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
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
for the Justice of Peace or Head-officers there being Justices of Peace to direct a Capias to the Sheriff or other chief Officer for his apprehension and being taken the said Justice of Peace or Head-officer shall commit him to ward until he give good security that he will honestly serve out his time XLIII Notwithstanding this Act High-Constables have power to keep their Statute-Sessions so that they there do nothing repugnant thereunto ☞ XLIV Stat. 1 Jac. 6. The Statute of 5 El. 4. shall give power to the Justices of Peace to rate the wages of any Labourers Weavers Spinsters and Work-men or Work-women whatsoever XLV The rating of such wages in Sessions by the more part of the Justices within any particular Riding or Division where general Sessions have been used severally to be kept shall be as effectual as those rated at the general Sessions of the whole County XLVI The Sheriffs and Head-officers within their several precincts shall cause the said rates to be proclaimed in such sort as if they had been sent down printed from the Lord Keeper which all persons shall be bound to observe upon the pains and penalties mentioned in the said Statute of 5 El. 4. XLVII A Clothier or other convicted before the Justices of Assize or Peace in Sessions or before 2 Justices of Peace 1 Qu. by his own confession or the evidence of 2 witnesses not to have observed the said rates by paying less then in the rates so appointed shall forfeit 10 s. to the party grieved to be levied upon warrant from the same Justices by distress and sale of the goods XLVIII None shall incur any danger for not making certificate of the Rates into the Chancery according to 5 El. 4. XLIX A Clothier being also a Justice of Peace shall not be a rater of wages for any Artificer that depend upon making of Cloth Lancaster I. Stat. 33 H. 6.2 An Indictment found in Lancashire against a foreigner dwelling in another County shall be void unless each Juror had Lands and Tenements there of the yearly value of 5 l. II. The like Law is of an Indictment found in another County and not in Lancashire against an Inhabitant of Lancashire where each Juror hath not Lands and Tenements worth 5 pounds per annum III. Stat. 37 H. 8.16 Lands annexed to the Dutchy of Lancaster and there exchanged by the King with others for the inlargement and conveniency of the said Dutchy See the Statute at large IV. Stat. 2. 3 P. M. 20. A farther enlargement of the said Dutchy See the Statute V. Stat. 16 and 17 Car. 2. cap. 9. An Act impowring the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty to be filed and made use of at hearings in the Court of Dutchy-Chamber 12 d. onely to be paid for taking the same Leases I. Stat. 32 H. 8.28 Leases made by Tenant in tail or by him who is seized in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their wives heirs and successors II. The Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of any old lease unless such old lease expired within a year after the making of the new nor to any grant to be made of any Reversion of Mannors Lands c. nor to any lease of such Mannor Lands c. which have not been let to farm or occupied by Farmers 20 years before such lease made nor to any lease to be made without impeachment of waste nor to any lease to be made for above 21 years or three lives from the day of the making thereof and that upon every such lease there be reserved so much yearly rent as hath been usually paid for the lands so let within 20 years next before such lease made and the Reversioners of the Mannors Lands c. so let after the death of such lessor or his heirs may have such remedy against such lessee his executor and assigns as such lessor might have had against such lessee III. Provided that all leases made by the husband of Mannors Lands c. being the inheritance of the wife shall be made by indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife the heirs of the wife and here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unless it be by fine levied by husband and wife IV. This Act shall not extend to give liberty to take more Farms or Leases then might have been taken before this Act Vide Stat. 25 H. 8.13 Sheep nor to any Parson or Vicar to make any lease otherwise then they might have done before V. All leases for years made within 3 years before the 12 of April in 31 H. 8. by writing indented under seal by any person or persons of full age sane memory not unlawfully coarcted nor covert Baron of any Mannors Lands c. wherein he or they have an estate of Inheritance to his or their own use at the time of the making thereof and whereof the lessee or lessees or their assignes have now the possession by force of such lease or leases and no cause of re-entry or forfeiture thereof had or made shall be good in law against such lessors their heirs and successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force then they were before the making of this Act. VI. No fine Feofment or other Act done by the husband onely of the inheritance of Free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to injoy it after her decease the fines levied by the husband and wife onely excepted VII This Act shall not give liberty to the wife or her heirs to avoid any Lease hereafter to be made of the wife's Inheritance by the husband and wife for 21 years or under or three lives whereupon the accustomable yearly rent for 20 years before is reserved according to the tenor of this Act. VIII This Act shall not extend to make good any Lease made by any Ecclesiastical person which are made void by authority of Parl. or by any such person or other now attainted of treason IX Stat. 1 Eliz. not printed All estates made by any Arch-bishop or Bishop of any Mannors Lands c. parcel of the Possessions of their Bishoprick or united or appertaining thereunto to any person or persons body politick or corporate other then to the Queen her heirs and successors and other then for the term of 21 years and 3 lives from the time of such estate made and
forfeit the cloth so made IV. Such an Alien shall here in England sell his wares in gross and not by retail in pain to forfeit the value of the wares otherwise sold and being an Handicraftsman and inhabiting a great house or chamber shall not take any Apprentice or servant to work with him unless it be his son or daughter or else a Subject born in pain to forfeit for every Apprentice or servant otherwise taken 20 li. V. The forfeitures of this Act are to be divided between the King and the prosecutor VI. Stat. 14 H. 8.2 No Stranger Artificer Denizon or not Denizon shall take any Apprentice but such as is born under the King's obeisance in pain to forfeit 10 l. for every Apprentice otherwise taken to be divided betwixt the King and the prosecutor No Alien shall keep above two Journey-men except they be born under the King's obeisance upon the like pain to be divided as aforesaid VII All Strangers Denizons or not Denizons dwelling within two miles of London shall be under the reformation of the Wardens of Handicrafts within that City and of one substantial Stranger being an housholder of the same Craft to be chosen by the same Wardens VIII The said Wardens and that one Stranger shall assign a proper mark for Strangers wares without taking any thing for the same IX The said Wardens and Stranger shall have power to search view and reform the wares of Aliens made within the said precinct X. Smiths Joyners and Coopers being Aliens shall put such marks to their wares before they sell or use them as the said Wardens shall appoint without taking any thing therefore in pain to forfeit the double value thereof to be divided between the King and the prosecutor XI If upon such search the Wardens and Stranger shall finde any wares to be deceitfully made they shall be forfeit viz. the one half to the King and the other half to the finder and shall be recovered by action of Detinue XII Wardens and Masters of Fellowships of Handicrafts in other Corporations and Bailiffs and other head-Officers in Towns lacking Wardens have like power to reform strangers and strangers are bound to yield obedience unto them upon the like pains as aforesaid XIII Here if a stranger be wronged upon complaint to the Chancellor and Treasurer of England or to the Justices of Assise he shall have redress XIV This Act shall not extend to strangers dwelling in Oxford Cambridge or St. Martins le grand London XV. If the Wardens with a stranger or the Officers of Corporations or other Towns refuse to mark a stranger's wares being required so to doe in such case it shall be lawful for such stranger to sell his wares this Act notwithstanding XVI This Act shall onely extend to Joyners Pouch-makers Coopers and Black-smiths and to no other Crafts XVII Any of the King's Subjects having lands worth 100 l. per annum may retain any stranger that is a Joyner or Glasier to work for him this Act notwithstanding XVIII Stat. 21 H. 16. A Decree made in the Star-Chamber the 20 of February 20 H. 8. concerning Artificers strangers was confirmed The substance of which Decree hereafter followeth XIX A stranger Artificer shall not keep in his house at one time above two strangers servants howbeit a subject Artificer may retain as many strangers as he pleaseth to be his servants or Apprentices XX. Strangers Artificers may take as many English-men to be their servants or Apprentices as they can get XXI Strangers Artificers shall be contributary with English Artificers and in case they refuse they shall not onely lose the benefit of this Decree but likewise be prohibited to exercise their Craft in pain of incurring the forfeiture of the abovesaid Statute XXII Strangers Artificers shall upon lawful warning go with the Wardens and other Governours of the same Company to make search which if they refuse and that proved before the Chancellor of England or Mayor of London or in other places before the chief Officers they shall no longer exercise their profession in England in pain of the forfeitures aforesaid XXIII Strangers Artificers shall upon lawful notice make oath to be true to the King and obedient to his Laws and to make due search with others and not to discover to any beforehand the intention of search and being sworn shall pay for their Commission as the Subjects of England do XXIV No strangers but Denizons shall keep house or shop in pain of incurring the penalties of the aforesaid Statutes XXV Strangers shall not assemble but in the Common Halls of their Mysteries upon the penalties aforesaid XXVI This Decree and Act for so much as concerns Cordwainers shall extend as well to such as work old stuff as those that work new XXVII This Decree and Act shall not extend to strangers Denizons or not Denizons dwelling in Oxford Cambridge or St. Martins le grand London XXVIII Stat. 22 H. 8.8 Aliens born made Denizons shall pay all such customes and other duties as they did before they were made Denizons XXIX A Table of Customes Tolls and Duties shall be set up in every City Borough and Town in pain that every City not doing the same shall forfeit 5 l. and every Town Corporate 40 s. for every moneth the same shall fail to be set up at Penteâ—ost next to be divided betwixt the King and the prosecutor XXX This Act shall not prejudice the Merchants of the Stilyard London XXXI Provided that the Tables of Scavage to be set up in London shall be approved by the Chancellor and Treasurer of England the President of the King's Council the Lord Privie-Seal the Lord Steward of the King's house and the two chief Justices or four of them and shall be by them subscribed XXXII Stat. 22 H. 8.13 No stranger being a common Baker Brewer Surgeon or Scrivener shall be accounted a Handicrafts-man within the penal Statutes made against strangers Artificers XXXIII Stat. 32 H. 8.16 All strangers made Denizons shall be obedient to the Statutes of 1 R. 3.9 14 H. 8.2 and 21 H. 8.16 And in all Letters Patents of Denization hereafter to be made a Proviso for that purpose shall be inserted save onely when the King shall please to grant special Liberties and then those Liberties shall be plainly exprest both in Bills signed by his Majesty and also in the Letters Patents XXXIV No Alien Artificer Denizon or not Denizon in Oxford Cambridge or St. Martins le Grand London shall keep above two strangers servants at one time in pain to incur the penalty of 14 H. 8.2 XXXV Every Alien not Denizon within the King's Dominions shall be bound to observe the Laws of this Kingdom XXXVI No Subject or Stranger using no handicraft shall retain above four servants strangers in pain to forfeit for every servant kept above that number 10 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the prosecutor XXXVIII This Act shall not be prejudicial to a
shall be supplied out of the rest presented or by other such Citizens at the discretion of the said Mayor and six Aldermen XXI Pleas of Attaints commenced in London shall be tried there by Inquests of the same City and not elsewhere XXII In an Attaint there no challenge shall lie for lack of sufficiency in estate XXIII The Judgment in such an Attaint shall not extend to lands or tenements nor yet to other punishment of the petty Jury or other processes then such as are limited by this Act. XXIV In such an Attaint if the petty Jury be attainted Judgment shall be given against the Defendant as at the Common Law and against the petty Jury to forfeit each of them 20 l. or more at the discretion of the Court to be employed as other penalties forfeited before them and to suffer six moneths imprisonment or less at the like discretion of the Court and to be for ever after disabled to be a Juror XXV But if the verdict be affirmed the Grand Jury shall-further inquire the corruption of the petty Jurors and if any of them be found to have taken any reward or promises thereof he shall forfeit ten times the value thereof to the Plaintiff and shall further incurr imprisonment and disability to be a Juror as aforesaid The like forfeiture also and imprisonment shall be inflicted upon the Tenant or Defendant that shall give such reward or promise but this last forfeiture shall accrue to the City in manner aforesaid XXVI If a debt costs or dammages are recovered in the first Action whereupon the Attaint is brought and that verdict found false the Plaintiff in such Attaint may sue for restitution of such debt costs and dammages by Writ Bill or Plaint in any of the King's Courts wherein no wager of Law shall be admitted XXVII In such an Attaint if the Plaintiff be non-suit or the first verdict affirmed the Plaintiff shall be imprisoned and make fine to the use of the City at the discretion of the Court. XXVIII Where there are one or more Plaintiffs if any of them die or be non-suit and albeit all the Tenants or Defendants and some of the petty Jury die yet shall not the Attaint abate so that two of that Jury remain in life XXIX The Grand Jurors that make default shall forfeit for the first forty shillings for the second five pounds and for every other afterwards ten pounds XXX Such process shall be made against the Jurors and parties in this Attaint as is usually made in Attaints at the Common Law and shall be returnable at every Hustings XXXI The Attaint shall not remain to be taken after the first summons for the default of the Tenant or Defendant or any of the petty Jury neither shall any essoign be allowed in the same XXXII When the trial is to be per medietatem linguae the Mayor and Aldermen shall impannel half strangers worth an hundred pound a piece XXXIII Stat. 23 H. 8.3 Upon every untrue Verdict before Judges of Record except where the thing in demand extendeth not to the value of 40 l. or concerneth life the party grieved shall have an Attaint against the petty Jury and also against the party that hath the judgment thereupon XXXIV The Processes here shall be summons re-summons and distress infinite as well against the petty Jury and party as against the Grand Jury who shall be of the accustomed number and have lands of the yearly value of 20 marks out of ancient demesne XXXV The distress shall be awarded 15 daies before the return thereof and shall be made upon the land of every one of the Grand Jury as is used in other distresses XXXVI Albeit the Defendant or petty Jury or some of them appear not yet the grand Jury shall proceed XXXVII If any of the petty Jury appear the Plaintiff shall assign the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the Writ Processes Return and assignment be good but that they made true serement which shall be tried by 24 of the Grand Jury unless the Plaintiff hath before been non-suit or discontinued his suit or had judgment against the same Jury for the same Verdict XXXVIII Howbeit the Defendants may plead that they gave a true verdict or any other matter which may barr the Attaint but notwithstanding such plea the Grand Jury shall nevertheless inquire whether the first Jury gave a true verdict or no. XXXIX If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided betwixt the King and the Plaintiff and incurr several fines at the discretion of the Justices and be ever after disabled to give testimony in any Court XL. If the Defendant's plea in bar be found against him the Plaintiff shall have judgment to be restored to that he lost with his reasonable costs and dammages XLI Outlawry or Excommunication shall be no plea against the Plaintiff in Attaint and in the aforesaid process such day shall be given as in dower but no essoign or protection allowed XLII If the Grand Jury appear not so that the petty Jurie's verdict remains untried the defaulters shall upon the first distress forfeit 20 s. upon the second 40 s. and upon every default after 5 l. The like penalty is also to be inflicted upon the Tales XLIII The Attaint is maintainable so long as any two of the petty Jury are alive XLIV An Attaint shall also lie for a personal thing under the value of 40 l. in manner aforesaid save onely that in such case the Grand Juror is to have lands worth 5 marks per annum out of ancient demesn or to be worth 100 marks in goods and the forfeiture of each petty Juror shall be but 5 l. XLV For want of sufficient Jurors in one County a Tales shall be awarded into another County at the discretion of the Justices XLVI An Attaint shall also lie for him in reversion or remainder And also in Attaint if the Plaintiff be non-suit or discontinue the suit he shall be fined at the discretion of the Justices XLVII All Attaints shall be hereafter taken in the King's Bench or Common Pleas and not elsewhere and Nisa prius shall be granted upon the distress at the discretion of the Justices also any of the petty Jury may appear and answer by Attorney XLVIII As concerning the forfeitures the several moieties shall be recovered by the King and parties respectively by Ca. sa or Fi. fa. or Elegit or Action of debt against each of the petty Jury their Executors or Administrators having then sufficient goods of the Testators not administred XLIX Judgment and Execution of restitution to the Plaintiff and of discharge of restitution to the Tenant or defendant shall be given and had as in case of a grand Attaint hath been used L. The Non-suit or release of one Plaintiff shall not prejudice his companions LI. In every
Commissioners for paving and mending the streets who are enabled to call the Commissioners for Hackney-coaches to accompt for the same VI. All Fines Rents Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress by Warrant under the hands and seals of any 5 of the Commissioners and for want of distress by Imprisonment of the persons untill satisfaction Coals I. Stat. 16 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals brought into the River of Thames and sold shall be sold by the chaldron containing 36 bushells heaped and according to the bushell sealed for that purpose at Guild-hall London and so proportionably II. All other Coals commonly sold by weight after 112 pound to the hundred upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals and the double value thereof to be recovered in any Court of Record or by complaint to the Lord Mayor of London and Justices of the Peace within the City and liberties or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale who upon due pro of upon oath may convict the offenders and give Warrant under their hands and seals for levying the forfeitures one half to the person complaining the other half for the poor or repairing high-ways within the same parish or any other adjoyning parish by their direction or Warrant III. The said Lord Mayor and Court of Aldermen of London and Justices of Peace in their several Counties or any 3 of them whereof one of the Quorum may set rates or prices upon such Coals to be sold by retail allowing competent clear profit to the retailer IV. If any ingrosser or retailer refuse to sell as aforesaid they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored and if refused taking a Constable force entrance and sell the said Coals at such rates rendring the money to the ingrosser or retailer necessary charges deducted This Act to continue 3 years next and to the end of the next session of Parliament and no longer V. Provided no person be sued upon any other Act for the same offence and that the general issue may be pleaded by the defendant to any action upon this Act and upon verdict for the def or that the plaintiff be nonsuit to have dammages and double costs VI. Provided that no person having any interest in any Wharf used for receiving or uttering Coals or trading by himself or in any others name in engrossing or selling Coals shall intermeddle in setting the prices thereof Collectors I. Stat. 18 H. 6.5 None appointed to be a Collector of a fifteen in a City or Borough shall be also Collector in the same County unless he may dispend in the County out of such City in lands 5 l per annum above all reprises II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money and their assistants and deputies Commission and Commissioners I. Stat. 42 E. 3.4 Commissions of Inquiries shall be made to the Justices of the one Bench or the other Justices of Assize Justices of Peace with others of the most worthy in the Countrey save in the Office of the Escheatorship II. Stat. 4. H. 4.9 If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands the Chancellor of England calling to him some of the Justices and the chief Baron if need be hath power to give remedy therein III. Stat. 7 H. 4.11 Commissioners not receiving a Commission shall be discharged thereof upon oath IV. The Barons of the Exchequer have power to administer the oath and to discharge them thereupon V. The Barons of the Exchequer and the Justices of either Bench have also power by Dedimus potestatem to receive such oaths in the Country and the Justices shall make certificate thereof into the Exchequer and thereupon also the Barons shall discharge the Commissioners their heirs executors and land-tenants VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer and of inquiry and certifying onely Common Pleas. I. Magna Charta 11. 9 H. 3. Common Pleas shall not follow the Court but shall be holden in some place certain II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer contrary to the form of the Greâ— Charter Common Prayer See Religion Conditions I. Stat. 32 H. 8.34 Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands as fully as the Lessors their heirs or successors might have done II. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their lessors or grantors their heirs or successors all advantage of recoveries in value by reason of any warranty in Deed or Law by Voucher or otherwise onely excepted Confirmation I. Marlbr 5. 52 H. 3. The Great Charter and that of the Forest shall be duely observed and inquired of before the Justices in Eyre and the Sheriffs in their Counties and the offenders shall be grievously punished by the King II. Stat. 25 E. 1. cap. 1 2 3 4. The Great Charters are confirmed judgments given against them shall be void they shall be read in all Cathedral Churcheâ—â— and Excommunication shall be pronounced against the breakers of them III. Artic. super Chart. 1. 28 E. 1. The Great Charter and that also of the Forest shall be duly observed IV. They shall be read four times in the year in a full County-Court viz. at the Counties after Mich. Christm Easter and St. John Baptist V. There shall be three Knights or other substantial men chosen by the Commonalty in every County to hear plaints concerning the Charters and to determine them without such delay as is used at the Common Law but they shall not in their proceeding prejudice the Common Law or the Charters VI. They shall have their power by the King 's Writ under the Great Seal and the Sheriffs and Bailiffs shall be attendant upon them VII Stat 1 E. 3.1 The Great Charter and that of the Forest shall be duly kept and put in execution See Ann. 2.4.5.10.14 28.31.36.37.42 45 E. 3. cap. 1. 50 E. 3. cap. 2. and Ann. 1.2 Stat. 2.5.6 Stat. 1. cap. 1.7 cap. 2.8 12 R. 2. cap. 1. also Ann. 1.2.4.7.9 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1. VIII Stat. 10 E. 3.1 All Statutes not repealed shall be kept and put in execution See also 28.36.37 38 E. 3. cap. 1. and 1.2 Stat. 2.35.6 cap. 1.7 cap. 2.8.9 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9 13. 4 H. 5. cap. 1. IX Stat. 42 E. 3. If any Statute be made contrary to Magna Charta or Charta de Foresta it
pain of 40 s. to be divided betwixt the King and the prosecutor and if the Treasurer or Receiver or their Clerks make and sign one they shall take but 4 d. for it in pain to forfeit 20 s. for every acquittance for which they take more to be divided as aforesaid and every acquittance shall be a sufficient discharge according to the tenor thereof XV. If any Receiver or his Clerk pay a pension or other annuity or rent and have a sufficient acquittance signed sealed and delivered unto him by the party that is to receive such payment he shall take nothing for such acquittance in pain to forfeit 20 s. and if the Receiver or Clerk provide such acquittance he shall not take above 4 d. for the same in pain to forfeit also 20 s. neither shall the Receiver or his Deputy take above the rate of 4 d. in the pound for money which he shall so pay in pain to forfeit 6 s. 8 d. for every peny he takes above The said forfeitures are to be divided betwixt the King and the prosecutor XVI The Auditor that takes above 3 s. 4 d. for enrolling any Patent Decree or Grant shall forfeit 6 s. 8 d. for every peny so taken to be divided as aforesaid and he shall enroll them being tendred unto him or as much thereof as concerns his office XVII Auditors shall cause Proclamation to be made in four Market-towns twenty days at least before their coming into the County to keep their Audit in pain of 5 l. XVIII Auditors shall send out their Precepts for the Audit betwixt Michaelmas and Christmas XIX An Accomptant that after notice doth not appear at the Audit or appearing refuseth to accompt or accompting defers to pay his charge to the Receiver above three weeks after or conceals or withdraws any rent or other profit shall forfeit his Office and fee and for concealing or withdrawing shall forfeit three times so much as is concealed or withdrawn proof of the said defaults being made to the Head-officer of any of the said Courts and the said Courts shall thereupon award process in the nature of Attachments for remedy thereof XX. In all actions for debts accruing to the King upon attainder outlawry forfeiture gift or other collateral way it shall be sufficient to shew generally that the party unto whom such debt did belong such year and day did give it to the King or was attainted outlawed or other act committed whereby it came to the King without alledging the particular circumstances And in such case the King shall be preferred both in suit and execution before any other person whatsoever XXI Lands of inheritance which were the King's debtor's are chargeable with the King's debts unto whomsoever after the debtor's death they shall descend remain or come XXII The King's debts are payable by the heir though he be not named in the Recognisance Bond or other Specialtie and notwithstanding the land which comes unto him be intailed XXIII The Executor and Administrator are also chargeable if they have Assets XXIV This Act shall not prejudice any who claim the lands chargeable by any just and former title without fraud XXV Upon sufficient cause shewed why the lands should not be charged the Court shall discharge them of the King's debt XXVI If the lands chargeable be in several mens tenures they shall be intirely charged and not severally XXVII This Act shall not diminish any of the Liberties or Privileges of the Dutchie or County Palatine of Lancaster XXVIII All Processes and Executions for debts growing in the Exchequer shall be made by the Officers of that Court but in such kind as is limited by this Act. XXIX Stat. 1 M. Parl. 1.10 The Queen may by her letters Patents alter dissolve or reduce into one or more the Courts of Augmentations First-fruits and Tenths Wards Surveyors and the Dutchie or may annex any of them together or unto any other Court of Record or erect of the same any other new Court or Courts XXX Provided that nothing in the said Letters Patents to be contained shall charge the Subject otherwise then as he ought to have been charged before the second day of this Parliament and that the Officers of the said Courts shall not hold Plea but onely where the Queen is party against any of her Subjects XXXI Provided also that if the Queen shall annex any of the said Courts to the Exchequer all things within the survey of the Court or Courts so annexed shall be ordered the Exchequer-way saving to all persons their Offices Rents Annuities and Fees to be paid out of any of the Queen's Courts where there shall be sufficient revenue to answer the same XXXII Stat. 16 Car. 10.17 cap. 10. The Court of Star-Chamber the Court holden before the Presidents and Councils in the Marches of Wales and the Northern parts the Court of the Dutchie of Lancaster holden before the Chancellor and Council of that Court the Court of Exchequer of the County Palatine of Chester holden before the Chamberlain and Council of that Court and all other Courts of like Jurisdiction and also all Warrants and Directions of the Council-board for commitments restraints or imprisonments awarded by the King or his Council are absolutely dissolved annulled and made void See the Statute at large XXXIII Stat. 16.17 Car. 15. An Act made against divers incroachments and oppressions in the Stannary Courts See the Statute at large XXXIV Stat. 12 Car. 2. cap. 24. The Court of Wards and Liveries and all Wardships Tenures in capite liveries Primer seisins Ouster le maines c. and other dependencies upon the said Court taken away and discharged and the Act of 32 H. 8. cap. 6. 33 H. 8. cap. 22. repealed XXXV Proviso Not to take away any rents heriots or suits of Court or other services belonging to tenures now taken away or in common soccage or to grow due to the King mean Lord or other private persons or the fealty and distress incident thereunto and such relief shall continue in respect of such rent as is paid in case of death of tenant in common soccage XXXVI Nor to take away any fines for alienations due by particular customes of particular mannors and places other then for lands held of the King in capite XXXVII Nor to take away tenures in frank-almoign nor alter any tenures by copy of Court-Roll nor any services of Grand-sergeanty other then Wardship Marriage and aids aforesaid XXXVIII Parents may dispose of the custody of their children untill they attain the age of 21 years Courts and Jurisdictions Ecclesiastical I. Stat. 17 Car. 1. cap. 11. A recital of the branch of the Stat. 1. El. cap. 1. whereby the high-Commission Court was erected for visiting reforming and correcting all Heresies Schisms c. and a Repeal of the same And enacted that no new Court be erected with like Power Jurisdiction or Authority but all Letters patents for that purpose and all authorities thereby granted to be void
III. Stat. 51 H. 3. Concerning general Days in a Writ of Dower If the Writ come in Octabis Mich. Quindena Mich. Tres Michael Mense Mich. Crastino Anim. Crastino Mart. Octabis Mart. Quindena Mart. Octabis Hill Quindeno Hill Crastino Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crast ascens Octabis Trin. Quindena Trin. Crast Johannis Octabis Johan nis Quindena Johannis Day shall be given untill Crastino Animarum Crast Martini Octabis Martini Quindena Mart. Octabis Hillarii Quindena Hillarif Crastino Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Crastino Ascens Octabis Trin. Quindena Trin. Crast Joh. Bapt. Octabis Joh. Bapt. Quindena Johannis Octabis Mich. Quindena Mich. Tres Michael Mense Mich. Crastino Anim. IV. Marlbridg 12. 52 H. 3. In Dower unde nihil habet four days shall be given in the year and more if conveinently may be so that they shall have five or six days at least in the year V. In Assizes of Darreign presentment and a Plea of Quare impedit days shall be given from fifteen to fifteen or from three weeks to three weeks according to the distance of the place VI In a Quare impedit if the Disturber come not in upon summons nor cast an Essoine he shall be attached at another day when if he come not nor cast an Essoine the great distress shall issue against him when if he come not a Writ shall be sent to the Bishop that the Disturber claim not for that time to the prejudice of the Plaintiff saving unto him his right at another time VII The same Law shall be observed for Attachment as for Distresses so that the second Attachment shall be made by better pledges and after the last Distress VIII Stat. 32 H. 8.21 There shall be onely four days of Return in Trinity-Term viz. Crast Trin. Octab. Trin. Quindena Trin. and Tres Trin. IX This Term shall hereafter begin upon the Munday after Trinity Sunday for keeping of Essoines Profers Returns and other ceremonies formerly used and the full Term shall begin the Friday after Corpus Christi Day being always the Friday next ensuing X. If a writ in any reall Action come in and be returnable Octabis Hill Quindena Hill Crastino Purif Octabis Purif Crast Trin. Octab. Trin. Quindena Trin. Tres Trin. Day shall be given in Crastino Trin. Octab. Trin. Quinden Trin. Tres Trin. Crast Anim. Crast Martini Octabis Martini Quindena Mart. XI If any Writ of Dower come in and be returnable Quindena Paschae Tres Paschae Mense Paschae Quinque Pase or Crast Ascens Crastino Trin. Octabis Trin. Quindena Trin. Tres Trin. Day shall be given in Crastino Trin. Octab. Trin. Quind Trin. Tres Trin. Octab. Mich. Quind Mich. Tres Mich. Mense Mich. XII All common Writs and Processes as well personal as mixt shall keep the said returns of Trinity-Term ordained by this Act. XIII This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes as have used to have special days assigned XIV The said Statute of Marlbidge 12 and also 5 E. 3. which see in attaint being not contrariant to this Act shall remain firm notwithstanding this Act. XV. Stat. 16 17 Car. 6. There shall be onely six days of return in Michaelmas Term viz. Tres Michael Mense Michael Crast Anim. Crastino Mart. Octabis Mart. and Quindena Mart. XVI Michaelmas Term shall hereafter begin at Tres Mich. for the keeping of Essoines Profers Returns and other ceremonies heretofore used and the full Term shall be four days after Howbeit if the beginning of the Term or the said fourth day happen to be Sunday then the next day is to be kept for it XVII If any Writ in any real action other then writs of Entry for common Recoveries writs of right of Advowson and Writs of Dower unde nihil habet hereafter mentioned come in and be returnable Tres Mich. Mense Mich. Crastino Anim. Crastino Mart. Octab. Mart. Quindena Mart. Octab. Hill Quindena Hill Crast Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crast Ascens Crast Trin. Octab. Trin. Quind Trin. Tres Trin. Then day shall be given Crastino Purif Octabis Purif Quind Paschae Tres Paschae Mense Paschae Quind Pasch Crast Ascens Crast Trin. Octab. Trin. Quindena Trin. Tres Trin. Tres Mich. Mense Michaelis Crastino Anim. Crast Mart. Octab. Mart. Quindena Mart. Octabis Hillarii Quindena Hillarii XVIII Provided that in Writs of Dower unde nihil habet after issue joyned 15 days betwixt the teste and the Term shall suffice as is used in personal actions XIX Crastino Ascens shall be a good return notwithstanding there be not 15 days between the quarto die of that return and the Essoin-day of the return of Crast Trin. Also the return from Tres Mich. to Crast Anim. shall be a good return albeit there be not 15 days between the Quarto die of Tres Mich. and the Essoin days of Crast Anim. XX. All Writs of Summons ad warrantizandum against Vouchees upon common Recoveries had in Writs of Entrie upon the apparance of the tenant and all Writs of Right of Advowson shall be abridged to five Returns as Writs of Summons ad warrantizandum in Writs of Dower have been heretofore used XXI This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes as have used to have special days assigned XXII The days in Assize of Darreign Presentment and in Plea of Quare impedit limited by the said Statute of Marelbridge and also the days given in Attaint limited by 5 E. 3 8. and 23 H. 8.3 which see in Attaint being not contrary to the tenour of this Act shall be held firm notwithstanding this Act. Damages and Costs I. Glocester 1. 6 E. 1. Damages are given in Assizes of Novel disseisin as well against the alienee of the disseisor as against the disseisor himself so that every one shall answer for his time II. The disseisee shall recover damages in a Writ of Entrie upon Novel disseisin against him that is found tenant after the disseisor III. Damages shall be awarded in all cases where one recovereth in an Assize of Mortdancester And also in Writs of Cosinage Ayel and Besayel IV. The Demandant may recover against the Tenant the costs of his Writ together with the damages aforesaid and this Act shall hold place in all cases where the party is to recover damages V. Glocester 14. 6 E. 1. Disseisees in London shall have damages by Recognisance of the same Assize whereby they recovered their lands and the Disseisors shall be amercied before two Barons of the Exchequer which shall resort once a year into the Cities to do it and the Barons and Treasurer shall cause it every year to be levied by two of them at their rising after
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
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
compound with any Defendant before answer nor then but by consent of Court in pain of 10 l. and the Pillory VI. Where the Informer delayes or discontinues his suit or otherwise is non-suit or overthrown the Court shall assign costs to the Defendant to be immediately levied by execution issuing out of the same Court VII Justices of Oyer and Terminer Assize and Peace in their Sessions have power to hear and determine these offences VIII This Act shall not restrain Actions brought for Maintenance Champerty buying of title or Imbracery nor any certain person or body Politique to whom any forfeiture or penalty is specially limited nor certain Officers who have lawfully used to exhibit informations IX Stat. 29 El. 5. in fine If any shall be sued upon any penal Law in the King's Bench Common Pleas or Exchequer where such person is bailable by law or may appear by Attorney the person so sued shall at the day contained in the first process appear by Attorney to defend the same and shall not be urged to personal apparence or to put in bail to answer the same X. Stat. 31 Eliz. 10. The said clause of 29 Eliz. 5. shall only extend to natural born subjects or free Denizons and none others ☞ Inrolments I. Stat. 6 R. 2.4 Deeds that were inrolled and late torn or imbezeled by Rebels in the late Insurrection being exemplified shall be of the same force as the deeds themselves would have been if they had been extant II. Stat. 27 H. 8.16 Bargains and sales to raise an use of Inheritance or free-hold must be by deed indented and inrolled within six moneths after the date thereof in some Court of Record at Westminster or in the County where the land lyeth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the land is not worth 40 s. per annum is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in parchment and to deliver them unto the Custos Rotulorum within one year after III. This Act shall not extend to lands tenements or hereditaments in Corporations where an Officer or Officers there have lawfully used to inrol deeds or other writing IV. Stat. 34. 35 H. 8.22 All Recoveries deeds inrolled and releases acknowledged or taken before any Officer or Officers of any Corporation having authority to receive the same shall remain in force notwithstanding the Statute of 32 H. 8.28 which see in Leases V. Stat. 5 El. 26. All inrolments of such writings indented as are mentioned in the Statute of 27 H. 8.16 of lands c. in the Counties of Lancaster Chester and the Bishoprick of Durham being inrolled within six moneths after the Date thereof viz. those in Lancashire in the Chancery at Lancaster or before the Justices of Assize there those in Cheshire in the Exchequer at Chester or before the Justices of Assize there and those in the Bishoprick in the Chancery at Durham or before the Justices of Assize there shall be as good in law as if they were inroled in any of the Courts at Westminster Intrusion I. Prerog Beg. Cap. 13. 17 E. 2. When the King's Tenant in chief dies and his heir enters into the land before he hath done homage to or received seisin of the King he shall thereby gain no free-hold and if he die seized during that time his wife shall not be endowed thereof as it fell out in the case of the wife of Mansel the Marshal II. Stat. 21 Jac. 14. When the King or any claiming under his title shall be out of possession or not have received the profits of lands c. within the space of 20 years before any information of Intrusion brought to recover the same In this case the Defendant shall plead the general issue if he think fit and shall not be pressed to plead especially and shall also retain the possession thereof until the title be found for the King III. Where an information of Intrusion may fitly be brought on the King's behalf no Scire facias shall issue whereunto the subject shall be forced to a special pleading and be derprived of the grace intended by this Act. Ipswich I. Stat. 13 El. 21. The streets of Ipswich in the County of Suffolk and of the Suburbs thereof shall be paved with good paving stone and for ever repaired by the Owners Landlords or Terre-tenants along from and against their houses lands and tenements adjoyning to the street viz. so much of the said street in length as his house lands c. so adjoyning extend unto and in breadth during all the length to the Channel or to such place as the Channel there shall be appointed by the Bailiffs to extend unto in pain to forfeit for every yard square not sufficiently repaired 8 d. II. The Bailiffs of Ipswich and the Portmen there the Church-wardens and four of every Parish shall have authority to tax upon every house ground and tenement there free and copy reasonable summs of money to be yearly paid as well towards the finding of a convenient stipendary Minister within every Parish as for the reparation of the Churches Ireland I. In the Book of Magna Charta is an Ordinance for Ireland concerning divers matters intituled Ordinatio pro statu terrae Hiberniae II. Stat. 17 E. 1. cap. 1. The King's officers in Ireland shall purchase no land there without the King's licence III. Cap. 2. King's Officers in Ireland shall make no purveyance there but by writ out of the Chancery there or in England that in time of necessity onely and by the advice of the Council there IV. Cap. 3. All kind of Merchandizes may be exported out of Ireland except to the King's enemies and if any Officer restrain them he shall satisfie double damages to the party grieved and be also punished by the King V. Cap. 4. The fees for every Bill of grace in Ireland under the seal of the Justice there shall be 4 d. for the Bill and 2 d. for the writing thereof VI. Cap. 5. The Marshal's fee for a Prisoner when he shall be delivered is 4 d. VII Cap. 6. No pardon of the death of a man or other felony or for flying for the same shall be granted by the Justices there but onely at the King's command and under his seals VIII Cap. 7. No Officers there shall receive any original writ which is not sealed by the seal of Ireland or by the Exchequer-seal there of things concerning that Court. IX Cap. 8. The Justice of Ireland shall not delay or adjourn Assize of Novel disseisin there save onely in the County where he is and while he shall remain there X. Stat. 34 E. 3.17 All kind of Merchandize may be exported and imported out of and into Ireland as
Copies of Offices Lands Tenements and Hereditaments parcel of the Dutchy of Cornwall and a confirmation of such as be made not exceeding 31 years or 3 lives Leather and Hides I. Stat. 14 Car. 2. cap. 7. None shall transport beyond Seas any raw Leather or Hides tanned or untanned and for the regulating abuses in Leather and the Stat. 18 El. cap. 9. 8 El. cap. 14. 5 El. cap. 22. and 1 Jac. cap. 22. mentioned and the exportation of Hides declared a common nusance The Act not to extend to prohibit the transporting of Bootes and Shooes nor Hides and Leather to be necessarily used in any Ship See Title Cordwainers Curriers c. Lee-River I. Stat. 13 E. 18. For making the River of Lee Navigable from Ware to London See the Statute Leet I. Stat. 18 E. 2. The Articles of the charge in a Leet II. Stat. 1 Jac. 5. No Steward or Deputy Steward of any Leet or Court Baron shall make benefit to the value of 12 d. or more by colour of any Grant made of the profits or perquisites of any such Courts whereof he is Steward in pain to be disabled for ever after to be Steward of any Court and besides to forfeit 40 l. to be divided betwixt the King and the prosecutor Libel I. Stat. 2 H. 5.3 A Copy of a Libel grantable in the Ecclesiastical Court shall be presently delivered upon the defendants apparance Limitation I. Merton 25 H. 3.8 Seisin of ones Ancestor in writ of right shall be from the time of H. 2. In a Mortdancester writ of Neife and of Entry from the last return of King John out of Ireland and in an Assize of Novel disseisin from Henry the third's first Voyage into Gascoign II. West 1. 3 E. 1.38 Seisin of of ones Ancestor in a writ of right shall be from the time of R. 1. In an Assise of Novel disseisin and Nuper obiit from H. 3. his voyage into Gascoign and in a Mortdancester Cosenage Ayal and Neife from the Coronation of H. 3. III. Stat. 32 H. 8.2 Seisin in a writ of right shall be within 60 years before the Teste of the same writ IV. In a Mortdancester Cosinage Ayal writ of Entry sur disseisin or any other possessory Action upon the possession of his Ancestor or Predecessor it shall be within 50 years before the Teste of the original of any such writ V. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the original of the same writ VI. In an Avowry or Cognisance for rent suit or services of the seisin of his Ancestor predecessor or his own or of any other whose estate he pretends to have it shall be within 40 yeares before the making of such Avowry or Cognisance VII Formedons in reverter or remainder and scire facias upon fines shall be sued within 50 years after the title or cause of Action accrued and not after VIII The party demandant Plaintiff or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognisance prescription c. IX Provided that in any of the said actions avowries prescriptions c. the party grieved may have an attaint upon a false verdict given X. Stat. 1 M. 1. Parl. 2. Sess Cap. 5. The Statute of 32 H. 8.2 shall not extend to a writ of right of Advowson Quare impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate but the time of the seisin to be alledged in such cases shall be as it was at the Common law before the making of the said Statute XI Stat. 21 Jac. 2. The King his heirs or successors shall recover no concealed Mannors Lands Tenements Rents Tithes or Hereditaments other then Liberties and Franchises and the issues and profits which concern the same nor make any Right Claim or Demand of in or to the same by reason of any right or title accrued 60 years and more and now in esse unless the King or some of his Predecessors or some other under whom he claims have been answered by force of such right or title the Rents issues and profits thereof within 60 years next before the begining of this Parliament Or that the same have been duly in charge to the King or Queen Elizabeth or have stood in super of record within the said time XII This Act shall not extend to impeach the King 's right or title to any reversion or remainder nor to alter the tenures or services of Lands And here also the right of all others save of the King is saved XIII Neither shall this Act extend to annul the custome of two pence paid for every Chaldron of Sea-Coals at Newcastle upon Tine XIV Provided that no putting in charge standing in super or answering the rents or profits of any Lands or Hereditaments by force or colour of any Letters Pattents Grants of Concealments or defective Titles or of Lands Tenements or Hereditaments out of charge or by force or colour of any inquisions presentments upon any Commission or other authority to find out Concealments Defective Titles or Lands Tenements or Hereditaments out of charge shall be deemed or taken to be a putting in charge standing in super or answering the rents or profits to the King or his predecessors unless thereupon such Lands Tenements or Hereditaments have been upon any informatian or suit on the behalf of the King or his Predecessors upon any lawful verdict given or demurrer in Law adjudged and upon a hearing ordered or decreed to the King or his predecessors within the said time of 60 years XV. This Act shall not extend to lands for which composition is or shall be made before the end of this Parliament XVI Stat. 21 Jac. 16. All Writs of Formedon in Descender Remainder or Revertor for any title or cause now in esse shall be sued within 20 years next after this present Session of Parliament and for any title or cause hereafter accruing within 20 years after such title or cause so accruing Otherwise such title shall be for ever after barred and the party claiming utterly excluded from entry XVII None now having any right or title of entry into any Mannors Lands Tenements or Hereditaments now held from him or them shall thereinto enter but within 20 years next after the end of this Sessions of Parliament or within 20 years next after any other title accrued And none shall at any time hereafter make any entry into any Lands Tenements or Hereditaments but within 20 years next after his or their right or title which shall hereafter first descend or accrue to the same XVIII The Titles of any Infant Feme covert non compos mentis one imprisoned or beyond sea are saved so as they commence their suit
within ten years after such imperfections removed XIX All Actions upon the Case other then for slander actions for accompt other then such as concern Merchandize Actions or Trespass Debt Detinue Trover and Replevin shall be commenced within three years after this present Session of Parliament or within 6 years after the cause of such actions or suit and not after XX. All actions or trespass of Assault Battery Wounding and imprisonment shall be commenced within one year after this session or within four years after the cause of suit and not after XXI All actions upon the Case for words shall be commenced within one year after this present session or within two years after the words spoken and not after XXII Provided that if in any such actions judgment be given for the Plaintiff and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of judgment it is given against him or if the Defendant be outlawed in the suit and after reverse the outlawry in these cases the Plaintiff his Heirs Executors or Administrators may commence a new Action within a year after such judgment reversed or given against the Plaintiff or outlawry so reversed and not after XXIII The right of Action in the cases abovesaid is saved to an infant Feme covert non compos mentis a person imprisoned or beyond Sea so as they commence their suits within the times above limited respectively after their imperfections removed Linne I. Stat. 26 H. 8.9 An Act for the repairing of the Town of Linne See the Statute at large ☞ Linnen Cloth * I. Stat. 28 H. 8.4 No person whatsoever shall put to sale any piece of Doulas or Lockeram unless the just length be expressed thereupon in pain to forfeit the same or the value thereof to be divided betwixt the King and the seiser * II. Stat. 1 El. 12. None shall use any means whereby Linnen Cloth shall be deceitful or made worse for use in pain to forfeit the same to suffer a moneths imprisonment and to be fined by the Justices before whom he shall be condemned III. Justices of Oyer and Terminer and of Assize and Justices of Peace or any three of them 1 Quo. have power to hear and determine these offences ☞ IV. The Informer that shall at the next Sessions of the Peace after the seiser to be kept in the County where such seiser is made or before two Justices 1 Qu. make due information of the offence and seiser or procure the Offender to be there indicted and be bound by recognizances before the said Justices to pursue the same matter with effect and give evidence as of right appertaineth and pay the one moiety of what he recovers to the Sheriff or other accomptant for the Queen's use shall have the other moiety for his paines V. The Justices before whom these offences are tried shall by estreat certifie the forfeiture into the Exchequer See more title Mannufacture num III. Livery and Ouster le main I. Stat. De escheatoribus 29 E. 1. Where by Inquests taken before the Escheator upon the King 's writ returned it is found that nothing is holden of the King the Escheator shall be immediatly commanded by the King 's writ out of the Chancery to put from his hands the Lands so taken into the King's hands and if the Escheator have received any profit thereof he shall restore it Howbeit if the King's title may afterwards be made appear by remembrances in the Chancery Exchequer or elsewhere the Lands shall be reseised and the mean profits answered to the King and in such case Scire sacias shall issue out against the party to shew cause why they should not be reseised Vide Artic. super Cart. 28 E. 1. cap. 19. To the like effect as to the Ouster le main and rendring the mean profits when there is no cause of seisor II. Stat. 28 E. 3.4 Where the King's tenant after he hath had livery hath been charged with rents and other paiments become due after such livery for part of the time pro rata hereafter the Escheator shall be charged with the Casual and continual prosits which happen before the livery pro rata according to the time and the tenant shall receive certain paiments of rent c. which happen after the livery without any abatement thereof pro rata for the time ☞ Liveries of Companies and Retainers * I. Stat. 1 R. 2.7 None shall give liveries for maintenance of quarrels or other conspiracies in pain of imprisonment and grievous forfeiture to the King And the Justices of Assize shall diligently inquire of such as gather together in Fraternities for such purposes and shall punish them according to their demerits London I. Stat. de Gavelet 10 E. 2. The Lords of Rents in London may recover them by a writ of Gavelet in their Hoystings and in default thereof the Lands in demesne II. Stat. 28 E. 3.10 The Mayors Sheriffs and Aldermen of London shall cause errours defaults and misprisions there to be redressed in pain to forfeit for the first default 1000 marks for the second 2000 marks and for the third to have the franchise and liberty of the City seised And their defaults herein shall be inquired of by Inquests of Kent Essex Sussex Hertford Buckingham and Berks as well at the King's suit as of others that will complain III. The Maior Sheriffs and Aldermen being indicted shall be caused by due process to come before the King's Justices assigned thereunto out of the City and there shall be made to answer as well to the King as to the party grieved and their trial shall be by forein Inquests as aforesaid whereupon if they be attainted the said pain shall be levied upon them and the Plaintiffs also shall recover treble damages IV. In the prosecution of such suits the Constable of the Tower or his Lievtenant shall execute all processes in the City which process shall be by attachment distress and exigent and in the King's case the exigent shall be awarded after the first Capias returned but after the return of the third Capias at the suit of the party V. If they have lands out of the City process shall issue against them in the Countie where such lands be by attachment and distress VI. Every of them that appear shall answer particularly for himself as well at the peril of him that is absent as of himself VII This Ordinance shall extend to all other Cities and Boroughs throughout the Realm Howbeit the Inquests in such cases shall be taken by foreign people of the Counties wherein such Cities and Boroughs are scituate and the pains to beset upon them shall be adjudged by the Justices thereto assigned VIII Stat. 1 H. 4.15 The penalties of 1000 and 2000 marks imposed by the Statute of 28 E. 3. shall not be limited to a certainty but the penalties shall from henceforth be left to the discretion of the Justices thereunto assigned in
the said Statute of 37 H. 8.4 other then such as by the Kings Commission shall be altered and all Mannors Lands Pensions Hereditaments and things belonging to them and all Mannors Lands c. given or limited for the finding of a Priest to have continuance for ever and wherewith a Priest hath been maintained within the said five years which were not in the actual possession of H. 8. or E. 6. and all rents profits and emoluments within the said five years imployed towards or for the maintenance of a stipendiary Priest intended by any Act or Writing to have continuance for ever shall be adjudged and be in the actual and real possession of the King his heirs and successors without any office or other inquisition in as large manner as such Priests or other Governors or Incumbents thereof at any time within the said five years injoyed the same L. All Mannors Lands c. appointed for the maintenance of such Priests to have continuance for a term of years not yet expired are also given to the King during such term only and no longer and then it shall be lawful for the Reversioner to enter without livery Ouster le main petition or other suit to be made to the King for the same LI. The King shall also have all Lands Tenements rents and other Hereditaments given for the maintenance of an Anniversary or Obit or other like intent or of any light or lamp in any Church or Chappel to have continuance for ever which hath been so maintained within five years above limited LII Where an Anniversary Obit Light Lamp or the like is kept or maintained out of part of the issues of any lands c. the King shall have so much yearly rent issuing out of the same lands as such charge did amount unto in any one year within the said 5. years to be paid yearly by even portions at Michaclmas and Lady day into the Court of Augmentations or such other Court as the King shall appoint and upon non-payment thereof it shall be lawful for the King his heirs and successors to distrain for the same And if there be no distress to be had and the rent be unpaid by the space of a month after it should be paid in such case the King shall seize part of the Lands of like value to answer the rent to have and hold them to him his heirs and assigns or for so long time as he so was to have the issues out of the said Lands LIII The King his heirs and successors shall have all sums of money profits commodities and emoluments appointed to have continuance for ever which in any one year within the said years have been imployed by any Corporation Guild Fraternity Company or Fellowship of any Mystery or Craft or by any Governour or Governours towards the maintenance of any Priest Anniversary Obit Lamp Light or the like to be paid yearly as a rent charge at Michaclmas and Lady day by even portions in the said Court of Augmentations or in any other Court that the King shall appoint LIV. The King hath power to distrain the said Corporations Guilds c. for the said money which shall be in the actual possession of the King without any inquisition or office LV. The King shall have to him his heirs and successors all Fraternities Brotherhoods and Guilds and all their Lands c. other then those above mentioned and they shall be also in the actual possession of the King without any inquisition or office LVI The King may direct Commissions to such persons as he shall think fit which Commissioners or any two of them shall have power to survey all Lay-Corporations Guilds Fraternities Companies and Fellowships of Mysteries or Crafts incorporate and all other Fraternities Brotherhoods and Guilds within the limits of their Commission and also all Evidences Compositions Books of Accompts and other writings thereby the better to discover what money or other things was paid for the finding of a Priest Anniversary c. And likewise to inquire what Mannors Lands Tenements Rents and other hereditaments are given to the King by force of this Act. LVII The Commissioners or any two of them have power where Guilds Fraternities or Chantery Priests having been in esse from Michaelmas last to the first day of this Parliament ought by their foundation to have kept a Grammar-School or Preacher to assign Lands to continue in succession to a School-master or Preacher for ever towards the keeping of a School and preaching and for such other good purposes as to them shall seem meet And likewise to make a Vicar to have perpetuity for ever in every Parish being the first day of this Parliament a Colledge Free chappel or Chantery or united unto any of them And also to indow such Vicar sufficiently without any licence or grant from the King Bishop or other Officers of the Diocess LVIII These also have power in great Towns where more Priests are necessary to assign such Lands for the maintenance of one or more Priests there as they shall think fit And also to give Rules for the service use and Demeaner of such Priests and Schoolmasters as aforesaid and to set down by what name or names they shall from thenceforth be called LIX The Commissioners shall also assign such yearly pensions to every Governour Fellow and servant of every such Colledge Free-Chappel or Chantery to continue during their several lives as to them shall seem fit LX. The Commissioners shall inquire what money or other profit any poor person injoyed within 5 years before this Parliament and to give order for the payment thereof and to assign Lands for that purpose that it may have continuance for ever And also to appoint lands to Fraternities Brotherhoods and Guilds for the Maintenance of Peirs Jutties Walls and Banks LXI The Receivers of the respective Counties where such Pensions are allowed by the Commissioners shall readily pay them without fee and shall be allowed his upon their accompt LXII The Commissioners shall make oath thâ—t they shall beneficially execute their Commissions towards the Deans Masters Wardens Provosts and other Incumbents aforesaid as also towards the poor and the maintenance of Peirs Jutties c. And all orders by them or any two of them certified into the Court for Augmentations or other Court to be assigned by the King shall be as effectual as if they had been ordained by Parliament LXIII Howbeit they shall not allow more to any Dean Master c. then they injoyed before and when he is promoted to better means it shall cease LXIV The Commissioners or two of them at least shall within one year after the Commission to them directed make certificate of such assignments as they have made in pain of 100 pounds LXV The King shall have all the goods of every Colledge Chantery Free-Chappel Chantery or Stipendary Priest belonging to the furniture or services of their several Foundations and superstitiously abused Howbeit their debts
2. 31 E. 1. Ecclesiastical persons being debarred by the former Statutes to obtain lands in Mortmain by alienation endeavoured fraudulently to obtain them by default in a suit And therefore in such case it was ordained by this Statute that it should be inquired by the Countrey whether or no the demandant had a just title thereto and if so then he should recover seisin but if otherwise the Lord of the fee should enter as aforesaid And by this Statute each mean Lord hath a full half year given him after the Lord next before him until it come to the King And here also the Lords as also the King are allowed their challenges IV. After the judgement given the lands shall remain clear in the Kings hand until it be deraigned by the demandant or some other chief Lord and the Sheriff shall be charged to answer for it in the Exchequer V. Ordinatio de perquirendis libertatibus 27 E. 1. To obtain licence to make a Park or to amortize lands the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same VI. Here inquisitions of Lands that shall be found by extent to be worth yearly more then 20 s. shall be returned into the Exchequer and there the parties shall make fine for the Amortizements and for the Park if the Inquisition passe for them And afterwards the Chancellor or his Deputy shall have order to do his duty therein VII When the yearly value of the lands exceed not 20 s. the inquisition shall be returned to the Chancellor and he or his Deputy shall rate and take the fine according to the quantity of the land VIII The like shall be done by such as purchase lands holden of the King in chief IX If persons dwelling beyond Sea and having lands or rents in England are desirous to purchase Letters of protection or would make general Attorneys they shall be first sent to the Exchequer to make their fines and from thence to the Chancellor or his Deputy for that which he ought to do therein X. In like manner shall they do that will purchase any Fair Market Warren or any other liberty also such as will purchase instalment of their debts shall be sent into the Exchequer XI Also such as are unable to travel or dwell in remote parts from the Chancery which plead or be impleaded shall have a writ out of the Chancery to some sufficient man that shall receive their Attorneys when need is XII For the better remembrance of these things there shall be a tripartite Indenture made whereof one shall remain in the Chancery another in the Exchequer and the third in the Gardrobe XIII The Statute of Amortizing Lands 34 E. 1. Lands shall not be aliened in Mortmain where there be mean Lords without their consent declared under their seals Neither shall any thing passe where the donor reserveth nothing to himself or when the Inquisition is made and returned without war viz. without the Writ original returned with the Inquisition and unlesse the original make mention of every thing according to the new Ordinance devised by the King XIV The Statute of Writs for making Inquisition of Lands to be put to Mortmain Incerti temperis Writs ad quod damnum for amortizing lands shall not be granted but upon Petition in full Parliament XV. Stat. de Clero 3. 18 E. 3. If Prelates Clerks beneficed or other people of Religion being impeached for purchasing lands in Mortmain shew the Kings Charter of Licence and process thereupon made by an Inquest of ad quo ◠damnum or of the Kings Grace or by Fine they shall be in peace And albeit they cannot sufficiently shew that they have entred by due process after licence to them granted in general or in special yet they shall be well received to make a convenient fine for the same XVI Stat. 15 R. 2.5 It is within the compass of the Statue of 7 E. 1. to convert any Land into a Church-yard albeit it be done by the consent or connivence of the ter-tenant and confirmed by the Popes Bull. XVII If any be seised of any lands or other possessions to the use of any spiritual person with purpose to amortize them and whereof such spiritual person takes the profits they shall before the Feast of S. Michael next cause them to be amortized by the licence of the King and other Lords or dispose of them to some other use otherwise they shall be forfeit according to the form of the said Statute as lands purchased by people of Religion Add no such purchase to the use of such spiritual persons shall be hereafter made upon the like pain XVIII The same Law shall be of Lands or other possessions purchased to the use of Guilds and Fraternities Also lands purchased by Corporations or to their use shall be within the compass of the said Statute de Religiosis XIX Stat. 23 H. 10. If any grant of Lands or other Hereditaments shall be made in trust to the use of any Churches Chappels Church-wardens Guilds Fraternities Commonalties Companies or Brotherhoods or to have perpetual Obits or a continual service of a Priest for ever or for 60 or 80 years or to such like uses or intents All such uses intents and purposes shall be void they being no Corporations but erected either of devotion or else by common consent of the people XX. Such uses and intents may be made and declared to continue 20 years from the time of such limiting of them but no longer XXI Collateral assurances made for the defending of this Statute shall be void and this shall be interpreted most beneficially for the destruction of such uses as aforesaid XXII This Act shall not prejudice Corporations where there is a custome to devise lands in Mortmain XXIII This Act shall not prejudice the Executors of Jannis and Terry late Aldermen of Norwich ☞ Mortuaties I. Stat. 21 H. 8.6 No spiritual person his Bayliff or Lessee shall take or demand more for a Mortuary then as is hereafter expressed nor shall convent any person before any Ecclesiastical Judge for the recovery of more for the same then as is hereafter declared in pain to forfeit so much as he takes or demands more and likewise 40 s. to the party grieved to be recovered by action of debt wherein no essoin c. shall be allowed II. None shall take or demand for a Mortuary any thing at all where by the Custom they have not been usually paid nor upon the death of a Woman Covert a Child a person not keeping house a wayfaring man one not residing in the place where he happens to die nor where the goods of the dead person debts deduct d amount not to the value of 10 marks Nor above the sum of 3 s. 4 d. when they exceed not 30 l. nor above 6 s. 8 d. when they exceed 30 l. but not 40 l. nor above 10 s. when they amount to 40 l. or above And if
have allowed them viz. the Knights 4 s. and the Burgesses 2 s. a day or more during the Parliament and their reasonable time of comming to and returning from the Parliament together with their costs of Writs and other ordinary fees and charges by this Statute it is ordained that the Sheriffs of all the 12 Shires in Wales and the County of Monmouth shall have power to levy the said fees of the Inhabitants of those Shires and Counties and shall pay them to the Knights within two Moneths after the said Knights shall have delivered unto them their Writs de solutione feodi Militis Parliamenti in pain to forfeit 20 l. to be recovered by bill plaint c. and to be divided betwixt the King and the prosecutor and for every month that such default is made after the said two moneths 20 l. more to be levied as aforesaid The Head-officers also of the Cities and Burroughs in the said twelve Shires and County shall levy and pay their Burgesses wages and fees within the like time after the writs De solutione feodi Burgens Parliam delivered unto them upon the like pains to be levied of the goods and chattels of such Head-officers XXXIII The Inhabitants of the Cities and Boroughs in the said Shires and County which having no Burgesses of their own use to contribute towards the wages of the Burgesses of the Shire-Towns shall have warning by Proclamation or otherwise from the Head-officers of the said Towns to come and give their voices at the electing of the Burgesses of such Shire-Towns XXXIV Two Justices of Peace in each of the said Shires and County have power to tax every City and Burrough in the several Counties where they inhabit respectively towards the wages of the Burgesses within the Shire-Towns which taxes shall be again rated upon the Inhabitants of each such City and Burrough by four or six discreet and substantial Burgesses there and then levied and paid by the Head-officers unto the Burgesses of Parliament for the said Shire-Towns in manner and form aforesaid and upon the like pains XXXV Stat. 12 Car. 2. cap. 1. The Parliament begun the 3. of Nov. 16 Car. 1. declared to be dissolved And the Lords and Commons now sitting declared to be the two houses of Parliament XXXVI The Parliament begun at Westm 3. of Nov. 1640. declared to be Dissolved and that there is nor can be any legislative power in either or both Houses of Parliament without the King XXXVII Tumultuous and disorderly preparing Petitions Remonstrances to the King and Houses of Parliament having been a great occasion of the late Wars and calamities It is Enacted That no person hereafter shall sollicite or procure any Petition complaint Remonstrance Declaration or other address to the King or both or either Houses of Parliament for altering of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at the publick Assizes or general Quarter-Sessions Or if in London by the Lord Mayor Aldermen and Commons in Councel Assembled XXXVIII Provided this Act be not intended to hinder any persons not exceeding 10 in number to present any publick or private grievance or complaint to any Members after election and during continuance of the Parliament or to the King for remedy therein nor to any address to the King by all or any the Members of Parliament during their sitting XXXIX Stat. 16 Car. 2. cap. 1. The Act in 16 Car. 1. Entituled An Act for preventing of Inconveniencies hapning by long intermissions of Parliament Being in derogation of his Majesties just Rights and Prerogative inherent to the Crown for calling and assembling Parliaments Repealed And declared That Parliaments shall not be intermitted or discontinued above three years at the most and to be assembled and called oftner if need require Parson Vicar and Parsonage I. Stat. 14 E. 3. Stat. 1.17 Parsons Vicars Wardens of Chappels and Provost-Wardens and Priests of perpetual Chanteries shall have their Writs of Juris utrum of lands and tenements rents and possessions annexed and given perpetually in Almes to Vicarages Chappels or Chanteries and recover by other Writs in their case as far forth as Parsons of Churches and Prebends Partitions and Parceners I. Statutum Hiverniae 14 H. 3. If land descend to several Coparceners they shall all hold of the chief Lord of the Fee and not one of another This is the usage in England and shall also be observed in Ireland II. Prerog Reg. 5.17 E. 2. If one inheritance that is holden of theâ—ing in chief descend to many Parceners all the heirs shall do homage to the King and that Inheritance shall be divided amongst those Heirs so that every of them after shall hold their part of the King III. Stat. 31. H. 8.1 Joynt-tenants and tenants in common of any inheritance in their own right or in the right of their wives in any Mannors Lands Tenements or Hereditaments may be compelled to make Partition by Writ De partitione sacienda as Coparceners are compellable to do and this Writ shall be pursued at the common Law IV. Provided that after such Partition made they shall have aid one of another and of their heirs to deraign warranty and to recover for the rate as Coparceners use to have V. Stat. 32. H. 8.32 Joynt-tenants and Tenants in common that have inheritance or free-hold in any Mannors Lands Tenements or Hereditaments shall also be compellable to make partition by the said Writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their Executors and Assigns Passage and Arrivage I. Stat. 8. H. 6.27 Any of the inhabitants of Tewksbury in Com. Gloucestr may have an action of debt according to the Stat. of Winchester to recover against the communalty of the Forest of Dean and Hundred of Bledislow and Westbury though no Communalty recompence for robberies and wrongs done them upon Severn Also the goods of any private person may be taken upon an Execution awarded against the Communalty Any person may arrest and imprison the offenders and he whose goods are taken in execution may have an action of trespass or debt against the offender II. Stat. 9 H. 6.5 All persons shall have free passage in Severn with Flotes and Drags and all other Merchandize goods and chattels and if any be disturbed he shall have his remedy by action at the common Law III. Stat. 19. H. 7.18 Another stricter Statute for the free passage of Severn See the Statute at large IV. Stat. 23 H. 8.12 None shall interrupt the passage upon the banks of Severn or take or ask any tax or toll for the same in pain of 40 s. to be divided betwixt the King and the party grieved V. Stat. 26 H. 8.5 Justices
or Dockets of all things by him taken and subscribing his name thereunto shall deliver them to the Constables Head-boroughs or other Officers of the places where he takes the same things in pain for every such default to suffer one years imprisonment and forseit 100 marks to be divided betwixt the King and the prosecutor which said Dockets shall be by the said Officers delivered over to the Justices of peace at their next general Sessions and by them certified to the Lord Steward Treasurer or Comptroller of the King and Queens houses if such purveyance were for the house but if for the Navy then to the Treasurer or Comptroller of the Navy and all this to the end a true answer of the purveyors Commission may fully appear LVIII This Statute shall not give liberty to purveyors or their Deputies to execute their Office otherwise then is provided and expressed in other Statutes heretofore made upon the pains and penalties in the same former Statutes contained LIX Statutes made and provided for purveyors or Takers shall also extend to their Undertakers Deputies and servants LX. All Commissions of purveyance shall be written in English LXI Stat. 12 Car. 2. cap. 24. Purveyanacs for the Kings houshold and all carriages for purveyances and all sums of money or other things taken rated or paid in regard hereof or of any the children of any King or Queen of England and all constraint for providing Carriages for their goods without the owners free consent obtained without menace or enforcement be taken away and in recompence thereof and of the Courts of Wards taken away Rates of Excise given to the King LXII Stat. 13 Car. 2. cap. 8. The clause in the Act taking away purveyances being inconvenient in regard of the King or Queens Royal progresses It is Enacted That the Clerk or chief Officer of the Kings Carriages three dayes before the Kings Arrival by Warrant from the Green-Cloth shall give notice to two Justices of the peace adjoyning to provide Carts and Carriage for the Kings use expressing the time and place of attendance every carriage to consist of four horses or four Oxen and two horses for every which Carriage the owner to receive 6 d. for every mile going laden LXIII If any shall upon occasion refuse or neglect to provide Carriages accordingly for the King or Queen his or her houshold and be convicted by the Oath of the Constable other Officer or two Witnesses before any Justice of the Peace of the Countrey such person shall forfeit 40 s. to the Kings use to be levied by distress and sale of his goods Provided none be compelled to travel above one dayes Journey and upon ready payment at the place of lading LXIV If any Justice of the Peace or other Officer shall take any gift or reward to spare any or shall impress any other Carriage then directed from the Green-Cloth he shall forfeit 10 l. to be recovered in any the Kings Courts of Record And any person taking supon him to impress any horses or Carriages other then impowred he shall suffer the punishment in the recited Act. LXV The Kings servants shall not pay above 12 d. a night for a bed and 6 d. for a servants bed and where they pay for their diet and horsemeat beds shall be provided gratis LXVI Two Justices of the Peace near the Road after notice from the Green-Cloth or Avenor under their hands and seals shall set and proclaim the rates and prizes to be paid during the Kings stay for Hay and Oats and other accomodations for horses and rone shall take more upon pain of 40 s. to be levyed by warrant of the said Justices upon the Offendors goods LXVII This Act to continue untill the end of the first Session of the next Parliament and no longer LXVIII Stat. 14 Car. 2. cap. 20. The said clause of the Stat. 12 Car. 2. cap. 24. of setling a revenue upon the King in lieu and recompence for taking away the Court of Wards and Purveyance being recited It is notwithstanding Enacted LXIX That Carriages shall be provided for the use of the Kings Navy and Ordnance upon notice in writing by appointment of the Lord Admiral or two or more of the principal Officers or Commissioners of the Navy or Master or Lievtenant of the Ordinance directed to two Justices of the Peace near the place where the same are to be provided LXX The said two Justices of the Peace shall issue their Warrants to such adjacent Parishes Hundreds or Divisions as they shall think fit not above 12 miles distant from the place of lading The Owners to receive for every load of Timber 12 d. per mile and for every other provision 8 d. the mile per Tun from the place of lading LXXI The Lord Admiral or Officers above mentioned may likewise impress Ships Hoyes and Boats for the Carriages imployed for the Navy and Ordnance at the rates per Tun usually paid by Merchants and upon difference to be setled by the Brotherhood of Trinity-house of Debtford-strand LXXII If any the Kings subjects shall refuse or neglect to perform the service in carriage upon conviction as aforesaid for land-Carriages and for Water-carriages by the Oath of such persons as shall be appointed by the Lord Admiral or principal Officers aforesaid or two credible Witnesses shall for every such default of Land-Carriage forfeit 20 s. And for water-carriage treble the fraight of the ship or vessel to be levyed by the Justices of the Peace or other chief Officer of Corporations or from the principal Officers of the Navy aforesaid by distress and sale of the Offendors goods LXXIII Provided no person or carriage be forced to travel further or continue longer then by order of the said Justices of the Peace and ready payment at the place of lading LXXIV No Officer impowred shall take any gift or reward to spare any person nor none shall be charged injuriously of evil will no more then necessity of service shall require or then shall be commanded by the superiours upon forfeiture of 10 l. to the party grieved to be recovered by Action of debt and if any shall take upon him to press any horses or Carriage being not lawfully impowred to incur the penalty in the Act for taking away purveyances mentioned LXXV Proviso no ship or vessel fraighted by Charter-party if there be other vessels in the Port nor any vessel quarter-laden outward bound shall be lyable to be impressed LXXV Proviso to allow the Inhabitants of New-Forrest in the County of Southampton 4 d. per mile extraordinary going empty This Act to continue till the end of the first Session of the next Parliament and no longer Quakers * I. Stat. 13 14 Car. 2. cap. 1. IF any persons who maintain That the taking of an Oath in any case whatsoever though before a lawful Magistrate is unlawful and contrary to the Word of God shall wilfully refuse to take an Oath by the Laws of the land being duly
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
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
the Countrey shall have but fourty dayes given them to agree for the robbery or offence otherwise they are to answer for the bodies of such offenders VI. Cap. 4. In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town from nine a clock until day unless his Host will answer for him for which purpose the Bailiffs of the Towns shall make search once every fortnight at least and if they find any suspitious person lodged without the Town against the Peace they shall do right therein Again betwixt Asceasion-day and Michaelmas watch shall be kept all night from Sun-set till Sun-rising viz. in a City with 6 men at every gate in a Burrough with 12 men and in every Town with 6 or 4 men according to the number of the inhabitants there if any stranger pass by them he shall be arrested untill the morning when if they have no suspition of him they shall let him go quit but if otherwise they shall deliver him to the Sheriff to be safely kept untill he be duly acquitted And here if he will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a stranger none shall be punished VII Cap. 5. High-wayes leading from Market to Market shall be so enlarged that there shall not be any dike tree or Bush within 200 foot thereof Howbeit this Act shall not extend to great Trees Here if by default of the Lord in not removing his dike under-wood or Bushes any robbery be here committed he shall be answerable for the same and if there be murder committed the Lord shall make fine at the Kings will And in case the Lord be not able to fell the Under-woods the Countrey shall help him The Kings Demesne Lands and Forests shall be also subject to this Law and if a Park be set too near the High-way the Pale thereof shall be removed to the distance aforesaid VIII Cap. 6. Pars inde Two Constables shall be chosen in every Hundred and Franchise who shall present to the Justices assigned such defaults as they shall find in the Countrey concerning suits watches and high-wayes and also such persons as lodg strangers in uplandish Towns for whom they shall not answer And the Justices assigned shall present them at the Parliament to the King who will provide remedy therein Also Sheriffs and Bailiffs of Franchises are straightly commanded to follow the Cry with the Countrey and to keep Horse and Arms to perform the same in pain to be presented by the Constables to the Justices assigned and by them to the King as aforesaid IX Artic. super Cart. 17. 28 E. 1. The Statute of Winchester shall be again sent into every County to be read and published four times in the year and to be kept as strictly as the Great Charters upon the pains therein limited And for the better observance thereof the Knights assigned in the Counties to redress things done against the Great Charter shall be likewise charged with this and have Warrant for the same accordingly X. Stat. 5 E. 3.14 If any have suspition of night-walkers or other suspitious persons then called Robertsmen Wastors and Draw-latches by day or night they shall be presently arrested by the Constables and if it be in a Franchise they shall be delivered to the Bailiffs but if in a Guildable then to the Sheriff and shall be kept in prison till the coming of the Justices to deliver the Goal and in the mean time the Sheriff or Bailiff shall enquire of such arrests and return their Enquests before the Justices at their coming together with the cause of their taking whereupon the Justices shall proceed to their deliverance according to Law and here if the Sheriff or Bailiff neglect to enquire they shall be amerced and nevertheless the Justices shall make enquiry and proceed to the deliverance XI Stat. 28 E. 3.11 The Statute of Winchester cap. 1. 2. 13 E. 1. is confirmed being in a manner the same with that word for word XII Stat. 7 R. 26. The Statute of Winchester is again confirmed and it shall be proclaimed four times a year by the Sheriff himself in person in every Hundred and in every Market by the Bailiffs thereof XIII Stat. 27 El. 13. The Hundred where fresh suit shall cease shall answer half the the damages to the Hundred wherein the Felony shall be commited to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit XIV When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1. Qu. dwelling within or near the same Hundred shall for the levying thereof set a tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular inhabitants and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them XV. No Hundred shall be chargeable when any one of the malefactors shall be apprehended or when the action is not prosecuted within one year after the Robbery committed XVI No Hue and Cry shall be deemed legal unless the pursuit be both by horse and foot XVII No person robbed shall maintain an action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within twenty days before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to the law XVIII Stat. 39 El. 25. A remedy for the inhabitants of the Hundred of Henhurst in the County of Berks for recovery of such sums of money as shall be gained from them by force of the Statute of 22 El. 11. XIX Stat. 14 Car. 2. cap. 22. For preventing Theft and Rapine by leud persons called Mess-Troopers frequenting the Borders of Northumberland Cumberland and the adjacent parts of Scotland The Inhabitants of the said two Counties may be charged for five years by the Justices of the Peace for resistance of the said Moss-Troopers XX. Provided not to charge Northumberland above 500 l. per annum and Cumberland above 200 l. per annum And the said Justices may apâ—oint men not exceeding 30 for Northumberland and 12 for Cumberland for searching for and apprehending the said malefactors and may issue Warrant for collecting the assessments and every Justice of the Peace may examine offences against this Act and bind over the offenders to Sessions
Tile before the first of March and shall likewise be tryed and severed from stones malne marle and chalk II. A plain Tile shall contain in length ten inches and an half in breadth six inches and a quarter and in thickness half an inch half a quarter at least A roof or cross-tile in length thirteen inches and in thickness as before with convenient deepness accordingly a gutter and a corner-tile in length ten inches and an half with convenient thickness breadth and deepness III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by Action of debt and besides shall make fine and ransom at the Kings will IV. Justices of Peace shall hear and determine these defaults and effences as well at the suit of the King as of the party grieved and shall not set less fine upon an offender against this Act then after the rate of 5 s. for every thousand of plain Tile 6 s. 8 d. for every hundred of roof-tile and 2 s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in pain to forfeit to the King for every default 10 s. and shall have of every Tile-maker for such search after the rate of 1 d. for every thousand of plain Tile ob for every hundred of roof-tile and qu. for every hundred of corner and gutter-tile and shall make presentment of all defaults found at the next Sessions which shall be as effectual in Law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of Peace have also power to hear and determine in the defaults of the said searchers Tindale Ridesdale and Examshire I. Stat. 2 H. 5.5 If any person of Tindale or Examshire commit any murder treason manslaughter or robbery or consent thereunto out of the said Franchises Process shall be made against him until he be outlawed and after outlawry returned the Justices before whom it is so returned shall make certificate thereof to the Ministers of the said Franchises who shall take such Felons and seize their lands and tenements into the hands of the Lords of the same Franchises as forfeit but their lands and tenements out of those Franchises shall be seized to the use of the King and other Lords having Franchise there as forfeit saving to the King the forfeitures of such offenders which to him belong in right of his Crown II. Stat. 9 H. 5.7 The Statute of 2 H. 5.5 made against offenders in Tindale and Examshire shall be extended against the like offenders in Ridesdale III. Stat. 11 H. 7.9 The North and South-Tindale and all the lands within the same shall be guildable and parcel of the County of Northumberland and no Franchise shall be there but all the Kings Writs and Officers shall be there obeyed IV. None shall demise any lards for years life or at will there but the Lessor shall before find two sureties having at least 40 s. per annum within the County of Northumberland to be bound by Recognisance in 20 l. to the King to make answer within 8 days warning to all such offences as aforesaid And the Lessor shall forfeit 40 s. for every acre otherwise let to the King and Justices and such Lease shall be void The Justices of Peace also shall inquire of such Recognisances forfeited See the Statute at large ☞ Tithes * I. Stat. pro Clero 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge saving to him his right II. Stat. 1. R. 2.14 Where in an Action of goods carried away the Defendant maketh his title for Tithes due to his Church in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel III. Stat. 5. H 4.11 The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes where the lands in farm do lie notwithstanding they be seised into the Kings hands or any prohibition made to the contrary ☞ IV. Stat. 27. H. 8.20 If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace 1. qu. of any contumacie or misdemeanour committed by a Defendant in any suit there depending for Tithes the said Justices shall commit such Defendant to prison there to remain till he shall find sufficient surety to be bound before them by Recognisance or otherwise to give due obedience to the Process Proceedings Decrees and Sentences of the said Court V. This Act shall not extend to any Citizen of London neither shall it restrain any person from having their defence and remedy according to the Ecclesiastical Laws and the Laws and Statutes of this Kingdom VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint shall have established the Ecclesiastical Laws for the Church of England after which time Tithes shall be paid according to those Laws and not otherwise * VII Stat. 28 H. 8.11 The year in which the first-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice and the Tithes and other profits of any such Benefice arising during the time of the vacation shall belong to the Presentee or his Executors towards payment of the first-fruits which if any Archbishop Bishop or other hinder him to have he shall forfeit the treble value thereof to be divided betwixt the King and such incumbent Howbeit such Archbishop Bishop Ordinary or other officer shall be allowed the charge of the Cure and of inning Tithes and other profits VIII Here also the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands IX But the successor upon a months warning shall have the Parsonage-house and the Glebe not sowen X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate the next incumbent shall do it within 14. days after his induction ☞ XI Stat. 32 H. 8.7 All persons shall duly set forth and pay all Tithes and Offerings according to the custom of the places where they grow due XII If Tithes or Offerings be not so set out and paid the party grieved may convent him that so detains them before the Ecclesiastical Judge who hath power to hear and determine the matter in question ordinarily or summarily according to the Ecclesiastical Laws and to give sentence thereupon accordingly XIII Here if any of the parties appeal the Judge upon such appeal shall adjudge to the other party reasonable costs and compel the Appellant to satisfie them by Process and censures Ecclesiastical taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him
XIV If any person after such sentence given refuse to pay the Tithes or sums of money so adjudged then two Justices of Peace 1. Qu. shall upon certificate thereof from the Judge commit the party so refusing to the next Goal there to remain until he have found sureties to be bound by Recognisance or otherwise before the same Judge to the King to perform the said sentence XV. Howbeit none shall be thereby compelled to pay Tithes for lands or other hereditaments which by the Laws and Statutes of this Realm are discharged and not chargeable with the payment of Tithes Neither shall it extend to the City of London or the Suburbs thereof XVI In all cases where any person who hath any estate of inheritance free-hold term right or interest in any Parsonage Vicarage or other Ecclesiastical profit which now be or hereafter shall be made temporal and admitted to be and abide in temporal hands and to lay-uses by the Laws and Statutes of this Realm shall happen to be hereafter outed or otherwise wronged from or concerning the same he or she shall have remedy for the same in the Kings temporal Courts or other temporal Courte as the case shall require by Writs of Praecipe quod reddat Assize of Novel disseisin Mortdancester quod ei deforciat Writs of Dower and other Original Writs as the case shall require in like manner as for lands tenements and other hereditaments in such manner to be demanded XVII Also Writs of Covenant and other Writs for fines to be levied and all other assurances to be had and made of Parsonages Vicarages and other profits called Spiritual shall be devised and granted in Chancery as hath been used for fines and assurances of other lands Likewise all Judgements given and Fines levied for and of such Parsonages c. shall be of like effect as Judgments given and Fines levied of other lands XVIII Howbeit remedy for Tithes or offerings shall be had in the Ecclesiastical Court and not in temporal Courts as above by this Act is provided XIX Stat. 37 H. 8.12 A confirmation of a Decree made by Thomas Archbishop of Canterbury and others there named for the payment of tithes in London See the Statute and Decree at large * XX. Stat. 2 3. E. 6.13 The Statutes of 27 H. 8.20 and 32 H. 8.7 are confirmed And every person shall without fraud yield and pay all predial Tithes as hath been used within 40 years before the making of this Act or of right or custom they ought to have been paid XXI None shall take or carry away any tithes paid or that ought to have been paid as aforesaid before he hath justly divided and set forth for the tithe thereof the tenth part of the same or otherwise agreed for the same tithes with the Parson Vicar or other owner Proprietor or farmer thereof in pain to forfeit the treble value of the tithes so taken or carried away XXII At Tithing time it shall be lawful for the Owner claiming such predial tithes his Deputy or servant to see his said tithes be truly set out and severed from the nine parts and the same quietly to take and carry away XXIII If any person carry away his Corn Hay or other predial tithes before they be set out or willingly withdraw his tithes of the same or of other things whereof predial tithes ought to be paid or do let such owner to view take and carry away his tithes as aforesaid by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing letting or stopping shall pay the double value of the tithe so taken lost withdrawn or carried away besides costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical Laws XXIV Tithe of Cattel feeding in a Waste or Common where the Parish is not known shall be paid by the owner of such Cattel in the place where he dwells XXV None shall be compelled to pay tithes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition reall XXVI Barren heath and waste ground other then such as be discharged from tithe by Parliament which hath heretofore paid no tithes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of seven years next after such improvement pay tithes Or if they yielded some small tithe before the improvement they shall only pay that same small tithe during the first seven years but afterwards shall pay the full tithe according to such improvement XXVII Every person exercising Merchandize buying and selling or any other art or faculty being such persons and in such places as heretofore within 40 years have used to pay personal tithes or of right ought to have paid them and not day-labourers shall yearly at or before Easter pay for his personal tithes the tenth part of his clear gains reasonable charges and expences being deducted XXVIII Handy-craft men having used to pay tithes within 40 years shall still pay them XXIX The Ordinary hath power to examine him that refuseth to pay his personal tithes by any lawful means otherwise then by his own oath concerning the payment of such tithes XXX Offerings shall be paid in the place where the party dwells at such four offering dayes as heretofore within the space of four years last past have been used for the payment thereof but in default thereof at Easter XXXI Parishes that stand upon or towards the Sea-coasts the commodities whereof consist much in fishing shall pay their tithes as they have done within 40 years and their offerings as aforesaid XXXII This Act shall not extend to London or Canterbury or their Suburbs nor to any other Town or place where the Inhabitants have used to pay tithes by houses XXXIII Suits for substracting or withdrawing of tithes and other profits Spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or prohibition hanging to excommunicate the party disobeying the Sentence and if he stand excommunicate 40 days to certifie the excommunication after publication thereof at the place or Parish where such party dwels into the Chancery and thereupon to require Process De excommunicato capiendo to be awarded against the person so excommunicate XXXIV Before a Prohibition shall be granted the party Plaintiff therein shall bring a true copy of the Libel exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the same party and thereunder shall be written the suggestion whereupon the party demanded such prohibition and the Libel thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by two sufficient witnesses within six months next after such
Ireland And in Scotland all sorts of Victuals of the growth or production of Scotland and in Ireland all such victuals of their growth or production and to transport the same into any the said Lands Islands Plantations or Places VI. Every person importing by Land any Goods or Commodities into the said Islands Plantations or places shall deliver to the Governor thereof or such as by him appointed within 24 hours after Importation their names and sirnames and a true Inventory of all such Goods and no such Ship shall lade or unlade any such goods untill the Master have made known to the said Governor or other by him appointed the arrival of the Ship her name the Masters name and shewed she is an English Ship or by Certificate that she is belonging to England Wales or Berwick Navigated as aforesaid and a perfect Inventory of her Lading and the place where they were taken in upon pain of forfeiture as aforesaid VII All Governors of such Islands Plantations and Places to be put to an oath before such persons as the King shall appoint to do their utmost to see this Act performed And for offending herein to be put out of their places made incapable of any other Government in the said places and forfeit 1000 l. one moity to the King the other moity to such person as shall inform and sue for the same as aforesaid VIII If any Officer of the Customs in England VVales or Berwick upon Tweed shall give Warrant or suffer any Sugar Tobacco Ginger Cotton Wooll Indico Speckle Wood or Jamaica Wood Fustick or other dying wood of the growth of the Lands or Plantations to be carried into any other Country or place unless they have been unladed in England VVales or Berwick such Officer shall forfeit his Place and value of the Goods one moity to the King the other moity to him that shall sue for the same as aforesaid IX It shall be lawful out of any Port of England VVales or Berwick to ship and lade Sea-coals for any part of them paying for the Chaldron Newcastle measure only 1 s. 8 d. and London measure 1 s. and no more in full of all Custome and Poundage for the same Previded the same be shipped and navigated as aforesaid and security given to the Officers of the Custome of the Port where they are shipped for landing them in the said Plantations and not elsewhere X. It shall be lawful for all persons to export out of any the Ports of England Wales and Berwick in which there is a Customer and Collector all sorts of Forein Coyn Bullion of Gold or Silver first entring the same in the Custom-House without paying any Custom or Fee for the same XI For every Head of Cattle except of the breed of Scotland imported into England Wales or Berwick after the 1. of July in any year And for every head of great Cattle of the breed of Scotland that be brought into England VVales or Berwick after the 24th of August and before the 20th of December in any year there shall be paid to the King and his heirs 20 s. and 10 s. to him that shall inform or seize the same and 10 s. to the Poor of the Parish where such seizure or information shall be made And to the King for every Sheep imported into England VVales or Berwick after the 1. of Aug. and before the 20th of Decemb. in any year 10 s. to be recovered and levied as aforesaid This Act as to great Cattle or Sheep not to take place till the First of Aug. 1664. nor continue longer than the first Session of the next Parliament XII No Fresh-Herring fresh Cod or Haddock Coalfish or Gulfish shall be imported into England VVales or Berwick but in English built Ships and having Certificate thereof as aforesaid and which have been taken in Ships Navigated as aforesaid and not bought of strangers or strangers Bottoms upon pain of forfeiture of the same and the Ships or Vessells one moity to the King the other moity to the Informer to be recovered as aforesaid XIII For salted or dryed Fish imported in any other Ship or Vessel then English as aforesaid there shall be paid for Custome viz. Codfish the barrel 5 s. Codfish the Last containing 12 barrels 3 l. Codfish the Hundred containing 120 10 s. Coalfish the hundred 5 s. Lings the hundred 20 s. White Herrings the Last 12 barrels 1 l. 16 s. Haddocks the barrel 2 s. Gulfish the barrel 2 s. XIV Every person that shall plant Tobacco in England Wales Guernsey Jersey Islands and Berwick upon Tweed shall forfeit 10 l. for every Pole of ground so planted over and above the penalty in the former Act of planting Tobacco one third part to the King one third part to the Poor of the Parish where the offence is and one third part to him that shall sue for the same in any the Kings Courts of Record at Westminster And if any person resist execution of the said Act he shall be committed to the Goal till he have entred Recognizance with Sureties of 20 l. not to commit the like offence again Proviso for Gardens of the Universities and Surgery and Physick the quantity not exceeding half a Pole XV. It shall be lawful to import Cattel of the breed of the Isle of Man not exceeding 600 in one year And Corn of the growth of that Island out of it into England so as the Cattel be landed 〈◊〉 Chester Leverpool or Wire-water ☞ Treason I. Stat. De proditionibus 25 E. 3. Stat. 5. cap. 2. To compass or imagine the death of the King Queen or Prince to violate the Queen the Kings eldest daughter unmarried or the Princes wife to levy War against the King or to adhere to his enemies within the Realm giving them aid or comfort within the Realm or elswhere To counterfeit the Kings Great Seal or Privy Seal or his money to bring false money into this Realm counterfeit according to the money of England knowing the said money to be false to Merchandise or make payment with it to kill the Chancellor Treasurer or any Justice of either Bench Justices in Eyre Justices of Assize or any other Justices assigned to hear and determine being in their places doing their Offices is by this Statute declared to be High Treason And in the said cases that ought to be adjudged Treason which extends to the King or his Royal Majesty II. Forfeitures of Escheats pertain to the King of whomsoever the lands are holden III. There is another sort of Treason viz. Petty Treason when a servant kills his Master a Wife her Husband a Secular or Regular his Prelate to whom he oweth faith and obedience in such cases the Escheat pertains to every Lord of his own Fee IV. If any other case supposed Treason shall happen before any Justices they shall defer the judgment thereof untill the case may be declared before the King and his Parliament whether it ought to be adjudged
inferiour Officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or Head-Officer be committed to Prison without ball till he whip or cause to be whipped the party offending as is above limited IX No Justice of Peace shall execute this Statute for offences done to himself unless he be associated with one or more Justices of Peace whom the offence doth not concern X. Stat. 21 Jac. 16. pars inde In all Actions of Trespass Quare clausum fregit wherein the Defendant or Defendants shall disclaim in his or their Plea to make any Title to the land in which the trespass is by the declaration supposed to be done and the trespass be by negligence or unvoluntary the Defendant or Defendants shall be admitted to plead a disclaimer and that the Trespass was done by negligence or unvoluntary and a tender of offer of sufficient amends for such Trespass before the Action brought whereupon or upon some of which the Plaintiff or Plaintiffs shall be forced to joyn issue and if the said issue be found for the Defendant or Defendants or the Plaintiff or Plaintiffs be non-suited such Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions and all other suit concerning the same Triall I. Stat. 9 E. 3. Stat. 1. cap. 4. Whereas many be delayed in their Actions for that the Tenants or Defendants plead in Barr a release quit-claim or other special Deed made within a Franchise where the Kings Writ runneth not It is enacted That when such Deeds are shewed forth in Bar of an Action and bear date within a Franchise Albeit the witnesses named in the Deed be of the Franchise yet if the Deed be denied Process shall be awarded in the Court where the Plea depends to cause the Country and the witnesses to appear and if the witnesses come not at the great distresses returned notwithstanding such absence of the witnesses the Justices shall not let to proceed to the taking of the Enquest as well as if such Deed did bear date within the County where the Plea was moved and that the witnesses were of the same County II. Stat. 8 H. 6.29 The Statute of 28 E. 3.13 which see in Staple ordering that an Enquest shall be De medietate linguae where an Alien is party is confirmed And it is by this Act further declared that the Statute of 2 H. 5.3 which see in Jurors doth onely extend to Enquests taken between Denizen and Denizen so that an Alien may be put upon Enquests according to the Statute of 28 E. 3. albeit he have not lands of the yearly value of 40 s. III. Stat. 20 H. 6.9 Trial of Dutchesses Countesses and Baronesses for Treason or Felony shall be as of Noble-men Peers of the Realm and not otherwise notwithstanding the Statute of Magna Carta cap. 9. which mentioneth men only to be tried by their Peers See that Chapter of Mag. Cart. in Accusation IV. Stat. 4 H. 8.2 Pars inde Where a Murderer or Felon to delay his arraignment pleads that he was taken out of a priviledged place in a foreign County and if it be alledged by the Kings Attorney or some other in the Kings behalf that he was taken in the County where he is so to be arraigned they shall be tryed by the Enquest who are to try the Murder or Felony and before the same Justice and if it be found that he was taken in the same County such forreign plea shall do him no advantage or benefit V. Stat. 27 H. 8.4 Murders and Robberies committed by Pyrats upon the Sea or in any other place where the Admiral pretends jurisdiction shall be inquired into tryed heard and determined in such Counties and places within the Realm as shall be limited by the Kings Commission in like manner as if such offences were done at Land And such Commissions being under the Great Seal shall be directed to the Lord Admiral his Lieutenant or Deputy and to three or four such others as the Lord Chancellor shall name VI. The said Commissioners or three of them have power to inquire of such offences by twelve lawful men of the County so limited in their Commission as if such offences were done at Land within the same County and every Indictment so found and presented shall be good in Law And such Order Process Judgment and Execution shall be used had done and made thereupon as against offenders for Murder or Felony done at Land Also the trial of such offences if they be denied shall be had by twelve men of the County limited in the said Commission as aforesaid and no challenge shall be had for the Hundred And such as shall be convict of such offences shall suffer death without benefit of Clergy and forfeit lands and goods as in case of Felonies and Murders done at land VII This Act shall not prejudice any person or persons urged by necessity for taking Victuals Cables Ropes Anchors or Sails out of another Ship that may spare them so as they either pay ready money or money-worth for them or give a Bill for the payment thereof viz. if they be taken on this side the Straits of Moroâ—ke within four months but if beyond within twelve months VIII When any such Commission shall be sent to any place within the Jurisdiction of the Cinque-Ports it shall be directed to the Warden of the said Ports or his Deputy with three or four such other persons as the Lord Chanceller shall name And the Inquisition and Tryal of such offences there shall be made and had by the Inhabitants of the said Ports and the members of the same IX Stat 28 H. 8.15 This Act is verbatim the same with 27 H. 8.4 save only that it extends as well to Treasons and all other capital offences committed within the Admiral 's Jurisdiction as unto Felonies Robberies and Murders there done X. Stat. 33 H. 8.12 The manner of the Trial and punishment of Murder and Blood-shed within the Kings Court See the Statute at large XI Stat. 33 H. 8.23 If any person being examined before the Kings Council or any three of them upon any Treason misprision of treason or murder doth confess the same or by the said Council is vehemently suspected to be guilty thereof in this case the King shall direct Commission of Oâ—â—r and Terminer to such persons and into such County or place as he pleaseth for the speedy tryal conviction or deliverance of such offenders And here no challenge for the County or Hundred shall be allowed but a Juror may be challenged if he have not Freehold worth 40 s. per annum in this case also trial of a Peer shall be by his Peers XII Stat. 2 3. E. 6.24 Where any is feloniously stricken or poysoned in one County and dyeth of such stroke or poysoning in another County an Indictment thereof found by Jurors of the County where he dyes shall be as good in Law as if the stroke or
in London York and Coventry are excepted * XIII Stat. 25 H. 8.2 The prizes of victual in all places except Corporations shall be assessed by the Kings Councellors Justices of either Bench and some other great Officers For which see the Statute at large XIV Provided that Head-officers in Corporations and others having authority to prize victual may still assess the prizes thereof as if this Statute had not been made XV. No Corn Beefs Muttons Veals Porks or other victual shall be transported beyond Sea except for victualling of Ships and barrelled butter and meal to be earried into Island in pain to forfeit the value thereof to be divided betwixt the King and the prosecutor XVI Stat. 2 3 E. 6.15 Butchers Brewers Bakers Poulterers Cooks Costermongers or Fruiterers which conspire or promise together that they will not sell their victuals but at certain prizes shall forfeit for the first offence 10 l. to the King and if they pay it not within six dayes after conviction they shall suffer twenty dayes imprisonment and during that time shall have no sustenance but bread and water for the second offence they shall forfeit 20 l. and that not paid within six dayes as aforesaid shall suffer the pillory And for the third offence shall forfeit 40 l. and that not paid within the time above limited shall again suffer the Pillory lose one of their ears and be ever after taken as men infamous and not to be credited and if such conspiracy be acted by the major part of a Company of such victuallers their Corporation shall be thereupon dissolved XVII Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences * XVIII Stat. 1 2 P.M. 5. None shall transport beyond sea or into Scotland any corn or grain of English growth or malt made there or any beer butter cheese herring or wood without lawful authority in pain that the owner of the vessel in which they are so transported shall forfeit his vessel the owner of the said Commodity so transported the double value thereof and the Master and Marriners all their goods and suffer a years imprisonment without bail Neither shall any convey by any vessel any of the aforesaid commodities to any other Ship or Vessel to be transported in pain to incur the like forfeitures and penalties XIX The one moyety of the said forfeitures shall accrue to the King and Queen and the other to the prosecutor XX. In case the King and Queen their heirs or successors grant license to transport such commodities the licensed shall not transport more then the license allows in pain to forfeit the treble value thereof and to suffer a years imprisonment without bail And such license shall ship the said commodities at one and the same place in pain to forfeit all his goods and chattels to be divided as followeth viz. the one moyety to the King and Queen and the other to the prosecutor XXI Justices of the Peace have power to examine all offenders against this Act and to hear and determine by the oaths of 12 lawful men the offences committed against the same XXII Provided that when wheat shall not exceed the price of 6 s. 8 d. Rye of 4 s. and Barley of 3 s. 4 d. the quarter it shall be lawful to transport them notwithstanding this Act Neither shall this Statute impeach the necessary victualling of Ships or the Admirals Jurisdiction Howbeit as to the transportation of Corn this Statute hath since been divers times altered by sundry subsequent Acts viz. 13 El. 1 Jac. 25. and 21 Jac. 28. and last of all by 3 Car. 4. which see in Corn and so it stands at this day XXIII Stat. 21 Jac. 21. The Statute of 32 H. 8.41 together with other Statutes coneerning horse-bread is repealed XXIV Inholders and Hostlers shall make no horse-bread shall sell their hay provender and victuals at reasonable prizes and shall take nothing for litter XXV This Act shall not restrain those that dwell in a Thorow-fair which is no Market-town and wherein there is no Baker to make horse-bread according to the just assize XXVI Justices of Oyâ—r and Terminer Justices of Peace Sheriffs in turns and Stewards in Leets have power to hear and determine these offences XXVII If any Inholder or Hostler which hath power by this Act to make horse-bread observe not the Assize or if he or any other offend this Law in any other kind whatsoever for the first offence they shall be fined for the second suffer a months imprisonment without bail for the third be set upon the Pillory and for the sourth shall be fore-judged from ever keeping an Inne again View I. West 2.48 13 E. 1. View of Land shall not be granted but where it is necessary for example if one lose land by default and afterwards moveth for a Writ to demand the same Land or when one by an exception dilatory abateth a Writ after view had as by non-tenure misnaming of the Town or the like In these cases upon purchase of another Writ view shall not be granted if he had view in the first Writ so in a Writ of Dower when the Dower in demand is of Land which the husband aliened to the Tenant or his Ancestors whereof the Tenant ought not to be ignorant Here albeit the husband dyed not seised yet view shall not be granted to the tenant Also in a writ of entry which abated because the Demandant misnamed the entry here if the demandant purchase another Writ of Entry the tenant having had view in the first Writ shall not have it in the second Likewise in all Writs where Lands are demanded by reason of a Lease made by the demandant or his ancestor to the tenant himself being within age non compos mentis in prison or the like view shall not be granted but if the demise were made to his ancestor view shall lye as hath been heretofore used II. Stat. De visu terrae Essoin de servitio Domini Regis 12. E. 2. View shall be granted in a writ of ward of customs and services of Advowson of a Church viz. when there be more Churches then one in a Town and all of one Saint of Dower to be assigned and of Nuper obiit Villenage I. The Statute of Purveyors cap. 18. 25 E. 3. Notwithstanding adjournment made in Eyre by writ de libertate probanda purchased in favour of Villeins to delay their Lords in their Actions for such Villeins the Lord may in all Writs plead the exception of Villenage against them whether such Writ were purchased by deceit or otherwise The Lords also may seize their bodies as well as they might have done before such Writs de libertate probanda purchased II. Stat. 38 E. 3.17 No Writ shall be abated by exception of Cognizance of Villenage if the Demandant or Plaintiff will aver that the party alledging the exception was free the day of the Writ purchased
use confidence or trust of any such person or persons or body politick shall be deemed and adjudged to be in him or them that have such use confidence or trust of any such quality manner form and condition as they had before in or to the use confidence or trust that was in them IX When divers persons are so seised to the use confidence or trust of any of themselves they amongst them that have such use or trust shall likewise have the seisin estate and possession in such quality manner and condition as they had the use or trust X. Howbeit the right title c. of all other except of the persons so seised to any use or trust is saved and all former right title c. is also saved to them XI Where any be seised to any use or intent that another shall have a yearly rent out of the same lands Cestuy que use of the rent shall be deemed in the possession thereof of like estate as he or she had that use and shall distrain for non-payment of the said rent and make Avowries Conusances and Justifications and use all other remedies therein as if the said rent had been actually granted to such Cestuy que use XII Where an estate is made in possession or use to husband and wife and his heirs or the heirs of their two bodies or of one of their bodies or to them for their lives or for the wives life for her Joynture in any of these cases she shall not have dower Howbeit upon a lawful eviction of that Joynture she shall be endowed according to the rate of her husbands land whereof she was dowable XIII Such a Joynture being made after Marriage the wife after her husbands death may refuse it and betake her to her dower unless such Joynture be made by Act of Parliament XIV Provided that this Act shall not extinguish release discharge or suspend any Statute Recognizance or other bond by the execution of any estate setled by force of this Act. XV. All Wills and Testaments heretofore made or hereafter to be made before the first of May 1536. shall be good in law in such manner as they were commonly taken and used within 40 years before the making of this Act. XVI The King shall not take advantage by occasion of the executing of any estate by Authority of this Act before the first of May 1536. viz. by having or demanding any primer seisi◠livery Ouster le main fine for alienation relief or Herriot but after that time fines for alienations reliefs and herriots shall be paid to the King and also liveries and Ouster le mains shall be sued for uses trusts and confidences which shall be from thenceforth made and executed in possession by force of this Act neither shall any other Lord demand or take any fine relief or herriot by occasion of this Statute before the said first of May 1536. XVII This Act shall not be prejudicial to any person or persons born in Wales or the Marches thereof who have any estate to them executed by force of this Act in any lands in this Realm whereof any other person now stands seised to their use but such person or persons born there may lawfully have and keep all such lands by authority of this Act according to the tenor thereof ☞ Usury * I. Stat. 37 H. 8.9 None shall sell his wares or merchandize to any and within three months after buy the same again at a lesser price knowing them to be the same wares or buy any corrupt bargain of wares money or other thing or buy any Mortgage of land and take in gain for giving day of payment more then according to the rate of 10 l. per centum for one whole year in pain to forfeit the treble value of the profits of such lands mortgaged to be divided betwixt the King and the prosecutor and besides shall suffer imprisonment and make fine at the Kings will II. Stat. 13 El. 8. All Bonds Contracts and Assurances upon Usury in lending or doing any thing contrary to the Statute of 37 H. 8.9 shall be void and all Brokers and Soliciters thereof shall be adjudged and used as Counsellors Attorneys or Advocates in any case of Praemunire III. He that takes no more then after the rate of 10 l. per centum or less shall only forfeit the interest to be recovered and imployed as the forfeitures of 37 H. 8.9 IV. Justices of Oyer and Terminer of Assize and of Peace in their Circuits and Sessions and Mayors Sheriffs and Bailiffs of Cities have power to hear and determine all offences committed against 37 H. 8.9 V. The Statute of 37 H. 8.9 shall be construed largely and strongly against the party offending by any way or device directly or indirectly VI. This Act shall not extend to any allowances or payments for the finding of Orphans according to the ancient rates of London or of any other City where order is taken for their custody and goods as in London VII The offender against the Statute of 37 H. 8.9 may also be punished by the Ecclesiastical Laws VIII Stat. 21 Jac. 17. None shall upon any contract directly or indirectly take for the loan of any money or other commodities above the rate of 8 l. per centum for one whole year in pain to forfeit the treble value of the money or other things lent IX No Scrivener Broker or Solicitor shall take or receive directly or indirectly for Brokage above the rate of 5 s. for the loan of 100 l. for one whole year nor above 12 d. for making a Bond in pain to forfeit 20 l. to be divided betwixt the King and the prosecutor and also to to suffer six moneths imprisonment X. Stat. 12 Car. 2. cap. 13. None shall upon a contract directly or indirectly take for the loan of any money wares merchandises or other Commodities above the rate of 6 l. per Cent. for loan of a 100 l. for a year and so proportionably upon pain to forfeit treble the value of the money or other things lent XI No Scrivener Broker or Solicitor shall take or receive for brocage above the rate of 5 s. for the loan of 100 l. for a year nor above 12 d. for making a bond upon pain of forfeiture of 20 l. to be divided between the King and the prosecutor and to suffer half a years imprisonment Wager of Law I. Magna Cart. 28. 9 H. 3. NO Bailiff shall put any man to his open Law or to an oath upon his own bare saying without faithful witnesses brought in for the same II. Stat. 38 E. 3.5 Any man may wage his Law by sufficient people of his condition against Londoners papers and the Creditor shall take surety otherwise if he please but shall not put the party to plead to the Enquest unless he will so do of his own accord III. Stat. 5 H. 4.8 In Actions of debt upon the arrearages of an account feigning to the
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
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
Knight-service and other Lands in Soccage or of the nature of Soccage may give dispose or assure by will or otherwise by Act executed in his life two parts of the knight-service land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the soccage-land at his pleasure saving to such Lord for his custody and wardship so much of the knight-service land as shall amount to the yearly value of the third part thereof X. Every person having mannors lands c. holden of the King by Knight-service and not in chief or any mannors lands c. holden of the King by Knight-service and not in chief and other mannors lands c. holden of any other person by knight-service and also other mannors lands c. holden of any other person in soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by act executed in his life two parts of the said Knight-service-Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid and all the soccage-land at his will and pleasure Howbeit here also the custody and Wardship of so much of the said Knight-service mannors lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part XI Provided that all persons shall sue liveries for possessions reversions or remainders and pay reliefs and heriots as they did before the making of this Act. XII Fines for alienations shall be paid in Chancery upon Writs of entry in the Post for common recoveries suffered of any Mannors Lands c. holden of the King in chief in like manner as upon alienations of such Mannors Lands c. by fine or feoffment Howbeit no other fine shall be paid there for any such Writs but only such fines for alienation XIII Where two or more hold any Mannors Lands c. of the King by Knight-service joyntly to them and the heirs of one of them and he that hath the inheritance dyeth his heir being within age the King shall have the Ward and Marriage of such Heir the life of the freeholder or Freeholders notwithstanding saving to every Woman her Interest of Dower in such lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also to the King the reversions of all such tenants by joynt-tenure and Dower after the death of such tenants in case they happen to dye during the nonage of the Kings Ward XIV Stat. 34.35 H. 8.5 Where the Statute of 32 H. 8.1 mentioneth mannors lands c. of inheritance it shall be expounded and taken of estates in fee-simple XV. Every person having a sole estate in fee-simple or seized in co-parcenery or in common in fee-simple in any Mannors Lands tenements rents or other hereditaments in possession reversion or remainder and having no Mannors lands c. holden of the King or of any other by Knight-service may give dispose will or devise to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said mannors lands tenements rents and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure XVI Every person having such an estate or seized as aforesaid of or in any mannors lands rents c. in possession reversion or remainder or of or in any rents or services incident to any reversion or remainder holden of the King by Knight-service in chief or of the nature of Knight-service in chief may give dispose will or assign to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by an Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is two parts as well of all the said Mannors lands c. as of all other rents and hereditaments or of any of them or any rents commons profits or commodities out of or to be perceived of the same two parts or out of any parcel thereof in three parts to be divided or as much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided of what person or persons soever they be holden at his free will and pleasure XVII Such Will so declared shall be good for two parts of the said Mannors lands c. although it be made of the whole or more then the two parts thereof the said division to be made by the devisor or owner of the said Mannors lands c. by will in writing or otherwise in writing and in default thereof by Commission out of the Court of Wards upon inquiry of the true value thereof by the oaths of 12 men and upon return thereof in the same Court the division shall be made by the Master of the Wards if the said Master and parties cannot otherwise agree upon the division and the issues and profits of the two parts shall be restored to them that shall have right thereunto from the death of the owner or deviser XVIII Every person being seised solely in co-parcenery or in common as aforesaid of any mannors lands rents c. in possession reversion or remainder or of any â—ents or services incident to any reversion or remainder holden of the King by Knight-service and not in chief or of any other person by Knight-service may give dispose will or devise to any person except to bodies politick by his last Will and Testament in writing or by act executed in his life solely or joyntly as aforesaid two parts thereof or any rents common or profits to be perceived out of the same two parts or out of any part thereof c. And such Will shall be good for such two parts albeit it be made of the whole lands so holden or of more then the said two parts and shall also be good for all lands not holden in Knight-service and for all rents commons and other profits to be perceived out of the same XIX Here also the division of the third part is to be made as before where it concerns the Kings Interest but where it concerns other Lords the division shall be by Commission out of the Chancery if such Lords and the parties in the mean time cannot agree
thereupon XX. The savings in this Act and in that of 32 H. 8.1 of custody wardship relief and primer seisin to the King and of custody and wardship to other Lords shall be expounded thus That the King shall have for his full third part such mannors lands and tenements as shall descend as well in fee-tail as in fee-simple to the heir of the person that made such Will or disposition as aforesaid and that the will or gift of the two parts shall be good in Law albeit the will or gift be made of all the fee-simple lands or the more part thereof Howbeit if the King have not a full third part left him he shall take out of the two parts so much as shall make it up to be severed by commission as aforesaid and such advantage also is given to other Lords for their third parts and the like shall both the King and they do in case their third parts or any parcel of them be evicted from them or determined XXI A Pardon of alienation must be sued by those to whom lands are devised for which they shall pay a third part of the value of the lands holden in chief and this Act shall be sufficient warrant for the Lord Chancellor to grant such pardons under the Great Seal without further suit to be made to the King for the same XXII Wills or Testaments of mannors lands c. made by femes covert Infants Idiots or persons of non sane memory shall not be good in Law XXIII If any person or persons shall by will or act executed make any estate for years life or lives with one remainder over in see or with divers remainders over for term of life years or in tail with a remainder over in fee-simple or any other estates conditions mesnalties tenures or conveyances by fraud and covin to the intent to defraud the King of his Prerogative primer seisin livery relief wardship marriages or rights or any other Lords of their wardships reliefs heriots or other profits and such estates or other conveyances be found by office to be so made by covin fraud or deceit In this case the King shall enjoy his Prerogatives and profits aforesaid according to this and the said former Act notwithstanding such estates or conveyances until such office be annulled by traverse or otherwise Also other Lords shall have their remedy in such cases for their wardships by writ of right of ward and shall distrain and make avowry or conusance by themselves or their Bailiffs for their reliefs heriots and other profits as if no such estate had been made Howbeit the right and title of the donees feoffees lessees and devisees thereof against the devisors and his heirs after the interest of the King and other Lords determined are saved XXIV Provided that every person from whom the King or other Lord shall take any mannors lands c. for their third part or to make it up may have relief in Chancery against every person who shall be intituled by any such will or gift to the other two parts to have such contribution for the same as the Lord Chancellor or Keeper shall think convenient VVines I. The Statute of Glocester 15.6 E. 1. The Mayor and Bailiffs now Sheriffs of London before the coming of the Barons which should be at their rising after Candlemas term as appears by the 14. Chapter of this Statute shall inquire of Wine sold against the Assize and shall present it before them at their coming and then they shall be amerced whereas they were wont to tarry until the coming of the Justices Obsolete * II. Stat. 4. E. 3.12 None shall sell Wines but at a reasonable price according to the price at the Ports from whence they come and the expence of their carriage to the places where they are sold Tryal shall be made of such Wines twice a year viz. at Easter and Michaelmas and Officers if need require by the Lords of Towns and their Bailiffs and likewise by Mayors and Bailiffs and all corrupt Wines shall be poured out and the vessel broken Also the Chancellor Treasurer Justices of the Benches and Justices of Assize shall have power to inquire of Mayors Bailiffs and Ministers of Towns that do not observe this Ordinance and to punish them as reason requires * III. Stat. 27. E. 3. Stat. 1. cap. 5. No English Merchant shall forestal Gascoign Wines nor buy them of any Gascoign or other to pay in England for any greater price then they are commonly sold at in Gascoign because of Prest peril of the Sea and by any other colour in pain of life and member and to forfeit their Wines Goods and Chattels to the King and their lands to the chief Lords But here the felony and forfeiture of laws are repealed by 37 E. 3.16 Ob. IV. Cap. 6. Gascoign Merchants and other strangers may bring their Wines to what Port of England they please so as the Kings Butler may make purveyance for Wines of Aliens making payment for them within 40 days Ob. V. Cap. 7. No English Merchant shall buy Wines in Gascoign before the Vintage Nor then but at Burdeaux and Bayon upon the pain mentioned in the 5th Chapter Put that as to the sâ— loâ—y and forseiture of Lands is repealed by 37 E. 3.16 as aforesaid Obsolete * VI. Stat. 37. E. 3.16 The felony and forfeiture of lands inflicted by 27 E. 3.5 7. are repealed and inquiry shall be yearly made within the Kings dominions in Gascoigne of Couchers of England who lie there to buy Wines Obsolete VII Stat. 38. E. 3.10 A confirmation of the Statutes made for wines Obsolete VIII Stat. 38. E. 3.11 All Merchants Denizens that be not Artificers may go into Gascoign to fetch wines and Aliens may bring wines into this Realm IX Stat. 43 E. 3.2 English Irish and Welsh-men being not Artificers may fetch wine in Gascoigne so as they find sureties to buy 100 Tun of their own goods and to bring the same into England Ireland or Wales X. Stat. 6. R. 2. Stat. 1.7 Sweet wines shall be sold in England at the price that Gascoign and Rhenish wines are sold for and not above in pain to forfeit the same XI Stat. 23 H. 6.18 No new impositions shall be laid upon them that buy wines in Gascoign and Guienne by any of the Kings Officers in those parts in pain of 20 l. and treble damages Obsolete * XII Stat 28. H. 8.14 The Lord Chancellor Treasurer President of the Council Privy Seal and the two chief Justices or five four or three of them have power at their discretions to set the prices of all kinds of wines viz. of the But Tun Pipe Hogshead Puncheon Tierce Barrel or Runlet when they shall be sold in grosse so as they cause the prices so set to be written and openly proclaimed in Chancery in the Term-time or else in the City Burrough or town where any such wines are sold in grosse XIII None shall sell wine