6.16 ibid. Gigmill not to be used 5 6 E. 6.22 Page 264 Gold an Goldsmith none shall make any vessels or other thing of worse silver then money Art super Cart. c. 20. 28 E. 1. 27 E. 3.14 7 E. 3.37 5 H. 4.13 2 H. 6.14 nor alloy it 4 H. 7.2 18 El. 15. 14 Car. 2. c. 3. Page 264 ad 268 No mettal but silver shall be guilded 2 H. 5. Stat. 2. c. 4. 8 H. 5.3 Page 266 Grant Exemplification thereof as good and effectuall as the the Grant it self 3 4 E. 6.4 13 El. 6. Page 268 Gunpowder and Salt-peter may be brought in from foreign parts 16 17 Car. 21. Page 268 Gavelet a Writ of Gavelet what and of what use Stat. de Gavelet 10 E. 2. Page 337 Games none may keep houses of unlawful gaming and the penalty of those that do 33 H. 8.9 2 3 P. M. 9. 16 Car. 2. cap. 5. Page 425 ad 428 H. HIdes when they must be tanned by whom and with what 1 M. Parl. 2.8 1 Jac. 22. p. 88 89 They must not be gashed or sold when putrified 1 Jac. 22. Page 89 Hawk no hawk of English breed may be born 11 H. 7.17 Page 225 The penalty of driving Hawks from their Coverts or concealing any Hawks 34 Ed. 3.22 37 Ed. 3.19 Page 272 Hare Deer c. may not be bought to sell again the penalty thereof 1 Jac. 27. Page 226 227 Herrings when they may be bought and sold and the prices 31 E. 3. Stat. 2.1 2 3. Page 237 238 Hemp and Flax where it may be watered and where not 33 H. 8.15 Page 242 Hats who may make them and of what and who sell them 8 El. 11. 1 Jac. 17. Page 268 269 Hexamshire where 14 El. 13. Page 272 High-wayes made altered repaired and the penalties for neglect thereof 14 15 H. 8.6 26 H. 8.7 37 H. 8.3 1 M. Parl. 2. cap. 5. 2 3 P. M. 8. 5 El. 13. 18 El. 10. 39 Eliz. 19.13 14 Car. 2. cap. 2. Stat. 2. 14 Car. 2. cap. 6.15 Car. 2. cap. 1. St. 3.16 17 Car. 2. Page 272 ad 280 Homage and fealty the manner thereof 17 E. 2. Page 281 Hampton-Court made an Honor 31 H. 8.5 Ampthill 33 H. 8.37 and Grafton 33 H. 8.38 Page 281 282 Hops who may bring them in and how mixed 1 Jac. 18. Page 282 Horns who may buy and sell them and who may search and try the commodity 4 E. 4. 7 Jac. 14. ibid. Horses may not be taken without the owners consent 20 R. 2.5 nor transported by any 11 H. 7.13 1 E. 6.5 Page 283 284 Hospitals by whom they may be founded and reformed 2 H. 5. St. 1. c. 1. 2 H. 6.2 13 El. 17. 14 18 27 El. not printed 39 El. 5. Page 285 ad 288 Hunting who may hunt and what 13 R. 2.13 19 H. 7.11 3 Jac. 13. 13 Car. 2. cap. 10. Page 289 290 I. JUstices of the Peace their power to punish lewd women and Bastardy 7 Jac. 4. 3 Car. 4. Page 43 Jesuits and Seminary Priests what is in them felony or treason and the punishment thereof 27 El. 2. 35 El. 2. Page 116 ad 119 Judgment Plea of false Judgment who may hold and by whom triable Marlb 20. 52 H. 3. 1 E. 3.4 Page 221 Indictments c. must all run in the Kings name 27 H. 8.24 Page 255 By whom to be found and how and where good West 2. c. 13. 13 E. 1. 1 E. 3. Stat. 2. c. 17. 25 E. 3. St. 5.14 11 H. 4.9 3 H. 7.1 37 H. 8.8 Page 293 294 Inclose who may inclose their Land and better it by Seas 4 Jac. 11. 7 Jac. 18. Page 291 Identitate nominis what and wherein available and by what maintainable 37 E. 3.2 9 H. 6.4 ibid. Judgment where it may be stayed or reversed and where not 18 El. 14. 21 Jac. 13. 14 E. 3. Stat. 1.5 4 H. 4.23 Page 291 292 299 Isle of Wight none there to take above one Farm 4 H. 7.15 Page 292 Incontinency of Priests by whom punishable 1 H. 7.4 Page 293 Incumbent who and his remedy if unlawfully turned out of his Benefice 13 R. 21. 4 H. 4.22 Page 293 Indicavit where it lies and for whom 34 E. 1. ibid. Infections no dung c. to be cast in or near the City c. 12 R. 2.13 Page 294 Informer how he must sue and what he must do in it 18 El. 5. 29 El. 5. in fine 31 El. 10. Page 295 Inrollment the force and value thereof when to be done and before whom 6 R. 2.4 27 H. 8.16 34 35 H. 8.22 5 El. 26. Page 296 Intrusion what the inconvenience thereof and how punishable Prerog Reg. c. 13. 17 E. 2. 21 Jac. 14. Page 296 297 Ipswich to be paved 13 El. 21. Page 297 Ireland all merchandize may be carried thither 34 E. 3.17 18. Irish-men may not live in England 1 H. 6.3 2 H. 6.8 16 17 Car. 30 33. Page 299 Iron not to be exported or sold too dear 28 E. 3.5 ibid. Judiciall Proceedings confirmed 12 Car. 2. c. 12. ibid. Jurisdiction to whom belonging and in what Artic. Cler. c. 6. 9 E. 2. Stat. pro Cler. 25 E. 3. Page 300 Juris Utrum what and where it lies West 1. c. 24. 13 E. 1. 14 E. 3. Stat. 1.17 ibid. Jurors who shall be how summoned their duty Marlb c. 14. West 2. c. 38. 21 E. 1.1 Art sup Cart. c. 9. 5 E. 3.10 34 E. 3.4 8. 8 E. 4.3 1 R. 3.4 23 H. 8.13 35 H. 8.6 27 El. 6. 16 17 Car. 2.3 Page 300 ad 306 Justices their oath and duty 18 E. 3. Stat. 3 1. 20 E. 3.1.2 3. 1 Jac. 10. Page 307 Justices in Eyre their power office and duty Marlb 24. 52 H. 3. West 1. c. 18. 3 E. 1. West 2.10 13 E. 1. Page 307 308 Justices of Assize who may be how many where to keep their Sessions their power in it Just Assisar incerti temporis 20 E. 3.6 6 R. 2.2.5 8.2.2 20.2.3 11 H. 4.3 14 H. 6.3 33 H. 8.24 Page 308 309 Justices of both Beâ—cheâ— their office and fees West c. 45. 10 H. 6. Statutum per se not printed Page 309 Justices of Gaol-delivery their power and when they must deliver the Gaols Stat. de finibus levatis c. 3. 27 E. 1. 2 E. 3.2 4 E. 3.2 17 R. 2.10 Page 310 Justices of Peace who may be their power and duty when to keep Sessions c. 1 E. 3. Stat. 2.16 34 E. 3. St. 1. c 2. 34 E. 3.1 36 E. 3.12 c. Page 310 ad 313 K. KIng not prejudiced by lapse of time or otherwise Prerog Reg. c. 8. 17 E. 2. Stat. de Clero c. 3. 7. 2 E. 3. Page 9 Ayd of the King where to be had and where not Stat. de Bigamis cap. 1 2. 4 E. 1. 14 E. 3.14 Stat. de Big c. 3. Page 10 11 Butler of the King what he may take and by whose order 25 E. 3.21 43 E.
thing against the Truce and the Conservator shall record the name of such Master and Owner and also of the Ship together with the number of the Mariners and if they take any thing from the Enemy the Conservator shall be acquainted therewith before discharge or sale if for some reasonable cause the Ship entred not some other Port then they must procure from the Conservator there a testimonial under Seal of the goods taken and their value to be shewed to the Conservator of the Port from whence they first came And all this they must doe in pain to forfeit the Ship and suffer imprisonment untill they make fine and ransom to the King VI. Provided that no possessor of a Ship shall suffer imprisonment or make fine unless he was present in the Ship when the offence was committed VII The Admiral shall have all forfeitures out of the Cinque-ports as before hath been used VIII Conservators to be made within the Cinque-ports by the King's Letters Patents and the Warden's Commission shall also have like power within that Franchise and the Warden shall have the forfeitures there as in times past Howbeit the death of a man is reserved to the Warden IX Stat. 4 H. 5.7 If any with whom Truce is broken at Sea complain thereof to the Keeper of the Privie Seal he shall have Letters of Request under the Privie Seal and if thereupon the offender makes not restitution he shall have Letters of Mart granted him under the Great Seal X. Stat. 14 E. 4.4 The former Statutes are confirmed ☞ Bridges I. Stat. 1 H. 8. ca. 9. An Act for Stanes Bridge Comitat. Middlesex II. Stat. 8 H. 6.28 An Act for the making Burford and Culhamford Bridges III. Stat. 22 H. 8.5 Four Justices 1 Qu. shall in Sessions inquire hear and determine the annoiances of Bridges and of the High-waies adjoyning within 300 foot next unto the said Bridges and shall also charge such as should repair them by sending forth processes and setting pains as they shall think fit IV. When it cannot be known what Precinct shall repair a Bridge or Way they shall be repaired by the County Riding or Corporation within which they are situate and if they happen to be situate in two of such Precincts the inhabitants there shall repair their several parts respectively V. The said four Justices have power to call before them the Constables or two able men of every Parish and by their assent to make a tax and to appoint Collectors to levy the same by distress and sale and also to appoint Surveyours of such decayed Bridges and Wayes unto whom the Collectors shall pay the money levied which said Collectors and Surveyors shall render an account unto the said Justices upon pain of imprisonment without bail VI. The Justices may in this case send process out of their jurisdiction which the Officers to whom it is directed shall obey and serve in pain to be fined by the said Justices VII This Act shall not extend to the five Ports nor to the members of the same save onely that their Officers shall have such power to reform annoyances of Bridges and Wayes there as the Justices of Peace have elsewhere by force of this Act. VIII The Justices shall allow to the Collectors and Surveyours their reasonable charges IX Stat. 1◠Eliz. 17. A good Law for the maintenance of Rochester bridge in Kent See the Statute X. Stat. 18 Eliz. 20. An Act for the repair of bridges and high-ways within one mile of Oxford See it at large XI Stat. 23 Eliz. 11. An Act for the re-edifying and maintenance of the bridges over Toffe near Cardiff in the County of Glamorgan in South Wales XII Stat. 27 Eliz. 25. Another Act for the repair of Rochester bridge XIII Stat. 39 Eliz. 23. An Act for the making and repairing of Newport and Carlion bridges over the River Usk. XIV Stat. 39 El. 24. An Act for the building of a Bridge at Wilton upon Wye in the County of Hereford near Ross and what Pontage shall be there taken XV. Stat. 43 Eliz. 16. An Act for the erecting and repairing of Edon and Presberk bridges in Cumberland XVI Stat. 3 Jac. 23. An Act for new making and repairing of Chepstow bridge XVII Stat. 3 Jac. 24. An Act for the building of Upton bridge over Severn in Worcester-shire within three years Exp. XVIII Stat. 14 Car. 2. ca. 6. A clause for repairing and maintaining a bridge called Foot-bridge in stead of another called Rey-bridge in Wiltshire XIX Proviso touching Stratford bridge in Hallingdon in the County of Sussex XX. The Surveyors of the high-ways are to see that all Bridges have sufficient walls posts or railes four foot high ☞ Brokers * I. Stat. 1 Jac. 21. The sale of goods wrongfully gotten to any Broker in London Westminster Southwark or within two miles of London shall not alter the property thereof II. If a Broker having received such goods shall not upon the request of the true owner truly discover them how and when he came by them and to whom they are conveyed he shall forfeit the double value thereof to the said owner III. This Act shall not prejudice the ancient Trade of Brokers in London being selected and sworn for that purpose it being onely intended against Fripers and pawn-takers who for the most part keep open shop ☞ Burning of Carts and Wood cutting of Dams Heads of Ponds Conduits Pipes Tongues and Ears and Barking of Trees * I. Stat. 3. 7 H. 8.6 If any maliciously and willingly cut the head of a Pond burn a Cart laden a heap of wood prepared for coal cut out the tongue of any tame beast being alive or the ear or ears of any person or bark any fruit-trees for every such offence he shall lose treble dammages to the party grieved and pay 10 l. to the King ☞ Butchers * I. Stat. Of Bakers and Brewers cap. 7. 31 E. 1. A Butcher that sells Swines-flesh mezeled or dead of the murrain for the first offence he shall be amercied for the second have the Pillory for the third be imprisoned and make fine for the fourth abjure the Town II. Stat. 4 H. 7.3 No Butcher shall kill any flesh in his Scalding-house or within the walls of London in pain to forfeit for every Ox so killed 12 d. and for every other beast 8 d. to be divided betwixt the King and the prosecutor III. The same Law shall extend to all other walled Towns and to Cambridge Barwick and Carlile onely excepted * IV. Stat. 15 Car. 2. cap. 8. No person using the trade of a Butcher shall at any time after Michaelmas next sell offer or expose to sale by himself or any servant or agent any fat Oxen Steers Runts Kine Heifers Calves Sheep or Lambs alive upon pain of forfeiture of double the value thereof one moiety to the King and his heirs the other moiety to him who shall sue for the same in any of his Majestie 's Courts of Record wherein
no Essoin Protection or Wager of Law shall be allowed See more under the Title of Calves and Cattel And see Tanner n. 25. Also see Title Victuallers Butler of the King I. Stat. 25 E. 3. cap. 21. The Steward of the house and Treasurer of the Wardrobe shall give notice how much wine shall be taken by the Butler or his Lievtenant in every Port which number shall not be exceeded II. A Certificate shall be made by the Mayor and Bailiffs there under their seals by Indenture betwixt them and such takers of wine to the said Steward and Treasurer how much wine is so taken III. If the Butler or his Lievtenant take more wine or any reward or delay any by colour of his office as by arrest he shall forfeit double dammages to the party grieved lose his office be imprisoned and be ransomed at the King's will * IV. Stat. 43 E. 3.3 The King's Butler or his Lievtenant shall take no more wine then he shall be commanded in pain to be imprisoned and ransomed at the King's will and after ten days the merchant may sell the residue notwithstanding their arrest ☞ Butter and Cheese I. Stat. 3 H. 6.4 The Lord Chancellor may grant licence under the Great Seal to any to convey Butter and Cheese to any other place besides the Staple which then was of Calais II. Stat. 18 H. 6.3 Butter and Cheese may be conveyed to any place out of the Realm being in the King's amity without licence * III. Stat. 3 and 4 E. 6.21 None except Inholders and Victuallers in their houses shall buy any Butter or Cheese to sell again save onely by retail in open Shop Fair or Market and so not above a Wey of Cheese or a Barrel of Butter at one time without fraud in pain to forfeit the double value to be divided betwixt the King and the prosecutor * IV. Stat. 21 Jac. 22. The Statute of 3 and 4 E. 6.21 and so much of the Statute of 5 and 6 E. 6.14 as concerns the buying and retailing Butter and Cheese which see in Fore-stallers shall not extend to the retailers of Cheese in London Westminster or Southwark having served seven years in that Trade not uttering above four wey of Cheese or four barrels of Butter at one time without fraud V. Justices of Peace in Sessions have power to restrain the retailing of Butter and Cheese during which restraint those that rerail shall be liable to the penalties of 3 and 4 E 6.21 and 5 and 6 E. 6.14 * VI. Stat. 14 Car. 2. ca. 26. Every kilderkin of Butter shall contain 132 pound the Cask 20 l. the Firkin 56 of good butter the Pot 14 pound besides the Casks and Pots and Farmers shall use no fraudulent dealings in packing weighing with unwarrantable weights mixing old bad and decayed butter with new or whey butter or unreasonably salting the same and a cask of butter shall be of the same sort upon pain of forfeiture of the value of the butter false packed and six times the value of what shall be wanting in weight VII Cheesemongers and others selling butter shall deliver the full quantity of Kilderkins Firkins Casks and Pots and the due quality thereof and none shall repack butter for sale upon forfeiture of the double value for such repacking VIII Farmers and others shall pack their butter in sufficient and well-seasoned Casks which shall be marked with the first letters of the Christian-names and Surnames of the sellers and the weight of the butter upon penalty of forfeiture of 10 s. for every 100 weight of butter not so marked IX Potters shall mark their pots with their names and the weight of the Pot and set the first letter of their Christian name and Surname at length upon pain for every default 12 d. and farmers shall not sell butter packed in other pots upon pain of 2 s. for every default X. Offences against this Act shall be heard and determined in the Sessions of the Peace for the County City or liberty where committed by action of Debt Indictment Information or Presentment and one half of the penalty to the poor of the Parish where the offence is committed to be paid to the Church-wardens or Overseers the other half to the Prosecutor XI All Suits upon this Act shall be commenced within 4 months after the sale of such butter Cables Halsors and Ropes I. Stat. 21 H. 8.12 AN Act for true making of Cables Halsors and Ropes in Burport and within five miles thereof See the Statute at large * II. Stat. 35 Eliz. 8. None shall make or cause to be made any Cables of old stuff which shall contain seven inches in compass in pain to forfeit four times the value of every Cable so made neither shall any tar or cause to be tarred any Halsors or other Cordage made of old stuff being of lesser Assise nor put the same to sale in pain to forfeit the treble value of every such Cable Halsor or other Cordage of lesser Assize then seven inches made and tarred as aforesaid III. The said forfeitures are to be divided betwixt the Queen and the prosecutor ☞ Calves and other Cattel I. Stat. 3 and 4 E. 6.19 No Cattel shall be bought but in open Fair or Market and those not sold again in the same Fair or Market in pain to forfeit the double value II. No Butcher shall buy any Cattel and sell the same again alive in pain to forfeit them * III. Stat. 2 and 3 P. and M. 3. He that keepeth above 120 sheep or 20 beasts upon every pasture-ground apt for Milch-kine and not commonable shall yearly for every 60 sheep or 10 beasts keep one Milch-cow and for every 120 sheep or 20 beasts rear up one Calf in pain to forfeit for every Cow or Calf not so kept or reared 20 s. viz. the one half to the King and Queen and the other to the prosecutor if he commence his suit within one year after the offence committed IV. Justices of Peace in Sess have power to hear and determine the breach of this Statute V. This Act shall not binde such as keep sheep or feed beasts onely for their own provision VI. Stat. 7 Jac. 8. The Statute of 2 3 P. and M. 3. shall also extend to grounds which since the said Act have been or shall be made several See more Title Butchers Cambridge and Cambridge-shire I. Stat. 34 35 H. 8.24 An Act for the assurance of certain lands to John Hinde then Serjeant at Law and his heirs paying yearly 10 l. toward the charges and wages of the Knights of the Parliament for Cambridge-shire for ever II. Stat. 35 H. 8.15 An Act for paving the streets in Cambridge See these Statutes at large ☞ Captains and Souldiers I. Stat. 5 R. 2.10 The Covenants of such as shall serve the King in his Wars or Embassies shall be recorded in the Exchequer as also the repeal of their retinue to the end a just account may be
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-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
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.
31 El. 1. None shall erect or convert a building to be a cottage for habitation unless he lay four acres of free-hold land of inheritance so near unto it that they may be conveniently occupied therewith in pain to forfeit 10 l. to the Queen for every such erection or conversion and 40 s. a moneth for the continuance II. No owner or occupier of any Cottage shall place or willingly suffer any more families then one to co-habit therein in pain to forfeit to the Lord of the Leet 10 s. for every moneth he so continues them together ☞ III. Justices of Assize Justices of Peace in their Sessions and Lords of Leets have power to hear and determine these offences IV. This Statute shall not extend to Cottages in Cities Burroughs or Market-towns or provided for labourers in Mines or Quarries within one mile from such Mines or Quarries or for Sea-faring men within one mile of the Sea or a Navigable River or for a Keeper Warrener Shepherd or Herdsman or for an impotent person nor to any Cottages which upon an order by Justices of Assize in open Assize or Justices of Peace in Session shall be decreed to continue for habitation for so long time onely as by such decrees they shall be tolerated ☞ Counterfeit Letters I. Stat. 33 H. 8.1 If any shall falsly obtain any money or other thing by colour of any false token or counterfeit letters they being thereof convict by witnesses or confession before the Lord Chancellor the Lords of the Council in the Star-chamber Justices of Assize Justices of the Peace or by action in any Court of Record shall suffer such punishment as shall be adjudged by the person or persons before whom they shall be so convict the pains of death onely excepted II. Justices of Assize and Justices of Peace 1. Qu. shall have power to convert by process or otherwise to the Ass or Sess respectively any person suspected to offend in that kinde and to commit or bail him until the Ass or Sess or otherwise to order him at their discretions III. Justices in Corporations have like Authority for the punishment of such offenders as Justices of Assize or Peace have in their several Precincts respectively IV. The remedy of the party grieved by way of action is saved ☞ County and Turn I. Magna Charta 35. 9 H. 3. County-Courts shall be held from moneth to moneth or longer if formerly so used and the Sheriff or his Bailiff shall keep his Turn in the Hundred at the usual place and that onely twice a year viz. after Easter and Michaelmas Leets also shall be at Michaelmas without occasion II. Marlbr 10. 25 H. 3. Arch-bishops Bishops Abbots Priors Earls Barons or Religious men or women are not to appear at the Sheriff's Turns except for some other cause and such as have Hundreds of their own shall not be bound to appear at such Turns but onely in the Bailiwicks where they dwell III. West 2.32 3 E. 1. No Sheriff shall suffer Barrettors or Maintainers of quarrells or Stewards of great Lords or other unless Attorney for his Lord to make suit or to give judgments in the Counties or to pronounce them if he be not required so to doe by all the suitors and Attorneys of the suitors there present in pain that both the Sheriff and they shall be grievously punished by the King IV. Stat. 31 E. 3. Stat. 1.15 Every Sheriff shall hold his Turn yearly one time within the moneth after Easter and another time within the moneth after Michaelmas in pain to lose his Turn for the time V. Stat. 19 H. 7.24 The Shire-Court for Sussex shall be holden one time at Chichester and the next time at Lewis alternis vicibus in pain that the Courts otherwise kept and the things therein transacted shall be void VI. Stat. 2. 3 E. 6.25 County-Courts shall be adjourned from moneth to moneth and no longer VII The Sheriff of Northumberland shall keep his County-Court at Alnewick and not elsewhere ☞ Coupers * I. Stat. 23 H. 8.4 A Beer or Ale-brewer shall neither by himself nor others for his use make any vessel whereby they shall put their Beer or Ale to sale but such onely as shall be made and marked as is hereafter expressed in pain to forfeit for every vessel so made 3 s. 4 d. II. Coupers shall make their Beer and Ale-vessels of good and seasonable wood and put their proper mark thereupon III. A Beer-barrel shall contain at least 36 Gallons a Kilderkin 18 and a Firkin 9. and an Ale-barrel 32 Gallons a Kilderkin 16 and a Firkin 8. all of the King's Standard Gallon And if the Gouper make any bigger or lesser he shall set the true content upon them Also the Couper shall not inhaunce the prices of his vessel in pain to forfeit for every such vessel defective or inhanced in price 3 s 4 d. viz. for a Beer-barrel 9 d. a Beer-kilderkin 5 d. and a beer-firkin 3 d. Also for an Ale-barrel 16 d. an Ale-kilderkin 9 d. and an Ale-firkin 5 d. Note that this clause for so much as concerns the prices of vessels is repealed by 8 El. 9. But Quaere whether it doth not yet stand in force for defective vessels Vid. 8 El. 9. infra IV. No Beer or Ale-brewer shall put any Beer or Ale for sale in any vessel which is not marked by the Couper and of the contents above limited ☞ V. Beer and Ale-brewers shall sell their Beer and Ale at such rates as shall be thought fit in the Country by the Justices of Peace and in Corporations by the Head-Officers in pain to forfeit for every Barrel 6 s. Kilderkin 3 s. 4 d. Firkin 2 s. and for every greater vessel 10 s. and every lesser 12 d. VI. The forfeitures abovesaid shall be divided betwixt the King and the prosecutor VII Every Soap-maker shall cause his vessell to be made as followeth viz. every empty Barrel to contain 32 Gallons and to weigh 26 pounds the content of the half Barrel to be 16 Gallons and the weight 13 pound and the content of the Firkin 8 Gallons and the weight six pound and an half in pain to forfeit for every vessel otherwise ordered 3 s. 4 d. VIII The Wardens of the Mystery of Coupers within the City of London taking with them an Officer of the Mayor shall have power to search and gage all vessells made for Ale Beer and Soap to be put to sale within London and the Suburbs and within two miles compass without the Suburbs as well within the Liberties as without and to examine their contents and weight and being found right to mark them with St. Anthonie's cross which searchers shall have for their fee a farthing for every vessel to be paid by the owner thereof and may retain the vessel until the fee be paid and if any be found defective they have power to amend or burn them and the owner of such defective vessel shall forfeit 12 d. to be
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
remainder to such as the King by his Letters Patents or last will in writing should limit * IV. Stat. 1 El. 1. No forein Potentate or person shall exercise any power within any of the Queen's Dominions and all Ecclesiastical Jurisdiction is annexed to the Crown so that the Queen and her successors by Letters Patents may authorize any Subject born to exercise the same V. For the better observance of this Act every Ecclesiasticall person and every officer both Ecclesiastical and Temporal and all the Queen's servants are enjoyned to take the Oath following VI. I. A. B. do utterly testifie and declare in my conscience that the Queen's Highness is the onely Supreme Governour of this Realm and of all other her Highness Dominions and Countreys as well in all Spiritual or Ecclesiastical things or cases as Temporal and that no forein Prince person Prelate or Potentate hath or ought to have any jurisdiction power supremacie preeminencie or authority Ecclesiastical or Spiritual within this Realm and therefore do utterly renounce and forsake all forein jurisdiction powers superiorities and authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queen's Highness her heirs and lawfull successors and to my power shall assist and defend all jurisdictions priviledges preeminencies and authorities granted or belonging to the Queen's Highness her heirs and successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book VII He that refuseth this oath shall forfeit his Spiritual or Temporal promotion or Office during his life And every person before he be admitted to any such promotion or Office shall take the said oath before such persons as shall have authority to minister the same and in case he refuse it he shall be adjudged uncapable of such promotion or office VIII Every person suing Livery or Oustre le main doing homage to the Queen received into the Queen's service taking orders or degrees in the Universitie shall take the said oath the first three before the Lord Chancellor or Keeper of the Great Seal the fourth before the Ordinary or Commissary and the last before the Chancellor or Vice-chancellor or their Deputies IX Provided if any having a Temporal Office of inheritance shall at first refuse to take the said oath and yet doth afterwards take it he shall be restored to his office X. None shall affirm or maintain the power or jurisdiction of any forein Prelate or Potentate within the Queen's Dominions in pain to forfeit all his goods and chattels and if he be not worth 20 l. at the time of his conviction he shall forfeit all he hath and besides suffer one whole year's imprisonment without bail and here for the second offence he shall incurre a praemunire and for the third shall be adjudged guilty of High Treason but this offence must be prosecuted within one year after it is committed and if the offence be by preaching teaching or words onely the prosecution by indictment shall be within six months otherwise the offender shall be set at liberty XI If he be a Clergie-man beneficed upon the first conviction all his spiritual promotion shall be void XII A Peer of the Realm guilty of such an offence shall be tried by his Peers XIII No Act for any matter of Religion or cause Ecclesiastical made by this Parliament shall be adjudged any errour heresie or Schism neither shall any person to whom the Queen her heirs and successors shall give authority to execute spiritual jurisdiction have power to adjudge any matter to be Heresie save onely such as have been so adjudged by Can. Scripture or by one or more of the General Councils or shall be so adjudged by the Parliament with the assent of the Clergie in their Convocation XIV No person shall hereafter be indicted or arraigned for any of the offences made by this Act but by two or more sufficient witnesses to be produced viva voce to testifie the same XV. No person shall be questioned for relieving aiding or comforting any such offender unless it be testified by two witnesses at least that at the time of such relief c. he had notice of the offence committed XVI Stat. 1 El. 3. The Parliament acknowledge the Queen to be right heir to the Crown and promise to defend her and the heirs of her body in that estate XVII The limitation of the Crown contained in 35 H. 8.1 shall stand and remain Law for ever and all clauses of Statutes and other things heretofore passed against the same shall be void * XVIII Stat. 5 Eliz. 1. None shall maintain the jurisdiction of the Bishop or See of Rome within any of the Queen's Dominions in pain to incurre a Praemunire both they and their accessaries ☞ XIX Justices of Assize and Just of Peace in Sessions or any two of them 1 Qu. have power to hear and determine this offence and are to certifie such presentments into the King's Bench within 40 days after they receive them if it shall be then Term-time if not then the first day of the Term then next ensuing in pain of 100 l. The Justices of the King's Bench also as well upon such certificate as also before themselves have power to hear and determine the same offence XX. All persons appointed to take the Oath of Supremacie by 1 El. 1. and all other Persons taking orders preferred to any degree in the Universities School-masters publick and private all persons taking any degree of Learning in the Laws in the Innes of Court or Chancery all Attorneys Protonotaries Philizers Sheriffs Escheators Feodaries all persons admitted to any Ministry or Office belonging to the Common Law or other Law or Laws and all Officers and ministers of every Court shall take the said Oath verbatim before they be admitted to exercise their Office ministry or profession which Oath shall be administred in open Court unto the Officers and Ministers of Courts and unto such as belong not to any Court in some open place in the presence of a convenient assembly and before other person authorized to give it by common use commission or otherwise XXI Archbishops and Bishops have power to minister the said Oath within their proper Diocess XXII The Lord Chancellor or Keeper without further warrant may direct Commissions to tender it XXIII None compellable to take this Oath by this Act or that of 1 Eliz. shall refuse to take it in pain to incurre a Praemunire so that they be indicted or presented for such default within a year XXIV Every person having authority to tender this Oath shall within 40 days after the refusal thereof if it be then Term-time if not then the first day of the next Term certifie under his hand and seal the name place and degree of the person so refufing unto the King's Bench in pain of 100 l. And the Sheriff of the County shall impannel a Jury of the same County to inquire
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
of Rug and wash kersie made of wool as it comes from the Sheep back and from the Weavers loom shall weigh 17 pounds at least and shall contain in length betwixt 15 and 16 yards yard and inch of the Rule CCXXI The Weaver that weaves or makes any of the said clothes of less weight or length shall forfeit for every quarter of a pound or quarter of a yard wanting 12 pence And they shall be sewantly woven throughout of well and like sorted yarn except the lists CCXXII The Weaver shall weave in his mark at one end of the Kersey of some coloured yarn and also at each end purrel and shall not desceitfully mingle his yarn in pain of 10 s. CCXXIII. None shall put to sale any such raw Kersies before they be viewed weighed and marked in pain of 10 s. for every cloth to be divided betwixt the King and the Head-officer where the offence is committed CCXXIV. Searchers and sealers of such Kersies shall be yearly appointed by the Head-officer of the place where they are made who shall be sworn and have power to enter into any house in the day-time to make search accordingly and shall have a farthing for every kersie they mark CCXXV. If the searchers and sealers be not yearly appointed or do neglect their duties or offend in their office the head-officer shall forfeit for every such offence 20 s. and for every marketday there are not two or one searcher at least 40 s. CCXXVI No Kersey shall be sold or dressed before it be tried and marked in pain to forfeit the same CCXXVII None shall diminish the length of any such kersey in pain of twenty shillings CCXXVIII The forfeitures aforesaid not before limited shall be divided betwixt the King and the prosecutor ☞ CCXXIX Stat. 39 El. 11. A Justice of Peace of the county or Head officer of a corporation being also a Justice of Peace there have power to call before them and examine the servants of persons suspected to use Log-wood in Dying and if they shall find cause to bind over to the next quarter-quarter-sessions both the evidence and party offending and upon the Delinquents refusal to be bound shall commit him to prison till he find sureties they shall also certifie in at the same session the examinations by them taken where if the party offending be convicted he shall suffer the pillory and forfeit 20 l. to be divided betwixt the Queen and the prosecutor * CCXXX Stat. 39 El. 14. No cards for wooll shall be brought into this Realme or Wales to be fold in pain to forfeit them or the value thereof to be divided betwixt the Queen and the prosecutor CCXXXI Stat. 39 El. 20. None shall stretch or strain any clothes made on the North-side of Trent in pain of 5 l. nor use any engine to that purpose in pain of 20 l. CCXXXII Northen clothes shall be made such weight length breadth as by former Statutes are provided upon the pains in the same Statutes contained CCXXXIII A Seal of Lead shall be set to every Northern cloth expressing the length and weight thereof in pain to forfeit the same And here the offendors shall also forfeit for every yard that it wants of due length 4 s. And for every pound that it wants of due weight 2 s. CCXXXIV Overseers shall be appointed and sworn in the county by two Justices of Peace and in corporations by the head-officer calling to him the next Justice of Peace to make search once a moneth at least for defects in Northen clothes and if they shall find any stretched strained or sealed with any false seal they shall make presentment thereof at the next quarter-quarter-sessions and here he that deceives or with-holds any faulty clothes shall for the first offence forfeit 10 l. for the second 20 l. and for the third being thereof lawfully convicted by verdict or two witnesses shall suffer the Pillory CCXXXV The Overseer that refuseth to appear or to undertake that office shall forfeit 5 l. to be divided betwixt the Queen and the Officers that made him Overseer CCXXXVI The Overseers shall fix a seal of lead to such clothes expressing the length and breadth of the same together with the word searched which shall exempt them to be search elsewhere CCXXXVII If any save the said Overseers set or take away Seal to or from the said clothes without warrant they shall forfeit to the Queen for the first offence 10 l. And for the second being thereof lawfully convicted by verdict or two witnesses 20 l. And besides suffer the Pillory ☞ CCXXXVIII Justices of Peace Head-constables and Overseers shall search and seize ropes winches and other engins used for the unlawfull stretching of Northern clothes and none shall withstand them upon the forfeitures above mentioned for resisting the Overseers CCXXXIX The Justice that shall be found negligent in the due execution of this Act shall forfeit 5 l. And this and all other forfeitures of this Act shall be divided into three parts whereof the Queen is to have one the Informer another and the poor of the place where the offence is committed the third See the clauses following CCXL Justices of Peace have power to hear and determine these offences in their Sessions and Justices of Assizes to convict the Justices of Peace that are negligent upon proof of two witnesses But upon neglect of justice by the said Justices of Peace and Justices of Assizes the abovesaid penalties are recoverable in any other Court of Justice and in that case the one half thereof shall go to the Queen and the other to the informer CCXLI. The owner of Morthern clothes brought up to be sold in London shall cause them to be brought to Blackwell-hall to be searched drie without wetting in pain of 40 s. But here the searcher shall not make his search at such times when it may be a hindrance to the owners market in pain of 5 l. These penalties are likewise given to the Queen and the informer * CCLII Stat. 43 El. 10. None shall put any hair flocks thrum yarn made of lambs wooll or any other deceivable thing in Broad cloth Kersie Frize Dozen Penystone Cotton Taunton cloth Bridgewater or Dunster Cotton which Dunster Cotton shall be taken to be of like weight length and breadth as Taunton and Bridgewater cloth in pain to forfeit such cloth kersie c. And none shall buy or procure any such deceivable thing for that intent in pain to forfeit the same CCXLIII None shall use any Engine to stretch the said Cloths or Rugs unwrought in length or breadth in pain of 20 l. to be divided between the Queen and the prosecutor CCXLIV None shall set any wrought woollen cloth upon any tentor or other Engine to stretch the same otherwise then as followeth viz. the whole broad cloth one yard in length and one half quarter in breadth the Kersie Cotten c. one half yard in length and one nail in breadth in
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
such Steward do contrary to this Act he shall forfeit five pounds to be divided betwixt the King and the prosecutor IX This Act shall not prejudice the liberties of the Bishop of Duresm X. Stat. 1 R. 3.6 The Statute of 17 E. 4.2 is made perpetual XI Stat. 3 H. 7.9 Upon an Ordinance made by the City of London to prohibit Citizens to carry their wares to Fairs and Markets out of the City this Act gives them liberty and makes that Ordinance void and none shall trouble any Citizen for so doing in pain of 40 l. to be divided betwixt the King and the prosecutor * XII Stat. 2.3 P. M. 7. Every owner of a Fair or Market shall appoint a Toll-taker where Toll is taken or a Book-keeper where no Toll is paid to sit there from ten of the clock in the fore-noon till Sun-set in pain of 40 s. for every default XIII The Toll-taker or Book-keeper shall within one day after deliver unto the said owner a note of all the Horses sold there that day in pain of 40 s. which note the owner shall subscribe in like pain of 40 s. XIV Sale of a stoln Horse in a Fair or Market without entry in the Book as aforesaid and without staying there in open view by the space of an hour at least betwixt 10 of the clock and Sun-set shall not alter the property of the right owner but that he may by vertue of this Act seize or replevy him wheresoever he finds him XV. ☞ Justices of Peace in Sessions have power to hear determine the breach of this Statute and the forfeitures shall be divided betwixt the King and Queen's Majesties and the Prosecutor XVI Where no Toll is due the Book-keeper's fee for entring every contract is 1 d. and no more XVII Stat. 31 El. 12. Every seller or exchanger of an horse in a Fair or Market which being unknown to the Toll-taker or Book-keeper doth not procure one credible person that is well known unto him to vouch the sale of the same horse also every false voucher and the Toll-taker or Book-keeper that suffers such sale or exchange to pass shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor And besides the sale of such horse shall be void XVIII The names of the buyer seller and voucher and the price of the horse shall be entred in the Toll-book and a note thereof delivered to the buyer under the Toll-takers or Book-keepers hand for which the buyer shall pay 2 d. XIX Justices of Peace in Sessions have power to hear and determine these offences XX. Notwithstanding such sale and voucher as aforesaid the right owner or his executors may redeem a stoln horse if they claim him within six moneths after the Stealing at the Parish or Corporation where he shall find him and make proof by two sufficient witnesses before the next Justice of Peace in the Country or before the Head-officer of a Corporation that the horse was his and repay to the buyer such price for the horse as the same buyer shall upon his own oath before such Justice or Officer testifie to have paid for him XXI An accessary of an horse-stealer shall not have his Clergy False Judgment I. Marlbridge 20. 52 H. 3. None but the King shall hold plea of false judgment II. Stat. 1 E. 3.4 If against a Record brought into the King's Court by writ of false judgment the party alledgeth that the Record is otherwise then the Court did record the same it shall be tried by those of the Countrey who were pesent when the Record was made but if they appear not upon the Sheriff's return of them with others it may be tryed by other good men of the Country Fees I. West 2.42 13 E. 1. Several ancient fees of Marshals Chamberlains Porters of Justices in Eyre and Serjeants bearing verge before the Justices at Westminster See the Statute II. VVest 2.44 13 E. 1. Porters bearing verge before the Justices of the Bench in the Circuit shall take for keeping a Jury onely 10 d. for the Bills nothing Upon a recovery without a Jury nothing upon a Recovery against many by one writ 4 d. for homage done in the Bench they shall have their upper garment Of great Assizes Attaints Juries and Battel waged the fee is 12 d. For the pleas of the Crown the fee is 12 d. the dozen For every prisoner delivered 4 d. The Chirographer's fee is 4 s. The Clerk's fee for writing Originals is for every writ 1 d. See the Statute Feoffments I. Stat. 1 R. 2.9 Every gift of Feoffment of Lands made by fraud or maintenance shall be void and the disseisee notwithstanding such alienation shall recover against the first disseisor both his land and double dammages provided he commence his suit within a year after the disseisin and that such feoffor be then Pernor of the profits II. Stat. 4 H. 4.7 The disseisee shall have his action against the first disseisor during the life of the same disseisor so as such disseisor be also Pernor of the profits at the time of such suit commenced but as to other Writs in plea of Land the Demandant shall commence his suit within the year against him that is Tenant of the free-hold as the time of the Action accrued to him so as such tenant be also Pernor of the profits at the time of such suit commenced notwithstanding the Statute of 1 R. 2.9 III. Stat. 11 H. 6.3 In all writs grounded upon Novel disseisin Disseisees may have recoveries against the disseisors of their feoffees as well as in Assize of Novel disseisin so as such disseisors or their feoffees against whom the writ is brought be Pernors of the profits at the time of the Writ purchased notwithstanding any gifts or feoffments made to other persons to delay the demandants ☞ Felony I. West 1.12 3 E. 1. Notorious felons which refuse lawful trial shall suffer strong and hard imprisonment II. Stat. Of breaking prison 1 E. 2. it shall be selony for any person to break prison being in for felony otherwise not III. Stat. 5 H. 4.4 It is felony to multiply gold or silver IV. Stat. 5 H. 4.5 It is felony maliciously to cut out the tongue or put out the eys of any of the King's Subjects V. Stat. 1 H. 7.7 If any shall hunt within Forrests Parks or Warrens in the night-time or disguised one of the King's Council or a Justice of Peace to whom information thereof shall be made shall by his warrant cause the offendor to be brought before himself or some other Councellor or Justice of Peace to be examined where if he conceal the fact such hunting shall be deemed felony but being confessed the offence is onely finable at the next general Sessions And here a rescuouse of the execution of any such warrant shall be also deemed felony VI. Stat. 3 H. 7.2 It is felony to carry away a woman wife widow or maid against her will
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
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
Yarmouth and not above X. Two lasts of shotten Hering fresh shall be equal in price with one last of full Hering and two lasts of shotten Hering red shall be sold a Mark dearer then a last of full red XI The Pikers shall buy their Fish at Kirkley or else where upon the Coast but not to unfurnish the said Fair for the residue shall be brought to the Fair and none shall sell Hering within seven miles of Yarmouth but within the three Towns thereof unless it be Hering of their now Fishing XII The Barons of the five Ports are to have the government of the Fair and this ordinance for buying and selling of Hering shall be observed in all other Towns where hering is taken and old XIII Stat. 31 E. 3. Stat. 2.3 The Chancellor and Treasure taking to them Justices and others of the King's Council shall ordain remedy touching the buying and selling of Stock-fish of St. Botulfe Salmon of Barwick Wines and Fish of Bristrute and elsewhere * XIV Stat. 31 E. Stat. 3.1 Doggers and Land-ships of Blackney Haven and the Coast thereabouts shall discharge their Fish in the same Haven and not elsewhere in pain of imprisonment at the King's will and to forfeit their Fish and it shall be sold on Ship-board XV. Stat. 31 E. 3. Stat. 3.2 The ordering and prizing of Dogger Fish and Loch-fish at Blackney Fair in Norfolk XVI None but Masters of Ships and Marriners that exercise Fishing shall buy nets or hooks in Norfolk to Fish withall XVII Stat. 35 E. 3. All persons may buy Hering in the Fair-time at great Yarmouth openly and not privily XVIII No man shall enter into a bargain of Hering untill the first chapman hath done with it XIX A Fisher may sell his hering at any time when he cometh with it XX. Stat. 13 R. 2.19 No Fisher shall use any Engine by which the fry of Fish may be destroyed upon the pains mentioned in the State of West 2.47 XXI Salmons in Lancashire shall not be taken betwixt Michaelmas and Candlemas XXII Conservators shall be sworn to see this Statute observed and the offenders punished XXIII Stat. 17 R. 2.9 Justices of Peace shall be Conservators of the Statutes of West 2.47 13 R. 2.19 and shall have power to search all wares least by their straitness the fry of Fish may be destroyed XXIV Justices of Peace shall have power to appoint and swear under-Conservators to hear and determine in Sessions offences of this kind and to punish the offenders by imprisonment and fine whereof the under-Conservators which informes is to have half XXV The Mayor or Warden of London hath like power in Thames from Stains to London and in Medeway as far as the Citizens grant extends * XXVI Stat. 22 E. 4.2 None shall sell or set to sale any Salmon by vessel before it be viewed unless the But contain 84 gallons the Barrel 42 gallons and the half Barrel 21 gallons well packed in pain to forfeit for every vessel 6 s. 8 d. And it shall not be sold or put to sale in any vessel unless it be well packed viz. the great Salmon by it self without mingling any grills or broken-bellied Salmon therewith and the small Fish called grills shall be packed by themselves without such mingling in pain to forfeit for every vessel otherwise packed and set to sale 6 s. 8 d. XXVII None shall set any Hering to sale in vessel 〈◊〉 the Barrel contain 32 gallons and the half Barrel and Firkin accordingly They shall also be well packed of one times racking and saltting and as good as well packed in the midst as at the ends in pain to forfeit for every vessel wanting measure 3 s. 4 d. and as much for not being packed according to this Act. XXVIII None shall set to sale any Eels by vessel unless the Barrel contain 42 gallons and the other lesser measures accordingly neither shall any mingle red gall-beaten starved or pulled Eels with good Eels but pack the good Eels by themseives nor put to sale any red Eels at all in pain to forfeit for every vessel wanting measure 10 s. and as much for every vessel mixed packed or set to sale contrary to this Act. XXIX None shall set to sale any Barrelled Fish unless it be well packed viz. the great Fish called Tail-Fish containing in length from the bone in the fin to the third joint in the tail 26 inches by themselves and the lesser Fish called grils by themselves without mixing thukes or broken-bellied Fish therewith neither shall the said Fish be laid double in the packing nor the napes thereof longer then the little bone that resteth upon the great fin And the bone shall be taken away to the navel of every such Fish which shall also be splatted within a handful of the tail in pain to forfeit for every Barrel of Fish otherwise ordered 3 s. 4 d. XXX Head-officers of Corporations Burroughs Market-Towns and other places shall appoint discreet persons to search and gauge vessels of Fish for the prevention of the aforesaid deceits XXXI The forfeitures of this Act shall be divided betwixt the King and the prosecutor Howbeit within a Franchise the Lord of the Liberty shall have the King's part XXXII Stat. 11 H. 7.23 The Statute of 22 E. 4.2 is confirmed and the Gauger Searcher and Packers fee appointed viz. for Gauging of every vessel of Fish a farthing for searching and packing if need be of a Barrel of Salmon 1 d. for boning napping and packing a Barrel of Fish if need be 1 d. for searching and packing a Barrel of Hering 2 d. and as much for Eels and so ratably for lesser measures of Hering and Eels XXXIII The Gauger Searcher or Packer shall take no more and that onely when they execute their office in pain to forfeit their office and to suffer forty days imprisonment without bail XXXIV Stat. 31 H. 8.2 None shall Fish in any Pond Stew or Motâ—â— the day time without the owners concent in pain of three Monâ—â—s imprisonment and to find sureties for their good behaviour But this is altered by 5 El. 21. Vide infra * XXXV Stat. 2. 3 E. 6.6 No Officer of the Admiralty shall take any thing of any person that goes to trade for Fish into Island New-found land Ireland or other places commodious for Fishing for any licence to pass or otherwise in respect of such voyage in pain to forfeit for the first offence treble the summe or value of the reward so taken to be divided betwixt the King and the party grieved or other prosecutor And for the second offence to lose his office and to be fined at the King's will * XXXVI Stat. 1 El. 17. None shall use any Net or Engine to destroy the spawn or frie of Fish or take Salmons or Trouts out of season or Pikes shorter then 10 inches Salmons then 16 Trouts then 8 and Barbels then 12 or shall use any engine to take Fish other then angle or
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
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.
De Tallagio non concedendo Tempore E. 1. cap. 4. All persons shall have their laws liberties and free customs as largely as they have used to have them when they had them best And if any Statutes or Customs have been made or brought in by us or our Predecessors or if any article contained in this Charter be found contrary thereunto they shall be void VIII Stat. 1 E. 3. Stat. 2.4 All Cities Burroughs and franchised Towns shall injoy all their franchises customs and usages as they ought and were wont to do IX Stat. 14 E. 3. Stat. 1. cap. 1. Holy Church shall have her liberties in quietness The great Charter and that of the Forest shall be holden in all points and the City of London and all other Cities and Burroughs shall injoy all their Franchises and Customs which they have reasonably had and used in times past X. Stat. 25 E. 3. Stat. 3.1 All priviledges and franchises heretofore granted to the Clergy are confirmed and shall be holden in all points XI Stat. 6 R. 2. Stat. 1.1 The Church of England shall have all her liberties whole and unhurt and the same shall fully injoy and use XII Stat. 7 R. 2.1 Holy Church shall injoy all their liberties and franchises as she had them in the time of the King's Progenitors The like is granted in 2 R. 2.1 3 R. 2.1 5 R. 2.2.1 12 R. 2.1 1 H. 4.1 XIII Stat. 2 H. 4.1 The Church shall have her rights and liberties All Lords spiritual and temporal Cities Burroughs and Towns enfranchised shall injoy their liberties and franchises which they have lawfully used or have had by the grant of the King's predecessors Kings of England Vide 9 H. 4.1 13 H. 4.1 3 H. 5.1 and 2 H. 6.1 which are in effect the same save that they except such Franchises as are repealed or repealable by the Common-Law XIV Stat. 27 H. 8.24 None but the King shall have power to pardon treason or felony or such as are accessary to or outlawed for the same notwithstanding any Grant Usage Prescription Act or other thing to the contrary XV. None shall make Justices in Eyre of Assize Peace or Gaol-delivery but only the King and that by his Letters patents under the great Seal and notwithstanding any grant c. XVI All Writs Indictments and Processes in every County Palatine or other liberty shall be made in the King's name Teste the owner of such County Palatine or liberty and here in every such writ and indictment of any offence against the Peace it shall be supposed to be done against the King's Peace and not against the peace of any other person notwithstanding any Grant c. XVII Provided that Justices of Assize Gaol-delivery and Peace in the County Palatine of Lancaster shall be so made under the King 's usual seal of Lancaster notwithstanding any Act. XVIII Provided also that Corporations which have power to have Justices of Peace and Gaol-delivery may have them still notwithstanding this Act. XIX Stewards Bailiffs and other Ministers of Liberties shall attend the Justices of Assize Gaol-delivery and Peace and make due execution of Processes to them directed within their liberties and the Bailiffs there or their Deputies shall also attend and assist the Sheriff at the Gaol-delivery for execution of prisoners XX. Provided that the last clause shall not be prejudicial to any Stewards or Bailiffs of Corporations which are not compellable to attend or appear out of their Corporations XXI The King shall have the fines issues amerciaments and forfeitures which shall be set upon or lost by Stewards Bailiffs or other Ministers of Liberties notwithstanding any grant c. And amerciament for insufficient returns made by such Stewards or Bailiffs shall be set upon their heads and not upon the Sheriffs XXII Purveyors may take provision within liberties notwithstanding any grant c. Provided such purveyors observe the Statutes made for them in that behalf XXIII The King's officers may keep their Courts within the Verge and his Clerk of the Market onely shall execute his Office there notwithstanding any Liberty but London XXIV All Statutes made against Sheriffs Under-Sheriffs Bailiffs or other Ministers for any misdemeanour concerning their Offices shall extend to Stewards Bailiffs and other Ministers of Liberties XXV Stewards and Bailiffs of Liberties and their Deputies and Clerks may execute their office above a year notwithstanding this last clause XXVI All such Justices to be made as is aforesaid rehearsed in this Act shall have power to hold their Sessions of Peace and to deliver the Gaols within their liberties and to execute all other things within the same in as ample manner as other Justices of Peace and Gaol-delivery do in any Shire notwithstanding any Act Grant c. XXVII The new Justices now to be made by the King within Liberties shall sit where such Justices have commonly used to sit before and none within the said Liberties shall be compellable to appear before any other Justices of the same Liberties XXVIII Sir Thomas Englefield now Justice of Chester annd Flint shall not be prejudiced by this Act. XXIX This Act shall not be prejudicial to Corporations but they shall injoy such liberties fines issues amerciaments and forfeitures as they did before the making thereof XXX The Bishop of Ely and his Steward for the time being shall be Justice of Peace within the same Isle notwithstanding this Act so also shall the Bishop of Durrham and his Chanceller in that County Palatine and the Bishop of York and his Chancellor of Hexam within that Precinct XXXI Stat. 32 H. 8.20 The same franchises that the late owners of Religious houses had within three moneths before their dissolutions shall be revived and be actually in the King and in the survey of the Court of Augmentations and the Stewards Bailiffs and Ministers thereof shall account there as other Officers accountants of the King in that Court have done XXXII The Franchises of the late Religious houses which have come to the King's hands by attainder shall be in the order of the Court of general Surveyors and the Stewards Bailiffs and other Ministers thereof shall account there as other officers accountants of the King in that Court have done XXXIII The said Stewards and other Officers shall be attendant and obedient in all other the King's Courts as the officers of the said late owners were and no Sheriff or other forein officers shall intromit into their Liberties in any other manner then they lawfully might have done before the said Franchises came into the King's possession XXXIV Every person may use all such liberties as he hath by the King's grant or otherwise notwithstanding this Act also the offices fees annuities and profits of all persons out of any of the lands of the said Religious houses are saved XXXV Fines may be levied in the Court of Augmentations of lands within that Survey to the King's use without fee and the Justices of the Common Pleas
and for such provision as was made by an Act 1 Jac. cap. 32. exp certain duties are imposed the Owners and Masters of Ships repairing thither to be paid to the Treasurer of the said Harbor by the Collectors appointed for the same XV. The Master and Wardens of the Trinity house London appointed to oversee the works of the said Harbour and to call the Treasurer and Collectors to accompt yearly for 7 years XVI The Harbour being repaired the said Master and Wardens are to inform the Lords of the Privy-council who may thereupon suspend further payments upon this Act. XVII Proviso To exempt from any payment all Ships and Vessels belonging to the Ports of Weymouth and Melcome Regis and Lyme Regis and not to extend to any Collection exceeding 22000 l. and then to ceas See title Dover ☞ Hawks and Hawking I. Stat. 34 E. 3.22 A Hawk taken up shall be delivered to the Sheriff who after Proclamation made in the good Towns of the County if challenged shall deliver her to the right owner II If the Hawk were taken up by a mean man and be not challenged within four moneths the Sheriff shall retain her satisfying the party for taking her But if by a man of estate who may conveniently keep an Hawk the Sheriff shall restore her to him again he answering for the charge of keeping her III. If any do take away or conceal a Hawk he shall answer the value thereof to the owner and suffer two years imprisonment and in case he be not able to answer the value he shall remain in prison a longer time IV. Stat. 37 E. 3.19 He that steals and carries away an Hawk not observing the ordinance of 34 E. 3.22 shall be deemed a Felon Hexhamshire I. Stat. 14 El. 13. Hexham and Hexamshire with the liberties thereof shall be within the County of Northumberland Hides see Leather ☞ High-wayes I. Stat. 14. 15 H. 8.6 An Act was made for the altering of the High-ways in the weld of Kent See the Statute at large II. Stat. 26 H. 8.7 The Stat. of 14. 15 H. 8. shall extend to Sussex III. Stat. 37 H. 8.3 An Act for the keeping of Huntington land near Chester in good repair See the Statute * IV. 1 M. Parl. 2. cap. 5. Justices of the Counties of Dorset and Somerset shall assess those Countreys towards the repair of the cawsey lying betwixt Shaftsbury and Sherborn See the Statute V. Stat. 2 3 P. M. 8. The Constable and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday in Easter-week call together some of their neighbours and then make choice of two within the Parish to be Surveyors of the High-ways the year following who shall forthwith take that office upon them in pain to forfeit 20 s. apiece The said Constables and Churchwardens shall then also nominate four days betwixt that time and Midsummer to be set apart for the amendment of the High-ways and shall give publick notice thereof in the Chuch the next Sunday after Easter VI. The Officers and days being thus appointed every one having a team or Plough-land either in arable or pasture is chargable to send 2 able men with a team and tools convenient to work 8 hours upon every one of those 4 days in pain to forfeit 10 s. for every day that default is made And every Cottager is bound to work himself or to find a sufficient labourer to work for him as aforesaid in pain to forfeit 12 d. for every day VII The Surveyors have power to appoint instead of a team two able labourers to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit 12 d. for every day that either of them makes default VIII Stewards in Leets have power to enquire after the breach of this Act and to set fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented estreats thereof under their hands and seals viz. one to the Bailiff or High-Constable of the Liberty and the other to the Constables and Churchwardens of the Parish where the default was made IX In default of presentment thereof in Leets the Justices of Peace in Sessions shall inquire thereof and set such fines as they or two of them 1 Qu. shall think fit whereof the Clark of the Peace shall also deliver indented estreats under his hand and seal in like sort as aforesaid X. Their estreats shall be a sufficient warrant for the Bailiff or Chief Constable to levy the said fines by way of distress and if no distress can be found or the party do not pay the fine within 20 days after lawful demand thereof he or they shall forfeit double so much All which fines and forfeitures shall be imployed towards the amendment of the High-ways XI The Bailiff or High-Constable shall yearly betwixt the first of March and the last of April render unto the Constables and Churchwardens unto whom the other part of the estreats was delivered a true accompt of the money received by him in pain of 40 s. and the said Constables and Churchwardens have power to call the said Bailiff or High-Constable before two or more Justices of Peace 1 Qu. to pass his accompt who have power to commit him until he shall have satisfied all the arrearages by him received save 8 d. in the pound for his own fee and 12 d. in the pound for the fee of the Steward or Clark of the Peace and in this case the succeeding Constables and Churchwardens have the same power that their predecessors had * XII Stat. 5 El. 13. It shall be lawful for the Surveyors to turn a Water-course hurtful to the High-way into any man's ditch or to take rubbish ready digged in or near any man's quarter and for default of gravel c. elsewhere to dig in any several ground so they forbear to dig in Houses Orchards Gardens and Meadows or to make a pit above 10 yards but if they fill not the place again with earth to be done at the costs of the Parish within one moneth after it shall be so digged they shall forfeit 5 marks to the owner of the ground to be recovered by Action of debt XIII The hedges and ditches adjoyning to the High-way shall be kept low and scoured and the trees and bushes growing in the High-way cut down by the owners of the grounds which shall be inclosed by the said hedges and ditches XIV Instead of the four days appointed by the Stat. of 2 3 P. M. 8.6 days shall hereafter be observed XV. The Surveyors or one of them shall present every default within one moneth after it shall be made to the next Justice of Peace in pain of 40 s. and the said Justice of Peace shall certifie the same presentment at the next General Sessions in pain of 5 l. where the Justices shall have power to inquire of the default and shall set such fine upon the Delinquent as
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
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
immediately after seisure is to be appraised and sold by the chief Officer there and her price above the 6 s. 8 d. is to be divided betwixt the King and the seizer and the King's part thereof to be delivered to the Customer of the Port there III. None shall convey any Mare out of this land under 3 years old or worth above 6 s. 8 d. and for those he may convey he shall pay the usual Custom IV. For every Mare above that value to be transported beyond Sea by the King's licence the Custom shall be 6 s. 8 d. which shall be paid before she be shipped in pain to forfeit her V. If any at the Port will for any such Mare of under-value give 7 s. and pay for her he shall have her if she were not before taken by the King's Officer or the King's licence for transporting her were not before obtained VI. This Act shall not prohibit any to transport beyond Sea without the King's licence any horse for his own use he making oath before the Customer or searcher of the Port that he intends not to sell him VII Stat. 27 H. 8.6 Every one having inheritance or freehold in a Park kept for Deer and a mile about or his Farmor shall keep two Mares apt and able to bear foals each of them being 13 hands high from the lowest part of the hoof to the highest part of the shoulder and each hand containing 4 inches in pain of 40 s. for every moneth they want them and if the Park be 4 miles about they shall keep four such Mares upon the like pain VIII If any of the Mares die they have three moneths given them to provide another without danger of incurring the said penalty IX They shall not suffer their Mares to be leapt by any stoned-horse under 14 hand high in pain of 40 s. X. The said forfeitures are to be divided betwixt the King and the prosecutor XI This Act shall not extend to Westmerland Cumberland and Northumberland nor the Bishoprick of Durham nor to Parks wherein the Inhabitants of the Town next adjoyning have Common XII Spiritual persons may sell the increase and breed of their Mares notwihstanding this Act. * XIII Stat. 32 H. 8.13 None shall put to feed upon Forests or Common ground any stoned horse being above two years old and not 15 hand high from the lower part of the hoof to the upper part of the whither every hand containing 4 inches standard measure in pain to forfeit the same horse XIV It shall be lawful for any man to seize to his own use any stoned horse of lesser stature put to feed upon any such Common ground as aforesaid so that first by the assistance of the Keeper of the ground or Constable Bailiff Headborough or other such officer of the Parish adjoyning such horse be brought to the next Pound and there by the Officer and in the presence of three other sufficient men be measured and found lower then the Statute XV. Those that refuse to measure or to be present at measuring of such horse shall forfeit 40 s. a piece for every such default to be divided betwixt the King and the prosecutor XVI An horse that makes an escape into such Common shall not be questioned so that he stay not above 4 days after notice thereof given at the owner's house or in his Parish Church XVII Forests and Common-grounds shall be driven yearly at Michaelmas or within 15 days after by the Keepers or Officers aforesaid in pain of 40 s. who have also power to drive them at any other time of the year at their pleasure such power likewise have the owners of such grounds and here upon the drift if any unlikely Tits shall be found they shall be killed XVIII Justices of Peace in Sessions have power to hear and determine these offences but Stewards of Leets onely to take presentments of them which they shall certifie in at the next general Sessions or to the Custos Rotulorum in pain of 40 s. XIX None shall put upon Common grounds or Common fields any scabbed or infected horse in pain to forfeit 10 s. to the Lord of the Leet XX. This Statute shall not restrain keeping of horses under the statute upon Commons where Mares are not usually kept XXI Stat. 1 E. 6.5 None shall convey sell or deliver any horse into Scotland or any other forein Country without the King's licence or for his service in the wars in pain to forfeit such horse and 40 l. to be divided betwixt the King and the prosecutor XXII Wardens of the Marches and Justices of Peace in Sessions have power to hear and determine these offences and it shall be lawful for any of the King's subjects to arrest or imprison any Scotch-man or other that shall convey any horse contrary to this Act. XXIII He that hath the King's licence to convey Horses into Scotland shall before he so convey them shew his licence to one of the Wardens of the Marches to the end that the number of them may be Kalendred in pain to forfeit his horses or the double value of them to be divided betwixt the King and the prosecutor XXIV This Act shall not restrain the Warden of the Cinque-Ports to give 6 horses or geldings and no more to any person beyond Sea being within the King's Amity neither shall it impeach the Master of the King's horses in any Commodity that concerns his office nor any other for conveying beyond sea Mares not exceeding the value of 10 s. XXV Stat. 8 El. 8. The Statute of 32 H. 8.13 shall not restrain the keeping of stoned horses of a lower stature in the Fen grounds of the Isle of Ely and of the Counties of Cambridge Huntingdon Northampton Lincoln Norfolk or Suffolk so that the horses there kept be not under 13 hands high XXVI Stat. 21 Jac. 28. The Statute of 32 H. 13. shall not extend to the County of Cornwal ☞ Hospitals and Hospitallers I. Stat. 2 H. 5. Stat. 1. cap. 1. The Ordinary shall have power to inquire of and reform the foundation estate and government of Hospitals viz. Those of the King's patronage or foundation by Commission and shall return the inquisitions thereof into the Chancery But those of others he shall do it ex officio II. Stat. 2 H. 6.2 That the Hospital of S. Leonards in York may gather their Thraves of Corn as formerly and upon denial have an Action of debt for the same See the Statute III. Stat. 13 El. 17. That the Earl of Leicester may found an Hospital in Warwick or Kenelworth for relief of poor and impotent people which Hospital shall have capacity to purchase Lands in any County of England not exceeding 200 l. per annum and not holden of the Queen by Knight-service in capite or by Knight-service not in chief IV. Stat. 14 El. not printed for the assurance of all grants made and to be made for the poor in Hospitals c. V.
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
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
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
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
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
ever after taken as a man infamous and not to be credited ☞ II. Justices of Assize Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences But quaere whether this branch of this Statute be not repealed by the general words of 5 El. 4 following * III. Stat. 5 El. 4. So much of all Statutes made and every branch thereof as touch or concern the hiring keeping departing working wages or order of Servants Workmen Artificers Apprentices and Labourers or any of them and the penalties and forfeitures concerning the same are repealed Howbeit the said Statutes and every branch and matter therein contained not repealed by this Act shall remain in force IV. None shall hire or be hired for less then one whole year in the Arts of Clothier Woollen Weaver Tucker Fuller Clothworker Sheer-man Dier Hosier Taylor Shoo-maker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Capper Hat or Felt-maker Fletcher Arrowhead-maker Butcher Cook Miller ☞ V. Every person unmarried or under the age of 30 years though married having been brought up in any of the Arts above-said by the space of 3 years and not worth in lands 40 s. per annum or in goods 10 l. and so allowed under the hands and seals of 2 Justices of Peace the Head-officer or two discreet Burgesses of the Place where the party so brought up hath lived by the space of one whole year not already retained in Husbandry the Arts abovesaid or any other Art or Mystery or in any service upon requests of any person using the same Art shall not refuse to serve for the wages limited by the Statute and being so retained shall not depart from his or their service without one Quarter's warning before 2 lawful witnesses or some lawful cause to be proved before one Justice of Peace or Head-officer in pain of imprisonment without bail but upon submission to perform the service they shall be inlarged without fees which commitment and inlargement two Justices of Peace the Head-officer or 2 Burgesses as aforesaid unto whom complaint shall be made have power to command as in their disretions and upon due proof shall be thought fit VI. Every person between the ages of 12 and 60 not already retained in any service nor imployed about Husbandry Mines Glass Coal Fishing Sailing provision of Grain or Meal for London nor Gentleman born nor Scholar in any University or School nor worth 40 s. per annum in lands or 10 l. in goods not having a Father Mother or other Ancestor whose heir he is worth 10 l. per annum in lands or 40 l. in goods shall be compelled to serve in Husbandry and shall not depart that service otherwise then as is before limited upon pain above expressed VII None shall put away his servant before the end of his term without a Quarters warning or some lawful cause to be proved by 2 sufficient witnesses before the Justices of Oyer and Terminer Justices of Assize Justices of Peace in Sessions a Head-officer or 2 discreet Alder-men or Burgesses in pain of 40 s. VIII No servant having served in one City or Town shall get to serve in another without a Testimonial viz. in a Town Corporate under the Seals of the Town and 2 housholders there and in the Country under the Seals of the Constable or Constables and 2 housholders there which testimonial shall be made and delivered to the party and also registred by the Minister of the place where the servant dwelt for which the Master is to have 2 d. IX The form of the testimonial is this Memorandum that A.B. servant to C.D. of I. in the County of E. Husbandman or Taylor c. in the said County is licensed to depart from his said Master and is at his liberty to serve elsewhere according to the Statute in that case made and provided In witness c. X. The servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Minister or some Officer in any other place where he is to dwell shall suffer imprisonment till he procure one and if he produce not one within 21 days after his Imprisonment or shew a false one he shall be punished by whipping as a vagabond and the Master that retains a servant without such a Testimonial shall forfeit 5 l. XI Those that work by the day or week shall continue at work betwixt the middle of March and the middle of September from 5 in the morning till betwixt 7 and 8 at night except two hours allowed for breakfast dinner and drinking and half an hour for sleeping from the midst of May to the middle of August and all the rest of the year from twilight to twilight except an hour and an half allowed for breakfast and dinner in pain to have one penny defaulked out of their wages for every hours absence XII None that takes work by great shall leave the same before it be quite finished except for not payment of his wages the Queen's service licence of the Work-master or other lawful cause in pain to suffer one moneths imprisonment without bail and to forfeit 5 l. to the party grieved besides his costs and dammages to be recovered at the common Law for the loss sustained XIII None retained in service to work shall depart without licence in pain of one moneth 's imprisonment XIV Such wages of Labourers Artificers and others as have been formerly rated or concern husbandry shall be yearly assessed for the County by the Sheriff and Justices of Peace in Sessions and in Corporations by the Head-officer at their Easter-Sessions or within 6 weeks after and before the 12 of July following shall be certified under their hands and seals in the Chancery whereupon the Lord Chancellor or Keeper shall send down printed Proclamations thereof into every Country and Corporation before the first of Septemb. then next following which the said Sheriffs Justices and Head-officer shall before Michaelmas after cause to be inrolled and proclaimed But here when the old rates shall be certified to stand no Proclamation is needful XV. A Justice of Peace or chief Officer which shall be absent at the taxing of wages being not letted by sickness or some other reasonable cause to be allowed by the Justices upon Affidavit shall forfeit 10 l. XVI None shall give greater wages then those so rated as aforesaid in pain of 5 l. and 10 days imprisonment without bail and if any person shall be convicted before two Justices of Peace or a Head-officer of taking more wages he shall suffer 21 days imprisonment without bail XVII Every retainer promise gift or payment of wages or other thing contrary to the true meaning of this Act and every writing and bond to be made for that purpose shall be void XVIII If any servant or other shall be convicted before 2 Justices of Peace or a chief Officer as aforesaid by
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-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
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-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
within ten years after such imperfections removed XIX All Actions upon the Case other then for slander actions for accompt other then such as concern Merchandize Actions or Trespass Debt Detinue Trover and Replevin shall be commenced within three years after this present Session of Parliament or within 6 years after the cause of such actions or suit and not after XX. All actions or trespass of Assault Battery Wounding and imprisonment shall be commenced within one year after this session or within four years after the cause of suit and not after XXI All actions upon the Case for words shall be commenced within one year after this present session or within two years after the words spoken and not after XXII Provided that if in any such actions judgment be given for the Plaintiff and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of judgment it is given against him or if the Defendant be outlawed in the suit and after reverse the outlawry in these cases the Plaintiff his Heirs Executors or Administrators may commence a new Action within a year after such judgment reversed or given against the Plaintiff or outlawry so reversed and not after XXIII The right of Action in the cases abovesaid is saved to an infant Feme covert non compos mentis a person imprisoned or beyond Sea so as they commence their suits within the times above limited respectively after their imperfections removed Linne I. Stat. 26 H. 8.9 An Act for the repairing of the Town of Linne See the Statute at large ☞ Linnen Cloth * I. Stat. 28 H. 8.4 No person whatsoever shall put to sale any piece of Doulas or Lockeram unless the just length be expressed thereupon in pain to forfeit the same or the value thereof to be divided betwixt the King and the seiser * II. Stat. 1 El. 12. None shall use any means whereby Linnen Cloth shall be deceitful or made worse for use in pain to forfeit the same to suffer a moneths imprisonment and to be fined by the Justices before whom he shall be condemned III. Justices of Oyer and Terminer and of Assize and Justices of Peace or any three of them 1 Quo. have power to hear and determine these offences ☞ IV. The Informer that shall at the next Sessions of the Peace after the seiser to be kept in the County where such seiser is made or before two Justices 1 Qu. make due information of the offence and seiser or procure the Offender to be there indicted and be bound by recognizances before the said Justices to pursue the same matter with effect and give evidence as of right appertaineth and pay the one moiety of what he recovers to the Sheriff or other accomptant for the Queen's use shall have the other moiety for his paines V. The Justices before whom these offences are tried shall by estreat certifie the forfeiture into the Exchequer See more title Mannufacture num III. Livery and Ouster le main I. Stat. De escheatoribus 29 E. 1. Where by Inquests taken before the Escheator upon the King 's writ returned it is found that nothing is holden of the King the Escheator shall be immediatly commanded by the King 's writ out of the Chancery to put from his hands the Lands so taken into the King's hands and if the Escheator have received any profit thereof he shall restore it Howbeit if the King's title may afterwards be made appear by remembrances in the Chancery Exchequer or elsewhere the Lands shall be reseised and the mean profits answered to the King and in such case Scire sacias shall issue out against the party to shew cause why they should not be reseised Vide Artic. super Cart. 28 E. 1. cap. 19. To the like effect as to the Ouster le main and rendring the mean profits when there is no cause of seisor II. Stat. 28 E. 3.4 Where the King's tenant after he hath had livery hath been charged with rents and other paiments become due after such livery for part of the time pro rata hereafter the Escheator shall be charged with the Casual and continual prosits which happen before the livery pro rata according to the time and the tenant shall receive certain paiments of rent c. which happen after the livery without any abatement thereof pro rata for the time ☞ Liveries of Companies and Retainers * I. Stat. 1 R. 2.7 None shall give liveries for maintenance of quarrels or other conspiracies in pain of imprisonment and grievous forfeiture to the King And the Justices of Assize shall diligently inquire of such as gather together in Fraternities for such purposes and shall punish them according to their demerits London I. Stat. de Gavelet 10 E. 2. The Lords of Rents in London may recover them by a writ of Gavelet in their Hoystings and in default thereof the Lands in demesne II. Stat. 28 E. 3.10 The Mayors Sheriffs and Aldermen of London shall cause errours defaults and misprisions there to be redressed in pain to forfeit for the first default 1000 marks for the second 2000 marks and for the third to have the franchise and liberty of the City seised And their defaults herein shall be inquired of by Inquests of Kent Essex Sussex Hertford Buckingham and Berks as well at the King's suit as of others that will complain III. The Maior Sheriffs and Aldermen being indicted shall be caused by due process to come before the King's Justices assigned thereunto out of the City and there shall be made to answer as well to the King as to the party grieved and their trial shall be by forein Inquests as aforesaid whereupon if they be attainted the said pain shall be levied upon them and the Plaintiffs also shall recover treble damages IV. In the prosecution of such suits the Constable of the Tower or his Lievtenant shall execute all processes in the City which process shall be by attachment distress and exigent and in the King's case the exigent shall be awarded after the first Capias returned but after the return of the third Capias at the suit of the party V. If they have lands out of the City process shall issue against them in the Countie where such lands be by attachment and distress VI. Every of them that appear shall answer particularly for himself as well at the peril of him that is absent as of himself VII This Ordinance shall extend to all other Cities and Boroughs throughout the Realm Howbeit the Inquests in such cases shall be taken by foreign people of the Counties wherein such Cities and Boroughs are scituate and the pains to beset upon them shall be adjudged by the Justices thereto assigned VIII Stat. 1 H. 4.15 The penalties of 1000 and 2000 marks imposed by the Statute of 28 E. 3. shall not be limited to a certainty but the penalties shall from henceforth be left to the discretion of the Justices thereunto assigned in
whereunto title is made is lawful X. Proclamations shall be made at the Assizes of the Statutes made against Maintenance Champerty Embracery and unlawful retainers XI The offenders against this Act shall be prosecuted within one year ☞ Malt. I. Stat. 17 R. 2.4 Malt made in the Counties of Huntingdon Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well cleansed from dust and other filth and Mayors Bailiffs and Wardens of Towns and places where it is sold have power to make search and to see such defaults redressed * II. Stat. 2 E. 6.10 None shall imploy less time in the making and drying of Malt except in the moneths of June July and August then three weeks and in those moneths less then 17 days nor put to sale any Malt mingled of good and bad in pain to forfeit for every quarter so put to sale 2 s. to be divided betwixt the King and the prosecutor III. None shall put any Malt to sale before by treading rubbing and fanning it he shall have conveniently taken out of every quarter half a peck of dust or more in pain to forfeit 20 d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards in Leets have power to hear and determine these offences as well by presentment of twelve men as by information of two witnesses V. Bailiffs and Constables of Towns and places where faulty Malt is made or mingled as aforesaid have power to make search for it and being found with the advice of a Justice of Peace to make sale thereof at their discretions VI. None shall be punished by this Act who onely maketh Malt for his own provision nor unless the Action be prosecuted within one year ☞ VII Stat. 39 El. 16. Justices of Peace in Sessions have power at their discretions to restrain the superfluous number of Malsters and also of the buyers of Barley to be converted into Malt. VIII If any person shall be convicted by the testimony of two Witnesses or his own confession to have disobeyed the restraint aforesaid they shall suffer three days imprisonment without bail and shall there remain untill they shall before some Justice of Peace become bound by recognizance in 40 l. to obey the said restraint IX Justices of Peace in the County shall not execute this Law within Corporations but onely the Justices and chief Officers of the same Corporations X. Such as have Barly of their own growing tith-corn or rent-corn may convert it into Malt notwithstanding this Statute XI Malsters shall not meddle with the execution of this Act. XII Stat. 3 Jac. 11. When Malt is at 16 s. the quarter Beer may be transported to the King's Allies in Cask And the impost shall be 8 s. and the Custom 18 d. for a subject but for a Stranger 10 s. and 22 d. half peny XIII This Act shall not infringe the Statute of 35 El. 11.1 Jac. 25. or any other Statute made for the bringing in of Clapboard Cask or Scaffold board Manufactures * I. Stat. 14 Car. 2. cap. 13. An Act prohibiting importation of forein Bone-lace Cutting Imbroidery Fringe Bandstrings Buttons and Needle-work II. Justices of the Peace may cause search to be made for any of the said Wares imported contrary to this Act. See the Act at large III. Stat. 15 Car. 2. cap. 15 Stat. 3. Any person Native or Alien may freely set up or use the trade of breaking or dressing of Hemp Flax making of Threed Twine or Nets for Fishery or of Storing of Cordage and the trade of making any fort of Tapistery IV. All foreiners bonâ fide using the said trades in England Wales or Barwick by 3 years and taking the oathes of Allegiance and Spuremacy before 2 Justices of the Peace next dwelling who are impowred hereby to administer the same shall enjoy all previledges as natural born subjects V. All foreigners which shall exercise any the said trades by vertue of this Act shall not pay any other taxes or impositions then as natural born subjects unless they use Merchandise into foreign parts in which case they shall pay such customs as Aliens for 5 years next ensuing and no longer Merchants Merchandise I. Magna Charta 30. 9 H. 3. Merchant-strangers shall have safe conduct of coming into going out of and remaining in England to buy and sell without being exacted upon by excessive tolls except in time of war if they be of our enemies Countrey And albeit they be so yet so long as our Merchants be used well there they shall have the like usage here II. Stat. 9 E. 3.1 Merchant-strangers may freely buy and sell within the Realm without disturbance except they be alien enemies III. If any disturbance or abuse be offered them or any other Merchant in a Corporation and the Head-Officer there do not upon request provide remedy the Franchise shall be seised into the King's hand and the disturber being thereof attainted shall answer double damages to the party grieved suffer one years imprisonment and be ransomed at the King's will IV. If the disturbance be out of a Franchise and the Lord there or his Bailiff Constable or other Chief Ruler do not upon request provide remedy he shall being attainted thereof render double damages to the party grieved and the disturber being also thereof attainted shall also suffer one whole years imprisonment and be ransomed at the King's will V. Howbeit Merchants-aliens shall carry no wines out of this Realm VI. This Law shall be strictly observed throughout the Realm notwithstanding any Charter Franchise or Custom to the contrary saving to the King his due Customs VII The Chancellor Treasurer Justices assigned by commission to hold pleas and others by special commission from the King shall have power to hear and determine these misdemeanors VIII Stat. 14 E. 3. Stat. 2.2 All Merchants except enemies may safely come into England with their goods and Merchandize tarry and return paying the customs and subsidies IX Franchises and free customs reasonably granted to Cities Towns and Burroughs are saved X. Stat. 25 E. 3. Stat. 4.2 The Statute of 9 E. 3.1 is confirmed and all Statutes Charters Letters Pattents Proclamations Commandements Usages Allowances and Judgments to the contrary are repealed and made void XI All Merchants may freely sell their commodities without challenge or impeachment of any Officer or other notwithstanding any franchise grant or custom to the contrary XII The King may assign Justices to inquire of such as offend this Law and to inflict punishment upon them according to the said Statute of 9 E. 3. XIII Any that will sue against any such offender may have a writ out of the Chancery for that purpose XIV Stat. Stapul 27 E. 3. Stat. 2.2 A safe conduct is granted to Merchant-Strangers except alien enemies to come and dwell in this Realm and to return when they please as also to sell their
their fees for keeping of Castles Houses Parks Chases Forrests or Block-houses shall be void when the cause of exercising such Offices is determined XI Provided also that this Act shall not extend to revive any Letters Patents or any Office granted by the King which have been made void by Authority of Parliament Judgement Decree or otherwise XII This Act shall not be prejudicial to any Letters Patents Indentures or Writings made after the said 4th of February and before the 28th of April in the 28th year of the Kings Reign or to any other Statute made for the corroboration of such Letters Parents Indentures or Writings XIII Stat. 1. E. 6.8 Such another Statute made for the confirmation of all Grants made and to be made by E. 6. from the 28th of January in the first year of his Reign and so during his life with such provisoes and limitations as in the former Act of 34 35. of H. 8. are contained See the Statute XIV Stat. 7. E. 6.3 A confirmation of the Kings Letters Patents notwithstanding his non-age or any Statute heretofore made for the reservation of Tenures Rents or Tenths XV. Stat. 4.5 P. M. 1. Another like Act made for the confirmation of all Grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with such provisoes and limitations as in the said former Acts of H. 8. and E. 6. are contained XVI Stat. 18. E. 2. Another like confirmation of all Grants made to for or by the Queen or to be so made within 7. years next after the end of this Session with like provisoes and limitations as in the former Statutes XVII Stat. 35 El. 3. All Abby-lands which came to the hands of H. 8. shall be adjudged to have been in his actual and lawful possession notwithstanding any defect want or insufficiency of or in any Surrender Grant or Conveyance thereof or of any part thereof made to the said King or any other matter or cause whatsoever whereby he might have been entitled thereunto XVIII All Letters Patents made by him since the fourth of February in the 25. year of her Reign for the foundation of any Dean and Chapter or Colledge shall be adjudged good XIX The right of all others except of Abbots Priors c. is saved XX. Stat. 43. El. 1. All grants made to the Queen since the 8th of February in the 27th year of his Reign except by Ecclesiastical persons or bodies politique not having power or ability to make such grants are confirmed XXI The right of all others is saved except of the parties and privies of such grants XXII All grants made by the Queen to others since the said time as also all others that should be made by force of a Commission then on foot before the end of this Session or within one year after shall be good XXIII The Letters Patents of all such grants shall be expounded most beneficial to the Patentees any mis-naming mis-recital non-recital c. notwithstanding XXIV This Act shall not extend to Letters Patents of Offices nor of concealments except such concealments onely as are sold by Commissioners XXV Neither shall this Act extend to make good any Letters Patents heretofore adjudged void by any Court of Record at Westminster or by Act of Parliament neither yet those of Monopolies or for toleration of any offence prohibited by any penal Law nor of Lands where there is an estate tail in the Queen unless such estate be duly received XXVI Here also the right of others is saved XXVII Stat. 21 Jac. 25. The King nor any other claiming from by or under him shall hereafter take advantage against the Kings Patentees or Tenants for default of payment of Rent or other duty to be performed so as the rent be paid or such duty performed before such advantage taken or any Commission awarded to enquire or other process shall be issued for such forfeiture XXVIII Stat. 21 Jac. 29. All Leases made and to be made by Prince Charles of the Dutchie Lands of Cornwall shall be good XXIX Howbeit they shall not be good unless they be in possession and granted only for 31 years or 3 lives or estates determinable upon 31 years or 3 lives and thereupon also the accustomable Rent for the greatest part of 20 years before shall be reserved and where no such Rent hath been payable a reasonable Rent shall be reserved not under the twentieth part of the clear yearly value neither shall such Leases be dispunishable of waste XXX All Covenants and other agreements contained in such Leases shall be good XXXI The right of others except of the King and Prince and their Successors is saved XXXII 1 Car. 2. Such another Act for Leases to be made of the said Dutchie Lands within three years with such Clauses and Provisoes as in the Act of 21 Jac. 29. ☞ Paving I. Stat. 24 H. 8.11 The Street-way between Charing-Cross and Stroad-Cross shall be sufficiently paved at the charge of the owners of the Lands adjoyning to the same and shall also be afterwards repaired by them in pain to forfeit to the King 12 d. for every yard square not so paved and repaired and 25 H. 8. for Holborn and Southwark * II. Stat. 32 H. 8.17 All persons having lands betwixt Algate and White-Chappel Church or in Chancery-Lane Grays-Inn-Laneâ— Shooe-lane Fetter-lane or the way betwixt Holborn-bars and High-Holborn as far as any houses are there built shall before the 24 of June 1542. sufficiently pave so much of the Streets and Lanes aforesaid as are next adjoyning to their said lands and continue them in good repair in pain to forfeit for every yard square not so paved or repaired 6 d. III. The Mayor Aldermen and Justices in London and the Justices of Peace in Middl sex have power within their respective Jurisdictions to enquire hear and determine in Sessions the defaults And in case the said Justices shall be found remiss therein they shall respectively forfeit 5 l. IV. The Clerk of the Peace in Middlisex shall duly estreat into the Exchequer the Fines and forfeitures happening upon this Act in pain of 5 l. to be divided betwixt the king and the prosecutor V. Any three Justices in London whereof the Mayor is to be one have power to set Fines upon such as do not pave or repair any Street or Lane in London or the liberties thereof to be levied by distress plaint or action by the Chamberlain to the use of the Mayor and Communalty of the said City VI. The inhabitant paving his part in the said Streets or Lanes may defaulk so much of his rent from his lessor as the charge thereof shall amount unto unless it be otherwise agreed betwixt them VII Stat. 35 H. 8.12 Another like Statute for the paving and repairing of Whitâ—-Cross-Street Cheswel-streâ—t Golding-Lane Grub-street Goswel-street Long-Lane Saint Johns-street the streets there leading
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-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
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-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-Quarter-Sessions XXXII Provided all persons may go from place to place to work in Harvest carrying with them Certificates from the Minister one
Church-warden and one of the Overseers of the poor of the place where they inhabite and such working in Harvest or falling sick shall not be accounted a settlement and if such persons refuse to go and shall not remain in the Parish where they ought to be setled any two Justices of the Peace where the offence is committed may send them to the house of Correction as Vagabonds or to the publick Work-house there to labour XXXIII There shall be one or more Corporations in London and Westminster the Counties of Middlesex and Survey lying within the Parishes in the Weekly Bills of Mortality consisting of a President Deputy-President and Treasurer And the Lord Mayor President and Aldermen to be Assistants of the Corporation or Work-Houses of London and 52 Citizens to be chosen by the Common-council of the said City who may elect a Deputy-President and Treasurer and other Officers for execution of this Act. XXXIV A President and Deputy-President and Treasurer and Assistants for the City of Westminster to be chosen by the Lord-Chancellor or Lord-Keeper XXXV If Justices of the Peace of Middlesex and Surrey respectively in their quarter-Quarter-Sessions may chuse Presidents Deputy-Presidents Treasurer and Assistants for their respective Corporations and Work-houses And the Officers to give accounts in writing at every Quarter-Sessions XXXVI The said respective Presidents c. Incorporated and may sue plead or be sued by the name of President and Governort for the poor of the said respective places and every of the said Corporations may purchase or have Lands not exceeding the value of 3000 l. per annum without Licence XXXVII The said respective Corporations or any 7 of them have power to meet and keep Courts for the purposes in this Act expressed at such time and place as the President his Deputy or the Treasurer shall appoint who are to warn a Court at the desire of any four of the said Corporation and have power to appoint a common Seal for the use of the said Corporation XXXVIII The respective Presidents and Governors of the said Corporations or two of them or any person appointed may apprehend Rogues Vagrants sturdy beggars or idle and disorderly persons within their respective limits and places and cause them to be set and kept to work and the Justices of the Peace in their quarter-Quarter-Sessions may signify the names of such Rogues Vagrants c. to the Kings Privy Council as they shall think fit to be transported to English Plantations upon approbation of which to the said Justices signified any 2 of the said Justices may cause them to be transported from time to time during the space of three years next ensuing the end of this present Session of Parliament to any English Plantation beyond Sea there to be disposed as servants for a term not exceeding 7 years XXXIX Upon certificate from the respective Corporations of want of stock to the City of London The Common-council of the said City and respective Justices at the Sessions may ascertain a sum not exceeding a rate of one years proportion to the poor And thereupon the Aldermen Deputies and Common-council-men of every Ward in London and the Burgesses and Justices of the Peace in VVestminster and Justices of the Peace in Middlesex and Surrey shall equally rate the Inhabitants at and upon complaint by any person of being unequally rated he may be relieved at the next quarter-Quarter-Sessions XL. Any Alderman of London or his Deputy or the Burgesses and Justices of the Peace of the City of Westminster and Liberties thereof or any two Justices of Peace of Middlesex and Surrey by Warrant under their hands and Seals may authorize the Church-wardens or Overseers for the poor to demand and gather the several sums assessed And for default of payment within 10 dayes after demand or notice left in writing at the dwelling house or lodging of the persons assessed to levy the same by Distress and Sale of their goods restoring the over-plus to the party distreined XLI All stocks formerly raised for the poor and in the hands of a Corporation for the poor in London shall be paid to the Treasurers of the said Corporation made by this Act and all that have any stocks or Lands in their hands for that purpose shall be accountable to the said Treasurers or such as shall be appointed by them or any 7 of them Provided all just expences be allowed them XLII The respective Presidents and Governors or 7 of them may make Orders and By-Laws for releiving regulating and setting the poor to work apprehending and punishing Rogues and Vagabonds within their several limits Provided the said By-Laws be presented to and confirmed by the Justices of the Peace at their quarter-Quarter-Sessions XLIII The President and Governors or any 14 of them may choose and entertain Officers and others needful to be imployed abouâ— the stock or revenue belonging to the Corporation And all Sheriffs and Officers to be aiding to them in the execution of the powers by this Act. XLIV Two Justices of the Peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the Parish and if for want of holding Leets they continue above the year they may be discharged at the Sessions and others put in XLV Every Justice of Peace may reward any persons that apprehend and bring before them any Rogue Vagabond or sturdy Beggar by granting an Order or Warrant under his hand and Seal to the Constable of the Parish which such Rogue c. passed through unapprehended for payment of 2 s. for every Rogue so apprehended and upon default of payment to proceed against such defaulter according to the Statute 1 Jac. cap. 7. and to allow out of the said Forfeiture the said 2 s. and allowance for loss of time as they shall think fit XLVI If any person shall apprehend a Rogue Vagabond or sturdy Beggar at the confines of any County which passed through another County unapprehended he may go to some Justice of the Peace of the County through which such Rogue or Vagabond passed unapprehended who upon certificate under the hand of some Justice of the Peace of the County where such Rogue was apprehended shall grant his order or warrant under his hand and seal to the Constable to pay unto such persons 2 s. and what he thinks fit for expences and loss of time and upon refusal to proceed against such Constable for the forfeitures by the Statute of 39 El. cap. 4. XLVII Constables Headboroughs and Tythingmen out of purse with the Church-wardens and Overseers of the poor and other Inhabitants of the Parish may make rates upon all occupiers of lands and Inhabitants and all others chargable by the Statute 42 El. to the Poor which being confirmed under the hands and seals of two Justices of the Peace may be levyed by their warrant by distress and sale of the refusers goods XLVIII Putative fathers of Bastard children leaving their children upon
the Parish oftentimes the Churchwardens and Overseers for the poor of the said parish where the child is born may seise and take so much of the goods and chattels and of the rents and profits of the lands of such reputed fathers or mothers as shall be ordered by two Justices of the Peace for and towards discharge of the Parish for providing for such bastard and by order of the Sessions may sell the said goods or so much thereof as the Court shall think fit and so much of the rents and profits of the lands for the said purposes XLIX The Defendant sued for any thing done upon this Act may plead the general Issue and upon Verdict for him Nonsuit or Discontinuance shall recover treble damages L. The poor of the Counties of Lancashire Cheshire Derby-shire York-shire Durham Cumberland and Westmerland and other Counties of England and Wales shall be maintained and set on work within their respective Parishes according to the intent of this Act and in case of default the several penalties herein to be incurred And the Justices of the Peace in the said Counties may execute all powers there under the like penalties as in the Statute of 43 El. cap. 2. to be levyed as therein mentioned LI. Proviso Impowring the Justices of the Peace in their quarter-Quarter-Sessions to transport convicted Rogues Vagabonds and sturdy Beggars to English plantations beyond the Seas LII Proviso for saving the Franchises and Liberties of the Dean and Chapter of Westminster and this Act as to all matters except what relates to the Corporations to continue till the end of the first Session of the Parliament after the 29th of May 1665. and no longer Post-Office I. Stat. 12 Car. 2. cap. 34. A Post-Office for the carriage of Letters and providing post-horses erected in London the Master whereof to be appointed by the Kings Letters Pattents under the Great Seal and the rates for carrying Letters ascertained as well Inland as beyond Sea II. Postmasters not providing sufficient horses for such as have occasion forfeit 5 l. for every offence one moyety to the King the other moyety to the party that will sue for the same in any the Kings Courts of Record III. No horses to be seised or used for any service within the said Act without consent of the owners IV. Stat. 15 Car. 2. cap. 14. Stat. 3. The profits of the said Post-Office and power of granting Wine-Licenses setled on the Duke of York and the heirs Males of his body ☞ Prerogativa Regis I. West 1.48 3. E. 1. Forasmuch as the King hath ordained these things viz. this Statute of Westm 1. for the honour of God and the Church and for the Common-wealth and for remedy of such as are grieved he would not that at any other time it should turn in prejudice of him or of his Crown but that such right as appertain to him should be saved in all points President of the Council I. Stat. 21 H. 8.20 Pars inde The President of the Kings Council if he be present may associate the Lord Chancellor Treasurer and Privy Seal at naming of Sheriffs setting of prizes of Wines and at all other Acts limited by any Statute to be done by the said Chancellor and Treasurer or Keeper of the Privy Seal Primer Seisin I. Prerog Reg. 3. 17. E. 2. The King shall have Primer seisin after the death of his Tenant in chief of all the lands whereof he dyed seised in Demesne as of Fee of what age soever the Heir be taking the issues of the same lands until inquisition be made and he have taken homage of such heir Printing See Books c. Per tot ☞ Prison Prisoners Goal Goalers I. Stat. 1 E. 3. Stat. 1.7 The Justices of either Bench Assize and Goal-delivery shall hear and determine all plaints made against Sheriffs and Goalers who shall compel or procure prisoners to become approvers viz. to accuse others II. Stat. 5 E. 3.8 Endictees and Appellees in the Kings Bench shall be safely kept in Prison by the Marshals there and not suffered to go at large according to the charge given them by the Justices And if any complain thereof the Justices shall do him right during the Terms III. At the end of every Term the Marshalls shall acquaint the Justices in what Town they will keep such Prisoners and shall there allow them houses at their own charge IV. The Marshals who suffer any such prisoner to go at large shall suffer half a years Imprisonment and be ransomed at the Kings will which the Justices shall have power to enquire of when they see time V. The proceedings against Marshals shall be within the Verge and if the Marshalls suffer any to escape they shall be proceeded against according to Law howbeit the King intended not by this Statute to lose the escape where he ought to have it VI. Stat. 14 E. 3. Stat. 1.10 Goals which were wont to be in she Sheriffs custody shall be again rejoyned to their Bailiwicks and they shall put in such keepers for whom they will answer VII The Goaler which by dures compells a prisoner to become an approver shall have judgment of life and member VIII Stat. 13 R. 1.15 The Kings Castles and Goals which were wont to be joyned to the bodies of the Counties and be now severed shall be rejoyned to the same IX Stat. 5 H. 4.10 Justices of Peace shall imprison none but in the common Goal saving to Lords and others who have Goals their Franchise in this case X. Stat. 19 H. 7.10 The Sheriff of every County shall have the keeping of the common Goal there except such as hold any by inheritance or succession also all Letters Patents of the keeping of Goals for life or years are annulled and void howbeit the Kings Bench nor Marshalsey shall be in the custody of any Sheriff and the Patents of Edmard Courtney Earl of Devon and John Morgan for keeping of prisons are excepted XI Stat. 6 H. 8.6 The Justices of the Kings Bench have power by their discretions to remand as well the bodies of Felons as their Indictments into the Counties where such Felonies were committed And also to command the Justices of Goal-delivery of Peace and all other Justices and Commissioners there to proceed and determine such Felonies in like manner as if their bodies and Indictments had not been removed XII Stat. 23 H. 8.2 The Justices of Peace in Essex Suffolk Dorset Sussex Surrey Nottinghans Glocester Bedford Buckingham Huntington Wilts Kent Warwick Staff Oxon Bark Ieic Rutl. Linc. Heref. North. Salop. Norf. Cornwal and Derby or the greater part of them in their respective Counties have power within one year to appoint the Towns and places within their respective limits where common Goals may be edified and to tax the several Counties for building and furnishing the same Howbeit this tax was not to extend to corporate Towns having Justices and Common Goals of their own XIII Felons shall be committed to the
said common Goals and not elsewhere And the Sheriffs shall have the Custody thereof and shall be allowed in their accounts by the Barons of the Exchequer the moneys expended by them in repair of the same without any Bill or Warrant of the King to be shewed in that behalf XIV This Act shall not prejudice any person having a common Goal by Inheritance or for life or years XV. Stat. 5 El. 24. The Statute of 23 H. 8.2 is continued for 10 years and shall extend to the Counties of Pembroke Glam Cardig Radnor and Mount gomery XVI 13 El. 25. The Statute of 23 H. 8.2 and 5 El. 24. shall extend to the County of Cambridge and the said Acts shall continue in force 10 years after the 10 years of continuance mentioned in 5 El. 24. XVII Stat. 14 El. Justices of Peace in Sessions or the more part of them have power to tax every Parish in the County but not above 6 d. or 8 d. a piece towards the relief of prisoners which tax the Church-wardens of every Parish shall levy every Sunday and pay it in quarterly to the High-Constable or in a Corporation to the Head-Officer and the High-Constable or Head-Officer shall pay the same at every Quarter-Session to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners XVIII The Church-wardens High-Constables Head-Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5 l. to be divided betwixt the Queen and the prisoners XIX Justices of Peace within the County shall not intermeddle with a Corporation for the execution of this Act But onely the Mayor and Head-Officers of the same XX. Stat. 3 Jac. 10. An offender which is to be conveyed to the Goal shall bear all charges both of himself and of those that guard him XXI If he refuse so to do upon a Warrant from a Justice of Peace The Constable of the Town-ship where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justices shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender XXII If the offender hath no goods to satisfie the charges the the Constables Church-wardens and two or three other honest inhabitants or in case there be no such Officers there four of the Principal Inhabitants of the Parish where he was taken shall make a tax according to which being allowed under the hand of a Justice of Peace every inhabitant shall pay the said charges And upon refusal by Warrant from a Justice of Peace the Constable Tything-man or other Officer hath power to levy the same by distresse and after appraisement by four inhabitants there to sell the same rendring the overplus to the party so refusing XXIII Here if the Officer that distrains be sued he shall plead justification and upon Verdict for him or Non-suit of the Plaintiff shall recover treble damages besides costs of suit Prize Goods I. Stat. 16 17 Car. 2. ca. 6. An Act for repealing part of an Act made this Parliament intituled An Act directing the prosecution of such as are accomptable for Prize-Goods 14 Car. 2. cap. 14. viz. as to any prosecution against all Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Sea-men and Marriners Provided this Act extend not to discharge any others Probat of Testaments * I. Stat. 31 E. 3.4 Bishops shall restrain their Officers from taking excessive fees for Probats of Testaments in pain to have them indicted before the Justices for extortion as hath been heretofore used II. Stat. 21 H. 8.15 Nothing shall be given for the Probat of a Will or Commission of Administration when the goods of the dead exceed not 5 l. save onely 6 d. to the Register Neverthelesse the Judge shall not refuse to prove such a Testament being exhibited unto him in writing with wax ready to be sealed and proved Communi forma but shall dispatch the party without delay III. For the Probat of a Will and all other things concerning the same when the goods of the dead exceed 5 l. but not 40 l. the Judges Fee is 2 s. 6 d. and the Registers 12 d. And when they exceed 40 l. the Judges Fee is 2 s. 6 d. as before and the Registers as much Or the Register may refuse the 2 s. 6 d. and take a peny for ten lines of the Will each line being conceived to contain ten Inches in length And for these Fees they shall dispatch the party without frustratory delay IV. Where there is no Will or the Executors refuse it Administration ought to be committed to the Intestates widow if he left any or to the widow and the next of the kindred or in case he left no widow to one or more of the kindred or in case they look not after it to any creditor or creditors that desire it or in case they also neglect it to any other person or persons at the discretion of the Ordinary who is enjoyned to take security of such Administrators for the due administration of the Intestates goods V. Nothing shall be given for Letters of Administration when the Intestates goods exceed not 5 l. and when they exceed not 5 l. but not 40 l. the Officers Fees are onely 2 s. 6 d. VI. The Executors or Administrators calling to them two or more Creditors or so many of the next of the Kin or in their default two or more neighbours or friends to the dead shall in their presence cause a â—ue Inventory to be made of the goods and shall deliver the same in upon oath unto the Ordinary indented whereof one part shall remain with the Ordinary and the other with the Executors or Administrators VII The Judge or Ordinary shall not refuse to receive an Inventory indented so tendered unto him in Court together with his oath to verifie the same VIII Lands devised to be sold shall not be accompted any of the Testators goods IX The fee for the Copy either of the Will or Inventory is the same with that above allowed for registring of the Will or else the Register mny take a peny for every ten lines of the length as aforesaid X. The Officer that takes more then his due fee shall forfeit that excess to the party grieved and besides 10 l. to be divided betwixt the King and the same party grieved XI This Act shall not alter the custome where less money hath been for probate of Testaments XII The Ordinary may convent Executors to prove the Testators Will and to bring in the Inventory as before notwithstanding this Act. ☞ Process I. Artic. super Cart. 15. 28 E. 1. the summons and attachments of plea of land shall contain 15 dayes except attachment of Assizes in the Kings presence and pleas before Justices in Eyre during the Eyre II. Stat. 5
this is to prevent a return of the Sheriff by tarde III. And for that the Sheriff sometime returns a Mandavi Ballivo of a Liberty where there is none such the Treasurer of the Exchequer shall deliver to the Justices in a Roll all Liberties in every County that have return of Writs and if the Sheriff return a Mandavi Ballivo of a Liberty not contained in the said Roll he shall be punished as a disheritor of the King and his Crown And if he return a Mandavi Ballivo of a liberty that hath return he shall have a Non omittas propter aliquam libertatem to do it and shall be commanded to warn the Bailiffs thereof to be ready at a day to be named in the Writ to answer why they did not execute the Kings Precept when if they come and acquaint themselves that no return was made to them the Sheriff shall be condemned to the Lord of the Liberty and also to render damages to the party grieved by such delay But if the Bailiffs appear not or do not acquit themselves as aforesaid in every Judicial writ so long as the Plea hangeth the Sheriff shall have a Non omittas c. IV. As concerning the Sheriffs return of issues if the Plaintiff demand Oyer of the Sheriffs return it shall be granted him and if heaver that the Sheriff might have returned greater issues unto the King he shall have a writ Judicial unto the Justices of Assize to enquire in the presence of the Sheriff if he will be there what issues the Sheriff might have returned from the Teste to the return of the Writ And when the Enquest is returned if he have not before answered the whole he shall be charged with the Overplus by estreats out of the Exchequer and beside shall be grievously amerced for the Concealment And here rents corn in the grange and all movables except Horse harness and houshold-stuff are imprisoned under the name of Issues V. The King commands that Sheriffs shall be punished by the Justices once or twice if need be for such false returns Howbeit with the third offence none shall meddle but the King VI. The Sheriff must beware of returning a rescue for such answers tend much to the dishonour of the King But when the Bailiffs testifie such resistance forthwith the Sheriff all other business laid aside taking with him the Posse Comitatus he shall go in proper person to do execution and if he find his under Bailiffs false he shall punish them by imprisonment but if not he shall imprison the resisters from whence they shall not be enlarged without the Kings special command VII Also in case of resistance the Sheriff shall certifie the Court of the names of resisters their Aiders Consenters Commanders and Favourers and by a Writ Judicial they shall be attached by their bodies to appear in Court where if they be convict they shall be punished at the Kings pleasure See this Statute confirmed in Art Sup. Chartas 16. 28 E. 1. VIII Stat. 12 E. 2.5 An Indenture shall be made between the Sheriff and Bailiff of a Franchise under their names of every return delivered by the Bailiff to the Sheriff and if the Sheriff change the return so delivered and be thereof convict he shall be punished by the King and yield to the Lord of the Liberty and to the party grieved double damages IX Sheriffs and Bailiffs shall set their names to their returns in pain to be grievously amerced to the Kings use X. Stat. 2 E. 3.5 At what time and place in the County a man delivereth a Writ to the Sheriff or Under-Sheriff they shall receive the same and make him a Bill according to the Statute of Westm 2.39 without taking any thing for the same and if they refuse to make such a Bill others there present shall set to their seals and if the Sheriff or Under-Sheriff return not such Writs they shall be punished according to the said Statute Also the said Justices of Assize shall have power to enquire thereof and to award damages having respect to the delay and likewise to the loss and damage that might happen Revenue See Title King Richmond I. Stat. 26 H. 15. A Statute shewing what duties Spiritual persons Beneficed in the Arch-deaconry of Richmond shall take after the decease of any person there Rie and Winchelsey I. Stat. 2 E. 6.30 An Act was made against Ballast to be cast into the Channell there Right I. Magna Carta 24. 9 H. 3. The Writ called Praecipe in Capite shall be granted to no man upon any Free-hold whereby any Freeman may lose his Court. ☞ Riots Routs and unlawful Assemblies I. Stat. 27 R. 2.8 The Sheriffs and all other the Kings Officers shall suppress Rioters and imprison them and all other offending against the Peace ☞ II. Stat. 13 H. 4.7 The Justices of Peace or two of them at least together with the Sheriff or Under-Sheriff shall by the power of the County suppress Riots Routs and unlawful Assemblies arrest the offenders and record what shall be done By which Record of the said Justices and Sheriff or Under-Sheriff the offenders shall stand convict as by the Statute of 15 R. 2.2 in case of Forcible Entries which see in Force and if the offenders be departed the said Justices and Sheriff or Under-Sheriff shall within a month after make enquiry thereof and hear and determine the same according to Law III. If upon such enquiry the truth cannot be discovered in manner aforesaid then shall the said Officers within one month after such enquiry certifie the fault together with the circumstances thereof unto the King and his Council which certificate of theirs shall be in the nature of a presentment by twelve whereupon the offenders shall be brought to answer and those that be found guilty shall be punished at the discretion of the King and his Councill IV. If the offenders traverse the said Certificate then that together with the Traverse shall be sent into the Kings Bench there to be tried V. If the offenders upon the first Precept do not appear before the Council or in the Kings Bench a second Precept shall issue forth upon which if they cannot be found or within three Weeks after Proclamation made against them in the next County Court after the delivery of the second Precept they do not make their appearance before the Council in the Kings Bench or in the Chancery in vacation-time upon return of the said Proclamation they shall stand convict and attainted of the offence committed VI. Justices of Peace dwelling near the place where such Officers shall be committed and Justices of Assize for the time they shall be in their Sessions in case any be then committed shall d◠execution of this Act in pain of 100 l. ☞ VII Stat. 2 H. 5.8 If default be found in the Justices of Peace or Assize or in the Sheriff or Under-Sheriff touching the execution of 13 H. 4.7 at the instance
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-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
other the said impediments and annoyances And all those persons and every of them to tax assess charge distrain and punish as well within the meets limits and bounds of old time accustomed or otherwise or elswhere within our Realm of England after the quantity of their lands tenements and rents by number of acres and perches after the rate of every persons portion tenure or profit or after the quantity of their common Pasture or profit of fishing or other commodities there by such wayes and means and in such manner and form as you or six of you whereof the said A. B. and C. to be three shall seem most convenient to be ordained and done for redress and reformation to be had in the premisses And also to reform repair and amend the said Walls Ditches Banks Gutters Sewers Gotes Calcies Bridges Streams and other the premisses in all places needfull and the same as often and where need shall be to make new and to cleanse and purge the trenches sewers and ditches in all places necessary and further to reform amend prostrate and overthrow all such Mills Streams Ponds Locks Fish-garths hebbing-wears and other impediments and annoyances aforesaid as shall be found by inquisition or by your surveying and discretions to be excessively hurtful And also to depute and assign diligent faithful and true keepers Bailiffs surveyors collectors expenditors and other ministers and officers for the safety conservation reparation reformation and making of the premises and every of them and to hear the accompt of the Collectors and other Ministers of and for the receipt and laying out of the money that shall be levied and paid in and about the making repairing reforming and amending of the said walls ditches banks gutters gotes sewers calcies bridges streams trenches mills ponds locks fish-garths flood-gates and other impediments and annoyances aforesaid And to distrain for the arrerages of every such collection tax and assessment as often as shall be expedient or otherwise to punish the debtors and detainers of the same by fines amerciaments pains or other like means after your good discretions And also to arrest and take as many carts horses oxen beasts and other instruments necessary and as many workmen and labourers as for the said works and reparation shall suffice paying for the same competent wages salary and stipend in that behalf And also take such and as many trees woods and underwoods and timber and other necessaries as for the same works and reparations shall be sufficient at a reasonable price by you or six of you of the which we will that A. B. and C. shall be three to be assessed or limited as well within the limits and bounds aforesaid as in any other place within the said County or Counties near unto the said places and to make and ordain Statutes Ordinances and Provisions from time to time as the case shall require for the safeguard conservation redress correction and reformation of the premisses and of every of them and the parts lying to the same necessary and behoofefull after the laws and customs of Rumney Marsh in the County of Kent or otherwise by any wayes and means after your own wisdoms and discretions And to hear and determine all and singular the premisses as well at our suit as at the suit of any other whatsoever complaining before you or six of you whereof A. B. and C. shall be three after the Laws and Customs aforesaid or otherwise by any other ways and means after your discretions And also to make and direct all Writs Precepts Warrants and other commandments by vertue of these Presents to all Sheriffs Bailiffs and other Msnisters Officers and other persons as well within Liberties as without before you or six of you whereof the said A. B. and C. to be three at certain days terms and places to be returned and received And further to continue the Process of the same and finally to do all and every thing and things as shall be requisite for the due execution of the Premisses by all ways and means after your discretions And therefore we command you That at certain days and places when and where you or six of you whereof the said A. B. and C. to be three shall think expedient ye do survey the said walls fences ditches banks gutters gotes sewers calcies ponds bridges rivers streams water-courses mills locks trenches fish-garths flood-gates and other lets impediments and annoyances aforesaid and accomplish fulfill hear and determine all and singular the premisses in due force and to the effect aforesaid after your good discretions And all such as ye shall find negligent gainsaying or rebelling in the said works reparation or reformations of the premisses or negligent in the due execution of this Commission that ye do compell them by distress fines and amerciaments or by other punishment ways or means which to you or six of you whereof the said A. B. and C. shall be three shall seem most expedient for the speedy remedy redress and reformation of the premisses and due execution of the same And all such things as by you shall be made and ordained in this behalf as well within Liberties as without that you do cause the same firmly to be observed doing therein as to Justice appertaineth after the Laws and Statutes of this Realm and according to your wisdoms and discretions XI Save always to us such fines and amerciaments as to us thereof shall belong And we also command our Sheriff or Sheriffs of our said County or Counties of 〈…〉 that they shall cause to come before you or six of you of which A. B. and C. shall be three at such days and places as ye shall appoint to them such and as many honest men of his or their Bailiwick as well within the Liberties as without by whom the truth may best be known to inquire of the premisses Commanding also all other Ministers and Officers as well within Liberties as without that they and every of them shall be attendant unto you in and about the due execution of this our Commission In witness whereof we have caused these our Letters to be made Patents Witness Our Self at Westminster the 〈…〉 day of 〈…〉 in the 〈…〉 year of Our Reign XII Here every person named a Commissioner as soon as he shall have notice thereof shall effectually put his diligence and attendance thereunto Howbeit he shall not put the Commission in execution because he shall before the Lord Chancellor or some others whom He by a Dedimus shall thereto assign or before the Justices of Peace in Sessions of the County to which the Commission is directed take the Oath following XIII Ye shall swear that you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be born to any manner of person or persons and as the case shall require ye shall consent and
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
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-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
execution of this Law in pain of 5 l. and to be bound to the good behaviour VII None shall transport such a Rogue out of Ireland Scotland or the Isle of Maâ— being born in any of these places in pain to forfeit 20 s. to the use of the poor where he lands And if any then shall be hereafter found in England or Wales they shall suffer punishment and be conveyed the next way home as aforesaid or in case they came by Sea to the place where they landed from whence they are to be transported at the charge of that County to the place from whence they came VIII No impotent poor person shall pass to the Bath or Buxton without being licensed to pass by two Justices of Peace where they dwell and provided with relief both for their journey and abode there and shall also return within the time limited by their license in pain to be reputed and punished as Rogues and the City of Bath or Town of Buxton shall not be chargeable with any such IX Justices of Peace of the Counties shall not intermeddle in Cities or Corporations but only the Officers of the same who shall have like power there as the said Justices have in Counties X. This Act shall not extend to restrain the power which the City of London hath in the Government of Saint Thomas Hospital in Southwark or to prejudice any jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XI The forfeitures and fines which shall accrue by this Act other then that above otherwise limited shall be imployed for the maintenance of houses of Correction or the relief of the poor where the offence shall be committed at the discretion of the said Justices of Peace and may be levied by warrant under the hands and seals of two Justices of Peace by distress and sale of goods And here the confession of the offender or proof by two witnesses before two such Justices shall be sufficient conviction XII Two Justices of Peace one of Quorum shall have full power to hear and determine all causes which may come in question by reason of this Act. XIII The Lord Chancellor or Keeper for the time being shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of Correction stocks for poor or other such like uses XIV A Seafaring-man suffering shipwrack not having wherewithal to relieve himself and having a Testimonial under some Justice of Peace his hand and seal near the place where he landed declaring the time and place of his landing the place of his dwelling or birth unto which he is to pass and the time limited for his passage may in the direct way home and within the time so limited for his passage ask and receive necessary relief without incuring the penalties of this Act. XV. This Act shall not extend to children under seven years old nor to glass-men which travel without begging by licenses under the hands and seals of three Justices of Peace one Quorum of the County through which they travel XVI Stat. 39 El. 17. Wandring Souldiers and Mariners and all others wandring as Souldiers or Mariners which will not settle themselves to work or have not a Testimonial under the hand of some one Justice of Peace near the place of their landing setting down the place where they landed the place whither they are to pass and the time of their passage or having a Testimonial exceed the time therein limited above fourteen days or counterfeit Testimonial or produce one which they know to be counterfeit shall in all these cases suffer as Felons without benefit of Clergy XVII Justice of Assize Goal-delivery and of Peace in their Sessions have power to proceed against these offenders as in case of Felony without Clergy unless some sufficient man allowed by the Justices will enter into Recognisance of 10 l. to the Queen to retain the offender for one whole year and to bring him to the next Sessions of Peace and Goal-delivery after the year ended And if he within the year depart that service without license he shall afterwards suffer as a Felon without Clergy XVIII Souldiers and Mariners which fall sick in their passage home shall be excused though they exceed the time limited in their Testimonial so that they perform this Act in convenient time after their recovery XIX If when they come home they cannot get work the two next Justices upon their complaint shall take order that they may be provided of work or otherwise shall tax the whole Hundred for their relief untill work may be had XX. The Souldier or Mariner licensed by a Justice of Peace to whom he shall make his poverty known having not wherewith to bear his charges home may ask and take relief so it be in his direct way home and within the time limited by his license XXI These offences shall cause no corruption of blood XXII Stat. 1 Jac. 7. Noble Personages shall authorize none to go wandring abroad and Glass-men shall be reputed and used as Rogues notwithstanding the Statute of 39 El. 4. XXIII Instead of banishing an incorrigible Rogue or committing him to the Gallies as was ordained by 34 El. 4. he shall in open Sessions be branded in the left shoulder with a burning iron having a great Roman R. upon it as broad as a shilling And from thence shall be sent to the place of his last dwelling if that cannot be known to the place of his birth After which time if he offend again he shall suffer as a Felon without benefit of Clergy XXIV Every person that seeth or knoweth any Rogue to beg shall convey or cause him to be conveyed to the next Constable or Tything-man in pain of 18 s. to be levied and imployed as the forfeitures of 39 El. 4. and in default thereof then by the Lord of the Leet or his officer in like manner as the persons authorized by the said Statute should have levied and imployed the same And here also if the Constable or Tything-man do not punish him according to that Statute he shall forfeit 20 s. to be also levied and imployed as by the same Statute is appointed XXV This Act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire XXVI Stat. 7 Jac. 4. There shall be an house of Correction provided in every Shire to set Rogues and other idle people to work XXVII The Justices in Sessions shall from time to time appoint a Governour for the said house who shall have power to set such Rogues and idle people to work and to punish them by moderate whipping or putting fetters or gives on them which rogues and idle persons shall not be chargeable to the Country nor have other allowance than what they shall deserve by their own labour XXVIII The said Justices shall at least twice every year within their several divisions and oftner if
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
in London York and Coventry are excepted * XIII Stat. 25 H. 8.2 The prizes of victual in all places except Corporations shall be assessed by the Kings Councellors Justices of either Bench and some other great Officers For which see the Statute at large XIV Provided that Head-officers in Corporations and others having authority to prize victual may still assess the prizes thereof as if this Statute had not been made XV. No Corn Beefs Muttons Veals Porks or other victual shall be transported beyond Sea except for victualling of Ships and barrelled butter and meal to be earried into Island in pain to forfeit the value thereof to be divided betwixt the King and the prosecutor XVI Stat. 2 3 E. 6.15 Butchers Brewers Bakers Poulterers Cooks Costermongers or Fruiterers which conspire or promise together that they will not sell their victuals but at certain prizes shall forfeit for the first offence 10 l. to the King and if they pay it not within six dayes after conviction they shall suffer twenty dayes imprisonment and during that time shall have no sustenance but bread and water for the second offence they shall forfeit 20 l. and that not paid within six dayes as aforesaid shall suffer the pillory And for the third offence shall forfeit 40 l. and that not paid within the time above limited shall again suffer the Pillory lose one of their ears and be ever after taken as men infamous and not to be credited and if such conspiracy be acted by the major part of a Company of such victuallers their Corporation shall be thereupon dissolved XVII Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences * XVIII Stat. 1 2 P.M. 5. None shall transport beyond sea or into Scotland any corn or grain of English growth or malt made there or any beer butter cheese herring or wood without lawful authority in pain that the owner of the vessel in which they are so transported shall forfeit his vessel the owner of the said Commodity so transported the double value thereof and the Master and Marriners all their goods and suffer a years imprisonment without bail Neither shall any convey by any vessel any of the aforesaid commodities to any other Ship or Vessel to be transported in pain to incur the like forfeitures and penalties XIX The one moyety of the said forfeitures shall accrue to the King and Queen and the other to the prosecutor XX. In case the King and Queen their heirs or successors grant license to transport such commodities the licensed shall not transport more then the license allows in pain to forfeit the treble value thereof and to suffer a years imprisonment without bail And such license shall ship the said commodities at one and the same place in pain to forfeit all his goods and chattels to be divided as followeth viz. the one moyety to the King and Queen and the other to the prosecutor XXI Justices of the Peace have power to examine all offenders against this Act and to hear and determine by the oaths of 12 lawful men the offences committed against the same XXII Provided that when wheat shall not exceed the price of 6 s. 8 d. Rye of 4 s. and Barley of 3 s. 4 d. the quarter it shall be lawful to transport them notwithstanding this Act Neither shall this Statute impeach the necessary victualling of Ships or the Admirals Jurisdiction Howbeit as to the transportation of Corn this Statute hath since been divers times altered by sundry subsequent Acts viz. 13 El. 1 Jac. 25. and 21 Jac. 28. and last of all by 3 Car. 4. which see in Corn and so it stands at this day XXIII Stat. 21 Jac. 21. The Statute of 32 H. 8.41 together with other Statutes coneerning horse-bread is repealed XXIV Inholders and Hostlers shall make no horse-bread shall sell their hay provender and victuals at reasonable prizes and shall take nothing for litter XXV This Act shall not restrain those that dwell in a Thorow-fair which is no Market-town and wherein there is no Baker to make horse-bread according to the just assize XXVI Justices of Oyâ—r and Terminer Justices of Peace Sheriffs in turns and Stewards in Leets have power to hear and determine these offences XXVII If any Inholder or Hostler which hath power by this Act to make horse-bread observe not the Assize or if he or any other offend this Law in any other kind whatsoever for the first offence they shall be fined for the second suffer a months imprisonment without bail for the third be set upon the Pillory and for the sourth shall be fore-judged from ever keeping an Inne again View I. West 2.48 13 E. 1. View of Land shall not be granted but where it is necessary for example if one lose land by default and afterwards moveth for a Writ to demand the same Land or when one by an exception dilatory abateth a Writ after view had as by non-tenure misnaming of the Town or the like In these cases upon purchase of another Writ view shall not be granted if he had view in the first Writ so in a Writ of Dower when the Dower in demand is of Land which the husband aliened to the Tenant or his Ancestors whereof the Tenant ought not to be ignorant Here albeit the husband dyed not seised yet view shall not be granted to the tenant Also in a writ of entry which abated because the Demandant misnamed the entry here if the demandant purchase another Writ of Entry the tenant having had view in the first Writ shall not have it in the second Likewise in all Writs where Lands are demanded by reason of a Lease made by the demandant or his ancestor to the tenant himself being within age non compos mentis in prison or the like view shall not be granted but if the demise were made to his ancestor view shall lye as hath been heretofore used II. Stat. De visu terrae Essoin de servitio Domini Regis 12. E. 2. View shall be granted in a writ of ward of customs and services of Advowson of a Church viz. when there be more Churches then one in a Town and all of one Saint of Dower to be assigned and of Nuper obiit Villenage I. The Statute of Purveyors cap. 18. 25 E. 3. Notwithstanding adjournment made in Eyre by writ de libertate probanda purchased in favour of Villeins to delay their Lords in their Actions for such Villeins the Lord may in all Writs plead the exception of Villenage against them whether such Writ were purchased by deceit or otherwise The Lords also may seize their bodies as well as they might have done before such Writs de libertate probanda purchased II. Stat. 38 E. 3.17 No Writ shall be abated by exception of Cognizance of Villenage if the Demandant or Plaintiff will aver that the party alledging the exception was free the day of the Writ purchased
use confidence or trust of any such person or persons or body politick shall be deemed and adjudged to be in him or them that have such use confidence or trust of any such quality manner form and condition as they had before in or to the use confidence or trust that was in them IX When divers persons are so seised to the use confidence or trust of any of themselves they amongst them that have such use or trust shall likewise have the seisin estate and possession in such quality manner and condition as they had the use or trust X. Howbeit the right title c. of all other except of the persons so seised to any use or trust is saved and all former right title c. is also saved to them XI Where any be seised to any use or intent that another shall have a yearly rent out of the same lands Cestuy que use of the rent shall be deemed in the possession thereof of like estate as he or she had that use and shall distrain for non-payment of the said rent and make Avowries Conusances and Justifications and use all other remedies therein as if the said rent had been actually granted to such Cestuy que use XII Where an estate is made in possession or use to husband and wife and his heirs or the heirs of their two bodies or of one of their bodies or to them for their lives or for the wives life for her Joynture in any of these cases she shall not have dower Howbeit upon a lawful eviction of that Joynture she shall be endowed according to the rate of her husbands land whereof she was dowable XIII Such a Joynture being made after Marriage the wife after her husbands death may refuse it and betake her to her dower unless such Joynture be made by Act of Parliament XIV Provided that this Act shall not extinguish release discharge or suspend any Statute Recognizance or other bond by the execution of any estate setled by force of this Act. XV. All Wills and Testaments heretofore made or hereafter to be made before the first of May 1536. shall be good in law in such manner as they were commonly taken and used within 40 years before the making of this Act. XVI The King shall not take advantage by occasion of the executing of any estate by Authority of this Act before the first of May 1536. viz. by having or demanding any primer seisi◠livery Ouster le main fine for alienation relief or Herriot but after that time fines for alienations reliefs and herriots shall be paid to the King and also liveries and Ouster le mains shall be sued for uses trusts and confidences which shall be from thenceforth made and executed in possession by force of this Act neither shall any other Lord demand or take any fine relief or herriot by occasion of this Statute before the said first of May 1536. XVII This Act shall not be prejudicial to any person or persons born in Wales or the Marches thereof who have any estate to them executed by force of this Act in any lands in this Realm whereof any other person now stands seised to their use but such person or persons born there may lawfully have and keep all such lands by authority of this Act according to the tenor thereof ☞ Usury * I. Stat. 37 H. 8.9 None shall sell his wares or merchandize to any and within three months after buy the same again at a lesser price knowing them to be the same wares or buy any corrupt bargain of wares money or other thing or buy any Mortgage of land and take in gain for giving day of payment more then according to the rate of 10 l. per centum for one whole year in pain to forfeit the treble value of the profits of such lands mortgaged to be divided betwixt the King and the prosecutor and besides shall suffer imprisonment and make fine at the Kings will II. Stat. 13 El. 8. All Bonds Contracts and Assurances upon Usury in lending or doing any thing contrary to the Statute of 37 H. 8.9 shall be void and all Brokers and Soliciters thereof shall be adjudged and used as Counsellors Attorneys or Advocates in any case of Praemunire III. He that takes no more then after the rate of 10 l. per centum or less shall only forfeit the interest to be recovered and imployed as the forfeitures of 37 H. 8.9 IV. Justices of Oyer and Terminer of Assize and of Peace in their Circuits and Sessions and Mayors Sheriffs and Bailiffs of Cities have power to hear and determine all offences committed against 37 H. 8.9 V. The Statute of 37 H. 8.9 shall be construed largely and strongly against the party offending by any way or device directly or indirectly VI. This Act shall not extend to any allowances or payments for the finding of Orphans according to the ancient rates of London or of any other City where order is taken for their custody and goods as in London VII The offender against the Statute of 37 H. 8.9 may also be punished by the Ecclesiastical Laws VIII Stat. 21 Jac. 17. None shall upon any contract directly or indirectly take for the loan of any money or other commodities above the rate of 8 l. per centum for one whole year in pain to forfeit the treble value of the money or other things lent IX No Scrivener Broker or Solicitor shall take or receive directly or indirectly for Brokage above the rate of 5 s. for the loan of 100 l. for one whole year nor above 12 d. for making a Bond in pain to forfeit 20 l. to be divided betwixt the King and the prosecutor and also to to suffer six moneths imprisonment X. Stat. 12 Car. 2. cap. 13. None shall upon a contract directly or indirectly take for the loan of any money wares merchandises or other Commodities above the rate of 6 l. per Cent. for loan of a 100 l. for a year and so proportionably upon pain to forfeit treble the value of the money or other things lent XI No Scrivener Broker or Solicitor shall take or receive for brocage above the rate of 5 s. for the loan of 100 l. for a year nor above 12 d. for making a bond upon pain of forfeiture of 20 l. to be divided between the King and the prosecutor and to suffer half a years imprisonment Wager of Law I. Magna Cart. 28. 9 H. 3. NO Bailiff shall put any man to his open Law or to an oath upon his own bare saying without faithful witnesses brought in for the same II. Stat. 38 E. 3.5 Any man may wage his Law by sufficient people of his condition against Londoners papers and the Creditor shall take surety otherwise if he please but shall not put the party to plead to the Enquest unless he will so do of his own accord III. Stat. 5 H. 4.8 In Actions of debt upon the arrearages of an account feigning to the
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
otherwise then according to the prices so set and proclaimed as aforesaid in pain to forfeit 40 l. for every vessel otherwise sold to be divided in a Corporation betwixt the King and the Head Rulers there but out of a Corporation betwixt the King and the Prosecutor XIV Justices of Peace and Head Officers have power to hear and determine the defaults of all such as sell wine in grosse or by retail contrary to this Act. XV. Stat. 32 H. 8.23 The great Officers appointed by the Statute of 28 H. 8.14 to set prices upon wines shall so set them between the 20 day of November and the last day of December and at no time else and none that sell wines either in grosse or by retail shall sell them above those prices upon the penalties in the said Statute of 28 H. 8. contained XVI If any refuse to sell their wines accordingly In London the Mayor Recorder and two ancient Aldermen being no Vintners and in other places the Mayor Bailiffs Aldermen or other Officers whereof the chief Officer is to be one may enter the houses of such persons and sell their wines at the prices so assessed as aforesaid ☞ XVII Stat. 7. E. 6.5 None shall utter wine by retail in any other places then in Cities Burroughs Port Towns or Market Towns or in Gravesend Sittingborn Tuxford or Bagshot in pain to forfeit ten pounds for every day that they sell Wine otherwise XVIII None shall utter wine by retail in any City Burrough or Corporation but by licence of the most part of the Common Council Aldermen Burgesses or Communalty there under their common seal nor in any City Burrough Port-Town or Market-Town not corporate or in Gravesend Sittingborn or Bagshot without license of the Justices of Peace of the County in Sessions under their seal in pain to forfeit 5 l. for every day that they sell wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not license above two in one place in pain to forfeit 5 l. a piece except in these hereafter following in which it shall be lawful to license more then two viz. in London 40 York 3 Norwich 4 Westminster 3 Bristol 6 Lincolâ— 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford-East 3 Worcester 3 Southampton 3 Canterbury 4 Isswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 XIX None shall sell or utter wine by retail to be spent in his or their Mansion-house or in any other place in their tenure by any colour craft or engine in pain of 10 l. XX. The abovesaid forfeiture shall be divided betwixt the King and the Prosecutor XXI Justices of Peace within every County and Corporation in Sessions Stewards in Leets and Sheriffs in their turns have power to enquire by the oaths of 12 men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poor of the Town or place where the presentment shall be found XXII This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unless the suit be prosecuted within a year XXIII Stat. 12 Car. 2. cap. 25. None shall sell or utter wines by retail upon pain to forfeit 5 l. the one moyety to the King the other to him that shall sue for the same XXIV The King may grant Commission to two or more persons who may license and authorise the selling of Wine by retail according to the rules and directions in this Act and not otherwise XXV Such persons Commissionated shall be called the Kings Agents for granting wine Licenses and may grant Licenses not exceeding 21 years if the party licensed so long live under a Rent yearly but no fine to be paid XXVI Licenses shall be granted onely â—â— such persons as use the Trade of selling Wines by retail or to the Landlord of the house and may not be assigned nor shall indempnifie any against the penalties of this Act save the first taker XXVII They may appoint Officers for managing that service so as their Sallaries exceed not 6 d. in the pound of the yearly Revenue arisiâ—â—◠〈◊〉 XXVIII The said Revenue shall be paid into the Exchequer and not to be charged with any gift or Pension and the Agents shall every Michaelmas Term return into the Exchequer what Licenses they have granted and the Rents reserved and paid and the arrears to the end Process may issue for the same XXIX Proviso not to extend to prejudice any priviledges of the two Universities nor to prejudice the priviledges of the Society of Vintners London nor any other Town Corporate nor the Burrough of St. Alboas in their priviledges granted by Letters Pattents of Queen Elizabeth for maintenance of the Free-School there XXX No Officer appointed by the King for this service shall receive any Fees or rewards for the same other then 5 s. for a License 4 d. for an Acquittance and 6 d. for a Bond upon pain of 10 l. one moyety to the King the other to the person that will sue for the same XXXI None shall abuse or mix any wines with any other Ingredients upon pain of forfeiture of 100 l. by every Merchant Wine-Cooper or other selling wines in grosse And 40 l. by every person selling wines by retail for such mixing corrupting or abusing of wines the one moyety to the King the other moyety to the person that shall sue for the same XXXII No Canary wines Muskadel or Alegant shall be sold within England Wales or Berwick by retail for above 18 d. the quart No Gascoigne or French wines for above 8 d. the quart No Rhenish wines for above 12 d. the quart and so proportionably for more or less quantity upon pain of 5 l. forfeiture for every Statute quart c. or other measure sold for more the one moyety to the King the other moyety to him that shall sue for the same XXXIII Provided the Lord Chancellor c. may set the prices of wines yearly or alter the same and in default of such setting of prizes the Rates set by this Act to continue under the penalties recoverable as aforesaid XXXIV See Post-Office Numb 4. Witnesse I. Stat. 12. E. 2.2 When a deed or other writing is denyed in Court wherein witnesses are named processes shall be awarded to cause them to appear and if they come not at the great distress returned or the return be that they have nothing or that they cannot be found yet the Enquest shall proceed but if the witnesses appear at the great distress and the Enquest for some cause remain untaken the witnesses shall have like day given as is assigned for the taking of the Enquest when if they appear not the issues first returned upon them shall be forfeit and the taking of the Enquest shall not be deferred because of their
absence neither yet for the absence of witnesses dwelling in a Franchise where the Kings writ runs not II. Stat. 5. El. 9. Pars inde None served with process out of a Court of Record to restifie as a witness being tendered convenient charges and having no reasonable let shall therein make default in pain to forfeit to the party grieved 10 l. and besides to yield him such further recompence as the Judge of the same Court shall think fit according to the damage sustained which said sums shall be by him recovered in any Court of Record by Action of debt in which no wager essoin c. shall be allowed ☞ Wood. * I. Stat. 35. H. 8.17 In every several Wood called Copice or Underwood which shall be felled at 24 years growth or under there shall be left unfelled for every acre thereof 12 Standils of Oak and in case there shall not be so many Oaks that number shall be made up of Elm Ash Aspe or Beech which Standils or Storers shall not be cut down until they shall bear ten Inches square within 3 foot of the ground in pain that every owner of such woods shall forfeit for every Standil not so left 3 s. 4 d. and also for every such Standil so left and afterwards cut down as much Both which forfeitures shall be divided betwixt the King and the Prosecutor II. Underwoods felled at 14 years growth or under shall during 4 years next after the 20. of April after their felling be preserved from destruction of Cattel in pain that the owner thereof shall forfeit for every rood thereof unfenced for every month 3 s. 4 d. And underwoods above 14 years growth and under 24. being so felled shall during 6 years next after the 20 of April after such felling be so preserved as aforesaid upon the like pain III. None shall convert into Pasture or Tillage any such underwood or Copice containing two Acres or above and being two furlongs distant from the house of the owner thereof or from the house whereunto such wood doth appertain in pain to forfeit 40 s. for every Acre so converted IV. The owner of Copices above twenty four years growth shall at the felling thereof leave 12 such Standils of Oak or otherwise of Elm Ash Beech or Asp as aforesaid in pain to forfeit 6 s. 8 d. for every Standil not so left And shall not cut them down before they are of two years growth in pain of 6 s. 8 d. for every one so cut down And farther shall preserve such underwoods seven years after their felling from the destruction of Cattel by fencing in pain to forfeit for every rood thereof unfenced for every month 3 s. 4 d. V. Howbeit the owner of such underwoods may fell such Standils as aforesaid for his own use for building repairing inclosing and maintaining of houses orchards or gardens or for pailing railing or inclosing of Parks Forests Chases or other grounds or for making or repairing of Water-works Dams Bridges Floodgates Ships or other Vessels notwithstanding this Act. VI. Where there is such a Wood or Copice wherein others have common the Lord owner of the soil shall not fell or cut down the same except to his own use before he and the Commoners shall agree in the setting out of a fourth part thereof to be severally inclosed for the Lords use And in case they cannot agree thereupon two Justices of Peace appointed by the more part of the Justices in Sessions shall have power to call together twelve of the Commoners and Inhabitants there and with the Lords and their consent to set out the fourth part thereof to be severally inclosed by the said Lord within one month after and then to be felled at his pleasure and also to be subject to the aforesaid laws of other Copices upon such penalties as aforesaid Onely if any Beast be suffered to come into such fourth part within seven years after they are felled the owner of such cattel shall forfeit for every such beast 4 d. And if the owner of such wood or Copice cut down any trees or underwoods there contrary to the form aforesaid he shall forfeit for every tree so cut down 6 s. 8 d. VII The said forfeitures are to be recovered in any Court of Record and to be divided betwixt the King and the Prosecutor VIII Here during the said seven years next after such felling of such fourth part the Commoners shall be excluded for commoning therein so also shall the Lord be debarred to common in the residue But after the said seven years expired both the Lord and Commoners may intercommon in the whole as they did before the division IX Provided that every one may fell and inclose all such his copice or underwoods in wast grounds as before this time have used to be inclosed and preserved for the maintenance of wood and underwood notwithstanding this Act. X. The Commoners also in case the said Lord do not fell his fourth part within four months after such division may common in the said part until it be felled XI This Act shall not extend to Underwoods in the wildes of Kent Surrey and Sussex save onely to the common Woods there XII Neither shall it extend to any Timber-trees growing within two miles of the Sea in Cornwell dead at the top or taken by the Kings Commission Neither shall any offender be punishable by this Act unless he be prosecuted within one year after the offence committed XIII None shall break or destroy any fence or hedge made for the saving of any such Woods or Underwoods in pain of 10 s. Neither shall any suffer his Swine of the age of 10 weeks or above to go or run in any such Grounds or Woods unringed or unpegged in pain to forfeit for them 4 d. a piece which said forfeitures in the Kings Woods shall be divided betwixt the King and the finder Bur in other woods betwixt the owner of the field and the Prosecutor XIV Underwoods in a Park shall be preserved by fencing onely 4. years after the felling thereof XV. If such Woods happen to be destroyed by the means of a stranger and not by the owner himself or by his neglect the Stranger shall be subject to the penalties of this Act and not the Owner XVI Yearling Colts and Calves may be put into such Woods within two years after the felling thereof XVII Stat. 1. El. 15. None shall convert or imploy to Coal or other fuel for the making of Iron any Timber-tree or trees of Oak Beech or Ash of the bredth of a foot square at the Stubs and growing within 14 miles of the Sea or of any part of Thames Severn Wye Humber Dee Tine Tees Trent or other Navigable River in pain to forfeit 40 s. for every Tree so converted to be divided betwixt the King and the Prosecutor XVIII This Act shall not extend to Sussex the wild of Kent or to the Parishes of Charlewood Newdigate or Leigh
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-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.
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
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-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
and Sessions within one year and a day after such offence committed except treason and misprision of treason XLVII Provided that any of the offenders aforesaid which shall before judgment submit and conform themselves to the Bishop of the Diocess or in open Assize or Sessions shall be discharged of every the offences aforesaid except treason and misprision of treason and of all pains and penalties incurred for the same XLVIII Of the forfeitures abovesaid two third parts the Queen shall have one to her own use the other for relief of the poor in the Parish where the offence is committed to be delivered without further warrant then of the principal Officers of the Receipt of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three moneths after judgment shall be committed to prison and there remain untill he hath satisfied them or shall conform himself and go to Church XLIX They that have on Sundays the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but four times in the year at least are present at Divine Service in their own Parish-Church or some other open Chappel of ease shall not incurre the penalty aforesaid for not coming to Church L. All covinous grants to defraud the interest which the Queen or any other person may claim by virtue of this Act or of 13 El. 2. shall be adjudged void LI. If a Peer of the Realm happen to be indicted for any offence made treason or misprision of treason by this Act he shall be tried by his Peers LII This Act shall not abridge the jurisdiction of Ecclesiastical censures * LIII Stat. 27 El. 2. All Jesuits and Seminary Priests and other Ecclesiastical persons born within any of the Queen's Dominions and ordained or made such by the pretended jurisdiction of the See of Rome which come into or remain in any of the said Dominions shall be adjudged guilty of high Treason and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged felons without benefit of Clergie LIV. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six moneths after Proclamation made in London in that behalf return into this Realm and within two days after such return before the Bishop of the Diocess or two Justices of Peace of the County where they shall arrive submit themselves to the Queen and her Laws and take the Oath of Supremacie shall be also adjudged guilty of high Treason LV. They who give or send relief to any such Ecclesiastical person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire LVI These offences shall be heard and determined in the King's Bench or in any County where they shall be committed or the offender taken LVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three days after his arrival shall submit himself to some Arch-bishop Bishop or Justice of Peace of the County where he lands and there take the Oath of Supremacie and under his hand acknowledge to continue in due obedience to her Majestie 's Laws LVIII Here the trial of a Peer shall be by his Peers ☞ LIX If any person knowing a Jesuit or Priest to remain within any of the Queen's Dominions do not within twelve days discover the same to some Justice of Peace he or she shall make fine and suffer imprisonment during the Queen's pleasure and the Justice of Peace which doth not within 28 days after disclose it to some of the Privy Council or to the President or Vice-President of the Councils in the North or Marches of Wales shall forfeit 200 marks and such of those Councils unto whom such information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them LX. All Oaths Bonds and submissions as aforesaid shall within three moneths be certified into the Chancery by the parties before whom they are taken in pain of 100 l. LXI None having submitted as aforesaid shall within ten years after come within ten miles of the Court in pain to lose the benefit of his submission LXII Stat. 29 El. 6. All grants incumbrances or limitations of use made by any person not repairing to Church according to the Stat. of 23 El. 1. and which are revocable by the offender intended for his maintenance left at his disposition or in consideration whereof he or his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seizures for the same purpose ☞ LXIII Every conviction of any offence before mentioned shall be in the King's Bench or at the Assize or Gaol-delivery and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the Term then next following LXIV The Queen may seize all the goods and two third parts of the lands and leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay in to the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth for so long time as they shall forbear to come to Church according to the said Stat. of 23 Eliz. 1. LXV The indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realm LXVI When an indictment is found against such an offender Proclamation shall be made that he shall render himself into the Sheriff's hands before the next Assize or Gaol-delivery which if he do not that neglect shall be as sufficient a conviction as if upon the same indictment a trial by verdict had proceeded LXVII But here upon the offender's submission according to the said Stat. of 23 El. or death no forfeiture shall insue save onely the arrearages due at the time of such submission or death LXVIII The Lord Treasurer Chancellor and chief Baron or any two of them shall assign a third part of the forfeitures of 20 l. a month for the relief and maintenance of the poor houses of Correction and maimed souldiers LXIX This Act shall not extend to grants made bona fide nor to continue any seizure after the death of the offender in such lands wherein he had onely an estate for life or in the right of his wife * LXX Stat. 35 El. 1. If any above sixteen years of age shall be convicted to have absented themselves above a moneth
from Church without any lawfull cause impugned the Queen's authority in causes Ecclesiastical or frequented Conventicles or persuaded others so to do under pretence of exercise of Religion they shall be committed to prison and there remain untill they shall conform themselves and make such open submission as hereafter shall be prescribed And if within three moneths after such conviction they refuse to conform and submit themselves being thereunto required by a Justice of Peace they shall in open Assize or Sessions abjure the Realm ☞ and if such abjuration happen to be before Justices of Peace in Sessions they shall make certificate thereof at the next Assize or Gaol-delivery LXXI If such an offender refuse to abjure or going away accordingly doth return without the Queen's license he shall be adjudged a felon and shall not enjoy the benefit of Clergie but if before he be required to abjure he makes his submission the penalties aforesaid shall not be inflicted upon him LXXII The form of the Submission is as followeth I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawfull government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Statutes and Laws of this Realm and in using and frequenting disordered and unlawfull Conventicles and Assemblies under pretence of Exercise of Religion and I am heartily sorry for the same and do acknowledge and testifie in my conscience that no other person hath or ought to have any power or authority over her Majesty And I do promise and protest without any dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utmost endeavour to maintain and defend the same LXXIII The Minister of the Parish where the submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXIV The offender that after such submission falleth into a relapse shall take no benefit thereby LXXV The forfeitures of this Act and of 23 Eliz. 1. may be recovered by action of debt LXXVI The third part of the penalties which accrue by this Act shall be disposed as those of 29 El. 6. LXXVII A feme covert shall not be compelled to abjure but any other offender that abjures or being required refuseth so to do shall forfeit all his goods and his land during life Howbeit here shall be no corruption of bloud loss of Dower or disherison of heir * LXXVIII Stat. 35 El. 2. Popish Recusants above 16 years of age shall within 40 days after their conviction repair to their usual dwelling and not remove above 5 miles from thence in pain to forfeit all their goods and their lands and annuities during life ☞ And if they have no certain abode then are they to repair to the place where they were born or where their father or mother dwells and within 20 days after their arrival there to give their names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs is to certifie the same to the next Quarter-Session where the Justices of Peace shall cause them to be inrolled LXXIX A Copiholder shall in this case also forfeit his estate during life if his estate continue so long to the Lord of the Mannor if he be no Recusant convict nor seized or possessed in trust to the use of a Recusant for then the Queen shall have the forfeiture LXXX A Popish Recusant being no feme covert not having lands worth 20 marks per annum or goods worth 40 l. which within the time above limited doth not repair to the place of his abode or doth depart above five miles thence or within three moneths after his arrival there doth not make the submission hereafter following being required so to do by the Bishop a Justice of Peace or the Minister there shall before two Justices of Peace or the Coroner abjure the Kingdom which abjuration shall be by the said Justices or Coroner certified in at the next Assize or Gaol-delivery LXXXI If such Popish Recusant depart not the Realm within the time limited by the said Justices or Coroner or return without the Queen's license he shall be adjudged a felon without Clergie LXXXII A Jesuit or Priest refusing to answer shall be committed to prison and there remain till he will answer the questions whereupon he was before examined LXXXIII This Act shall not restrain a Recusant urged by process or summons without fraud to travel without the abovesaid limits so he return again in a convenient time neither him that is compelled to render his body to the Sheriff LXXXIV If such an offender before conviction upon a Sunday or some Festival day repair to Church and there hear Divine Service and before the Gospel make the Confession following he shall be discharged of the penalties inflicted by this Act. The Confession is this LXXXV I A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majestie 's godly and lawful government and authority by absenting my self from Church and from hearing Divine Service contrary to the godly Laws and Statutes of this Realm and I am heartily sorry for the same and do acknowledge and testifie in my conscience that the Bishop and See of Rome hath not nor ought to have any power or authority over her Majesty within any of her Majestie 's Realms or Dominions And I do promise and proceed without dissimulation that from henceforth I will from time to time obey and perform her Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and do my utter most endeavour to maintain and defend the same LXXXVI The Minister of the Parish where such submission is made shall presently enter the same in a Book and within ten days after certifie it to the Bishop of the Diocess LXXXVII The offender that after such submission falleth into a relapse shall take no benefit thereby LXXXVIII Every married woman shall be bound by this Act save onely by the clause of abjuration LXXXIX Stat. 1 Ja. 1. A Recognition that upon Queen Elizabeth's death the Crown of England and all the Kingdomes Dominions and rights belonging to the same did by lawfull birth-right and succession descend to King James XC Stat. 1 Ja. 1. All the aforesaid Statutes made in the time of Queen Elizabeth shall be duely put in execution against all such as do not conform themselves as aforesaid XCI Where the Ancestor dies a Recusant the heir being none or conforming himself and taking the Oath of Supremacie before the Arch-bishop or Bishop of the Diocess the land shall be freed from all penalties XCII If an heir within age after he shall have
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
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
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
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
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-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
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-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
the person die in a place where he or she dwelleth not their Mortuary shall be paid in the place where they had their most abode III. This Act shall not abridge spiritual persons to receive Lâ—gacies bequeathed unto them or to the Kings Altar IV. No Mortuaries shall be paid in Wales Calais or Bâ—wick or in any of their Marches save only in Wales and the Marches thereof where they have been accustomed to be paid and such as are there paid shall be regulated according to the Order prescribed by this Act. V. The Bishops of Bangor Lâ—ndaff S. Davids and S. Asaph and the Arch-Deacon of Chester shall take Mortuaries of the Priests within their jurisdiction as hath been accustomed notwithstanding this Act. VI. Less Mortuaries already setled by Custom shall not be increased by this Act and there also persons exempted by this Act shall not hereafter be chargeable ☞ Murder and Manslaughter I. Marlb 25. 52 H. 3. Murder shall not be adjudged where it is found misfortune only but where the party is slain by felony and not otherwise II. Stat. 3. H. 7.1 Pars inde Every Coroner upon view of the dead body shall inquire of the person that hath done the death or murder also of their abettors and consenters and who were present when it was done and the names of the persons so present and found shall inroll and certifie III. Here the offender and his accessaries being indicted shall be also arraigned at any time within the year at the Kings suit and the proceeding thereof shall not tarry for any appeal to be prosecuted within the year as hath been heretofore used IV. Albeit the principal or accessary be acquit within the year and day yet shall not the Justices suffer them to go at large but either remand them to prison or let them be bailed until the year and day be cut And whether they be attainted or acquit yet the wife or next heir of the slain may within the year and day the benefit of Clergy being not before had prosecute their appeal against them any such attainder or acquital notwithstanding V. The wife or heir may commence their appeal in proper person at any time within the year before the Sheriff and Coroners of the County where the offence was done or before the Justices of the Kings Bench or Goal-delivery And in any such case save only where Battel lieth the Appellant after the suit so commenced may appoint an Attorney to prosecute it VI. When one is slain in the day time and the murderer escapes untaken the Township that suffers it shall be amerced and the Coroner shall inquire thereof upon the view of the body dead ☞ VII Also Justices of Peace have power to inquire of Escapes and to certifie them into the Kings Bench And after the Felonies found the Coroners shall deliver their inquisitions before the Justices of the next Goal-delivery there who shall proceed against the murderers or else certifie such Inquisitions into the Kings Bench. VIII A Coroner shall not be remiss but duly execute his office according to Law in pain of 5 l. and shall have for his fee upon view of the body 13 s. 4 d. of the goods of the murtherer if he have any if not then out of such amerciaments as shall be set upon the Town-ship that suffered the murtherer to escape Musters vid. Captains and Souldiers I. Stat. 4. 5 P. M. 3. If any who shall be commanded to muster by any authorized thereunto doth absent himself having no lawful excuse or at such musters doth not bring with him his best Arms he shall suffer ten dayes imprisonment without bail to be imposed by the persons so authorized unless he will agree to pay 40 l. for a fine to the use of the King and Queen and the heirs and successors of the Queen which fine shall be estreated into the Exchequer by the said persons so authorized under their seals within 2 months after such agreement and afterward levied as fines assessed by Justices of Assize and Goal-delivery in their Circuits II. If any person authorized to muster or levy Souldiers shall exact or take any reward to discharge or spare any from the said service he shall forfeit ten times so much as he shall so exact or take III. A Captain or other Officer which after he shall have for a reward licenced a Souldier to depart doth not pay him his wages and coat and conduct money shall forfeit ten times so much as he shall so take and to the Souldier three times so much as he should have paid him IV. The one moity of the abovesaid forfeitures except that limited to the Souldier is given to the King and Queen and the other to the prosecutor ☞ V. Justices of Assize Justices of Peace and Stewards in Leets have power to hear and determine these offences and the Justices of Assize or Peace upon conviction of the offender may commit him to prison without bail until he hath satisfied the abovesaid penalties to the King Queen and prosecutor or where there is no prosecutor to the King and Queen alone VI. Offences committed during the time of service shall be heard and determined by the Chief Commander VII This Act shall not discharge service of war incident to the tenure of land VIII The offender of this Act shall not be twice punished for the same offence IX None shall under colour of service of war incident to the 〈◊〉 of land exact any other thing then what shall be imployed in present service and shall be restored again to the owner when the service is done at least so much thereof as shall not be spent or lost in the Service X. Inhabitants within Cities Burroughs and Corporations shall be mustered at home by the head-Officer and one other at least to be joyned with him by Commission or otherwise Newcastle upon Tine I. Stat. 9.5 H. 10. ALL Keels in the Port of Newcastle shall be measured by Commissioners thereto assigned by the King and marked of what Portage they are before any carriage of Coals be made by them in pain to forfeit them to the King II. Stat. 21. H. 8.18 No person shall ship load or unload any goods to be sold into or from any Ship at any place between the River of Tinâ— between the places called Sparhawk and Headwin-streams but only at the Town of Newcastle in pain to forfeit such goods which the Major Burgesses and Commonalty there shall have power to seize for the Kings use III. None shall raise or levy any Ware gore or engine in the Haven there betwixt the places aforesaid in pain of 100 l. to be divided betwixt the King and the prosecutor And the Major c. have power to take away all such Weers c. which shall be found betwixt the said places IV. This Act shall not extend to the buying shipping loading or unloading of salt or fish nor to the buying or selling of any Wares or Merchandize needful
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
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
in an infected house after commanded by a Justice or other Officer presume to come forth the Watch-men may resist him and if any hurt happen thereupon the Watch-men shall not be impeached therefore VII If any person having a sore upon him go abroad and converse in Company he shall suffer as a Felon but if he have no sore he shall be onely punished as a vagabond according to the Statute of 39 El. 4. which see in Vagabonds VIII No Attainder of Felony by vertue of this Act shall extend to corruption of blood or forfeiture of goods or lands IX It shall be lawful for the Justices of peace and Head-Officers to appoint searchers watch-men examiners keepers and buriers and to minister unto them Oaths for the due performance of their Offices and to give them other directions as in their discretion shall be thought fit X. Justices of peace or head-officers shall not by force of this Act meddle in the Universities Cathedral Churches or Colledges ☞ Playes and Games * I. Stat. 33 H. 8.9 Parents and Masters shall provide for each of their sons and male-servants betwixt the age of 7 and 17 a bow and two shafts and cause them to exercise shooting in pain of 6 s. 8 d. II. Sons and male-servants betwixt the ages of 17 and 60 shall be furnished with a Bow and two Arrows and practise shooting therewith in pain of 6 s. 8 d. III. None under the age of 24 years shall shoot at any standing mark except at rovers changing his mark every shoot in pain of 4 d. a shoot and none above that age shall shoot at any mark of 11 score distance or under in pain of 6 s. 8 d. a shoot IV. None under the age of 17 years shall shoot with a Bow of Ewe except his parents be worth 10 l. per annum in lands or 40 marks in goods in pain of 6 s. 8 d. V. The inhabitants of every Town shall continne their Buts in good repair in pain of 20 s. for every 5 moneths default VI. For every Bow made of Ewe the Bowyer not inhabiting London or the Suburbs thereof shall make four and the inhabitant there two Bows of other wood in pain to forfeit for every such Bow un-made 3 s. 4 d. VII Fletchers of London shall sell seasonable Timber to forreign Fletchers without prejudice VIII Artificers of Archery not freemen nor paying scot and lot shall remove their abode from London and the Suburbs thereof to what other place they shall be assigned by his Majesties Council the Lord Chancellor Treasurer Privy Seal or one of them in pain of 40 s. for every day they make their abode contrary to this Act. IX Aliens shall not convey Bows and Arrows out of the Realm without his Majesties license in pain of imprisonment without bail untill they shall make fine to the King to be set by at least two Justices in Sessions and give security for the same neither shall they use shooting in pain to forfeit their Bows and Arrows to be taken from them by any of the Kings Subjects X. Justices of Assise Goal-delisery and Peace in Sessions and Stewards in Leets shall hear and determine the breaches of this Act. XI The one Moitie of all these forfeitures is given to the prosecutor and the other where there is no Leet is given to the King and where there is a Leet to the Lord of that Leet XII None shall keep or maintain any house or place of unlawful Games in pain of 40 s. and none shall use or haunt such places in pain of 6 s. 8 d. XIII In every Placard to keep common Gaming the Games here to be used shall be inserted as also the persons who shall play thereat and every Placard otherwise granted shall be void The Grantee also of such a Placard shall be bound by Recognizance in the Chancery with good sureties not to use it contrary to the form thereof XIV It shall be lawful for Justices of Peace in every County and for Head officers in Corporations as well within the Liberties as without to enter and resort into all such houses and places where such unlawful Games are suspected to be used and as well the keepersthereof as the resorters thereunto to arrest and imprison untill they shall severally give good security at the discretion of the said Justices or Officer nor to keep such Games any more XV. Every Mayor Sheriff Bailiff Constable and other Head-officer within every City Burrough or Town shall make due search as aforesaid once every moneth at least in pain to forfeit 48 s. for every such default XVI No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Mariner Fishermen Water-men or Serving-man shall play at Tables Tenis Dice Cards Bowls Clash Coyting Logating or any other unlawful Game out of Christmas or then out of their Masters house or presence in pain of 20 s. And none shall play at Bowls in open places out of his Garden or Orchard in pain of 6 s. 8 d. XVII All informations or suits upon this Statute shall be prosecuted within one year and the forfeitures thereof which happen within a Leet or Liberty shall be divided betwixt the King and the Lord thereof and in all other places betwixt the King and the prosecutor XVIII Proclamation of this Act shall be made Quarterly in every Market Town as also at every Goal-delivery Assize and Session XIX This Act shall not restrain a servant by his Masters license to play at Cards Dice or Tables with the Master himself or other Gentlemen reforting to his masters house And if the Master hath free-hold of 100 l. per annum he may also license his servant to play at Bowls or Tenis XX. Stat. 2.3 P. M. 9. All Licenses to keep houses or places of unlawful Games shall be void XXI Stat. 16 Car. 2. ca. 5. If any person of what degree or quality soever after the 29th of Sept. 1664. shall by any fraud shift cousenage circumvention deceit or unlawful device or ill practice whatsoever in playing at or with Cards Dice Tables Tennis Bowls Kittles Shovel-beard or in or by Cock-fightings Horse-races Dog-matches or Foot-races or other Pastimes Game or Games whatsoever or in or by bearing a share or part in the stakes wagers or adventures or by betting on the sides or hands of such as do or shall play act ride or run as aforesaid win obtain o◠acquire to him or themselves or to any other or others any sum or sums of money or other valuable thing or things whatsoever every person so offending shall forfeit the treble value of the money or things so won gained obtained or required One moity to the King the other moity to the person grieved or who shall lose the fame so as such person prosecute within six months next after such play And in default of such prosecution then the same other moity to such other person as shall prosecute within one year next after
or Dockets of all things by him taken and subscribing his name thereunto shall deliver them to the Constables Head-boroughs or other Officers of the places where he takes the same things in pain for every such default to suffer one years imprisonment and forseit 100 marks to be divided betwixt the King and the prosecutor which said Dockets shall be by the said Officers delivered over to the Justices of peace at their next general Sessions and by them certified to the Lord Steward Treasurer or Comptroller of the King and Queens houses if such purveyance were for the house but if for the Navy then to the Treasurer or Comptroller of the Navy and all this to the end a true answer of the purveyors Commission may fully appear LVIII This Statute shall not give liberty to purveyors or their Deputies to execute their Office otherwise then is provided and expressed in other Statutes heretofore made upon the pains and penalties in the same former Statutes contained LIX Statutes made and provided for purveyors or Takers shall also extend to their Undertakers Deputies and servants LX. All Commissions of purveyance shall be written in English LXI Stat. 12 Car. 2. cap. 24. Purveyanacs for the Kings houshold and all carriages for purveyances and all sums of money or other things taken rated or paid in regard hereof or of any the children of any King or Queen of England and all constraint for providing Carriages for their goods without the owners free consent obtained without menace or enforcement be taken away and in recompence thereof and of the Courts of Wards taken away Rates of Excise given to the King LXII Stat. 13 Car. 2. cap. 8. The clause in the Act taking away purveyances being inconvenient in regard of the King or Queens Royal progresses It is Enacted That the Clerk or chief Officer of the Kings Carriages three dayes before the Kings Arrival by Warrant from the Green-Cloth shall give notice to two Justices of the peace adjoyning to provide Carts and Carriage for the Kings use expressing the time and place of attendance every carriage to consist of four horses or four Oxen and two horses for every which Carriage the owner to receive 6 d. for every mile going laden LXIII If any shall upon occasion refuse or neglect to provide Carriages accordingly for the King or Queen his or her houshold and be convicted by the Oath of the Constable other Officer or two Witnesses before any Justice of the Peace of the Countrey such person shall forfeit 40 s. to the Kings use to be levied by distress and sale of his goods Provided none be compelled to travel above one dayes Journey and upon ready payment at the place of lading LXIV If any Justice of the Peace or other Officer shall take any gift or reward to spare any or shall impress any other Carriage then directed from the Green-Cloth he shall forfeit 10 l. to be recovered in any the Kings Courts of Record And any person taking supon him to impress any horses or Carriages other then impowred he shall suffer the punishment in the recited Act. LXV The Kings servants shall not pay above 12 d. a night for a bed and 6 d. for a servants bed and where they pay for their diet and horsemeat beds shall be provided gratis LXVI Two Justices of the Peace near the Road after notice from the Green-Cloth or Avenor under their hands and seals shall set and proclaim the rates and prizes to be paid during the Kings stay for Hay and Oats and other accomodations for horses and rone shall take more upon pain of 40 s. to be levyed by warrant of the said Justices upon the Offendors goods LXVII This Act to continue untill the end of the first Session of the next Parliament and no longer LXVIII Stat. 14 Car. 2. cap. 20. The said clause of the Stat. 12 Car. 2. cap. 24. of setling a revenue upon the King in lieu and recompence for taking away the Court of Wards and Purveyance being recited It is notwithstanding Enacted LXIX That Carriages shall be provided for the use of the Kings Navy and Ordnance upon notice in writing by appointment of the Lord Admiral or two or more of the principal Officers or Commissioners of the Navy or Master or Lievtenant of the Ordinance directed to two Justices of the Peace near the place where the same are to be provided LXX The said two Justices of the Peace shall issue their Warrants to such adjacent Parishes Hundreds or Divisions as they shall think fit not above 12 miles distant from the place of lading The Owners to receive for every load of Timber 12 d. per mile and for every other provision 8 d. the mile per Tun from the place of lading LXXI The Lord Admiral or Officers above mentioned may likewise impress Ships Hoyes and Boats for the Carriages imployed for the Navy and Ordnance at the rates per Tun usually paid by Merchants and upon difference to be setled by the Brotherhood of Trinity-house of Debtford-strand LXXII If any the Kings subjects shall refuse or neglect to perform the service in carriage upon conviction as aforesaid for land-Carriages and for Water-carriages by the Oath of such persons as shall be appointed by the Lord Admiral or principal Officers aforesaid or two credible Witnesses shall for every such default of Land-Carriage forfeit 20 s. And for water-carriage treble the fraight of the ship or vessel to be levyed by the Justices of the Peace or other chief Officer of Corporations or from the principal Officers of the Navy aforesaid by distress and sale of the Offendors goods LXXIII Provided no person or carriage be forced to travel further or continue longer then by order of the said Justices of the Peace and ready payment at the place of lading LXXIV No Officer impowred shall take any gift or reward to spare any person nor none shall be charged injuriously of evil will no more then necessity of service shall require or then shall be commanded by the superiours upon forfeiture of 10 l. to the party grieved to be recovered by Action of debt and if any shall take upon him to press any horses or Carriage being not lawfully impowred to incur the penalty in the Act for taking away purveyances mentioned LXXV Proviso no ship or vessel fraighted by Charter-party if there be other vessels in the Port nor any vessel quarter-laden outward bound shall be lyable to be impressed LXXV Proviso to allow the Inhabitants of New-Forrest in the County of Southampton 4 d. per mile extraordinary going empty This Act to continue till the end of the first Session of the next Parliament and no longer Quakers * I. Stat. 13 14 Car. 2. cap. 1. IF any persons who maintain That the taking of an Oath in any case whatsoever though before a lawful Magistrate is unlawful and contrary to the Word of God shall wilfully refuse to take an Oath by the Laws of the land being duly
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
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
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
Justice of Peace as aforesaid LIII The Justices of Peace which are to have the controlment of the Sheriff and his Estreats shall be named at Michaelmas Sessions by the Custos Roâ—ulorum or in his absence by the eldest of the Quorum And the said Justices of Peace upon information of the party grieved may make out like process against the offenders as in Actions of Trespass LIV. Stat. 6. H. 8.18 The Under-Sheriff and all other Officers of Sheriffs may continue and execute their Offices within the County of the Town of Bristol from year to year in such sort as the like do in London without any forfeiture notwithstanding the Statutes of 42 E. 3.9 and 23 H. 6.8 LV. Stat. 35 H. 8.16 Every Sheriff his Under-Sheriff or Deputy shall at his day of prefixion in the Exchequer immediately after he is sworn to accompt make also oath to deliver into that Court Schedules conteining the particular sums of money which he hath levied or might have levied and as near as may be what persons or lands ought to be charged therewith and after such Schedules delivered cast and rated that Court shall have power to make him allowance of so much money as the Farms wherewith he is charged amount to more then the said particulars And for such parcels as they so amount to more the Court shall issue out process for the recovery thereof for the Kings use LVI Concerning sums respected to the Sheriffs upon their Petitions they shall from henceforth upon their oaths be discharged thereof and process shall issue out against the Debtors LVII Sheriffs upon their accompts shall have allowance for executing the Kings Writs and Summons levying of Estreats coming to the Exchequer to make the profers and view of their accompts and for expences at the Assizes Goal-deliveries Oyers and Terminers and the like so as the totall to all such allowances to all Sheriffs exceed not 342 l. 6 s. 8 d. LVIII Stat. 2 3. E. 6.4 The said Act of 34 H. 8.16 shall be clearly void to all intents and purposes other then such as are hereafter in this Act specified LIX All Sheriffs shall have such Tallyes of reward and other allowances as they had before the making of the Statute of 34 H. 8. 16. or also to be at their Election to accompt and all other things to do according to the said former Act And every Sheriff that so shall accompt and take no Tally of reward shall be intreated in the Exchequer in all things as if the said former Act were in force LX. Tallyes of reward without any warrant shall be striken as they were before the making of the said Act and shall be delivered to the Sheriff or his Atturney without any further charge LXI Sheriffs of Counties where no Tallyes of reward have used to be striker shall be allowed their expences upon Petition with a Bill thereof thereunto annexed being verified by the oath of the Sheriff his Under-sheriff or Atturney LXII Sheriffs who take no Tallyes of reward shall be discharged upon their accompts of all such Farms goods chattels profits casualties and sums of money as they cannot levy or come by And all other Sheriffs who take Tallyes of reward shall also be discharged of all such profits and sums as aforesaid except also of Vicountiels wherewith they shall be chargeable as they were before the making of the said former Act. LXIII Sheriffs also shall have allowance in their accompts of all such sums of mony as they shall make true Petition of for such possessions as are come to the Kings hands by unity of possession or otherwise out of which any part of such Vicentiels were leviable LXIV Provided that every Sheriff his Under-sheriff or Deputy shall at his day of prefixion in the Exchequer immediately after he is sworn to accompt make also oath to deliver into that Court Schedules containing the particular sums of money which he hath levied or might have levied and as near as may be what persons or lands ought to be charged therewith And after such Schedules delivered cast and rated that Court hath power to make him allowance of so much money as his charges amount to more then the said particulars And for such parcels as they so amount to the Court shall issue out process or take some other fit course for the recovery thereof to the Kings use And if they imploy any Commissioners to enquire after the same they shall allow them their reasonable costs and charges at their discretions LXV Stat. 2 3. E. 6.34 Sheriffs of Northumberland shall enter into Recogâ—â—â—ance to be accomptable for their office as other Sheriffs do in pain of 100 l. Howbeit they shall not be chargeable but onely for their own year LXVI Stat. 1. M. Par. 1. Sess 2. Cap. 8. No Sheriff shall be Justice of Peace during his Shrievalty notwithstanding the Statute of 1 E. 6.7 which see in discontinuance of Proâ—â—ss and all acts then done by him as Justice of Peace shall be void LXVII Stat. 8. El. 16. Whereas there hath been heretofore but one Sheriff chosen for each two of the Counties of Surrey and Sussex Essex and Hertfort Somerset and Dorsâ—t Warwick and Leicester Nottingham and Derby Oxon and Berks hereafter there shall be one Sheriff chosen for each of the said Counties who shall be accomptable and used in the order of his accompt and all other things and allowances in the Exchequer and in all other Courts and places as is used for Sheriffs in like places And the profers of the said Counties shall be forthwith severed by this said Court and the Officer thereof And also the Tallyes of reward divided accordingly LXVIII The Barons of the Exchequer calling to them the Officers of the Treasurers remembrance shall order the speedy payment of such Creation-money fees annuities and other sums of money as ought to be paid by the said Sheriffs LXIX Provided that the said Sheriffs shall pay for sees but the one half of what was formerly paid by them when they were Sheriffs of two Counties LXX Stat. 13. El. 22. The Statute of 8. El. 16. is made perpetual except for the Counties of Surrey and Sussex LXXI Stat. 27. El. 7. No Sheriff Coroner or other person having return of Writs shall return any Juror dwelling out of a Liberty without the true addition of the place of his abode at the time of such return or within a year before or some other addition by which the party returned may be known nor any Juror within a Liberty with other addition then shall be given him by the Bailiff thereof and his Deputy under his or their hand LXXII No Bailiff of a Liberty or his Deputy shall return any Juror or deliver to the Sheriff or his Deputy the names of any to be returned upon any Pannel or Jurie without their true addition under his or their hand of their abode at the time of such return and within one year before or some other
in pain to forfeit the same or the value thereof XXII Hoys and Plats may cross the Seas as far as Cane in Normandy or Eastward as far as Norway notwithstanding the Statute of 1 El. 13. XXIII All Cod and Ling shall be brought into this Realm loose and not in barrel in pain to forfeit the same or the value thereof XXIV No Wine of the growth of France or any Woad of Tholouse shall be imported into this Realm in any other vessell then English in pain to forfeit the same according to the Statute of 4 H. 7.10 Only into Wales Rochel Wines may be otherwise imported XXV Owners of Ships and all others using the trade of the Sea-fishing or otherwise and every Gunner and Ship-wright may take Apprentices to be bound for ten years or under by Indenâ—â—re to be inrolled in the same Corporation if the Master dwell in â—â—e but if not in the next XXVI So much of the Statutes of 5 6. E. 6.14 which see in Forestallers and of all other Statutes as concerts the buying of Sea-fish unsalted or mud-fish or any wine oil or salt to be brought in an English vessell to any Port within this Realm shall be void XXVII None shall eat flesh upon dayes usually observed as fish dayes in pain of 3 l. or three months imprisonment without bail And they that wittingly suffer any such offence to be done in their house and do not discover it to an Officer that may punish it shall forfeit 40 s. XXVIII These forfeitures shall be divided into three parts whereof the Queen shall have one the poor of the Parish another and the informer the third XXIX Notwithstanding this Act licenses may be granted upon just causes on these conditions following v z. To a Peer or his Lady if he pay yearly for it to the poor of the Parish where he dwells 26 s. 8 d. To a Knight or his Lady if he pay 13 s. 4 d. and to any other infâ—râ—our person if he pay 6 s. 8 d. But here no license shall extend to the eating of Beef at any time or to the eating of Veal betwixt Michaelmas and May-day XXX The Minister of the Parish may grant a license to a sick person during the time of his sickness and if the sickness continue above eight dayes he shall in the presence of one of the Churchwardens register the same and have 4 d. for the registring of it But here if he grant the license without just cause he shall forfeit 5. Marks XXXI Wines shall be sold by retail at such prizes as shall be limited by the Queens Proclamation with the assent of such Lords and others as by the Statute of 18 H. 8.14 which see in Wines are authorized to set price on Wines in gross XXXII The Statute of 28 H. 6.19 which see in Captains ordained against souldiers shall extend to Mariners and Gunners XXXIII These offences shall be heard and determined as followeth viz. being committed upon the main Sea without the limits of the Cinque Ports by the Lord Admiral his Lievtenant or Deputies or by Justices of Oyer and Terminer according to the Statute of 28 H. 8.15 which see in Tryal but if without any Port and yet within the Jurisdiction of any of the Cinque Ports then by the Lord Warden of the Cinque Ports or his substitute or by Justices of Oyer and Terminer according to the Statute of 28 H. 8. Oâ—â—f in a Port or elswhere upon the main land then the Justices of Peace or other chief Officers in Sessions within their several Jurisdictions And here the tryal may be by the oaths of twelve men or otherwise by information And for levying the said forfeitures the said Officers and Justices may issue out Process at their discretion XXXIV The time limited for the prosecution of this Action is for a Subject six months and for the Queen a whole year XXXV Every such person licensed to eat flesh as aforesaid except for sickness age or other impediment shall have at his Table for every dish of flesh one dish of fish upon like pain as for eating flesh upon Fishdayes XXXVI If any shall by Preaching or otherwise avouch or notisy that any eating of flesh or forbearing of flesh is necessary for the saving of the soul or the service of God otherwise then as other politick Laws be shall be punished as a spreader of false news which see in News XXXVII Fishermen or Mariners shall not be compellable to serve as souldiers otherwise then as Mariners unless for some special exploit or to withstand an Invasion or subdue a Rebellion or bound so to do by tenure custome or covenant XXXVIII The Liberties and Rights of others are saved XXXIX Provided that no Fishermen using the Sea shall be taken by the Queens Commission to serve as a Mariner at Sea unless the said Commission be first brought by the Queens Taker to the two next Justices of Peace to the end they may choose and return such sufficient number of able men as in the same Commission shall be contained XL. The Liberties of the Cinque Ports and great Yarmouth are saved other then for buying of strangers and taking of toll as the same are before prohibited XLI This act shall not prejudice the authority or jurisdiction of the Lord Warden of the Cinque Ports XLII Wine may be imported into the Isle of Man and Chepstow in strangers bottoms not exceeding an hundred Tunn in one year in each of them notwithstanding this Act. The like may also be done in all other Ports of Wales besides the Rochel-Wines before permitted so as the quantity exceed not an hundred Tun in one year as before XLIII The Queens duties for the three hundred Tun mentioned in the last clause are saved XLIV The â—ord Admiral or his substitutes shall have no greater authority then they had before this Act save only for punishment of offences as aforesaid XLV Stat. 8 El. 3. None shall transport Sheep beyond Sea in pain to forfeit all his goods to suffer one years imprisonment and to have his hand cut off in some open Market and for the second offence to suffer death as a Felon XLVI This Act shall not extend to corruption of bloud or forfeiture of Dower XLVII Justices of Goal-delivery and of Peace have power to hear and determine this offence XLVIII The aforesaid goods forfeited shall be divided betwixt the Queen and the Prosecutor XLIX Stat. 13 El. 11. So much of the Statute of 5 El. 5. as concerns the transporting of Herring and Sea-fish by the Subjects born and for not paying of Custome for the same shall be revived so as it be ' n vessels with cross sails L. No vessel called Catch Mongers or Picard shall upon the coasts of Norfolk and Suffolk between the 14 of September and the 14 of November from Sun-setting to Sun-rising anchor upon the Main Sea or in the trade of fishing in pain to forfeit their vessel or the value thereof
III. Stat. 9 R. 2.2 Because divers Villeins and Neifs did fly to London and other enfranchised places and there did feign divers suits against their Lords with intent to make themselves free by their Lords answers it was ordained that from henceforth no Lord should be barred of his Villein because of his answer in Law Union and severing of Churches I. Stat. 37 H. 8.21 An Union or Consolidation of two Churches in one or of a Church and a Chappel in one the one of them not being above the yearly value of 6 l. in the Kings books nor distant from the other above a mile may be had and made by the assent of the Ordinary the Incumbents and all such as have a just right title and interest to the Patronages thereof being of full age And all such Union and Consolidation shall remain as good in Law as if it had been so declared by writing under the seals of such Ordinary Incumbents and Patrons II. All such Unions heretofore made are confirmed Howbeit the Kings tenths and First-Fruits of such Churches and Chappels already or hereafter to be so consolidated are saved III. Such consolidations shall not be in Corporate Towns without the consent of the Magistrates thereof declared in writing under their Common Seal IV. Provided that where the Inhabitants of any such Parish or the more part of them within a year after such Union by their writing sufficient in Law shall assure the Incumbent there and his successors so much money yearly which together with the value thereof in the Kings books shall amount to 8 l. that then such union shall be void Howbeit this proviso shall not extend to any such Union made before this Statute V. Stat. 1 E. 6.9 An Act for uniting certain Churches in York with divers clauses concerning that matter VI. Stat. 1 M. Parl. 1.14 An Act for re-edifying the Church of St. Ellens in Stangate in York which was demolished by the former Statute See these Statutes at large Universities I. Stat. 2 3 P. M. 15. No Purveyor Taker Badger Loader or other Minister shall take or Bargain for any Victual or Grain in the Markets of Oxford or Cambridg or in any part of the said City and Town or within five miles compass of either of them without the consent of the owner nor shall take away or bargain for any such commodity bought or provided within the said five miles by any common Minister of any Colledg or Hall there to be spent in such Colledg or Hall in pain to forfeit the quadruple value thereof and to suffer three Monthes imprisonment without bail II. The Chancellor or Vice-Chancellor or his Commissary in either of the said Universities with two Justices of Peace of the County adjacent have power to inquire hear and determine the said offences III. The forfeitures shall be divided betwixt the University where such offence is committed and the prosecutor and may be recovered in any Court of Record or before the said Chancellor Vice-Chancellor or Commissary and two Justices IV. This Act shall be suspended during the Queens presence her Heirs and Successors or within seven miles distance therefrom V. The Liberties of the Mayors Bailiffs and Communalties of Oxford and Cambridg are saved * VII Stat. 13 El. 21. No Purveyor Taker Badger Loader Poulterer or other Minister of the Queen her heirs and successors shall take or Bargain for any grain or other victual in either of the said Universities nor within the compass of five miles from either of them without licence of either of the said Chancellors or Vice-Chancellors in writing under the seal of their Office and not otherwise then as in the said licence is expressed and so as the same give unto them no further power then they may lawfully use in other parts of the Countrey without the said five miles neither shall they take away or bargain for any such commodity bought and provided for any Colledg or Hall to be spent within the same without such licence as aforesaid upon such pains and forfeitures as by the Statute of 2 3 P. M. 15. are ordained and to like uses as are therein limited VII The said Chancellors or Vice-Chancellors with two Justices of Peace of the Universities City Town or County shall inquire hear and determine the said offences as by the Statute of 2.3 P. M. is appointed VIII If any person within the said five miles refuse to serve the Universities then it shall be lawful for the Queens Purveyors to provide for the Queens use any corn or victual of any such person within the said five miles as shall be declared to the said Purveyors to be persons not worthy of the said priviledge for not serving the Universities by the Chancellor or Vice-Chancellor with the consent of two such Justices as aforesaid under the hands and seals of the said Chancellor or Vice-Chancellor and two Justices in such sort as the said Purveyors lawfully may in any other place without the said five miles and not otherwise IX This Act shall be in suspence during the Queens presence there or within seven miles distance X. The Liberties of the Majors Bailiffs and Communalties of Oxford and Cambridge are saved Voucher I. Marlbr 29. 52 H. 3. None vouched to Warranty before Justices in Eyre in plea of land shall be amerced because he was not present when he was vouched except it be the first day of the comming of the Justices but if the party be within the County the Sheriff shall cause him to come in within three or four dayes and if out of the County he shall have summons of 15 dayes at least II. West 1.39 3. E. 1. In Writs of Possession as Mortdancester Cosinage Ayel nuper obiit intrusion or the like whereby land is demanded which ought to descend revert remain or Escheat by the death of any Ancestor or otherwise if the tenant vouch to Warranty and the demandant will counter-plead him and aver by assize or by the Countrey as the Court shall award that the tenant or his Ancestor whose heir he is was the first that entred after the death of him of whose seisin he demandeth this averment shall be received if the tenant will abide thereupon but if not he shall be compelled to another answer unless he have his Warrantor present who will immediately enter into the Warranty And then also the demandant may have the like exception against the Vouchee as he had against â—he first tenant III. In a Writ of Entry in the degrees none shall vouch out of the line IV. In Writs of right and of possession as before it is also a good counter-plea that neither the Vouchee nor his Ancestors had ever seisin of the land or any thing in the services by the hand of the tenant or his ancestors from the time of the seisin whereof the demandant declares until the Writ purchased so that he might a feofment make to the tenant or his ancestors and this averment of the
and mixt attaints conspiracies Assizes Quare Impedits appeals of murder and felony and all actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal actions as debt detinue trespass account and the like amounting to the sum of 40 s. or above shall be sued by such Writs original or by bills at the election of the Plaintiff as is used in North Wales LXXX All personal actions under the sum of 40 shillings may be sued by original Bill as is also used in North Wales sealed by the judicial seal remaining in the custody of the Justice LXXXI The Fee for sealing every original Writ upon the causes aforesaid and for every Bill in Actions personal when the debt and damages amount to 40 s. or above is six pence and for every judicial process sued upon any such original Writ or bill seven pence whereof the King shall have six pence and the Justice one penny And for every bill in personal actions when the debt and damages amount not to forty shillings and for every judicial process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXXII All Writs of Scire facias and writs of Good Abearing or for the Peace or writs of Supersedeas upon the same and all other process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay seven pence whereof the King is to have six pence and the Justice 1 d. LXXXIII Every exemplification upon any Record shall be Sealed by the Judicial Seal for which the Plaintiff shall pay 20 pence whereof the King is to have 16 pence and the Justice four pence LXXXIV Recoveries and Fines Concords and Warrants of Attorney for the same may be taken before the said Justices of lands tenements and hereditaments within their authority by force of his general Commission without any dedimus as is used before the Chief Justice of the Common-Pleas LXXXV All fines levied before any of the Justices with Proclamation made the same Sessions it shall be engrossed and in two other great Sessions then next following shall be of the same force as Fines levyed with Proclamations before the Justices of the Common-Pleas LXXXVI Every person suing Writs of Entry in the Post or Writs of Covenant or any other Writs for any recovery to be had by assent or otherwise or for any fine to be levied shall pay fines to the Kings use for the same as well fines pro licentia concordandi as all other fines as is used in Chancery or elswhere in the Kings Courts of England which fines shall be paid to such persons as shall Seal the Original Writs for that purpose who shall accompt for the same as they do for the profits of the said Original Seal LXXXVII Also the Kings silver upon every such fine shall be paid as is used in the Common-Pleas of England viz. 2 s. and shall be received by the Justice before whom such fine is levied whereof the King shall have 16 d. the Prothonotary for entring it 2 d. and the Justice the rest who shall accompt for the Kings profit as he doth for the profits of the Judicial Seal LXXXVIII The four said Justices shall have each of them a Prothonotary to attend upon them for the entring of all Pleas Process and matters of Record in Sessions to be holden before the said Justices LXXXIX There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do which Officers shall attend upon the said Justices in their Circuits in proper person and not by Deputy XC The Marshall shall have upon every judgment and every fine 4 d. and the Cryer 1 d. and the like fees shall be paid upon the acquittal of felons and of such as be delivered by Proclamation or out of common mainprise XCI Here also are set down the fees that the Prothonotaries shall take for Writs Entries Judgments c. for which see the Statute at large XCII The King shall have all fines issues amerciaments and recognizances forfeited which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit that process may be awarded to the Sheriff to levy them for the Kings use which Sheriffs shall yearly accompt before the Kings Auditors to be thereunto assigned XCIII Besides the President Council and Justices aforesaid there shall be Justices of Peace and Quorum and also one Custos Râ—tulorum in every of the said 12 Counties who shall be appointed by the Chancellor of England by Commission under the Great Seal with the advice of the President Council and Justices aforesaid or three of them whereof the President to be one XCIV There shall not be more then 8 Justices of Peace in any of the said 12 Shires besides the President Council and Justices aforesaid and the Kings Attorney and Sollicitor all which persons shall be also put in every such Commission XCV These Justices of Peace shall be of good name and fame and may exercise their Office albeit they have not 20 l. per annum or be not learned in the Law but before they shall execute their Commission they shall take such Oath as Justices of Peace in England use to take before the Chancellor of England or else before the President or one of the same Justices of Wales by dedimus or before some other to be appointed by the Lord Chancellor for the purpose XCVI The said Justices of Peace or two of them at least 1. Qu. shall keep their Sessions four times in the year and at other times also upon urgent cases as Justices of Peace in England use to do for which they shall also have such allowances for themselves and their Clerks as the Justices in England have XCVII Here the fee for a Warrant of the peace or good abearing is 6 d. for entring of pledges to pay the King a fine upon an indictment 9 d. and if it be with protestation 12 d. for a supersedeas 8 d. and for a recognizance 12 d. XCVIII These Justices of Peace shall certify Recognizances taken before any of them for the Peace and good abearing into the next Sessions but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them upon such penalties as be therefore ordained XCIX All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least 1. Qu. and shall be duly set without partiality C. All such fines and amerciaments as also all issues lost forfeited recognizances and other forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that limit to the end that processes may
be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accompts for the fees of the Justices and Clerks of the Peace as is used in England CI. The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able persons in every of the said twelve Shires to be Sheriffs thereof and shall certify their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriff shall have their Pattents under the Great Seal of England and shall make oath and acknowledg recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just accompt before the Kings Auditors assigned for Wales CII The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and Precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly accompt to the Auditor or Auditors assigned by the King for VVales and shall each of them have yearly for his fee 5 l. CIII All Officers and other persons in VVales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and process from any of them directed and all lawfull and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices CIV Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledg Recognizances before the President or one of the Justices by a Dedimus for the due execution of their Offices and for their true account before the Kings Auditor or Auditors to be assigned for that purpose which oath and recognizance shall be agreeable to those used for Escheators in England CV Such Escheators shall yearly have their Pattents under the Great Seal and shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum free-hold and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales CVI. There shall be also two Coroners elected for each of the said 12 Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester ☞ CVII The Justices of Peace or two of them 1. Qu. shall appoint in every hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England CVIII The Sheriff shall have a Goal in a place of the Castle of the Shire-town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailâ—ffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CIX Sheriffs shall keep their Counties Monthly and their Hundred-Courts for pleas under 40 s. and shall take for entring of plaints process pleas and judgments there as is used in England and not above Also all tryals in such Courts or before Stewards in Court Barons shall be by Wager of Law or verdict of six men at the election of the party Plaintiff or Defendant that pleads the plea. CX Sheriffs shall hold their Turns yearly after Easter and Michaelmas as is used in England CXI The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turnes to his own use and the Sheriff shall account for the same accordingly having been first affered by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so affered in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CXII Certain fees which the Sheriff is to have for the return and execution of divers writs For which see the Statute at large CXIII Every Sheriff within this limit may put suspitious persons under common main-prise according to the Statute of 37 H. 8.26 which see before binding them with two sufficient Sureties by recognizance to appear before the Justices at the next great Sessions and shall then also certify the names of the parties so bound without concealment CXIV The Sheriffs fee for taking such common main-prise is 2 d. but he shall take no fee for the return of any writ of execution unless he return the same executed CXV The fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CXVI None for murder or felony shall be put to his fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CXVII The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CXVIII Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXIX If any forreign plea or voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole record unto the Justice that sent it who thereupon shall proceed to Judgment as
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
the Chancery in one case a Writ is found and in another case falling under like law and requiring like remedy there is found none the Clerks of the Chancery shall agree in making the Writ or the Plaintiffs may adjourn it untill the next Parliament and then the cases being written in which they cannot agree let them refer themselves to the next Parliament where by the consent of men learned in the Law a Writ shall be framed lest the Kings Court should fail to administer Justice to complainants II. West 2.49 13 E. 1. Pars inde Where the Law faileth lest Suitors should depart from the Kings Court without remedy Writs shall be provided in their cases III. Stat. 6 R. 2. Stat. 1.2 If in Writs of debt accompt and the like it shall be declared that the contract thereof was made in another County then is contained in the original Writ such Writ shall be abated Vid. Title Arrests Numb 4. Yarn I. Stat. â— H. 6.23 NOne shall export any Thrums or Woollen Yarn under colour of Thrums in pain to forfeit the double value thereof York I. Stat. 29 H. 6.3 All Letters Parents granted to Citizens of York to be exempt of the offices of Mayoralty Sherifwick Chamberlain Collector of Dismes and Quinzims and Citizen for the Parliament shall be void and the Citizen who purchaseth or taketh such exemption shall forfeit 40 l. to the King and Mayor and Citizens of York II. Stat. 34 35 H. 8.10 An Act for making of Coverlets within York and none shall be made to be put to sale in Yorkshire but onely in the Town of York together with divers other good provisions touching that subject For which see the Statute at large The New ACTS lately made at Oxon. Anno 17º Caroli Secundi Regis Abridged and here added by way of APPENDIX Non-conformists I. Stat. 17 Car. 2. Cap. 1. apud Oxon. ENacted That all Parsons Vicars Curates Lecturers and other persons in or pretending to serve in Holy Orders and all Stipendaries or other persons who have been possessed of any Ecclesiastical or Spiritual Promotion and who have not declared their assent and subscribed the Declaration mentioned in the ACT of 14 Car. 2. For Uniformity of Publique Prayers c. And shall not take and subscribe the Oath following I A. B. Do swear That it is not lawfull upon any pretence what soever to take up Arms against the King And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any alteration of Government either in Church or State II. And all such persons who shall take upon them to preach in any unlawful assembly conventicle or meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom shall not at any time after the 24th of March 1665 unless in passing upon the Road come or be within five miles of any City or Town Corporate or Borough that sends Burgesses to the Parliament within England Wales or Town of Berwick upon Tweed or within five miles of any Parish Town or Place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom before he or they have taken and subscribed the said Oath before the Justices of the Peace at their quarter-Quarter-Sessions to be holden at the Division next to the Corporat on City or Borough Parish Place or Town in open Court which the said Justices are impowred to administer upon forfeiture for every such offence the sum of forty pounds one third thereof to his Majesty and his Successors the other third part to the poor of the Parish where the offence is committed the other third part to the person that will sue for the fame by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Justices of Assize Oâ—er and Terminer or Goal Delivery Justices of the Counties Palatine of Chester Laâ—caster or Durham Great Sessions in Wales or Justices of the Peace in their quarter-Quarter-Sessions no Essoin Protection or Wager of Law to be allowed III. It shall not be lawfull for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or Place as aforesaid or for any other person or persons as shall not first take and subscribe the said oath and as shall not frequent Divine Service established by the Law of this Kingdom and carry him or her self reverently there to teach any publique or private School or take any Boarders or Tablers to be taught or instructed by him or her self or any other upon pain of forty pounds for every offence to be recovered and distributed as aforesaid IV. Any two Justices of the Peace in the respective County upon oath to them of any offence against this Act which oath they are impowred to administer may commit the offender for six moneths without Bail unless before such Commitment he shall before the said Justices of the Peace swear and subscribe the said Oath and Declaration Provided That appearance to any Subpoena Warrant or Process whereby persoâ—al appearance is required shall not be construed an offence within this Act. Churches and Chappell 's I. An Act for uniting Churches and Chappels in Towns Corporate See 27 Car. 2. Cap. 3. Apud Oxon. Books and Printing I. Stat. 17 Car. 2. Cap. 4. apud Oxon. The Act for preventing abuses in Printing Seditions Treasonable and unlicensed Pamphlets and for regulating Printing continued in force untill the end of the first Session of the next Parliament II. And further That after the 26. of September 1665. every Printer within London or any other places except the two Universities shall reserve three printed Copies of the best and largest Paper of every Book new printed or reprinted with additions and shall before any publique sale of the said Book bring them to the Master of the Company of Stationers and deliver them to him one whereof shall within ten dayes after be delivered to the Keeper of his Majesties Library and the other two within the said ten dayes to be sent to the Vice-Chancellors of the Two Universities respectively for the use of their publique Libraries III. And the Printers in the said Universities respectively after the said 26th of December shall deliver one such printed Copy as aforesaid so new printed or reprinted in the said Universities to the Keeper of the Kings Library as aforesaid as also to the Vice-Chancellors of either of the said Universities for the time being two other such printed Copies for their publique respective Libraries And for default of so doing by the Printer or Master of the Company of Stationers
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
Commissioners for paving and mending the streets who are enabled to call the Commissioners for Hackney-coaches to accompt for the same VI. All Fines Rents Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress by Warrant under the hands and seals of any 5 of the Commissioners and for want of distress by Imprisonment of the persons untill satisfaction Coals I. Stat. 16 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals brought into the River of Thames and sold shall be sold by the chaldron containing 36 bushells heaped and according to the bushell sealed for that purpose at Guild-hall London and so proportionably II. All other Coals commonly sold by weight after 112 pound to the hundred upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals and the double value thereof to be recovered in any Court of Record or by complaint to the Lord Mayor of London and Justices of the Peace within the City and liberties or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale who upon due pro of upon oath may convict the offenders and give Warrant under their hands and seals for levying the forfeitures one half to the person complaining the other half for the poor or repairing high-ways within the same parish or any other adjoyning parish by their direction or Warrant III. The said Lord Mayor and Court of Aldermen of London and Justices of Peace in their several Counties or any 3 of them whereof one of the Quorum may set rates or prices upon such Coals to be sold by retail allowing competent clear profit to the retailer IV. If any ingrosser or retailer refuse to sell as aforesaid they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored and if refused taking a Constable force entrance and sell the said Coals at such rates rendring the money to the ingrosser or retailer necessary charges deducted This Act to continue 3 years next and to the end of the next session of Parliament and no longer V. Provided no person be sued upon any other Act for the same offence and that the general issue may be pleaded by the defendant to any action upon this Act and upon verdict for the def or that the plaintiff be nonsuit to have dammages and double costs VI. Provided that no person having any interest in any Wharf used for receiving or uttering Coals or trading by himself or in any others name in engrossing or selling Coals shall intermeddle in setting the prices thereof Collectors I. Stat. 18 H. 6.5 None appointed to be a Collector of a fifteen in a City or Borough shall be also Collector in the same County unless he may dispend in the County out of such City in lands 5 l per annum above all reprises II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money and their assistants and deputies Commission and Commissioners I. Stat. 42 E. 3.4 Commissions of Inquiries shall be made to the Justices of the one Bench or the other Justices of Assize Justices of Peace with others of the most worthy in the Countrey save in the Office of the Escheatorship II. Stat. 4. H. 4.9 If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands the Chancellor of England calling to him some of the Justices and the chief Baron if need be hath power to give remedy therein III. Stat. 7 H. 4.11 Commissioners not receiving a Commission shall be discharged thereof upon oath IV. The Barons of the Exchequer have power to administer the oath and to discharge them thereupon V. The Barons of the Exchequer and the Justices of either Bench have also power by Dedimus potestatem to receive such oaths in the Country and the Justices shall make certificate thereof into the Exchequer and thereupon also the Barons shall discharge the Commissioners their heirs executors and land-tenants VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer and of inquiry and certifying onely Common Pleas. I. Magna Charta 11. 9 H. 3. Common Pleas shall not follow the Court but shall be holden in some place certain II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer contrary to the form of the Greâ— Charter Common Prayer See Religion Conditions I. Stat. 32 H. 8.34 Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands as fully as the Lessors their heirs or successors might have done II. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their lessors or grantors their heirs or successors all advantage of recoveries in value by reason of any warranty in Deed or Law by Voucher or otherwise onely excepted Confirmation I. Marlbr 5. 52 H. 3. The Great Charter and that of the Forest shall be duely observed and inquired of before the Justices in Eyre and the Sheriffs in their Counties and the offenders shall be grievously punished by the King II. Stat. 25 E. 1. cap. 1 2 3 4. The Great Charters are confirmed judgments given against them shall be void they shall be read in all Cathedral Churcheâ—â— and Excommunication shall be pronounced against the breakers of them III. Artic. super Chart. 1. 28 E. 1. The Great Charter and that also of the Forest shall be duly observed IV. They shall be read four times in the year in a full County-Court viz. at the Counties after Mich. Christm Easter and St. John Baptist V. There shall be three Knights or other substantial men chosen by the Commonalty in every County to hear plaints concerning the Charters and to determine them without such delay as is used at the Common Law but they shall not in their proceeding prejudice the Common Law or the Charters VI. They shall have their power by the King 's Writ under the Great Seal and the Sheriffs and Bailiffs shall be attendant upon them VII Stat 1 E. 3.1 The Great Charter and that of the Forest shall be duly kept and put in execution See Ann. 2.4.5.10.14 28.31.36.37.42 45 E. 3. cap. 1. 50 E. 3. cap. 2. and Ann. 1.2 Stat. 2.5.6 Stat. 1. cap. 1.7 cap. 2.8 12 R. 2. cap. 1. also Ann. 1.2.4.7.9 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1. VIII Stat. 10 E. 3.1 All Statutes not repealed shall be kept and put in execution See also 28.36.37 38 E. 3. cap. 1. and 1.2 Stat. 2.35.6 cap. 1.7 cap. 2.8.9 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9 13. 4 H. 5. cap. 1. IX Stat. 42 E. 3. If any Statute be made contrary to Magna Charta or Charta de Foresta it
be tried by triers to be hereafter appointed by this Act. XLIX There shall be appointed six triers of insufficient leather and leather-wares which shall be seized within the said jurisdiction of London and when any such leather or wares are seized within any other jurisdiction the chief Officer or Lord of the Liberty or his Deputy shall cause triall thereof to be made by the oath of six honest men upon some Market-day and within fifteen dayes after such seisure made L. The Lord Mayor of London and the head Officer and Lord or Deputy aforesaid shall appoint triers in their several jurisdictions in pain of 5 l. to be divided betwixt the King and the prosecutor and these triers shall do their duties in that Office without delay in pain to forfeit for every default 5 l. LI. Four of the triers in London shall be yearly changed and other four placed in their rooms and none shall continue in that Office there above two years and if any happen to be trier two years together he shall not be chosen again within three years after in pain to forfeit for every moneth he continues otherwise in that Office 10 l. LII No searcher or sealer of leather shall refuse within convenient time to do his office or allow any wares which are sufficient in pain of 40 s. and shall not take bribes or exact more then due fees in pain of 20 l. nor being lawfully elected shall refuse the office in pain of 10 l. LIII All red tanned leather which shall be brought within the aforesaid jurisdiction of London shall be carried to Leaden-hall before it be housed and there searched sealed and registred by the Officers aforesaid for which if it were sealed before out of the said jurisdiction they shall take half fees onely LIV. None shall sell any tanned leather within the aforesaid jurisdiction of London before the Officers there have searched and sealed it in pain to forfeit the same or the value thereof LV. None shall withstand the searchers and sealers in the due execution of their Office nor the seizing of insufficient wares in pain of 5 l. LVI The abovesaid searchers and sealers shall register all tanned leather sold in Fairs or Markets together with the prices thereof and the names and dwelling-places of the buyer and seller being thereunto required by the said buyer and seller taking as well of the buyer as the seller 2 d. for every ten hides backs or buts of leather and 2 d. for every six dozen of Calf-skins or Sheep-skins and no more LVII None shall sell any tanned leather red and unwrought before it be registred in pain to forfeit the value thereof LVIII None shall buy any tanned leather before it be searched and sealed nor carry it out of the Fair or Market before it be registred in pain to forfeit the same or the value thereof LIX The Currier within the jurisdiction of London aforesaid which currieth not his leather sufficiently and every other Artificer there using tanned and curried leather which putteth into his wares leather insufficiently tanned or curried shall forfeit for every such default the said wares and the just value thereof LX. No such Artificer shall fell any wares but in open Shop Fair or Market where due search may be made in pain to forfeit the wares otherwise sold and besides ten shillings for every such offence LXI Here the summes of money aforesaid forfeited shall be divided into three parts whereof the King is to have one the prosecutor another and the City Corporation or Lord of the Liberty the third LXII The value of the wares forfeited within the jurisdiction of London after praisement shall also be divided into three parts whereof one shall be given to the seisor another to the Chamber of London and the third to the poor And in all other places one third part to charitable uses another to the Head-Officer or Lord of the Liberty and the third to the seisor or seisors for his or their pains LXIII None shall buy any forfeited wares to sell them again in pain to forfeit for every parcell thereof 3 s. 4 d. LXIV This Act shall not prejudice the authority of the Universities so that their Officers observe the provision of this Act under the penalties therein contained LXV The Hides or Skins of Oxe Steer Bull Cow Calf Deer Goats and Sheep being tanned or tawed and salt Hides are reputed Leather within the letter of this Statute ☞ LXVI Justices of Assize or Gaol-delivery and of Peace Stewards of Leets the Mayor of London and Head-Officers within their several Precincts have power to hear and determine these offences LXVII The King's Steward of a Leet or Liberty shall have the the same authority and be subject to the same penalties that a Lord of a Leet hath and is subject to LXVIII It shall be lawfull for all Artificers save onely Shoemakers between September and the twentieth of April to use dry curried and frised leather being well tanned according to this Act. LXIX This Act shall not extend to Wales LXX If any Customer or other such Officer having notice of the transporting of any leather do not use his best endeavor to seize it or being transported do not disclose it within fourty days he shall forfeit for the first default 100 l. and for the second lose his place And every such Officer for making a false certificate of the arrivall of any leather shall also forfeit 100 l. LXXI This Act shall not extend to Scotch Hides brought to Barwick LXXII Licenses to dispense with the offences prohibited by this Act shall be void LXXIII Stat. 4 Jac. 6. There shall be no penalty for housing buying or selling Sheep-skins unsealed LXXIV None shall sell tanned leather by weight in pain to forfeit the same or the value thereof to be divided betwen the King and the prosecutor See Title Leather ☞ Corn and Grain â—â— Stat. 5 Eliz. 12. None but a married man and housholder of the age of 30 years at least shall take upon him to be a Badger Lader Kidder Carrier Buyer or Transporter of Corn or Grain Butter and Cheese neither he without licence in open Sess of the County where he hath dwelt by the space of three years before under the hands and seal of at least three Justices 1. Qu. in pain of 5 l. which licence shall remain in force for one year onely from the date thereof and all licenses otherwise granted shall be void ☞ II. The Justices of Peace in Sessions shall at their discretions take recognisances of Badgers c. that they shall not forestall or ingross or put in practice any Act contrary to 5 and 6 E. 6.14 III. The Clerk of the Peace shall write and enter the license and recognisance and his fees shall be viz. for writing the license 12 d. for writing the recognisance 8 d. and for entring them both into a Register-book 4 d. which Book he shall bring to every Sessions IV. This
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
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his arms together with his horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects doe And here the Recusant that refuseth to declare what Armour and Munition he hath or to deliver it to such persons as shall have power to seize it shall forfeit the same to the King and besides shall upon warrant from any Justice of Peace of that County be imprisoned by the space of three moneths without bail CXLVI This Act shall not abridge Ecclesiastical censures CXLVII Stat. 7 Jac. 2. No person of the age of eighteen years or above shall be naturalized or restored to bloud unless he have received the Lord's Supper within a moneth before his bill was exhibited and also do take before the bill be twice read the oaths of Supremacy and Allegiance to be ministred unto him in the house of Lords by the Lord Chancellor or Keeper and in the Common house by the Speaker * CXLVIII Stat. 7 Jac. 6. Who shall take the Oath of Obedience or Allegiance by whom it shall be ministred and within what time CXLIX It shall be lawful for any of the Privy Council or any Bishop within his Diocess to require a Baron or Baroness of eighteen years of age or above to take the said Oath and likewise for any two Justices of Peace 1. Qu. to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CL. If any Baron or Baroness stand presented indicted or convicted for Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy Seal or the principal Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister pety Constables or Church-wardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of the said cases minister the said Oath and upon refusal shall commit the party to prison there to remain until the next Ass or Sess where if he or she again refuse to take it they shall incur a Praemunire except women covert who shall onely be imprisoned and there remain without bail untill they shall take the said Oath CLI None refusing the said Oath shall be capable of any Office of Judicature or of other Office being no Office of inheritance or Ministerial function or to practise the Common Law Physick Chirurgery the Art of Apothecary or any liberal Science for gain CLII. If a married woman being a convicted Recusant do not conform within three moneths after conviction she shall be committed to prison by a privy Councellor or the Bishop of the Diocess if she be a Baroness But if any other of a lower degree then shall she be committed by two Justices of Peace 1. Qu. and there shall remain until she conform as aforesaid unless the husband for the wife's offence will pay unto the King 10 l. for every moneth or yield the third part of all his lands at the choice of the said husband CLIII None shall go himself or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or relief to the party so sent or to any School or Religious house there in pain after conviction thereof to be adjudged unable to prosecute any suit in any Court of Equity to be Cummittee of any Ward Executor or Administrator to be uncapable of any Legacy or deed of Gift or of bearing Office within this Realm And besiders to forfeit all his goods and chattels and his land also during life But if he conform within six weeks after his return according to the Statutes in that case provided he shall not incur the penalties abovesaid CLIV. These offences shall be heard and determined by the Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer of such Counties where the offenders did last dwell or whence they departed or where they shall be taken CLV For Uniformity of Common-Prayer See Title Religion * CLVI Stat. 3 Car. 2. The Statute of 1 Jac. 4. shall be duely put in execution and none of the King's Subjects shall pass or go or shall convey or send or cause to be coveyed or sent any child or other person out of any of the King's Dominions into any parts beyond the Seas out of the King's Obedience to the intent to be resident or trained up in any popish society School or family or to be there instructed in the Popish Religion in any sort to profess the same Neither shall any convey or cause to be conveyed any money or other thing towards the maintenance of any such child or person already gon or lent or to go or to be sent and trained and instructed as aforesaid or under the name of charity towards the relief of any such Society or Religious House upon pain after conviction in any of the aforesaid cases to be disabled to sue or use any action bill plaint or information in course of Law or to prosecute any suit in equity or to be Committee of any Ward or Executor or Administrator to any person or capable of any legacy or deed of Gift or to bear Office within the Realm and to forfeit all his goods and chattels and also his lands rents annuities and Offices during his life CLVII Howbeit no person so sent or conveyed as aforesaid who shall within six weeks after his return conform himself to the present Religion here established and receive the Sacrament of the Lord's Supper shall incurr any of the penalties aforesaid CLVIII Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer have power to hear and determine these offences in such Counties where such offenders did last dwell or whence they departed or where they are taken CLIX. Stat. 16. 17 Car. 11. The branch of the Statute of 1 Eliz. 1. which gave power by commission under the Great Seal to exercise Ecclesiastical Jurisdiction and whereupon the pretended authority of the High Commission-Court was founded is repealed CLX No Ecclesiastical Judge Officer or Minister of Justice shall award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the King's Subjects for any contempt offence matter or thing whatsoever nor give any oath to any Church-warden Side-man or other person to present or confess any thing or to accuse him or her self of any crime or offence whereby they may be liable to any pain or punishment in pain to forfeit treble dammages to the party grieved and an 100 l. to the first prosecutor to be recovered by action of debt c. in which no
yards and seven quarters in breadth and weigh being white 64 pound but coloured 60 pounds at least also Plunkets Azures Blues and other coloured clothes made there and elsewhere shall contain in length betwixt 25 and 28 yards be of the same breadth and shall weigh 88 pounds CXXVI Ordinary Kerseys shall contain in length betwixt 17 and 18 yards and shall weigh 20 pounds and sorting Kerseys shall have equal length but shall weigh 13 pounds CXXVII The length of Devonshire Kerseys called Douseins shall be betwixt 12 and 13 yards and their weight 14 pounds CXXVIII The length of Broad clothes called Tauntons Bridgwaters and the like shall be betwixt 12 and 13 yards and their breadth 7 quarters And every narrow cloth made there or elsewhere of like sort shall contain in length betwixt 24 and 25 yards and in breadth one yard and shall weigh 34 yards CXXIX Check Kerseys and Streats shall contain in length betwixt 17 and 18 yards and in breadth one yard and shall weigh 24 pounds CXXX Frizes in Wales and elsewhere of like making ready for sale and wet shall contain 36 yards at most in length and three quarters in breadth and shall weigh 48 pounds and every half piece after the same rate CXXXI Northern Clothes shall be betwixt 23 and 25 yards long and 7 quarters broad and shall weigh 6 pounds CXXXII Douseins shall be betwixt twelve and thirteen yards long and seven quarters broad and shall weigh thirty three pounds CXXXIII Pennystones and Forest Whites shall be betwixt 12 and 13 yards long and six quarters and an half broad and shall weigh 28 pounds CXXXIV Manchester Lancashire and Cheshire Cottons shall be 22 yards long and three quarters broad and shall weigh 30 pounds CXXXV Manchester Ruggs or Frizes shall be 36 yards long three quarters broad shall not be stretched above a nail and shall weigh 48 pounds CXXXVI If any put to sale any of the broad clothes abovesaid not of the due lengh breadth or weight abovesaid they shall forfeit for every cloth defective or exceeding in length or breadth 40 s. and for every pound it wants not exceeding four 2 s. the pound and if it want more then four they shall forfeit 40 s. CXXXVII Provided if broad cloth exceed the due length by reason of the fineness or stuffy making thereof the maker shall not incur any penalty thereby CXXXVIII If any put to sale any of the other clothes above specified not of due length breadth and weight as aforesaid they shall forfeit 20 s. CXXXIX None shall put any flocks or yarn made of lamb's wool into any of the abovesaid clothes in pain to forfeit the same or the value thereof CXL None shall put any cloth or Kersey to sale before they have paid the Aulnager his due fee in pain of 20 s. CXLI No cloth shall be transported before the seals of the Aulnager and owner be put thereunto in pain to forfeit the same or the value thereof ☞ CXLII No retailer of cloth shall put it to seal before he have tried it by water measure and weight and shall present the defect thereof to an Head-officer or two next Justices of Peace in pain to forfeit the double value thereof And the cloth found defective shall be divided into three parts whereof the King shall have one the prosecutor another and the Head-officer or two Justices the third CXLIII The Clothier shall repay to the buyer of faulty cloth his money again or otherwise satisfie him for the same in pain to forfeit to the party grieved the double value thereof CXLIV None shall stretch cloth above a yard in length and an half quarter in breadth in pain of 5 l. CXLV None shall use with his tentor any wrinch rope ring or other engine to strain or stretch cloth in pain of 20 l. CXLVI Two or more searchers of cloth shall be appointed in every place where cloth is made who being sworn shall have power to enter into all houses where cloth is made or wrought to make search whether the clothes are well dressed and pressed with the cold press and the moiety of all forfeitures therupon accruing shall the King have and the other shall be given to the use of the Commonalty or Town where the offence or default is committed or made CXLVII The party with whom such defective cloth is found shall recover dammages against the party that was the cause thereof by Action of debt c. CXLVIII The Head-officer of every Town shall prepare a seal of lead having the Arms and name of the Town printed thereupon which seal the searchers shall fix to every cloth well made and shall have for every seal so fixed 2 d. CXLIX If the searchers finde any faulty coloured cloth they shall at each end six another seal of lead having the letter F. printed thereupon and shall also in the list just against the fault set another mark of an inch compass to the end the buyer may readily discover where the fault is CL. If the searchers set the Town seal to cloth not sufficiently dressed the Corporations shall forfeit the value thereof CLI If the searchers set the Town-seal to faulty cloth or do not set the seal F. above expressed thereunto the Corporation shall forfeit 5 l. CLII. No retailer of cloth shall put it to sale unless the said Town-seal be fixed thereunto and shall keep it fixed at one end thereof untill it be all sold in pain to forfeit the value of such cloth CLIII The Corporation that appoints not such searchers shall forfeit 10 pounds And the searcher that refuseth to execute the Office shall forfeit 5 pounds to be divided betwixt the King and the Corporation and shall be in ward until he pay or give security for it CLIV. None shall press any cloth with the hot press nor in any other deceivable manner but onely with the cold press in pain to forfeit the same or the value thereof CLV If any but persons authorized by this Act couterfeit set to or take away from any clothes any of the seals appointed by this Act he shall forfeit for the first offence being thereof convict by 12 men two witnesses or his own confession 10 l. and for the second shall stand upon the Pillory and forfeit all his goods and chattells to the King CLVI Euery Article in any Statute heretofore made concerning the making dying pressing searching or sealing any of the clothes above in this Act mentioned and being repugnant or contrariant to any Article of this Statue shall be void CLVII The forfeitures abovesaid not otherwise appointed shall be divided betwixt the King and the prosecutor CLVIII Povided it shall not be lawful to boil wooll to be converted into cloth with gauls rinds bark or saw-dust in pain to forfeit the same or the value thereof to be recovered and had as aforesaid CLIX. This Act shall not extendt to Devonshire-clothes called Tavestocks CLX Stat. 5 6 E. 6.8 No person
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
the Jurors come where the party is seen in the Court Essoin Ultra mare lieth not where the party hath had before an Essoin de mal venir It lieth not where the party hath Essoined himself another day where the Sheriff was commanded to make the party to appear Essoin de servitio Regis lieth not where the party is a woman it lieth not in a Writ of Dower or because the plaintiff hath not found pledges it lieth not where such a man's Attorney was Essoined where the party hath an Attorney in his suit where the Essoiner confesseth that he is not in the Kings service where the sommons is not returned or the party not attached upon non est inventus returned where the party was before Essoined de servitio Regis had not put in his warrant where the party hath been resummoned in Assize of Mortdancester or Darrein presentment It lieth not because such a one is not named in the writ nor where the Sheriff hath a Precept to distrain the party to come by his lands and goods nor where the Bishop was commanded to cause the party to appear nor for that the day is past XIV An Essoin de servitio Regis is allowed after the Grand cape Petit cape and distresses taken upon the lands and goods XV. Stat. De visu terrae An essoin de servitio Regis lieth not in a writ of Novel disseisin Dower Darrein presentment or Appeal Vide Rast Essoin 13. Estrepement I. Glocester 13. 6 E. 1. No wast shall be made hanging a suit for the land ☞ Estreats I. West 1.44 5 E. 1. If tenant or defendant make default after the first attachment returned the great distress shall be awarded whereupon if the Sheriff make no sufficient return he shall be amerced but if the return be that he hath done execution delivered the issues to the sureties day shall be given him to return them before the Justices when if the party appear he shall have them but if not the King shall have them and the Justices shall cause them to be sent into the King's Wardrobe and then deliver them into the Exchequer and the Justices in Eyre to the Sheriff of the County where they plead and likewise of forreign Counties who shall be charged therewith by the Rolls of the Justices II. Stat. De forma mittendi extractus ad scaccarium 15 E. 2. Vide Rast Estreates 2. First all fines to have writs and all other fines wherein the sum is expressed of one County for the whole year which are to be sent into the Exchequer entred in the streat of themselves in one place in order as they are entred in the Chancery Rolls together with the date of the day when such fine was made III. Next to them shall be entred Charters Letters Patents and Commissions in which any rent is due to the King or any accompt is to be made Then homages fealties writs of Diem clausit extremum reliefs and services IV. Then the names of all such as shall be assigned that year to hear inquire of or do any thing whereby fine amerciament or other profit may arise to the King to the end they may be sent to for the Estreats thereof And in the end of the Estreat redisseisins and surcharging of pastures V. Statutum scaccarii is confirmed and it is further ordained that the Justices of both the Benches the Warden of the forrest the Steward of the King's house and the Clerk of the Market shall in like manner yearly deliver their Estreats in the Exchequer The Steward of the King's house shall also send his Estreats yearly at the close of Easter term and the next day after Michaelmas VI. The Warden also of the Alnage shall yearly deliver his Estrears to the Treasurer containing all defaults of cloth contrary to the Assize and the Price at which he delivered them and also where when and by what warrant VII Divers other provisions for the King's Butler and Customers concerning wines imported VIII Stat. 42 E. 3.9 The party chargeable by the Estreats of green wax upon payment thereof shall see the schedules themselves under seal and the charge being paid it shall be totred by the Sheriff for default whereof if the party be afterwards damnified the Sheriff shall pay him treble damages to be recovered before Justices of Peace or other Justices and shall besides make fine to the King Also where the copies of the Estreat concern franchises they shall be delivered to Bailiffs of the Franchises under the Sheriffs seal which Bailiffs shall render an account thereof in the Exchequer by the same Copies IX Stat. 7 H. 4.3 The Justices and Judges before whom Issues or amerciaments are forfeit shall charge the Clerks of the Estreats where they are so forfeit by oath to express in their Rols the cause of such forfeit the term when the nature of the writ whereupon and betwixt what parties they were lost and that as well in the King's suit as in the parties X. The Statute of 42 E. 3.9 confirmed Evidence I. Stat. Ja. An Action being brought against a Justice of Peace Major or Bailiff of a Corporation Head-borough Pottreeve Constable Tithing-man or Collector of subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence II. Here if the verdict pass for the defendant or the plaintiff be non-suit or discontinue his suit the defendant shall be allowed double costs to be recovered as costs in other cases given to the defendant use to be recovered III. Stat. 21 Ja. 12. The Statute of 7 Ja. 5. is confirmed and Churchwardens Sworn-men and Overseers of the poor together with their Assistants are to be comprehended within the purview of the same Statute IV. An Action brought against any of the said Officers there Deputies or Assistants shall be laid in the County where the fact was committed and not elsewhere Exception I. West 2.31 13 E. 1. When the Justices will not allow a Bill of exception upon Prayer if the party impleaded render the same unto them in writing and requires their seals thereunto they or one of them shall do it II. If the Exception sealed be not put into the Roll upon complaint thereof to the King the Justice shall be sent for and if he cannot deny the seal the Court shall proceed to judgment according to the exception Excise I. Stat. 12 Car. 2. cap. 24. There shall be paid to the King his heires and successors the several rates and impositions following viz. Every barrel of Beer or Ale above 6 s. the barrel brewed by common Brewers or persons commonly selling the same 15 d Every barrel of Beer or Ale under 6 s. by such common Brewers or Sellers 3 d. Every hogshead of Sider and Perry sold by retail and payable by the retailer 15 d. Every gallon of Metheglin or Mead sold
to be paid by the maker ob Vineger beer by the common brewer every barrel 6 d. Every gallon of Strong-water or Aquavitae sold to be paid by the maker 1 d. Every barrel of Beer imported from beyond Sea 3 s. Every tun of Sider or Perry imported 5 s. Every gallon of Spirits made of Wine or Sider imported from beyond Sea 2 d. Every gallon of Strong-water imported 4 d. Every gallon of Coffee sold to be paid by the maker 4 d. Every gallon of Chocolate Sherbet and Tea sold by the maker 8 d. II. The rates upon forein liquors imported shall be paid by the Merchants importing in ready money before landing thereof III. All common Brewers of Beer and Ale shall once in every week And all Inn-keepers Alehouse-keepers Victuallers and retailers of Beer Ale Sider Perry Metheglin and Strong-water every moneth make particular entries thereof at the office of Excise within their limits IV. All common Brewers for omitting such entries shall forfeit 10 l. Inn-keepers 5 l. and Alehouse-keepers 20 s. for every default V. Common Brewers not paying their duties within a week after entrey shall pay double the value Inn-keepers Alehouse-keepers Victuallers and retailers not paying within a moneth after entrie shall pay double the value VI. Provided none dwelling in Market-towns be compelled to make entries or payment but in the said Town none other dwelling out of such Market-town but in the next Market-town to the place where he inhabiteth VII The Commissioners and Sub-commissioners appointed by the King may under their hands and seals appoint so many Gagers as shall be needfull who may enter into the houses of Brewers Inn-keepers c. to gage all Coppers Fatts and Vestels in the same and thereof make return in writing to the Commissioners and Sub-commissioners of Excise under whose office and limits they live and upon refusal may forbid the parties to sell any Beer c. and 10 l. forfeiture if the party shall afterwards sell VIII The Gagers shall return 36 gallons after the Ale-quart for a Barrel of Beer IX Brewers and Retailers shall observe the usual prices saving the Excise to the Brewer X. Allowance shall be made to the Brewers for wast and leakage viz. 3 barrels upon 23 for Beer and 2 barrels upon 22 for Ale which upon false entry proved before the Commissioners of Excise or any 2 of them the Brewer shall lose and forfeit the said allowance for 6 moneths XI Brewers shall deliver no Beer to Retailors until the Excise be paid Provided persons being no common Brewers paying the Excise shall not be subject to the penalties in this Act. XII Commissioners may compound for the Excise with Inn-keepers Alehouse-keepers and Victuallers within their devisions XIII The Lord Treasurer or such Commissioners as the King shall appoint may contract with persons for the farming any the rates or duties in this Act for any term not exceeding 3 years XIV Provided persons to be appointed by the Justices of the Peace within six moneths after this Act to have the refusal of contracting for the Excise in their respective Counties XV. Forfeitures and offences upon this Act in London shall be heard and determined before the Commissioners of Excise or Commissioners of Appeal and in the several Counties before 2 Justices of the Peace and upon their neglect or refusal by 14 days space after complaint and notice to the offendor then the Sub-commissioners for the Town or place c. or major part of them to hear and determine the same saving an appeal in case of wrong to the quarter Sessions who are to summon the parties and may proceed to levy the forfeitures within this Act. XVI Provided the said forfeitures and penalties may be mittigated or compounded 3 fourth parts of which shall go to the King and one fourth to the informer XVII One principal office of the Excise erected in London to be mannaged by such officers as the King shall appoint XVIII None shall be capable to meddle in any office of the Excise until he shall before 2 Justices of the Peace or one of the Barons of the Exchequer take the Oath of Supremacy and Allegiance and the Oath following You shall swear to execute 〈…〉 truely and faithfully without favour or affection and shall from time to time true accompt make and deliver to such person and persons as his Majestie shall appoint to receive the same And shall take no fee or reward for execution of the said office from any other person then from his Majesty or those whom his Majesty shall appoint in that behalf XIX London Westminster Southwark and Parishes under the bills of Mortality shall be under the goverment of the head office and be open at certain times of the day XX. The General issue may be pleaded in any action brought against persons doing any thing in execution of this Statute and the defendant upon nonsuit or verdict for the the defendant to return double costs XXI Writs of raciorari shall supersede no proceedings See Accompt num XI XXII See Stat. 1. 5 Car. 2. cap. 12. Stat. 3. An additional Act for better ordering and collecting the duty of Excise and preventing the abuses therein and Stat. 15 Car. 2. cap. 13 Stat. 3. An explanation Act for recovery of the Areares of Excise not pardoned by the Act of Oblivion XXIII Stat. 16. 17 Car. 2. cap. 4. After the 8 of November 1665 all Farmers of Excise or any of them within their respective devisions may use and put in execution all such powers as Commissioners or Sub-commissioners of Excise may by several Statutes for Excise for the levying the same Except the judicial part for determining offences and imposing or mitigating or compounding fines or penalties Excommunication I. Sententia lata super Chartas 38 H. 3. Vide Rast Excom 1. In the year 1254 by the concent and in the presence of the King the Lords and other estates of the Realm Boniface Arch-bishop of Canterbury and all the other Bishops then present being apparelled in Pentisicals with tapers burning do in Westminster hall solemnly denounce a heavy curse and Excommunication against all such as shall violate or break the liberties of the Church or Customs and Liberties of the Realm and especially contained in Mag. Char. and Cart. de Foresta II. Articuli Cler. 7. 9 E. 2. The King's letters that Ordinaries shall absolve excommunicate persons shall not issue forth any more unless it be found that the King's liberty is prejudiced by such Excommunication III. Articuli Cler. 12 9 E. 2. The writ of Excommunicato capiendo shall not be denyed for the priviledge of being of the King's tenure and that the party ought not to be cited out of their Parish IV. Stat. 9 E. 3. Writs are ordained for the Bishops to excommunicate all perturbers of the peace of the Church and King felons maintainers and conspirators of felonies false Jurors and maintainers of false quarrels every Sunday and double feasts c. in
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
Huntingdon leading from London to York and into Lincolnshire and for gathering a certain Toll for the same viz. for Hertfordshire at Wades Mill for Cambridge at Caxton and for Huntingdonshire at Stilton and not elsewhere vid. the Act. LXI Stat. 16 17 Car. 2. An Act for continuance of a former Act for repairing the High-ways within the County of Hertford for 21 years from the time mentioned in the said Act. ☞ Holy-days and Fasting-days I. Stat. 2 3 E. 6.19 An Act prohibiting flesh to be eaten on fish-days But see a greater penalty inflicted 5 E. 5. Infra in Ships II. Stat. 5 6 E. 3.3 Holy-days and Fasting-days are appointed But 1 M. Parl. 1. Cap. 2. this Act is repealed And afterwards by 1 Jac. 25. 1 M. is repealed and therefore Quaere whether it be now in force unless it had been revived by special words III. Stat. 1 Car. 1. All concourse of people out of their own Parishes for any pastime whatsoever as also Bear-baitings Bull-baitings Enterludes Common-plays and all other unlawful pastimes are prohibited on the Lord's-day IV. The Offender against this law being thereof convicted by the view of one Justice of Peace in the Countrey or by a chief Officer in a Corporation or by his own confession or by the oath of one witness before one such Justice or Officer shall forfeit 3 s. 4 d. to the use of the poor where the offence is committed to be levied by distress and sale of goods upon warrant from the same Justice or Officer by the Constables or Churchwardens of the same Parish and in case no distress can be had the Offendor shall sit in the stocks 3 hours but this offence ought to be prosecuted within one moneth after it shall be committed And if the Officer be questioned he shall plead the general issue and yet give special matter in evidence * V. Stat. 3 Car. 1. No Carier with his Horse Waggoner with his Wagon Car-man with his Cart Wain-man with his Wain or Drover with his Cattel shall travel upon the Lord's-day in pain to forfeit 20 s. for every such offence VI. No Butcher shall kill or sell any victual upon the same day in pain of 6 s. 8 d. * VII Here the conviction of the Offender and the levying and imployment of the forfeitures are the same with those of the former Statute save onely that here two witnesses are necessary and the forfeitures may also be recovered by a prosecutor in the Sessions of the County or Corporation where the offence was committed and in that case the Justice or Head-Officer may allow the prosecutor part of the forfeitures but not above a third part VIII This Action shall be prosecuted within six moneths and here also the Officer may plead the general issue Homage and Fealty I. Stat. 17 E. 2. When a Free-man doth homage to his Lord of whom he holdeth in chief he shall hold his hands between the hands of his Lord and say thus I become your man from this time forth for life for member and for worldly honour and shall ow you my faith for the lands that I hold of you saving the faith that I ow unto our Lord the King and to mine other Lords II. When a Free-man doth fealty to his Lord he shall hold his right hand upon a Book and shall say thus Hear you my Lord R. that I P. will be to you both faithful and true and shall ow my fidelity unto you for the Land that I hold of you and lawfully shall do such customs and services as my duty is to you at all terms assigned so help me God and all his Saints III. When a Villain shall do fealty unto his Lord he shall hold his right hand over the Book and say thus Hear you my Lord A. that I B. from this day forth unto you shall be true and faithful and shall ow you fealty for the Land I hold of you in Villenage and shall be justified by you in body and goods so help me God and all his Saints Honours I. Stat. 31 H. 8.5 An Act for the making of the Mannor of Hampton-Court with divers Mannors and Lands thereunto annexed an Honour and the King shall have a free Chase and Warren there also the offenders there shall be punishable as in any other Forest or Chase all which are to be in the survey of the Court of Augmentations and Shipton is annexed unto the Dutchy of Cornwal in lieu of Bifleet and Weibridge taken away by this Act from the said Dutchy II. Stat. 33 H. 8.37 An Act for the making of the Mannor of Amphthil in Com. Bed an Honour and for annexing divers lands in Com. Bed and Buck. to the said Honour with other Articles concerning that Mannor which said lands are appointed to the survey of the Court of Augmentations III. Stat. 33 H. 8.38 The like for the Mannor of Grafton in Com. North. See the Statutes at large Hops * I. Stat. 1 Jac. 18. None shall bring or cause to be brought into this Realm from forein parts any hops deceitfully mixt with any soil whatsoever in pain to forfeit the hops so brought in neither shall any buy such hops so brought in or growing within the Realm and imploy them in brewing in pain to forfeit the value thereof which said forfeitures shall be divided betwixt the King and the prosecutor Horners * I. Stat. 4 E. 4.8 No stranger shall buy any English horns unwrought gathered or growing in London or within 24 miles thereof The Wardens of Horners in London may search all ware belonging to their Mystery in London and within 24 miles thereof And in Sturbridge and Ely Fairs See the Statute at large But note that this Statute is repealed by 1 Jac. 25. Howbeit it is recited in part revived by 7 Jac. 14. as followeth II. Stat. 7 Jac. 14. The Act of 4 E. 4.8 and every part thereof except power of search in the Fairs of Sturbridge and Ely and the limitation of such prices for horns as they were to be had for at the making of the said Act shall be revived and be of like force as if it had been repealed by 1 Jac. 25. III. None shall sell English horns unwrought to any stranger nor send any such horns beyond Sea in pain to forfeit the double value thereof to be divided betwixt the King and the prosecutor ☞ Horses Mares and Cattel * I. Stat. 20 R. 2.5 None shall take the horse or beast of any to serve the King without the owner's consent or sufficient warrant in pain to be imprisoned until he recompence the party grieved * II. Stat. 11 H. 7.13 None shall convey any horse out of the Realm without the King's licence in pain to forfeit the same nor any Mare above the value of 6 s. 8 d. in pain to forfeit her the owner thereof receiving 6 s. 8 d. for her at the time of the seisure otherwise that also is to be forfeited and here the Mare
money shall be collected half-yearly within 6 days after the same shall grow due and acquittances shall be given by the Officers collecting it which shall be good discharges for the same and distress and sale of the goods of the party in case of non-payment rendring the overplus after the duty paid and necessary charges for levying it XIII Constables and other such officers shall pay in the money collected within 20 days to the High-Constables of the several hundreds and limits and shall have 2 d. in the pound for collecting the same and shall deliver in writing to the High-Constables the names of such persons as have paid and such as have not paid the same XIV The High Constables shall pay the moneys by them received within 10 days unto the High-Sheriffs deducting one penny in the pound for their pains and deliver the several returns which they received from the Constables aforesaid and the Sheriffs shall return the moneys received and the names of the defaulters into the Exchequer deducting 4 d. in the pound 3 d. whereof to the Sheriff for his pains and 1 d. to the Clark of the Peace which the said Clerk may recover by Action of debt XV. Proviso making the Sheriffs of London and Middlesex Surrey for that Burrough of Southwark and all other Sheriffs of Cities and Towns being Counties Collectors within their limits and the Constables and other Officers to deliver duplicates to the said Sheriffs and they enabled to levy the said moneys and give acquittances without fees and within 40 days to pay the same into the Exchequer with the names of defaulters where no distress is found deducting as to other Sheriffs and Clarks of Peace and the Officers of the Exchequer shall discharge persons paying without fees and issue and process against such as fail of payment where no distress can be found XVI This Revenue shall be duely answered into the Exchequer and shall not be lyable to or charged with any gift or grant and any Non obstante to the contrary shall be void and the grantee an accomptant to the King and the Court of Exchequer injoyned to issue out process accordingly XVII If any Action be brought against any persons for execution of any thing within this Act they may plead the general issue and upon Non-suit discontinuance or verdict against the Plaintiff the Defendant shall recover treble Costs XVIII Increase and decrease of Hearths and Stoves shall in like manner be accounted and returned by duplicates in writing into the Exchequer and there discharged upon decrease without farther pleading XIX No prosecution for any arrearages of this duty unless suit be commenced within 2 years after they become due XX. Proviso that no person who by reason of poverty is exempted from usual taxes be charged with any duties in this Act. XXI Proviso for exempting from payment all houses under 20 s. value per annum upon certificate by the Minister and Overseers of the poor to the 2 next Justices of the Peace XXII Proviso That none shall accept or procure any gift pension or grant from the King of this Revenue upon penalty to forfeit double the value thereof one moiety to be to the use of the poor to be recovered by the Church-wardens of the Parish the other Moiety to him that will sue for the same XXIII Proviso not to charge Blowing houses Stamps Furnaces Kilns private ovens nor Hospitals or Almeshouses not having 100 l. per annum of endowment XXIV The occupier of the Hearth for the time being shall be charged his Executors and Administrators and not the Landlord XXV No person indebted to the King for any the said duties shall be priviledged as a debtor to sue in the Exchequer or assign to the King any such debt XXVI Stat. 12 Car. 2. ca. 23. Certain Impositions upon Beer Ale and other liquors for the increase of the King's revenue during his Life See the Statute at large XXVII The same setled upon the King his heirs and successors for ever Stat. 12 Car. 2. ca. 24. XXVIII Stat. 15 Car. 2. ca. 14. Every inhabitant occupier of any house lodging c. shall upon notice after next Mich. Sessions give a true accompt in writing under his hand to the Constable of all the Hearths and Stoves in such house c. who shall with 2 other inhabitants of the Parish in the day time enter into such house and upon his own view compare and see if the same be truly made and indorse the said Account to what he finds upon his view and return the same to the High Constable together with a book or roll fairly written with 2 Colums one containing the names of the persons and number of hearths and stoves chargeable by the said Act the other the names of the persons and number of Hearths and Stoves not chargeable which being received and compared shall within 6 days be transmitted to the 2 next Justices of the Peace who are impowred to examine the said High-Constables and other Officers concerning the truth and faithfulness of their actings in the premisses which being done the said Justices are within 10 days to transmit the same to the Clark of the Peace who within 20 days is to engross the same to be kept in the County and within 2 moneths to engross and return duplicates signed by himself and 2 Justices of the Peace into the Exchequer XXIX Penalty for omitting to return every Hearth upon the occupier 40 s. XXX Constables and Officers neglecting their duty shall forfeit 5 l. XXXI High Constables neglecting to perform their duties 10 l. XXXII Constables and Officers changing or leaving their offices for that year are notwithstanding enabled and required to perform the duties in relation to the premisses and for every day they shall neglect to gather the moneys due shall forfeit 20 s. and such as shall gather and distrain for the same may call to their assistance any 2 sufficient Inhabitants XXXIII Sheriffs may appoint Deputies under the Seal of their Offices or their own hand and seals for collecting the said duties XXXIV Provided the Lord Treasurer and Chancellor of the Exchequer may give further allowance to the Clarks of the Peace for their pains in engrossing and returning duplicates into the Exchequer XXXV Stat. 16 Car. 2. ca. 3. Reciting the said defects in the former Acts. Enacted that the King his heirs and successors may make officers for receiving and collecting the duties upon Fire-hearths and Stoves by the former Acts and for viewing and numbring the same and for inspecting and examining the several Rolls Certificates and Returns made and to be made into the Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers accompanied with the Constable or Tything-man Treasurer or under-Treasurer or other publick or proper Officers of the Place who are required to attend upon this occasion in all Parishes and places where there are no Constables Tithing-men or other publick Officer
be no defrauding of this Statute XII Cap. 9. Search shall be made for money exported and false money imported XIII Cap. 10. The Searchers shall have the fourth part of the forfeiture XIV Cap. 11. Hostlers viz. Innc-keepers and Victuallers shall be sworn to search their guests XV. Stat. 18 E. 3. Stat. 2.6 Money shall be made and exchanges ordained where the King shall please XVI Stat. 25 E. 3. Stat. 5.13 Money shall not be impaired in weight or alloy XVII Stat. 25 E. 3. Stat. 5.20 Plate of Gold and Silver shall be received into the Kings Mint by weight and not by number and so also shall the Money be returned XVIII Stat. 38 E. 3. Stat. 1.2 None shall export Gold or Silver in money or Plate but Victuallers of fish who fish for Herring or other fish and such as import fish in small vessels who meddle not with other Merchandize but not otherwise then as the Chancellor shall think fit XIX Stat. 5 R. 2.2 None shall export Gold or Silver But quaere whether this Statute be not repealed by 4 Jac. 1. XX. Stat. 17 R. 2.1 The Statute of 9 E. 3. cap. 3. shall be duly executed and none shall melt Groats or half Groats into Vessel upon the pain contained in that Statute * XXI Foreign Coin shall not be current in England but shall be brought to the bullion there to be molten into the coin of England in pain of forfeiture thereof and imprisonment neither shall there be any exchange of English money for Scotch money upon the like pain XXII Stat. 2 H. 4.5 If the Kings Searchers find any money or plate in the custody of any ready to pass beyond sea or in any ship which is to go beyond Sea it shall be forfeited to the King save the parties reasonable expences which he shall also lose unless he presently confess the truth XXIII Provided that Merchant-strangers that sell their Merchandize in England and do imploy half their money received for the same upon other merchandize of England may by the Kings licence export the other half thereof without prejudice XXIV Stat. 4 H. 4.10 A third part of all silver money which shall be brought to the Bullion shall be coined into half pence and farthings of each alike and the Coiner shall make oath so to do XXV No Goldsmith shall melt half-pence or farthings in pain to forfeit four times so much as he so melts XXVI Stat. 11 H. 4.5 Gally half-pence shall not be current in England and all Statutes formerly made concerning Money are confirmed XXVII Stat. 13 H. 4. 6 The Statute of 11 H. 4.5 and all other Statutes formerly made concerning money shall be duly put in execution XXVIII Stat. 3 H. 5. Stat. 1. It shall be Felony to utter Scotch money in payments But this Statute is now obsolete and out of use XXIX Stat. 3. H. 5.6 It shall be Treason to clip wash or file money Howbeit this Statute is repealed by 1 E. 6.12 and 1. M. Sess 1. but the same again made Treason by 5 El. 11. which see in Treason ☞ XXX Stat. 3. H. 5.7 Justices of Assize and of Peace have power to hear and determine all offences concerning false money XXXI Stat. 9 H. 5.11 No English Gold shall be received in payment but by the Kings weight XXXII Stat. 1 H. 6.1 The Kings Council may assign money to be Coined and Exchanges to be holden in as many places as they please XXXIII Stat. 2 H. 6.6 No Gold or Silver shall be exported in pain to forfeit the value thereof save only for the ransome of prisoners the reasonable costs of Souldiers passing beyond sea and money to be expended for certain Scotch commodities so as they be done by the Kings licence XXXIV Merchants-Aliens shall find sureties in the Chancery every Company for them of their Company that none of them shall export any Gold or Silver in pain to forfeit the same or the value thereof whereof the discoverer unto the Treasurer or Kings Council shall have a fourth part XXXV Stat. 2 H. 6.9 The money called Blanks are wholly prohibited XXXVI Stat. 2 H. 6.12 The Mint-master shall keep his Alloy in the making of white money according to his Indenture and shall receive silver brought to the Mint at the true value it is worth according to the same Alloy in pain to pay to the party his double damages XXXVII The Kings Assayer who ought to be a person indifferent betwixt the Mint-master and the Merchant and the controler of the Mint shall be present when any bullion is brought to the Mint to the end the Assayer may set the true value thereof in case any variance happen betwixt the Master and Merchant XXXVIII The Controllers office is every two dayes fâ—ithfully to try all silver brought in or carried out of the Mint and that without fee save what he receives of the King in pain of double damages And he ought to be a credible man and expert in the Mystery of Goldsmiths and of the Mint XXXIX The Mint-master and Exchanger shall convert into coin all Gold and Silver brought to the Mint or to the Exchange according to the form of the said Indenture upon the pain therein contained XL. Stat. 19 H. 7.5 All coins of Gold and Silver current in this Realm shall so continue for the value they were so coined for albeit some of them be cracked so as they be not clipt or otherwise diminished reasonable wearing excepted ☞ XLI If any refuse any lawful coin in payment he shall be compelled by the Officer of the place to receive it and also imprisoned or otherwise punished as such Officer shall think fit And if any Sheriff or other Officer refuse it he shall be compelled to take it by a Justice of Peace and is otherwise punishable at the discretion of such Justice XLII It shall be lawful for the owner of money clipped or otherwise impaired to exchange it at the Mint or to convert it into Plate or Bullion or otherwise to dispose thereof for his best profit XLIII To avoid clipping of silver coins hereafter the King appointeth new ones to be made with a circle about the outermost part thereof and for Gold coins that they should have the intire Scripture stamped without lacking any part thereof to the end that by the ring or Scripture it may be discerned when they were clipt or any way diminished and the Warden and Controller of the Mint are to see them thus ordered before they passe from the Mint in pain to forfeit their Offices and to be fined at the Kings will XLIV None shall transport any money I late or Bullion above 6 s. 8 d. into Ireland nor convey any of them into any Ship or other vessel in pain to forfeit them and to be imprisoned and ransomed at the Kings will XLV It shall be lawful for any to seize any Irish coin above 3 s. 4 d. brought into this Realm and to deliver it in at the
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-â—elivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrahâ—m Baker for making of Smalt nor to that of Edward Lord Dudlâ—y for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H iâ—s of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester ☞ Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
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-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 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
unless his Ancestors have done it before the said voyage III. Such as be at a suit-fine shall be free from suit paying their Fine IV. The Parcenor having the eldest part shall do suit for his or her fellows and the rest shall be contributary V. Also one Joynt-tenant or Tenant in common shall do the suit and if there be no mean to acquit him the rest shall contribute VI. If a Lord distrain for suit not due the parties upon complaint shall have an attachment against the Lord to appear in the Kings Court at a short day when one only Essoin shall be allowed and the distress shall be delivered to the Plaintiff and there remain untill the Plea be determined VII If the Lord appear not at the day the Sheriff shall have command to distrain him by his goods and to have his body before the Justices at another day when if he appear not the Plaintiff shall go without day and the distress shall remain with him untill the Lord have recovered and in the mean time no more distresses shall be made saving to Lords their right to recover their suits when they will sue for them But here if the Lord be convict he shall allow the Plaintiff damages VIII Like Justice shall be done to Lords against Tenants that withdraw their Suits as to limiting of days and awarding of distresses and damages also if they recover but Lords shall not recover seisin of such Suits against their Tenants by default as they were wont to do And as concerning suits withdrawn before the time above-mentioned let the Common Law run as it was wont to do Swans I. Stat. 22 E. 4.6 None but the Kings Son shall have any mask or game of Swans of his own or to his use except he have Lands and Tenements of Freehold worth five Marks per annum besides reprises in pain to have them seised by any having lands of that value to be divided betwixt the King and the Seisor ☞ Swearing and Cursing * ☞ I. Stat. 21 Jac. 20. If any shall swear or curse within the hearing of a Justice of Peace or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice he shall forfeit 12 d. to the use of the poor where the offence shall be committed to be levied by the Constable Church-wardens and Overseers of the Poor there upon warrant from such Justice by distress and sale of goods and in default of distress if the offender be above 12 years old he shall upon warrant as aforesaid be set in the stocks 3 hours but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if the Officer be sued for the due execution of his Office he may plead the general issue and yet give special matter in evidence III This offence shall be complained of and proved as aforesaid within 20 days after it is committed And this Act shall be read in the Church twice in the year upon Sunday after Evening-Prayer Tail I. West 2.1 13 E. 1. WHere Lands are given to a man and the heirs of his body or to husband and wife and the heirs of their two bodies upon condition That if such man or such husband and wife die without issue that then the land should revert to the Donor or where land is given in frank-marriage and such a condition is conceived to be annexed or implied In all such cases heretofore the Feoffees after issue had had power to Alien and to dis-inherit the issue contrary to the mind of the Donors Wherefore now it is ordained That the Will of the giver according to the form in the Deed of Gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition shall have no power to alien the land so given but it shall remain to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England nor the issue of such second husband and wife shall succeed in the inheritance but immediately after the death of the husband and wife unto whom the land was given it shall return unto the issue of the giver or his heirs as aforesaid II. Hereupon a new Writ of Formedon in descender is granted in this form Praecipe A. quod juste c. reddat E. Manerinm de F. cum suis pertinentiis quod C. dedit tali viro tali mulieri haeredibus de ipsis viro muliere exeuntibus or thus Quod C. dedit tali viro i◠liberum maritagium cum tali muliere quod post mortem praedictorum viri mulieris praedicto B. filio corum viri mulieris descendere debeat per formam donationis praedictae ut dicit c. vel Quod C. dedit tali haeredibus de corpore suo exeuntibus quod post mortem illius talis praedicto B. filio praedicti talis descendere d beat per formam c. III. This Act shall extend to gifts hereafter to be made and not to gifts heretofore made and a Fine hereafter to be levied upon such lands shall be void in Law Neither shall the heir or reversioner albeit they be of full age in England or out of prison need to make their claim But this Law concerning a Fine is in some sort altered by 32 H. 8.36 which see in Fines Taxes Tenths Fifteens Benevolences Ship-money I Stat. 25 E. 1. Certain Taxes then before taken shall not be taken in custome but by the common assent of the Realm except antient Aids and Taxes II. Stat. De Tallagio non concedendo cap. 1. Temp. E. 1. No tallage or aid by us or our heirs shall be levied without the will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free Commons of our Realm III. Stat. 1 E. 3. Stat. 2. cap. 6. Whereas after Taxes rated levied and paid into the Exchequer Commissions of review issued out by colour whereof the Justices thereto assigned took Fines of the Taxers and others it is ordained That from henceforth the people shall be taxed after the old manner and not otherwise IV. Stat. 11 R. 2.9 No imposition or charge shall be put upon Wooll Leather or Woolfels other than the Custom and Subsidy granted to the King in this present Parliament and if any be the same shall be annulled saving always unto the King his ancient right V. Stat. 9 H. 4.7 Goods shall be chargeable towards the payment of Tenths or Fifteenths in the place where they were at the time the same were granted howbeit none shall be twice charged for his goods VI. Stat. 1 R. 3.2 The Subjects of this Realm shall not be hereafter charged by any
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
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
intent to put the Defendants from their law that the same was found before their Apprentices or servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the Defendants to their law or to try the same by Inquest ☞ Wales I. The second Volume of the Book of Old Statutes is a long Act made Anno 12 E. 5. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated and united to England and there you shall also find many good Laws concerning the division of Wales into Counties Trials and Division of Actions together with divers forms of Writs and the proceeding thereupon much like to the Laws of England For all which see there that Act at large II. Stat. 28 ◠3.2 All Lords of the Marches of Wales shall be perpetually attending and annexed to the Crown of England as they and their Ancestors have been in times past and not to the Principality of Wales in whose hands soever the same shall come III. Stat. 9 H. 4.4 No Thief or Felon in Wales openly known shall be suffered to disclaim out of the Seigniory where the Felony was committed But such manner of disclaimer shall be from henceforth utterly put out and such Thieves shall be put to answer to Indictments and other accusations in the Seigniory where they are taken without being delivered by disclaiming or Letters of Marque IV. Stat. 2 H. 5. Stat. 2.5 If a Welsh-man that doth forcibly take and detain an English-man until he be ransomed will not upon process awarded against him by the Justices appear and answer the same untill he be outlawed the Justices shall certifie the same under their seals to the Officers of the Seigniories where such outlaw is who shall apprehend and do execution upon him according to the Law But this is now altered by 27 H. 8.26 which see after V. Stat. 26 H. 4.8 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this such◠Keeper shall observe in pain to be imprisoned and fined at the discretion of the Court. VI. Here if the Jurors give any untrue verdict against the King contrary to good and pregnant evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretions VII ☞ Stat. 26 H. 8.6 All persons dwelling in VVales or the Marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such Fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs VIII If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the custom of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compell him by imprisonment to pay such fines and penalties both to the King and the party grieved IX None in VVales or the Marches thereof coming to any Sessions or Court there shall bring or cause to be brought thither or to any other place within two miles thereof or to any Town Church Fair Market or other Congregation except upon a Hue and Cry or into the High-way affray of the Peace of the Kings People any Bill Low-Bow Cross-bow hand-gun Sword Staff Dagger Halbert Morespike Spear or any other Weapon Privy Coat or Armour in pain to forfelt the same unless it be by the command or license of the Justices a Steward or other Officer or of the Commissioners or Council there X. None without the Commissioners license in writing shall there or in the Counties thereto adjoyning require or levy any Commorth Bydal Tenants Ale or other collection or exact any money goods or other thing under colour of marriage or suffering of their children saying or finging their first Masses or Gospels of any Priests or Clerks or for the redemption of any murder or other felony or for any other cause whatsoever or shall make or procure to be made any games of running wrastling leaping or any other games the game of shooting only excepted in pain to suffer a years imprisonment and to be fined at the discretion of the Commissioners who shall by this Act have power to hear and determine the said offences Neither shall any cast any Arthell into any Court there by reason whereof it may be letted or discontinued at that time in pain to suffer a years imprisonment XI Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint XII Justices of Peace and Goal-delivery in the Counties next adjoyning to VVales where the Kings Writ runneth may hear and determine the offences of counterfeiters washers clippers or diminishers of Coin and all felonies and their accessaries committed in VVales or the Marches thereof And acquittal or fine making for any of the said offences in any Lordship marcher shall be no barr for any person or persons indicted for the same within 2. years next after such offence committed XIII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the offender is resiant a Certificate under the seals of two of them at least of any such outlawry or attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such offender and safely to keep him untill such convenient time before the next Goal-delivery of the
Oswestrie VVhetington Masbrâ—ke Knoking Ellesmer Down and Cherbury Hundred Here also Oswestrie VVhetington Masbroke and Knoking shall be known by the name of the Hundred of Oswestrie and the Inhabitants thereof shall be attendant at Sessions Assizes and Goal-delivery as the Inhabitants of other hundreds within the said County of Salop use to do Also Ellesmer cum membris shall be united to the Hundred of Pimhill in Com. Salop and the Inhabitants thereof shall be attendant as aforesaid Likewise the Lordship of Down cum membris shall be united to the Hundred of Cherbury in Com. Salop and the Inhabitants thereof shall give their attendance as aforesaid Howbeit neither the said Hundreds of Cherbury or Oswestrie nor the Lordship of Ellesmer shall be hereby otherwise priviledged than as Hundreds annexed to the County of Salop as other Hundreds be within the said County XXXII In like manner the Lordships Towns Hundreds c. annexed to the County of Hereford are Ewyas Lacy Ewyas Harold Clifford Winsorton Yerdesley Huntington Whitney Wigmore Logharneis and Stepluton whereof Wigmore and Loghaâ—neis with their members shall be called the Hundred of Wigmore and Ewyas Lacy cum membris the Hundred of Ewyas Lacy but Ewyas Harold shall be united to the Hundred of Webtree in Com. Hereford and Clifford Winforton Yerdlesley Whitney and Huntington shall be called the Hundred of Huntington Here also the Inhabitants shall be attendant at Sessions Assizes and Goal-delivery holden for the County of Hereford but these Lordships c. shall claim no priviledge but as Hundreds or members of Hundreds of the same County XXXIII Likewise the Lordships Towns and Parishes of Wollaston Tidman and Becheby and all Honours Lordships Castles Lands Tenements and Hereditaments lying between Chepstow-Bridge and Glocestershire shall be annexed to the County of Glocester as parâ— thereof and shall be parcel of the Hundred of Wesebury in that County Also the Inhabitants thereof shall be attendant as aforesaid and shall claim no priviledge but as Hundreders of the Hundred of Wesebery aforesaid XXXIV Gowerwilney Bishops town Landaffe Signithe supra Signithe subtus Miskin Ogmore Glencothney Tallagarn Ruchien Tallavan Lambelthion Lantwid Tyerial Avan Neth Landway and the Clays shall be Guildable and united to the County of Glâ—morgan and justice shall be administred in Glamorganshire so united according to the Laws of England as in the three Counties of North-Wales and not according to the Welsh Laws XXXV Lanemthevery Abermeles Redwely Elkenning Cornwolthon Newcastle Emlin and Abergoyly shall be Guildable and annexed to the County of Caermarthen where also Justice shall be administred as aforesaid XXXVI Haverfoâ—d west Kilgaraâ— Lansteffan Langherne alias Tellanghern Walwinscastle Dewis-land Lanny haddein Lanfrey Herberth Slebeche Rosmarket Castellan and Lland of Loure shall be Guildable and annexed to the County of Pembroke wherein Justice shall be administred as aforesaid XXXVII Tregarn Generglin Landwy and Urency shall be Guildable and united to the County of Cardigan and there also justice shall be administred as aforesaid XXXVIII Mountway shall be Guildable and annexed to the County of Merioneth in North-Vales as a commote or part thereof XXXIX All Justices Commissioners Sheriffs Coroners Escheators Stewards and their Lievetenants and all other Officers and Ministers of Law shall proclaim and keep Sessions Courts Hundreds Leets County-Courts and all other Courts in the English tongue and all oaths of Officers Juries and Enquests and all Affidavits Verdicts and Wagers of Law shall be given and done in the same tongue XL. None that use the Welsh language shall have or injoy any office or fees in any of the Kings Dominions but shall forfeit them unless he use the English XLI The Sheriffs of Monmouth Breknoke Radnor Mountgomery and Denbigh shall put every unruly person under common Mainprize as the Sheriffs of the three Counties of North-VVales use to do XLII The Sheriff of Monmouth shall certifie such recognizances common mainprize and surety of apparence at every quarter-Sessions of that County and the persons so bailed shall appear at the two Sessions holden at Easter and Michaelmas until they be released XLIII The Sheriffs of Breknoke Radnor Mountgomery and Denbigh shall certifie such recognizances c. before such Justice as the King shall appoint at every Sessions to be holden in the said Counties XLIV All persons under bail for appearance in the Counties of Breknoke Radnor Mountgomery Denbigh Glamorgan Caermarthen Pembroke and Cardigan either by the Sheriffs or Justices of those Counties shall appear before the said Justices at every Sessions as is used in the three Counties of North-VVales XLV The lay and temporal Lords Marchers shall have the moity of every such recognizance forfeited within their respective Precincts to be paid them by the Sheriff if he can levy them who is also to answer the other moity to the King in the Exchequer upon his account XLVI The Lord Chancellor shall forthwith after this Parliament direct a Commission under the great seal for the division of the Counties of Caermarthen Pembroke Cardigan Monmouth Brekenoke Radnor Mountgomery Glamorgan and Denbigh into convenient Hundreds to be returned into the Chancery and there to remain of Record which shall be of like force as an Act of Parliament XLVII Commissions also shall issue forth to inquire after the Welsh Laws and Customs and such of them as shall be thought fit by the King and Council to be continued shall stand and be in full force notwithstanding this Act. XLVIII Two Knights for the County and one Burgess for the Burrough of Monmouth shall be chosen to serve in Parliament XLIX Also one Knight shall be chosen for each County of Breknoke Radnor Mountgomery and Denbigh and for every other County in VVales and for every Burrough being a Shire-town except the Shire-town of Merioneth one Burgess L. The said Knights and Burgesses shall be elected and enjoy like priviledges and fees as Knights and Burgesses of England And the Knights fees shall be levied of the Commons of each County and those of the Burgesses as well of the Shire-towns whereof they be Burgesses as of all other ancient Burroughs within the said respective Counties LI. All Lords Marchers shall enjoy all such liberties mises and profits as they had or used to have at the first Entry into their lands in times past notwithstanding this Act. LII The Laws and Customs of the three Counties of Northwales and of the County Palatine of Lancaster are saved LIII This Act shall not extend to derogate any other Act heretofore made for the trial of treason murther or felony or accessaries thereunto committed in any Lordship Marcher in VVales or in any Court of England next adjacent thereunto LIV. Lands by the Custom partable amongst males shall so continue notwithstanding this Act. LV. The King hath power within three years to suspend or repeal this Act As also within 5 years to erect as many Courts of Record or others and to appoint as many Justices and other Officers in VVales as
he should think fit LVI Stat. 33 H. 13. Hope Asaph Hawarden Moldesale Mereford and Osâ—lâ—y shall be reputed to be within the County of Flint as part thereof and not in any other County Howbeit they shall pay their taxes with the Inhabitants of such Shire or Shires as hath been formerly accustomed LVII Also Hope Modesdale Mereford Oseley and Hawarden shall be called the Hundred of Modesdale in the County of Flint and Asaph shall be reputed parcel of the Hundred of Ruthland in the same County LVIII Stat. 34 35. H. 8.26 VVales shall be divided into twelve Counties whereof eight were ancient Counties viz. Glamorgan Caermarthen Pembroke Cardigan Flint Carnarvan Anglesey and Merioneth also four other were made by the Stat. of 27 H. 8.26 viz. Radnor Breknoke Mountgomery and Denbigh besides the County of Monmouth and divers Lordships united to the Counties of Salop Hereford and Glocester LIX The limitations of Hundreds lately made within the said Counties by Commission out of the Chancery and again returned thither shall stand in force except such of the same as have been since altered by any Act and shall be altered by this LX. There shall remain a President and Council in VVales and the Marches thereof with officers and incidents thereunto as hath been used which President and Council shall hear and determine such causes as shall be assigned to them by the King as heretofore hath also been used LXI Sessions shall be kept twice a year in the Counties of Glamorgan Breknoke Radnor Caermarthen Pembroke Cardigan Mountgomery Denbigh Carnarvan Flint Merioneth and Anglesey which Sessions shall be called the Kings great Sessions LXII The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh Flint and Mountgomery for his old Fee of 100 l. per Annum LXIII The Justices of North-VVales shall do the like in the Counties of Carnarvan Merioneth and Anglesey and shall have a Fee of 50 l. per annum LXIV A person learned in the Law to be appointed by the King shall be Justice in the Counties of Radnor Breknoke and Glamorgan and shall likewise hold Sessions twice a year and have for his Fee 50 l. per annum LXV Another such person to be appointed as aforesaid shall be Justice in the Counties of Caermarthen Pembroke and Cardigan and shall hold Sessions and have fee as aforesaid LXVI The said Justices shall have Commissions under the great Seal for their Offices to be executed by themselves or their Deputies LXVII These Justices may hold pleas for the Crown in as large manner as the Lord chief Justice or the other Justices of that Bench may do and also pleas of Assizes and all other pleas and actions real personal and mixt in as large manner as the Chief Justice of the Common Pleas or the other Justices of that Court may do LXVIII They shall also enquire hear and determine all criminall offences whatsoever committed within their several limits and administer common justice to all the Kings Subjects there according to the Laws Statutes and Customs of England and this present Ordinance LXIX The said Sessions shall each of them hold six days as hath been used in North-wales and notice thereof shall be given by Proclamation fifteen days at least before they keep the same LXX Dayes shall be given in all Pleas Plaints Process and adjournments from day to day and Sessions to Sessions at the discretion of the said Justices for the good and speedy administration of Justice LXXI The seal for the three Counties of North Wales viz. Merioneth Carnarvan and Anglesey shall remain in the custody of the Chamberlain of North-Wales The seal for Carmarthen Pembroke and Cardigan with the Chamberlain of South-Wales That for Breknoke Radnor and Glamorgan with the Steward and Chamberlain of Breknoke That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh And that for Flint with the Chamberlain of Chester LXXII The said Stewards and Chamberlains shall with the Seals Seal all Original Writs and Process returnable before the Justices at the Sessions as aforesaid and shall answer the profits thereof to the King But none of them or any Chancellor shall by occasion of keeping such Seals compel any person inhabiting in any of the said 12 Shires to appear before themselves or their Deputies or hear or determine any pleas or causes whatsoever otherwise then as by this Ordinance is limited And such writs and process shall be returned before the said Justices as hath been used before the Justice of North-Wales LXXIII All that shall be Stewards Chamberlains or Chancellors within any of the said twelve Shires having Offices of Receipt Collection or account of any of the Kings Rents Revenues or profits there may direct process under the said Seal being in their charge within the limits of their Authorities against Bailiffs Reeves Farmers and other Ministers accomptant to appear before themselves for any such Rents Revenues Farms or Profit as hath been heretofore used But for nothing else nor to any other person LXXIV The Steward 's also may hold Leets Law-dayes or Court Barons of the Lordships whereof they are Stewards and also pleas by plaint under 40 s. in every such Court-Baron and have and enjoy all authorities and profits thereunto belonging notwithstanding any Law or Custome in Wales to the contrary Howbeit neither they nor Sheriffs shall have power to enquire of Felonies in any such Leet Law-day or Turn Neither shall they keep any Leet or Law-day but in such places where they were used to be kept before the Statute of 26 H. 8.6 So as the place be convenient for the keeping of such Courts LXXV Mayors Bailiffs and Head-Officers of Corporate towns in Wales may hold pleas and determine Actions so as they observe the Laws of England and not Welsh Laws or Customs They may also try issues by six men as in divers places hath been used notwithstanding this Act. LXXVI The King may within seven years dissolve Boroughs in Wales and erect others there by his Letters Pattents LXXVII Officers certain fees appearing in the Kings Letters Pattents shall continue but not their casual fees claimed by colour of their offices any Custome in Wales or this Act to the contrary notwithstanding LXXVIII Each Justice shall also have a judicial seal to seal all bills and judicial processes sued before them in the Sessions whereof the first shall remain with the Justice of Chester for Flint Denby and Mountgomery The second with the Justice of North Wales The third with the Justice of Glamorgan Breknoke and Radnor And the fourth with the Justice of Pembroke Caermarthen and Cardigan Also every such Justice shall accompt and answer to the King the profits of the seal in his custody as shall be hereafter declared And the Teste of every bill and process that passeth under such seal shall be under the name of the Justice that issueth it out as is used in the Common-Pleas in England LXXIX All Actions real
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
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
16 Gaol-delivery Justices of G. D. Garnishment Deceipt 3 Gavel-kind Forfeiture 4 Wales 148 Gauging Pag. 262 Weights 50.60.65.66 General Issue Evidence 1 Gigmils Pag. 264 Girdles Cordwainers Glamorgan Sewers 34 Glass-men Vagabonds 15.22 Glocester Forfeiture Gold Silver and Goldsmiths Pag. 264 Grafton Honours Grants Pag. 268 Greenwax Estreats 8. Sheriffs 4. Green-hue Forrests 16.22 Guilds and Fraternities Monasteries Guns Gunners Cross-Bows Gun-powder Pag. 268 Gun-powder Treason Service and Sacraments H. HAbeas Corpus Corpus cum causa Hadenham in the Isle of Ely Appropriations 2 4. Hampton Court Honours Hand-guns and Haque-buts Playes Handy-crafts Artificers Hats and Caps Pag. 268 Norwich 4 c. Havens and Kivers Pag. 270 Approvements 11. Customs 13 Newcastle Weares Hawks and Hawkins Pag. 272 Feasants Fish 42. Forests 13. Heirs Admeasurement of Dower Age. Courts 22. Debt to the King 21 c Dower 6 Mortdancester Prochein Amy. Hemp. Flax. Herrings Clapboard 5. Fish Herens Hawks Heramshire Pag. 272 Hides Cordwainers Hearth-money vid. King Numb 9. Highwaies Pag. 272 Banks 6 Robberies 7 8. Holborn Paving Holy-dayes and Fasting-dayes Pag. 280 Cordwainers 44 Ships 27 c. 5. Homage and Fealty Pag. 281 Honours Pag. 281 Honey Forests 13 Wax 7 c. Hops Pag. 282 Horners Pag. 282 Horses Mares and Cattell Pag. 283 Fairs 12 c. Hospitalls and Hospitallers Pag. 285 Election First-fruits 45 Templers Hounslow-heath Pag. 288 House-breaking Clergy 40. Houses of Religion Monasteries Houses of Correction Hospitals Poor people Vagabonds 1 5 13 26 c. Hoyes Ships 14 22 53. Hull Pag. 289 Ships 18 Hundreds Pag. 289 Sheriffs Hunters Hunting Pag. 289 Feasants 11 12 Fish 42 Forest Husbandry Tillage Pag. 291 Hue and Cry Robbery Jane Dudley Deeds and Writings I. IDentitate nominis Pag. 291 Ideots Escheators 40 Fools Ieofail Pag. 291 Repleader Jesuits and Seminary Priests Crown 53 c. 82 Isse of Wight Pag. 292 Images Books Importation Drapery 1. 50 Imprisonment Prison Incontinency of Priests Pag. 293 Incumbent Pag. 293 Parson Indicavit Pag. 293 Indictments Pag. 293 Certificate of the c. Clergy 8 Demurrers 2 Process Infants Crowns 90 c. 137.139 Fines 17 c. Infections Pag. 294 Informers Pag. 295 Actions popular Inholders Alehouses Victuallers Inmates Cottages Inns of Court and Chancery Crown 27 Inrollments Pag. 296 Error 9 10. Grants Felony 23 Installments Mortmain 10 Intrusion Pag. 296 Inventory Administrators Executors Invasion Armour 2 Joynt-Tenants and Tenants in Common Assises 13 Essoin 5 Partition Suit 5 Ipswich Pag. 297 Ireland Pag. 297 Staple 4.26 Iron Pag. 299 Woods 17 c. Journey-man Corporation I Iudgment Pag. 299 Demurrers Error Felony 23 Iudicial proceedings Pag. 299 Iurisdiction Pag. 300 Iuris utrum Pag. 300 Assises 14 Discontinuance of process 3 Essoin 4 Iurors Pag. 300 Attaint 15 c. Attorney Challenge Cross-bows 12 Decies tantum England and Scotland 4.13 Escheators 2.8.23 Essoyn 2 Execution of Statutes Fish 38 c. Forcible Entry 5 Forrests 35 Indictments Informers 4 Lancaster Pannel Sheriffs 27.71 c. Triall Staple 19 Wales 5. Iustice and right and Iustices Pag. 306 Accusation 1 c. Armour Distresses 4 Merchants Staple 14 Iustices in Eyre Pag. 307 Atturney 3 Treason 1 Iustices of Assise Pag. 308 Aliens 14 Armour 4 Commission 1 Cordwainers Corn 9 Coroner 9 Corporation 1 Cottages Counterfeit Letters Crown Discontinuance of Process Felony Feasants Fines 15 Forger of false Deeds High-wayes Jurors Justice 5 Justices of Goal-delivery Labourers Linnen cloth Liveries Mouy 30 Musters Nisi prius Non-suit Offices 11 Parliament Perjury Playes Prison Prophesies Records Return of Sheriffs 10 Riots Robberie Service and Sacraments Treason 1 Usury Wines Women 8 Iustices of both Benches Pag. 309 Attorney 3 c. Books 4 Chancery Commission 1 2 Crown 19 63 Error Escheators 1 Execution of Statutes Executors 9 10 11 Justice Nisi prius Offices 11 Parliament Prison Robbery Sewers 7 Sheriffs 7 Treason ◠Usury Wines Iustices of Coal-delivery Pag. 310 Actions popular Cordwainers Crown 44 c. Discontinuance of Process 6 7 Felony Justice 5 Justices of Assise 5 6 10 Murder Panel Parliament Perjury Playes Prison Records Robbery Ships 47 Treason 1 Wales Justices of Oyer and Terminer Oyer and Terminer Crown 46 Discontinuance of process Exigent 3 Forger of false Deeds High-wayes Justices of Peace 4.22 Labourers Linnen cloth Prophesies Records Robberies Service and Sacraments Treason 1 Usury Iustices of Peace Pag. 310 Actions popular Ale-houses Armour Arrow-heads Banks 3 Bastardy 3 c. Brass c. Butter Calves 3 c. Captains Chester 2 c. Clergy 16 Clerk of the Market Commission 2. Cordwainers Corn Coroner 9 Cottages Counterfeit Letters Coopers Cross-bows Crown Discontinuance of process 1 Drapery 18 48 49 68 114 116 142 209 229 234 c. 247 291 297. England and Scotland Escheators 18 Fairs and Markets 15 19 Felony Feasants Fines 16 Fish 23 c. Forcible Entry Forestallers Franchises 26 Fuel Gold Havens 3 High-wayes Holy dayes Horses Hunters Indictments Informers Ireland 15 Justices of G. D. Labourers Linnen clolh Mainprise Malt Money 30 41 Musters Nisi prius 6. Panel Parliament Severn Paving Perjury Physicians 27 Plague Playes Poor people Prison Processes Prophesies Riots Robberies Service and Sacraments Sewers 12.37 Sheep Sheriffs 49 c. Ships 4 Swearing and cursing Ties Tindale Tithes Trespass Vagabonds Victual Victuallers Uniuersities Usury Wales Watches Wax Weares Weights Wild-fowl Wines Woolls 25 Justices of the Forests Forests K. KEepers of the Great Seal of England Pag. 313 Kerseys Drapery King Pag. 313 Advowson 10 11 12. Challenge Courts Crown Damages 12 Debt to the King Discontinuance of process 2 Essoin 13 False Judgment Fools Forfeiture Franchises Justice Patents Treason Kings-Bench Attaint 47 Exigent 3 Treason 10 13 Kings Letters Excommunication 2 Knights Pag. 320 L. LAbourers Servants and Apprentices Pag. 321 Actions popular 9 Cordwainers 26 Crown 119 Drapery 47 48 49 201 Hats and Caps 1 Iron Merchants 86 Lancaster Pag. 327 Certificate of the c. 5. Crown 8 Courts 27.29.32 Exigent 15 Fines 31 First-fruits 44 Hospitals 16 c. Justices of Assise 16 Wales 149.152 Latten Brass Lead Merchants 18 21. Staple Leagues and Truce Breakers of Leagues and Truce Leap-year Dayes in Bank 1. Leases Pag. 328 Leather Pag. 332 Action popular 10 Cordwainers Merchants 18 21 Staple 4 22 c. Taxes 4 Wooll Lée-River Pag. 332 Chelsey Leet Pag. 332 Cottages 2 3. County Cross-bows Crown 27 Drapery 48 49 Letters of Mart Merchants 24 Letters Patents Patents Lewes County 5 Libell Pag. 333 Liberty Accusations Amerciaments 1 Liberties Franchises Limitation Pag. 333 Lincoln Attaint 11 12 Linne Pag. 336 Approvements 11 Worsteds Linnen cloth Pag. 336 Livery and Ouster le main Pag. 336 Liveries of Companies Retainers Pag. 337 Loan Taxes Lockeram Linnen cloth London Pag. 337 Attaint 18 c. 53 54 Butchers Butter 4 Captains 38 Challenge 3 Cordwainers 39 c. Damages 5 Debt 6. c. Franchises 23 36 Fustians Jurors 18 c. Monopolies 6 Paving Reccit Sewers 42
the Exchequer 15 E. 2. Estreats Prerogativa Regis 17 E. 2. 1 Wards 2 Wards 3 Primer Seisin 4 Women c. 5 Partition 6 Wards 7 Alienation without licence 8 Advowson 9 Fools Lunaticks c. 10 Fools Lunaticks c. 11 Wrcek 13 Intrusion 14 Forfeiture 15 Patents 16 Forfeiture The Statute of Homgae 17 E. 2. Homage A Statute for Templers 17 E. 2 Templers View of Frankpledge 18 E. 2. Leet A Statute for the Oaths of the King Bishops c. Oath Ne rectores prosternant c. Church-yards Articles upon Money Money A Statute for Iustices of Assise Justices of Assise A Statute for Eels and Perches Weights A Statute for Chattels of Felons Forfeiture Statutes of 1 E. 3. Stat. 1. 4 False Judgment 5 Return of Sheriffs 6 Attaint 7 Prison c. 8 Forests 1 E. 3. Stat. 2. 1 Forests 2 Bishops Forests 5 Armour 6 Taxes 7 War 8 Beau-pleader 9 Franchises 10 Monasteries 11 Prohibition 12 Tenure 13 Tenure 14 Maintenance 16 Justices of Peace 17 Indictments 2 E. 3. 1 Confirmation 2 Justices of Gaol-Delivery Oyer Terminer Pardon 3 Armour 4 Sheriff 5 Return of Sheriffs 6 Peace 7 War 8 Justice and right c. 9 Staple 11 Adjornment 12 Sheriff 15 Fairs and Markets 16 Nisi prius 17 Deceit 4 E. 2. 1 Confirmation 2 Justices of G.D. 3 Purveyors 7 Executors 9 Sheriff 10 Sheriffs 11 Nisi prius 12 Wines 13 Pardon 15 Parliament 15 Sheriffs 5 E. 3. 1 Confirmation 2 Error Marshalsey Purveyors 4 Sheriffs 5 Fairs and Markets 6 Attaint 7 Attaint 8 Prison c. 9 Accusation 10 Jurors 11 Process 12 Exigent and Utlawry 13 Exigent and Utlawry 14 Robberies 9 E. 3. Stat. 1. 1 Marcâ—ant 2 Non-plevin 3 Executors 4 Triall 5 Records 9 E. 3. Stat. 2. 1 Money 2 Money 3 Money 4 Money 5 Money 6 Money 7 Exchange 8 Prison 9 Money 10 Money 11 Money 12 Excommunication 10 E. 3. Stat. 1. 1 Confirmation 2 Pardon 3 Pardon 10 E. 3. Stat. 2. Of Purveyors 2 Marshalsey 3 Error 11 E. 3 3 Drapery 5 Drapery 14 E. 3. Stat. 1. 1 Confirmation Franchises 4 Englishire 5 Judgment 6 Amendments 7 Sheriff 8 Escheators Coroners 9 Sheriff 10 Prison c. 11 Recognizance c. 12 Weights 13 Wards 14 Aide of the King 15 Pardon 16 Nisi prius 17 Paâ—sâ—n c. 18 Voucher 19 Purveyors 21 Customs c. 14 E 3. Stat 2. 2 Merchants 14 E. 3. Stat. 3. 1 Purveyors 3 Bishops 4 Vacations of Bishopricks 5 Vacations of Bishopricks 14 E. 3. Stat. 4. 1 That England shall not be subject to France Crown 18 E. 3. Stat. 1. 1 Exigent and utlawry 18 E. 3. Stat. 2. 2 Justices of Peace 3 Sea 5 Exigent and utlawry 6 Money 7 War 18 E. 3. Stat. 3. 3 Clergy Mortmain 4 Purveyors 5 Prohibition 6 Ordinaries 7 Titles 8 Justice and right c. 18 E. 3. Stat. 4. 1 Justice c. 2 Clerks of the Chancery 20 E. 3. 1 Justice and right c. 2 Justice and right c. 3 Justice and right c. 4 Maintenance 5 Maintenance 6 Justices of Assise 23 E. 3. 6 Victuall c. 25 E. 3. Stat. 2. 1 Ability 25 E. 3. Stat. 3. 1 Franchises 2 Franchises 3 Advowson 4 Clergy 5 Clergy 6 Bishops 7 Advowson 8 Jurisdiction 9 Ordinaries 25 E. 3. Stat. 4. 1 Drapery 2 Merchants 4 Wears 25 E. 3. Stat. 5. 2 Treason 3 Jurors 4 Accusation 5 Executors 6 Purveyors 7 Forests 8 VVar 9 VVeights 10 VVeights 11 Reasonable aide 12 Exchange 13 Money 14 Indictments 15 Purveyors 16 Non-Tenure 17 Process 18 Villenage 19 Protection 20 Money 21 Butler of the King 22 Proviso 25 E. 3. Stat. 6. 1 Proviso 27 E. 3. Stat. 1. 1 Proviso 2 Pardon 4 Drapery 5 Wines 8 Gauging 27 E. 3. Stat. 2. 1 Staple 2 Merchants 3 Merchants Wooll 4 Staple 5 Staple 6 Staple 7 Staple 8 Staple 9 Staple 10 Weights 11 Merchants 13 Merchants 14 Gold Silver c. 15 Staple 16 Staple 17 Merchants 18 Staple 19 Staple 20 Staple 21 Staple 22 Staple 23 Staple 24 Staple 25 Staple 26 Merchants 27 Staple 28 Monasteries 28 E. 3. 1 Confirmation 2 Wales 3 Accusation 4 Livery c. 5 Iron 6 Coroner 7 Sheriff 8 Attaint 9 Sheriff 10 London 11 Robberies 12 Purveyors 13 Staple 31 E. 3. Stat. 1. 1 Confirmation 2 Wooll 3 Forfeiture 4 Probate of Test 5 Gauging 8 Wooll 9 Wooll 10 Victuall c. 11 Administrators 12 Error 14 Escape 15 County and Turn 31 E. 1. Stat. 2. 1 Fish Fishers c. 2 Fish Fishers c. 3 Fish Fishers c. 31 E. 3. Stat. 3. 1 Fish Fishers c. 2 Fish Fishers c. 34 E. 3. 1 Justices of Peace 2 Purveyors 3 Purveyors 4 Jurors 7 Attaint 8 Jurors 12 Forfeiture 13 Escheators 14 Escheators 15 Tenure 16 Fines 17 Ireland 18 Ireland 19 Wooll 22 Hawks 35 E. 3. 1 Fish Fishers c. 36 E. 3. 1 Confirmation 2 Purveyors 3 Purveyors 4 Purveyors 5 Purveyors 6 Purveyors 9 Chancery 10 Parliament 11 Wooll 12 Justices of Peace 13 Escheators 15 Declaration Pleading 37 E. 3. 1 Confirmation 2 Identitate nominis 4 Exchequer 7 Gold Silver c. 16 Wines 17 Villenage 18 Accusation 19 Hawks 38 E. 3. Stat. 1. 1 Confirmation 2 Merchants Money 3 Fines 4 Obligations 5 Wager of Law 6 Wooll 7 Staple 8 Ships 9 Accusation 10 Wines 11 Wines 12 Decies tantum 42 E. 3. 1 Confirmation 3 Accusation 4 Commission c. 5 Escheators 9 Estreats Sheriffs 10 Ability 11 Panell 43 E. 3. 1 Wooll 2 Wines 3 Butler of the King 45 E. 3. 1 Confirmation 2 Wears 3 Prohibition 4 Wooll 50 E. 3. 1 Confirmation 2 Confirmation 3 Arrests 4 Prohibition 5 Arrests 6 Fraudulent Conveyances 7 Drapery 8 Drapery Stat. of 1 R. 2. 1 Confirmation 2 Peace 3 Purveyors 4 Maintenance 5 Exchequer 7 Liveries of Companies 8 Protection 9 Feoffments 11 Sheriff 12 Debt 13 Dures se 14 Tithes 15 Arrests 2 R. 2. Stat. 2. 1 Merchants 5 News 2 R. 2. Stat. 1. 1 Confirmation 3 Debt 3 R. 2. 1 Confirmation 2 Drapery 3 Proviso 4 R. 2. 1 Gauging 5 R. 2. 1 Confirmation 2 Money 3 Ships 7 Forcible Entry 9 Exchequer 10 Captains c. 11 Exchequer 12 Exchequer 13 Exchequer 14 Exchequer 15 Exchequer 16 Exchequer 5 R. 2. Stat. 2. 1 Merchants 4 Parliament 6 R. 2. Stat. 1. 1 Confirmation Franchises 2 Writs 3 Nusance 4 Inrolments 5 Justices of Assise 6 Rape 7 Wines 8 Ships 9 Victuall c. 10 Victuall c. 7 R. 2. 1 Franchises 2 Confirmation 3 Forests 4 Forests 6 Robberies 7 Nisi prius 8 Purveyors 9 Drapery 10 Assises 12 Proviso 13 Armour 14 Attorney 15 Maintenance 8 R. 2. 2 Confirmation 3 Justices of Assise 4 Recognizance 9 R. 2. 1 Confirmation 2 Villenage 3 Attaint 5 Marshalsey 11 R. 2. 7 Merchants 8 Patents 9 Taxes 10 Seals 11 Justices of Assise 12 R. 2. 1 Confirmation 2 Officers 10 Justices of Peace 11 News 12 Parliament 13
Infections 15 Proviso 16 Staple 13 R. 2. Stat. 1. 1 Incumbent 2 Constable and Marshall 3 Marshalsey 4 Clerk of the Market 5 Admiralty 6 Serjeant at Arms 7 Justices of Peace 8 Victuall c. 9 Weights VVooll 10 Drapery 11 Drapery 13 Hunters and hunting 14 Exchequer 15 Prison c. 16 Protection 17 Receit 18 Attaint 19 Fish Fishers c. 13 R. 2. Stat. 2. 1 Pardon 2 Proviso 3 Proviso 14 R. 2. 1 Staple 2 Exchange 3 Staple 4 Staple 5 Ships 8 Gauging 9 Merchants 10 Customs c. Officers 11 Justices of Peace 15 R. 2. Stat. 1. 1 Confirmation 2 Forcible entry 3 Admiralty 4 Weights 5 Mortmain 6 Appropriations 9 Staple 12 Freehold 16 R. 2. 1 Merchants 2 Drapery 3 Weights 5 Proviso 17 R. 2. 1 Money 2 Drapery 3 Worsteds 4 Malt 5 Officers 6 Accusation 8 Riots c. 9 Fish Fishers c. 10 Justices of G. D. 17 R. 2. 1 Armour 3 Justices of Assise 4 Merchants 5 Horses c. Statutes of 1 H. 6. 1 Confirmation 4 Confirmation 6 Patents 8 Assises 10 Towns 11 Sheriffs 12 Wears 13 Officers 14 Appeals 15 London 18 Chester c. 2 H. 4. 1 Confirmation Franchises 3 Proviso 4 Proviso 5 Money 7 Non-suit 8 Chirographers 10 Clerks of the Crown 11 Admiralty 14 Purveyors 23 Marshalsey 4 H. 4. 1 Confirmation 2 Clergy spiritualty 3 Clergy spiritualty 5 Sheriff 7 Feoffments 8 Assises 9 Commission 10 Money 11 Wears 12 Appropriations 13 War 15 Merchants 18 Attorney 19 Attorney 20 Customs c. Officers Ships 22 Incumbent 23 Judgment 24 Drapery 5. H. 4. 2 Pardon 3 Watches 4 Felony 5 Felony 6 Assault 7 Merchants 8 Wager of Law 9 Merchants 10 Prison c. 11 Tithes 12 Recognisance 13 Gold Silver c. 14 Fines 8 H. 4. 3 Account 4 Merchants 7 H. 4. 1 Confirmation 2 Crown 3 Estreats 4 Protection 7 Arrow-heads 8 Proviso 9 Merchants 11 Commission c. 13 Attorney 15 Parliament 9 H. 4. 1 Confirmation 2 Drapery 4 Wales 5 Conusance 7 Taxes 11 H. 4. 1 Parliament 2 Customs c. 3 Justices of Assise 5 Money 6 Drapery 8 Exchange 9 Indictments 13 H. 4. 1 Confirmation 5 Officers 6 Money 7 Riots c. Statutes of 1 H. 5. 1 Parliament 2 Wears 3 Ireland 4 Sheriff 5 Addition 10 Weights 2 H. 5. Stat. 1. 1 Hospitals c. 2 Corpus cum causa c. 3 Libell 4 Justices of Peace 5 Tindale 6 Breakers of Leagues 6 Riots c. 8 Riots c. 2 H. 5. Stat. 2. 1 Justices of Peace 3 Jurors 4 Gold Silver c. 5 Wales 6 Wooll 3 H. 5. 1 Confirmation 4 Proviso 5 Attaint 6 Money 7 Money 4 H. 5. 1 Confirmation 2 Sheriff 5 Merchants 7 H. 5. 1 Conspiracy 8 H. 5. 2 Wooll 3 Gold Silver c. 9 H. 5. Stat. 1. 1 Conspiracy 4 Amendments 7 Tindale 10 Newcastle 11 Money Statutes of 1 H. 6. 1 Money 2 Purveyors 2 H. 6. 1 Confirmation 2 Hospitals 6 Money 8 Ireland 9 Money 10 Officers 11 Weights 12 Money 14 Gold Silver c. 15 Have is and Rivers 3 H. 6. 1 Masons 2 Sheep 3 Customs c. 4 Butter 4 H. 6. 3 Amendments 6 H. 6. 1 Process 2 Assises 4 Parliament 5 Sewers 8 H. 6. 1 Parliament 3 Sewers 5 Weights 7 Parliament 9 Forcible entry 10 Process 12 Amendments 13 Amendments 14 Riots c. 16 Escheators 22 Wooll 23 Yarn 26 Conusance 27 Passage 28 Bridges 29 Triall 9 H. 6. 4 Identitate nominis 5 Passage 6 Weights 8 Weights 11 Bastardy 10 H. 6. 1 Staple 2 Parliament 4 Apparance 6 Process 8 Justices of the Benches 11 H. 6. 2 Assises 3 Feoffments 4 Attaint 5 Wast 6 Discontinuance of process 8 Weights 9 Drapery 10 Recognisance 11 Assault 12 Wax 15 Customs c. 14 H. 6. 1 Nisi prius 3 Justices of Assise 4 Justices of Peace 5 Wooll 15 H. 6. 1 Marshalsey 3 Safe Conduct 4 Accusation 5 Attaint 8 Ships 18 H. 6. 1 Patents 2 Attaint 3 Butter 5 Collectors 6 Escheators 7 Escheators 8 Safe conduct 9 Apparance 10 Sewers 11 Justices of Peace 12 Conspiracy 17 Gauging 18 Captains c. 19 Captains c. 20 H. 6. 1 Safe conduct 4 Customs c. 5 Customs c. 8 Purveyors 9 Triall 23 H. 6. 1 Purveyors 2 Purveyors 7 Northumberland 8 Sheriff 9 Sewers 10 Sheriff 11 Parliament 13 Victuall c. 14 Purveyors 15 Parliament 16 Gauging 17 Escheators 18 Wines 27 H. 6. 5 Fairs and Markets 28 H. 6. 2 Purveyors 5 Extortion 29 H. 6. 1 York 31 H. 6. 4 Aliens 5 Officers 9 Women c. 33 H. 6. 1 Executors 2 Lancaster 7 Attorney 39 H. 6. 2 Wards Statutes of 1 E. 4. 1 Confirmation 2 Sheriff 3 E. 4. 4 Merchants 4 E. 4. 1 Drapery 3 Horners 7 E. 4. 1 Worsteds 2 Drapery 3 Drapery 5 Tenure 8 E. 4. 3 Jurors 12 E. 4. 1 Sheriffs 2 Bowes 6 Sewers 7 Wears 8 Victuall c. 9 Escheators 14 E. 4. 4 Breakers of Leagues 17 E. 4. 1 Merchants 2 Fairs and Markets 4 Tiles 5 Drapery 6 Sheriff 22 E. 1. 4 Fish Fishers 6 Swans 7 Forest 8 Barwick Statutes of 1 R. 3. 1 Uses 2 Taxes 3 Escape Forfeiture 4 Jurors 6 Fairs and Markets 7 Fines 8 Drapery 9 Aliens Merchants 11 Bowes 12 Merchants 13 VVeights 14 Accompt Statutes of 1 H. 7. 1 Uses 2 Customs c. 4 Incontinency of Priests 7 Felony 3 H. 7. 1 Execution of Statutes Indictments Justices of Peace Murder 2 Felony 3 Mainprise 4 Uses 7 Customs c. 8 Merchants 9 Fairs and Markets 18 Damages and Costs 11 Drapery 14 Felony 4 H. 7. 1 Sewers 2 Gold Silver 3 Butchers 10 Ships 12 Justices of Peace 13 Clergy 14 Seales 15 Havens and Rivers 16 Isle of Wight 17 Wards 20 Actions popular 24 Fines 7 H. 7. 1 Captains 3 Weights 4 Challenge 11 H. 7. 1 Forfeiture 4 Weights 5 Southampton 6 Customes 9 Tindale 11 Worsteds 12 Poor people 13 Houses c. 14 Customs c. 15 Sheriffs 16 Sheriff 17 Feasants and Partridges 18 War 19 Upholsters 20 Discontinuance 21 Attaint 23 Fish Fishers 27 Fustians 12 H. 7. 1 Apprentice 5 Weights 9 Merchants 5 Clergy 19 H. 7. 6 Money 7 Brass 8 Corporation 8 Taxes 9 Process 10 Prison c. 11 Hunters 13 Riots c. 15 Uses 18 Passage 20 Damages and Costs 21 Silk 23 Stiliard 24 County and Turn Statutes of 1 H. 8. 5 Customs c. 7 Coroner 8 Escheators 9 Stanes 10 Escheators 3 H. 8. 5 Captains c. 7 Drapery 8 Victuall c. 11 Physicians 14 Oyl 4 H. 8. 2 Triall 3 Jurors 6 Customs c. 7 Brass 5 H. 8. 2 Drapery 3 Drapery 4 Worsteds 5 Jurors 6 Physicians 6 H. 8. 4 Exigent and Utlawry 6 Prison c. 8 Drapery 9 Drapery 10 Sewers 15 Patents 16 Parliament 18 Sheriff 7 H. 8. 4 Recoveries 14 15 H. 8. 2 Aliens 3 Worsteds 4 English-men 6 High-wayes 10 Hunters and hunting 11 Drapery 12 Money 13 Southamptor 21
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
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
Justices to the Churchwardens or Overseers of the poor if not paid within ten dayes V. All Deanes Canons Prebendaries Masters Fellows of Colledges c. Parsons Vicars Lecturers Schoolmasters c. enjoyned to take and subscribe the Declaration following J. A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that trayterous position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare that I do hold there lies no obligation upon me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of the Kingdom The same shall be subscribed by the Heads of Colledges c. in the Universities before the Vicechancellor or his Deputy And before the Archbishop or Ordinary of the Diocess by every other person upon pain of forfeiture and loss of their places as if dead VI. Schoolmasters or Tutors that shall teach any youth in any private house without licence from the Archbishop or Ordinary of the Diocess shall for the first offence suffer 3 months imprisonment for every second or other 3 months imprisonment and forfeit 5 l. VII Every Parson Vicar Curate and Lecturer after subscription made shall procure a Certificate under the hand and seal of the Archbishop Bishop or Ordinary of the Diocess and publickly read the same together with the said Declaration upon some Lords day within 3 months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain of being deprived ipso facto and his place void as if dead VIII After the 25th of March 1662. the words following part of the Declaration shall be omitted viz. And I do declare that I do hold there lies no obligation on me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of this Kingdom and none shall thenceforth subscribe or read the same IX No person not ordained according to the form of Episcopal Ordination shall hold any Benefice with cure or Ecclesiastical promotion nor be capable of any such benefice nor administer the Sacrament not being ordained a Priest according to the form of the foresaid Book upon pain to forfeit for every offence 100 l. one moyety to the King the other moyety to the party that will sue for the same X. Provided the penalties in this Act extend not to Aliens of foreign reformed Churches allowed by the King XI Provided no title of laps accrue by any avoidance or deprivation by this Act but after 6 months after notice given by the Ordinary to the Patron or such sentence of deprivation openly read in the Parish Church becoming void by this Act. XII No other Form of Common Prayer shall be used in any Church Chappel or publick place Colledge or Hall of the Universities And all Governors and Heads of Colledges in the Universities shall within a month after admission to his place openly in the Church Chappel or publick place of the Colledge in the presence of the Fellows and Scholars of the same subscribe the 39 Articles of Religion mentioned in the Stat. 13 El. Ca. 12. and declare his approbation of the said Book of Common Prayer And all the said Governours or Heads shall read the morning Prayer according to the said Book once every quarter publickly in their Church Chappels or other publick place upon pain of suspension for 6 months from their place and if he shall not subscribe to the said Articles and Book within the said 6 months then the place to be void Provided the said Book may be used in Latine in Colledges XIII None shall preach or read as a Lecturer without Licence of the Archbishop or Bishop of the Diocess And all Lecturers shall declare their consent to the 39 Articles aforesaid and shall openly read the Common Prayers and declare their approbation thereof and shall read the same the first Lecture-day of every month and after reading declare their approbation thereof upon pain to be disabled to preach or read any Lecture until he shall conform XIV Provided it shall suffice that Lecturers in Cathedral Churches only declare their assent to the said Book XV. If any person so disabled shall preach any Lecture or Sermon the person so offending shall suffer 3 months imprisonment in the common Goal And any two Justices of the Peace and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place made to him or them of the offence committed shall commit the person offending to the Goal accordingly XVI The Common Prayer shall be read before every Sermon or Lecture and the Lecturer that shall preach shall be present at the same Provided this Clause extend not to Sermons or Lectures preached as publick University Sermons XVII The several Laws and Statutes formerly made for uniformity of Prayer and now in force shall be put in ure for punishment of offences against the Book established by this Act 1 El. Ca. 2. 23 El. Ca. 1. Proviso the names of the King and Queen be fitted in the Prayers Letanies and Collects according to the present occasion XVIII The Books of Common Prayer shall be provided by every Parish Chapelry Cathedral Church Colledge and Hall upon penalty of 3 l. a month for lack thereof for every month after St. Bartholmews day 1662. XIX Provisoe that the Bishops of Hereford St. Davids St. Asaph Bangor and Landoff do take care for translating the said Book into the Welsh Tongue for Printing and providing the same in every Parish there XX. True Copies of the said Book of Common Prayer shall be exemplified under the great Seal of England and kept in the several Courts of Westminster and Tower of London to be produced and shewed forth in Court as need shall be XXI Provided this Act be not prejudicial to the Kings Professor of Law in the University of Oxford concerning the Prebend of Shipton in the Cathedral Church of Sarum united to the said Professors place by King James XXII Proviso whereas the clause in the 36th Article mentions the Book established by K. E. 6. It shall extend to the Book of Common-prayer established by this Act. See the precedent Laws of this matter Title Crown and Title Service and Sacraments XXIII Stat. 15. Car. 2. Ca. 6. Stat.
XXI The Justices impowred to appoint a Treasurer to receive the said moneys and make payment thereof according to their orders and may agree and article with persons by them employ'd and take security of them for safe-guarding the said Counties XXII If any persons imployed in Border-Service upon this Act shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers they shall be uncapable of being imployed in the said service and further fine and imprisonment as the Justices shall think fit XXIII The Justice may lessen the charge if they see cause this Act to continue 5. years The Stat. 4 Jac. cap. 1. 7 Jac. cap. 1. touching tryal of offenders flying out of England into Scotland et è contra revived and to be put in execution ☞ Rome * I. Stat. 25 H. 8.19 The Convocation shall be assembled by the Kings Writs and shall not enact any Constitutions or Ordinances without the Kings assent II. No Canons shall be executed which be repugnant to the Kings Prerogative or to the Customs Laws or Statutes of this Realm III. There shall be no appeals to Rome but from henceforth they shall be according to the Statute of 24 H. 8.12 Which see in Appeals to Rome IV. Appeals from the Courts of Archbishops of this Realm shall be to the King in his Chancery out of which shall thereupon issue out a Commission under the Great Seal to certain persons to be named by the King who shall thereby have power to hear and definitively to determine all such appeals and the causes concerning the same and from whose decree or sentence therein there shall be no farther appeal V. If any sue for an Appeal to Rome he shall incur a Praemunire but this is made Treason by 13 El. 2. which see in Crown VI. Appeals from places exempt which were before to the See of Rome shall be henceforth into the Chancery and shall be determined before the Commissioners as aforesaid VII Provided That all Canons Constitutions Ordinances and Synodals Provincial not repugnant to the Kings Prerogative nor to the Customs Laws or Statutes of this Kingdom shall be still used and executed notwithstanding this Act. * VIII Stat. 25 H. 8.20 No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop neither shall Annates or First-fruits be paid to the same See IX Concerning the Election of Archbishops and Bishops the King may send to the Prior and Covent or Dean and Chapter of the place shall be void his Letters missive containing his conge d'eslire or license to elect the person named in the said Letters missive which person they are to choose for their Archbishop or Bishop and none other X. In case they fail to make election accordingly the King shall nominate such an Archbishop or Bishop by his Letters Patents and if it be a Bishop he shall present him to the Archbishop or in case that See be then void to any other Archbishop within his Dominion but if it be an Archbishop then to an Archbishop and two other Bishops or else to four other Bishops to be nominated by the King XI When any Archbishop or Bishop is elected or presented as aforesaid they are in due form to be invested and consecrated viz. a Bishop by the Archbishop of that Province or in case of vacation by any other within the Kings Dominions and an Archbishop by some other Archbishop ond two Bishops or else by four Bishops without suing for any Bulls Letters or other things from the See of Rome for the same And such Archbishop or Bishop betwixt his election and consecration shall be called the Lord Elect of such a Dignity XII Such election or presentment of an Archbishop or Bishop shall be lawful and make them capable to do and execute all things that concern the said Dignities XIII If the Prior and Covent or the Dean and Chapter within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election and certifie the same to the King or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated as aforesaid do not perform the same accordingly within 20 days after such presentment or if any person or persons de admit obey or execute any Censures Excommunicotions Interdictions Inhibitions or any other Process or Act in derogation of this Act that then all and every person and persons offending shall incurre a Praemunire XIV Stat. 25 H. 8.21 No imposition shall be paid to the Bishop or See of Rome neither shall any person sue for any dispensation or license to the Bishop of Rome XV. The Archbishop of Canterbury may grant dispensations to the King and likewise licenses to all others of things formerly used to be licensed Howbeit of causes not used to be licensed no dispensations shall be granted without the approbation of the King and his Councill XVI Here Licenses of things whereof the tax did heretofore extend at Rome to 4 l. shall be also confirmed by the Kings Great Seal and likewise enrolled in Chancery by a Clerk thereto appointed but all others may be granted by the Archbishop without such confirmation unless the party desire to have it enrolled and then the Fee for the Seal shall be 5 s. and not above And all Acts done by such licenses shall be good in Law XVII All children procreated after Marriage to be had or done by such licenses or dispensation shall in all Courts be admitted Legtiimate and Inheritable XVIII There shall be a Clerk assigned by the Archbishop to register Dispensations and another by the King to enroll Confirmations XIX There shall be two Books made wherein the taxes of Dispensation shall be written whereof the one shall remain with the said Register of the Dispensations and the other with the said Clerk of the Confirmations XX. None shall pay for dispensation greater taxes then shall be set down in the said Books and if any Officer takes more he shall forfeit ten times so much to be divided betwixt the King and the prosecutor Howbeit where they are Arbitrary the Archbishop and the Lord Chancellor and Keeper shall rate them and here also is set down how the money received shall be divided For which see the Statute at large XXI This Act shall not inhibit the Archbishop of York nor other Bishops to dispence as they were wont to do by the Common Law and custome of this Realm XXII During the vacation of the See of Canterbury the Guardian of the Spiritualities shall grant Dispensations Here is also a remedy provided where the Archbishop or Guardian refuse to grant Dispensations viz. by a Commission from the King to impower two other Prelates to perform the same For which see the Statutes at large XXIII All Religious Houses heretofore exempt from the Visitation of the Archbishop shall still remain so notwithstanding this Act and shall be under the Visitation of