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A39466 An exact abridgment of all statutes in force and use from the beginning of Magna Carta until 1641 / by Edm. Wingate of Grayes-Inne, Esq. ; with a continuation, under their proper titles, of all acts in force and use, untill the year 1666, and alphabetically digested under apt titles ; whereto is annexed four tables directing to the several matters and clauses throughout the said statutes.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656.; Manby, Thomas, of Lincolns-Inn. 1666 (1666) Wing E906; ESTC R33346 579,794 810

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Huntingdon leading from London to York and into Lincolnshire and for gathering a certain Toll for the same viz. for Hertfordshire at Wades Mill for Cambridge at Caxton and for Huntingdonshire at Stilton and not elsewhere vid. the Act. LXI Stat. 16 17 Car. 2. An Act for continuance of a former Act for repairing the High-ways within the County of Hertford for 21 years from the time mentioned in the said Act. ☞ Holy-days and Fasting-days I. Stat. 2 3 E. 6.19 An Act prohibiting flesh to be eaten on fish-days But see a greater penalty inflicted 5 E. 5. Infra in Ships II. Stat. 5 6 E. 3.3 Holy-days and Fasting-days are appointed But 1 M. Parl. 1. Cap. 2. this Act is repealed And afterwards by 1 Jac. 25. 1 M. is repealed and therefore Quaere whether it be now in force unless it had been revived by special words III. Stat. 1 Car. 1. All concourse of people out of their own Parishes for any pastime whatsoever as also Bear-baitings Bull-baitings Enterludes Common-plays and all other unlawful pastimes are prohibited on the Lord's-day IV. The Offender against this law being thereof convicted by the view of one Justice of Peace in the Countrey or by a chief Officer in a Corporation or by his own confession or by the oath of one witness before one such Justice or Officer shall forfeit 3 s. 4 d. to the use of the poor where the offence is committed to be levied by distress and sale of goods upon warrant from the same Justice or Officer by the Constables or Churchwardens of the same Parish and in case no distress can be had the Offendor shall sit in the stocks 3 hours but this offence ought to be prosecuted within one moneth after it shall be committed And if the Officer be questioned he shall plead the general issue and yet give special matter in evidence * V. Stat. 3 Car. 1. No Carier with his Horse Waggoner with his Wagon Car-man with his Cart Wain-man with his Wain or Drover with his Cattel shall travel upon the Lord's-day in pain to forfeit 20 s. for every such offence VI. No Butcher shall kill or sell any victual upon the same day in pain of 6 s. 8 d. * VII Here the conviction of the Offender and the levying and imployment of the forfeitures are the same with those of the former Statute save onely that here two witnesses are necessary and the forfeitures may also be recovered by a prosecutor in the Sessions of the County or Corporation where the offence was committed and in that case the Justice or Head-Officer may allow the prosecutor part of the forfeitures but not above a third part VIII This Action shall be prosecuted within six moneths and here also the Officer may plead the general issue Homage and Fealty I. Stat. 17 E. 2. When a Free-man doth homage to his Lord of whom he holdeth in chief he shall hold his hands between the hands of his Lord and say thus I become your man from this time forth for life for member and for worldly honour and shall ow you my faith for the lands that I hold of you saving the faith that I ow unto our Lord the King and to mine other Lords II. When a Free-man doth fealty to his Lord he shall hold his right hand upon a Book and shall say thus Hear you my Lord R. that I P. will be to you both faithful and true and shall ow my fidelity unto you for the Land that I hold of you and lawfully shall do such customs and services as my duty is to you at all terms assigned so help me God and all his Saints III. When a Villain shall do fealty unto his Lord he shall hold his right hand over the Book and say thus Hear you my Lord A. that I B. from this day forth unto you shall be true and faithful and shall ow you fealty for the Land I hold of you in Villenage and shall be justified by you in body and goods so help me God and all his Saints Honours I. Stat. 31 H. 8.5 An Act for the making of the Mannor of Hampton-Court with divers Mannors and Lands thereunto annexed an Honour and the King shall have a free Chase and Warren there also the offenders there shall be punishable as in any other Forest or Chase all which are to be in the survey of the Court of Augmentations and Shipton is annexed unto the Dutchy of Cornwal in lieu of Bifleet and Weibridge taken away by this Act from the said Dutchy II. Stat. 33 H. 8.37 An Act for the making of the Mannor of Amphthil in Com. Bed an Honour and for annexing divers lands in Com. Bed and Buck. to the said Honour with other Articles concerning that Mannor which said lands are appointed to the survey of the Court of Augmentations III. Stat. 33 H. 8.38 The like for the Mannor of Grafton in Com. North. See the Statutes at large Hops * I. Stat. 1 Jac. 18. None shall bring or cause to be brought into this Realm from forein parts any hops deceitfully mixt with any soil whatsoever in pain to forfeit the hops so brought in neither shall any buy such hops so brought in or growing within the Realm and imploy them in brewing in pain to forfeit the value thereof which said forfeitures shall be divided betwixt the King and the prosecutor Horners * I. Stat. 4 E. 4.8 No stranger shall buy any English horns unwrought gathered or growing in London or within 24 miles thereof The Wardens of Horners in London may search all ware belonging to their Mystery in London and within 24 miles thereof And in Sturbridge and Ely Fairs See the Statute at large But note that this Statute is repealed by 1 Jac. 25. Howbeit it is recited in part revived by 7 Jac. 14. as followeth II. Stat. 7 Jac. 14. The Act of 4 E. 4.8 and every part thereof except power of search in the Fairs of Sturbridge and Ely and the limitation of such prices for horns as they were to be had for at the making of the said Act shall be revived and be of like force as if it had been repealed by 1 Jac. 25. III. None shall sell English horns unwrought to any stranger nor send any such horns beyond Sea in pain to forfeit the double value thereof to be divided betwixt the King and the prosecutor ☞ Horses Mares and Cattel * I. Stat. 20 R. 2.5 None shall take the horse or beast of any to serve the King without the owner's consent or sufficient warrant in pain to be imprisoned until he recompence the party grieved * II. Stat. 11 H. 7.13 None shall convey any horse out of the Realm without the King's licence in pain to forfeit the same nor any Mare above the value of 6 s. 8 d. in pain to forfeit her the owner thereof receiving 6 s. 8 d. for her at the time of the seisure otherwise that also is to be forfeited and here the Mare
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
be of as good force as the orignal record it self CLIX. The Justices Clerks may write out and enroll the said Records but shall not carry them out of their offices CLX No Fine or Recovery heretofore levied or suffered shall after exemplification be amended CLXI This Act shall not prejudice the heirs of Sir Edward Gray Knight Lord Powis or Sir Edward Herbert Knight his heirs or assigns or Henry Vernor or John Vernor Esquires their heirs or assigns concerning any fine levied or recovery suffered by or against the said Lord Powis of Lands in the County of Mountgomery Nor to Henry now Earl of Kent concerning any lands in Wales whereunto he pretends title Walsingham I. Stat. 35 H. 8.13 The Demesne Lands in Walsingham belonging to the late Priory there may be let by Copy and shall hereafter be Copyholds Wapping-Marsh I. Stat. 35 H. 8.9 An Act for the Partition of Wapping-Marsh Wards I. Magna Charta 3. 9 H. 8.9 The Lord shall take homage of the heir within age before he have the Wardship and such heir after he hath been in ward shall at his full age of 21 years have his Inheritance without relief or fine and if the heir within age be made a Knight yet his Land shall remain in Ward untill his full age aforesaid II. Magna Charta 6. 9 H. 3. Heirs shall be married without disparagement III. Magna Charta 27. 9 H. 3. If any hold of the King by Fee-farm Soccage or Burgage and holdeth lands of another by Knight-service the King shall not have the custody either of the heir or land by reason of the tenures in Fee-farm Soccage or Burgage Neither shall he have the custody of such Fee-farm Soccage or Burgage except Knight-service be due to him out of such Fee-farm Also by reason of petty Serjeancy viz. to pay a Knife Arrow or the like the King shall not have the custody either of the heir or land IV. Merton 6. 20 H. 3. Where heirs are led away and withholden or married by their Parents and others with force against the Peace if a Lay-man be convict thereof he shall render to the party the value of the marriage and remain in prison until he hath satisfied the same if the child be married and besides until he hath satisfied the King for the trespass Howbeit this is to be understood of an heir within age of 14 years V. If an heir 14 years old or above marry himself without licence of his Lord to defraud him of the marriage and his Lord offer him reasonable and convenient marriage without disparagement the Lord shall retain the Land beyond the term of his full age until he may receive the double value of the marriage according to the estimation of lawful men or as was offered him before without fraud or collusion and as it may be proved in the Kings Court. VI. If Lords marry their heirs to Villains Burgesses or others whereby they are disparaged such heir being then within the age of 14 years In this case upon complaint of the Wards friends the Lord shall lose his Wardship and the profits thereof shall be by friends converted to the use of the heir But if it be 14 years old or above and consent to such marriage no pain shall insue VII Merton 7. 20 H. 3. If an heir of what age soever he be will not marry at the request of his Lord he shall not be compelled thereunto But when he is of full age he shall pay his Lord before he receive his land as much as any would have given the Lord for the marriage And that whether the heir will marry himself or not for of right the marriage of the heir within age pertaineth to the Lord. VIII Marlbr 6. 52 H. 3. Where any enfeoff their eldest sons and heirs within age of the Inheritance with purpose to defraud the Lords of their Wardships It is accorded that by occasion of any such Feoffment no chief Lord shall lose his Ward IX As for such as feign false Feoffments of their land which they would deliver out for term of years with purpose to defraud the chief Lords of their Wards in which Feoffments is contained that they are satisfied of the whole service due unto them until a certain time so as such Feoffees are bound at the said term to pay a certain sum to the value of the same lands or far above so that after the end of such term the land shall return to such Feoffors and their heirs because no man will be content to hold it at the price It is accorded that by such fraud no chief Lord shall lose his Ward Howbeit the Lords shall not disseize such Feoffees without judgment but shall have a Writ of Ejectione custodiae to recover the Ward And when by the witnesses to the Feoffment with other lawful men of the Country the value of the land and the quantity of the sum payable after the term it shall be tryed whether such Feoffments were made bona fide or by Collusion as aforesaid And if the chief Lords in such cases recover their Wards by judgment the Feoffees nevertheless may have their action to recover such term or fee which they had therein when the heirs come to their lawful age X. Where chief Lords maliciously implead such Feoffees feigning this ease when the Feoffments were made bona fide in such cases the Feoffees shall recover against the chief Lords their damages and costs and besides the Plaintiffs shall be punished by amerciament XI Marlbr 7. 52 H. 3. In a plea of Communi Custodia if the deforceors come not at the great distress that Writ shall be renewed twice or thrice at such terms as it may be done in within the half year following so as at every such time the writ may be read in open County if the deforceor be not found before and be there openly proclaimed that he may appear at the day limited and if he come not in to answer within the half year nor the Sheriff can take his body to answer before the Justices according to Law then as a Rebel and one that will not be justified he shall lose the seisin of the Ward saving to him at another time his Action if he have right to the same XII Howbeit where the Wardship belongs to the Guardian of Wards being within age and where Guardians demand a Wardship which belongeth to the heir such heirs within age shall not lose their inheritance by the negligence of their Guardians as in the case aforesaid but in such cases the Common Law shall run as hath been accustomed XIII Marlb 17. 52 H. 3. Guardians in Soccage shall make no waste sale or destruction of the heirs inheritance but safely keep the same to the use of the heir and when he cometh to age shall answer him the issues thereof by a lawful accompt saving their reasonable costs Neither shall such Guardians sell the marriage of such heir but to his advantage and
373 374 375 Money Receivers of publike Moneys c. made accountable to the King 13 Car. 2. c. 3. 14 Car. 2. cap. 14. 13 Car. 2. c. 13. Page 3 4. Money None shall export more money then for his expences nor hide it in clothes c. Stat. of great money incerti temporis Page 382 383 Clipt money shall not passe Stat. of small money 20 E. 1. 19 H. 7.5 Page 384 386 None shall export money be it gold silver c. 9 Ed. 3.1 2 3 4 5 6 9 10 11. 2 H. 4.5 2 H. 6.6 Page 383 384 385 Money must not be impaired in weight nor alloy and so to do is treason 25 E. 3. Stat. 5.13 3 H. 5.6 2 H. 6.12 19 H. 7.5 Page 384 385 386 Counterfeiting of Money misprision of treason 14 El. 3. Page 387 Monopolies all Monopolies of what thing soever condemned as unlawful 21 Jac. 3. Page 387 388 Mortdancester a Writ of Mortdancester shall lie for an heir to recover his Land and where Marlb 16. Stat. of Glocest 6. 6 E. 1. Page 388 389 Mortmain What Lands aliened in Mortmain who shall enter thereon Glocest alias de Religiosis 7 Ed. 1. West 2.31 15 R. 2.5 23 H. 8.10 Page 389 390 To obtain Licence to amortize Lands what is necessary Ordinatio de perquirendis libertatibus 27 E. 1. Stat. of amortizing Lands 34 Ed. 1. the Stat. of Writs De Clero 3. 18 E. 3. Page 390 391 Mortuary what and what shall be taken in lieu of it 21 H. 8.6 Page 392 Murder and Manslaughter what shall be judged Murder and what Manslaughter Marlb 25. 52 H. 3. 3 H. 7.1 Pars inde Page 393 394 How the Coroner and his Jury shall view a murdered body to give sentence thereof 3 H. 7.1 ibid. Muster who may muster and levy Souldiers and who are bound to appear at a Muster 4 5 P. M. 3. Page 394 395 N. NOnage where prejudiciall and where not West 1. cap. 46. 3 E. 1. Stat. of Glocester cap. 2. 6 E. 1. Exposition of the Stat. of Glocester cap. 2. West 2. c. 40. 13 E. 1. Page 10 Naturalization or restoring to blood what hinders it 7 Jac. 2. Page 29 Newcastle upon Tyne All goods to be sold in the River of Tyne to be loaded only at New-castle and the Keels in the Port there by whom to be measured 9 H. 5.10 21 H. 8.18 Page 393 News Raisers of false news or lies their punishment West 1.33 3 Ed. 1. 2 R. 2. Stat. 1 5. 12 R. 2.11 Page 395 396 Nisi Prius what Justices of Nisi Prius are who shall be and their power in their places and Circuits West 2.30 de finibus levatis 27 E. 1.4 Stat. Ebor. 12 E. 2.3 4. 2 Ed. 3.16 4 Ed. 3.11 14 E. 3. Stat. 1.16 7 R. 2.7 14 H. 6.1 18 El. 12. Page 396 397 398 Non-plevin what Non-suit Non-tenure what and where 9 E. 3.2 2 H. 4.7 25 E. 3. Stat. 5.16 Page 398 399 Norwich What may be bought or sold in Norwich and what not 33 H. 8.16 1 E. 6.6 5 6 E. 6.24 1 2 P. M. 14. 39 El. 22. Page 399 400 Nusance a Writ of Nusance where it lieth and for what and against whom West 2.24 6 R. 2.3 Page 400 Night-walkers how they shall be punished 5 Ed. 3.14 Page 470 O. OAth of Supremacy what and where first made 1 El. 1. 5 El. 1. 13 El. 2. 23 El. 1. Page 110 ad 130 Obligations made to the King shall be in the nature of Statutes Staple 33 H. 8.39 Page 102 Ouster le main what and where it helps Stat. de Escaetoribus 29 E. 1. Artic. super Cart. 28 E. 1. cap. 19. 28 E. 3.4 Page 336 337 Oath the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Mayors and Bayliffs See Magna Charta Printed by Richard Tottle 1556. fol. 164 166. Page 400 Obligations what and where void 38 E. 3.4 Page 401 Odio atia what and where the Writ lies West 1.11 3 E. 1. ibid. Office and Officers who shall have the dispose and nominating thereof 12 R. 2.2 2 H. 6.10 Page 401 402 What persons shall not have their office during life 14 R. 2.10 17 R. 2.5 1 H. 4.13 4 H. 4.20 13 H. 4.5 2 H. 6.10 31 H. 6.5 ibid. Offices may not be bought or sold 5 6 E. 6.16 14 Car. 2. cap. 8. Page 402 409 Oyer and Terminer for what a Writ ad audiendum terminandum shall be granted West 2.29 13 E. 1. ibid. Who shall be Justices of Oyer and Terminer Stat. quod vocatur Ragman de Justiciariis assignatis 33 E. 1. 2 E. 3.2 ibid. Oyles by whom to be searched and not to be mixed 3 H. 8.14 Page 404 Ordinary his power in disposing goods West 2.19 18 E. 3.6.3 25 E. 3. Stat. 3.9 ibid. P. PRomoters of Suggestions must find sureties 37 E. 3. 18. 38 E. 3.9 pag. 5 Pasture admeasurement of pasture upon an overcharge how to be remedied West 2. c. 8. 13 E. 1. Page 7 Process Records c. when and how they may be amended and when not 14 E. 3.6 9 H. 5.4 4 H. 6.3 8 H. 6.12 15. Page 18 Parliament the punishment for an assault of any Member Parliament or their servant 5 H. 4.6 11 H. 6.11 Page 27 Pewter who shall try the goodness thereof 4 H. 8.7 33 H. 8.4 Page 48 49 Pleas Common Pleas where to be holden Magna Charta 11. 9 H. 3. Artic. super Cart. 4. 28 E. 1. Page 83 Pelts what and by whom to be made 5 El. 22. Page 89 Pope 't is Treason to obtain or put in ure a Bull from the Pope and a Praemunire to bring into England any Agnus Dei c. or other Popish Relique 13 El. 2. p. Page 114 Pipe Clerk thereof and Clerk of the Remembrance their duty 37 E. 3.4 Page 194 Pipowders Court its power and extent thereof 17 E. 4.2 Page 220 Parks and Ponds trespassers therein how punishable West 1. c. 20. 21 E. 1. Frdinatio Forestae 34 Ed. 1. c. 1 2 3 4 6 6. Page 246 247 Priests their incontinency by whom punishable 1 H. 1.7.4 Page 293 Painters who may not use the art of Painting and who may what is Painting c. 1 Jac. 20. Page 404 Palace the limits of the Kings Palace 28 Hen. 8.12 Page 405 Panell who shall array and return the Panels and when and before whom 42 E. 3.11 3 H. 8.12 ibid. Pardon where grantable and where not and how the offence pardoned must be specified Glocest 9. 6 Ed. 1 2 E. 3.2 10 E. 3.2 3. 14 E. 3. Stat. 1.15 27 E. 3. Stat. 1 2 13 R. 2.1 5 H. 4.2 21 Jac. 35. 12 Car. 2. cap. 11. Page 405 406 Parliament how oft to be holden who to appear there how Parliament men are to be paid how chosen Mirror of Justices cap. 1. Sect. 3. 4 E. 3.14 36 E. 3.10 5 E. 2. Stat. 2 4. 12 R. 2.12 7 H. 4.15 11 H. 4.1 1 H. 5.1
wager of Law c. shall be allowed CLXI The party offending against this Act shall be disabled to execute any employment in any Court of Justice and to exercise any Jurisdiction by the force of any Letters Patents from the King CLXII No new Court which may have the like power that the High Commission pretended to have shall be hereafter erected but all such jurisdictions and all acts sentences and decrees made by colour thereof shall be utterly void and of none effect Vid. Title Courts and Eccclesiastical Jurisdiction n. 1.11 c. Cui in vitâ I. West 2.3 13 E. 2. A Writ of Entry called Cui in vita is given to the wife for the recovery of her land lost by the default of the husband in his life time and in his life time also she shall be admitted to defend her right if she come in before judgment II. The like priviledge is given to the Reversioner where the tenant in Dower by the Courtysie for life or by gift doth lose by default or will yeild up the land ☞ Customs Customers and Controllers I. Stat. 14 E. 3.21 A mark shall be the Custom of a Sack of wool and of woolfels and leather the old custom II. A Sack of wooll shall contain 26 stone and each stone 14 pounds and for every sack of wooll exported four nobles worth of silver plate shall be imported and brought to the King's exchange where the party shall receive his mony for his plate III. Wools shall not be cocketed but in the name of the right owner in pain to forfeit the same IV. Stat. 14 R. 2.10 No Customer or Controuler shall have any Ships of his own nor meddle with the freight of Ships V. Stat. 4 H. 4.20 Every Customer upon his account shall be sworn to render a true account to the King VI. Stat. 11 H. 4.2 None that holdeth a common Hostery shall be a Customer Controuler Finder or Searcher VII Stat. 3 H. 6.3 No Customer Collector or Controuler shall conceal Customs duely entred and paid in pain to forfeit the treble value of Merchandize so customed and to make fine and ransom to the King of which penalties the profecutor shall have a third part VIII Stat. 11 H. 6.15 Every Customer and Controuler shall deliver to the Merchant a warrant under the Seal of their Office of the Merchandize to them shewed without fee in pain to be subject to be sued by the Merchants and to forfeit for every such default 10 l. to the King and 5. to the Merchant IX Stat. 20 H. 6.4 Merchant Denizons that transport any Wooll Woolfels or Tin to any other place then the Staple shall pay such custom and other duties for the same as Merchants Aliens pay X. This Statute shall not prohibit such as have the King's licence to transport those commodities to other places then Calice where it seems the Staple then was XI Stat. 20 H. 6.5 No Customer Controuler Searcher Surveyor of Searchers or their Clarks Deputies Ministers Factors or servants shall have any Ship of their own use Merchandise keep a Wharf Inn or Tavern or be a Factor Attorney or Host to a Merchant in pain of 40 l. to be divided betwixt the King and the Prosecutor XII Stat. 1 H. 7.2 Aliens made Denizons shall pay such customs and subsidies as they did before they were made Denizons XIII Stat. 3 H. 7.7 Every Merchant that importing any goods into this Realm entring the same with the Customer of the Port where he lands and paying there all duties is minded to transport them to some other Port shall obtain a Certificate under the Customers Seals expressing the nature colour length value content or weight of such goods to be directed and delivered to the Customers of the Port where they are to be conveyed before they be discharged in pain to forfeit the said goods to be divided betwixt the King and the Prosecutor And the Customers are to make a true Certificate thereof in pain to forfeit their Offices and make fine at the King's pleasure XIV No Merchant Denizon or Stranger shall make entry of any goods in the Customer's books but onely in the name of the right owner in pain to forfeit the same suffer imprisonment and make fine at the King's pleasure XV. None shall take upon him to be a Customer Controuler or Searcher in any City Borough or Town while he is a common Officer or Deputy to a common Officer there in pain to forfeit 40 l. for every six moneths he so executes them together to be divided betwixt the King and the prosecutor XVI Stat. 11 H. 7.6 The Custome and Subsidy of all woollen clothes to be carried beyond Sea wheresoever they were packed shall be paid to the Customers of the Port where they shall be shipped or to their Deputies XVII Stat. 11 H. 7.14 Merchants Strangers though made Denizons shall pay such Customs and Subsidies as they should have paid if they had not been made Denizons XVIII Stat. 1 H. 8.5 The Branch of the Statute of 3 H. 7.7 concerning the entry of goods in another's name is repealed because it seemed to extend as well to Englishmen as strangers XIX Any Englishman and other Subject of the King 's may custom in his own name the goods of another Englishman or Subject XX. Every Merchant-stranger may custom in his own name the goods of another Merchant-stranger so that such Merchant-stranger and also the owner of the goods be charged with like custom XXI He that so customs goods that the King thereby loseth his custom or other duties shall forfeit the goods to the King and as much to the party grieved as the goods are worth XXII None free of the Prizage or Butlerage of Wines shall custome any Wines of another not free thereof in pain to forfeit the double value of the Wine so customed XXIII An Action of Debt is given to the party grieved against him that customs goods in his own name when they are another man's to recover the value of the goods so customed XXIV Stat. 4 H. 8.6 No Collector or Controuler of the Subsidy of Cloth of Gold Silver Bandekin Velvet Damask Sattin Sarsenet Tartron Chamlet or other Cloth of Silk shall take any thing for sealing the same in pain to forfeit 20 l. for every time XXV The Collector or Controuler shall not delay the Merchant in sealing such Merchandize in pain of 40 s. to be divided betwixt the King and the Merchant grieved XXVI Stat. 2. 3 E. 6.22 If any offend contrary to the Statute of 1 H. 8.5 they shall forfeit all their goods and chattels to be divided betwixt the King and the prosecutor if the Action be prosecuted within three years XXVII Stat. 12 Car. 2. ca. 4. A Subsidy of Tunnage and Poundage granted to the King for life upon the cause and trust of guarding and defending the Seas and intercourse of trade viz. Tunnage 1. Every Tun of French wine brought into the Port of London by
a net or Tramel of two inches and an half meshe in pain to forfeit 20 s. the Fish so wrongfully taken and the net or engine wrongfully used XXXVII All persons having jurisdiction of Conservancy upon streams or waters and Lords of Leets have power upon the oaths of twelve men to hear and determine these offences and shall have all the forfeitures which accrue thereupon XXXVIII The Steward of a Leet shall give this Statute in charge to the Jury in pain of 40 s. to be divided betwixt the Queen and the Informer XXXIX Here if the Jury wilfully forbear to present offences of this kind the Steward or Bayliff shall impanel another Jury to inquire of their default which being found the first Jury shall forfeit 20 s. apiece XL. Upon default of presentment in Leets within one year Justices of Peace in Sessions Justices of Oyer and Terminer and Justices of Assize in Circuits have power to hear and determine the said offences XLI This Act shall not restrain the taking of Smelts Loches Mineis Bull-heads Gudgeons or Eels with Nets or Engines formerly used so that no other Fish be taken therwith nor shall extend to abridge any former priviledge of conservancy lawfully enjoyed or Fishing in Tweed Uske or Wye or in waters set to farm by the Queen so that the spawn or frie of Fish be not therein wilfully destroyed * XLII Stat. 5 El. 21. None shall unlawfully break down Fishpond-heads or Fish there without licence of the owner or enter into any Charter-Park Woods or other grounds and their kill or chase the Deer or take any Hawks or Hawks eggs in pain to suffer three moneths imprisonment and to be bound with good sureties to the good behaviour for seven years after XLIII The party grieved shall in Sessions or elsewhere recover treble damages against the Delinquent and upon satisfaction shall have liberty to procure his release of the behaviour ☞ XLIV Justices of Oyer and Terminer Assize Peace and Gaol-delivery in Sessions have power to hear and determine these offences XLV Justices of Peace upon the offenders acknowledgment in Sessions and satisfaction to the party grieved shall have power to release the behaviour XLVI Stat. 1 Jac. 23. In the Counties of Some set Devon and Cornwall it shall be lawful for Huors of Fish to go upon any man's ground near the Sea-coast to discover Fish and for Fishermen to dry their seames and nets there without danger of committing trespass * XLVII Stat. 3. Jac. 12. None shall erect a Wear or Wears along the Sea-shore or in any Haven or Creek or within 5 miles of the mouth of any Haven or Creek or shall willingly destroy the spawn or sry of Fish in pain of 10 l. to be divided betwixt the King and the prosecutor neither shall any Fish in any of the said places with any net of a less meshe then 3 inches and an half betwixt knot and knot except for the taking of smoulds in Norfolk onely or with a Canvas net or other engine whereby the spawn or fry of Fish may be destroyed in pain to forfeit the said net or engine and 10 s. in money to be divided betwixt the poor of the Parish and the prosecutor and to be levied in Corporations by the Head-officers ☞ and in other places by distress and sale of goods upon a warrant of a Justice of Peace directed unto the Constables and Church-wardens of the same Parish for that purpose XLVIII Stat. 14 Car. 2. cap. 28. For encouragement of Fishing and preventing the disorder and abuses in draining nets and unlawful engins It is enacted That none shall in any year from the first of June till the last of November take any Fish in the Sea in Cornwall or Devon with any trammel driff-net or stream-net or nets of that sort unless it be at a league and halfs distance from the shore on penalty of forfeiture of the nets or the value thereof and one moneths imprisonment without bail XLIX None but Owners Partners or Adventurers in the Craft of Fishery shall make any Pilchards or Fumathoes in casks to be sold or transported except they openly buy them of the Owners or Adventurers in the Pilchard Craft upon pain of forfeiture of the same one half to the King and the other half to any such as shall sue for the same L. None shall hide or purloyn or carry away or sell any Pilchard Fish out of any Net Boats or sellers without allowance of the Owner and major part of the company upon pain of treble damages to the party vronged and being sent to the house of Correction for 3 moneths LI. Idle and suspicious persons shall not flock together about the Boats Nets or sellars of Pilchards catchers upon any the coast of Cornwall and Devon having no business there and being warned by the Company or Owners to be gone upon every person refusing to depart upon complaint to any Justice of the Peace shall pay 5 s. to the poor of the parish where such offence shall be committed or be set in the Stocks five houres LII Stat. 15 Car. 2. cap 16. Stat. 3. An Act for regulating the Hering and other Fishers and the Act at large ☞ Flax and Hemp. I. Stat. 33 H. 8.17 None shall water any Hemp or Flax in any River Running-water Stream Brook or common Pond where beasts be used to be watered but onely upon the ground in pits ordained for that purpose or in their own several Ponds in pain of 20 s. to be divided betwixt the King and the party grieved or other prosecutor Fools Lunaticks and Mad-men I. Prerog Reg. 9. 17 E. 2. The King shall have the custody of the lands of natural fools taking the profits thereof without wast and finding them necessaries of whose fee soever the lands be holden and after the death of such Idiots shall render them to the right heir so that the lands shall not be sold nor the heir disinherited II. Prerog Reg. 10. 17 E. 2. The King shall provide that the lands of Lunaticks be safely kept without waste and they and their families if they have any shall be maintained with the profits thereof and that the residue be kept for their use and be delivered unto them when they come to right minde so that the Lands shall not be aliened neither shall the King have any profit thereof to his own use but if they die in such estate the residue shall be distributed for their souls by the advice of the Ordinary ☞ Forcible Entry * I. Stat. 5 R. 2.7 None shall enter into lands or tenements by force in pain of imprisonment and ransom at the King's pleafure II. Stat. 15 R. 2.2 When forcible entry is made into lands or Church livings one or more Justices of Peace taking sufficient power and going to the place so kept by force may commit the offender to the next Gaol there to remain convict by the Justices Record till he hath made fine and ransom to
shall receive and allow the same also all deeds and obligations made to the King's use which concern the said lands may be there inrolled without fee. XXXVI Provided that the King's Officers may keep Court within the Verge and his Clerk of the Market and none other execute his office there notwithstanding any grant c. Neither shall this act be prejudicial to the City of London XXXVII The lands of the late Monastery of Furnes and of the late Monasteries and Priories of Cartmele Coningshed Barstrough and Holland and the Liberties and Franchises belonging thereunto shall be in the Government of the Officers of the Dutchy of Lancaster and the Officers of those liberties shall be liable to accompt as other Officers of the Dutchy have used to be they shall also be attendant on the King's Courts and the Sheriff and other officers are prohibited to intromit into those Liberties XXXVIII This act shall not annul or diminish any of the liberties belonging to the said Dutchy or to the five Forts or the members thereof XXXIX The Petition of Right 3 Car. None shall be compelled to make or yield any gift loan benevolence tax or such like charge without consent by Act of Parliament nor upon refusal so to do shall be called to make answer take any oath not warranted by Law give attendance or be confined or otherwise molested concerning the same or for refusall thereof Neither shall any Free-man be imprisoned or detained without cause shewed XL. The subject shall not be burthened by the quarter of Souldiers or Marriners and all Commissions for proceeding by Martial Law shall be annulled neither shall any of like nature be issued out hereafter lest the subject by colour thereof be destroyed or put to death contrary to the Laws and Franchise of the Land XLI What hath been done to the prejudice of the Subject in any of the premisses shall not hereafter be drawn into consequence of example and the King declares his pleasure to be that in the things aforesaid all his Officers and Ministers shall serve him according to the Laws and Statutes of the Realm ☞ Fraudulent Conveyances I. Stat. 50 E. 3.6 Fraudulent assurances of lands or goods to deceive Creditors shall be void and the Creditors shall have execution thereof as if no such gift had been made * II. Stat. 13 El. 5. All fraudulent Conveyances of lands tenements hereditaments goods or chattels and all such bonds suits judgments and executions made to avoid the debt or duty of others shall as against the party onely whose debt or duty is so endeavoured to be avoided their heirs successors executors or assigns be utterly void any pretence feigned Consideration or c. notwithstanding III. Every of the parties to such a fraudulent conveyance bond suit judgment or execution who being privy thereunto shall wittingly justifie the same to be done bonâ fide and upon good consideration or shall alien and assign any lands lease or goods so to them conveyed as aforesaid shall forfeit one years value of the lands lease rent common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous bond and being thereof convicted shall suffer half a years imprisonment without bail And here the said forfeitures are to be divided betwixt the Queen and the party grieved IV. Common Recoveries against the tenants of the free-hold shall be good notwithstanding this Act. And so shall all estates made for the procuring of a Voucher in Formedon Neither shall this Act extend to grants made bonâ fide and upon good consideration to persons not privy to such Collusion V. Stat. 27 El. 4. Every conveyance grant charge incumbrance and limitation of use or uses of in or out of any lands or other hereditaments made to defraud any purchaser of the same in fee for tail for life or years shall as against such purchaser onely and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration VI. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bonâ fide and on good consideration to the disturbance or hinderance of the purchaser or of any other lawfully claiming from by or under him shall forfeit one years value of the lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail VII Conveyances made upon good consideration and bonâ fide shall be good notwithstanding this Act. VIII If lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the vendee and all others lawfully claiming from by or under him Howbeit no lawful mortgage made bonâ fide without fraud shall be impeached by this Act. IX All Statutes Merchant and of the Staple shall within six moneths after their acknowledgment be entred in the office of the Clerk of Recognizances taken according to the Stat. of 23 H. 8.6 and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more X. Every such Statute which is not within four moneths after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the lands chargeable therewith and against his heirs successors executors and assigns XI The said Clerk shall within the said six moneths make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be divided betwixt the Queen and the Prosecutor XII The Clerk shall take for the search of a Statute but 2 d. for every years search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by action of debt c. XIII Provided that this Act shall not extend to make good any purchase made void by reason of any former conveyance so as the party so making void the same his heirs or assignes were the first day of this Parliament in actual possession of the lands out of which any such Purchase Lease Charge or Profit was made Free-hold I. Marlb Cap. 22. 52 H. 3. None shall distrain his free-holders to answer for their Free-holds or for any thing touching the same without the King 's Writ nor cause his Free-holders to swear against their wills for none may do that without the King's commandment II. Stat. 15 R.
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
commodities without having them taken from them against their will upon any colour whatsoever XV. If any Officer or other offend against this Law he shall be arrested by the Head-Officer of the place if it be out of the Staple and if within the Staple then by the Major and Ministers of the Staple and shall be speedily proceeded against according to the Staple Law and not at the Common Law and being attainted thereof shall answer double damages to the party grieved and as much to the King XVI All Commissions made or to be made to take such prices of Merchants shall be void XVII Stat. 27 E. 3. Stat 2.3 All Merchants may buy Merchandise of the Staple so as they bring them to the Staple XVIII It shall be felony for an English Welsh or Irish man to transport Wool Leather Woolfels or Lead XIX No English VVelsh or Irish man shall transport Wool Leather Woolfels or Lead in a strangers name or keep a servant beyond Sea to survey the sale thereof or to receive mony there for the same XX. There shall be no Exchange of wares for Merchandize of the Staple but payment in gold silver or English VVelsh or Irish merchandize neither shall any Merchants make any confederacy in fraud or deceit of this Ordinance and all this upon the pains aforesaid XXI Every man may carry his own Wooll Leather Woolfels and Lead to the Staple to sell them there howbeit he shall then warrant the packing of his wools XXII Stat. 27 E. 3. Stat. 2.11 All Merchants may freely sell their merchandize at the Staple by gross or by retail without challenge or impeachment but it shall be felony to forestal buy or give earnest for any merchandize before they come to the Staple or Port or to enter the Ship for that purpose XXIII Stat. 27 E. 3. Stat. 2.13 If a Merchant lose his goods at Sea by Piracy or Tempest not being wreck and they afterwards come to land if he can make proof that they are his goods they shall be restored to him in places guildable by the King's Officers and 6 men of the Country and in other places by the Lords there or their Officers and 6 men of the Country XXIV Stat. 27 E. 3. Stat. 2.17 No Merchant shall be impleaded for another's trespass and debt whereof he is not debtor pledg nor main pernor Howbeit if any of this Realm indammaged by forein Lords or their subjects have not right done them Letters of Mart shall be granted to repair them XXV If any difference arise betwixt the King and any other forein Lord who hath Merchants here his subjects those Merchants shall have by Proclamation fourty dayes given them to depart and if for some just cause they cannot go so soon they shall have longer time given them until they may conveniently depart and shall in the mean time sell their Merchandize if they can XXVI Stat. 27 E. 3. Stat. 2.26 Merchant-Strangers upon letters of credence or their oath shall be believed concerning the content of their merchandize and shall pay 3 d. per libr. according to the content so testified and their goods shall be thereupon immediately delivered unto them without unsealing or opening them according to the Charter granted them by E. 1. and confirmed by this King and all this in pain that the Officer herein offending shall suffer imprisonment pay quadruple dammages to the party grieved and as much to the King And here the remedy shall be in Chancery XXVII Stat. 38 E. 1.2 Any Merchant may use more merchandize then one notwithstanding the Statute of 37 E. 3.5 and may buy sell and transport all kind of Merchandize paying the customs and subsidies due for the same wool and woolfels only excepted XXVIII Stat. 2 R. 2.1 Merchant strangers not enemies may buy and sell all things vendible within the Realm in gross or by retail except wines and great wares as cloth of gold and silver silk sandal napery cloth canvas and the like which are to be sold in gross or by whole pieces in pain of forfeiture thereof XXIX Here the priviledges of Prelates and Lords for purveyances and the things provided for by the Statute of the Staple of Calais are saved XXX Merchants may buy and sell in Fairs and Markets in gross or by retail notwithstanding this Statute XXXI Disturbers of Merchants against this Act being thereof attainted shall render double dammages suffer a years imprisonment and to be ransomed at the King's will XXXII If right be not done to the party grieved in a Frainchise it shall be seised into the King's hands if out of a Franchise the Lord or his Officer shall render to the party grieved double dammages XXXIII The Chancellor Treasurer Justices assigned to hold pleas and Justices assigned by special Commission shall hear and determine these offences XXXIV Stat. 5 R. 2. Stat. 2.1 Merchant strangers may come into this Realm continue here and depart at their pleasure without disturbance or impeachment of any and shall be friendly entertained and intreated of all XXXV Stat. 11 R. 2.7 The Statutes of 9 E. 3.1 and 25 E. 3. Stat. 4.2 are confirmed notwithstanding any Charter Proclamation Custom c. to the contrary XXXVI Stat. 14 R. 1.9 Merchants strangers shall be courteously intreated to the end they may be thereby the rather incouraged to come into this XXXVII Stat. 16 R. 2.1 No Merchant-stranger shall buy or sell within the Realm with another Merchant stranger to sell again nor shall sell any Merchandize by retail but victuals only wine he shall sell by whole vessels XXXVIII The Statutes of 9 E. 3.1 25 E. 3. Stat. 4.2 11 R. 2.7 are confirmed XXXIX Stat. 20 R. 2.4 The Statute of 28 E. 31. which see in Staple is confirmed notwithstanding any Ordinance or usage to the contrary XL. Stat. 4 H. 4.15 Merchants shall not export the money which they receive for Merchandize imported but shall bestow it upon merchandize of this Realm their reasonable costs excepted XLI Stat. 5 H. 4.7 Merchant-Strangers shall be used in this Realm as merchants Denizons be in other Countrys in pain that such Merchant-Strangers shall forfeit their goods and suffer imprisonment XLII Stat. 5 H. 4.9 Merchant-strangers shall give security to the King's Customers and Controllers to employ their money upon the Commodities of this Realm their reasonable costs excepted XLIII The Statute of 4 H. 15. is confirmed XLIV Merchant-strangers shall sell their Commodities within a quarter of a year next after their arrival and imploy the money received by exchange upon Commodities of this Realm in pain to forfeit the same money XLV No Merchant-stranger shall sell any Merchandize to another Merchant stranger in pain to forfeit the same XLVI The head-officer or officers of the Port where a Merchant-stranger shall arrive shall assign him an Host with whom he shall reside and the Host shall take for his pains as hath been accustomed XLVII Stat. 6 H. 4.4 The clause of the Statute of
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 th●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
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-●elivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrah●m Baker for making of Smalt nor to that of Edward Lord Dudl●y for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H i●s of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester ☞ Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
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
charge called a Benevolence or any such like exaction or imposition whatsoever and such impositions heretofore charged upon the Subject shall not be hereafter drawn into president or example VII Stat. 19 H. 7.8 No Mayor Sheriff Bayliff or other Officer shall distrain take or levy any custom called Scavage or Schevage of any Denizen for any Merchandize before truly customed nor for the payment thereof let or disturb any Merchant or other being Denizens to sell or utter the same Merchandize in pain of 20 l. to be divided betwixt the King and the party grieved or the prosecutor which of them will sue first for it VIII Howbeit the Mayor and Communalty of London may take so much money of Denizens for scavage as shall be found to be their right by the King and his Council IX Stat. 16 17 Car. 14. An Act for declaring unlawful and void the late proceedings touching Ship-money and for the vacating of all Records and Process concerning the same X. Stat. 16 and 17. Ca. 2. Ca. 1. A Royal Ayd of 4675000 l. granted to the King to be raised in three years And see title Excise per tot And for Hearth-money see title King numb 8. See Title Benevolence Templers I. Stat. De terris Templariorum 17 E. 2. Neither the King nor other Lords shall have by escheat the lands that were the Templers which Order was the dissolved but those lands shall remain to the Prior and Brethren of the Order of the Hospital of Saint Johns of Jerusalem which Order was then erected Tenure I. Magna Carta 10. None shall distrain for more service then is due II. Magna Carta 31. If a Baronie escheat to the King the Tenants that hold of the same not having other lands that hold of the King in chief shall pay like relief and do like services to the King after such escheat as they paid or did to their former Lords and not otherwise III. Magna Carta 32. No Freeman shall give or sell so much of his land that of the residue the Lord of the Fee may not have the services due to him IV. Quia Emptores terrarum 18 E. 1. In all Feoffments to one and his heirs the Feoffee shall hold his land of the chief Lord of the Fee by the same services that the Feoffor held before V. Here if the Feoffment be made of parcel he shall hold of the chief Lord pro particula according to the quantity of the land and the Feoffor shall be set free for that part VI. Howbeit by such sales or purchases of lands or any parcels thereof such lands shall not come into Mortmain contrary to the Statute thereof lately made Neither shall this Act be understood of any other then lands in Fee-simple VII Stat. 1. E. 3. Stat. 2.12 From henceforth lands holden of the King in chief and aliened without license shall not be forfeited but a reasonable fine shall be taken of such lands so aliened in Chancery by due Process VIII Stat. 1. E. 3. Stat. 2.15 Lands holden of the King as of some Honour shall not be taken into the Kings hands as if they were holden of the King in chief as of his Crown IX Stat 34 E. 3.15 All Alienations which the tenants of H. 3. and of other Kings before his time did make are confirmed X. Stat. 7 E. 4 5. Lands holden of a common person by Fealty Rent or other service coming to the Kings hands by attainder of Treason and being afterwards granted by the King to another shall be holden as if such attainder had not been XI Stat. 35 H. 8.14 The King at his pleasure upon the grant of any Abby-lands under the value of 40 s. per annum houses and gardens whereunto no lands appertain onely excepted may reserve either a Tenure by Knight-service in Capite or a Tenure in soccage or free-burgage and not in Capite with the yearly Rent of the tenth part of the annual value of the said lands as they shall be exprest in the said Grant to be yearly worth And of such houses also and gardens whereunto no lands appertain as aforesaid being none of the Kings Houses The like Tenures at his pleasure and a tenth part of the yearly value whether they be under or over the yearly value of 40 s. per annum XII Stat. 7 H. 8.20 All lands and other hereditaments not above the yearly value of 40 s. and all houses orchards yards and gardens whereunto no lands appertain being none of the Kings houses granted by the King since the 27th year of his Reign to any person or persons to hold of him by fealty only or by fealty only and not in Capite or in soccage or free-burgage or by fealty only in free and common soccage and not in Capite or by words to that effect Or to hold by fealty or by fealty onely and not in Capite as of one of the Kings Honours or Mannors or the like shall be adjudged and taken to be holden in soccage or burgage and not in Capite XIII The King within five years after the 1. of Novemb. in the 37th year of his Reign at his pleasure upon grants of lands or other hereditaments not rated at above 40 s. per annum houses gardens c. unto which no lands belong only excepted and of such houses gardens c. being not the Kings may reserve either a Tenure by Knight-service in Capite or else a Tenure by fealty or in soccage or burgage and not in Capite And all Tenures reserved since the 24. of April in the 25. year of the Kings Reign and to be reserved within the said five years by these words Et non in Capite shall be taken to be Tenures in soccage or burgage and not in Capite And the heir of the Grantee of any such lands houses c. may after the death of his Ancestor enter into any of the same lands houses c. without any livery or oustre le main or other fine or fines whatsoever to be paid to the King for the same XIV Stat. 1 E. 6.4 All such Honors Mannors Lands Tenements or Hereditaments which are holden of the King by Knight-service in soccage or otherwise as of any Dukedom Earldom Baronie or other Seignlorie being come to the King by attainder conviction outlawry dissolution or surrender shall not be taken to be holden in Capite XV. This Act shall not prejudice the Kings profit or advantage in respect of lands holden of him as of his person in chief or of his ancient possessions XVI Neither shall this Act give advantage to any Tenant of lands who hath heretofore sued any special or general livery or Oustre l●mai● out of the hands of the King or his progenitors or shall confess by matter of record any Tenure in chief to the King ☞ Tiles I. Stat. 17 E. 4.4 Tile earth shall be cast up before the first of November shired and turned before the first of February and not made into