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-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
he is so received until final judgment given to the demandant III. Here if the demandant recover the defendant shall be grievously amerced and if he have not whereof he shall suffer imprisonment at the Kings pleasure but if he can prove his right he shall go quit IV. Stat. 13 R. 2.17 If any tenant for life in Dower by the Law of England or in tail after possibility of issue extinct be impleaded and he in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the Action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the Law without any delay whatsoever of either side And therefore here dayes of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two adversaries V. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgment pass for the demandant against them in the reversion as well as where the receit is counter-pleaded as where it is granted Residence * I. Artic. Cler. 8. 9 E. 2. Such Clerks as attend in the Kings service if they offend shall be corrected by the Ordinaries as others be Howbeit so long as they be imployed about the Exchequer they shall not be bound to keep residence in their Churches To this was added by the Kings Council The King and his Ancestors time out of mind have used that Clerks who are imployed in his service during the time they are so in his service shall not be compelled to keep residence in their Benefices and such things as be thought necessary for the King and Common-wealth ought not to be prejudicial to the Church * II. Stat. 21 H. 8.13 No spiritual person shall take to farm to himself or to any other for his use any lands or other hereditament for life years or at will in pain to forfeit ten pounds for every month he so continues the same to be divided betwixt the King and the prosecutor III. This Act shall not extend to any spiritual person for taking to farm any temporalities during the time of vacation of any Archbishopricks Bishopricks Abbeyes Priories or Collegiate Cathedral or Coventual-Churches nor to any such person who shall terder or make any traverse upon any Office concerning his Freehold IV. No spiritual person shall by himself or any other for his use buy to sell again for profit any cattel victual or Merchandize whatsoever in pain to forfeit treble the value thereof to be divided betwixt the King and the prosecutor and every such bargain shall be void V. Howbeit a spiritual person may buy horses Mares Cattel or other goods for his necessary use and imployment and in case they happen not fit for his turn may sell them again so as this be done without fraud or covin VI. Also Abbots Priors Abbesses Prioresses Provosts Presidents and Masters of Colledges and Hospitals and all other spiritual Governours and Governesses of any Houses of Religion lands of the yearly value of 800 Marks or under may use and occupy so much thereof for the maintenance of their houses as they or any of their Predecessors have done within 100 year last past notwithstanding this Act. VII Likewise Spiritual persons not having sufficient Glebe or Demesne lands in right of their Churches or houses may notwithstanding this Act for the only expences of their houses and for their carriages and journeyes take in farm other lands and buy and sell corn and cattel for the only manurance and pasturage of such Farms so as if it be done for such purposes only without fraud or covin VIII If any person having a Benefice with cure of Souls being of the yearly value of 8 l. or above accept another with cure of Souls and be Instituted and Inducted in possession of the same immediately upon such possession thereof the first Benefice shall be adjudged void and then it shall be lawful for the Patron thereof to present another as if the Incumbent had dyed or resigned any license union or other dispensation to the contrary notwithstanding IX Every license union or other dispensation obtained contrary to this Act shall be void And none shall obtain from Rome or elswhere any license union toleration or dispensation to receive any Benefice with Cure in pain of 20 l. to be divided betwixt the King and the Prosecutor X. Provided that every Spiritual person of the Kings Council may purchase license or dispensation to keep three Benefices with Cure and the Chaplains of the Kings Queens the Kings Children Brethren Sisters Unkles or Aunts may so keep each of them two XI Also an Archbishop and Duke may have each of them six Chaplains a Marquess and Earl five a Viscount and other Bishop four the Chancellor every Baron and Knight of the Garter three Every Dutchess Marchioness Countess and Baroness being Widows two the Treasurer and Comptroller of the Kings House the Kings Secretary and Dean of his Chappel the Kings Almoner and Master of the Rolls each of them two And the Chief Justice of the Kings Bench and Warden of the Cinque-ports each of them one And each of the aforesaid Chaplains may purchase license or dispensation to keep two Benefices XII Likewise the brethren and sons of Temporal Lords born in wedlock may purchase such license or dispensation to keep as many Benefices with Cure as the Chaplains of a Duke or Archbishop and the brethren or sons born in wedlock of every Knight may keep two XIII Provided that the aforesaid Chaplain shall exhibit where need shall be Letters under the Sign or Seal of the King or other their Lord and Master testifying whose Chaplains they be or else not to enjoy such plurality of Benefices XIV A so Doctors and Batchelors of Divinity Doctors of Law and Batchelors of Law-Canon admitted to their degrees by any of the Universities of this Realm and not by Grace only may purchase such license to keep two Benefices with Cure XV. And because Archbishops must use at consecration of Bishops eight Chaplains and Bishops at giving of Orders and Consecration of Churches six every of them may have two Chaplains over and above the number limited XVI Every Spiritual person that is advanced by colour of this Act to keep more Benefices with Cure then is abovelimited shall incur the penalty above provided by this Act. XVII Every Spiritual person promoted to any Arch-Deaconry Deanary or Dignity in a Monastery or Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall
Attaint 23 H. 8.3 Page 33 34 35 Attorney who may make one Merton c. 10. 20 H. 3. West 2. c. 10. 13 E. 1. 7 H. 4.13 Page 35 36 Who may be an Attorney and his duty 4 H. 4.18 3 Jac. 7. and fees 32 H. 8.30 Page 36 37 Avowry what where and by whom to be made 21 H. 8.19 Page 37 Attainder and cause of it c. Certificate thereof by whom to be made 34 H. 8.14 Page 68 69 Appear who may be cited to appear out of his Diocess and who may not 23 H. 8.9 Page 73 74 Assizes where in assizes names are inserted by collusion to exclude from conusance the Assises shall abate 9 H. 4.5 8 H. 6.26 Page 86 Ayel and Besayel what West 2.26 13 E. 3. Page 98 Allegianee The Oath of allegiance by whom and to whom to be administred 3 Jac. 4. 7 Jac. 6. pag. 121 ad 126 129 130 131 Action against a Justice of Peace c. where it must be brought and what costs shall be recovered in the same 7 Jac. 5. 21 Jac. 12. Page 205 Assurance fraudulent assurances of Lands and Goods where void 50 E. 3.6 13 El. 5. Page 258 259 Annoyance who is guilty of annoyance how he shall be punished and by whom 12 R. 2.13 Page 294 Abbots how Trespasses done to them shall be answered for Marl. 28. 52 H. 3. Page 372 Amie Prochein amie what he may do in behalf of an heir West 1.47 West 2.15 Page 445 Aid reasonable aid to make the Kings eldest son a Knight c. whence raised and of what value West 1. 35 E. 1. 25 E. 3. Stat. 5.11 Page 459 Arms Sergeant at Arms how many there shall be and their duty 13 R. 2.6 Page 496 Ashes white ashes may not be exported and if they be the penalty thereof 2. 3 E. 6.26 Page 638 Abate where and in what case a Writ shall abate West 2.24 13 E. 1. Pars inde West 2.49 6 R. 2. Stat. 1 2. Page 664 B. BAnks who shall be distrained to make them Mag. Chart. 9 H. 3.15 and who defend them ibid. 14. pag. 37 Banks of the Sea who are to be charged towards their repair and how who to order and survey the same 27 El. 24. Page 37 38 Bankrupt who how to be ordered and by whom 34 H. 8.4 13 El. 7. 1 Jac. 15. 21 Jac. 19. 14 Car. 2. Page 38 39 41 42 Berwick the Liberties and priviledges thereof 22 E. 4.8 1 Jac. 28. Page 42 Bastard who is a Bastard Merton c. 9. 20 H. 3. ib. Who shall certifie Bastardy and when 9 H. 9.11 Page 43 Mother of a Bastard child how punishable and by whom 18 E. 3. ibid. Beaupleader no Fines for fair pleading Merton cap. 11. 52 H. 3. West 1. c. 8. 3 E. 1. 1 E. 3.8 ibid. Benevolence granted to the King 13 Car. 2. cap. 4. pag. 44 Bishop Temporalties of a Bishop not to be seised by the King 1 E. 3. Stat. 2. c. 2. 14 E. 3. Stat. 3. Pro Clero c. 3. 25 E. 3. Stat. 3. Pro Clero c. 6. Page 44 Bishops Suffragans where placed by whom made their power 26 H. 8.14 Page 44 45 Bishops by whom to be made the form of their consecration c. 1 E. 6.2 3 E. 6.1 1 2 P. M. 8. 8 El. 1. 5 6 E. 6.1 Page 45 46 Books who may buy and sell them and in what manner and who may qualifie their prices 25 H. 8.15 ibid. Bowstaves how and by whom to be brought into this Realm 12 E. 4.2 1 R. 3.11 13 El. 14. Page 47 Bowyer his Trade and the prices of Bows 8 El. ibid. Brass who may change it where and when who work it 19 H. 7.6 who buy and sell it 25 H. 8.9 Page 47 48 None may export it and if they do the penalties for the same 33 H. 8.7 2 3 Ed. 6.37 Page 48 49 Bridges Burford Bridge when made 8 H. 6.28 Page 51 Who are to inquire of the annoyances of Bridges c. and their power therein 22 H. 8.5 ibid. Severall Statutes for the building and repairing divers Bridges 18 El. 17.20 23 Eliz. 11. 27 El. 25. 39 El. 23 24. 43 El. 16. 3 Jac. 23 24. 1 H. 8.9 14 Car. 2. cap. 6. Page 51 52 Brokers their duty what makes a good sale to them 1 Jac. 11. Page 52 Burning burning Carts or wood the punishment 37 H. 8.6 Page 53 Barking of trees the punishment 37 H. 8.6 ibid. Butcher his duty and for neglect his punishment 31 E. 1.7 4 H. 7.3 15 Car. 2. cap. 8. ibid. Butter and Cheese by whose order it may be exported 3 H. 6.4 18 H. 6.3 Page 54 Who may buy it to sell again 3 4 Ed. 6.21 21 Jac. 22. ibid. Butter the packing thereof contents of the Kilderkin and marks thereof and punishment for false packing c. 14 Car. 2. cap. 26. Page 54 55 Boots shooes c. not to be transported 5 H. 6.15 Page 88 Barrels c. their content and measure 23 H. 8.4 Page 100 101 Brewer to sell his Beer and Ale as shall be thought fit by Magistrates 23 H. 8.4 ibid. Books Popish may not be sold or brought into England 3 Jac. 5. Page 128 Bayliwicks may not be farmed at over-great sums Art super Cartas 14. 28 E. 1. Page 289 Bribe none shall take money for the report of a cause referred to them by the Judges 1 Jac. 10. Page 307 Bail and Mainprize Who shall be let to bail and who not and who shall take the bail Marlb 52 H. 3.27 West 1.15 3 H. 7.3 1.2 P. M. 13. 2.3 P. M. 10. Page 338 339 340 C. CHildren when and whose inheritable 25 Ed. 3. Stat. 2. 42 E. 3.10 Page 1 Chancellor where the Lord Chancellor may award damages 17 R. 2.6 Page 5 Common Bench how to be removed 2 E. 3.11 Page 7 Court Common-Pleas Court not to be removed without adjournment 2 E. 3.11 ibid. Common of pasture who shall have it and who approve it Merton c. 4. 20 H. 3. West 2. c. 46. 13 E. 1. 3 E. 6.3 43 El. 11. Page 23 24 Cutting of Dams heads of Ponds Conduits Pipes Tongues and Ears the punishment thereof 37 H. 8.6 Page 53 Cables where by whom and of what to be made 21 H. 8.12 35 El. 8. Page 55 Cables Halsers and Ropes where how and of what to be made 21 H. 8.12 35 El. 8. ibid. Cattel who may buy them and where 3 4 E. 6.19 Page 56 Cambridg when paved 35 H. 8.15 Knights of Parliament there how payed 34 35 H. 8.24 ibid. Captain may not detain his Souldiers pay 18 H. 6.18 7 H. 7.1 Page 56 57 ad 68 Captives to be relieved and how 16 17 Car. 1.24 Page 68 Castle Constable of a Castle his duty Magna Charta 19 20. West 1.7 3 E. 1. ibid. Cessavit what by whom maintainable and against whom Gloucest c. 4. 6 E. 1. West 2. c. 21. 13 E. 1. Page 69 Challenge where good
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
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
between the Lord that distraineth and the tenant the Mesne also being of full age and the Tenant Tenant in fee-simple Militia See Captains and Souldiers Numb XXXIX Ministers I. Stat. 12. Car. 2. cap. 17. An Act for confirming some and restoring other Ministers to their Benefices Monasteries Abbeys Priories Colledges Free-Chappels Hospitals Chanteries their Governours and Possessions and also all other Religious persons I. Marlb 28. 52. H. 3. If wrongs or trespasses be done to Abbots or other Prelates of the Church and they dye before Judgment given thereof whether or no the suit be commenced in their life-time yet their successors shall have actions to demand the goods of their Church out of the hands of such trespassers II. The successors shall also have a writ to recover seisin of their lands intruded into in time of vacation and therein damages shall be awarded them as in Assizes of Novel disseisin is used III. West 1.1 3. E. 1. The Peace of the Church and Realm shall be duly kept and Religious houses shall not entertain any at the charge of the house save only the Founders c. neither shall any charge them in pain of imprisonment to make fine and to be otherwise punished at the Kings will IV. No purveyance shall be made of a Prelate without his consent V. The Sheriff shall not ride with above 5 or 6 horse nor indamage Religious persons by lodging too often at their houses or Mannors VI. Artic. Cleri 11. 9. E. 2. Religious houses shal not be charged by compulsion with Corodies Pensions resort or taking of their Horses or Carts upon the pains ordained by the Statute of West 2. VII Stat. 1. E. 3. Stat. 2.10 There shall be no more grants of Pensions Prebends Churches or Corodies at the Kings request by Bishops Abbots Priors Abbesses or Prioresses VIII Stat. 27. H. 8.28 All Monasteries Priories and other Religious Houses of Monks Canons and Nuns which have not above the clear yearly value of 200 l. per annum are given to the King and his heirs to have and hold the same in as large and ample manner as they injoyed them And all grants thereof made or to be made by the King to others are confirmed The right of others having any profit out of the same being saved IX Fraudulent Conveyances made by Governours of such houses within one year next before the making of this Act shall be void Howbeit all Leases upon the accustomed rents and grants of accustomed Offices Fees or Corodies are saved X. All Ornaments Jewels Goods and Debts which they had the first of March 1535 or at any time since are also given to the King XI The King shall have the actual and real possession of the said houses without inquisition of office so that he may lawfully grant them at his will and pleasure XII Cels which are only obediencers to the Abbies and Priories dissolved by this Act shall still remain undissolved notwithstanding this Act The right also of Founders Patrons and Donors is saved XIII Stat. 27 H. 8.27 Pars inde Upon the grant of Abbey Lands in fee a tenure in Capite shall be reserved to the King and also a yearly payment of the tenth part of the yearly value mentioned in the Letters Patents XIV Stat. 31 H. 8.13 The King and his heirs shall have all the Monasteries Abbies Priories Nunneries Colledges Hospitals houses of Friers and other religious houses and places together with their estates which since the 4. of Feb. 27 H. 8. have been dissolved suppressed renounced relinquished forfeited given up or by any other means are come into the Kings hands in as large and ample manner as the Governors thereof held them in right of the said houses XV. All Religious houses dissolved and to be dissolved together with the revenues to them belonging shall be in the actual possession of the King XVI These Abbey lands except such of them as shall come to the King by attainder of Treason shall be within the survey of the Court of Augmentations XVII Here the right of all others is saved save only for Rents-service Rents-seck and all other services and suits which are excepted out of the said saving XVIII Provided that all Leases of any such Religious or Ecclesiastical house or of any hereditaments thereunto belonging granted within one year next before the dissolution thereof which hath not heretofore been usually demised or whereof there was a former Lease in being or whereupon such ancient yearly rent is not reserved as hath been usually paid for the same twenty years next before the beginning of this Parliament and also wood-sales made within one year as aforesaid shall be void XIX Also all Feofments Fines and Recoveries of such Lands whereof the King was Founder made acknowledged or suffered by the Governours or Governesses thereof without the Kings Licence within one year next before such dissolution shall be void XX. The like provision is made for making void Leases and Wood-sales of Lands belonging to such Religious or Ecclesiastical houses as are hereafter to be dissolved Also all Feofments fines and Recoveries of such lands where the King is Founder made acknowledged or suffered by the Governours or Governesses thereof shall likewise be void XXI Leases for years not exceeding 21 made a year before this Parliament or the dissolution of such house and whereupon the accustomed rent is reserved and where a former term therein is not expired at the making of such Lease shall be good notwithstanding this Actiso also is a Lease for life or lives granted a year before dissolution to the old tenant or the former lease for life o◠〈◊〉 being not expired and the accustomed rent being reserved XXII Grants also for life by Copy of Court-Roll according to the custom where the old rent is reserved shall be good XXIII Leases examined inrolled decreâ—d or affirmed in the Court of Augmentations albeit they be made within the year shall be good XXIV Where any hath paid money for wood and by this Act is abridged from having his bargain he shall be relieved therein by the Chancellor and other Officers of the said Court or any three of them whereof the Chancellor is to be one and if any other hath taken the Wood he shall make satisfaction for the same to the party grieved XXV Grants to other persons by such Religious persons with the Kings consent and licence under the great Seal shall be good Howbeit here the right of others is saved XXVI A confirmation of the Kings exchanges and purchases since the fourth of February 27 H. 8. Howbeit here also the right of all persons but the exchangees and bargainees is saved rents-service rents-seck and other services excepted XXVII The Kings Letters Patents of Lands or other hereditaments granted since the fourth of February 27 H. 8. and within three years after the making of this Act shall be sufficient notwithstanding mis-recital non-recital mis-nosmer cause consideration or thing material to the
shall be paid by the King LXVI This Act shall not extend to any Colledge or Hall in the Universities the Free-Chappel at Windsor the Colledges of Winchester and Eaton N wton Chappel in the Isle of Ely nor to any of the lands belonging to them nor to any Chappel of Ease nor to any Chappel whereunto only a Church-yard a little house or Close doth belong Nor to any Cathedral where there is a Bishops See nor to their lands other then such Chanteries Obits Lights and Lamps used within such Cathedrals within five years before this Paliament and unto which this Act doth extend LXVII The King may during his life alter the Names of such Chanteries and their Foundations LXVIII The right of all persons except only the Governors Incumbents c. of such Chanteries c. their Founders and the heirs and successors of every of them also the grantees or any of the premises to the uses aforesaid or to the use of any such Chantery c. or without the Kings licence is saved likewise all services rents annuities profits and offices of right due to Founders Donors c. and leases made before the beginning of this Parliament whereupon the accustomed rent is reserved are saved LXIX The Bargainor of any of the premises or his Executors shall repay unto the Bargainee his Executors or Administrators the money received upon sale thereof within three months after request thereof made and upon non-payment thereof such bargainee shall recover it by action of debt wherein no essoin c. shall be allowed LXX The premises given to the King by this Act together with their revenues shall be within the survey of the Court of Augmentations or such other Court as the King shall appoint LXXI All leases made by the said Governors Incumbent c. since the 23 of November 37. H. 8. whereupon the old rents are reserved shall be void but all others shall continue in force LXXII This Act shall not extend to any Lands whereof such Governours Incumbents c. are seised or possessed to their own uses and not annexed to such Chanteries Free-chappels c. nor to any Mannors Lands Pensions c. not parcel of the premises granted by H. 8. or granted or to be granted by E. 6. to any of the said Governors Incumbents c. LXXIII Every person which had any rent or yearly profit out of the lands of any Chantery c. shall still enjoy them notwithstanding this Act. LXXIV All payments of First Fruits to be made by any such Governor Incumbent c. after the beginning of this Parliament shall be remitted LXXV Payments answered yearly into the Exchequer out of the premises shall be still continued LXXVI All Assurances made of the premises by H. 8. or E. 6. or by either of their licence or to either of them by any such Governour Incumbent c. shall be good The right of others being saved LXXVII This Act shall not extend to make good any Grant made by any Parson or Vicar nor to prejudice the Lord Cobham or any Corporation or the Chantery of Attleboâ—ough in Norfolk LXXVIII All such Chanteries Free-Chappels c. given to the King by this Act as are within the Dutchy of Lancaster together with their lands c. shall be within the survey of the Dutchy-Court and all Commissions to be issued out concerning them shall be under the great Seal but shall be certified into the said Dutchy LXXIX The King may impower Commissioners to alter the nature and condition of Obits to better uses and none shall take advantage of any remainder use or condition for not finding of a Priest Obit Anniversary Light or Lamp LXXX This Act shall not extend to give Copyhold-lands to the King but the said Incumbents shall have them during their lives towards their maintenance LXXXI This Act shall not extend to lands recovered from a Chantery Priest by a good title without fraud LXXXII All Letters Pattents made by H. 8. and E. 6. of Chantery-lands and other the premises are confirm'd LXXXIII Stat. 1.2 P. M. 8. Pars inde None shall molest any person for any Abbey-Lands in pain to incur a Praemunire Vide 1 El. 1. ☞ Money * I. The Statute of great money incerti temporis None upon grievous forfeiture shall expend utter or receive any money or any other Coyn then English Irish or Scotch nor import more money into this Realm then may serve him for his expences nor land unless forced by tempest at any other then the known Ports and there shall shew his money to such person as the King shall assign without concealment in pain to forfeit his body and moneys II. None shall hide his money within Clothes Fardels Bales or otherwise in pain that the finder thereof shall have 4 d. for every pound so found and the King the rest and the body of him in whose hands any false or clipt money shall be found shall be arrested untill he find surety if he be a suspitious man Also he that finds any other coyn than English Irish or Scotch shall break the same and restore the pieces to the party that ows it and none shall oppose him in pain of great forfeiture but false money shall be pierced without restoring it III. Because poor people cannot well discover light moneyes they shall receive and pay them by weight of 5. of even weight by the Tumbrel to be delivered unto them by the Warden of the Exchange and marked by the Kings mark and it shall be lawful fon any man to pierce money not weiging the Tumbrel Howbeit 4 d. shall be allowed in every pound weight being then 20 s. and so it be only worn 6 d. * IV. The Statute of small money 20 E. 1. No Merchant or other shall import into this Realm any mony clipt or counterfeited or traffick therewith in pain for the first time to forfeit the mony for the second the mony and all his goods for the third his body and goods V. Others which have clipt money shall pierce it and carry it to the Kings Exchange to be new coyned * VI. Stat. 9. E. 3.1 None without the Kings Licence shall export any gold or silver in money or plate in pain to forfeit the same * VII Cap. 2. None shall import into any of the Kings Dominions any false or counterfeit money in pain to forfeit the same Howbeit any person stranger and other may bring to the Kings Exchange good money or bullion and receive convenient exchange for the same * VIII Cap. 3. Small money viz. half-pence or farthings shall not be molten into vessel or any thing else by any Goldsmith in pain to forfeit the money so molten and to suffer imprisonment until he hath paid the one half thereof IX Cap. 4. Black money shall not be current in this Realm X. Cap. 5. The Prosecutor against the offenders of this Statute shall be allowed a fourth part of the forfeiture XI Cap. 6. There shall
granted to end the quarrel and that as well in the Exchequer as elsewhere XIII Stat. 14 H. 6.1 Justices of Nisi prius have power to give their Judgments in cases of Felony and Treason as well upon acquital as attainder and thereupon also to award execution XIV Stat. 18 El. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery and the chief Justice of the Common Pleas and chief Baron of the Exchequer upon issues joyned in their several Courts or in their absence two other Justices or Barons are made Justices of Nisi prius for the County of Middlesex and may sit in Westminster-Hall or in the Exchequer within the term or four days after for the trial of issues joyned in the said Courts respectively and triable in Middlesex aforesaid to prevent interruption of proceeding in the said several Courts during the term and for the better ease of the Free-holden of Middlesex Upon which trials Tales shall be granted and all other proceedings shall pass as upon Writs of Nisi prius triable elsewhere in the Country Non-plevin I. Stat. 9 E. 3.2 None shall lose their Land by reason of Non plevin Non-suit I. Stat. 2 H. 4.7 Where before Justices of Assise the parties are adjourned for some difficulty in law upon the matter found in this case the Plaintiff shall not be non-suited albeit the verdict passe against him Non-tenure I. Stat. 25 E. 3. Stat. 5.16 By the exception of Non-tenure of parcel no Writ shall abate but only for the quantity of the Non-tenure which is alledged Northumberland I. Stat. 23 H. 6.7 The Sheriff of Northumberland shall gather no more Head-pence there in pain of 100 l. to be divided betwixt the King and the prosecutor Norwich * I. Stat. 33 H. 8.16 None shall buy within Norwich or the County of Norfolk any Worsted yarn spun in the said City or County but such as shall work it or cause it to be wrought in Norwich or elsewhere within the said County in pain to forfeit for every pound thereof otherwise imployed 40 s. to be divided betwixt the King and the prosecutor II. None shall convey beyond Sea any Worsted-yarn spun in England in pain to forfeit 40 s. for every pound to be divided as aforesaid III. Stat. 1 E. 6.6 The Statute of 33 H. 8.16 is made perpetual IV. Hat-makers dwelling in Norwich may buy Worsted-yarn called Middl usse yarn as they have used to do notwithstanding the Statute of 33 H. 8.16 so as they imploy it in Hat-making within the said City V. Stat. 56 E. 6.24 None shall make Mats Coverlets or Dornecks by himself or others or use any of those mysteries in Norwich or Norfolk unless he be admitted so to do by the Major Recorder Steward and two Justices of Peace of that City or by four of them or have been apprentice to the said Mystery by the space of seven years VI. None shall make any Hats Dornecks or Coverlets in Norfolk but only in some Corporate or Market-Town there in pain to forfeit for every six Felts 10 s. for every Coverlet 3 s. 4 d. and for every six yards of Dornecks 6 s. 8 d. VII This Act shall not extend to the Inhabitants of Pulham in Norfolk VIII The Major Recorder Steward or Justice of Peace that takes a reward for admitting any to work shall forfeit 5 l. to be divided betwixt the King and the prosecutor IX Stat. 1 2. P. M. 14. An Act for the making of Russets Sattens Sattens reverses and Fustians of Naples at Norwich and not elsewhere by which Act there is a Corporation made for that purpose and divers Articles concerning the same See the Act at large X. Stat. 39 El. 22. An establishment of the Bishoprick of Norwich and the possession thereof against a pretended concealed title made thereunto See the Statute at large ☞ Nusance I. West 2.24 13 E. 1. A Writ of Nusance shall be grantable as well against the Alienee as against the party that levied it and when it is against the party himself the Writ shall be Questus est nobis A. quod D. injuste c. Levavit domum murum mercatum alia quae sunt ad nocumentum c. But when against the Alien the Writ shall be Questus est nobis A. quod B. C. Levavâ—runt c. II. Stat. 6 R. 2.3 All Writs of Nusance called Vicomtiels shall be made at the election of the Plaintiff according to the old form or in the nature of Assizes determinable before the Justices of the one Bench or other or the Justices of assize to be taken in the County of the place assigned Oath I. SEe Magna Charta printed by Richard Tottle Anno Domini 1556. fol. 164. and 166. the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Majors and Bailiffs See the Oath Ex Officio Courts and Jurisdictions Ecclesiastical Numb IV. And see Title Quakers Numb I. Obligations I. Stat. 38 E. 3.4 Whereas divers people be bound in another Court out of the Realm by Instruments or otherwise it is accorded that all penal bonds in the third person be void and holden for none Odio Atia I. West 1.11 3 E. 1. Forasmuch as many being indicted of Murder and guilty thereof by favourable inquests taken by the Sheriff and by the Kings Writ of Odio Atia are replevied until the comming of the Justices in Eyre It is provided that from henceforth such Inquests shall be taken by lawful men chosen out by the oath of twelve men of whom two at the least shall be Knights who by no affinity with the Prisoners or otherwise are to be suspected ☞ Officers and Office I. Stat. 12 R. 2. The Chancellor Treasurer Keeper of the Privy Seal Steward of the Kings house the Kings Chamberlain the Clerk of the Rolls Justices of the Benches Barons of the Exchequer and all others called to name and ordain Justices of Peace Sheriffs Escheators Customers Controllers or any other Officer or Minister of the King shall be firmly sworn that they shall not name or ordain any Officers or Ministers for any gift or brocage favour or affection And none which pursueth by him or by other privily or openly to be in any such office shall be put in the same or any other but that they make all such Officers and Ministers of the best and most lawful and sufficient men in their judgments and knowledg II. Stat. 14 R. 2.10 No Customer Controller Searcher Weigher or Finder shall have any such Office for term of life but only during the Kings pleasure notwithstanding any Patent or grant to the contrary III. Stat. 17 R. 2.5 No Searcher Gauger Aulnager Finder or Weigher of Wools or other Merchandize Collector of Customs and Subsidies or Controller shall have their several Offices for â—â—erm of life or years But such Offices shall remain in the Kings 〈◊〉 and under the governance of the Treasurer with the assent of the
Age Pag. 10 Aide of the King Pag. 10 Aide to marry the daughter and to make the Son a Knight Reasonable Aide Ayel Besayel Cosinage Cosinage Damages 3 c. Alehouses Customs 6 11. Ale and Beer Alehouses Alienation without licence Pag. 14 Tenure 7. Aliens Pag. 14 Ability 2 3 4 5. Crown 147. Customs 9.12.14.17.20 Drapery 42.69 English-men Gauging 14. Hats and Caps 9. Informers 9 10. Ireland 10. Merchants Money 34. Proviso 4.5 Staple Tythes 3. Victuals 6. Wines 8. Allegiance Crown 108. Amendments Pag. 18 Amerciaments Pag. 19 Ampthil Honours Anniversary Fast Pag. 19 Anniversary thanksgiving Pag. 20 Annates First-Fruits Apothecaries Physitians 26. Apparance Pag. 20 Essoyn 12. Appeals Pag. 20 Clergy 8. Demurrers 2. Essoyn 8.15 Triall 13. Appeals to Rome Pag. 21 Apprentice Pag. 21 Aliens 6.19 c. Cordwainers 26. Corporation 3 4. Drapery 168.195 Hats and Caps 1.5.8 Labourers Norwich 5 Passage 15 c. Poor people 21 Ships 25.59 Worsteds Appropriations Pag. 22 Approvements Pag. 23 Approvers Pardon 11. Archery Playes Armour Arms Pag. 24 Crown 145 Musters Treason 5. Wales 9. Arrests Pag. 25 Arrow-heads Pag. 26 Artificers Aliens 2. c. 19. c. Cordwainers 11.30.39.40.59.60.67 Labourers Merchants 63 Wares Assault and Fray Pag. 27 Assises Pag. 27 Conusance Essoyn 4 12. Justice of Assise Nisi prius Assize of Bread and Drink Weights Assize of Darrein presentment Dayes in Bank Assurance Office Merchants 77 c. Attaint Pag. 30 Age 3. Dayes in Bank 14.22 Essoin 4. Limitation 9. Attorney Pag. 35 Apparence 4 Attaint 47 Jeofail 3. Trespass 4. Attornment Error 8 Auditors Account Receivers Augmentations Courts Aulnage Aulnagers Account 5 Drapâ—ry 3.5.8 9.11 c. 140 141 202 c. 290. Estreats 6. Wales 144 145. Avowry Pag. 37 Badgers Corn. Universities Bail Felony 23 Mainprize Bayliffs of Mannors c. Account Eschequer Franchises Indictments Bayliffs of Cities Franchises and Towns Corporations Franchises Towns Sheriffs B. BAkers Aliens 32 Clerk of the Market Weights Ballast Havens 7. Banks Pag. 37 Bankrupt Pag. 38 Barbers Physitians 26. Bargains and Sales Inrollments Uses Bark Cordwainers 36 37. Barking of Trees Burning of Carts c. Barons County 2 Crown 12.126 Forrests 11 18. Barons of the Eschequer Account 3. Attorney â— Commission Damages 5. Drapery 21 43. Error Eschequer Escheators 1. Executors 9. Justice 4. Sheriffs 4 7 68. Staple 27. Barwick Pag. 42 Bâ—tchers 3 Bastardy and Bastards Pag. 42 Ability 4 Barne Vagabonds 8. Battail Grand Assise Pag. 43 Dower 5 Beau-pleader Pag. 43 Beer Clapbord Coopers Beggers Vagabonds Bel-mettle Brass Benevolences Taxes Bigamie Clergy 2 5 27. Matrimony 6 Bisextus Dayes in Bank Benevolence Pag. 44 Bishops Bishopricks Pag. 44 Ability 4. Appeals to Rome Appropriations Crown 44 c. 57. Debt to the King 12 First-fruits 12 c. Leâ—se 9 Rome Vacations of Bishopricks Blackmail Felony 19. Blackney Fish 14 15. Boats and Boatmen Passage Books and Images Pag. 46 Crown 143 Bows Bow-staves Pag. 47 Playes Brass Pewter Copper Bel-mettle c. Pag. 47 Bread Ale and Beer Clerk of the Market Weights Breakers of Leagues and Truces Pag. 50 Brewers Alâ—-houses 9. Aliens 32 Coopers Gauging 12 Weights Bridges Pag. 51 Borderers England and Scotland Brokers Pag. 52 Buckstales Forrests Hunting Parks Buggery Felony 11. Bullion Plate Jewelâ— Gold Money Bulls from Rome Dispensations Burford Bridges 1. Burglary Forfeiture 10. Buriall Crown 138. Burning of Carts and Wood Pag. 53 Felony 19 Burport Cables 1. Butchers Pag. 53 Calves 2. Cordwainers 25. Victuall Weights Butler of the King Pag. 53 Butter and Chéese Pag. 54 Corn. Buts Playes Buying and selling Corn. Buying of Titles Actions popular 10 Champerty Informers 8 Buxton Vagabonds 8. C. CAbles Halsors and Ropes Pag. 55 Calves Pag. 56 Cordwainers 24. Cambridg and Cambridgshire Pag. 56 Aliens 14. 27. 34. Butchers 3. Crown 140. Caps Hats Captains Souldiers Pag. 56 Musters 55 Captives Pag. 68 Cardiff Bridges 10 Cask Clapbord Carlile Butchers 3. Carlion Bridges 12 Castles Fortresses c. Pag. 68 Cattle Forestallers Horses Certificate Ability 4. Bishops 14 Butler of the King 2. Captains 28 c. Commission 5 Crown 19. Certificate of the Cause of Attainder c. Pag. 68 Certiorari Corpus cum causa Cessavit Pag. 69 Contra formam collationis Challenge Pag. 69 Champerty Pag. 6 Actions popular 7.10 Informers 8. Maintenance Nisi prius 9 Chancellor Aliens 1.14 Bankrupts 1 3 10 Books 4 Butter 1 Chancery Corporation 1. Custos Rotulorum Error Escheators 1 Execution of Statutes Executors 9 Exigent 1 2 First-fruits Fish 13 Hospitals 6. Infections Justice 5 Merchants Mortmain Parliament 35 c. Sewers Sheriffs 7 Staple 32 c. Treason 1 Triall 8 Vacations of Bishopricks Vagabonds 13 Wales 93 140 Wards 36 48 51 84 86 Wines Woolls 6 Women 8 Chancery Pag. 70 Accusation 10 11 Pardon Chaplains Residence Chases Forests Chanteries Monasteries Cheese Butter Chelsey Pag. 71 Chepstow Brides 15 Ships 52 Chester and Cheshire Pag. 72 Certificate of the c. 5 Corn 8 Courts 32 Eschequer Exigent 11 c. Fines 32 Wales 152 Chichester County 5. Paving 9 Chimage Forests 14 Churches Fighting Church-service Crown 44 c. Service and Sacraments Church-wardens Alehouses Captains 22 c. Clerk of the Market 6 Crown 100 150 Church-yards Pag. 73 Mortmain 16 Cinque-Ports Five Ports Cirographer Pag. 73 Error 2 Fees 2 Citation Pag. 73 Clapbord Pag. 74 Malt 13 Clergy Pag. 74 Conjuration Fairs and Markets 21 Clerk of Assize Certificate of the cause of Attainder Justices of Assize Clerk of the Chancery Pag. 78 Addition 4. Clerks of the Crown Pag. 78 Certificate of the cause of Attainder Clerk of the Estreats Estrâ—ats Sheriffs Clerk of the Market Pag. 78 Franchises 23. 6. Weights Clerk of the Peace Certificate of the cause of Attainder Corn 3. Custos Rotulorum 3. Inrolements Paving 4. Clerk of the Recognisances Fraudulent Conveyances 9 c. Recognisance Clerks of the privy Signet and privy Seal Pag. 79 Clerk of the Sewers Sewers Clerk attaint Certificate of the c. Clerk convict Clergy Client Attorney Clothes and Clothing Dropâ—y Coaches Pag. 80 Coachmakers Cordwainers 46 Coal Pag. 81 Fuel Wood 17 c. Coin Money Collectors Pag. 82 Colledges Chelsey Election Patents 18 Collusion Admeasurement of Dower Advowson 12 Conusance Common Approvements Assizes 6. 12. Horseâ— Common Place Attaint 47. Common Pleas. Pag. 83 Adjornment Constable and Marshall Commissions and Commissioners Pag. 82 Discontinuance of Process 3. 5. Escheators 21 c. First-fruits Hospitals 16 c. Sewers Common Prayer See Religion Concealments Limitation 11. Conditions Pag. 83 Patents 27 Confirmation Pag. 83 Cony-skins Merchants 84 c. Conjuration Pag. 84 Consecration of Bishops c. Bishops 16 c. Conspiracies Pag. 85 Nifi prius 9. Victual 16 Constables of Hundreds and Towns Ale-houses Banks 5. Bridges 4. Captains 22. c. Crown 78. 150. Drapery 48. 29. 230 Feasants 22. High-wayes Holy-dayes Horses 14 Malt. Merchants 4. Plague Purveyors Swearing Vagaboads Constable and Marshal Pag. 85 Appeals 9. Exchequer 12
373 374 375 Money Receivers of publike Moneys c. made accountable to the King 13 Car. 2. c. 3. 14 Car. 2. cap. 14. 13 Car. 2. c. 13. Page 3 4. Money None shall export more money then for his expences nor hide it in clothes c. Stat. of great money incerti temporis Page 382 383 Clipt money shall not passe Stat. of small money 20 E. 1. 19 H. 7.5 Page 384 386 None shall export money be it gold silver c. 9 Ed. 3.1 2 3 4 5 6 9 10 11. 2 H. 4.5 2 H. 6.6 Page 383 384 385 Money must not be impaired in weight nor alloy and so to do is treason 25 E. 3. Stat. 5.13 3 H. 5.6 2 H. 6.12 19 H. 7.5 Page 384 385 386 Counterfeiting of Money misprision of treason 14 El. 3. Page 387 Monopolies all Monopolies of what thing soever condemned as unlawful 21 Jac. 3. Page 387 388 Mortdancester a Writ of Mortdancester shall lie for an heir to recover his Land and where Marlb 16. Stat. of Glocest 6. 6 E. 1. Page 388 389 Mortmain What Lands aliened in Mortmain who shall enter thereon Glocest alias de Religiosis 7 Ed. 1. West 2.31 15 R. 2.5 23 H. 8.10 Page 389 390 To obtain Licence to amortize Lands what is necessary Ordinatio de perquirendis libertatibus 27 E. 1. Stat. of amortizing Lands 34 Ed. 1. the Stat. of Writs De Clero 3. 18 E. 3. Page 390 391 Mortuary what and what shall be taken in lieu of it 21 H. 8.6 Page 392 Murder and Manslaughter what shall be judged Murder and what Manslaughter Marlb 25. 52 H. 3. 3 H. 7.1 Pars inde Page 393 394 How the Coroner and his Jury shall view a murdered body to give sentence thereof 3 H. 7.1 ibid. Muster who may muster and levy Souldiers and who are bound to appear at a Muster 4 5 P. M. 3. Page 394 395 N. NOnage where prejudiciall and where not West 1. cap. 46. 3 E. 1. Stat. of Glocester cap. 2. 6 E. 1. Exposition of the Stat. of Glocester cap. 2. West 2. c. 40. 13 E. 1. Page 10 Naturalization or restoring to blood what hinders it 7 Jac. 2. Page 29 Newcastle upon Tyne All goods to be sold in the River of Tyne to be loaded only at New-castle and the Keels in the Port there by whom to be measured 9 H. 5.10 21 H. 8.18 Page 393 News Raisers of false news or lies their punishment West 1.33 3 Ed. 1. 2 R. 2. Stat. 1 5. 12 R. 2.11 Page 395 396 Nisi Prius what Justices of Nisi Prius are who shall be and their power in their places and Circuits West 2.30 de finibus levatis 27 E. 1.4 Stat. Ebor. 12 E. 2.3 4. 2 Ed. 3.16 4 Ed. 3.11 14 E. 3. Stat. 1.16 7 R. 2.7 14 H. 6.1 18 El. 12. Page 396 397 398 Non-plevin what Non-suit Non-tenure what and where 9 E. 3.2 2 H. 4.7 25 E. 3. Stat. 5.16 Page 398 399 Norwich What may be bought or sold in Norwich and what not 33 H. 8.16 1 E. 6.6 5 6 E. 6.24 1 2 P. M. 14. 39 El. 22. Page 399 400 Nusance a Writ of Nusance where it lieth and for what and against whom West 2.24 6 R. 2.3 Page 400 Night-walkers how they shall be punished 5 Ed. 3.14 Page 470 O. OAth of Supremacy what and where first made 1 El. 1. 5 El. 1. 13 El. 2. 23 El. 1. Page 110 ad 130 Obligations made to the King shall be in the nature of Statutes Staple 33 H. 8.39 Page 102 Ouster le main what and where it helps Stat. de Escaetoribus 29 E. 1. Artic. super Cart. 28 E. 1. cap. 19. 28 E. 3.4 Page 336 337 Oath the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Mayors and Bayliffs See Magna Charta Printed by Richard Tottle 1556. fol. 164 166. Page 400 Obligations what and where void 38 E. 3.4 Page 401 Odio atia what and where the Writ lies West 1.11 3 E. 1. ibid. Office and Officers who shall have the dispose and nominating thereof 12 R. 2.2 2 H. 6.10 Page 401 402 What persons shall not have their office during life 14 R. 2.10 17 R. 2.5 1 H. 4.13 4 H. 4.20 13 H. 4.5 2 H. 6.10 31 H. 6.5 ibid. Offices may not be bought or sold 5 6 E. 6.16 14 Car. 2. cap. 8. Page 402 409 Oyer and Terminer for what a Writ ad audiendum terminandum shall be granted West 2.29 13 E. 1. ibid. Who shall be Justices of Oyer and Terminer Stat. quod vocatur Ragman de Justiciariis assignatis 33 E. 1. 2 E. 3.2 ibid. Oyles by whom to be searched and not to be mixed 3 H. 8.14 Page 404 Ordinary his power in disposing goods West 2.19 18 E. 3.6.3 25 E. 3. Stat. 3.9 ibid. P. PRomoters of Suggestions must find sureties 37 E. 3. 18. 38 E. 3.9 pag. 5 Pasture admeasurement of pasture upon an overcharge how to be remedied West 2. c. 8. 13 E. 1. Page 7 Process Records c. when and how they may be amended and when not 14 E. 3.6 9 H. 5.4 4 H. 6.3 8 H. 6.12 15. Page 18 Parliament the punishment for an assault of any Member Parliament or their servant 5 H. 4.6 11 H. 6.11 Page 27 Pewter who shall try the goodness thereof 4 H. 8.7 33 H. 8.4 Page 48 49 Pleas Common Pleas where to be holden Magna Charta 11. 9 H. 3. Artic. super Cart. 4. 28 E. 1. Page 83 Pelts what and by whom to be made 5 El. 22. Page 89 Pope 't is Treason to obtain or put in ure a Bull from the Pope and a Praemunire to bring into England any Agnus Dei c. or other Popish Relique 13 El. 2. p. Page 114 Pipe Clerk thereof and Clerk of the Remembrance their duty 37 E. 3.4 Page 194 Pipowders Court its power and extent thereof 17 E. 4.2 Page 220 Parks and Ponds trespassers therein how punishable West 1. c. 20. 21 E. 1. Frdinatio Forestae 34 Ed. 1. c. 1 2 3 4 6 6. Page 246 247 Priests their incontinency by whom punishable 1 H. 1.7.4 Page 293 Painters who may not use the art of Painting and who may what is Painting c. 1 Jac. 20. Page 404 Palace the limits of the Kings Palace 28 Hen. 8.12 Page 405 Panell who shall array and return the Panels and when and before whom 42 E. 3.11 3 H. 8.12 ibid. Pardon where grantable and where not and how the offence pardoned must be specified Glocest 9. 6 Ed. 1 2 E. 3.2 10 E. 3.2 3. 14 E. 3. Stat. 1.15 27 E. 3. Stat. 1 2 13 R. 2.1 5 H. 4.2 21 Jac. 35. 12 Car. 2. cap. 11. Page 405 406 Parliament how oft to be holden who to appear there how Parliament men are to be paid how chosen Mirror of Justices cap. 1. Sect. 3. 4 E. 3.14 36 E. 3.10 5 E. 2. Stat. 2 4. 12 R. 2.12 7 H. 4.15 11 H. 4.1 1 H. 5.1
how the Jurors shall be dealt with 26 H. 8.4 6. all persons shall pass quietly through Wales 27 H. 8.7 the division of Wales into Counties c. 27 H. 8.26 34 35 H. 8.26 Page 590 ad 610 Justices of the Circuits in Wales by whom to be appointed 18 Eliz. 8. the proceedings there 27 El. 9. Page 610 611 612 Walsingham made Copyhold 35 H. 8.13 Page 612 Wapping-Marsh Partition thereof 35 H. 8.9 Page 612 Wards who shall be a Ward where the King shall have a Wardship and where not Magna Charta 3.6.27 Ward may not marry without licence Merton 6.7 20 H. 3. Page 613 Severall customs of Wardship Merton 7. Marlb 7.17 West 1.21 22. West 2.35 Stat. of Wards and reliefs 28 E. 1. Praerog Reg. 1.2.6 14 E. 3. Stat. 1.13 39 H. 6.2 4 H. 7.17 32 H. 8.46 33 H. 8.22 18 El. 13. Page 613 ad 619 Wares several wares that being ready wrought may not be imported 5 Eliz. 7. Page 619 Warranty who bound thereto Stat. of Bigamy 6. 4 E. 1. Glocester 3. 6 E. 1. ibid. Warr those who follow the King in his Warrs are to be paid by him and who are bound to follow him 1 Ed. 3.7 18 Edw. 3.7 25 Edw. 3. Stat. 5.8 4 H. 4.13 11 H. 7.18 16 17 Car. 2. cap. 3 4 5 9 13. Page 620 621 Waste what shall be accounted Waste and how amends shall be made for the same Magna Charta 4 5. Marlb 23. Glocester 5 6. West 2.14 22. Statute of Waste Artic. super Cart. 11 H. 65. p. 621 622 Wax who may be a Wax-Chandler and how he must sell his ware without deceitful mixture and after search 11 H. 6.12 23 Eliz. 8. Page 623 624 Weights and Measures must be one through England Magna Charta 25. Assisa Panis Cervitiae 41 H. 3. a Table thereof 25 Edw. 3.9 10. Stat. Stap. 27. 13 R. 2.9 15 R. 2.4 16 R. 2.3 1 Hen. 5.10 8 Hen. 6.5 7 Hen. 7.4 11 Hen. 7.4 pag. 628 638 White ashes not to be Exported 2 3 E. 6.26 pag. 638 Whitegate in Cheshire made a Parish Church 33 H. 8.32 Page 639 Wilde-fowl may not be destroyed 25 H. 8.11 ibid. Wills who may make a Will and what may be devised therein Merton 2. 32 H. 8.1 34 35 H. 8.5 Page 639 ad 644 Wines All Wines must be sold by the assize and at a reasonable rate Glocest 15. 4 E. 3.12 Page 644 None may forestall Wines c. 27 E. 3. Stat. 1. cap. 3 6 7. 38 E. 3.11 Page 645 Who shall set the prices of Wines 28 H. 8.14 37 H. 8.23 Page 645 646 Who may sell Wines and by what Licence 7 Ed. 6.5 and how many must be licenced in England 12 Car. 2. cap. 15. Page 645 646 647 Witness how a witness shall be forced to appear and the penalty for non-appearance 12 E. 2.2 5 El. 9. Page 648 649 Wood Woods and Under-woods at what age they shall be felled and what left 35 H. 8.17 Page 649 650 What wood may be converted to fuel for the making of Iron 1 El. 15. 13 El. 25. 23 Eliz. 5. 27 El. 19. 15 Car. 2. cap. 2. Stat. 3. Page 651 ad 654 Wood who may buy sell or transport Wooll 28 Ed. 3. Stat. 2 3. Stat. Stap. cap. 12. 31 E. 3.2 8 9. 36 E. 3.11 45 E. 3.4 13 R. 2.9 8 H. 6.22 14 Hen. 6.5 23 H. 8.17 37 H. 8.15 1 Ed. 6.6 2 3 P. M. 13. 12 Car. 2. cap. 32. Page 654 ad 658 Widow what she shall have after her husbands death Magna Charta 7. Praerog Reg. 4. 17 Ed. 2. pag. 658 Woman the punishment of those that cheat or steal a Woman or Maid and their relief 31 H. 6.9 4 5 P. M. 8. Page 677 678 Worsted-Weavers may choose Wardens and when and what power they have to search the lengths c. of every Piece and how it shall be wrougbt 7 E. 4.1 11 H. 7.11 5 H. 8.4 14 15 H. 8.3 25 H. 8.5 May take Apprentices and how many 12 H. 7.1 pag. 22 678 679 680 Wreck what shall be a Wreck and who shall have it West 14. 3 Edw. 1. Praerog Reg. 11. 17 Edw. 2. Page 680 Writs and abatement of Writs where and when they shall abate West 2.24 49. 6 R. 2. Stat. 1 2. p. 680 681 Y. YArn not to be Exported 8 H. 6.23 Page 681 York Letters Patents to Citizens there to exempt them from Office shall be void 29 H. 6.3 ibid. Coverlets may be made in York and must be sold there only 34 35 H. 8.10 ibid. AN EXACT ABRIDGMENT OF ALL STATUTES In Force and Vse untill the Second of March in the 17th Year of King Charles II. An. Do. 1664. Ability and Non-ability I. Stat. ARticuli Cleri Cap. 13. Anno 9 E. 2. The examination of a person presented to a Benefice belongeth to the Ecclesiastical Judge II. Stat. 25 E. 3. Stat. 2. De natis ultra mare The King's children are inheritable in England wheresoever born III. Subjects children born beyond Sea are also inheritable so that their parents at the time of their birth were within the King's Allegiance and that the mother went beyond sea with her husband's consent IV. If Bastardy be alledged against any born beyond Sea the Certificate shall be made by the Bishop of the place where the land demanded lieth V. Stat. 42 E. 3.10 Children born beyond Sea in the King's Dominions shall be inheritable in England VI. Stat. 31 H. 8.6 Religious pesions professed in Corporations feised by the King shall be enabled to inherit purchase sue and to be sued and also to have and enjoy any matter or thing which shall accrue unto them since their deraignment but shall not sue for any former right descended unto them VII Religious persons being Priests or that have vowed Religion at 21 years of age shall not marry VIII Stat. 33 H. 8.29 Religious persons professed in Corporations translated from one kind to another shall be enabled to inherit purchase sue and be sued c. as well as in those seised by the King IX Stat. 5. 6 E. 6.13 Religious persons shall be adjudged inheritable to their Ancestors onely from the time of their deraignment but not by reason of any former right accrued before such deraignment X. Stat. 16 17 Car. 27. An Act for disabling all persons in holy Orders to exercise any temporal jurisdiction or authority Repealed 13 Car. 2. ca. 2. Accounts I. Stat. Marlebridge Cap. 23. 52 H. 3. Bailiffs of Lords who withdraw themselves from accounting and have not whereof to be distrained shall be attached by the Sheriff and made to account II. Stat. West 2. Cap. 11. 13 E. 1. Servants Bailiffs or other Accountants that are found in arrearages by Auditors assigned by their Masters upon the testimony of the same Auditors shall be committed to the next Gaol and there remain in iron under safe custody at their own costs until they shall have satisfied their Masters III. Here
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
any other council assembled by the King's command onely if it be not Term-time he shall then appear the first day of the Term following that quarter and upon appearance shall be proceeded against as before Assises I. Magna Charta cap. 12. 9 H. 3. Assises of novel disseisin and Mortdancester shall be taken in their proper Shires in this manner The King or in his absence out of the Realm the chief Justices shall once a year send the other Justices through every County to take together with the Knights of the Shires such Assises in those Counties and such things as cannot be there determined shall be ended elsewhere in their Circuits Also difficult matters shall be referred to the Justices of the Bench to be there determined II. West 1. Cap. 24. 3 E. 1. If any Escheator Sheriff or other Bailiff of the King do by colour of his office without special warrant pertaining to his office disseise any man of his free-hold or any thing belonging thereunto it shall be in the election of the disseisee whether the King by office shall cause it to be amended upon complaint or that he will sue by writ of Novel disseisin wherein if the disseisor be attainted the disseisee shall recover double dammages and the disseisor shall also be grievously amercied to the King III. West 1. cap. 36. 3 E. 1. If any be attainted of disseisin done in the now King's time with robbery of goods or otherwise the disseisee by Assise of Novel disseisin shall recover his seisin and dammages and the disseisor whether present or not shall make fine and if present shall be committed IV. West 1. cap. 48. 3 E. 1. Assises of Novel disseisin Mortdancester and Darreine presentment shall be taken in Advent Septuagesima and Lent as well as inquests and that at the special request of the King made to the Bishops V. West 2 cap. 25. 13 E. 1. For estovers of wood profit to be taken in woods corrodie delivery of corn and other victuals and necessaries to be received yearly in a certain place toll tunnage passage pontage pawnage and the like to be taken in places certain keeping of Parks Woods Forests Chases Warrens Yates and other Bailiwicks and offices in Fee an Assise of Novel disseisin shall be and in such cases the Writ shall be as in other cases de libero tenemento VI. It shall also be for Common of Turf-land fishing and such like common appendant to Free-hold or by special deed as it heretofore held place for common pasture provided the estate therein be at least for life VII If any holding for years or in ward aliene the fee remedy shall be had by this Writ and both the feoffors and feoffees shall be had for disseisors so that during the life of any of them the said Writ shall hold place and if they die the remedy shall be by Writ of Entry VIII The giving of this Writ in new cases shall not diminish the force thereof in those wherein it had force before and remedy also shall be had thereby in case where one feedeth in the several of another IX In this suit if the Defendant fail to make good the exception which he pleads he shall be adjudged a Disseisor without taking the Assise and shall give to the Plaintiff double dammages both inquired and to be inquired and besides shall suffer a year's imprisonment X. If such an exception be alledged by a Bailiff the taking of the Assise shall not be thereby delayed nor yet the Judgment upon the reftitution of the lands and dammages Howbeit if the Master of such Bailiff afterwards offer to prove to the Court by matter of record that there was just exception whereby the Plaintiff might have been barred he shall have a Venire facias to produce such record and then if the Justices see cause the Plaintiff shall be warned to appear at a certain day and the Defendant shall then have again his seisin and dammages and the Plaintiff shall be punished by imprisonment at the discretion of the Justices In like manner also shall the Justices proceed in case the Defendant's proof is by deeds or releases and if the Plaintiff purchased the Assise contrary to his own deed he shail be punished as aforesaid XI The Sheriff shall not take an Ox of the disseisee but of the disseisor onely and but one Ox though there be many disseisors named in the Writ and that Ox shall not exceed 5 s. in value Note that 5 s. then hath now the value of 15 s. XII West 2.46 13 E. 1. Where common of Pasture hath been usurped during Nonage Coverture tenancy in dower by the courtesie for life years or in tail it hath been holden that if such possessor of common be deforced he ought to have Action by Writ of Novel disseisin it must now be holden that such as have entred within the time that an Assise of Mortdancester hath lain if they had no common before shall not recover by Writ of Novel disseisin albeit they be deforced XIII Stat. de conjunct feoffatis 34 E. 1. In an Assise of Novel disseisin if joynt-tenancy be pleaded by force of a Deed upon the Plaintiff's averment against it the Justices shall keep the Deed until the trial and in the mean time shall by scir ' facias summon the absent joynt-tenant to be present with the Defendant at the said trial and they shall there maintain the Plea if they can But if it shall then be proved by an Assise that the Plea was maliciously alledged to delay the Plaintiff albeit the Assise doth pass for the Defendants yet he who pleadeth that exception shall suffer one whole year's imprisonment and shall not be enlarged without grievous fine And if it be found by Assise that the Plaintiff was disseised he shall recover seisin and double dammages and the trial shall go on notwithstanding such plea and albeit neither of the pretended joynt-tenants appear howbeit joynt-tenancy shall not be pleaded by Bailiffs XIV Also in Assises of Mortdancester and juris utrum the like course shall be taken as in those of Novel disseisin XV. In other Writs likewise whereby Tenants are demanded save that in them the dammages are referred to the discretion of the Justices XVI Stat. Eborum 34 E. 2.1 Tenants in Assise of Novel disseisin may make Attorneys and may also plead by Baâ—hffs as in times past XVII Stat. 7 R. 2.10 An Assise of Novel disseisin for rents issuing out of lands in divers Counties shall be taken in Confinio Comitatus as is used for Common of pasture in one County appendant to tenements in another XVIII Stat. 1 H. 4.8 A special Assise is maintainable by the disseisee for such lands as are granted by the King's Patent without title first found by inquest for the King without suit to be made to the King in that behalf and if the Patentee pray in Aid of the King a Procedendo shall be also granted without suit XIX
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
Nottingham Grantham Hull Huntington Cambridge Pereth Barwick St. German's in Cornwall and the Isle of Wight shall be Sees of Bishops Suffragans and the Bishops of such Sees shall be called Suffragans of this Realm V. The Bishop shall by Petition present to the King two persons to be his Suffragans whereof the King shall allow one who shall thereupon be called Bishops-Suffragan of that See and shall by the King's Letters Patents be presented to the Arch-bishop of the respective Province to be consecrated to the dignity of that Office which the Arch-bishop shall doe within three moneths after the receit of such Letters Patents VI. The Suffragan shall not exercise any greater authority nor make any other benefit then what is limited unto him by Commission from the Bishop of the Diocess in pain to incurr a Praemunire VII The Suffragan himself or the Bishop that presents him to the King shall at their own costs provide two Bishops or Suffragans to consecrate the Suffragan with the Arch-bishop VIII The Suffragan's residence over the Diocess shall be sufficient for his benefice and a Suffragan may have two benefices with Cure IX Stat. 1 E. 6.2 The Writ of Conge d'elire ousted and none but the King by his Letters Patents shall collate to an Archbishoprick or Bishoprick X. An Arch-bishop Bishop or Suffragan collated by the King shall pay all usual Fees XI All Process Ecclesiasticall shall be in the King's name but the Teste in the name of the person having Ecclesiastical Jurisdiction and when they issue from the Commissary Official or other Substitute he shall subscribe his name after the Teste XII The seal of Office belonging to any such person shall have the King's Arms engraven upon it with Characters under them to notifie the Diocess and he shall not use any other Seal in pain of imprisonment during the King's pleasure XIII Provided that no more or other Fees be taken for such Seal then as before and that the Arch-bishop of Canterbury may use his own seal and name for Faculties and Dispensations according to the Statute of 25 H. 8.21 and also that Arch-bishops and Bishops may make and order their Substitutes and may also issue Commissions of Suffragans Certificates to the Court of Tenths Colations Presentations Gifts Institutions Inductions Letters of Order or Dimissories under their own names and Seals as in times past XIV Certificates into a Court of Record shall be in the King's name under the Bishop's Seal engraven with the King's Arms as aforesaid Teste the Bishop XV. But note that this Statute was repealed by 1 M. 2. and that Act of M. is afterwards repealed by 1 Jac. 25. Yet quaere whether this Statute of 1 E 6.2 be now in force XVI Stat. 3. E. 6.1 The form of consecrating Bishops and Priests is established being comprised in a book compiled by six Prelates and six other appointed by the King which Statute see in Service and Sacraments But note that this Act was also repealed by 1 M. 2. as the other next before XVII Stat. 1 and 2 P. M. 8. All Bishops are confirmed Which see in Rome XVIII Stat. 8 Eliz. 1. The Statute of 1 El. 1. touching the book of Common Prayer and Administration of the Sacrament is confirmed XIX The Statute of 5 and 6 E. 6.1 touching the form of consecrating Arch-bishops and Bishops and the making of Priests Deacons and Ministers and all acts done concerning the consecrating of Bishops by force of the Queen's Commission are also confirmed XX. Provided that no person shall be impeached by any Certificate of any Bishop heretofore made touching the oath of Supremacy made 1 El. 1. XXI What Leases made by Bishops be good See Title Leases num 9. XXII Stat. 39. El. 8. Deprivations of Bishops and Deans in the beginning of the Queen's Reign shall be good and such as have been made since the Queen's time shall be lawful XXIII Stat. 1 Jac. 3. All assurances of Bishops lands to the King shall be void See Title Courts and Jurisdictions Ecclesiastical Books and Images I. Stat. 25 H. 8.15 None shall buy Books to sell again which are brought from beyond Sea ready bound in pain to forfeit for every book 6 s. 8 d. II. None shall buy of a stranger that is no Denizon any printed books brought from beyond Sea except in gross upon the like pain III. The forfeitures shall be levied of the buiers and divided betwixt the King and the prosecutor IV. The prices of books increased to unmeasurable rates shall be qualified by the Chancellor Treasurer and two chief Justices or any two of them ☞ V. Stat. 3 and 4 E. 6.10 Popish books are abolished and Images taken out of or yet remaining in Churches shall be destroyed But Quaere whether this Statute be in force because repealed by 1 M. 2. For albeit 1 M. afterwards be repealed by 1 Jac. 25. yet because the Statute of E. 6. was once repealed and not since revived by special words it may be doubted whether it be now in force VI. Stat. 14 Car. 2. ca. 33. An Act for preventing the abuses in printing seditious treasonable and unlicensed Books and Pamphlets and for regulating Printing and Printing-presses the said Act to continue for 2 years from the 10th of June 1662. and no longer VII Stat. 16 Car. 2. ca. 6. The Act for preventing the abuses in printing seditious and unlicenced books and pamphlets c. continued until the end of the next Session of Parliament VIII Stat. 16 and 17 Car. 2. ca. 7. continued until the end of the next Session of Parliament Bows and Bowstaves I. Stat. 12 E. 4.2 Four Bowstaves shall be brought into this Realm for every Tun of Merchandice brought in by any Merchant stranger from any place from whence Bowstaves have been formerly brought in pain of 6 s. 8 d. for every Bowstave whereof default is so made II. Search and survey shall be made of such Bowstaves by the head-Officer where the Ship c. lands who shall have power to appoint officers for that purpose III. Stat. 1 R. 3.11 Ten Bowstaves shall be brought into this Kingdom for every Butt of Malmsey or Tyre in pain of 13 s. 4 d. for every Tunn IV. Bowstaves shall not be sold ungarbled but to a Subject born ☞ V. Stat. 8 Eliz. 10. A Bowyer dwelling in London or the suburbs shall have always ready 50 Bows of Elm Witch-hasel or Ash well made and wrought in pain of 10 s. for every Bow failing of that number to be divided betwixt the King and the prosecutor who must be an Armourer Fletcher or Bow-string-maker VI. No Bowyer shall sell a Bow of outlandish Elm of the best sort for above 6 s. 8 d. of the second sort above 3 s. 4 d. and of the worst sort above 2 s. nor one made of English Elm above 2 s. in pain to forfeit for every Bow otherwise sold 40 s. to be divided betwixt the King and any of the aforesaid
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
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
Merchants Subjects natural 4 l. 10. By Aliens and strangers 6 l. Into other Ports by Subjects 3 l. By Aliens 4 l. 10 s. 2. Muskadels Malmseys Cates Tents Alicants Bastards Sacks Canariees Malligoes Maderoes and all other sweet wines by Subjects natives brought into the Port of London the Tun 2 l. 5 s. By Stangers and Aliens 3 l. Into other Ports by native Subjects 1 l. 10 s. Ry Aliens and strangers 2 l. 5 s. XXVIII Poundage viz. 12 d. in the pound of all Merchandise goods according to the Book of Rates except Woollen clothes made in England called old Draperies Wines paying Tunnage Fish English taken and brought in English bottoms and all fresh fish and Bestial and all goods mentioned in the Book of Rates to be Custom free 12 d. per l. Of all Woollen broad clothes exported after the rate of each 64. in weight and so proportionably by subjects 3 s. 4 d. By Strangers Aliens 6 s. 8 d. For not paying of which the goods and merchandise shall be forfeit one moiety of the rate hereof to the King the other moiety to the Informer that shall seise or sue for the same XXIX Such as have their goods taken by Pyrates or perished at Sea being born Denizens may upon proof there before the Lord Treasurer or Baron of the Exchequer ship so many more goods of the same value without custom And herrings fish may be transported in English bottoms custom free XXX No rates can be set upon merchandise of Subjects or Alien but by common consent in Parliament The Rates intended by this Act agreed by the Common's house of Parliament and signed by the Speaker XXXI For goods above 5 l. value the Custom officers shall take such Fees and no other as were taken in the 4th year of King James untill they shall be otherwise setled by Parliament XXXII Iron armes Bandiliers Bridle-Bitts Halbert-heads and Shaps Holsters Muskets Carbines Fowling-pieces Pistols Pike-heads Sword or Rapier blades Saddles Snaffels Stirops Calve-skins dressed or undressed Geldings Oxen Sheep-skins dressed without the wool and all sorts of manufactures made of leather may be transported paying the Rates by this act appointed and no other XXXIII Goods when they are at the prices following may be transported viz. Gunpowder when the barrel exceeds not 5 l. Wheat when at the time of the lading the quarter exceeds not 2 l. Rie Beans and Peace 1 l. 4 s. Barly and Malt 1 l. Oats 16 s. Bacon the pound 6 d. Butter the barrell 4 l. 10 s. Cheese the hundred 1 l 10 s. Candles the dozen pound Paying the Rates appointed and no more 5 s. XXXIV Provided the King by Proclamation may at any time prohibit the transporting Gunpowder Armes and Ammunition XXXV Above the Rates aforesaid there shall be paid to the King of every Tun of Wine of the growth of France Germany Portugal or Mader a brought into London or elsewhere 3 l. within four moneths after importing and all other Wines 4 l. within nine moneths after importing and the importers shallgive security for the same and if the said wines be exported within 12 moneths the said additional duty shall be repayed and security discharged as to so much exported all Impost of Excise discharged And Prisage to pay no Custom See Title Ships LXVIII Who shall pay double Aliens Customes XXXVI Stat. 12 Car. 2. ca. 19. For preventing frauds and concealments of Customs If any person shall land and convey away any goods for which Tunnage and Poundage ought to be paid without entry or agreement for the Custom upon oath hereof made before the Lord Treasurer Baron of the Exchequer or Magistrate of the Port where the offence is committed or place next adjoyning thereunto they may grant warrant to search for the said goods and in case of resistance in the day time to break open any house and seize and secure the said goods so as the same be within one moneth after the supposed offence committed XXXVII In case of false information the party injured may recover his full dammages and costs and this Act to continue unto the end of the first Session of the next Parliament and no longer XXXVIII Stat. 14 Car. 2. ca. 11. An Act for the preventing and punishing fraudes and violences used to avoid the King's Customes and for regulating abuses therein See the Statute at large ☞ Customs and Usages I. Stat. 31 H 8.3 The Mannors c. of Thomas Lord Crommel and others within the County of Kent Leing Gavelkind land shall hereafter descend as lands at the Common Law ☞ Custos Rotulorum I. Stat. 37 H. 8.1 None shall be Custos Rotulorum but such as shall have a Bill signed by the King's hand for the same which shall be warrant for the Lord Chancellor to put and continue him in the Commission to be Custos Rotulorum until the King shall appoint another II. The Custos Rotulorum may execute that Office by a Deputy learned in the Laws and able to supply that place III. The Custos Rotulorum shall have power to appoint the Clerk of the peace who may also execute it by a sufficient Deputy approved by the Custos Rotulorum IV. This Act shall not inhibit the Arch-bishop of York the Bishop of Durham the Bishop of Ely and all others having lawfull power by the grant of the King or his Progenitors to make Custos Rotulorum within their several jurisdictions to use the same liberty which they had before V. Stat. 3. 4 E. 6.1 The Lord Chancellor or Keeper shall appoint the Custos Rotulorum in every County of England Wales and other the King's Dominions who may execute his Office by himself or by his Deputy Howbeit the power of others is saved who have power to name the Custos Rotulorum Days in Bank I. Stat. DE Anno Bissextili 21 H. 3. The day increasing in the Leap-year and the day next going before shall be accounted for one day and this was done to avoid the doubt of the year and day that were wont to be assigned to sick persons being impleaded to the end they might know when the Leap-year happened how to reckon their year and day II. Stat. 51 H. 3. If a Writ come in Utas Sancti Mich. Quinzime Mich. Tres Mich. Crastino Anim. Crastino Mart. Utas Martinì Quinzime Mart. Utas Hillarii Quindena Hillarii Crast Purif Utas Purific Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae or Crast Ascens Utas Trin. Quindena Trin. or Crast S. Joh. B. Utas S. John Bapt. Quindena S. J. B. Day shall be given thereupon unto the Utas Sancti Hill Quinzime Hill Crastino Purif Quinzime Paschae Tres Paschae Mense Paschae Quinque Paschae Utas Trin. sometimes in Crast S. J. B. Crast Utas S. J. B. Quindena S. Jo. Bapt. Utas Mich. Quindena Mich. Tres Mich. Mense Michaelis Crast Anim. Crast Mart. Utas Mart. Quindena Mart. And so every Term shall answer to other
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
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
costs and damages for delaying of execution by the writ of errour VIII Stat. 21 Jac. 24. The party or parties at whose suit any person shall stand charged in execution for debt or damages recovered their executors or administrators may after the death of the person so charged in execution lawfully sue forth new execution against the lands and tenements goods and chattels of the person so deceased in like manner as if the person deceased had never been taken in execution Howbeit this Act shall not extend to lands sold bonâ fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts IX For further remedy against the inconvenience of staying Execution after judgment in part provided against by the Stat. 3 Jac. cap. 8. no Execution shall be stayed in any of the said Courts by writ of Errour or Supersedeas after Verdict and Judgment in action of debt upon the Stat. 2 E. 6. for tithes promise for payment of money Trover Covent Detinue or Trespass unless such recognisance in the same Court be first entred as directed by the said Statute And if Judgment be affirmed the party presenting such writ or error shall pay double cost for such delay X. Proviso this Act not to extend to any popular action except Stat. 2 E. 6. for tithes nor to any Indictment Information Inquisition or Appeal XI Stat. 16. 17 Car. 2. cap. 8. After a Verdict of 12 men in any action suit bill or demand comenced after the 25 of March 1665 in any the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durram or Courts of the Great Session or in any of the 12 Shires of Wales Judgment thereupon shall not be stayed or reversed for default in form or lack of form or lack of pledges or but one pledge to prosecute returned upon the original writ or for default of entring of pledges upon any Bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by the reason of the omission of 6 c. armis or Contra pacem or for mistaking of the Christian-name or Sur-name of the Plaintiff or Defendant Demandant or Tenant summe or summes of money day moneth or year by the Clerk in any Bill Declaration or Pleading where the right name Sur-name summe day moneth or year in any Writ Plaint Roll or Record proceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the Plaintiff might have demurred and shewn the same for cause Nor for want of the averment of Hoc paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right venue so as the cause were tried by a Jury of the proper County or place where the action is laid XII Nor any Judgment after verdict confession by cognovit actionem or relicta verificatione shall be reversed for want of Miserecordia or Capiatur or by reason that a Capiatur is entred for a Miserecordia or a Miserecordia for a Capiatur Nor that Ideo concessum est per Curiam is entred for Ideo confideratum est per Curiam nor for that encrease of costs after a verdit in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any whatsoever are not entred to be by consent of the Plaintiff But that all such omissons variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or tryall are altered shall be amended by the Justices and other Judges of the Courts where such Judgments are or shall be give or whereupon the Record is or shall be removed by writ of Errour Provided this Act extend not to any Writ Declaration or suit of Appeal of Felony or Murther nor any indictment or presentment Felony Murther Treason or other matter nor to any process upon any of them nor to any Writ Bill Action or information upon any penal Statute other then concerning Customes and Subsedies of Tunnage and Poundage XIII And after the 20 of March 1664. No Execution shall be stayed in any of the aforesaid Courts by writ of Errour or Supersedeas thereupon after verdict and judgment in any action personal whatsoever unless a recognizance with condition according to the former Statute made 3 Jacob. cap. 8. shall be first acknowledged in the Court where such judgment shall be given XIV In writs of Errour to be brought upon any judgment after verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the Plaintiff in such writ or Errour shall be bound unto the Plaintiff in such writ of Dower of Ejectione firmae in such reasonable summe as the Court to which such writ of Errour shall be directed shall think fit with condition that if the judgment shall be affirmed in the said writ of Errour or the writ of Errour discontinued in the default of Plaintiff therein or that the said Plaintiff be nonsuit in such writ of Errour that then the Plaintiff shall pay such costs damages and summes of money as shall be awarded after such judgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any waste committed after the first judgment in Dower or Ejectione firmae And upon return thereof Judgment shall be given and Execution awarded for such mean profits and damages and for costs of suit Provided this Act extend not to any writ of error to be brought by any Executor or Administrator nor any action popular nor to any other action which is or shall be brought upon any penal Law or Statute except actions of debt for not setting forth of tithes nor to any Indictment Presentment Inquisition Information or Appeal This Act to continue in force for 3 years and to the end of the next Session of Parliament after the said 3 years and no longer Execution of Statutes I. Stat. 3 H. 7.1 The Lord Chancellor Treasurer and Privy Seal or any two of them calling to them a Bishop a Lord of the Council and the two chief Justices or two other Justices in their absence upon bill of information put to the Chancellor for the King or any other for maintenance retainers embraceries untrue demeanings of Sheriffs taking of money by Juries great Riots or unlawful assemblies have authority to call before them by writ or privy Seal
All fines whereupon Proclamations are not duly made by reason of the adjournment of any term by Writ shall be good as if that term had been holden from the beginning to the end and Proclamations therein made according to the Statute 4 H. 7.24 XXXIV This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered by judgment or otherwise XXXV Stat. 35 El. 2. Fines in the Common Pleas shall be proclaimed four times onely viz. once in the Term wherein the fine is ingrossed and once in each of the three Terms then next following ☞ Fines to the King I. Magna Chart. 26. 9 H. 3. Nothing shall be given for a Writ of Inquisition nor taken of him that prayeth Inquisition of life or member but it shall be granted freely and not denied First-fruits and Tenths I. Stat. 26 H. 8.3 The first-fruits and profits for one year of every spiritual living is granted to the King which every spiritual person shall pay or secure by bond before his actual possession of his Benefice II. Search for the value of Benefices and composition for the First-fruits thereof shall be made by the Lord Chancellor Master of the Rolls and other Commissioners to be appointed by the King for that purpose and the money and securities taken upon such Compositions made before the Chancellor and Master of the Rolls only shall be paid and delivered unto the Clerk of the Hanaper for which he shall render account as he useth to do for other profits of the Great Seal but being made before other Commissioners shall be paid and delivered unto the Treasurer of the King's Chamber or such other person or persons as the King shall authorize under the Great Seal for that purpose to receive the same III. Acquittances for the receit of any money paid for First-fruits under the hands of the Clerk of the Hanaper Treasurer of the King's Chamber and the Commissioners or any of them shall be a sufficient discharge for the same in any of the King's Courts IV. An obligation for First-fruits shall be of like force as a Statute-staple and no more shall be so taken for such an Obligation then 8 d. and 4 d. for an Acquittance V. The Commissioners shall every six moneths deliver by Indenture unto the Treasurer or other person or persons authorized as aforesaid such money and specialties as they shall receive and in case they do not or do conceal them they shall forfeit their office and be fined at the King's pleasure VI. If any be convicted by presentment verdict confession or witness before the Lord Chancellor or other Commissioners to have entred upon any spiritual living before payment or composition made as aforesaid he shall forfeit the double value of the First-fruits VII All First-fruits heretofore payable to other persons shall be from henceforth paid to the King VIII Provided that Bishops may give institution and induction Notwithstanding this Act. IX A rent of pension out of every spiritual living amounting to the tenth part of the annual value thereof shall be yearly paid unto the King at Christmas and the Collector thereof shall pay them in yearly befor the first of April X. The Lord Chancellor shall appoint Commissioners in every Diocess for the Discovery of the yearly value of every spiritual living there and to make Certificate thereof as also of such deductions as are to be made out of the same which Commissoners shall be aforehand sworn by Dedimus potestatem duely to execute their Commmissions XI Every spiritual person shall be charged for his tenth in the Diocess where he is albeit their possessions ly elsewhere XII Bishops shall be charged with the Collection of all the tenths within their respective Diocesses and shall make payment thereof yearly before the first of April unto the Treasurer of the King's Chamber or other person authorized to receive the same and upon non-payment thereof process shall issue out of the Exchequer against them XIII Bishops shall have power to levy the Tenths by Censures of the Church distress or otherwise and no replevin prohibition supersedeas or other writ or impediment shall be allowed to hinder the same XIV During the vacation of a Bishoprick the Dean and Chapiter shall be charge therewith XV. If tenths being due shall not be paid within 40 days after demand thereof made by the Bishop or his officers the Incumbent so making default after certificate thereof into the Exchequer under the Seal of the Bishop shall be adjudged deprived ipso facto of all such Benefices as he hath at the time of such certificate made or at any time after and the Benfice or Benefices which he so hath shall be adjudged void as if he were dead XVI The Bishop making such certificate shall be discharged of so much as is certified to be unpaid for the recovery whereof process shall issue out of the Exchequer against the Incumbent his Executors or Administrators or rather then the King should lose it against his successor XVII The Acquittances of the Treasurer of the King's Chamber or other Commissioners authorized to receive the tenth and all such certificates as aforesaid shall be allowed in all Courts without further warrant XVIII No Officer of the Exchequer shall take any thing of the Bishop or his Collector for his Account or Quietus est in pain to lose office and to be fined at the King's will XIX They which pay pensions to others out of their spiritual livings may retain the tenth part thereof and shall be therein protected by plea upon this Act. XX. No pension shall be reserved upon the resignation of a Benefice above the value of the third part thereof XXI They who in one Corporation aggregate of many have several and distinct possessions belonging to their respective dignities shall only pay for their own possessions and not for those of others XXII No First-fruits shall be paid for a Benefice being not above the yearly value of 8 marks except the Incumbent live three years after his Induction or Collation thereunto and there shall be an exception inserted in the Obligation that in case he live not out those three years the Obligation shall be void but if he outlive them the First-fruits shall be paid by him his Executors or Administrators XXIII Fees payable by any Bishop or other Prelate for temporal Justice shall be defalked out of the valuation of their several dignities XXIV Stat. 26 H. 8.17 Farmers of spiritual persons shall not be compelled to pay First-fruits or Tenths for their lessors XXV Stat. 27 H. 8.8 Every spiritual person at his entry into specialty for the payment of his First-fruits shall have deduction of the tenth part thereof in respect of the tenth which shall be by him payable that year XXVI Where the last incumbent leaves the tenth unpaid the successor may distrain the said incumbents goods found upon the Benefice and keep them until the Incumbent if living or if dead
his Executors Administrators or other owner of the said goods shall satifie the arrears which if not done within 12 days the goods may be appraised upon oath and sold for the satisfying thereof together with reasonable costs and in case there be no distress the successor may prosecute the Incumbent if living or if dead his executors administrators or other owner of his goods by bill in Chancery or Action of debt for the recovery of the same XXVII Stat. 32 H. 8.22 If a Bishop or any of his Deputies will make oath that they cannot levy a tenth they shall be discharged thereof upon their account in the Exchequer which Court shall also have power to examine the truth thereof by witnesses or otherwise and also to issue out Commissions and to receive Certificates for that purpose XXVIII If it be certified into the Exchequer by Commission or otherwise that any spiritual promotion is omitted out of the original Certificate of tenths which ought to have been there inserted that Court shall have power to enter it into the said original Record to the end it may be from thenceforth chargeable therewith XXIX Stat. 32 H. 8.47 The Bishop of Norwich and his successors shall collect the tenths of all spiritual promotions within his Diocess notwithstanding the Statute of 27 H. 8. not printed which did exempt them from the collection thereof XXX Stat. 34 35 H. 8.17 The tenths and pensions reserved upon the patents of the five new Bishops of Chester Glocester Peterborough Bristol and Oxford shall be paid in the Court of the first-fruits and tenths and not elsewhere But note that Court was afterwards annexed to the Exchequer by divers Acts of Parliament and Patents of H. 8. and Qu. Mary See Courts XXXI Stat. 2 3 E. 6.20 The penalty for default of payment of tenths shall be the forfeiture of that onely Benefice out of which the same is due notwithstanding the Statute of 26 H. 8.3 XXXII Stat. 7 E. 6.4 The Collectors of tenths shall before Midsummer next give good security to save the Bishop harmless against the King XXXIII The Bishop shall have the last day of May for the payment of tenths and for making Certificates for such as have refused to pay them notwithstanding the Stat. of 26 H. 8.3 XXXIV If a Benifice be void so that 〈…〉 can be there received the Bishop upon certificate shall 〈◊〉 â—â—â—ischarged thereof and then the King shall have it levied upon the Glebe by way of seisure XXXV The Patent of a Collector of tenths shall be good no longer then during the continuance of the Grantor in the See XXXVI Stat. 1 El. 4. The First-fruits and tenths restored to the Crown the Statutes prescribing the grant and order of them re-continued the Statute of 2 3 of P M. 4. by which they were taken away repealed and they shall from henceforth be within the Survey of the Court of Exchequer XXXVII All Advowsons of Vicarages incident to any of the Queen's impropriations shall be resetled in her notwithstanding any Act done by Cardinal Pool or grant made by Queen Mary saving unto all persons except such unto whom such grants have been made their right and interest into or out of such Impropriations XXXVIII Pensions and all other yearly payments shall be paid as before the Act of 2 3 P. M. XXXIX All persons in arrear for those duties shall now be answerable for them to the Queen XL. Vicarages of 10 l. per annum and Parsonages of 10 marks per annum or under shall not be chargeable with First-fruits XLI If an Incumbent continue-in the Benefice half a year after the last avoidance and dy or be legally outed before the end of the year he his executors administrators or sureties shall onely pay a 4th part of the First-fruits if he live out the year and dy or be outed within 6 moneths after the year only half the First-fruits shall be paid and if he live out the year and half and dy or be outed within one year only the quarter thereof shall be paid XLII Discharge of First-fruits and tenths heretofore granted by any of the Queens predecessors to the Universities or the Colledges in them or to those of Eaton and Winchester shall remain good notwithstanding this Act also the Dean and Cannons of Winsor shall be from henceforth discharged thereof XLIII All grants of Impropriations belonging to the Arch-diaconry of Wells shall remain good notwithstanding this Act yet the said Arch-diaconry and all spiritual promotions assigned to it shall from henceforth pay First-fruits and tenths XLIV All Impropriations and other profits or emoluments Ecclesiastical which were formerly within the survey of the Dutchey Court of Lancaster shall be re-continued notwithstanding this Act or that of 2 3 of P. M. XLV The reve◠〈◊〉 of Hospitals and Schools shall not be charged with the pay 〈◊〉 of First-fruits or tenths notwithstanding this Act. ☞ Fish Fishers and Fishing * I. West 2.17 13 E. 1. None shall take Salmons betwixt the 8 of September and the 11 of November nor young Salmon with nets or other Engines at Mil-pools betwixt the midst of April and the 24 of June in pain of having their nets and engines burnt for the first offence for the second to suffer a quarter of a years imprisonment for the third a years imprisonment and after to have their punishment increased according to the trespass And in places where fresh waters be overseers of this Statute shall be assigned and sworn to inquire of the offenders II. Stat. 31 E. 3. Stat. 2.1 No Hering shall be bought or sold in the Sea before the Fishers be come into the Haven and the cable of the Ship be drawn to the land III. Stat. 31 E. 3. Stat. 2.2 The order and time of bringing in and selling of Herings at the Fair of Great Yarmouth and there the price of a last of Hering shall be 40 s. IV. There shall be no forestalling of Herings but they shall come freely unsold into the Haven V. No Riber shall buy any fresh Hering in Yarmouth Haven between the Feasts of S. Mich. and S. Martin in pain of imprisonment at the King's will and to forfeit the Hering so bought VI. No Piker of London or of any other place shall enter into the Haven there to abate the Fair in pain to forfeit the Vessel and all the goods thereof VII The Hostlers there shall be sworn before the Wardens of the Fair to treat their guests well and shall have 40 d. for every last sold to others besides themselves but for those sold to themselves they shall take nothing VIII An hundred of Hering shall be 120 and a last ten thousand IX Merchants shall sell a thousand of Herings according to the rate of the last and those of Yarmouth shall sell a last of red Hering bought for 40 s. for a Noble gain and those of London for a Mark gain when they bring them thither from
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
onely ornaments of the Church beside Challices the metal plainly appearing in some part thereof in pain to forfeit 5 l. to the King and damages to the party deceived by them XVI Stat. 2 H. 5. Stat. 2. cap. 4. Goldsmiths shall gild no Silver wares but of the alloy of Sterling and shall not take above 46 s. 8 d. for a pound of Troy Silver so guilt and for more or less after the same rate in pain to forfeit to the King the value of the thing otherwise sold * XVII Stat. 8 H. 5.3 None shall gild sheaths or any metal but Silver and the ornaments of holy Church neither shall any Silver any metal but Knights spurs and the apparel pertaining to a Baron or above that estate in pain to forfeit ten times the value of the thing so gilt and to suffer a years imprisonment he also that will sue for the said forfeiture shall have a third part thereof for his pains ☞ XVIII Justices of Peace have power to hear and determine the offences committed against this Act. * XIX Stat. 2 H. 6.14 None shall sell any work of Silver unless it be as fine as sterling except what sowder is necessary to be used therein for which allowance shall be made accordingly XX. None shall put to sale any Silver harness in London before it be touched and also marked with the Goldsmith's mark first made known to the Wardens of that Craft in pain to forfeit the double thereof XXI If the Keeper of the Touch mark such harness with the Leopards head which is not as fine as sterling he shall forfeit the double value thereof to the King and damages to the party grieved XXII York Newcastle Lincoln Norwich Bristol Salisbury and Coventry shall have several touches according to the Ordinances of the chief Officers there which shall be directed by the orders of London upon the like forfeiture XXIII No Goldsmiths elsewhere where there is no touch shall put to sale any work of Silver under the fineness of sterling and shall set their mark thereupon before they so put it to sale upon the like forfeiture ☞ XXIV All Justices of Peace may hear and determine the offences committed against this Act Howbeit if the Mint-master offend he shall be punished according to the form of his Indentures Vide Stat. 2 H. 6.12 in title Money * XXV Stat. 4 H. 7.2 No Finor of Gold and Silver shall alloy any fine Silver or Gold nor sell it save onely to the Officers of the Mint Changers and Goldsmiths for the amending of Coin and Plate for which he shall receive the true value in pain to forfeit the value of the Gold or Silver so alloyed or sold to be divided betwixt the King and the finder XXVI Neither shall any such Finor sell any silver in Mass molten and alloyed in pain to forfeit the same to be divided betwixt the King and the finder XXVII All fine Silver which is to be parted shall be made so fine that it may bear 12 penny weight of alloy in a pound weight and yet remain as good as sterling and every Finor shall put his several mark upon such fine Silver in pain to forfeit the value thereof to be divided betwixt the King and the finder XXVIII No Goldsmith shall melt or alloy any fine Silver except it be for making of Amels Goldsmiths work or mending of Plate to make it as good as sterling neither shall he sell any fine or alloyed Silver molten into mass to another Goldsmith and to any other person whatsoever XXIX This Ordinance shall be observed by all Goldsmiths in pain to forfeit their Silver or the value thereof to be divided betwixt the King and the finder * XXX Stat. 18 El. 15. No Goldsmith shall work sell or exchange any Goldsmiths ware of Gold under 22 carets fine nor shall put more sother amel or other stuffings in his work then is necessary for the finishing thereof neither shall he take above 12 d. for the ounce of Gold besides the fashion more then the buyer may be allowed for it at the Queen's exchange or Mint in pain to forfeit the value of the thing so sold or exchanged XXXI No Goldsmith shall make sell or exchange any Goldsmiths ware of Silver less in fineness then 11 ounces and two penny weight or take above 12 d. for every pound weight of such ware besides the fashion more then the buyer may be allowed for it at the Queen's exchange or mint nor put to sale any Silver work before he hath set his own mark to so much thereof as may conveniently bear the same in pain to forfeit the value of the thing so sold or exchanged XXXII If any Goldsmiths work be marked and allowed by the Wardens or Masters of that Mystery and be afterwards found faulty the Wardens and Corporation of the said Mystery shall forfeit the value of the thing so sold or exchanged XXXIII The said forfeitures are to be divided betwixt the Queen and the party grieved XXXIV Stat. 14 Car. 2. cap. 3. None shall melt any currant money of this Realm upon penalty of the double value besides the coyn melted XXXV Person offending therein if free-men of any City or Corporation shall be disfranchised disabled from using any trade and not being free-men of any Corporation shall suffer six moneths imprisonment Grants I. Stat. 3 4 E. 6.4 An exemplification of the inrolment of the King's Letters Patents under the Great Seal shall be of a good force to be shewed or pleaded in behoof of the Patentees their heirs successors and assigns or of any other having any state from by or under them or any of them or by any other means under the date of such Letters Patents as if the Letters Patents themselves were produced II. Stat. 13 El. 6. An exemplification of the inrolment of the Letters Patents by H. 8. E. 6. Qu. M. Ph. M. Qu. El. or any of them since the 4th of Febr. in the 27 year of H. 8. or hereafter to be granted by the Queen her heirs or successors shall be of as good force to be shewed or pleaded in behoof of the Patentees their heirs successors and assigns and every other person having any estate from by or under them or any of them as well against the Queen her heirs and successors and against all other persons whatsoever as if the Letters Patents themselves were produced ☞ Gunpowder I. Stat. 16. 17 Car. 21. An Act for the free bringing in of Gunpowder and Salt-peter from forreign parts and for the free making of Gunpowder in this Realm See the Statute at large And see title Customes and Customers num XXXIV Hats and Caps * I. Stat. 8 El. 11. NOne by himself or any other shall work Hats or Felts with forreign wool or stuff unless he hath been Apprentice or Covenant-servant seven years at least to the mystery of Hat or Felt-making in pain to forfeit the Hats or Felts he shall make or cause
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
for the victualling or amending of Ships ☞ News * I. West 1.33 3 E. 1. None shall report any false or slanderous news or tales whereupon discord may arise betwixt the King and his People or the great men of the Realm in pain of Imprisonment until he produce the Author II. Stat. 2. R. 2. Stat. 1.5 None shall devise speak or tell any false news lies or other such false thing of Prelates Lords or the great Officers of the Realm whereby any discord or slander may arise in pain to be punished as by the Statute of westm 1. ordained III. Stat. 12. R. 2.11 When any one hath spoken falsities contrary to the aforesaid Statutes and cannot produce the Author and is thereupon imprisoned he shall afterwards be punished by the Kings Council notwithstanding the said Stat. of West 1. Nisi prius I. West 2.30 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin Mortdancester and Attaiuts and they shall associate unto them one or two of the discreetest Knights of the County where they come which Assizes and Attaints shall be taken but thrice in the year viz. 1. between 8. of July and the first of August 2. the 13. of September and the 6. of October the 3. of January and the 2. of February II. At such Assizes before they depart they shall appoint the day of their return and may also adjourn the Assizes from day to day if the taking of them happen to be deferred at any day by vouching to warranty essoin or default of jurors They may also adjourn Assizes of Mortdancaster being respited by essoin or voucher into the Bench and in such case shall send thither the Record thereof together also with the Original writ And when the matter is come to the taking of the Assize the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken But the Justices of the Bench in such Assizes shall give 4. dayes at least in the year before the Justices assigned to spare expence and labour III. All pleas in either of the Benches that require small examination shall be determined before them Howbeit it must be at a day and place certain appointed in the presence of the parties and mentioned in the Judicial writ by these words Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis nisi Talis Talis tali die loco ad partes illas prius venerint duodeeim c. And when the Inquests of such pleas are taken they shall be returned into the Bench where they were commenced to receive Judgement and to be inrolled And Judgement otherwise taken shall be void except in an Assize of Darrein presentment and Inquisitions of Quare impedit which shall be determined in their proper County before one of the Justices of the Bench and a Knight at a day certain in the Bench assigned whether the Defendant consent or not and there shall judgement also passe immediately IV. The Justices of the Benches shall have in their Circuits Clerks to inroll all pleas pleaded before them as hath been used in times past and the Justices assigntd shall not compell the Jurors to say precisely whether it be disseisin or not so as they will shew the matter of fact and then require aid of the Justices But if they will of their own head say that it is disseisin their verdict shall be admitted at their own peril And the Justices shall not put upon Assizes or Juries any other then such as were summoned for the same at the first V. Stat. Definibus levatis 27 E. 1.4 Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices before whom the plea is brought being associate to one Knight of the same County where such Inquest shall pass unless they require great examination And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa which see in Jurors VI. Stat. Eborac 12 E. 2.3 Inquests in pleas of land that require no great examination shall be taken in the County before a Justice of the Peace where the plea is accompanied with a substantial man in the Country whether Knight or other so as a certain day be given in the Bench and a certain day and place in the Countrey in the presence of the parties and the demandant request the same but Inquests of Pleas that require great examination shall be taken in the Countrey in manner aforesaid before two Justices of the Bench. VII Stat. Ebor. 12 E. 2.4 Justices of Nisi prius have power to record non-suits and defaults in the Countrey at the dayes and places assigned and shall report them in the Bench at a day certain there to be inrolled and thereupon Judgment shall be given VIII Stat. 2 E. 3.16 Inquests in pleas of Land shall be as well taken at the request of the tenant as of the demandants notwithstanding the Statute of 12 E. 2.3 IX Stat. 4 E. 3.11 Justices of the Benches of Assiise and of Nisi Prius shall have power to hear and determine maintenance conspiracy confederacy and champerty as well as Justices in Eyre And that which cannot be determined before the Justices of either Bench upon the Nisi Prius shall be adjourned unto the Bench where they are Justices and shall be there determined Note that this Statute is confirmed by the Statute of 7 R. ◠15 which see in Maintenance X. Stat. 14 E. 3. Stat. 1.16 A Nisi prius in the Kings Bench shall be granted before a Justice of that place if any Justice of that place may well go into those parts if not then before a Justice of the Common Pleas so likewise those in the Common Pleas shall be grantable before a Justice of the Kings Bench if he may go thither vice versa but if none of them may go then before the chief Baron if c. or else before the Justices assigned to take Assizes in those parts so as one of them be a Justice of one of the Benches or the Kings Serjeant sworn And here to avoid fraud if one party demand a tenor of the record another tenor thereof shall be also upon request delivered to the other party XI Where Assizes of Quare impedits and Darrein presentments are triable in the Countrey by Nisi prius before the Justices of either Bench the chief Baron or Justices of Assize they may there give Judgment upon them XII Stat. 7 R. 2.7 In all pleas where Nisi prius is grantable of office after the great distress returned and three times served before the Justices against the Jurors and thereupon the parties demanded if either party will pursue or if they refuse to have a Nisi prius in the case then at the suit of any of the Jurors there present a Writ of Nisi prius shall be
Statute III. Provided also that no Painter shall take above 16 d. the day for laying any flat colour whatsoever mingled or mixed with Oyl or Size upon any Timber Stone or Lead Palace I. Stat. 28 H. 8.12 The limits of the Kings Palace at Westminster sholl extend from Chariag-Cross to Westminster-Hall and shall have such priviledges as the Kings ancient Palaces have Panel I. Stat. 42 E. 3.11 No Inquests but Assizes and Deliverances of Goals shall be taken by Writs of Nisi prius before the Names of all that are to pass thereupon are returned into the Court. II. The Sheriff shall array the Panels in Assizes four days at least before the Sessions of the Justices in pain of 20 l. so that the parties may have a Copy of the Panels if they demand them and the returns thereof by the Bailiffs to the Sheriffs shall be six dayes before the Sessions upon the like pain III. The most substantial people worthy of credit and not suspect shall be put upon Panels and such as may have best knowledge of the truth and dwell nearest IV. Stat. 3 H. 8.12 Panels returned by the Sheriff to inquire for the King may be reformed by the Justices of Goal-Delivery or Justices of Peace 1 Qu. before whom such Panel shall be so returned And the Sheriff shall return the Panels so reformed in pain of 20 l. to be divided betwixt the King and the Prosecutor and in this case the Kings Pardon shall be no bar against such Prosecutor ☞ Pardon I. The Stat. of Glocester 9. 6 E. 1. No Writ shall be granted out of the Chancery for the death of a man to inquire whether one did kill another by misfortune or se defendendo or otherwise by Felony but the party shall be put in Prison until the coming of the Justices in Eyre or Justices assigned to the Goal-delivery and shall put himself upon the Countrey before them and in case it be found per insortunium or se defendendo upon report thereof to the King by the Justices the King shall take him to his Grace if he so please II. Stat. 2 E. 3.2 pars inde Charters of Pardon for Manslaughters Robberies Felonies and other Trespasses shall not be granted but where the King may do it saving his Oath viz. where one man killeth another in his own defence or by a misfortune III. Stat. 4 E. 3.13 The Statute of 2 E. 3.2 is confirmed IV. Stat. 10 E. 3.2 Pardons shall not be granted contrary to the Stat. of 2 E. 3.2 V. Stat. 10 E. 3.3 He that hath a pardon of Felony shall within three moneths after such pardon find Sureties before the Sheriff and Coroners for the good behaviour which shall within 3 weeks after the 3 moneths be returned into the Cháncery under the Seals of the said Sheriff and Coroners And if the party give not Security as aforesaid as being bound do bear himself otherwise against the Peace than he ought the Pardon shall be holden for none VI. Stat. 14 E. 3. Stat. 1.15 No Pardon of the death of a man or other Felony shall be granted but onely where the King may do it saving the Oath of his Crown and if any Pardon be granted against the Statutes made before this time it shall be holden for none VII Stat. 27 E. 3. Stat. 1.2 Pardons which have not in them the suggestion whereupon they are granted and also the Suggestors name shall be void so are those likewise which are granted upon false suggestions VIII Stat. 13 R. 2.1 In a Pardon the offence committed shall be specified otherwise it shall not be allowed IX No Pardon of Treason or Felony shall pass without Warrant of the Privy Seal X. If the Offence pardoned be afterwards found wilful Murder that Pardon shall not be allowed Vide. Stat. 16 R. 2.9 XI Stat. 5 H. 4.2 If an Approver shall commit Felony after he is pardoned he that procured his Pardon shall forfeit 100 l. whose Name shall also for that purpose be inserted in the said Pardon XII Stat. 21 Jac. 35. The Kings most gracious and general Pardon except as therein is excepted See the Statute at large XIII Stat. 12 Car. 2. cap. 11. The Kings most gracious free and general Pardon Indempnity and Oblivion See the Stat. at large ☞ Parliament I The Mirrour of Iustices Cap. 1. Sect. 3. Anno Aelfredi Primi Monarchae Anno Domini Parliaments shall be held twice a year and oftner if need require But note that this was by the King and Lords onely and in time of Peace II. Stat. 4. E. 3.14 A Parliament shall be holden once a year and oftner if need be III. Stat. 36 E. 3.10 A Parliament shall be holden every year IV. Stat. 5. R. 2. Stat. 2.4 Every person and Communalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished And if the Sheriff doth not summon them he shall be likewise amercied or otherwise as hath been used in times past V. Stat. 12 R. 2.12 The levying of the expences of Knights coming to Parliament shall be made as in times past and if any Lord or other have purchased Lands or other possessions that were wont to be contributary to such expences they shall still continue to be so notwithstanding such purchase VI. Stat. 7 H. 4.15 The election of the Knights of the Shires shall be as followeth viz. At the next County after the delivery of the Writ Proclamation shall be made in full County of the day and place of the Parliament and that all there present as well Suitors summoned as otherwise shall attend to the Election of the said Knights and then in full County a free and indifferent Election shall be made notwithstanding any request or command to the contrary VII After such Choice the names of the parties so chosen be they present or absent shall be written in an Indenture under the Seals of all them that did choose them which Indenture so sealed and tacked to the said Writ shall be the Sheriffs return thereof touching the Knights of the Shires And in such Writs this Clause shall be hereafter put Et electionem tuam in pleno Comitatu tuo factam distincte aperte sub sigïllo tuo sigillis corum qui electioni illi interfuerunt nos in Cancellaria nostra ad diem locum brevi contentum certifices indilate VIII Stat. 11 H. 4.1 Justices of Assize shall have power to inquire in their Sessions of Returns made by the Sheriffs contrary to the Statute of 7 H. 4.15 And if it be found by Inquest that any Sheriff hath made any such return he shall forfeit 100 l. to the King and the Knights so unduly returned shall lose their wages IX Stat. 1 H 5.1 All former Statutes made for the election of Knights of the Shire are confirmed X. They shall be resiant in the County for which they are chosen the day of the date of the Writ of Summons so also shall
they be that choose them Also Citizens and Burgesses shall be resiant in and free of the Cities and Boroughs for which they are chosen XI Stat. 6 H. 6.1 Knights of the Shires and Sheriffs against whom any Inquest of Office for undue Elections are found before the Justices of Assize shall have their answer and traverse thereunto and shall not be damnified thereby until they be duly convict thereof according to Law XII Stat. 8 R. 6.1 The Clergy called to the Convocation by the Kings Writ together with their Servants and Familiars shall fully use and enjoy such liberty or defence in coming tarrying and returning as the great men and Communalty of the Realm called to Parliament do or ought to enjoy XIII Stat. 8. H. 6.7 The election of Knights of the Shire shall be made by the more voices of people dwelling in the Counties having each of them Land or Tenements of the yearly value of 40 s. besides Reprises also the Knights so chosen shall be resiant within the same Counties XIV The Sheriff hath power to examine upon Oath the choosers how much they may expend by the year XV. If the Sheriff be found by Inquest and also attainted before Justices of Assize to have done contrary to this Act he shall forfeit 100 l. to the King and suffer a years imprisonment without Bail and in that case the Knights so returned shall lose their wages XVI He that cannot expend 40 s. per annum shall have no voice in the election of Knights for the Parliament and hereafter in every Writ issued out for that purpose mention shall be made of this Ordinance XVII Stat. 10 H. 6.2 A chooser of the Knights of Parliament must be resident and have free-hold worth 40 s. per annum besides Reprises within the same County XVIII Stat. 23 H. 6.11 The Sheriff in the next County Court after he shall have received the Writ for assessing the wages of the Knights of Parliament shall make Proclamation that the Coroners chief Constables Bailiffs and all others that will appear at the next County Court to assess the same wages at which last County the Sheriff and the other Officers shall be present in proper person in pain that every one that makes default shall forfeit 40 s. and then the Sheriff shall in full County assess every Hundred by it self and every Town in each Hundred by it self so as the sum assessed upon all the Hundreds exceeds not the entire charge of the County nor that assessed upon all the Towns in each Hundred exceeds not the sum charged upon the Hundred in which they be XIX The Sheriff or other Officer which levies more then is so assessed shall forfeit 20 l. to the King and 10 l. to the Prosecutor for the recovery of which 10 l. the said prosecutor shall have a Scire faciaâ— and if the Defendant make default or appear and is afterward convict he shall recover the said 10 l. to his own use over and above the said 20 l. and besides treble damages for his costs of suit XX. The Sheriff shall levy the said Assesments as speedily as may be after they are so assessed and shall deliver them to the Knights XXI Justices of both Benches Justices of Assize Goal-delivery and Peace have power to hear and determine these abuses as well at the suit of the King as of the party XXII This Assessment shall not be levied but only in places where it hath been formerly levied and hereafter in every Writ for the levying of such wages this Act shall be inserted XXIII Stat. 23 H. 6.15 The Statutes of 1 H. 5.1 and 8 H. 6.7 shall be kept in all points XXIV The Sheriff after the receipt of the Writ shall deliver a precept under his Seal to every Mayor and Bailiff or Bailiffs or Bailiff where no Mayor is of the Cities and Burroughs within his County reciting the Writ and commanding them if it be a City to choose by Citizens of the same City Citizens and if a Burrough Burgesses to come to the Parliament And such head-Officers shall lawfully return such precept to the same Sheriff by Indenture betwixt them of such Elections and of the names of the Citizens and Burgesses so chosen and thereupon the Sheriff shall make a good return of every such Writ and also of every such return made by the said Head-Officers XXV If the Sheriff aforesaid do contrary to this Act or any other formerly made for the election of Knights Citizens and Burgesses the Sheriff shall incur the pain contained in the said Stat. of 8. H. 6.7 and besides shall forfeit to the person so chosen and not duly returned 100 l. more to be recovered by action of debt by the said person so chosen against the said Sheriff his Executors and Administrators or in his default by any other prosecutor in which Action no Essoin c. shall be allowed And if such Head-Officers shall make a false return they shall forfeit 40 l. to the King and 40 l. more to the person so chosen and not returned to be recovered by such person or other prosecutor in manner aforesaid XXVI The Sheriff that maketh not due election of Knights betwixt the hours of 8 and 11 in the forenoon and a good true return in manner aforesaid shall incur the pain of 100 l. to the King and as much to any that will sue for the same XXVII The party grieved shall commence his Action within three moneths after the beginning of the Parliament and in his default the prosecutor may then take it XXVIII If any Knight Citizens or Burgess returned by the Sheriff be put out and another put in his place the person so put in if he take the place upon him shall forfeit 100 l. to the King and as much to the person so put out who shall have an Action of debt for the same if he commence his Suit within three months after the beginning of the Parliament XXIX The Knights of the Shires shall be notable knights of the same County for which they are choser or else notable Esquires or Gentlemen born in the same Counties and such as are able to be knights but none shall be such a knight which standeth in the degree of a Yeoman or under XXX Stat. 6 H. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-ports shall depart from the Parliament without the licence of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book in pain to lose their wages XXXI Stat. 33 H. 8.21 The Kings Royal assent by his Letters Pattents under the Great Seal and signed by his hand and notified in his absence to the Lords and Commons assembled in the Upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto XXXII Stat. 35 H. 8.11 Whereas Knights and Burgesses of Parliament in England and Wales have used to
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
H. 4.3 and 4. Religious persons purchasing Bulls from the Pope to be exempted from obedience or tithes shall incur a praemunire X. Stat. 7. H. 4.8 No provision shall be made by the Pope nor license or pardon by the King touching any Benefice then full of an Incumbent XI Stat. 3. H. 5.4 All Provisions made by the Pope and licences or pardons by the King touching any Benefices full of an Incumbent shall be void and the provisors thereof shall incur a pramunire ☞ Purprestures I. Stat. De Bigamis 4. E. 1. Purprestures or usurpatrons upon the King shall be reseised and if any complain of such reseisures h◠shall be heard and have right done him ☞ Purveyors * I. Magna Carta 21. 9. H. 3. No Sherrif or Bailiff of the King or any other shall take any Horses or Carts of any man to make carriage except they pay for carriage with two Horses after the rate of 10 d. a day and with three 14 d. a day II. No Demesne Cart of any Spiritual person Lord or Knight shall be taken for carriage by the Kings Bailiffs Neither shall any wood be taken for the Kings use without the owners license III. Stat. De Tallagio nonconcedendo Tempore H. 3. vel E. 1. None of the Kings Ministers shall take any Corn Hides or any other goods without the owners consent IV. West 1.31 3. E. 1. Purveyors who take any thing for the Kings use upon credit shall immediately after they shall have received money of the King satisfie the Creditor in pain to have the same together with damages levied of their lands and goods and also to make fine for the trespass And if they have neither lands not goods they shall suffer imprisonment at the Kings will V. None shall take more Horses or Carts for the Kings use then need requires Nor take a reward to excuse any in pain to be punished by the Marshals if he be of the Court and if not being thereof attainted to pay treble damages and to remain in the Kings prison 40 dayes VI. Artic. super Cart. 2. 28. E. 1. None but the Kings Purveyors shall take any prices and they only for the use of his House paying or agreeing with the party for the same if the prices taken be meat drink or such other mean things VII Purveyors shall before they take any goods shew their Warrant to the owner which Warrant shall be under the great or petty Seal declaring also their authority and the goods whereof they are to make purveyance neither shall they take any more then need requires VIII Purveyors shall not take any thing for such as are in wages nor for any other but shall make full answer in the Kings House and in the Wardrobe for all things taken by them without making their larges elsewhere or liveries of such things as they have taken for the King IX A Purveyor upon complaint made to the Steward or Treasurer of the Kings House being attainted to have offended in the premisses shall forthwith agree with the party grieved be put out of the Kings Service for ever and remain in prison at the Kings pleasure X. If a Purveyor be attainted to have taken any thing without Warrant he shall be conveyed to the next Goal and suffer as a Felon if the value of the goods do so require XI Concerning prices made in Fairs good Towns and Ports for the Kings great Wardrobe the Purveyors shall have their common Warrant under the Great Seal XII This Act shall not diminish the Kings right to ancient prices due and accustomed as of Wines and other goods See this Statute confirmed by 18. E. 2.2 4. E. 3.4 and 25. E. 3.1 XIII Stat. 4. E. 3 3. No purveyance shall be made but only for the Houses of the King Queen or their Children XIV Purveyance made for those Houses shall be taken by ordinary striked measure and prized at the true value by the Constable and other good men of the place according to their Oath and without threats or dures for which express payment shall be made before the Kings departure out of that Verge See this Statute confirmed 10 E. 3.1 XV. Stat. 5. E. 3.2 Purveyances for the Houses of the King Queen and their Children shall be made without menace by the Constables and four disereet men of the place where they are to be taken who shall also be thereto sworn And Talley of the goods so taken shall be strook betwixt the Purveyors and the owners thereof in the presence of those Constable and apprizers under the Seals of the said Purveyors according to which the owners shall be afterwards paid And if a Purveyor shall be attainted to have taken any thing otherwise then is limited by this Statute he shall be imprisoned and suffer as a Felon if the value of the goods require it And in every Warrant of Purveyance the form and penalty of this Statute shall be inserted See 10 E. 3.1 and 25 E. 3.1 to the like effect XVI Stat. 14. E. 3. Stat. 3.1 Spiritual persons goods shall not be taken by Purveyors nor their Houses charged with Horses Dogs Hawks or the like without their consent and good liking XVII Stat. 13 E. 3.19 Stat. 1. The Kings Purveyors shall take nothing without the owners consent and shall pay for what they take before the Kings departure out of that Verge And if they attempt to do any thing against this Statute by colour of their Commission no man is bound to obey them XVIII For the purveyance of Towns and Castles in Scotland and England Merchants shall be appointed by the Treasurers without Commission but none shall be compelled to sell any thing against their will XIX The Sheriff shall make purveyance for a certain number of the Kings Horses and Dogs out of the issue of his Bailiwick XX. The Countrey shall not be charged with any more persons then are necessary to keep those Horses v z. for every Horse a servant without bringing Women Pages or Dogs with them XXI Stat. 18. E. 3.4 In Commissions of purveyance the fees of the Church shall be excepted XXII Stat. 25. E. 3. Stat. 5.6 No Purveyor shall take any Timber growing about a mans house in pain of one years imprisonment and the losse of his Office XXIII Stat. 25. E. 3. Stat. 5.15 No Purveyor shall take more sheep for the Kings House before Sheer-day then shall be needfull in pain to suffer as a Felon and this penalty shall be inserted in every Commission of Purveyance XXIV Stat. 28. E. 3.12 When the value of the purveyance exceeds not 20 s. present payment shall be made for it within one quarter of a year after upon a certain day and at a place convenient for the party that is to receive it XXV Stat. 34. E. 3.2 No purveyance shall be hereafter made save only for the King Queen and Prince XXVI Stat. 34. E. 3.3 As concerning parveyances for the Queen or Prince present payment shall be made
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
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
be personally resident and abiding upon his said Dignity Prebend or Benefice or at one of them at least in pain to forfeit for not being so resident by the space of a month together or of two months to be accounted at several times in any one year the sum of 10 l. to be divided betwixt the King and the Prosecutor XVIII None shall obtain from Rome or elswhere any license or dispensation to be non-resident in pain of 20 l. to be forfeited as aforesaid XIX Howbeit this Act shall not extend to any Spiritual person being in the Kings service beyond Sea or upon a pilgrimage beyond Sea during the time that he shall be so in the Kings service or upon the said Pilgrimage nor to any Schollar abiding for study without fraud at any University within this Realm nor to any of the King or Queens Chaplains in Ordinary neither yet to any of the other abovesaid Chaplains which shall daily attend in their Lords or Masters housholds so long as they so attend without fraud nor to the Master of the Rolls Dean of the Arches the Chancellor or Commissary of any Arch-bishop or Bishop the twelve Masters of the Chancery or the twelve Advocates of the Arches being Clergy men so long as they execute their Offices or places nor to any Spiritual person compelled by the injunction of Lord Chancellor or the Kings Council to daily appearance to answer the Law so long as he shall be so enjoyned XX. Also a Spiritual person being the Kings Chaplain may accept of the Kings gift any Benefices to what number soever without the incurring the penalty of this Act and the King may also license his Chaplains for non-residence upon their Benefices notwithstanding this Act. XXI No Spiritual person shall take in farm any Parsonage or Vicarage in pain to forfeit 40 s. for every week that he or any other for his use so occupies the same and also ten times the value of the profit or rent that he makes thereof both which forfeitures are to be divided betwixt the King and the Prosecutor XXII Provided that no Deanary Archdeaconry Chancellorship Treasurership Chantership or Prebend in any Cathedral or Collegiat Church nor Parsonage that hath a Vicar indowed nor any Benefice perpetually appropriate shall be taken to be a Benefice with Cure of Souls XXIII No spiritual person or any other for his use shall keep any Tan-house or Brew-house in pain to forfeit for every month so using the same 10 l. to be divided as aforesaid Howbeit he may here have a Brewhouse for his own private use XXIV Every Dutchess Marquess Countess or Baroness Widows shall retain their priviledges concerning Chaplains notwithstanding their intermarriages with other persons of a lower degree XXV All Spiritual persons having possessions in right of their houses above the value of 800 marks may keep so much thereof as shall be necessary for the maintenance of their housholds notwithstanding this Act Or may take a dwelling-house with Orchards and Gardens for their dwelling so as by colour thereof they take not liberty to be non-resident XXVI Stat. 25. H 8.16 Every Judg of the Kings Bench and Common Pleas the Chancellor and Chief Baron of the Exchequer and the Kings Attorney and Sollicitor General may each of them have one Chaplain to be attendant to his person having one Benefice with Cure who may be non-resident upon the same XXVII Stat. 28 H. 8.13 Every Spiritual person above the age of fourty years being Beneficed the Chancellor Vice-Chancellor Commissary Rulers of Colledges or Halls Doctors of the Chair and Readers of Divinity in either of the Universities only excepted shall be resident upon one of their Benefices according to the Statute of 21 H. 8.13 upon the pain therein provided for non-residence XXVIII Also every Beneficed person under the age of fourty years abiding in either of the Universities shall not enjoy the priviledg of non-residence provided by the said Statute of 21 H. 8. unless he be present at ordinary Lectures both in the House and Schools and in proper person perform his exercises according to the Statutes of the University where he so abides XXIX This Statute shall not extend to any Reader of any publick Lecture in Divinity Law Civil Physick Philosophy Humanity or any of the liberal Sciences nor to Interpreters or Teachers of the Hebrew Chaldee or Greek Tongues in either of the Universities nor yet to any person who shall repair thither to proceed Doctor in Divinity Law or Physick for the time of their proceedings there according to the Statutes of the said Universities XXX Stat. 33 H. 8.28 The Chancellors of the Courts of the Dutchy of Lancaster Augmentations and First-fruits the Master of the Wards every of the Kings Surveyors General the Treasurers of the Kings Chamber and the said Court of Augmentations and the Groom of the Kings stool may each of them retain one Chaplain to be attendant to his person having one Benefice with cure who may be non-resident upon the same Howbeit every such Chaplain shall at least twice every year repair to his Benefice and abide there eight dayes at every such time to visit and instruct his Cure in pain to forfeit every time so failing 40 s. to be divided betwixt the King and the Prosecutor Restitution I. Stat. 21 H. 8.11 Where a Felon robbeth or taketh away the money or goods of any and is thereof found guilty or otherwise attainted by the evidence given by the party himself or others by his procurement in this case the Justices of Goal-delivery or other Justices before whom he is so found guilty or attainted have power to award a Writ of Restitution for the money or goods so robbed or taken in like manner as if the Felon were attainted at the suit of the party in appeal Return of Sheriffs and Bailiffs I. West 2.39 13 E. 1. Such as do fear the ill execution of Writs by the Sheriff shall deliver their Writs unto him in opâ—â— County or in the rere-County and shall take of him or his under-Sheriff a Bill containing the names of the demandants and tenants mentioned in the Writ and require the Sheriff or under-Sheriff to put the seal thereunto and mention shall be therein also made of the day of the deliverance thereof and if the Sheriff or under-Sheriff refuse to do it the testimony of Knights and other credible persons there present do put their seals to such Bill shall be taken II. If the Sheriff will not return Writs delivered unto him upon complaint thereof to the Justices a judicial Writ shall issue to the Justices of Assize to inquire by such as were so present whether they knew of the deliverance thereof and an Enquest shall be thereupon returned and if it be found by them that the writ was delivered damages shall be awarded to the Plaintiff or Demandant having respect to the quality and quantity of the Action and the peril he might incur by reason of such delay And
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
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
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
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
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
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
Mayors and chief Officers shall at least once every year view all measures and weights within their jurisdictions and break or burn them which they find defective and also inflict punishment upon the offenders viz. for the first offence 6 s. 8 d. for the second 13 s. 4 d. and for the third 20 s. and besides adjudg them to the Pillory LX. Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Mayors and other head Officers and also of buyers and sellers contrary to this Act and to set fines and amerciaments upon the offenders at their discretion and the defective weights and measures are to be forfeited and burnt LXI Eight bushels of corn raised and stricken shall be accounted a Quarter 14 l. a stone of wooll and 26 stone a sack Howbeit this Act shall not extend to any person selling or buying by water-measure within Ship-board whereof every bushel shall contain five pecks raised and stricken LXII Within the Cinque-Ports the Lord Warden or his Lievtenant shall order the weights and measures LXIII Stat. 12 H. 7.5 A Bushel shall contain eight gallons of wheat and every gallon 8 pounds of wheat Troy-weight and every pound 12 ounces and every ounce 20 Sterlings or penny weights every Sterling shall weigh 32 grains of wheat that grew in the midst of the ear of wheat and a Standard for the Kings Treasury is to be made according to this Assize LXIV Whereas weights and measures set down to Cities and Boroughs last year by the Stat. of 11 H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Towns according to which all other weights and measures shall be regulated upon the pains in the said Statute contained LXV Stat. 28 H. 8.14 in fine The Statute of 1 R. 3.13 and all other Statutes made for the due gauging and measuring of Wine Oyl Honey and other Liquors shall be duly put in execution LXVI Every Gauger shall duly gauge all the said Vessels and mark upon the head of each of them the true content thereof in pain to forfeit to the buyer thereof the quadruple value of that it wants besides costs of suit The Merchant also shall recompence the buyer what it wants according to the value of the vessel bought in pain to forfeit to the buyer the double value of such vessel sold together with costs of suit VVhite Ashes * I. Stat. 2 3. E. 6.26 None shall ship lade carry or convey any White Ashes towards the parts beyond Sea in pain to forfeit for every bushel 6 s. 8 d. to be divided betwixt the King and the prosecutor VVhitegate I. Stat. 33 H. 8.32 The Church of Whitegate in Cheshire shall be a Parish Church and no part of the Parish of Over VVild-fowl * I. Stat. 25 H. 8.11 None shall destroy or take away the eggs of any Wild-fowl in pain to forfeit for every egg of a Crane or Bustard so taken or destroyed 20 d. of a Bittern Hern or Shoveland 8 d. and of a Mallard Tele or other Wild fowl 1 d. to be divided betwixt the King and the prosecutor And the Justices of Peace have power to enquire hear and determine offences of this kind as they use to do in cases of trespass VVills I. Merton 2.20 H. 3. Widows may bequeath the crop of their ground as well of their dowers as other lands saving to the Lords of the Fee all such services as be due for their dowers or their tenements II. Stat. 32 H. 8.1 Every person having Mannors Lands Tenements or Hereditaments holden in soccage or of the nature of soccage-tenure and not having any such Mannors Lands c. holden of the King by Knight-service Soccage Tenure in chief or of the nature of Soccage-tenure in chief nor of any other person by Knight-service shall have power to give dispose will and devise as well by his last Will and Testament in writing or otherwise by any act executed in his life all such Mannors Lands c. at his pleasure III. Every person having Mannors Lands c. holden of the King in Soccage or of the nature of Soccage in chief and having any other Mannors Lands c. holden of any other person in Soccage or of the nature of Soccage and not having any Mannors Lands c. holden of the King or any other by Knight-service shall have power to give will dispose and devise as well by his last Will and Testament in writing as otherwise by any act executed in his life all such Mannors Lands c. or any of them at his pleasure IV. Howbeit all such primer seisins reliefs fines for alienation and all other rights and duties for tenures in soccage or in the nature of soccage in chief as have been heretofore used are saved to the King and the said Mannors Lands c. are to be taken had and sued out of the Kings hands by the person or persons to whom they shall be so disposed willed or devised in like manner as hath been used by any heir or heirs before the making of this Statute V. Every person having Mannors Lands c. of estate in inheritance holden of the King in chief by Knight service or of the nature of Knight service in chief hath power by his last Will in writing or by any other Act executed in his life to give dispose will or assign two parts thereof in three parts to be divided or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty and by special divisions that it may be known in severalty for the advancement of his wife preferment of his children and payment of his debts or otherwise at his pleasure VI. Here also the custody wardship and primer seisin or any of them as the case shall require of as much of such mannors lands c. as shall amount to the clear yearly value of the third part there of As also all fines for alienation upon such alteration of the Freehold or inheritance are saved to the King VII Every person having Mannors lands c. of estate or Inheritance holden of the King in chief by knight-service and having other Mannors lands c. holden of the King or any other by knight-service or otherwise hath power to give dispose will or assign by will in writing or otherwise by Act executed in his life two parts thereof in three parts to be divided or so much thereof as shall amount to the yearly value of two parts thereof to be severed as aforesaid for the advancement of his Wife preferment of his children and payment of his debts or otherwise at his pleasure VIII Here likewise the custody Wardships primer seisin and fines for alienations are saved to the King as before IX Every person having mannors lands c. of estate of inheritance holden of any other Lord by
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
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.
3.3 Page 53 54 Knight when free from Castle guard Magna Charta 20. Page 68 King where debt is due to the King how it may be recovered and the penalty for any arrearages Mag. Chart. 8. 9 H. 3. Mag. Chart. 18. Artic. super Cart. 12. 13 El. 4. 14 El. 7.27 27.3 7 Jac. 15. Page 144 ad 147 King additional Revenue setled upon the King and of what 14 Car. 2. c. 10. 12 Car. 2. c. 23 24. 15 Car. 2. c. 14. 16 Car. 2. c. 3. Page 215 ad 220 King shall have the custody of the lands of natural fools and lunaticks Prerog Reg. 9 10. 17 E. 2 Page 242 243 King shall hold the lands of one convict for felony a year a day Magna Charta cap. 22. and all his goods 17 E. 2.16 Page 248 249 What Escheats the King shall have 17 E. 2.14 Page 249 King none but the King can pardon felony 27 H. 8.24 Page 255 Where his presentee shall not be received 13 R. 2.1 Page 293 His Officers in Ireland shall not purchase there nor make purveyance their fees and duty 17 E. 2.1 2 3 4 5 6 7 8. Page 297 298 Keeper of the Seal of England and Chancellor made the same 5 El. 18. Page 313 Knight why a man may refuse Knight-hood Stat. de milit 1 E. 2.16 17 Car. 20. Page 320 King shall have Primer Seisin and where Praerog Reg. 3. 17 E. 2. Page 438 L. LIcence who may alien without licence and who not Praeog Eegis 6. 17 E. 2. 1 Car. 3. Page 14 Fees for discharging a Licence of alienation 1 Car. 3. ibid. Leagues breakers of Leagues how punishable 2 H. 5.6 14 E. 4.4 Page 50 51 Lands given to Pious Uses when forfeited West 2.41 13 E. 1. Page 86 Leather who may transport and who pack it for that use 27 H. 8.14 18 El. 6. neither may any buy to sell it again 5 E. 6.15 Page 87 88 89 332 When curried it must be sealed 1 Jac. 22. Page 88 ad 94 Letters counterfeit the punishment for the same 33 H. 8. 1. Page 99 Lands what are liable to pay debts to the King 33 H. 8. 39. and what persons Page 102 ad 107 London a Freeman there how and where to be sued and for what 3 Jac. 15. Page 125 Liberties confirmed Magna Charta c. 9. 37. Stat. de quo Warranto 18 E. 1. de quo Warrant 30 E. 1. de Tallagio non concedendo tempore E. 1. c. 4. 1 E. 3. Stat. 2.9 14 E. 3. Stat. 11. c. 1. 25 E. 3. Stat. 3.1 6 R. 2. Stat. 1.1 7 R. 2.1 2 H. 4.1 Petition of Right 3 Car. 33 H. 8.33 Page 253 ad 258 Labourers their wages time of service and conspiring about the same by whom to be appointed and how punishable 2 3 E. 6.15 5 El. 4. 1 Jac. 6. Page 321 ad 327 Lancaster Priviledges of the Dutchy of Lancaster 33 H. 6.2 37 H. 8.16 2 3 P. M. 20. 16 17 Car. 2. cap. 9. Page 327 328 Leases who may make Leases and for how long and where a Lease shall be void 32 H. 8.28 13 Eliz. 10.20 14 El. 11. 18 El. 6.11 43 El. 9. 12 Car. 2. cap. 31. 13 Car. 2. c. 4. Page 328 ad 332 Leet and Steward of a Leet 18 E. 2. 1 Jac. 5. Page 332 Limitation several cases and entries and claims limited Merton 25 H. 3.8 West 1. 3 E. 1.38 32 H. 2. 21 Jac. 2.16 Page 333 334 335 Linne repaired 26 H. 8.9 Page 336 Linnen Cloth not to be made deceitful and by whom to be sold 28 H. 8.4 1 El. 12. ibid. Livery and ouster le mayne what and the effect thereof Stat. de Escaetoribus 29 E. 1. 28 E. 34. Page 336 337 Liveries and retainers forbidden and why 1 R. 2.7 p. 337 London Priviledges thereof and Officers there how punishable 28 E. 3.10 1 H. 4.15 35 H. 8.10 Page 337 338 Lords how to be placed in Parliament 31 Hen. 8.10 Page 338 M. MAgna Charta and the severall Chapters thereof 9 H. 3.4 pag. 4 19 20 27 37 68 83 99 142 144 232 248 253 343 389 400 429 449 470 485 547 570 589 613 621 624 628 658 Murder concealment of a Bastards death murder 21 Jac. 27. pag. 43 Maimed Souldiers and Mariners how to be provided for 43 El. 3. Page 58 59 60 Market Clerk thereof his duty and power 13 R. 2.4 27 Car. 19. Page 78 Magna Charta confirmed Marlb 5. 52 H. 3. 25 Ed. 1. cap. 1 2 3 4. Artic. super Cart. 1. 28 E. 1. 1 E. 3.1 42 E. 3.3 Page 83 84 Marshall and Constable their power 8 R. 2.5 13 R. 2.1 2. Page 85 86 Masse the punishment for saying hearing or being thereat 29 El. 6. Page 117 Mares who bound to keep them and how many 27 H. 8.6 32 H. 8.13 8 El. 8. 21 Jac. 28. Page 283 284 285 Madder allowed to be imported 14 Car. 2. c. 30. repealed 15 Car. 2. c. 16. Stat. 3. in fine Page 338 Mainprise and Bayl who may be let to bayl and who may not and why Marlb 52 H. 3.27 West 1. 15 E. 3.1 3 H. 7.3 1 2 P. M. 13.2 3 P. M. 10. Page 338 339 340 Maintenance what and how punishable West 1.28 3 E. 1. 1 E. 3. Parl. 2.14 20 E. 3. e. 1 R. 2.4 7 R. 2.15 32 H. 8.9 Page 340 341 Malt must be well cleared from dust and filth must be well made and dryed who have power to restrain Malsters and the prices of Malt 17 R. 2.4 2 E. 6.10 39 El. 16. 3 Jac. 11. Page 341 342 Manufactures severall forreign Commodities forbidden and Native encouraged 14 Car. 2. cap. 13. 15 Car. 2. cap. 15. Stat. 3. Page 342 343 Merchants and Merchandize Merchant Strangers shall have safe Conduct to buy and sell paying Customs c. Magna Charta 30. 9 E. 3.1 14 E. 3. St. 2 3. 25 E. 3. Stat. 4.2 Stat. Stapul 27 E. 3. Stat. 2.2.3 27 E. 3. Stat. 2.11.13.17.26 38 E. 3.1 2. 2 R. 2.1 5 R. 2. Stat. 2.1 14 R. 2.9 16 R. 2.1 4 H. 4.15 5 H. 4.7 17 E. 4.1 1 R. 3.12 1 El. 11. 43 El. 12. 3 Jac. 6.9 14 Car. 2. cap. 23. Page 243 ad 352 Marshalsey what it holds plea of the method of their proceedings and the fees Artic. super Cart. 3. 5 Ed. 3.2 9 R. 2.5 13 R. 2. Stat. 1.3 4 H. 2.23 15 H. 6.1 Page 369 370 Masons confederacy amongst them felony 3 H. 6.1 Page 370 Matrimony and Marriage What marriages shall be accounted lawful 32 H. 8.38 2 3 E. 6.21 5 E. 6.12 Bigamus shall die as a felon 1 Jac. 11. 12 Car. 2. c. 33. Page 370 371 Mesne what and where a Writ of Mesne shall lie West 2.9 13 E. 1. Page 371 372 Ministers an Act for confirming some c. 12 Car. 2. cap. 17. Page 372 Monasteries Priories c. under 200 l. per annum given to the King 27 H. 8.28 and all other 31 Hen. 8.13 Page
the Kinsfolk that have such Ward from the time that Writs of impleading have not been granted which seems to be by Magna Charta 27. See before 3. shall have such Wardship to the heirs advantage without making waste sale or destructions as aforesaid XIV West 1.21 3 E. 1. Guardians shall keep the Lands in Ward without destruction according to Magna Charta so also shall Archbishopricks Bishopricks Abbacies Churches and all spiritual dignities be kept in time of vacation XV. West 1.22 3 E. 1. The Statute of Merton 6. before 4. as to the marriage of heirs without their Guardians consent is confirmed XVI The Lord may hold the land of heirs females two years after their age of 14. within which two years if he marry them not they shall go quit without giving any thing for the Wardship or Marriage and if they will not accept a convenient marriage tendered by the Lord he shall hold their land till their age of 21 years and over untill he have taken the value of the marriage XVII West 2.16 13 E. 1. Where one holdeth sundry lands of divers Lords by Knight-service that Lord shall have the marriage by whom the childs Ancestor was first enfeoffed without having respect to the sex or the quantity of the land but only to the more ancient Feoffment XVIII West 2.35 13 E. 1. Where children whose marriage belongeth to another are taken away the ravisher having no right to marriage albeit the ravisher afterwards restore the child unmarried or pay for the marriage yet for his offence he shall be punished by two years imprisonment and in case he do not restore or marry the child after years of consent and be not able to satisfie for the marriage he shall abjure the Realm or hav perpetual imprisonment and thereupon the Plaintiff shall have a Writ of Ravishment of Ward in this form XIX Si A. secerit te securum de clamore sue c. tunc pone per vad c. B. quod sit coram Justic c. oftensurus quare talem haeredem insâ—â—a aetatem existentem cujus maritagium ad ipsum pertinet tali loco inventum rapuit abduxit contra voluntatem ipsius A. contra pacem nostram c. XX. If the heir be in the same County then this clause is to be added Et diligenter inquiras ubi ille haeres sit in baliva tua ipsum ubicunque fuerit inventus capias salvo secure custodias ita quod eum habeas coram praefat Justic nostris ad praefat terminum ad reddendum cui praedictorum A. vel B. reddi debeat XXI Process shall be made against the offender by distress if he have whereby to be distrained or else for his contumacy he shall be outlawed XXII If the heir be married or carried into another County the Writ shall be directed to the Sheriff of that other County in this form Questus est nobis A. quod B. nuper talem haeredem infra aetatem in custodia sua existentem tali loco in tali Comitatu rapuit de Comitatu tali ad talem locum in Com. tuo abduxit Contra voluntatem ipsius A. contra pacem nostram c. Et ideo tibi praecipimus quod praedicium haeredem ubicunque in baliva tua invenire poteris capias salvo secure eum custodias Ita quod eum habeas coram Justic nostris c. tali dic quam idem A. habet versus praedict B. ad reddendum cui de jure reddi debeat XXIII The death of the heir before he can be found or restored to the Plaintiff shall not stop the Suit nor excuse the ravisher from punishment or if the Plaintiff die his heir shall revive the Suit if the right did belong unto the Plaintiff by reason of his proper fee but if it were by gift sale or the like the suit shall be revived by his Executors or in case the Defendant die the suit shall be re-summoned betwixt the Plaintiff his heirs or executors and the Executors of the Defendant or his heirs if the Executors be not sufficient to satisfie the value of the marriage but not as to the pain of imprisonment for none shall be punished for anothers offence XXIV Also in a Writ de Communi custodia if either party die hanging the Suit resummons shall be made betwixt the heirs and executors of the Plaintiff and the heirs and executors of the Defendant and when they have passed to the great distress day shall be given within which time three Counties may be holden at least in every of which proclamation shall be made that the deforceor shall appear in the Bench at the day contained in the Writ to answer the Plaintiff at which day if he come not and the proclamation be returned once twice or thrice the Judgment shall pass for the Plaintiff saving the defendants right if after he will claim it The like also shall be done in a writ de ejectione custodiae XXV The Stat. of Wards and Reliefs 28 E. 1. where any relief is given there Wardship is incident contra XXVI Unto Grand Serjeancy viz. to go with the King in his Host ward and relief are incident but not to petty Serjeancy as to bear shield or spear there XXVII A free Sokeman shall neither give ward or relief but shall double his rent after the death of his Ancestor and shall not be unmeasurably grieved XXVIII There are two kinds of Writs to recover Wards viz. the one is where land is holden in Knight-service and the other where it is holden in soccage The Ward of Land in Knight-service belongs to the Lord and the marriage also which ought to be without disparagement untill he attains to the age of 21 years XXIX The Ward of an Heir that holdeth in soccage if the land descended on the mothers side belongs to the next friend on the Fathers side contra XXX There are three manner of Writs to recover Wards 1. When both the land and heir is demanded called a Writ de Communi custodia and in this case the chief Lord shall recover both the Ward and marriage 2. When the tenant hath purchased lands holden of several Lords in which case the Lord of whom the land last purchased is holden shall neither have the land nor heir but the Lord that first enfeoffed the tenant shall have them 3. When one hath lands by reason of a Ward but hath not the Heir here he may have a Writ to demand the heir and not the land and this is called a Writ of Ravishment of Ward XXXI Prerog Reg. 1. 17 E. 2. The King shall have the Ward of all lands holden of him in chief by Knight-service whereof the Tenant dyed seised of whomsoever they hold by like service so as they held anciently any land of the Crown until the Heir came to his lawful age except the fees of the Archbishop of Canterbury the Bishop of Duâ—â—sme