Stat. 18 El. Two Acts were made but not printed the one for the Hospital of S. Cross near Winchester and the other for one at Leicester VI. Stat. 27 El. Also two Acts not printed the one for the Hospital of Christ at Sherbourn in Bishoprick and the other for that of Eastbridge in Canterbury VII Stat. 39 El. 5. It shall be lawful for any person within 20 years next insuing by deed inrolled in Chancery to erect and found an Hospital or house of correction to have the same continue for ever and for him his heirs and assignes to place such head and members and such number of poor as they please which said Hospital or house so founded shall be incorporated and have perpetual succession for ever which Corporation shall have power to purchase goods and Chattels also lands not exceeeding the value of 200 l. per annum nor held by Knight service or in chief of the Queen and all this without licence or the writ of ad quod damnum the Statute of Mortmain or of any other to the contrary VIII They shall also have power to sue and be sued in all Courts and to have such a common seal or seals as the Founder his heirs or assigns shall appoint by which they may seal all Instruments which concern the said Corporations IX They shall also be visited and ordered by such person or persons as the said Founders their heirs or assigns shall nominate according to the Statutes of the Foundation being not repugnant to the Laws and Statutes of this Realm Howbeit the Founder his heirs and assigns upon the death or removal of any head or member shall have power to place another in their stead X. Provided that all leases and estates made by any such Corporation for above 21 years and that in possession and whereupon the accustomed yearly rent for the greater part of 20 years before shall not be reserved and yearly payable shall be void XI The right of all persons save of the Founders their heirs and successors is saved XII This act shall not inable Infants Femes covert without their husbands or persons not of sane memory to make such Corporations or to endow the same XIII No such Corporation shall be made unless the same be upon the foundation thereof endowed with lands of the clear yearly value of 10 l. per annum XIV Provided that the Corporations aforesaid shall not by force of this Act do or suffer to be done any thing in prejudice thereof but such construction shall be made thereof as shall be most beneficial for the maintenance of the poor and for avoiding of all divices which may be invented or put in ure contrary to the true meaning thereof XV. Stat. 39 El. 6. Commissions may be awarded to certain persons to inquire of lands or goods given to Hospitals or other charitable uses mis-imployed and to reform them But this Act was afterwards repealed by 43 Eliz. 4. saving for the execution of orders and decrees before made by Commissioners according to the Statute XVI Stat. 43 El. 4. It shall be lawful for the Lord Chancellor or Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that precinct to award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other persons of good behaviour authorizing four or more of them to inquire as well by the oaths of twelve or more lawful men as otherwise of all grants gifts assignments limitations and appointments and of all abuses and mis-imployments of all lands tenements and hereditaments and of all goods and chattells given limited or appointed to charitable uses XVII The Commissioners having called the parties interessed made inquiry by the oathes of such 12 men or more unto whom lawfull challenge may be made by the parties so interessed and set down such orders and decrees therein that the things so given to charitable uses may be faithfully imployed the orders and decrees so made being not repugnant to the Statutes of the Founders or Donors shall stand firm and be executed accordingly until they shall be altered by the Chancellor Keeper or Chancellor of the said Dutchey respectively upon complaint made to them thereof by the party grieved XVIII This Act shall not extend to any thing given to any Hall or Colledg in the Universities or to the Colledges of Westminster Eaton or Winchester or to any Cathedrall Church or to any City or Town Corporate or to any lands or tenements given to the uses aforesaid in any such City or Town where there is a special Governour or Governours to govern things disposed to such uses or to any Colledg Hospital or Free-School having special Visitors or Governours appointed by the Founders XIX This Act shall not be prejudicial to the Ordinary or his jurisdiction XX. None having the thing in question or pretending title thereunto shall be either Commissioner or Juror XXI This Act shall not impeach any purchaser bonâ fide of things given to charitable uses not having notice thereof Howbeit in that case the party or parties who have broken their trust in selling the same their heirs executors and administrators shall make satisfaction by the Decree of the said Commissioners if they have left assets or so far as the assets so left shall extend XXII The Commissioners shall not meddle with any lands conveyed or come to the hands of H. 8. E. 6. Qu. M. or Qu. El. unless the grant to charitable uses were made since the beginning of Queen Elizabeth's reign XXIII The Orders Judgments and Decrees shall be certified into the Chancery or Dutchy Court as the case shall require under the Commissioners Seals within such time as shall be limited in their Commissions And the said Lord Chancellor Keeper or Chancellor of the Dutchy respectively shall take such order for the due execution of the said Decrees as to them shall seem fit XXIV If the party against whom the Decree is past conceive himself injured thereby upon complaint thereof to the said Chancellor Keeper or Chancellor of the Dutchy respectively he shall have redress if there be cause but if not they shall award good costs against him for complaining without cause Hounslo-Heath I. Stat. 37 H. 8.2 Hounslo-Heath in Com. Midd. which contains 4293 acres and one rood of ground extendeth into several Parishes so much thereof as is the King's inheritance and is meet for tillage pasture meadow or other several ground shall be of the nature and condition of Copy-hold land or the same may be let by the Steward of the Mannor at will or for 21 years which lessee shall and may improve it Hull I. Stat. 33 H. 8.33 The Statute of 27 H 8.3 which was made for the taking away of certain customs that the Mayor and Commonalty of Hull took for fish is repealed but by this they may take of every person priviledged for a last of hering 20 d. for
and where not and in what case cause to be shewed immediately Stat. de Inquis 33 E. 1. 7 H. 7.5 33 H. 8.23 1 E. 6.12 ibid. Champerty what Champertors who and how punishable West 1.25 3 E. 1. West 2.49 13 E. 1. 20 Ed. 1. Barw Art sup chart 11. 28 Ed. 1. 33 Ed. 1. 1304 1305. Page 69 70 340 341 Chancery to follow the King and the power thereof Art super Chart. 5. 28 E. 1. 36 E. 3.9 14 H. 8.8 p. 70 71 78 Chelsey a Colledg to be erected there 7 Jac. 9. Page 71 Chester and Cheshire Inhabitants therein offending how punishable 1 H. 4.18 Officers there by whom to be made 27 H. 8.5 Sessions there when to be kept 32 H. 8.43 33 H. 8.13 the priviledges and power of the County Palatine 34 H. 8.13 2 E. 6.31 43 El. 15. Page 72 73 Chirographer his fee 2 H. 4.8 Page 73 Church-yard Stat. Ne rectores prosternant arbores in Coemiterio 35 E. 1. ibid. Citation who may cite and be cited and for what and when West 43. 13 E. 1. 23 H. 8.9 Page 73 74 Clap-board to be brought in by whom for what and in what quantity 35 El. 11. Page 74 Clergy who shall and who shall not have the benefit thereof Stat. de Bigamis 5. 4 E. 1. 4 H. 4.2 4 H. 7.13 12 H. 7.7 23 H. 1.11 c. Clerks their Priviledg West 1. 2. 3 Ed. 1. Articuli Cleri 15 16. 9 Edw. 2. c. Page 74. ad 78 Chancery Clerks there their Oaths c. Stat. de Sacram. Cler. Canc. 18 E. 3. 14 H. 8.8 Page 78 Clerk of the Crown his fee in some cases 2 H. 4.10 ibid. Clerk of the Market his office duty fees and forfeitures 13 R. 3.2.4 17 Car. 1.19 Page 78 79 Clerks of the Signet and Privy Seal their duty and forfeitures for offences 27 H. 8.11 Page 79 80 Coaches who may let or License Coaches and how many with their prices rents and penalties Page 80 81 Coals the measures and prices of Sea-Coals by whom to be appointed and the offenders against this Statute 16. 17 Car. 2. cap. 2. Page 82 Collectors who may be such 18 H. 6.5 14 Car. 2. c. 10. ibid. Commission to whom to be granted and in what cause 42 E. 3.4 4 H. 4.11 ibid. Common Pleas to be holden in a place certain Mag. Chart. 11. 9 H. 3. Art sup chart 4. 28 E. 1. Page 83 Conditions who may take advantage thereof 32 H. 8.34 Page 83 Confirmation several ancient and late Statutes confirmed Marlb 5. 21 H. 3. 25 E. 1.2 3 4. Artic. super Chart. 1. 28 E. 1. 1 E. 3.1 10 E. 3.1 42 E. 3. 1 H. 4.4 1 E. 4.1 Page 83 84 Conjuration c. the punishment of conjuration c. 1 Jac. 12. Page 84 85 Conspirators who and their punishment Art super cart 10. 28 Ed. 1. 33 Ed. 1. 7 H. 5. 9 H. 5.1 18 Hen. 6.12 Page 85 Constable of England his Power and Office 8 R. 2.5 13 R. 2. Stat. 1 2. Page 85 86 Contra formam collationis what c. West 2.41 13 E. 1. Page 86 Conventicles how and why punishable 16 Car. 2. cap. 4. ibid. Conusance where Conusance shall not be lost by collusion 9 H. 4.5 8 H. 26. Page 86 87 Compositions upon Copyholds confirmed 7 Jac. 21. Page 87 Cordwainers Curriers c. who may pack Leather and the toll thereof None may ingross or export Leather and the punishments for severall offences in ordering leather 27 H. 8.14 5 E. 6.15 1 M. Parl. 2.8 18 El. 6. 1 Jac. 22. 4 Jac. 6. Page 87. ad 96 Coroners who may be Coroners their duty and punishment for neglect thereof West 1.10 3 E. 1. 14 E. 3.8 28 E. 3.6 1 H. 8.7 Page 96 Corporations their power in severall cases 19 Hen. 7.7 22 H. 8.4 28 H. 8.5 33 H. 8.27 28 Ed. 3.10 13 Car. 2. c. 1. Page 96 97 Corpus cum causa Certiorari c. where they are allowed and where not 2 H. 5. Stat. 1 2. 43 El. 5. 21 Jac. 8. and 23 Page 97 98 Cottages None may erect a Cottage without 4 acres of land layd to it 31 El. 1. Page 98 99 Counterfeit Letters the punishment of such as use or procure the same 33 H. 8.1 Page 99 County and Turns when and by whom to be held and where Magna Chart. 35. 9 H. 3. Marlbr 10. 25 H. 3. West 2.32 3 E. 1. 31 E. 3. Stat. 1.15 19 H. 7.24 2. 3 E. 6.25 Page 99 100 Couper who may be or keep one his duty in his Trade 23 H. 8.4 8 El. 9. Page 100 101 102 Who may search and gage all vessels made by him Page 101 Courts several Courts dissolved and sheir power taken away 16 17 Car. 1.10 15. 12 Car. 2. c. 4. Page 102. ad 107 Courts and Jurisdictions Ecclesiastical which put down 17 Car. 1. cap. 11. The said Act repealed 13 Car. 2. cap. 2.12 Page 107 131 Crosse-bows Who may keep Cross-bows Hand-guns c. in their house 33 H. 8.6 2 3 E. 6.14 Page 108 109 Crown entayled 7 H. 4.2 35 H. 8.1 Not subject to any other 14 E. 3. 1 El. 1. 1. 3. c. Page 110. ad 131 Church the penalty for not going to the Church 23 El. 1. 35 El. 1. 3 Jac. 4. Page 114 115 118 121 130 Cui in vita a Writ of Entry so called for whom it lies and for what West 2.3 13 E. 2. Page 132 Customer may not keep a Shop but make a true accompt to the King 14 R. 2.10 4 H. 4.20 20 H. 6.5 pa. 132 133 Who may be a Customer and who not 11 H. 4.2 their duty 3 H. 6.3 11 H. 6.15 3 H. 7.7 ibid. Custome who must pay and how and for what 1 H. 7.2 3 H. 7.7 11 H. 7.14 1 H. 8.5 2 3 E. 6.22 ibid. Cloth Gold Silver c. to be sealed without fee 4 H. 8.6 pag. 134 Custome of Tunnage and Poundage granted to the King for life 12 Car. 2. cap. 4. Page 134 135 136 Custos Rotulorum who may be and how he may execute his place 37 H. 8.1 3.4 E. 6.1 Page 136 137 Creditor How and where a Creditor may recover against a Conveyance fraudulent 50 E. 3.6 13 El. 5. 27 El. 4. Page 258 259 Clothes foreign must not be brought into England 11 E. 3.3 Strange Cloth-workers to be protected 11 E. 3.5 Their lengths 25 E. 3. Stat. 4. what clothes pay Subsidy and what not 27 E. 3. 50 E. 3.7 8. Page 153 154 Who is to seal clothes 3 R. 2.2 13 R. 2.11 17 R. 2.2 11 H. 4.6 27 H. 8.12 Page 155 ad 163 What clothes must be sealed and are vendible and what not 13 R. 2.11 9 H. 4.2 17 E. 4.5 33 H. 8.3 3.4 E. 6.2 Page 153 181 The several lengths of clothes 4 E. 4.1 1 R. 3.4 6 H. 8.8 9. 5.6 E. 6.6 Page 155. ad 167 What clothes may be transported beyond the Seas
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
31 El. 1. None shall erect or convert a building to be a cottage for habitation unless he lay four acres of free-hold land of inheritance so near unto it that they may be conveniently occupied therewith in pain to forfeit 10 l. to the Queen for every such erection or conversion and 40 s. a moneth for the continuance II. No owner or occupier of any Cottage shall place or willingly suffer any more families then one to co-habit therein in pain to forfeit to the Lord of the Leet 10 s. for every moneth he so continues them together ☞ III. Justices of Assize Justices of Peace in their Sessions and Lords of Leets have power to hear and determine these offences IV. This Statute shall not extend to Cottages in Cities Burroughs or Market-towns or provided for labourers in Mines or Quarries within one mile from such Mines or Quarries or for Sea-faring men within one mile of the Sea or a Navigable River or for a Keeper Warrener Shepherd or Herdsman or for an impotent person nor to any Cottages which upon an order by Justices of Assize in open Assize or Justices of Peace in Session shall be decreed to continue for habitation for so long time onely as by such decrees they shall be tolerated ☞ Counterfeit Letters I. Stat. 33 H. 8.1 If any shall falsly obtain any money or other thing by colour of any false token or counterfeit letters they being thereof convict by witnesses or confession before the Lord Chancellor the Lords of the Council in the Star-chamber Justices of Assize Justices of the Peace or by action in any Court of Record shall suffer such punishment as shall be adjudged by the person or persons before whom they shall be so convict the pains of death onely excepted II. Justices of Assize and Justices of Peace 1. Qu. shall have power to convert by process or otherwise to the Ass or Sess respectively any person suspected to offend in that kinde and to commit or bail him until the Ass or Sess or otherwise to order him at their discretions III. Justices in Corporations have like Authority for the punishment of such offenders as Justices of Assize or Peace have in their several Precincts respectively IV. The remedy of the party grieved by way of action is saved ☞ County and Turn I. Magna Charta 35. 9 H. 3. County-Courts shall be held from moneth to moneth or longer if formerly so used and the Sheriff or his Bailiff shall keep his Turn in the Hundred at the usual place and that onely twice a year viz. after Easter and Michaelmas Leets also shall be at Michaelmas without occasion II. Marlbr 10. 25 H. 3. Arch-bishops Bishops Abbots Priors Earls Barons or Religious men or women are not to appear at the Sheriff's Turns except for some other cause and such as have Hundreds of their own shall not be bound to appear at such Turns but onely in the Bailiwicks where they dwell III. West 2.32 3 E. 1. No Sheriff shall suffer Barrettors or Maintainers of quarrells or Stewards of great Lords or other unless Attorney for his Lord to make suit or to give judgments in the Counties or to pronounce them if he be not required so to doe by all the suitors and Attorneys of the suitors there present in pain that both the Sheriff and they shall be grievously punished by the King IV. Stat. 31 E. 3. Stat. 1.15 Every Sheriff shall hold his Turn yearly one time within the moneth after Easter and another time within the moneth after Michaelmas in pain to lose his Turn for the time V. Stat. 19 H. 7.24 The Shire-Court for Sussex shall be holden one time at Chichester and the next time at Lewis alternis vicibus in pain that the Courts otherwise kept and the things therein transacted shall be void VI. Stat. 2. 3 E. 6.25 County-Courts shall be adjourned from moneth to moneth and no longer VII The Sheriff of Northumberland shall keep his County-Court at Alnewick and not elsewhere ☞ Coupers * I. Stat. 23 H. 8.4 A Beer or Ale-brewer shall neither by himself nor others for his use make any vessel whereby they shall put their Beer or Ale to sale but such onely as shall be made and marked as is hereafter expressed in pain to forfeit for every vessel so made 3 s. 4 d. II. Coupers shall make their Beer and Ale-vessels of good and seasonable wood and put their proper mark thereupon III. A Beer-barrel shall contain at least 36 Gallons a Kilderkin 18 and a Firkin 9. and an Ale-barrel 32 Gallons a Kilderkin 16 and a Firkin 8. all of the King's Standard Gallon And if the Gouper make any bigger or lesser he shall set the true content upon them Also the Couper shall not inhaunce the prices of his vessel in pain to forfeit for every such vessel defective or inhanced in price 3 s 4 d. viz. for a Beer-barrel 9 d. a Beer-kilderkin 5 d. and a beer-firkin 3 d. Also for an Ale-barrel 16 d. an Ale-kilderkin 9 d. and an Ale-firkin 5 d. Note that this clause for so much as concerns the prices of vessels is repealed by 8 El. 9. But Quaere whether it doth not yet stand in force for defective vessels Vid. 8 El. 9. infra IV. No Beer or Ale-brewer shall put any Beer or Ale for sale in any vessel which is not marked by the Couper and of the contents above limited ☞ V. Beer and Ale-brewers shall sell their Beer and Ale at such rates as shall be thought fit in the Country by the Justices of Peace and in Corporations by the Head-Officers in pain to forfeit for every Barrel 6 s. Kilderkin 3 s. 4 d. Firkin 2 s. and for every greater vessel 10 s. and every lesser 12 d. VI. The forfeitures abovesaid shall be divided betwixt the King and the prosecutor VII Every Soap-maker shall cause his vessell to be made as followeth viz. every empty Barrel to contain 32 Gallons and to weigh 26 pounds the content of the half Barrel to be 16 Gallons and the weight 13 pound and the content of the Firkin 8 Gallons and the weight six pound and an half in pain to forfeit for every vessel otherwise ordered 3 s. 4 d. VIII The Wardens of the Mystery of Coupers within the City of London taking with them an Officer of the Mayor shall have power to search and gage all vessells made for Ale Beer and Soap to be put to sale within London and the Suburbs and within two miles compass without the Suburbs as well within the Liberties as without and to examine their contents and weight and being found right to mark them with St. Anthonie's cross which searchers shall have for their fee a farthing for every vessel to be paid by the owner thereof and may retain the vessel until the fee be paid and if any be found defective they have power to amend or burn them and the owner of such defective vessel shall forfeit 12 d. to be
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
Ceremonies or Rites of the Church by mis-using the Orders appointed in the Book of Common-Prayer the Queen by like advice of the said Commissioners or Metropolitan may ordain such further Ceremonies or Rites as may be most for Gods glory the edifying of the Church and reverence of Christs holy Ministeries and Sacraments XXX All other Laws made for other service shall be void XXXI Stat. 5 El. 28. An Act for translating of the Bible and Book of Common-Prayer into the Welsh Tongue Also there shall be an English Bible and Book of Common Prayer in every Church of Wales XXXII Stat. 3 Jac. 1. All Ministers in every Cathedral and Parish Church or other usual place for Common Prayer within the Kings Dominions shall alwayes upon the fifth day of November say morning Prayer and give thanks to God for the happy deliverance of the King Queen Prince and both Houses of Parliament upon that day XXXIII Every person within the Kings Dominions shall alwayes upon that day diligently resort to his Parish Church or Chappel or to some usual Church or Chappel where the said Common Prayer Preaching and other service of God shall be used and there orderly abide during the said solemnity XXXIV Every Minister shall give warning publickly in the Church at morning Prayer the Sunday before every such fifth of November for the due observation of the said day and after morning Prayer or Preaching upon the said fifth day of November shall read publickly and distinctly this present Act. See more Title Religion Severn I. Stat. 34. 35 H. 8.9 A penalty for casting any Ballast or Robul in King-rode in any part of the Haven in Bristol II. None shall load any Corn in any Vessel by the water of Severn to be transported beyond Sea before he be bound to the Customer of Bristol to bring it first to Bristol to be there viewed by the Mayor there for the time being in pain to forfeit both the grain and Vessel III. The penalty where one bringeth more Corn to Bristol to be measured and thence to be transported then is contained in his Cocket or License which is to be delivered unto him by the said Mayor when he takes bond of him as aforesaid IV. The penalty for denying to measure the Corn at Bristol is five pounds for every time to be divided betwixt the King and the prosecutor See the Statute at large ☞ Sewers I. Stat. 6 H. 6.5 During ten years several Commissions of Sewers shall be made to divers persons by the Chancellor of England to be sent into all parts of the Realm where need shall be according to the form in the said Statute expressed for which see the Statute at large being here omitted because a latter Commission was afterwards ordained by the Statute of 23 H. 8.5 which see after in the proper place II. Stat. 8 H. 6.3 Commissioners of Sewers shall have power to do ordain and execute all such Statutes Ordinances and other things as shall be made according to the effect and purport of the Commission of Sewers ordained by the Statute of 6 H. 6.5 III. Stat. 18 H. 6.10 Commission of Sewers shall be awarded where need shall require during ten years IV. Stat. 23 H. 6.9 The Chancellor of England may grant Commissions of Sewers during fifteen years V. Stat. 12 E. 4.6 The Chancellor of England may grant Commissions of Sewers for 15 years where need shall require VI. Stat. 4 H. 7.1 Commissions of Sewers shall be granted during 25 years VII Stat. 6 H. 8.10 Commissions of Sewers shall be granted during ten years according to the Statute of 6 H. 6.5 and 4 H. 7.1 VIII Stat. 23 H. 8.5 Commissions of Sewers shall be directed into all parts of the Realm from time to time where and when need shall require according to the manner form and tenor hereafter following to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices or any three of them whereof the Lord Chancellor is to be one IX Henry the eighth c. Know ye that forasmuch as the walls ditches banks gutters Sewers Gates Calcies Bridges streams and other defences by the Coasts of the Sea and Marsh-ground being and lying within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by rage of the Sea flowing and re-flowing and by means of the trenches of fresh water descending and having course by divers wayes to the Sea be so dirupt lacerate and broken And also the common passages of Ships Ballengers and Boats in the rivers streams and other floods within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by mean of setting up erecting and making streams mills bridges ponds fishgarths mill-dams locks habbing-wears hecks flood-gates or other lets impediments or annoyances be letted or interrupted so that great and inestimable damago for default of reparation of the said Walls Ditches Banks Fences Sewers Gates Gutters Calcies Bridges and streams and also by mean of setting up and erecting making and enlarging of the said fish-garths mill-dams locks hebbing-wears hecks flood-gates and other annoyances in times past hath happened and yet is to be feared that far greater hurt loss and damage is like to ensue unless that speedy remedy be provided in that behalf X. We therefore for that by reason of our Dignity and Prerogative Royal we be bound to provide for the safety and preservation of our Realm of England willing that speedy remedy be had in the premisses have assigned you and six of you of the which we will that A. B. and C. shall be three to be our Justices to survey the said Walls Streams Ditches Banks Gutters Sewers Gates Calcies Bridges Trenches Mills Mill-dams Flood-gates Ponds Locks Hebbing-wears and other impediments lets and annoyances aforesaid and the same cause to be made corrected repaired amended put down or reformed as cause shall require after your wisdomes and discretions And therein as well to ordain and do after the tenor form and effect of all and singular the Statutes and Ordinances made before the first day of March in the three and twentieth year of Our Reign touching the premisses or any of them as also to enquire by the oaths of the honest and lawful men of the said Shire or Shires place or places where such defaults or annoyances be as well within Liberties as without by whom the truth may the rather be known through whose default the said hurts and damages have happened and who hath or holdeth any lands or tenements or common of Pasture or profit of fishing or hath or may have any hurt loss or disadvantage by any manner of means in the said places as well near to the said dangers lets and impediments as inhabiting or dwelling thereabouts by the said walls ditches banks gutters gates sewers trenches and
other the said impediments and annoyances And all those persons and every of them to tax assess charge distrain and punish as well within the meets limits and bounds of old time accustomed or otherwise or elswhere within our Realm of England after the quantity of their lands tenements and rents by number of acres and perches after the rate of every persons portion tenure or profit or after the quantity of their common Pasture or profit of fishing or other commodities there by such wayes and means and in such manner and form as you or six of you whereof the said A. B. and C. to be three shall seem most convenient to be ordained and done for redress and reformation to be had in the premisses And also to reform repair and amend the said Walls Ditches Banks Gutters Sewers Gotes Calcies Bridges Streams and other the premisses in all places needfull and the same as often and where need shall be to make new and to cleanse and purge the trenches sewers and ditches in all places necessary and further to reform amend prostrate and overthrow all such Mills Streams Ponds Locks Fish-garths hebbing-wears and other impediments and annoyances aforesaid as shall be found by inquisition or by your surveying and discretions to be excessively hurtful And also to depute and assign diligent faithful and true keepers Bailiffs surveyors collectors expenditors and other ministers and officers for the safety conservation reparation reformation and making of the premises and every of them and to hear the accompt of the Collectors and other Ministers of and for the receipt and laying out of the money that shall be levied and paid in and about the making repairing reforming and amending of the said walls ditches banks gutters gotes sewers calcies bridges streams trenches mills ponds locks fish-garths flood-gates and other impediments and annoyances aforesaid And to distrain for the arrerages of every such collection tax and assessment as often as shall be expedient or otherwise to punish the debtors and detainers of the same by fines amerciaments pains or other like means after your good discretions And also to arrest and take as many carts horses oxen beasts and other instruments necessary and as many workmen and labourers as for the said works and reparation shall suffice paying for the same competent wages salary and stipend in that behalf And also take such and as many trees woods and underwoods and timber and other necessaries as for the same works and reparations shall be sufficient at a reasonable price by you or six of you of the which we will that A. B. and C. shall be three to be assessed or limited as well within the limits and bounds aforesaid as in any other place within the said County or Counties near unto the said places and to make and ordain Statutes Ordinances and Provisions from time to time as the case shall require for the safeguard conservation redress correction and reformation of the premisses and of every of them and the parts lying to the same necessary and behoofefull after the laws and customs of Rumney Marsh in the County of Kent or otherwise by any wayes and means after your own wisdoms and discretions And to hear and determine all and singular the premisses as well at our suit as at the suit of any other whatsoever complaining before you or six of you whereof A. B. and C. shall be three after the Laws and Customs aforesaid or otherwise by any other ways and means after your discretions And also to make and direct all Writs Precepts Warrants and other commandments by vertue of these Presents to all Sheriffs Bailiffs and other Msnisters Officers and other persons as well within Liberties as without before you or six of you whereof the said A. B. and C. to be three at certain days terms and places to be returned and received And further to continue the Process of the same and finally to do all and every thing and things as shall be requisite for the due execution of the Premisses by all ways and means after your discretions And therefore we command you That at certain days and places when and where you or six of you whereof the said A. B. and C. to be three shall think expedient ye do survey the said walls fences ditches banks gutters gotes sewers calcies ponds bridges rivers streams water-courses mills locks trenches fish-garths flood-gates and other lets impediments and annoyances aforesaid and accomplish fulfill hear and determine all and singular the premisses in due force and to the effect aforesaid after your good discretions And all such as ye shall find negligent gainsaying or rebelling in the said works reparation or reformations of the premisses or negligent in the due execution of this Commission that ye do compell them by distress fines and amerciaments or by other punishment ways or means which to you or six of you whereof the said A. B. and C. shall be three shall seem most expedient for the speedy remedy redress and reformation of the premisses and due execution of the same And all such things as by you shall be made and ordained in this behalf as well within Liberties as without that you do cause the same firmly to be observed doing therein as to Justice appertaineth after the Laws and Statutes of this Realm and according to your wisdoms and discretions XI Save always to us such fines and amerciaments as to us thereof shall belong And we also command our Sheriff or Sheriffs of our said County or Counties of 〈…〉 that they shall cause to come before you or six of you of which A. B. and C. shall be three at such days and places as ye shall appoint to them such and as many honest men of his or their Bailiwick as well within the Liberties as without by whom the truth may best be known to inquire of the premisses Commanding also all other Ministers and Officers as well within Liberties as without that they and every of them shall be attendant unto you in and about the due execution of this our Commission In witness whereof we have caused these our Letters to be made Patents Witness Our Self at Westminster the 〈…〉 day of 〈…〉 in the 〈…〉 year of Our Reign XII Here every person named a Commissioner as soon as he shall have notice thereof shall effectually put his diligence and attendance thereunto Howbeit he shall not put the Commission in execution because he shall before the Lord Chancellor or some others whom He by a Dedimus shall thereto assign or before the Justices of Peace in Sessions of the County to which the Commission is directed take the Oath following XIII Ye shall swear that you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be born to any manner of person or persons and as the case shall require ye shall consent and