammages suffer a years imprisonment and to be ransomed at the King's will XXXII If right be not done to the party grieved in a Frainchise it shall be seised into the King's hands if out of a Franchise the Lord or his Officer shall render to the party grieved double dammages XXXIII The Chancellor Treasurer Justices assigned to hold pleas and Justices assigned by special Commission shall hear and determine these offences XXXIV Stat. 5 R. 2. Stat. 2.1 Merchant strangers may come into this Realm continue here and depart at their pleasure without disturbance or impeachment of any and shall be friendly entertained and intreated of all XXXV Stat. 11 R. 2.7 The Statutes of 9 E. 3.1 and 25 E. 3. Stat. 4.2 are confirmed notwithstanding any Charter Proclamation Custom c. to the contrary XXXVI Stat. 14 R. 1.9 Merchants strangers shall be courteously intreated to the end they may be thereby the rather incouraged to come into this XXXVII Stat. 16 R. 2.1 No Merchant-stranger shall buy or sell within the Realm with another Merchant stranger to sell again nor shall sell any Merchandize by retail but victuals only wine he shall sell by whole vessels XXXVIII The Statutes of 9 E. 3.1 25 E. 3. Stat. 4.2 11 R. 2.7 are confirmed XXXIX Stat. 20 R. 2.4 The Statute of 28 E. 31. which see in Staple is confirmed notwithstanding any Ordinance or usage to the contrary XL. Stat. 4 H. 4.15 Merchants shall not export the money which they receive for Merchandize imported but shall bestow it upon merchandize of this Realm their reasonable costs excepted XLI Stat. 5 H. 4.7 Merchant-Strangers shall be used in this Realm as merchants Denizons be in other Countrys in pain that such Merchant-Strangers shall forfeit their goods and suffer imprisonment XLII Stat. 5 H. 4.9 Merchant-strangers shall give security to the King's Customers and Controllers to employ their money upon the Commodities of this Realm their reasonable costs excepted XLIII The Statute of 4 H. 15. is confirmed XLIV Merchant-strangers shall sell their Commodities within a quarter of a year next after their arrival and imploy the money received by exchange upon Commodities of this Realm in pain to forfeit the same money XLV No Merchant-stranger shall sell any Merchandize to another Merchant stranger in pain to forfeit the same XLVI The head-officer or officers of the Port where a Merchant-stranger shall arrive shall assign him an Host with whom he shall reside and the Host shall take for his pains as hath been accustomed XLVII Stat. 6 H. 4.4 The clause of the Statute of
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
Statute III. Provided also that no Painter shall take above 16 d. the day for laying any flat colour whatsoever mingled or mixed with Oyl or Size upon any Timber Stone or Lead Palace I. Stat. 28 H. 8.12 The limits of the Kings Palace at Westminster sholl extend from Chariag-Cross to Westminster-Hall and shall have such priviledges as the Kings ancient Palaces have Panel I. Stat. 42 E. 3.11 No Inquests but Assizes and Deliverances of Goals shall be taken by Writs of Nisi prius before the Names of all that are to pass thereupon are returned into the Court. II. The Sheriff shall array the Panels in Assizes four days at least before the Sessions of the Justices in pain of 20 l. so that the parties may have a Copy of the Panels if they demand them and the returns thereof by the Bailiffs to the Sheriffs shall be six dayes before the Sessions upon the like pain III. The most substantial people worthy of credit and not suspect shall be put upon Panels and such as may have best knowledge of the truth and dwell nearest IV. Stat. 3 H. 8.12 Panels returned by the Sheriff to inquire for the King may be reformed by the Justices of Goal-Delivery or Justices of Peace 1 Qu. before whom such Panel shall be so returned And the Sheriff shall return the Panels so reformed in pain of 20 l. to be divided betwixt the King and the Prosecutor and in this case the Kings Pardon shall be no bar against such Prosecutor ☞ Pardon I. The Stat. of Glocester 9. 6 E. 1. No Writ shall be granted out of the Chancery for the death of a man to inquire whether one did kill another by misfortune or se defendendo or otherwise by Felony but the party shall be put in Prison until the coming of the Justices in Eyre or Justices assigned to the Goal-delivery and shall put himself upon the Countrey before them and in case it be found per insortunium or se defendendo upon report thereof to the King by the Justices the King shall take him to his Grace if he so please II. Stat. 2 E. 3.2 pars inde Charters of Pardon for Manslaughters Robberies Felonies and other Trespasses shall not be granted but where the King may do it saving his Oath viz. where one man killeth another in his own defence or by a misfortune III. Stat. 4 E. 3.13 The Statute of 2 E. 3.2 is confirmed IV. Stat. 10 E. 3.2 Pardons shall not be granted contrary to the Stat. of 2 E. 3.2 V. Stat. 10 E. 3.3 He that hath a pardon of Felony shall within three moneths after such pardon find Sureties before the Sheriff and Coroners for the good behaviour which shall within 3 weeks after the 3 moneths be returned into the Cháncery under the Seals of the said Sheriff and Coroners And if the party give not Security as aforesaid as being bound do bear himself otherwise against the Peace than he ought the Pardon shall be holden for none VI. Stat. 14 E. 3. Stat. 1.15 No Pardon of the death of a man or other Felony shall be granted but onely where the King may do it saving the Oath of his Crown and if any Pardon be granted against the Statutes made before this time it shall be holden for none VII Stat. 27 E. 3. Stat. 1.2 Pardons which have not in them the suggestion whereupon they are granted and also the Suggestors name shall be void so are those likewise which are granted upon false suggestions VIII Stat. 13 R. 2.1 In a Pardon the offence committed shall be specified otherwise it shall not be allowed IX No Pardon of Treason or Felony shall pass without Warrant of the Privy Seal X. If the Offence pardoned be afterwards found wilful Murder that Pardon shall not be allowed Vide. Stat. 16 R. 2.9 XI Stat. 5 H. 4.2 If an Approver shall commit Felony after he is pardoned he that procured his Pardon shall forfeit 100 l. whose Name shall also for that purpose be inserted in the said Pardon XII Stat. 21 Jac. 35. The Kings most gracious and general Pardon except as therein is excepted See the Statute at large XIII Stat. 12 Car. 2. cap. 11. The Kings most gracious free and general Pardon Indempnity and Oblivion See the Stat. at large ☞ Parliament I The Mirrour of Iustices Cap. 1. Sect. 3. Anno Aelfredi Primi Monarchae Anno Domini Parliaments shall be held twice a year and oftner if need require But note that this was by the King and Lords onely and in time of Peace II. Stat. 4. E. 3.14 A Parliament shall be holden once a year and oftner if need be III. Stat. 36 E. 3.10 A Parliament shall be holden every year IV. Stat. 5. R. 2. Stat. 2.4 Every person and Communalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished And if the Sheriff doth not summon them he shall be likewise amercied or otherwise as hath been used in times past V. Stat. 12 R. 2.12 The levying of the expences of Knights coming to Parliament shall be made as in times past and if any Lord or other have purchased Lands or other possessions that were wont to be contributary to such expences they shall still continue to be so notwithstanding such purchase VI. Stat. 7 H. 4.15 The election of the Knights of the Shires shall be as followeth viz. At the next County after the delivery of the Writ Proclamation shall be made in full County of the day and place of the Parliament and that all there present as well Suitors summoned as otherwise shall attend to the Election of the said Knights and then in full County a free and indifferent Election shall be made notwithstanding any request or command to the contrary VII After such Choice the names of the parties so chosen be they present or absent shall be written in an Indenture under the Seals of all them that did choose them which Indenture so sealed and tacked to the said Writ shall be the Sheriffs return thereof touching the Knights of the Shires And in such Writs this Clause shall be hereafter put Et electionem tuam in pleno Comitatu tuo factam distincte aperte sub sigïllo tuo sigillis corum qui electioni illi interfuerunt nos in Cancellaria nostra ad diem locum brevi contentum certifices indilate VIII Stat. 11 H. 4.1 Justices of Assize shall have power to inquire in their Sessions of Returns made by the Sheriffs contrary to the Statute of 7 H. 4.15 And if it be found by Inquest that any Sheriff hath made any such return he shall forfeit 100 l. to the King and the Knights so unduly returned shall lose their wages IX Stat. 1 H 5.1 All former Statutes made for the election of Knights of the Shire are confirmed X. They shall be resiant in the County for which they are chosen the day of the date of the Writ of Summons so also shall
have allowed them viz. the Knights 4 s. and the Burgesses 2 s. a day or more during the Parliament and their reasonable time of comming to and returning from the Parliament together with their costs of Writs and other ordinary fees and charges by this Statute it is ordained that the Sheriffs of all the 12 Shires in Wales and the County of Monmouth shall have power to levy the said fees of the Inhabitants of those Shires and Counties and shall pay them to the Knights within two Moneths after the said Knights shall have delivered unto them their Writs de solutione feodi Militis Parliamenti in pain to forfeit 20 l. to be recovered by bill plaint c. and to be divided betwixt the King and the prosecutor and for every month that such default is made after the said two moneths 20 l. more to be levied as aforesaid The Head-officers also of the Cities and Burroughs in the said twelve Shires and County shall levy and pay their Burgesses wages and fees within the like time after the writs De solutione feodi Burgens Parliam delivered unto them upon the like pains to be levied of the goods and chattels of such Head-officers XXXIII The Inhabitants of the Cities and Boroughs in the said Shires and County which having no Burgesses of their own use to contribute towards the wages of the Burgesses of the Shire-Towns shall have warning by Proclamation or otherwise from the Head-officers of the said Towns to come and give their voices at the electing of the Burgesses of such Shire-Towns XXXIV Two Justices of Peace in each of the said Shires and County have power to tax every City and Burrough in the several Counties where they inhabit respectively towards the wages of the Burgesses within the Shire-Towns which taxes shall be again rated upon the Inhabitants of each such City and Burrough by four or six discreet and substantial Burgesses there and then levied and paid by the Head-officers unto the Burgesses of Parliament for the said Shire-Towns in manner and form aforesaid and upon the like pains XXXV Stat. 12 Car. 2. cap. 1. The Parliament begun the 3. of Nov. 16 Car. 1. declared to be dissolved And the Lords and Commons now sitting declared to be the two houses of Parliament XXXVI The Parliament begun at Westm 3. of Nov. 1640. declared to be Dissolved and that there is nor can be any legislative power in either or both Houses of Parliament without the King XXXVII Tumultuous and disorderly preparing Petitions Remonstrances to the King and Houses of Parliament having been a great occasion of the late Wars and calamities It is Enacted That no person hereafter shall sollicite or procure any Petition complaint Remonstrance Declaration or other address to the King or both or either Houses of Parliament for altering of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at the publick Assizes or general Quarter-Sessions Or if in London by the Lord Mayor Aldermen and Commons in Councel Assembled XXXVIII Provided this Act be not intended to hinder any persons not exceeding 10 in number to present any publick or private grievance or complaint to any Members after election and during continuance of the Parliament or to the King for remedy therein nor to any address to the King by all or any the Members of Parliament during their sitting XXXIX Stat. 16 Car. 2. cap. 1. The Act in 16 Car. 1. Entituled An Act for preventing of Inconveniencies hapning by long intermissions of Parliament Being in derogation of his Majesties just Rights and Prerogative inherent to the Crown for calling and assembling Parliaments Repealed And declared That Parliaments shall not be intermitted or discontinued above three years at the most and to be assembled and called oftner if need require Parson Vicar and Parsonage I. Stat. 14 E. 3. Stat. 1.17 Parsons Vicars Wardens of Chappels and Provost-Wardens and Priests of perpetual Chanteries shall have their Writs of Juris utrum of lands and tenements rents and possessions annexed and given perpetually in Almes to Vicarages Chappels or Chanteries and recover by other Writs in their case as far forth as Parsons of Churches and Prebends Partitions and Parceners I. Statutum Hiverniae 14 H. 3. If land descend to several Coparceners they shall all hold of the chief Lord of the Fee and not one of another This is the usage in England and shall also be observed in Ireland II. Prerog Reg. 5.17 E. 2. If one inheritance that is holden of theâ—ing in chief descend to many Parceners all the heirs shall do homage to the King and that Inheritance shall be divided amongst those Heirs so that every of them after shall hold their part of the King III. Stat. 31. H. 8.1 Joynt-tenants and tenants in common of any inheritance in their own right or in the right of their wives in any Mannors Lands Tenements or Hereditaments may be compelled to make Partition by Writ De partitione sacienda as Coparceners are compellable to do and this Writ shall be pursued at the common Law IV. Provided that after such Partition made they shall have aid one of another and of their heirs to deraign warranty and to recover for the rate as Coparceners use to have V. Stat. 32. H. 8.32 Joynt-tenants and Tenants in common that have inheritance or free-hold in any Mannors Lands Tenements or Hereditaments shall also be compellable to make partition by the said Writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their Executors and Assigns Passage and Arrivage I. Stat. 8. H. 6.27 Any of the inhabitants of Tewksbury in Com. Gloucestr may have an action of debt according to the Stat. of Winchester to recover against the communalty of the Forest of Dean and Hundred of Bledislow and Westbury though no Communalty recompence for robberies and wrongs done them upon Severn Also the goods of any private person may be taken upon an Execution awarded against the Communalty Any person may arrest and imprison the offenders and he whose goods are taken in execution may have an action of trespass or debt against the offender II. Stat. 9 H. 6.5 All persons shall have free passage in Severn with Flotes and Drags and all other Merchandize goods and chattels and if any be disturbed he shall have his remedy by action at the common Law III. Stat. 19. H. 7.18 Another stricter Statute for the free passage of Severn See the Statute at large IV. Stat. 23 H. 8.12 None shall interrupt the passage upon the banks of Severn or take or ask any tax or toll for the same in pain of 40 s. to be divided betwixt the King and the party grieved V. Stat. 26 H. 8.5 Justices
of Peace in the Counties of Glocester and Sun merset in Sessions shall bind Keepers of Ferriers over Severn by Recognizance with good Sureties that they shall not transport any passenger or cattel out of England into Wales or the Forrest of Dean or from either of those places into England before Sun-rising or after Sun-set unless such as they know and will answer for And besides the parties so offending shall there by incur fine and imprisonment VI. Stat. 2. and 3. P.M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Win sor there shall be 8. chosen for Overseers which shall have power to keep good order amongst the rest VII Two Water-men shall not carry any but where one of them hath exercised that profession two years before that time and hath been allowed by the greater part of the said Overseers under the known Seal in pain to be committed to one of the Counters by the said Overseers for one moneth or for less time as the offence shall deserve VIII No single man which is no housholder nor retained as an Apprentice or as a servant for one year at least shall exercise that profession betwixt the places aforesaid in pain of like punishment IX The Lord Mayor and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon complaint of any two of the Overseers or of any Watermans Master have power not onely to hear and determine any offences committed against this Act and to enlarge any Waterman unjustly punished by the said Overseers but likewise to inflict punishment upon the Overseers themselves in case they unjustly punish any person by colour of this Act. X. A Wherry that is not two foot and a half long and 4 foot and an half broad in the Mid-ship and sufficient to carry two persons on one side right shall be forfeit in which case the King and Queen shall have the one Moity and the Informer the other XI The Water-man that withdraws himself in time of pressing it being proved by two witnesses before the said Mayor Aldermen or Justice and two of the said Overseers shall suffer a fortnights imprisonment and shall be prohibited to row any more upon the Thames for a year and a day after XII The Overseers shall not onely call the Water-men before them direct them and register their names but likewise examine their Boats before they be lanched whether they have due proportion and goodness according to this Act. XIII If the Overseers refuse or neglect their Office they shall forfeit 5 l. whereof the King and Queen shall have the one Moity and the informer the other XIV The Court of Aldermen shall assess the fares of Watermen which being subscribed by two of the Privy Council at least shall be set up in Guild-Hall Westminster-Hall c. And the Water-man that takes more then according to the Fare so assessed shall for every such offence suffer half a years imprisonment and forfeit 40 s. to be divided as before XV. Stat. 1. Jac. 16. No Water-man shall retain any servant or Apprentice unless he himself hath been an Apprentice to a Water-man by the space of five years before and not an Apprentice under the age of 18 years or for less time then seven years in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor XVI This Act shall not restain Water-mens Sonnes of convenient growth and strength and formerly trained up in rowing but that they may be allowed to serve as Apprentices and to carry passengers from place to place at the age of 16 years XVII The eight Overseers shall yearly upon the first of March and the first of September cause openly to be read in their common Hall all their Orders made or to be made in pain that every of them for every such default shall forfeit 20 nobles to be divided betwixt the King and the prosecutor XVIII Stat. 21 Jac. 32. The River of Thames shall be made Navigable for Barges Boats and Lighters from the Village of Bercot in the County of Oxon unto the University and City of Oxon See the Statute at large Patents I. Prerog Reg. Cap. 65.17 E. 2. The Kings gift or grant of Land or Manor cum pertinentiis conveyeth not Knights Fees Advowsons or Dowers without express words II. Stat. 11. R. 2.8 All annuities and other things given or granted by the King his Father or Grandfather with this Clause Quousque prostatu suo aliter duxerimus ordinandum shall be void if other things have been afterwards accepted by the Grantees thereof III. Stat. 1 H. 4.6 To the intent that the King might not hereafter be deceived in his Grants he is content by the assent of the Lords Spiritual and Temporal and at the request of the Commons to be hereafter concluded by the wife men of his Council in things touching the estate of him and his Realm saving alwayes his liberty IV. In a Petition to the King for Lands Annuities Offices c. their value shall be therein exprest otherwise the Letters Patents thereupon had shall be void V. Stat. 18. H. 6.1 All Letters Patents which beat not date the day of the delivery of the Kings Warrant into the Chancery shall be void VI. Stat. 6. H. 8.15 If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last Grantee shall express in his Petition or Patent the former Patent and the determination of his pleasure concerning the same otherwise the last grant shall be void VII Stat. 34 35. H. 8.21 The King shall hold and enjoy all Honours Manors Lands and other Hereditaments which he hath obtained since the fourth of February in the 27. year of his Reign or shall hereafter obtain within seven years next after the making of this Act by bargain exchange or purchase Notwithstanding any mis-recitall non-recitall or not naming of the said Honours c. or of the places where they lie or of any part thereof or any other matter or cause whatsoever VIII The right of others is saved save only for rents services and rents secks IX All Letters Patents and Grants made by the King since the said 4th of February or which shall be hereafter made by him within 7 years next after the making of this Act shall be good Notwithstanding in any mis-naming mis-recitall non-recitall not finding of Offices mis-recital or non-recital of Leases uncertainly miscasting rating or setting forth of the yearly values or rate of the things granted or of the yearly Rents thereof want of Attornment and Livery of Seisin or the mis-naming of the places where the things granted do lie or of the Tenants or Farmers of them or any of them X. Provided that notwithstanding this Act the Kings Grants of Offices and
from the Bars to Cow-Cross Water-lane in Fleet-street the streets behind Saint Clements-Church without Templâ—-Bar the way from the West-bars in Tothil-street in Westminster to the West-end of Petit-France the way without Bishops-gate above Shore-dâ—tch Church Strand-bridg and the way leading from thence towards Temple-Bar and Foskue-lane leading down to Strand-bridg And in this Act the Justices of Middl sex have also power to set Fines upon the defaulters at their discretion VIII Stat. 13 El. 23. Another Act of like nature for paving and keeping in repair the way without Algate called the Bars without Algate another leading from the Old-Cagâ— there to the North-end of Nightingal-lane and another between the said Old-Cage and Cross-Mill in the Parish of Saint Mary the pain for default being 3 s. 4 d. to the Queen for every yard square not so paved or repaired This Act likewise provides for the scowring and cleansing of certain Ditches thereabouts IX Stat. 18 El. 19. An Act for the paving of Chichester X. Stat. 23 El. 12. Another Act for the paving of the Minories being an additional Act to 13 El. 23. And the Ditch in Hoglang shall be scowred and cleansed by the owners of the lands lying on the North-side of the said Lane in pain to forfeit 6 s. 8 d. for every pole uncleansed And by this Act the Justices of Peace in London and Middlesex shall appoint Scavengers XI Stat. 3 Jac. 22. Another Act for the paving and keeping in repair the street in St. Giles in the Fields and Drury-lane ☞ Peace I. Stat. 2 E. 2. The Statute of Winchester and other Statutes made for the keeping of the Peace shall be duly observed II. The Justices assigned shall have power to punish resisters of the Peace III. Stat. 2 R. 2.2 Peace shall be kept and Justice and Right duly administred to all persons See also the Statutes of 1 H. 4.1 2 H. 4. and 1. 7 H. 4.1 to the like effect Pensions Portions and Corodies I. Stat. 34 35 H. 8.19 Pensions Pertions Corodies Indemnities Synodies Proxies and all other profits due out of Religious lands dissolved shall be paid to Bishops Arch-deacons and other Ecclesiastical persons by the occupiers of the same lands if such Ecclesiastical person were seised thereof within ten years before their dissolution And if upon suits in the Ecclesiastical Court for the same the Defendant be convict the Plaintiff shall recover the value thereof in damages together with his costs of suit The like he shall recover at the Common Law when the cause is thereby determinable II. Provided that if the King hath demised any of the said lands with a Covenant to discharge the tenant of such charges that then the party claiming the same shall sue for them in the Court of Augmentations and not elswhere ☞ Perjury * I. Stat. 5 El. 9. None shall suborn a witness to give restimony in any Court of Record concerning any lands goods debts or damages in pain of 40 l. and if the offender being convicted thereof hath not wherewithall to satisfie the said forfeiture he shall suffer 6. moneths imprisonment without bail stand upon the Pillory one whole hour in the same or next Market-town where the offence was committed and be for ever after disabled to give testimony in any Court of Record until the judgement given against him be reversed by Attaint or otherwise II. He that commits wilful perjury shall forfeit 20 l. suffer six moneths imprisonment without bad and be ever after disabled to give evidence until the judgement given against him be reversed as aforesaid and here also if he hath not wherewithall to discharge the fine in the Countrey the Sheriff or in a Corporation the Head Officer shall cause him to be set upon the Pillory in some Market-place and to have both his ears nailed III. The forfeitures abovesaid shall be divided betwixt the Queen and the party grieved IV. Judges of the Courts where such offences shall happen to be committed Justices of Assize Goal-delivery and of Peace have power to hear and determine the same offences V. This Act shall be proclaimed at every Assize VI. This Act shall not extend to any Court Ecclesiastical but that they may there proceed as in times past VII This Act shall not restrain the power of the Star-chamber nor of the Councils of Wales or in the North to punish heinous perjuries But that they may proceed as formerly so as for-the said offences they inflict no less punishment then by this Statute is ordained ☞ Physicians and Surgeons * I. Stat. 3. H. 8.11 None in London or within seven miles thereof shall exercise as a Physician or Surgeon except first examined and admitted thereunto by the Bishop of London or Dean of Pauls calling to him or them for the first examination four Doctors of Phyfick and for Surgery other expert persons in that faculâ—y and afterwards of them that so shall be approved in pain to forfeit for every moneth they exercise Physick or Surgerie not so examined and admitted 5 l. to be divided betwixt the King and the prosecutor II. In other places without the said Precinct of seven miles none shall exercise the said Professions unless examined and approved by the Bishop of the Dâ—ocess or in his absence by his Vicar general â—alling to them expert men in those Professions at their discretion and giving Letters testimonial under their Seal to him they shall so approve upon the like pain to be divided as aforesaid III. This Act shall not extend to the Universities IV. Stat. 5. H. 8.6 The Surgeons of London shall be exempt for bearing the Office of Constable or any other Office watching bearing of Arms or to serve upon Inquests in London so that their incorporation exceed not the number of 12. V. This Act shall also extend to Barber-Surgeons approved and admitted according to the Statute of 3 H. 8.11 VI. Stat. 14. H. 8.5 The Kings Charter for the Incorporating of the Colledge of Physicians in London bearing date the 13. of September in the tenth year of his Reign is confirmed the substance whereof is as followeth VII A perpetual Colledge of Physicions is granted and erected in London and within seven miles compass of the same who shall have power to chuse yearly a President for the better government of the same and shall also have perpetual succession a common Seal and ability to purchase Lands not exceeding 12 l. per annum They may sue and be sued make Ordinances for the good Government of the Colledge and of all others that practise Physick within the said limits Neâ—ther shall any practise Physick within that Circuit unless approved under the Seal of that Colledge in pain of 5 l. to be divided betwixt the King and the same Colledge Likewise four Physicians of London shall be yearly chosen to supervise the rest as also their Medicines and Receipts so that such as offend may be punished by fines amerciaments inprisonment or other due means Lastly Physicians
any of them or in their default a Justice of Peace have power to assess and levy by distress sale and commitment as aforesaid XVI Justices of Peace shall then likewise rate every Parish towards the relief of the Kings Bench and Marshalsey and also of Hospitals and Alms-houses scituate within their several jurisdictions appointing onely so much to the said Hospitals and Alms-houses that the Kings Bench and Marshalsey may each of them receive at least 20 s. yearly out of every County And the sums thus to be assessed upon every Parish the Churchwardens there shall collect and levy as before and pay them over quarterly to the High Constable of that respective division ten dayes before every Quarter-Sessions and the High Constables shall every Quarter Sessions pay the same over to the two Treasurers of the County or one of them to be yearly chosen by the more part of the Justices of Peace out of such Subsidy-men as were taxed in the last tax of Subsidies at 5 l. lands or 10 l. goods Which Treasurers so chosen shall yearly at Easter-Sessions render a true accompt to their successors and pay the moneys in their hands to the Lord chief Justice of the Kings Bench and the Knight-Marshall by equall portions And here the Church-warden or his Executors c. which fails in payment to the High-Constable shall forfeit 10 s. and he High-Constable or his Executors c. which fails in payment to the Treasurers shall forfeit 20 s. to be levied and imployed by the said Treasurers as aforesaid XVII The Stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVIII The Treasurer that refuseth to execute his Office to distribute relief or to accompt as the most part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assize three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorised by the rest XIX A provision for the Islands of Fowlnesse in Essex XX. Upon an Action brought for the due execution of this Act the Defendant may plead the general issue and yet give special matter in evidence and shall also recover treble damages and his costs of suit XXI Stat. 7. Jac. 3. Money given to put out poor children Apprentices shall be imployed in Corporate Towns by the Corporations and in other places by the Parson or Vicar together with the Constables Churchwardens and Overseers of the poor or the most part of them who shall not forbear or refuse to imploy the same accordingly in pain to forfeit five Marks each of them so making default to be divided betwixt the poor of the Parish and the prosecutor XXII The party taking money with such an Apprentice shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation or within three moneths next after the end of the said seven years and if such Apprentice shall die within the seven years then within one year after his or her death And if the Master Mistris or Dame happen to die within the seven years then within one year after their death so as the money may be employed in placing the Apprentice with some other of the same Trade to serve out his time at the discretion of the parties trusted as aforesaid XXIII The money so given shall be employed within three moneths after the receipt thereof and if there shall not be apt persons found in the places where it is given to be Apprentices it shall be employed in the Parishes next adjoyning by the parties that are trusted with it in the places where it was so given and there also Bond shall be taken as before is declared XXIV The choice of Apprentices shall be out of the poorest sort of children whose Parents are the least able to relieve them and no such Apprentice shall be above the age of 15 years when he or she is first bound XXV The parties so trusted shall yearly in Easter-week or within one moneth after account before two or more of the next Justices of Peace And if there be any Obligations or money remaining in their hands they shall upon such account or within ten dayes after deliver the same unto their successors XXVI If any Officer so trusted shall break the trust reposed in him mis-imploy the said money or do any thing contrary to this Act for which he cannot be punished by this Act the Lord Chancellor or Keeper shall upon the Petition of any person award a Commission to such as he shall think fit to enquire hear and determine such offences and if the Commissioners shall find money so misimployed they shall in places not Corporate have power to rate raise and collect it upon the parties so offending or otherwise upon the able Inhabitants of the City Town or Parish so in default as the said Commissioners or the greatest part of them shall think fit and shall return the said Commission together with the manner of executing the same into the Chancery within three moneths next after such execution thereof XXVII Stat. 1 Jac. 25. All persons to whom the Overseers of the poor shall according to the Statute of 43 El. 2. bind any poor children Apprentices may take receive and keep them as Apprentices See also the same continued and confirmed by 21 Jac. 28. and 3 Car. 4. XXVIII Stat. 3 Car. 4. The aforesaid Statute of 1 Jac. 25. is again continued and confirmed XXIX The Churchwardens and Overseers of the poor mentioned in the Statute of 43 El. 2. may with the consent of two or more Justices of the Peace one of the Quorum within their respective limits wherein there shall be more Justices of Peace then one and where no more shall be then one with the assent of that one Justice set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the poor of the Parish or place where they so bear office respectively XXX Stat. For Relief of poor Souldiers See Title Captains and Souldiers Numb LXVII XXXI Stat. 14 Car. 2. cap. 12. Upon complaint made by the Church-wardens or Overseers of the poor of any parish to any Justice of the Peace within 40 dayes after any persons coming to settle in any Tenement under the yearly value of 10 l. Any two Justices of the Peace whereof one of the Quorum may by Warrant remove such persons to such Parish where they were last setled either as a Native Housholder Sojourner Apprentice or Servant for the space of 40 dayes unless they give security to discharge the Parish to be allowed by the said Justices Provided persons grieved may appeal to the next Quarter-Sessions XXXII Provided all persons may go from place to place to work in Harvest carrying with them Certificates from the Minister one
here provided for the Lessee for years VI. Stat. 34 35. H. 8.20 No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or Voucher be had in any such feigned recovery or not but that after the death of every such tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the lands tenements and hereditaments so recovered according to the form of the gift in tail the said recovery notwithstanding VII And here the heirs of every such Tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his heirs VIII This Act shall not extend to prejudice the Lessee or Lessees of any such Tenant in tail made in writing indented of any Mannors Lands c. for 21 years or three lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall injoy his or their Term or Terms according to the Statute of 32 H. 8.28 which see in Leases this Act notwithstanding IX Stat. 14 El. 8. All recoveries had or prosecuted by agreement of the parties or by covin against Tenants by the curtesie Tenants in tail after possibility of issue extinct for term of life or lives or of estates determinable upon life or lives or of any lands tenements or hereditaments whereof such particular tenant is so seised or against any other with Voucher over of any such particular tenant or of any having right or title to any such particular estate shall from henceforth as against the reversioners or them in remainder and against their heirs and successors be clearly void X. This Act shall not prejudice any person that shall by good title recover any lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Re-disseisin I. Merton 3. 20 H. 3. If any be disseised of their fee-hold and before the Justices in Eyre hath recovered seisin by Assise of Novel disseisin or by confession of the disseisors and hath had seisin delivered by the Sheriff if afterwards the same disseisors disseise the Plaintiff of the same free-hold and be thereof convict they shall be imprisonod until the King hath discharged them by redemption recognition of Assize Judgement or some other way II. This is the form of punishing of such convict persons The Plaintiff shall procure a Writ from the Kings Court directed to the Sheriff and containing the plaint of disseisin done upon disseisin By this Writ the Sheriff shall be commanded that he taking with him the Keepers of the Pleas of the Crown and other lawful Knights shall in proper person go to the Land or Pasture whereof the plaint was made where if they find him disseised again the Sheriff is to do as is above provided but if not the Plaintiff shall be amerced and the other shall go quit Howbeit the Sheriff shall not execute any such plaint without the Kings special Command III. There is the like Law for such as recover their seisin by Assise of Mortdancester or by Enquests if they be re-disseised by the first disseisors IV. Marlb 8. 52 H. 3. Persons imprisoned for re-disseisin shall not be delivered with the Kings special command and shall make fine to the King for their trespass And if the Sheriff deliver any contrary to this Ordinance he shall be grievously amerced and yet the persons so delivered shall be also grievously punished for their trespass V. West 2.26 13 E. 1. In Writs of re-disseisin double damages shall be awarded and the re-disseisors shall not be repleviable by the common Writ VI. Those that recover by default redition or otherwise without recognition of Assises or Juries shall have Writs of re-disseisin as well those which recover by Assise of Novel disseisin Mortdancester or other Juries provided for by the Statute of Merton 20. Relief I. Magna Cart. 2. When Lands holden of the King in chief by Knight-service descend to an heir of full age The reliefs are as followeth For an Earldom 100 l. For a Barony 100 Marks For one whole Knights fee 100 s. And he that hath less shall give less according to the old custom of the fees Religion * I. Stat. 14. Ca. 2. Ca. 4. The Stat. of 1 Eliz. Ca. 2. recited for uniformity of Common Prayer and considered by certain Commissioners appointed by the King for reviewing and altering the same and afterward being also reviewed by the Convocation The said Book of Common Prayer so altered c. is allowed and recommended to the Parliament by the King to be used under such sanctions and penalties as the Houses of Parliament shall think fit the same is enjoyned to be red in all Churches Chappels and places of publick Worship in England Wales and Town of Barwick upon Tweed in such order as is enjoyned by the said Book annexed to the said Act. II. Every Parson Vicar or other Minister in possession of any Ecclesiastical Benefice enjoyned to read the Common Prayer upon some Lords day morning and evening before the Feast of St. Bartholomow 1662. and after such reading the same make the Declaration verbatim as followeth I. A. B. do here declare my unfained assent and consent to and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church of England according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons Upon penalty there being no lawful impediment and within one month after such impediment removed of being deprived ipso facto as if the person neglecting or refusing so to do were dead III. All Parsons Vicars and Ministers to be after presented or put into any Ecclesiastical Benefice enjoyned to read the Common Prayer as aforesaid and to make the aforesaid Declaration within two months after they shall be in actual possession upon the same penalty as aforesaid IV. All Incumbents that reside upon their livings and keep Curates shall once every month themselves read the said Common Prayer upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace to be levyed by distress and sale of the offendors goods by Warrant from the said
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
be 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
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
six weeks after conviction shall suffer instead thereof three months imprisonment without bail for the second time offending shall forfeit 20 l. or that not paid within six weeks as aforesaid shall suffer six months imprisonment without bail and the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Terminer and Justices of Assize have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such Tongues as they understand the holy Communion only excepted or any other to use Psalms or Prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assize or Sessions of Oyer and Terminer after they are committed And here tryal of Deers shall be by Peers XII Chief Officers of Cities and Corporations shall also hear and determine these offences within their several Precincts and so likewise shall Ecclesiastical Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5. 6 E. 6.1 Every person shall resort to his Parish-Church or Chappel or upon just let to go to some other every Sunday and Holiday in pain to be punished by the Censure of the Church XIV The Common-Prayer-Book now made perfect and annexed to this Act together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2. 3 E. 6.1 is ordained under the pains in that Statute expressed XV. If any shall be convicted by Verdict of twelve men before Justices of Assize Oyer Terminer or Peace in Sessions to have wittingly heard or have been present at any other form of Common-Prayer Administration of Sacraments making of Ministers or other rites then what are expressed in the said Book or which are contrary to the said Statute of 2. and 3 E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturb a Preaches lawfully licensed he shall be by the Constables or Churchwardens of the Parish brought before a Justice of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Goal there to remain for three months and from thence to the next Quarter-Sessions at which upon the parties reconciliation and entring into Bond for good behaviour for one whole year at the discretion of the Justices in Sessions he shall be released but if he persist still in his obstinacy he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII He that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit 5 l. to the Queen XVIII The Inhabitants of a Town that suffer such an offender to escape shall forfeit 5 l. being presented before the Justices of Peace in Sessions within the County or Corporation where the escape was made XIX Justices of Peace Assize and Oyer and Terminer and Mayor and Head-officers of Corporations have power to hear and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiastical Laws Howbeit none shall be punished here for one offence XXI Stat. 1 El. 1. Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by 5. 6 E. 6.1 together with the addition of certain Lessons to be used on every Sunday in the year and the form of the Letany altered and corrected and two Sentences only added in the delivery of Sacrament to Communicants XXII If any Minister shall be convicted by the Verdict of twelve men his own confession or notorious evidence of the fact to have refused to use the Church-Service or to have used any other rite Ceremony Order Form or manner then is set forth in the said Book or to have depraved the same Book or any thing therein contained he shall forfeit being a Beneficed man fon the first offence one whole years profit of all his Spiritual promotions and suffer fix months imprisonment for the second shall be deprived ipso facto whereupon every Patron may present and shall suffer one whole years imprisonment And for the third shall be also deprived as aforesaid and suffer imprisonment during life And if he be not Beneficed for the first offence he shall suffer one whole years Imprisonment and for the second imprisonment duâ—ng life XXIII If any shall be convicted to have by Enterludes Playes Songs Rhymes or otherwise depraved the said Book or 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 they shall for the first offence forfeit 100 Marks to the Queen or that not paid within six weeks after conviction shall suffer instead thereof six months imprisonment for the second offence shall forfeit 400 Marks or that not paid within six weeks as aforesaid shall suffer one whole years imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their Parish Church or upon let thereof to some other every Sunday and holiday upon pain to be punished by censures of the Church and also to forfeit 12 d. to be levied by the Churchwardens there for the use of the poor upon the offenders goods by way of distress XXV Justices of Oyer and Terminer and of Assize and Mayors and Head-officers of Corporations have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please howbeit Note that by the Statute of 23 El. 1. Justices of Peace have also power to meddle therein which see in title Crown XXVI None shall be impeached by this Act unless the offence be presented at the next Sessions of Oyer and Terminer or Assize after it is committed and here tryal of a Peer shall be by Peers XXVII This Act shall not restrain Ecclesiastical Jurisdiction howbeit none shall be punished twice for one offence XXVIII Such Ornaments and Ministers of the Church shall be retained as were to be in the Church of England by the Statute of 2. 3 El. 6.1 untill the Queen shall take other order by the advice of Commissioners by her to be appointed under the Great Seal or by the advice of the Metropolitan of this Realm XXIX If any contempt or irreverence be used in the
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
Treason or Felony V. To ride armed with men of arms with purpose to kill rob or imprison another untill he hath made fine and ransome shall not be adjudged Treason but Felony or Trespass as hath been heretofore used And if any such attempt hath been heretofore adjudged Treason and thereupon Lands seised into the Kings hands withheld of other Lords they shall be restored to such Lords saving to the King his year and waste VI. Stat. 1 H. 4.10 Treason shall not be adjudged otherwise then as it was ordained by 25 E. 3. VII Stat. 26 H. 8.13 Pars inde Treason committed out of this Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and presentment so found and certified into the Kings Bench like Process and other circumstance shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced VIII Every such offender being lawfully convict by presentment confession verdict or process of Outlawry shall forfeit to the King all such Lands Tenements and Hereditaments which he shall have of any estate of inheritance in use or possession by any Right Title or Means within the Kings Dominions at the time of such Treason committed or after IX The Rights Titles Interests Possessions Leases Rents Offices and other profits of all persons their heirs and successors except of the offenders or others claiming to their use are saved X. Stat. 33 H. 8.20 If any person commit High Treason when he is of perfect memory and after accusation examination and consession thereof before any of the Kings Council shall fall into Lunacy he shall be enquired of in any County where the King by his Commission shall assign and if he be there indicted he shall be there arraigned without his personal presence and if he be found guilty he shall suffer death and forfeit as if he had been of perfect memory But this is altered by 1 2. P. M. 20. which see after XI If any person be attainted of High Treason by the Common Law or Statutes of this Realm such attainder by the Common Law shall be of as good force as if it had been done by Parliament and the King shall have as much benefit thereby viz. of lands tenements hereditaments goods chattells uses rights entries conditions possessions reversions remainders and all other things of such offender and shall be as well adjudged in actual and real possession of all such things of the offender which the King ought lawfully to have or which the offender ought or might lawfully lose or forfeit as if he had been attainted by the Parliament without any Office or Inquisition to be found of the same XII The right c. of all others except of the offenders c. is saved XIII Stat. 35 H. 8.2 All Treasons misprisions of Treason and concealments of Treason committed out of the Realm shall be enquired heard and determined before the Justices of the Kings Bench by lawful men of the County where the Bench shall then sit or before Commissioners in such County as the King shall assign by lawful men of the same County in like manner as if the offence had been committed in the same Shire where it is so enquired heard and determined But here a Peer shall be tryed by his Peers XIV Stat. 1 E. 6.12 All former Statutes which make any offences Treason or petty Treason are repealed save only what is so made by 25 E 3. Stat. 5. cap. 2. and by this Statute XV. It shall be High Treason to affirm by writing printing or Deed that the King is not Supream Head of the Church of England and Ireland or that any other is But this clause is repealed by 1 2. P. M. 8. XVI It shall be High Treason to interrupt any person to whom the Crown is limited by 35 H. 8.1 But this is also expresly repealed by the general words of 1. M. Sess 1. XVII If any compass to depose the King or do affirm that he ought not to be King for the first offence he shall forfeit his goods and suffer imprisonment at the Kings will for the second he shall lose the issues of his lands during life and suffer perpetual imprisonment and for the third shall be guilty of High Treason But so much hereof as concerns Treason petty Treason or misprision of Treason is also repealed by the general words of 1. M. Sess 1. XVIII Stat. 5 6 H. 6.11 It is High Treason to affirm by writing printing painting carving or graving that the King is an Heretick Schismatick Tyrant Infidel or Usurper of the Crown or rebelliously to detain from the King any of his Castles Holds Ships Ordnances Artillery or other Fortifications of War But this part of this Statute is repealed expresly by 1 M. Sess 1. XIX Treason committed out of the Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and Presentment so found and certified into the Kings Bench like process and other circumstances shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced XX. If the party within one year after the Outlawry or Judgment given thereupon yield himself to the Chief Justice of England and offer to traverse the Indictment or Appeal whereupon he was so outlawed he shall be admitted to such traverse and being thereupon acquit shall be discharged of the Outlawry and all forfeitures by reason thereof XXI The offender in Treason being lawfully convict thereof shall forfeit to the King all such lands tenements and hereditaments as he shall have of an Estate of Inheritance in his own right in use or possession in the Kings Dominions at the time of the Treason committed or at any time after XXII Concealment of Treason shall be deemed misprision of Treason But quaere whether this clause be not also repealed by the general words of 1 M. 1. XXIII None shall be attainted of Treason but by the testimony of two lawful accusers who shall be brought in person before the party accused unless he will willingly without violence confess the offence XXIV Here the right of all other is saved XXV The wife shall lose her Dower where the husband is
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
poysoning had been done in the County where the party so dyeth And Justices of Goal-delivery and Oyer and Terminer in the County where such Indictment is taken as also the Justices of the Kings Bench before whom such Indictment is removed may proceed thereupon in all points as if such stroke or poysoning and death had all happened in one and the same County XIII Also an Appeal may be commenced taken and sued in the County where the party so stricken or poysoned shall dye as well against the principal as accessary in whatsoever County such accessary be guilty thereof And the Justices before whom such Appeal is prosecuted within the year and day after the offence committed shall proceed against every such accessary in the County where such appeal is so taken in like manner as if the offence of such accessary had been committed in the same County as well concerning trial by Jurors upon the offenders plea of not guilty as otherwise XIV Where any Murder or Felony is committed in one County and more persons be accessary thereunto in another County an Indictment found and taken against such accessary before Justices of Peace or other Commissioners in the County where such person is accessary shall be as good in Law as if the principal offence had been committed in the same County XV. The Justices of Goal-delivery or Oyer and Terminer or two of them of the County where the party so became accessary shall upon request write unto the Custos Rotulorum where the principal shall be attainted or convicted to certifie them whether the principal shall be attainted convicted or otherwise discharged and then the Justices of Goal-delivery Oyer and Terminer or others authorized shall proceed upon every such accessary in like manner as if both the principal offence and accessary had been committed in the County where the party so became accessary and thereupon every such accessary shall answer upon his arraignment and receive such trial judgment and execution and suffer pains and forfeitures as are used in other â—ases of Felony Tunnage and Poundage See Customes c. Numb XXVII Vacations of Bishopricks I. Magna Carta 33. 9 H. 3. PAtrons of Abbeys shall have the custody of them in time of Vacation II. Stat. Pro Clero 4. 14 E. 3. Escheators shall preserve from waste and destruction the possessions of Archbishopricks Bishopricks and other Prelacies during their Vacations and the Chancellor and Treasurer shall demise them to the Dean and Chapter or Prior and Convent before any other at a reasonable rate without fine but if they will not take them then shall the said Chancellor and Treasurer cause them to be preserved by the said Escheators or others and the reasonable profits thereof to be answered to the King III. Stat. pro Clero 5. 14 E. 3. This Chapter is also for demising them to the Dean and Chapter or Prior and Convent at as reasonable rate and without fine as before and that the Escheator or other Minister shall not enter or molest them ☞ Vagabonds Rogues Beggars and Poor People * I. Stat. 39 El. 4. Justices of Peace within every County and Corporation have power in Sessions to give order for erection of Houses of Correction and also for the maintenance and government of the same and for the punishment of offenders which shall be thither committed II. All Scholars and Sea-faring men which beg All wandering persons which either beg use unlawful Games and Playes feign themselves to have skill in Physiognomy Palmistry or the like or pretend to tell Fortunes All persons that are or pretend to be collectors for Goals Hospitals c. All Fencers Bearwards common Players and Minstrels wandring abroad other than such as shall be authorized by Noble-men under their hands and seals All Juglers Tinkers Pedlars and petty Chapmen wandring abroad All Labourers which wander and refuse to work for wages reasonably taxed having no living otherwise to maintain themselves all persons delivered out of Goals which beg for their Fees or otherwise do travel begging all which wander abroad begging pretending loss by fire or otherwise and all such persons not being Felons wandring and pretending themselves to be Egyptians shall be adjudged Rogues Vagabonds and sturdy Beggars III. If any such Vagabond shall be taken begging wandering or misordering him or her self he or she by the appointment of any Justice of Peace Constable Headborough or Tithing-man there the two last being assisted by the Minister and one other of the Parish shall be stripped naked from the middle upwards openly whipped till their body be bloody and forthwith sent the next way from Parish to Parish by the Officers of each Parish towards the place of their birth But if it cannot be known then towards the place where they last dwelt by the space of one whole year before such punishment and if that cannot be known then to the Town through which they last passed without punishment and if it cannot be discovered where they were born or last dwelt as aforesaid then are they to be conveyed by the Officer there to the house of Correction or common Goal of the County to be imployed in work or placed in some service and so to continue by the space of one year or in case they be not able in body that Town is to keep them till they may be placed in some Alms-house within the same County IV. After which whipping the Vagabond shall have a Testimonial under the hand and seal of the said Justice Constable Head-officer Tything-man and Minister or any two of them testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his own default he exceeds he shall from time to time incur the like punishment till he arrive at the place limited the substance of which Testimonial shall be registred by the said Minister in a Book provided for that purpose in pain of 5 s. V. If any such Rogue seem dangerous or will not be reformed two Justices of Peace one of Quorum shall commit him to the house of Correction and if at the next Quarter-Sessions by the more part of the Justices there he shall not be thought fit to be delivered he shall by them be banished and at the charge of that County shall be conveyed to such parts beyond the Seas as shall by six or more of the Privy Council for that purpose be assigned whereof the Lord Keeper or Treasurer to be one or otherwise adjudged to the Gallies of the Realm as the said Justices shall think fit And if a Rogue so banished return without license he shall suffer as a Felon to be tryed in the County where he shall be apprehended VI. If a Constable Headborough or Tything-man be found negligent in the due execution of this Act they shall forfeit 10 s. for every default and none shall make rescous against any Officer or hinder the
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
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
County to inquire hear and determine upon the points aforesaid and to inflict punishment according to the trespass XXX Statutum Stapul 27 E. 3.10 There shall be one weight and one measure and none shall use any deceit in weighing commodities by an uneven tongue of the ballance or by putting hand foot or other touch in pain to forfeit the value of the commomodities so weighed to suffer one years imprisonment and to be ransomed at the Kings will and the party grieved shall recoveâ— quadruple damages XXXI There shall be Justices assigned to enquire of such trespasses and to do right as well at the Kings Suit as at the suit of the party XXXII Stat. 13 R. 2.9 There shall be one weight and and measure throughout England and he that shall be convicted to have used any other shall suffer six months imprisonment and yield double damages to the party grieved except in Lancashire XXXIII Stat. 15 R. 2.4 Eight bushels of Corn striked shall be accounted a Quarter as well by Water as by Land and none shall buy otherwise in pain to forfeit the Corn or Malt bought XXXIV Stat. 16 R. 2.3 All Weights and Measures shall be according to the Standard of the Exchequer And the Clerk of the Market shall have all his weights and measures ready together with marks of the Exchequer and shall carry and bring them with him when he makes essay of Weights and Measures neither shall he nor any other use any other upon the pains ordained by former Statutes XXXV Stat. 1 H. 5.10 No Purveyor of the King nor any other shall buy or take any Corn by any other measure than eight Bushels striked for the Quarter and payment shall be made in hand for the carriage XXXVI If any Purveyor offend herein he shall incur a years imprisonment and forfeit 5 l. to the King and as much to the party grieved And nothing shall be taken for the measuring of Corn. XXXVII Justices of Peace have power to hear and determine these offences XXXVIII Stat. 2 H. 6.11 The Tun of Wine shall contain 252 gallons English measure the Pipe 126 gallons the Barrel of Herrings or Eels shall contain 30 gallons the Butt of Salmon 84 gallons and so of other lesser measure after the same rate XXXIX None shall import or make any vessel contrary to this Act in pain to forfeit the Commodities therein contained to the Lord of the Town where they are found whereof the Prosecutor shall have the fourth part XL. Justices of Peace and Mayors and Bailiffs having power to inquire of the Peace have power to hear and determine these offences XLI Stat. 8 H. 6.5 Every City Borough and Town within England shall have a common Balance with common weights sealed and according to the Standard of the Exchequer upon the common costs of the said City Borough or Town in the keeping of the head Officer or Constable there in pain that the City for such default shall forfeit 10 l. to the King the Borough 5 l. and every other Town 40 s. XLII At this Balance all the Inhabitants may weigh gratis but a forreigner shall for every draught under 40 l. pay a farthing for a draught betwixt 40 l. and an hundred an half penny and for a draught betwixt an hundred and a thousand a penny whereof the weights shall be maintained and the Officers which attend that service rewarded at the discretion of the said inhabitants XLIII Justices of Peace Mayors Bayliffs and Stewards of Franchises have power to hear and determine these offences XLIV Stat. 9 H. 6.6 The Burgesses of Dorchester shall not be disturbed by the Statute of 8 H. 6.5 to use their weighing within 12 miles compass of that Town so as they use such weights as in the said Statute are expressed XLV Stat. 9 H. 6.8 A weigh of Cheese shall contain 32 Cloves and every Clove seven pound XLVI Stat. 11 H. 6.8 The Stat. of 1 H. 5.10 and 8 H. 6.5 shall be duly put in execution ALVII In every City Borough and Town there shall be a common bushel sealed and according to the Standard in like manner and pain as in the said Statute of 8 H. 6.5 is specified for a common balance XLVII All Justices of Peace Mayors and Head-Officers shall have power to hear and determine the offences committed against the said Statutes by examination or inquisition and as well at the suit of the King as of the party grieved XLIX The Mayor of London and all other Mayors and Bayliffs on their oaths shall be charged to keep and execute all the said Statutes and shall be accountable in the Exchequer for all profits and forfeitures which shall grow due thereupon to the King L. Stat. 1 R. 3.13 The contents of every vessel of Wine and Oyl and they shall not be sold until they be gauged by an officer to be appointed by the King for that purpose The Measures are these a Tun of wine 252 gallons A Pipe 126. A Tertian 84. A Hogshead 63. A Barrel 31 and a half and a Rundlet 18 and an half LI. Stat. 7 H. 7.4 Or according to Rastal Cap. 3. Measures and Weights of brass shall be sent to every City and Borough there to be kept as their treasure according to which all Measures and Weights in every County shall be reformed LII The Mayor or chief Officer of every such place shall have a special mark wherewith he shall seal the said measures and weights And shall take for sealing of a Bushel a penny and of every other measure an half penny For an hundred weight a penny for half an hundred an half peny And for every less weight a farthing LIII If he refuseth or delayeth to seal them or do any thing contrary to this Act he shall forfeit 40 s. to be divided betwixt the King and the party grieved and to be recovered by action of debt wherein no wager of Law shall be admitted LIV. Justices of Peace have power to hear and determine the said defaults LV. Stat. 11 H. 7.4 Measures and Weights of brass shall be sent to Cities and Boroughs there especially named LVI Only Cities Boroughs and Market-Towns shall be enjoyned to have common balances weights and measures and all other Towns shall be excused notwithstanding the Statutes of 8 H. 3.6 and 11 H. 6.8 above mentioned LVII The Mayors and chief Officers of the said Cities Boroughs and Market-Towns which shall have delivered unto them such weights and measures sealed with the letter H. crowned or with the first letter of the name of the King of England for the time being shall have authority and power to sign like weights and measures unto any of the Kings Subjects duly requiring the same taking for the marking of every bushel only one peny LVIII None shall buy or sell with any other weights or measures in any City Borough or Market-Town but such as are so marked nor in any other place with a bushel which is not so marked LIX
in the wild of Surrey XIX Stat. 13 El. 25. All Woods or Copices intended by the Statute of 35 H. 8.17 to be enclosed and the springs thereof preserved shall be so saved by the space of two years more then in the several clauses of the said Act is severally limited according to the age of such Woods felled upon such pains as in the said Acts are contained And none shall put any Cattel into any such Copice woods from the time of their sale until the end of five years nor from the end of five years until the end of six years any Cattel but Calves and yearling Colts onely until the end of six years if the wood was under 14 years growth at the last fall or until the end of 8 years if it was above 14 years growth And this Addition shall continue as long in force as the said Statute of 35 H. 8.17 XX. Stat. 23 El. 5. None shall convert into Coal or other fuel for the making of Iron or Iron Mettal any Wood or Underwood growing within the compass of 22 miles of London or the Suburbs thereof or of the River of Thames from Dorchester in Com. Oxon. downwards or within four miles of the foot of the Downs betwixt Arundel and Pemsey in Com. Sussex or of Winchelsey or Rie or within two miles of Pemsey or three miles of Hastings in pain to forfeit for every load so converted 40 s. to be divided betwixt the Queen and the Prosecutor XXI This Act shall not extend to any woods growing in any such part of the wildes of Surrey Sussex or Kent within 22 miles of London or Thames as is distant above 18 miles from London or Thames XXII No new Iron-works shall be erected within 22 miles of London 14 miles of Thames or four miles of the said Downs Pemsey Winchelsey Hastings or Rie in pain of 100 l. to be imployed as aforesaid XXIII This Act shall not extend to the woods of Christopher Darrell Gentleman in Newdigate in the weld of Surrey XXIV Stat. 27 El. 19. None shall make or set up within the Counties of Sussex Surrey or Kent any Iron Mill furnace finary or blomary for the making of Iron or Iron Mettal other then upon some old Bayes or Pens whereupon such works have been lately standing or else upon such lands where such works may be continually furnished with sufficient supply of the parties own woods growing upon his own soil being his in fee-simple fee-tail or for life without impeachment of waste nor shall convert to coal or other fuel for the making of such Iron or Iron-Mettal any sound Timber-tree of Oak Ash or Elm which will bear a foot-square at the stub or any part thereof in pain to forfeit for every such new work set up 300 l. and for every Timber-tree so converted 40 s. to be divided betwixt the King and the Prosecutor XXV Howbeit the lops and offal of such Timber-trees may be converted to Coal for the purposes aforesaid within the welds of Sussex Surrey and Kent so as it be not within eighteen miles of London eight miles of Thames four miles of Rie or Winchelsey 3 miles of Hastings or 4 miles of the foot of the Downs betwixt Arundel and Pemsey aforesaid XXVI Stat. 15 Car. 2. Cap. 2. Stat. 3. Reciting the Statute 43 El. Cap. doth not sufficiently prevent nor punish the cutting and spoiling of Woods Enacted that every Constable Headborough and other person in every County City or other place where they shall be Officers or Inhabitants shall and may apprehend or cause to be apprehended every person they shall suspect having carrying or conveying any burden or bundel of Wood Poles young Trees Bark bast of Trees Gates Stiles Posts Pales Rails or Hedge-wood Broom or Furze XXVII And by Warrant under the hand and seal of any one Justice of the Peace directed to any Officer such Officer may enter into and search the houses yards Gardens and other places belonging to the houses of every person or persons they shall suspect to have any kind of such Wood or other the said Trees c. and where they shall find any such to apprehend every person suspected for cutting and taking the same and as well those apprehended carrying any kind of wood or other the trees and premises as those in whose houses or other places belonging to them any of the same shall be found to carry before any one Justice of the Peace of the same County And such persons suspected do not give a good accompt how they came by the same by the consent of the owner such as shall satisfie the said Justice or within some convenient time to be set by the said Justice produce the party of whom they bought the said wood or some credible witness upon Oath to prove such sale which Oath the said Justice may administer then such persons so suspected and not giving such good accompt nor producing such witness shall be judged as convicted for cutting and spoiling of woods underwoods poles trees gates stiles posts pales rails hedge-wood broome or furze within the meaning of the said Statute of Queen Elizabeth and lyable to the punishments therein and of this Act appointed XXVIII Every person so convicted shall for the first offence give the owner satisfaction for his damages within such time as the Justice shall appoint and over and above pay down to the Overseers of the poor of the Parish where such offence is such sum of money not exceeding 10 s. as the said Justice shall think meet in default of either of which payments the said Justice may commit such offendor to the house of Correction for such time not exceeding one month as he shall think fit or to be whipt by the Constable or other Officer as in his judgement shall seem expedient XXIX And if such persons shall again commit the said offence and be thereof convicted as before that then the persons offending the second time and convicted shall be sent to the house of Correction for one moneth and there be kept to hard labour And for the third offence convicted as before shall be adjudged and deemed as Incorrigible Rogues XXX Provided also whosoever shall buy any burdens of wood or any the premises mentioned in this Bill suspected to be stolen or unlawfully come by the Justices Mayors or chief Officers or any one of them within their respective Jurisdictions upon complaint may examine the matter upon Oath And if they find the same was bought of any person suspected to have stolne or unlawfully come by the same then any one of the said Justices or chief Officer shall and may award the party that bought the same to pay treble the value thereof to the party from whom the same was stolne or unlawfully taken And in default of present payment to issue forth their respective Warrants to levy the same by distress and sale of the offendors goods rendering the overplus to the party And in default of such
ingrossing and forestalling so as they carry the same to Halifax and there sell it to such poor people of that or other Parishes adjoyning as to their knowledg shall work them in cloth or yarn and not to the rich Clothier nor any other to sell again XXV If the wool-driver shall sell his wools out of Halifax or if any buy wools in Halifax to sell the same unwrought in yarn or cloth every such offender shall forfeit the double value of the Wool so sold or uttered whereof the King and Queen is to have the one moyety and the Prosecutor the other And Justices of Peace in Sessions have power to hear and determine these offences XXVI Stat. 12 Car. 2. cap. 32. None shall export any sheep or wool woolfels mortlings yarn Fullers earth fulling-clay nor carry load or convey the same to be transported upon several penalties as well upon the owners of ships as the persons that shall convey the same See the Act at large XXVII Stat. 14 Car. 2. cap. 18. None shall export any sheep wool woolfels mortlings shortlings yarn made of wool wool-flocks Fullers earth fulling-clay nor Tobacco-pipe clay XXVIII Justices of Assise Goal-delivery and Justices of the Peace at their Quarter-Sessions may hear and determine offences against the said Act. XXIX Stat. 14 Car. 2. cap. 19. No Forreign Wool-cards Card-wire or Iron for Wool-cards shall be imported nor used in England or Wales Women Widows Wives and Maids I. Magna Charta 7 9 H. 3. A Widow immediately after her husbands death shall have her marriage and inheritance and shall give nothing for her dower marriage or inheritance which her husband and she held the day of his death II. Also she shall remain in the chief house of her husband forty dayes after his death if the house be not a Castle within which 40 dayes her dower shall be assigned her if it were not assigned her before III. If the house be a Castle and she depart from thence then shall a convenient house be forthwith provided for her where she may conveniently dwell untill her Dower be assigned and in the mean time she shall have reasonable estovers of the common And for her dower shall be assigned unto her the third part of all the land which was her husbands in his life time unless she were before endowed of less at the Church door IV. No widow shall be distrained to marry her self while she will live without a husband Howbeit she shall find surety that she shall not marry without the Kings licence and assent if she hold of the King nor without the assent of the Lord in case she hold of another V. Prerog Regis 4.17 E. 2. The King shall assign dower to the Widows of his tenants in chief albeit the heir be at age if the widows will and such widows before assignment of their dower shall swear that they will not marry themselves without the Kings licence whether the heirs be of full age or not VI. If they marry without licence the King shall seize by way of distress the land they held of him in dower until he be satisfied at his own will so that they shall take nothing of the issues thereof For by such distresses they and their husbands must fine at his will which in the time of H. 3. was estimated one years value of her Dower VII Women that hold any Inheritance of the King in chief of what age soever they be shall likewise swear not to marry without the Kings licence And if they do their lands shall be seized as aforesaid until the King be satisfied at his will VIII Stat. 31 H. 6.9 Where any person or persons take women by force or otherwise by perswasion get them into their possession and when they so have them will not suffer them to go at large until they have bound themselves by obligations or Statute Merchant in great sums of money to them or others for their use and many times compel them to be married against their likings and levy such sums upon their Lands In these cases the obligor shall have a Writ out of the Chancery containing the matter of such evil usage directed to the Sheriff of the County where such offence is committed to make Proclamation in full County and also in the next County-Court after the receit of the Writ that the offender shall appear at a certain day prefixed in the Writ before the Lord Chancellor or otherwise before the Justices of Assize in the County where the offence is done or else before some other person thereunto assigned by the Lord Chancellor At which day if the offender appear the said Chancellor Justices or other person-shall duly examine the parties upon the premises And if it be found that the obligations were so made they shall be void but otherwise they shall stand in force Also if the offender appear not they shall likewise be void as also all the proceedings thereupon IX Here if the Sheriff be remiss in the execution of such a writ he shall forfeit 300 l. to be divided betwixt the King and the party that purchased the same Writ X. Stat. 4 5 P.M. 8. None shall take or convey or cause to be taken or conveyed away any Maid or Woman-child unmarried being within the age of 16 years out of the custody and against the will of the father or mother of such child or of the person to whom the father of such child by his last will or other Act in his life-time hath appointed Governance of such child except such taking shall be by or for such person as without fraud is master or mistriss of such child or her guardian in Soccage or Chivalry in pain of two years imprisonment without bail or else to pay such fine as shall be assessed by the Queens Council in the Star-Chamber XI None shall take away and deflower any such child or against the will of her father if he be living or of her mother having the custody of her if the Father be dead contract matrimony with any such child except by the title of Wardship in pain to suffer five years imprisonment or else to pay such fine as shall be assessed by the said Council in the Star-Chamber XII The said fines shall be divided betwixt the King and Queens Majesties and the party grieved XIII The said Council in the Star-Chamber and Justices of Assize have power to hear and determine these offences XIV If any such child above the age of 12 years and under the age of 16 years do consent to any such contract of Matrimony the next of the Kin to whom her inheritance should come shall enjoy it during her life But after her decease it shall revert to the inheritor other then to him that did so contract Matrimony XV. Provided That this Act shall not be prejudicial to any custome or authority concerning Orphans in London or any other City Borough or Town Worsteds I. Stat. 17 R.
96 First-fruits 45 Scire facias Debt to the King 24 Execution 2.4 Scotland and Scots Berwick England and Scotland Sea Pag. 496 Seals Pag. 496 Treason 1. Second deliverance Avowry Sectaries Schismaticks c. Crown 70 c. Se defendendo Pardon Serjeant at Arms Pag. 496 Servants Executors 9 Felony 7 8 Labourers Service and Sacraments Pag. 496 Sessions Religion Crown 27 Justices of Peace Severn Pag. 501 Passage Sewers Pag. 501 Approvements 8 c. Sheep Pag. 510 Calves 3 Ships 45 Sheriffs Pag. 511 Account Admeasurement of Pasture Appeals 7 8 Assises 2.11.21.22 Attaâ—â—t 14 c. Coroner 2 Crown 120 Debt 5 Debt to the King 3 4 15 Discontinuance of process 5 Distresses Drapery 116 England and Scotland 6 Eschequer Estreats 8 Excommunicato capiende Execution of Statutes Executors 9 Exigent Extortion Forcible entry Forests 29 Forfeiture 5 Hawks Indictments Jurors Justices in Eyre Justices of Assise 4 Labourers 14.46 Mainprize Monasteries 5 Mortmain Murder Panel Pardon Parliament Perjury Physicians 27 Prison Processes Purveyors Receivers 13 19 Recognisance Redisseisin Replevin of Cattel Return of Sheriffs Riots Robberies Staple 42 Suits Trespass 1 Triall 7 Women 8 9 Wreck Ships and Shipping Pag. 524 Admiralty 3 Brass 22 Breakers of Leagues 5 6 9 Customs 4 Newcastle Victuall 18 c. Shoe-makers Cordwainers Shop-Book Debt 11 12 Silk Pag. 533 Customs 24 Sylva Caedua Prohibition 10 Slanders Damages 25 Soap Coopers 7 8 Souldiers Captains c. Vagabonds 16 Southampton Pag. 533 Southwark Butter 4 Spice Pag. 534 Spiritual Laws Pag. 534 Spiritual persons Appeals to Rome 2 3 Arrests 2 3. First-Fruits 6 Leases Residence Spiritual Laws Spiritualty Pag. 535 Stabbing Clergy Stanes Pag. 536 Stannery-Court Courts 33 Staple Pag. 536 Customs 9 Merchants 15 c. Woolls Star-Chamber Courts 32 Women 10 c. Statute-Merchant Fraudulent Conveyances 9 c. Recognisance Staple 20 21 Statute-Staple Courts 2 3 First-fruits 4 Fraudulent Conveyances 9 c. Felony 23 Staple 20 21 Stéel Pag. 542 Stiliard Pag. 543 Aliens 30 Stewards of Leets Feasants Fish 37 c. Franchises High-wayes Horses Hunters Malt Musters Playes Sheriffs 10 Victuall Weights Steward of the Kings Houshold Butler of the King Staple 11.13 Strand Paving Sturgeon Aliens 32 Subornation Perjury Witness Subpoena Accusation 11 Suburbs of London Paving Suffragans Bishops 4 c. Suit of Court Pag. 543 Corporation 2 Corpus cum causa 2 c. Suit of Court Distresses Justices in Eyre Tenure Supersedeas Corpus cum causa Supplicavit Corpus cum causa 3 c. Supremacy The Oath thereof Crown 6 Surety Corpus cum causa 4 5 Surgeons Physicians Surveyors Pag. 543 Courts Swans Pag. 544 Feafants 2 Swearing and Cursing Pag. 544 Tales de circumstantibus Jurors 27 c. Nisi prius 14 T. TAil Pag. 545 Bankrupts 37 Crown 3 Dower 4 7 Fines 27 c. Leases 1 c. Tailles Sheriffs 2.59 c. Tanners Cordwainers Taverns Ale-houses Taxes c. Pag. 546 Captains 21 c. Tellers of News Newes Tellers Receivers Templers Pag. 547 Crosses Tenants in common Assises 13 Essoin Partition Tenant by the courtesie Crown 136 Dower 4 7 Partition Tenant for life Dower 4 1 Tenths Receivers 19 Taxes Tenure Pag. 547 Term Dayes in Bank Testaments Appeals to Rome 1 Probate Wills Testimoniall Labourers Tewksbury Passage 1 Thames Passage 18 Tiles Pag. 549 Tillage Pag. 549 Tindale Pag. 550 Tinkers Brass Vagabonds 2 Tinne Brass Customs 9 Tithes Pag. 551 Appeals to Rome Indicavit Tobacco Pag. 555 Tolle Pag. 555 Fairs Weights 17 Forests 14 Towns Pag. 556 Corporation Weights 41 c. Trade Pag. 557 Traverse to Office Escheators 3.5 c. Treason Pag. 560 Crown Nisi prius 13 Triall 9 11 Treasurer Aide of the King 4 Aliens 14 Attorney 8 Bankrupts 1 Books 4 Corporation 1 Drapery 21.42 43 54 62 Error Escheators 1 Execution of Statutes Fish Merchants Officers Sewers 8 Sheriffs 7 Staple 27 Treason 1 Vacation of Bishopricks Wards 36 Wines Wools 6 Trespasse Pag. 565 Assises 8 Attaint 37 Triall Pag. 567 Accusation 1 c. Faise Judgments Jurors Turn County Tunnage and Poundage Pag. 570 V. VAcation of Bishopricks Pag. 570 Forfeiture 2 Vagabonds Pag. 571 Captain 33 Verdict Issue Jurors Triall Vestry-men Pag. 576 Vicars Appropriation Parson Victuall and Victuallers Pag. 576 Alehouses Customs 6.11 View Pag. 580 Villenage Villains Pag. 580 Amerciaments 1 Vintners Alehouses 27 Vnion and severing of Churches Pag. 581 Vniversities Pag. 582 First-fruits 42 Ireland 15 Wines 22 Unlawful Games Actions popular 9 Playes Voucher Pag. 583 Voyages Admiralty 3 Vpholsters Pag. 585 Upton upon Severn Bridges 16 Vses Pag. 585 Wards 40 Usurpation of Churches Advowson Vsury Pag. 588 Utlawry Addition 1 2 Amendments 3 Attaint 41 Certificate of the c. Exigent Process W. WAger of Law Pag. 589 Wages Labourers Wales Pag. 590 Amendments 3 5 Certificate of the c. 5 Chester 2. c. Clergy 21 Cordwainers 69 Exigent 11 c. Service and Sacraments 31 Ships 24 42 Staple 2 Walsingham Pag. 612 Wapping March Pag. 612 Warden of the Fleet Debt Sheriffs 45 Warden of the Five Portt Crown 127 Ships 33 41 Wardens of Handycrafts Aliens 8 c. Wards Pag. 613 Courts 29. Crown 141 Exchequer Escheators Wast Wardrobe Debt to the King 14 Wares Pag. 619 Fish 23 c. Havens 7 Warrens Felony 5 Mortmain 10 Warranty Pag. 619 Aide of the King Warranty of Charters Dayes in Bank 20 Warre Pag. 620 Armour 2 Debt to the King 14 Forfeiture 9 Musters Wast Pag. 621 Estrepment Wastes Approvements Watches Pag. 623 Watering of Hemp and Flax Flax Water-men Passages 6 c. Wax Pag. 623 Weares Pag. 624 Weights and Measures Pag. 628 Clerk of the Market Coopers Customs 2 Wools 2 4 Westmerland Corn 8 Westminster Butter 4 White Ashes Pag. 638 White Gate Pag. 639 White-Hall Palace Widows Women Wild-fowl Pag. 639 Wills Pag. 639 Appeals to Rome Probat Wilton upon Wie Bridges 13 Wines Pag. 644 Gauging President of the Council Ships Witness Pag. 648 Armour 9 Bankrupts 21 Merchants 75 Triall 1 Wives Women Wood Pag. 649 Cordwainers 36 37 Wools Pag. 654 Actions popular 10 Customs 1 2 3 9 Drapery 69 82 109 Exigent 5 Merchants 18.21.62 Ships Staple Taxes 4 Woolfels Actions popular 10 Customs 1 2 3 Merchants 18 Staple Taxes 4 Women widows Wives and Maids Pag. 658 Age 6 Appeals 1 Crown 77.80.88.95.107.125.126.134.136.144.150.152 Cui in vita Discontinuance Dower Entry Essoin 7.13 Felony 6 Fines 2.17 c. Leases 1 c. Triall 3 Vagabonds Uses 12 13 Wards 16 38 71 Wills 1.5.7.13.22 Worsteds Pag. 678 Apprentices Norwich Wreck Pag. 680 Admiralty Writs and abatement of Writs Pag. 680 Addition Aide of the King 4 Dayes in Bank View Y. YArmouth Approvements 11 Fish Ships 40 50 Worsteds Yarn Pag. 681 York Pag. 681 Corn 8 An Exact TABLE of the Year and Chapter of every STATUTE in force and use upon the 4th day of January Anno Dom. 1641. which year and Chapter being known and found in this Table the respective Title answering
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
will not hold the lands of persons convict of Felony longer then a year and a day and then they shall be delivered to the Lords of the Fee II. Stat. 17 E. 2.14 The King shall have the Escheats of the lands of free-holders of Arch-bishops and Bishops which happen in time of Vacation to dispose of at his pleasure the said free-holders being attainted for felony saving to such Prelates the service that thereto is due and accustomed III. Stat. 17 E. 2.16 The King shall have all the goods of felons and fugitives and the year day and waste of their land and then the lands shall be dilivered to the Lord of the Fee who may also if they please compound with the King for the year day and waste IV. Here certain lands are excepted viz. 1. in Glocester-shire where after the year and day the land shall descend to the next heir 2. In Kent lands called Gavelkind where the Father may go to the Bough and yet the Son to the Plough And in Gavelkind all the heirs-male shall divide the inheritance and so shall the heirs-female but women shall not make partition with men also a woman shall be indowed of the moiety and if she commit fornication in her widdow-hood or marry she shall lose her Dower V. Stat. De Catallis felonum None taken for felony for which he shall be imprisoned shall be disseised of his lands or chattels until he be convicted thereof but as soon as he is taken his tenements and chattels shall be viewed by the Sheriff and other officers of the King and lawful men and Inventoried and kept by the Bailiff of him that is so taken who shall give surety to the Justices of the chattels or the price saving to the accused and his family their necessaries as long as he shall be imprisoned and his reasonable estover so that when he is convicted the residue of his chattels besides his estover may remain to the King with the year and day of his lands but if he be acquit his chattels shall be restored Vide Rast Forfeiture 7. VI. Stat. 31 E. 3. Stat. 1.3 If any charged with the goods of fugitives and felons will in discharge of himself alledge another that is chargeable therewith he shall be heard and right shall be done him VII Stat. 34 E. 3.12 There shall be no forfeiture of lands for treason of dead persons not attainted in their lives VIII Stat. 1 R. 3.3 None shall seize the goods of any arrested for suspition of felony before he be convict or attainted thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by Action of debt c. wherin no essoin c. shall be allowed IX Stat. 11 H. 7.1 None that attends upon the King for the time being in his person and doth him faithful service of Allegiance in his wars within the Realm or without or is in other places at his common shall be convict or attainted of High Treason or any other offence for so doing whereby he may forfeit any thing but shall be clearly discharged of all vexation and loss which he may incur by reason of the same And if any Act or process of Law hereafter happen to be made thereupon it shall be void Provided that none shall take benefit by this Act which shall hereafter decline from his Allegiance X. Stat. 24 H. 8.5 If any be indicted or appealed for the death of one attempting to murther rob or commit burglary and so found by verdict he shall forfeit no lands or goods for the same but shall be fully acquit and discharged thereof ☞ Forger of false Deeds * I. Stat. 5 El. 14. If any alone or with others shall wittingly subtilly and falsly forge or make or cause to be forged or made any false Deed Charter or writing sealed Court-Roll or Will in writing to the intent that the free-hold or inheritance of lands or the right or title thereof may be troubled defeated or charged or shall publish or shew forth in evidence any such forged writing as true knowing the same to be false and forged and shall be thereof convicted upon an Action of Forger of false Deeds to be founded upon this Statute at the suit of the party grieved or otherwise shall pay to the party grieved double costs and dammages to be assessed in the Court where such conviction shall be shall be set upon the Pillory in some Market-town or other open place and there have both his Ears cut off and also his nostrils slit and feared with an hot iron he shall also forfeit to the Queen her heirs and successors the Issues of his lands and suffer perpetual imprisonment during his life and the said costs and dammages shall be fist levied upon the goods and issues of the lands of the offender notwithstanding the Queen's title thereunto II. For such forging c. of a lease for years of lands not Copy-hold or of an Annuity Obligation Bill Acquittance Release or other discharge of any personal thing the offender shall pay double costs to the party grieved to be assessed as before be set upon the Pillory lose one of his ears and suffer a years imprisonment without bail III. The party grieved may have his remedy for his double costs and dammages by original writ out of the Chancery as in case of trespass by bill in the King's Bench or in the Exchequer in which suit no essoin c. shall be allowed IV. Howbeit he that is once punished for his offence shall not after be impeached for the same and albeit the Plaintiffs release or discontinuance of suit may discharge his own remedy yet the rest of the punishment shall be nevertheless inflicted by judgment and command of the Court. V. The second offence is felony without Clergy whereof the offender being convicted or attainted he shall forfeit his lands and goods as other cases of felony saving to all other persons their right c. neither shall such conviction or attainder extend to loss of Dower or disherison of heir VI. Provided this Act shall not extend to charge any Ordinary Commissary or Official for putting their seal of Office to any will not knowing the same to be forged nor for writing such a will or the probate thereof VII Justices of Oyer and Terminer and Assize in their Sessions shall hear and determine these offences VIII Provided this Act shall not extend to any Proctor Advocate or Register for writing setting forth or pleading of any Proxie for the apparence of any person cited to appear in the Ecclesiastical Court nor to any Arch-deacon or Official for putting their seal to such Proxie nor to any Ecclesiastical Judge for admitting the same nor to any Attorney or Counsellor for pleading or giving in evidence any such forged writing being nor party nor privy thereunto nor to any person that shall plead or shew forth any writing