shall make certificate thereof to the Justices to the end the fine may be lawfully levied according to the former Ordinance IX Neither the Barons of the Exchequer nor the Justices shall admit any Attorneys save onely in Pleas that pass before them neither shall any of their Clerks or servants so do and every admission otherwise shall be void X. The authority of the Chancellor and of the chief Justices for admitting Attorneys as hath been heretofore observed is saved XI Stat. 3 E. 34.16 The plea of Non claim of fines shall be no bar hereafter XII Stat. 38 E. 3. Stat. 1.3 Fines taken before the Justices shall be in the presence of the pledges who shall know the summ of their fine before they depart XIII Stat. 5 H. 4.14 To prevent the dammages that may happen by the embeziling of the feet and notes of fines all writs of Covenant and other writs whereupon fines are levied togethér with the Dedimus potestatem if any be and all knowledges and notes of the same before they be drawn out of the Common Bench by the Chirographer shall be recorded in a Roll to remain with the chief Clerk of that Court for the old fee of 22 pence usually paid to him for entring the Concord to the end that in case any notes or fines be embeziled the party may have recourse to the said Roll to have execution thereof XIV Stat. 1 R. 3.7 A fine shall after the ingrossing thereof be openly read and proclaimed in the Common Pleas the same term and there the three next terms after upon four several days and in the mean time all the Pleas shall cease XV. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year then also all Pleas shall cease XVI Another transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year and both the Justices of Assize and Peace shall make Certificate of such Proclamation made the second return of the term then next following XVII A fine so proclaimed and certified shall conclude all persons both Privies and Strangers except women covert other then such women as the parties to the fine persons under age in prison out of the Realm or not of sound mind if they pusue not their right title claim or interest by way of action or lawful entry within five years after the proclamation so made and certified as aforesaid XVIII The right of Strangers which happens to come unto them after the fine is ingrossed is saved so that they lawfully pursue their right or title within five years after it so comes to them and here an Action against the pernor of the profits is maintainable XIX If the parties to whom such right or title comes be covert under Age in prison out of the Land or not of sane memory they or their heirs have time to pursue their right or title within five years after such imperfections removed so also have they in case they had right of title at the time of the fine levied XX. Fines at the Common Law have the same force they had before and a fine may be levied according to this Statute or the Common-Law at the election of the parties XXI Stat. 4 H. 7.24 Every fine after the ingrossing shall be proclaimed in the Court the same term and the three next four several days in every term and in the mean time all Pleas shall cease XXII The Proclamations being so made the fine shall conclude all persons both privies and strangers except women covert persons under age in prison out of the Realm or of non-sane memory being not parties to the fine XXIII The right and interest that any person or persons other then parties hath or have at the time of the fine ingrossed is saved so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the Proclamations so made so also is the right and interest saved which accrues after the ingrossing of the fine so that the parties having the same pursue it within 5 years after it so accrues and in this case the Action may be brought against the Pernor of the prosits XIV If at the time of the fine ingrossed or of such accruer as aforesaid the persons be covert and no parties to the fine under age in prison out of the Realm or of non sane memory they or their heirs have time to pursue their Actions within 5 years after such imperfection removed XXV The exception that none of the parties nor any to their use had any thing in the lands at the time of the fine levied is saved to all persons except parties and privies XXVI Fines at the Common law have the same force they had before the making of this Act and a fine may be levied this way or at the Common law at the pleasure of the parties XXVII Stat. 32 H. 8.36 All fines levied by any person or persons of full age of lands intailed before the same fine to themselves or to any of their ancestors in possession reversion remainder or use shall immediately after the fine ingrossed and proclamations made be a sufficient bar against them and their heirs claiming onely by such entail and against all other claiming onely to their use or to the use of any heir of their bodies XXVIII Howbeit this Act shall not bar the interest of any persons accrued by reason of any fine levied by a woman after her husbands death contrary to the Statute of 11 H. 7.20 XXIX A fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. XXX This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered in any Court by judgment or otherwise nor to any fine of Lands intailed by the King's Letters Patents or any Act of Parliament the reversion thereof at the time of such fine levied being in the King XXXI Stat. 37 H. 8.19 Fines levied before the Justices Of Assize at Lancaster or one of them and openly read and proclaimed at the three several Sessions before the said Justices or one of them of lands lying within that County Palatine viz. upon three several days in the Sessions when the fine is ingrossed and three other several days in each of the two Sessions then next following shall be of like force as fines acknowledged before the Justices of the Common Pleas. XXXII Stat. 2. 3 E. 6.28 This Statute ordains all fines of lands within the County Palatine of Chester to be of like force with those of the Common Pleas being proclaimed before the high Justice there or his Deputy in like sort as those of Lancaster are proclaimed XXXIII Stat. 1 M. Parl. 1.7
and to cause the said premisses to be searched rented appraised and sold for the payment of the Creditors rateably according to their debts as in the discretion of such Commissioners or the most part of them shall be thought fit IV. The Vendees of Copihold-lands shall compound with the Lord for their fines and the shall be admitted and make fealty according to the custom of the Mannor V. Such of the Commissioners as execute the Commission shall upon the Bankrupt's request render him an account and also the overplus if any be unto him his Executors Administrators or Assigns VI. The Commissioners have power to convene before them any person accused or suspected to have any of the Bankrupt's goods chattels or debts or to be indebted unto him and for discovery thereof to examine upon oath or otherwise as they or the most of them shall think fit VII The person refusing in that behalf to disclose or swear shall forfeit the double value of the goods chattels or debts so concealed to be ordered and imployed by the Commissioners or the most part of them as if they were the Bankrupts VIII The person demanding or detaining any of the Bankrupt's lands goods chattels or debts not justly due shall forfeit the double value to be levied recovered and employed as aforesaid IX If after all the creditors are paid out of the Bankrupt's estate and the forfeitures any surplusage shall remain it shall be by the Commissioners divided betwixt the Queen her heirs and successors and the poor of the place where such Bankrupt happens to be X. If any person indebted absent himself from his usual place of abode upon complaint the Commissioners or the most of them shall award five Proclamations to be made upon five sundry Market-days near the said place commanding him to render himself to the Commissioners or one of them which if he do not within convenient time he shall be adjudged out of the Queen's protection and the party wittingly receiving or concealing him shall upon information of the Commissioners or the most part of them suffer such imprisonment and pay such fine as the Lord Chancellor or Keeper shall think fit XI The Creditor not sully satisfied by this means may notwithstanding this Act take his course at Law against the Bankrupt for the residue of his debt XII The estate which happeneth to the Bankrupt by purchase or descent after he becomes a Bankrupt shall also be extendable by the Commissioners or the more part of them XIII This Act shall not extend to annual estates of Land Free or Copy by him conveyed before he became Bankrupt so that they were so conveyed bonâ fide and not to such as were privy to his fraudulent purpose XIV Stat. 1 Jac. 15. Every Subject born or Denizon who using Trade shall depart the Realm keep house absent him or her self take Sanctuary suffer him or her self to be arrested for debt not justly grown due to be outlawed imprisoned fraudulently procure his person to be arrested or goods attached depart from home make any fraudulent grant of lands or goods with intent to deceive his other Creditors being Subjects born or being arrested lie in prison six moneths or more shall be adjudged a Bankrupt XV. The Bankrupt hereby described shall be proceeded against as is limited by the Stat. of 13 El. 7. in like manner as if he had been there so fully described XVI Any Creditor shall be received to take his part if he come in within four moneths after the Commission sued out and pay his part of the charge otherwise the Commissioners may proceed to distribution XVII If a Bankrupt grant his lands or goods or transferr his debt into other mens names except to his children upon marriage they being of age to consent or upon valuable consideration the Commissioners may notwithstanding sell them and such sale shall be good XVIII If upon warning in writing left three times at the most usual place where he dwelt within one year before he became Bankrupt he appear not before the Commissioners they may cause him to be proclaimed at some publick place or places and if upon five such Proclamations he yield not himself they shall by warrant cause him to be brought before them to be examined the concerning his estate c. XIX If the Bankrupt shall refuse to be examined the Commissioners shall commit him until he conform or if being examined he commit perjury in prejudice of the Creditors to the value of 10 l. or more he shall be indicted for the same and after conviction stand upon the Pillory and have one of his ears nailed thereto and cut off XX. If any person be known or suspected to detain any of the Bankrupt's estate and do not appear or send some lawful excuse at the next meeting after warning given him or appearing refuseth to be examined upon oath the Commissioners by Warrant shall cause him to be arrested and if he still refuse shall commit him until he submit XXI The witnesses shall have convenient charges allowed them ratably by the Creditors and such of them as shall be perjured and their procurers shall be indicted upon the Statute of 5 El. 9 which see in Perjury XXII The Forfeitures of this Act shall be recovered by the Creditors and the costs of suit deducted shall be ratably divided amongst them XXIII The Commissioners have power to assign the Bankrupt's debts to the Creditors and by such assignment they shall be recoverable by the Creditors as their proper debts XXIV No debtor shall be prejudiced by payment of his debt to the Bankrupt before he have notice that he is a Bankrupt XXV The Commissioners shall make such account to the Bankrupt and likewise pay him the overplus as by 13 El. 7. is ordained and the Creditors being all satisfied the Bankrupt may recover the remaining debts XXVI If any of the Commissioners or other person imployed by them be sued for any act done by force of the Commission the Defendant may plead Not guilty or justify and the whole matter shall be brought in evidence according to the very truth thereof and if the Verdict pass for the Defendant he shall have his costs XXVII The Commissioners shall proceed to execution notwithstanding the death of the Bankrupt XXVIII Stat. 21 Jac. 19. All Laws made against Bankrupts shall be beneficially construed for the Creditors XXIX All persons of Trade and Scriveners that procure protection except of Parliament and all such as by exhibiting Petitions endeavour to compel their Creditors to take less then their due debts or to gain time for the payment thereof or being indebted in 100 l. or more shall not satisfie the same within 6 months after the same grows due and the debtor arrested or within six moneths after the original Writ sued out and notice given thereof or left in writing at the place of his abode or after arrest lie six months in prison or escape out of prison or procure enlargement by
thereupon had if need be * II. Stat. 18 H. 18. No Captain shall detain any part of his Souldiers wages in pain to forfeit to the King 20 l. for every Spear-man and 10 l. for every Bow-man III. Howbeit if they have been waged half a year the Captain may detain 10 s. for the gown of a Gentleman and 6 s. 8 d. for that of a Yeoman * IV. Stat. 18 H. 6.19 It is felony for a Souldier retained to serve the King in his Wars not to go with or to depart from his Captain without licence V. Officers shall arrest souldiers who within the term limited come on this side the Sea without letters testimonial of their Captain and shall retain them until the cause of their return be tried VI. Justices of Peace have power to hear and determine those offences Vide Co. 6.27 VII Stat. 7 H. 7.1 A Captain which shall not have the whole number of his souldiers or not pay them their due wages within six daies after he shall have received them shall forfeit all his goods and chattels and suffer imprisonment VIII It is felony for a souldier retained to depart from his colours without licence for which he shall not enjoy the benefit of his Clergy IX Justices of the Peace have power to enquire hear and determine of this offence of departing without licence and the trial thereof shall be in the same County where the souldier is apprehended X. This Act shall not be prejudicial to Captains when souldiers die or otherwise depart without any default of theirs so that they therewith acquaint at land the Treasurer of the wars within ten daies after or at Sea the Admiral at their next meeting with him But Quaere whether this Statute survived H. 7. XI Stat. 3 H. 8.5 This Act is in all parts the same with 7 H. 7.1 save onely that it shall not extend to Captains and souldiers in Barwick Wales Calice or other places in France nor to Captains having under them retinue of souldiers or for non-payment of the King's wages to Captains houshold-servants Quaere also whether this survived H. 8. * XII Stat. 2 and 3 E. 6.2 A souldier that makes away his horse or arms proof thereof being made before the chief Commander shall suffer imprisonment without bail untill he hath satisfied the party at whose charge he was sent out XIII If such a souldier escape from the Army without punishment he shall be liable to the same to be inflicted upon him by any Justice of Peace in those parts where he shall be apprehended unless he bring sufficient testimony from the Commander that the horse or arms were otherwise lost or imployed in the King's service XIV It is felony without benefit of Clergy for a souldier retained to depart without licence of his Commander whereupon Justices of Peace may proceed as in case of felony XV. The Commissioner or Captain that licenseth any person retained and assumeth another for gain or which giveth to any licence to depart without warrant from the Commander shall forfeit 20 l. to the King for every person so let go XVI The Lievtenant-General or other Officer that receives more wages for souldiers then there is cause and doth not every moneth by a note in writing acquaint the Treasurer of the Army with every souldier 's entry into pay death or departure shall forfeit 5 l. to the King suffer one moneth 's imprisonment and lose his place XVII None but the Commander shall license any in pain of imprisonment both of the licenser and licensed at the discretion of the said Commander XVIII The Lievtenant-General shall command this Act to be proclaimed in the Army once every moneth and every Governour in his fortress once every three moneths XIX Every person which shall inform the Lievtenant of any of these offences shall have a moneths pay belonging to him that is faulty XX. This Act shall not prohibit officers to retain yearly 6 s. 8 d. for the Coat of a Yeoman and 12 s. 4 d. for the Coat of a Gentleman neither shall it be prejudicial unto them when the lack of souldiers is not through their default nor when they have under them a retinue of souldiers or for non-payment of the King's wages to their household-servants neither shall it extend to prohibit relief of tenants or friends toward service in war or the detaining of souldiers wages upon lawful causes ☞ XXI Stat. 43 E. 3. The more part of the Justices of P. yearly in their Easter-Sess have power to charge every Parish towards a weekly relief of maimed souldiers and Mariners so that no Parish pay weekly above 10 d. nor under 2 d. nor any County which consists of above 50 Parishes pay above 6 d. one Parish with another which summs so taxed shall be assessed in every Parish by the Parishioners or in their default by the Church-wardens and Constables or in their default by the next Justice or Justices of Peace XXII The Constables and Church-wardens of every Parish have power to levy the tax of every person refusing to pay it by distress and sale and in their default the said Justice or Justices next adjoyning XXIII The tax being thus levied the Constables and Church-wardens shall deliver it quarterly ten daies before every Quarter-Sess to the High-Constable of their Division who shall deliver it over to the Treasurers of the County at the same Quarter-Sessions XXIV The Treasurers shall be Subsidy-mer◠viz. of 10 l. in lands or 15 l. in goods and shall not continue in their office above one year rendring up their accounts yearly at Easter-Sessions or within ten daies after to their Successors XXV The Officer his Executors c. that fails in payment of the summs levied shall forfeit viz. the Church-wardens or Constables 20 s. and the High-Constables 40 s. which the Treasurers have power to levy by distress and sale in augmentation of their stock XXVI The Treasurer or his Executor c. that hath been negligent to execute his office or to render an account within the time above limited shall be fined by the Justices of Peace in the Sess 5. l. at least XXVII The maimed Souldier or Mariner which was prest shall repair if he be able to travel to the Treasurers of the County where he was prest if he were not prest then to the Treasurers of the County where he was born or where he last dwelt by the space of three years at his election but if he be not able to travel then to the Treasurers of the County where he lands XXVIII He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seal of the chief Commander or of the Captain under whom he served containing the particulars of his hurts and services which Certificate shall be also allowed by the Muster-master or the Receiver-General of the Muster-rolls under one of their hands XXIX Upon such a Certificate the Treasurers aforesaid may allow him relief to maintain him
until the next Quarter-Sessions at which the more part of the Justices may allow him a pension which the Treasurers shall pay him quarterly until it shall be revoked or altered by the said Justices And this allowance to him that hath not born Offices shall not exceed 10 l. to an Officer under a Lievtenant 15 l. to a Lievtenant 20 l. XXX When Souldiers or Mariners arrive far from the place where they are to receive relief the Treasurers there shall give them relief and testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtained any allowance thereof from the said Muster-master or Receiver general of the Muster-rolls XXXI The Treasurers shall register their Receits and Disbursments and enter the names of the parties relieved and also the Certificate by warrant whereof the disbursments are made the Muster-master also or Receiver aforesaid shall register the names of the parties and the Certificates by him allowed and the Treasurer returning or not allowing the Muster-master's Certificates shall thereupon subscribe or endorse the cause of his disallowance XXXII Justices of Peace in Sess have power to fine a Treasurer that wilfully refuseth to give relief which any two of them appointed by the rest may levy by distress and sale of goods XXXIII A Souldier or Mariner that begs or counterfeits a Certificate shall suffer punishment as a common Rogue and shall lose his pension if he have any XXXIV The surplusage of this contribution shall be imployed by the more part of the Justices in Sessions upon charitable uses according to the statutes made for relief of the poor and punishment of Rogues XXXV In Corporations the Justices there shall put this Act in execution and not the Justices of the County and shall be liable to fines as well as other Justices if they misuse their power therein and shall appoint a Collector of this tax which shall have the power and be subject to the penalties limited by this Act to High-Constables of the Counties XXXVI The forfeitures accruing by this Act shall be imployed as the surplusage abovesaid or otherwise kept in augmentation of the stock as the more part of the Justices in Sessions shall direct XXXVII When out of the County where the party was prest a fit pension cannot be satisfied it shall be supplied by the Counties where he was born or where he last dwelt by the space of 3 years XXXVIII This Act shall not prohibit the City of London to make a tax if need require differing from that above limited so that no Parish pay above 3 s. weekly nor above or under 12 d. weekly one Parish with another XXXIX Stat. 13 Car. 2. ca. 6. The command and disposing of the Militia and 14 Car. 2. ca. 3. all the forces by Sea and land and Forts and places of Strength declared to be in the King and neither or both Houses of Parliament can or ought to pretend any power to levy war offensive or defensive against the King his Heirs or lawful Successors Provided this Act be not taken to extend to give or declare any power for transporting or compelling any of the subjects to march out of this Kingdom otherwise then by the Laws thereof ought to be done XL. Stat. 14. Car. 2. ca. 3. The same again declared and that the King his Heirs and Successors may issue forth Commissions of Lievtenancy for the several Counties and places of England and Wales and town of Berwick upon Tweed impowering them to call together persons and them to arm and form into Regiments and lead and conduct and employ them as his Majesty shall direct as well within the several Counties and places where they be commissionated as into other Counties for suppressing all Insurrections Rebellions and Invasions XLI The Lievtenants impowered to commissionate Officers and to present the names of such persons as they shall think fit to be Deputy-Lievtenants and upon the King's approbation to give them Deputations accordingly which his Majesty his Heirs or Successors may notwithstanding displace XLII In absence of the Lievtenants the Deputy-Lievtenants oâ— any two of them may train exercise and lead persons so armed to the intents hereafter expressed XLIII The Lievtenants or Deputy-Lievtenants the major part of them being 3 at least may charge persons with horse or foot-arms where their estates lie not exceeding the limitations in the Act viz. 1. None to be charged with horse unless he have a revenue of 500 l. per annum or 6000 l. in goods or money 2. None to be charged with foot-arms not having 50 l. per annum or 600 l. in goods nor shall he be charged with horse and foot in the same County 3. None that find or contribute towards a horse shall find any foot-arms and two or three may be joyned in finding an horse-arms 4. No person not having 100 l. per annum shall be contributary to a horse-arms 5. The Lievtenants and Deputy-Lievtenants or any three of them impowered to hear and redress complaints and examine witnesses upon oath 6. Two shillings per diem shall be allowed an horse and 12 d. per diem a foot-souldier 7. The Lievtenants or any three Deputy-Lievtenants may set rates for furnishing ammunition or other necessaries not exceeding in any one year a fourth part of 70000 l. 8. In cases of Invasion or Insurrection every souldier is to be provided of one moneth 's pay but no person to be charged further until the said moneth 's pay be reimbursed him 9. Lievtenants Deputy-Lievtenants and Chief-officers may charge horses carts and carriages for ammunition allowing 6 d. a mile to every cart with 5 horses and 1 d. the mile for a horse 10. Mutineers may be punished by mulcts not exceeding 5 s. or imprisonment not exceeding 20 days 11. The Lievtenants or 3 Deputy-Lievtenants may impose and levy penalties not exceeding 20 l. upon every person charged and refusing to furnish arms and imprison any person that shall imbezil arms until satisfaction and fine any horse-armes not appearing upon summons 20 s. and any foot-arms 10 s. and upon persons charged and not sending in their horses upon summons 5 l. to be levied by distress and sale of the offender's goods 12. And for discovering the abilities of persons chargeable and misdemeanours in hindrances of the service the Lievtenants or any 3 Deputies may examine any person upon oath other then the parties assessed and accused XLIV The Lievtenants may appoint Treasurers and clerks who are to account for money received every six moneths and to certifie the same to the King 's Privy councel and duplicates thereof to the Quarter-Sessions XLV Deputy-Lievtenants shall obey and execute the directions of the Lievtenants XLVI The Lievtenants or any two Deputy-Lievtenants may imploy any persons with the assistance of a Commission-Officer and Constable or other Parish-officer to
III. Stat. 51 H. 3. Concerning general Days in a Writ of Dower If the Writ come in Octabis Mich. Quindena Mich. Tres Michael Mense Mich. Crastino Anim. Crastino Mart. Octabis Mart. Quindena Mart. Octabis Hill Quindeno Hill Crastino Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crast ascens Octabis Trin. Quindena Trin. Crast Johannis Octabis Johan nis Quindena Johannis Day shall be given untill Crastino Animarum Crast Martini Octabis Martini Quindena Mart. Octabis Hillarii Quindena Hillarif Crastino Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Crastino Ascens Octabis Trin. Quindena Trin. Crast Joh. Bapt. Octabis Joh. Bapt. Quindena Johannis Octabis Mich. Quindena Mich. Tres Michael Mense Mich. Crastino Anim. IV. Marlbridg 12. 52 H. 3. In Dower unde nihil habet four days shall be given in the year and more if conveinently may be so that they shall have five or six days at least in the year V. In Assizes of Darreign presentment and a Plea of Quare impedit days shall be given from fifteen to fifteen or from three weeks to three weeks according to the distance of the place VI In a Quare impedit if the Disturber come not in upon summons nor cast an Essoine he shall be attached at another day when if he come not nor cast an Essoine the great distress shall issue against him when if he come not a Writ shall be sent to the Bishop that the Disturber claim not for that time to the prejudice of the Plaintiff saving unto him his right at another time VII The same Law shall be observed for Attachment as for Distresses so that the second Attachment shall be made by better pledges and after the last Distress VIII Stat. 32 H. 8.21 There shall be onely four days of Return in Trinity-Term viz. Crast Trin. Octab. Trin. Quindena Trin. and Tres Trin. IX This Term shall hereafter begin upon the Munday after Trinity Sunday for keeping of Essoines Profers Returns and other ceremonies formerly used and the full Term shall begin the Friday after Corpus Christi Day being always the Friday next ensuing X. If a writ in any reall Action come in and be returnable Octabis Hill Quindena Hill Crastino Purif Octabis Purif Crast Trin. Octab. Trin. Quindena Trin. Tres Trin. Day shall be given in Crastino Trin. Octab. Trin. Quinden Trin. Tres Trin. Crast Anim. Crast Martini Octabis Martini Quindena Mart. XI If any Writ of Dower come in and be returnable Quindena Paschae Tres Paschae Mense Paschae Quinque Pase or Crast Ascens Crastino Trin. Octabis Trin. Quindena Trin. Tres Trin. Day shall be given in Crastino Trin. Octab. Trin. Quind Trin. Tres Trin. Octab. Mich. Quind Mich. Tres Mich. Mense Mich. XII All common Writs and Processes as well personal as mixt shall keep the said returns of Trinity-Term ordained by this Act. XIII This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes as have used to have special days assigned XIV The said Statute of Marlbidge 12 and also 5 E. 3. which see in attaint being not contrariant to this Act shall remain firm notwithstanding this Act. XV. Stat. 16 17 Car. 6. There shall be onely six days of return in Michaelmas Term viz. Tres Michael Mense Michael Crast Anim. Crastino Mart. Octabis Mart. and Quindena Mart. XVI Michaelmas Term shall hereafter begin at Tres Mich. for the keeping of Essoines Profers Returns and other ceremonies heretofore used and the full Term shall be four days after Howbeit if the beginning of the Term or the said fourth day happen to be Sunday then the next day is to be kept for it XVII If any Writ in any real action other then writs of Entry for common Recoveries writs of right of Advowson and Writs of Dower unde nihil habet hereafter mentioned come in and be returnable Tres Mich. Mense Mich. Crastino Anim. Crastino Mart. Octab. Mart. Quindena Mart. Octab. Hill Quindena Hill Crast Purif Octabis Purif Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crast Ascens Crast Trin. Octab. Trin. Quind Trin. Tres Trin. Then day shall be given Crastino Purif Octabis Purif Quind Paschae Tres Paschae Mense Paschae Quind Pasch Crast Ascens Crast Trin. Octab. Trin. Quindena Trin. Tres Trin. Tres Mich. Mense Michaelis Crastino Anim. Crast Mart. Octab. Mart. Quindena Mart. Octabis Hillarii Quindena Hillarii XVIII Provided that in Writs of Dower unde nihil habet after issue joyned 15 days betwixt the teste and the Term shall suffice as is used in personal actions XIX Crastino Ascens shall be a good return notwithstanding there be not 15 days between the quarto die of that return and the Essoin-day of the return of Crast Trin. Also the return from Tres Mich. to Crast Anim. shall be a good return albeit there be not 15 days between the Quarto die of Tres Mich. and the Essoin days of Crast Anim. XX. All Writs of Summons ad warrantizandum against Vouchees upon common Recoveries had in Writs of Entrie upon the apparance of the tenant and all Writs of Right of Advowson shall be abridged to five Returns as Writs of Summons ad warrantizandum in Writs of Dower have been heretofore used XXI This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes as have used to have special days assigned XXII The days in Assize of Darreign Presentment and in Plea of Quare impedit limited by the said Statute of Marelbridge and also the days given in Attaint limited by 5 E. 3 8. and 23 H. 8.3 which see in Attaint being not contrary to the tenour of this Act shall be held firm notwithstanding this Act. Damages and Costs I. Glocester 1. 6 E. 1. Damages are given in Assizes of Novel disseisin as well against the alienee of the disseisor as against the disseisor himself so that every one shall answer for his time II. The disseisee shall recover damages in a Writ of Entrie upon Novel disseisin against him that is found tenant after the disseisor III. Damages shall be awarded in all cases where one recovereth in an Assize of Mortdancester And also in Writs of Cosinage Ayel and Besayel IV. The Demandant may recover against the Tenant the costs of his Writ together with the damages aforesaid and this Act shall hold place in all cases where the party is to recover damages V. Glocester 14. 6 E. 1. Disseisees in London shall have damages by Recognisance of the same Assize whereby they recovered their lands and the Disseisors shall be amercied before two Barons of the Exchequer which shall resort once a year into the Cities to do it and the Barons and Treasurer shall cause it every year to be levied by two of them at their rising after
ordained for false appeals which see in Appeals Durham I. Stat. 7 E. 6. not printed By this Act the Bishoprick of Durham was dissolved and the King was to have all the lands and hereditaments thereof and another Act was also made the same year Cap. 10. whereby the Town of Gateside was united to the Town of Newcastle but both these Acts are repealed by 1 M. Parl 23. And by this Act the Bishoprick of Durham is revived and erected and thereby are annexed unto the County Palatine all the jurisdictions both Ecclesiastical and temporal as also the Town of Gateside and all lands and hereditaments before belonging to the said Bishoprick and divers other provisions are therein contained concerning those matters For which see the Statute at large II. Stat. 5 El. 27. Fines levied before the Justices of the County Palatine of Durham or one of them of lands lying in the same County shall be good III. Stat. 31 El. 9. Writs upon Proclamations and exigents against any person dwelling within the County Palatine of Durham shall be directed to the Bishop of Durham c. with divers other provisions for that County Palatine For which see the Statute at large Ecclesiastical Jurisdiction * I. Stat. 37 H. 8.19 Doctors of the Civil Law albeit they be Lay-men or married and unmarried may exercise Ecclesiastical jurisdiction ☞ Egyptians * I. Stat. 22 H. 6.10 If any calling themselves Egyptians do come into this Realm they shall forfeit all their goods and being commanded shall depart the Realm within 15 days upon pain of Imprisonment But see here in the Statutes following a greater penalty ordained * II. Stat. 1. 2 P.M. 4. None shall transport any lewd people who call themselves Egyptians into this Realm or Wales in pain of 40 l. And it shall be felony without Clergy for them to remain above a moneth in England or Wales neither shall they be tried per medietatem linguae but by the Inhabitants of the County or place where they are taken III. None shall sue for any licence or pasport for any Egyptians to stay in England or Wales in pain of 40 l. and such licence or pasport shall be void IV. The forfeitures aforesaid shal be divided betwixt the King and Queen's Majesties and the Prosecutor V. This Act shall not extend to charge persons not above the age of 13 years nor as accessary to any offence contained in this Statute VI. Stat. 5 El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be judged a felon without Clergy VII This Act shall not include children within 14 years of age neither shall any person born in England or Wales be compelable to void the land by the Statute of 1. 2 P.M. but onely to leave their lewd course of life Election I. West 1. cap. 5. 3 E. 1. None shall disturb any by force of Arms Malice or Menaces to make free Election in pain of great forfeiture II. Artic. Cleri cap. 14. 9 E. 2. There shall be free Election for the dignities of the Church * III. Stat. 31 El. 6. If any person or persons having election or voice in the nomination or choice of any person to have place in any Church Colledge School Hospital Hall or other Society shall take any reward directly or indirectly or any promise or assurance thereof directly or indirectly for such their election or voice that then such place shall be void and that then such person as hath power to dispose thereof may dispose of the same as if the person before elected or appointed were actually dead IV. If any person of such societies take any reward or assurance thereof directly or indirectly for resigning such place the party giving it shall forfeit the double value thereof and the party taking it shall be uncapable of such place and then also the party to whom such place apertains may dispose thereof as aforesaid V. At every Election this Statute and the Statutes of the Society which concern Election shall be read VI. The forfeitures of this Statute shall be divided betwixt the Queen and the Prosecutor VII If any person for any reward or assurance thereof directly or indirectly taken do present or collate any person to any Benefice with cure of souls Dignity Prebend or living Ecclesiastical or give or bestow the same for any corrupt consideration every such presentation collation gift c. bestowing and every admission institution investiture and induction thereupon shall be void and from thenceforth the Queen her heirs and successors may present or collate thereunto or give or bestow the same for one turn onely VIII None shall give or take such reward or take or make such assurance in pain to forfeit the double value of one years profit of such spiritual promotion and the person taking such promotion shall be disabled in Law to injoy the same IX If any person for any such reward or assurance thereof lawful fees excepted admit institute instal induct invest or place any person in any such spiritual promotion the party so offending shall forfeit the double value of one years profit of such promotion and the admission institution c. shall be void and then the Patron or other person unto whom the next gift appertains may present or collate thereunto X. Howbeit no lapse shall accrue upon such violence until six moneths after notice thereof given by the Ordinary to the Patron XI If any Incumbent of any Benefice with cure of souls shall corruptly resign or exchange the same or shall corruptly take for resigning or exchanging thereof directly or indirectly any benefit whatsoever both the giver and taker thereof shall lose the double value of the benefit so had to be divided betwixt the Queen and the Prosecutor XII Penalties inflicted by the Ecclesiastical law are not taken away by this Statute XIII If any person shall directly or indirectly take any reward or other profit or assurance of the same lawful fees onely excepted to make a Minister or to give license to preach he shall forfeit 40 l. and the party so made Minister or licensed to preach 10 l. and if the party so made Minister or licensed be inducted invested or installed into any benefice within seven years after such induction c. shall be void and the party having the gift thereof may present or collate as if he were dead XIV The forfeitures of this Act shall be divided betwixt the Queen and the prosecutor English-men I. Stat. 14 15 H. 8.4 All English-men sworn subjects to any forein Prince shall pay such impositions as Aliens do II. Their names shall be certified into the Chancery from Holland Zeland Brabant and Flanders by the Governour of the Merchant-Adventurers there and from other parts by the King's Embassadours residing in those parts III. An English-man returning and dwelling again within this Realm shall be restored to his liberties England and Scotland I. Stat. I Jac. 2. An authority is given to certain
whereof the Sheriff is answerable shall be writ in the annual roll and there shall be acquitted XXII Tailes already paid and not allowed but charged in the summons of the Exchequer shall after proclamation be delivered to the Sheriffs to be allowed upon their accounts and two faithful Knights in every County shall be present at the delivery of such Tails which shall be delivered by Indenture betwixt the Knights and the Sheriffs which Knights shall send their part to the Exchequer at the Sheriffs account And if the Tails be not so delivered as aforesaid the party failing shall be chargeable with the debt XXIII Inquisitors shall be appointed in every County what debts and what part thereof are paid and what not which Inquisitors shall certifie the persons convict to have received them and thereupon Examination thereof shall be made in the Exchequer and the Rolls rectified accordingly XXIV The Chamberlains of the Exchequer shall not make to Sheriffs or Bayliffs Tails or dividends unless they first receive of them writings concerning the particular summs of the actions of debts and the names of them that paid them unto which particulars he may put the names of such dividends which being so received under their seals they shall not be afterwards numbred into other particulars XXV When Nichils are returned by the Sheriff they shall be estreated into Rolls and delivered unto circumspect men to be inquired of as the Treasurer and Barons shall direct XXVI No suit shall be prosecuted in the Exchequer house unless it concern the King and his Officers there XXVII Stat. 37 E. 3.4 The Clerksof the Remembrance shall sit against the Clerk of the Pipe to take notice of and imbreviate all discharges in the Pipe to the end that process may thereupon cease also upon such discharge the summons of Pipe shall be withdrawn XXVIII Stat. 1 R. 2.5 All former Statutes made concerning the Officers of the Exchequer shall be firmly kept XXIX If any Officer there make out process for a debt already paid he shall lose his office be imprisoned and mak gree with the party at the discretion of the Treasurer and Barons XXX Stat. 5 R. 2. Stat. 1.9 Every person impeached in the Exchequer may plead there in his own discharge XXXI Stat. 5 R. 2. Stat. 1.11 Accounts in the Exchequer shall be heard made and ingrossed more speedily then they were wont XXXII Stat. 5 R. 2. Stat. 1.12 Two Clerks shall be assigned and sworn to make parcels of Accompts in the Exchequer and shall be recompenced for their pains as the Barons shall think fit XXXIII Stat. 5 R. 2. Stat. 1.13 No accounts of Nihil shall be admitted but upon oath and examination of the Officer who upon such oath shall be discharged thereof saving the Kings right XXXIV Stat. 5 R. 2. Stat. 1.14 The Clerk of the Pipe and the two Remembrancers shall be sworn to make due entry every term of all Writs for the discharge of any person And the Remembrancers shall also be sworn to make a Schedule every term of such as shall be so discharged and to deliver it to the Clerks of the Pipe to the end they may be also discharged in the great Roll and the Clerk of the Pipe shall also be sworn to require such Schedules and to deliver like Schedules to the Remembrancers of such as shall be discharged in his Office XXXV Stat. 5 R. 2. Stat. 1.15 If a Judgment of Livery given in any other Court shall be sent into the Exchequer the Remembrancer in whose office such accounts shall be demanded shall not issue new process thereupon but shall cause it to cease by an Indorsement upon the Writ XXXVI Stat. 5 R. 2. Stat. 1.15 The Clerk's fee for making of a Commission or Record of Nisi prius in the Exchequer shall be onely 2 s. XXXVII Stat. 13 R. 2. Stat. 1.14 Recognizances or bonds of the double made in the Exchequer for the King's debts shall be void Provided that the King be secured his duty the usual way XXXVIII Stat. 1 Jac. 26. Issues lost which by Queen Elizabeth's orders made in the fifteenth year of her Reign ought to be remitted shall from henceforth be discharged in the Exchequer XXXIX If the Treasurer's Remembrancer or any officer under him observe not the said orders they shall forfeit 20 l. to be sued for within two years and to be divided betwixt the King and the party grieved XL. No process to do homage and fealty or fealty onely or writs of scire facias capias or distress for fines estreated out of the Common Pleas shall issue out of the Remembrancers office upon supposal onely upon the pains provided by former laws and orders of the Exchequer but it must be upon just ground and if it appear there that a tenure hath been traversed the process shall be dischared by such traverse without pleading XLI Upon the estreat of the original of the Chancery of the first granted of any lands holden in chief by Knight Service or Soccage in chief or of any licence or pardon of alienation Ouster le maine general or special livery or the inrolment of any of them process shall be made only for the services due thereupon and the parties shall be admitted without pleading paying the fine as hereafter is expressed XLII Here where the first tenant is returned Mort or Nihil habet then shall issue out a distring tenent for the tenant or tenants to do his or their service against whom after he or they are known process shall issue out every term with issues to be lost until they come in shew their entry make fine c. XLIII If a grantee of an inheritance or free-hold in lands holden in chief or by Knights service have a licence of Alienation and bring it to the Treasurers Remembrancer it shall be received and inrolled without plea so likewise shall a livery general or special or ouster le main XLIV Where any Writ of Reversion shall be made upon any Record for lands wherein the Prince is in Reversion the party upon shewing a Record testifying so much shall be discharged without plea. XLV Where two Mannors in one County have the same name if that of them be charged which ought not the issues out shall be saved and the party discharged without plea. XLVI Issues lost by any which are returned tenants of lands which they have not shall be discharged XLVII Issues lost upon a Ward under age shall be discharged so also shall those returned upon the Committee of a ward XLVIII Issues lost upon lands in the Queens hands by extent shall be discharged so also shall those returned upon tenants for life year or at will or upon tenants of lands in chief by extent XLIX Issues lost by untrue returns or misreturns by Sheriffs shall be discharged L. Issues lost upon any former grants of lands in chief and now not holden shall be discharged LI. Issues lost by being returned upon a Jury when the
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
be committed to Prison without bail unless he immediately pay to the use of the poor where the offence was committed or be apprehended 20 s. for every Fowl Hare or Egg so killed taken or destroyed ☞ and after one moneth 's commitment shall before two or more Justices of Peace be bound with two sufficient sureties in 20 l. a piece with condition never to offend in the like kind again XII Every person convicted as abovesaid to keep a Grey-hound Dog or Net to kill or take Deer Hare Fesant or Partride unless he have inheritance of 10 l. per annum a lease for life of 30 l. per annum or be worth 200 l. in goods or otherwise be the son of a Baron or Knight or heir apparent of an Esquire shall suffer imprisonment as aforesaid unless he pay 40 s. to the use abovesaid XIII None shail sell or buy to sell again any Deer Hare Fesant or Partridge except Fesants or Partridges by them reared up or brought from beyond Sea in pain to forfeit for every Deer 40 s. Hare 10 s. Fesant 20 s. and Partridge 10 s. to be divided betwixt the prosecutor and the poor of the Parish where the offence is committed XIV Justices of Assize Justices of Peace in Sessions and two or more Justices of Peace out of Sessions have power to hear and determine these offences XV. None shall by any former law suffer punishment for the same offences for which he shall be punished by this Law XVI This Act shall not restrain one licensed in open Sessions to kill Hawk's meat but then he shall there become bound by recognizance in 20 l. not to kill any of the games prohibited by this law nor to shoot within 600 paces of an Hearnry within 100 paces of a Pigeon-house or in a Park Forrest or Chase whereof his Master is not owner or keeper and the Clerk of the Peace his fee for such a license is 12 d. * XVII Stat. 7 Jac. 11. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have hawked at or destroyed any Fesant or Partridge betwixt the first of July and the last of August shall suffer one moneths imprisonment without bail unless he forthwith pay to the use of the poor where the offence was committed or be apprehended 40 s. for every time so hawking and 20 s. for every Fesant or Partridge so destroyed or taken XVIII He that shall be punished by this Law shall not be punished again by any other law for the same offence XIX This offence shall be prosecuted within six moneths after it shall be committed XX. It shall be lawful for the Lord of a Mannor or any having free Warren inheritance of 40 l. per annum free-hold of 80 l. per annum or goods worth 400 l. or their servants licensed by them to take Fesants or Partridges within their own grounds or Precinct so they do it in the day time and onely betwixt Michaclmas and Christmas ☞ XXI If any of a mean condition shall be convicted by his own confession or by one witness upon oath before two or more Justices of Peace to have killed or taken any Fesant or Partridge with dogs nets or engines he shall by the said Justices be committed to prison without bail unless he forthwith pay to the use of the poor where the offence was committed 20 s. for every Fesant or Partridge so killed or taken and also become bound before one or more Justices of Peace in a recognizance of 20 l. never to offend in the like kind again XXII Every Constable or Headborough upon a warrant under the hands of two or more Justices of Peace hath power to search the houses of persons suspected to have any setting dogs or nets for the taking of Fesants or Partridges and the dogs or nets there found to kill and cut in pieces at pleasure as things forfeited unto the said officers ☞ Fighting and Quarrelling * I. Stat. 5.6 E. 6.4 None shall use any chiding words in the Church or Church-yard in pain of suspension for so long time as the Ordinary shall think fit viz. of a Lay-man ab ingressu Ecclesiae and of a Clerk à Ministerio officii II. He that shall there smite or lay violent hands upon any one is thereby excommunicated ipso facto III. He that is convicted of striking with a weapon there or of drawing it with an intent to strike before Justices of Assize of Oyer and Terminer or of Peace in Sessions by verdict his own confession or two lawful witnesses shall by judgment of the said Justices have one of his ears cut off and in case he wants ears shall be burned upon the cheek with the letter F. and shall stand excommunicate ipso facto Fines I. Stat. de sinibus 18 E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the pleader shall say Sir Justice Conge de accorder Then the Justice shall say What saith Sir R And when the King 's fine is agreed for and the peace cried the Pleader shall declare the substance of the fine II. A final concord cannot be levied in the King's Court without writ original before four Justices in the Bench or in Eyre and it must also be in the presence of the parties who ought to be of full age of good memory and out of prison and if a feme covert be one she must be examined by four of the said Justices and if she consent not the fine cannot be levied III. The reason of such solemnity in the taking of a fine is because it bars all persons of full age out of prison of good memoand within the four Seas the day of the fine levied if they make not their claim of their Action within a year and a day by the Countrey IV. Stat. De finibus levatis 27 E. 1. Stat. 1. It shall be no good exception to a fine that before or at the time of the fine levied the demand of his ancestors were seized of the land contained in the fine or of some part thereof V. Fines shall be openly read at two certain days in the week by the discretion of the Justices and in the mean time all Pleas shall cease VI. The Statute of Carlile 15 E. 2. In Pleas of Warrantia Chartae covenant or other whereupon fines are to be levied before the Justices of the Bench as well the demandants as tenants before such fines pass shall appear personally to the end their age idiocy and other defects if any be may be discerned VII If the party be not able to come before the Justices in the Court then two or one of them by the assent of the rest shall go to the party and receive his Cognizance and if but one go he shall take with him an Abbot Prior or Knight being of good fame and credit VIII The Commissioners that take the Cognizance
All fines whereupon Proclamations are not duly made by reason of the adjournment of any term by Writ shall be good as if that term had been holden from the beginning to the end and Proclamations therein made according to the Statute 4 H. 7.24 XXXIV This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered by judgment or otherwise XXXV Stat. 35 El. 2. Fines in the Common Pleas shall be proclaimed four times onely viz. once in the Term wherein the fine is ingrossed and once in each of the three Terms then next following ☞ Fines to the King I. Magna Chart. 26. 9 H. 3. Nothing shall be given for a Writ of Inquisition nor taken of him that prayeth Inquisition of life or member but it shall be granted freely and not denied First-fruits and Tenths I. Stat. 26 H. 8.3 The first-fruits and profits for one year of every spiritual living is granted to the King which every spiritual person shall pay or secure by bond before his actual possession of his Benefice II. Search for the value of Benefices and composition for the First-fruits thereof shall be made by the Lord Chancellor Master of the Rolls and other Commissioners to be appointed by the King for that purpose and the money and securities taken upon such Compositions made before the Chancellor and Master of the Rolls only shall be paid and delivered unto the Clerk of the Hanaper for which he shall render account as he useth to do for other profits of the Great Seal but being made before other Commissioners shall be paid and delivered unto the Treasurer of the King's Chamber or such other person or persons as the King shall authorize under the Great Seal for that purpose to receive the same III. Acquittances for the receit of any money paid for First-fruits under the hands of the Clerk of the Hanaper Treasurer of the King's Chamber and the Commissioners or any of them shall be a sufficient discharge for the same in any of the King's Courts IV. An obligation for First-fruits shall be of like force as a Statute-staple and no more shall be so taken for such an Obligation then 8 d. and 4 d. for an Acquittance V. The Commissioners shall every six moneths deliver by Indenture unto the Treasurer or other person or persons authorized as aforesaid such money and specialties as they shall receive and in case they do not or do conceal them they shall forfeit their office and be fined at the King's pleasure VI. If any be convicted by presentment verdict confession or witness before the Lord Chancellor or other Commissioners to have entred upon any spiritual living before payment or composition made as aforesaid he shall forfeit the double value of the First-fruits VII All First-fruits heretofore payable to other persons shall be from henceforth paid to the King VIII Provided that Bishops may give institution and induction Notwithstanding this Act. IX A rent of pension out of every spiritual living amounting to the tenth part of the annual value thereof shall be yearly paid unto the King at Christmas and the Collector thereof shall pay them in yearly befor the first of April X. The Lord Chancellor shall appoint Commissioners in every Diocess for the Discovery of the yearly value of every spiritual living there and to make Certificate thereof as also of such deductions as are to be made out of the same which Commissoners shall be aforehand sworn by Dedimus potestatem duely to execute their Commmissions XI Every spiritual person shall be charged for his tenth in the Diocess where he is albeit their possessions ly elsewhere XII Bishops shall be charged with the Collection of all the tenths within their respective Diocesses and shall make payment thereof yearly before the first of April unto the Treasurer of the King's Chamber or other person authorized to receive the same and upon non-payment thereof process shall issue out of the Exchequer against them XIII Bishops shall have power to levy the Tenths by Censures of the Church distress or otherwise and no replevin prohibition supersedeas or other writ or impediment shall be allowed to hinder the same XIV During the vacation of a Bishoprick the Dean and Chapiter shall be charge therewith XV. If tenths being due shall not be paid within 40 days after demand thereof made by the Bishop or his officers the Incumbent so making default after certificate thereof into the Exchequer under the Seal of the Bishop shall be adjudged deprived ipso facto of all such Benefices as he hath at the time of such certificate made or at any time after and the Benfice or Benefices which he so hath shall be adjudged void as if he were dead XVI The Bishop making such certificate shall be discharged of so much as is certified to be unpaid for the recovery whereof process shall issue out of the Exchequer against the Incumbent his Executors or Administrators or rather then the King should lose it against his successor XVII The Acquittances of the Treasurer of the King's Chamber or other Commissioners authorized to receive the tenth and all such certificates as aforesaid shall be allowed in all Courts without further warrant XVIII No Officer of the Exchequer shall take any thing of the Bishop or his Collector for his Account or Quietus est in pain to lose office and to be fined at the King's will XIX They which pay pensions to others out of their spiritual livings may retain the tenth part thereof and shall be therein protected by plea upon this Act. XX. No pension shall be reserved upon the resignation of a Benefice above the value of the third part thereof XXI They who in one Corporation aggregate of many have several and distinct possessions belonging to their respective dignities shall only pay for their own possessions and not for those of others XXII No First-fruits shall be paid for a Benefice being not above the yearly value of 8 marks except the Incumbent live three years after his Induction or Collation thereunto and there shall be an exception inserted in the Obligation that in case he live not out those three years the Obligation shall be void but if he outlive them the First-fruits shall be paid by him his Executors or Administrators XXIII Fees payable by any Bishop or other Prelate for temporal Justice shall be defalked out of the valuation of their several dignities XXIV Stat. 26 H. 8.17 Farmers of spiritual persons shall not be compelled to pay First-fruits or Tenths for their lessors XXV Stat. 27 H. 8.8 Every spiritual person at his entry into specialty for the payment of his First-fruits shall have deduction of the tenth part thereof in respect of the tenth which shall be by him payable that year XXVI Where the last incumbent leaves the tenth unpaid the successor may distrain the said incumbents goods found upon the Benefice and keep them until the Incumbent if living or if dead
will not hold the lands of persons convict of Felony longer then a year and a day and then they shall be delivered to the Lords of the Fee II. Stat. 17 E. 2.14 The King shall have the Escheats of the lands of free-holders of Arch-bishops and Bishops which happen in time of Vacation to dispose of at his pleasure the said free-holders being attainted for felony saving to such Prelates the service that thereto is due and accustomed III. Stat. 17 E. 2.16 The King shall have all the goods of felons and fugitives and the year day and waste of their land and then the lands shall be dilivered to the Lord of the Fee who may also if they please compound with the King for the year day and waste IV. Here certain lands are excepted viz. 1. in Glocester-shire where after the year and day the land shall descend to the next heir 2. In Kent lands called Gavelkind where the Father may go to the Bough and yet the Son to the Plough And in Gavelkind all the heirs-male shall divide the inheritance and so shall the heirs-female but women shall not make partition with men also a woman shall be indowed of the moiety and if she commit fornication in her widdow-hood or marry she shall lose her Dower V. Stat. De Catallis felonum None taken for felony for which he shall be imprisoned shall be disseised of his lands or chattels until he be convicted thereof but as soon as he is taken his tenements and chattels shall be viewed by the Sheriff and other officers of the King and lawful men and Inventoried and kept by the Bailiff of him that is so taken who shall give surety to the Justices of the chattels or the price saving to the accused and his family their necessaries as long as he shall be imprisoned and his reasonable estover so that when he is convicted the residue of his chattels besides his estover may remain to the King with the year and day of his lands but if he be acquit his chattels shall be restored Vide Rast Forfeiture 7. VI. Stat. 31 E. 3. Stat. 1.3 If any charged with the goods of fugitives and felons will in discharge of himself alledge another that is chargeable therewith he shall be heard and right shall be done him VII Stat. 34 E. 3.12 There shall be no forfeiture of lands for treason of dead persons not attainted in their lives VIII Stat. 1 R. 3.3 None shall seize the goods of any arrested for suspition of felony before he be convict or attainted thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by Action of debt c. wherin no essoin c. shall be allowed IX Stat. 11 H. 7.1 None that attends upon the King for the time being in his person and doth him faithful service of Allegiance in his wars within the Realm or without or is in other places at his common shall be convict or attainted of High Treason or any other offence for so doing whereby he may forfeit any thing but shall be clearly discharged of all vexation and loss which he may incur by reason of the same And if any Act or process of Law hereafter happen to be made thereupon it shall be void Provided that none shall take benefit by this Act which shall hereafter decline from his Allegiance X. Stat. 24 H. 8.5 If any be indicted or appealed for the death of one attempting to murther rob or commit burglary and so found by verdict he shall forfeit no lands or goods for the same but shall be fully acquit and discharged thereof ☞ Forger of false Deeds * I. Stat. 5 El. 14. If any alone or with others shall wittingly subtilly and falsly forge or make or cause to be forged or made any false Deed Charter or writing sealed Court-Roll or Will in writing to the intent that the free-hold or inheritance of lands or the right or title thereof may be troubled defeated or charged or shall publish or shew forth in evidence any such forged writing as true knowing the same to be false and forged and shall be thereof convicted upon an Action of Forger of false Deeds to be founded upon this Statute at the suit of the party grieved or otherwise shall pay to the party grieved double costs and dammages to be assessed in the Court where such conviction shall be shall be set upon the Pillory in some Market-town or other open place and there have both his Ears cut off and also his nostrils slit and feared with an hot iron he shall also forfeit to the Queen her heirs and successors the Issues of his lands and suffer perpetual imprisonment during his life and the said costs and dammages shall be fist levied upon the goods and issues of the lands of the offender notwithstanding the Queen's title thereunto II. For such forging c. of a lease for years of lands not Copy-hold or of an Annuity Obligation Bill Acquittance Release or other discharge of any personal thing the offender shall pay double costs to the party grieved to be assessed as before be set upon the Pillory lose one of his ears and suffer a years imprisonment without bail III. The party grieved may have his remedy for his double costs and dammages by original writ out of the Chancery as in case of trespass by bill in the King's Bench or in the Exchequer in which suit no essoin c. shall be allowed IV. Howbeit he that is once punished for his offence shall not after be impeached for the same and albeit the Plaintiffs release or discontinuance of suit may discharge his own remedy yet the rest of the punishment shall be nevertheless inflicted by judgment and command of the Court. V. The second offence is felony without Clergy whereof the offender being convicted or attainted he shall forfeit his lands and goods as other cases of felony saving to all other persons their right c. neither shall such conviction or attainder extend to loss of Dower or disherison of heir VI. Provided this Act shall not extend to charge any Ordinary Commissary or Official for putting their seal of Office to any will not knowing the same to be forged nor for writing such a will or the probate thereof VII Justices of Oyer and Terminer and Assize in their Sessions shall hear and determine these offences VIII Provided this Act shall not extend to any Proctor Advocate or Register for writing setting forth or pleading of any Proxie for the apparence of any person cited to appear in the Ecclesiastical Court nor to any Arch-deacon or Official for putting their seal to such Proxie nor to any Ecclesiastical Judge for admitting the same nor to any Attorney or Counsellor for pleading or giving in evidence any such forged writing being nor party nor privy thereunto nor to any person that shall plead or shew forth any writing
De Tallagio non concedendo Tempore E. 1. cap. 4. All persons shall have their laws liberties and free customs as largely as they have used to have them when they had them best And if any Statutes or Customs have been made or brought in by us or our Predecessors or if any article contained in this Charter be found contrary thereunto they shall be void VIII Stat. 1 E. 3. Stat. 2.4 All Cities Burroughs and franchised Towns shall injoy all their franchises customs and usages as they ought and were wont to do IX Stat. 14 E. 3. Stat. 1. cap. 1. Holy Church shall have her liberties in quietness The great Charter and that of the Forest shall be holden in all points and the City of London and all other Cities and Burroughs shall injoy all their Franchises and Customs which they have reasonably had and used in times past X. Stat. 25 E. 3. Stat. 3.1 All priviledges and franchises heretofore granted to the Clergy are confirmed and shall be holden in all points XI Stat. 6 R. 2. Stat. 1.1 The Church of England shall have all her liberties whole and unhurt and the same shall fully injoy and use XII Stat. 7 R. 2.1 Holy Church shall injoy all their liberties and franchises as she had them in the time of the King's Progenitors The like is granted in 2 R. 2.1 3 R. 2.1 5 R. 2.2.1 12 R. 2.1 1 H. 4.1 XIII Stat. 2 H. 4.1 The Church shall have her rights and liberties All Lords spiritual and temporal Cities Burroughs and Towns enfranchised shall injoy their liberties and franchises which they have lawfully used or have had by the grant of the King's predecessors Kings of England Vide 9 H. 4.1 13 H. 4.1 3 H. 5.1 and 2 H. 6.1 which are in effect the same save that they except such Franchises as are repealed or repealable by the Common-Law XIV Stat. 27 H. 8.24 None but the King shall have power to pardon treason or felony or such as are accessary to or outlawed for the same notwithstanding any Grant Usage Prescription Act or other thing to the contrary XV. None shall make Justices in Eyre of Assize Peace or Gaol-delivery but only the King and that by his Letters patents under the great Seal and notwithstanding any grant c. XVI All Writs Indictments and Processes in every County Palatine or other liberty shall be made in the King's name Teste the owner of such County Palatine or liberty and here in every such writ and indictment of any offence against the Peace it shall be supposed to be done against the King's Peace and not against the peace of any other person notwithstanding any Grant c. XVII Provided that Justices of Assize Gaol-delivery and Peace in the County Palatine of Lancaster shall be so made under the King 's usual seal of Lancaster notwithstanding any Act. XVIII Provided also that Corporations which have power to have Justices of Peace and Gaol-delivery may have them still notwithstanding this Act. XIX Stewards Bailiffs and other Ministers of Liberties shall attend the Justices of Assize Gaol-delivery and Peace and make due execution of Processes to them directed within their liberties and the Bailiffs there or their Deputies shall also attend and assist the Sheriff at the Gaol-delivery for execution of prisoners XX. Provided that the last clause shall not be prejudicial to any Stewards or Bailiffs of Corporations which are not compellable to attend or appear out of their Corporations XXI The King shall have the fines issues amerciaments and forfeitures which shall be set upon or lost by Stewards Bailiffs or other Ministers of Liberties notwithstanding any grant c. And amerciament for insufficient returns made by such Stewards or Bailiffs shall be set upon their heads and not upon the Sheriffs XXII Purveyors may take provision within liberties notwithstanding any grant c. Provided such purveyors observe the Statutes made for them in that behalf XXIII The King's officers may keep their Courts within the Verge and his Clerk of the Market onely shall execute his Office there notwithstanding any Liberty but London XXIV All Statutes made against Sheriffs Under-Sheriffs Bailiffs or other Ministers for any misdemeanour concerning their Offices shall extend to Stewards Bailiffs and other Ministers of Liberties XXV Stewards and Bailiffs of Liberties and their Deputies and Clerks may execute their office above a year notwithstanding this last clause XXVI All such Justices to be made as is aforesaid rehearsed in this Act shall have power to hold their Sessions of Peace and to deliver the Gaols within their liberties and to execute all other things within the same in as ample manner as other Justices of Peace and Gaol-delivery do in any Shire notwithstanding any Act Grant c. XXVII The new Justices now to be made by the King within Liberties shall sit where such Justices have commonly used to sit before and none within the said Liberties shall be compellable to appear before any other Justices of the same Liberties XXVIII Sir Thomas Englefield now Justice of Chester annd Flint shall not be prejudiced by this Act. XXIX This Act shall not be prejudicial to Corporations but they shall injoy such liberties fines issues amerciaments and forfeitures as they did before the making thereof XXX The Bishop of Ely and his Steward for the time being shall be Justice of Peace within the same Isle notwithstanding this Act so also shall the Bishop of Durrham and his Chanceller in that County Palatine and the Bishop of York and his Chancellor of Hexam within that Precinct XXXI Stat. 32 H. 8.20 The same franchises that the late owners of Religious houses had within three moneths before their dissolutions shall be revived and be actually in the King and in the survey of the Court of Augmentations and the Stewards Bailiffs and Ministers thereof shall account there as other Officers accountants of the King in that Court have done XXXII The Franchises of the late Religious houses which have come to the King's hands by attainder shall be in the order of the Court of general Surveyors and the Stewards Bailiffs and other Ministers thereof shall account there as other officers accountants of the King in that Court have done XXXIII The said Stewards and other Officers shall be attendant and obedient in all other the King's Courts as the officers of the said late owners were and no Sheriff or other forein officers shall intromit into their Liberties in any other manner then they lawfully might have done before the said Franchises came into the King's possession XXXIV Every person may use all such liberties as he hath by the King's grant or otherwise notwithstanding this Act also the offices fees annuities and profits of all persons out of any of the lands of the said Religious houses are saved XXXV Fines may be levied in the Court of Augmentations of lands within that Survey to the King's use without fee and the Justices of the Common Pleas
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
Church-warden and one of the Overseers of the poor of the place where they inhabite and such working in Harvest or falling sick shall not be accounted a settlement and if such persons refuse to go and shall not remain in the Parish where they ought to be setled any two Justices of the Peace where the offence is committed may send them to the house of Correction as Vagabonds or to the publick Work-house there to labour XXXIII There shall be one or more Corporations in London and Westminster the Counties of Middlesex and Survey lying within the Parishes in the Weekly Bills of Mortality consisting of a President Deputy-President and Treasurer And the Lord Mayor President and Aldermen to be Assistants of the Corporation or Work-Houses of London and 52 Citizens to be chosen by the Common-council of the said City who may elect a Deputy-President and Treasurer and other Officers for execution of this Act. XXXIV A President and Deputy-President and Treasurer and Assistants for the City of Westminster to be chosen by the Lord-Chancellor or Lord-Keeper XXXV If Justices of the Peace of Middlesex and Surrey respectively in their Quarter-Sessions may chuse Presidents Deputy-Presidents Treasurer and Assistants for their respective Corporations and Work-houses And the Officers to give accounts in writing at every Quarter-Sessions XXXVI The said respective Presidents c. Incorporated and may sue plead or be sued by the name of President and Governort for the poor of the said respective places and every of the said Corporations may purchase or have Lands not exceeding the value of 3000 l. per annum without Licence XXXVII The said respective Corporations or any 7 of them have power to meet and keep Courts for the purposes in this Act expressed at such time and place as the President his Deputy or the Treasurer shall appoint who are to warn a Court at the desire of any four of the said Corporation and have power to appoint a common Seal for the use of the said Corporation XXXVIII The respective Presidents and Governors of the said Corporations or two of them or any person appointed may apprehend Rogues Vagrants sturdy beggars or idle and disorderly persons within their respective limits and places and cause them to be set and kept to work and the Justices of the Peace in their Quarter-Sessions may signify the names of such Rogues Vagrants c. to the Kings Privy Council as they shall think fit to be transported to English Plantations upon approbation of which to the said Justices signified any 2 of the said Justices may cause them to be transported from time to time during the space of three years next ensuing the end of this present Session of Parliament to any English Plantation beyond Sea there to be disposed as servants for a term not exceeding 7 years XXXIX Upon certificate from the respective Corporations of want of stock to the City of London The Common-council of the said City and respective Justices at the Sessions may ascertain a sum not exceeding a rate of one years proportion to the poor And thereupon the Aldermen Deputies and Common-council-men of every Ward in London and the Burgesses and Justices of the Peace in VVestminster and Justices of the Peace in Middlesex and Surrey shall equally rate the Inhabitants at and upon complaint by any person of being unequally rated he may be relieved at the next Quarter-Sessions XL. Any Alderman of London or his Deputy or the Burgesses and Justices of the Peace of the City of Westminster and Liberties thereof or any two Justices of Peace of Middlesex and Surrey by Warrant under their hands and Seals may authorize the Church-wardens or Overseers for the poor to demand and gather the several sums assessed And for default of payment within 10 dayes after demand or notice left in writing at the dwelling house or lodging of the persons assessed to levy the same by Distress and Sale of their goods restoring the over-plus to the party distreined XLI All stocks formerly raised for the poor and in the hands of a Corporation for the poor in London shall be paid to the Treasurers of the said Corporation made by this Act and all that have any stocks or Lands in their hands for that purpose shall be accountable to the said Treasurers or such as shall be appointed by them or any 7 of them Provided all just expences be allowed them XLII The respective Presidents and Governors or 7 of them may make Orders and By-Laws for releiving regulating and setting the poor to work apprehending and punishing Rogues and Vagabonds within their several limits Provided the said By-Laws be presented to and confirmed by the Justices of the Peace at their Quarter-Sessions XLIII The President and Governors or any 14 of them may choose and entertain Officers and others needful to be imployed abouâ— the stock or revenue belonging to the Corporation And all Sheriffs and Officers to be aiding to them in the execution of the powers by this Act. XLIV Two Justices of the Peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the Parish and if for want of holding Leets they continue above the year they may be discharged at the Sessions and others put in XLV Every Justice of Peace may reward any persons that apprehend and bring before them any Rogue Vagabond or sturdy Beggar by granting an Order or Warrant under his hand and Seal to the Constable of the Parish which such Rogue c. passed through unapprehended for payment of 2 s. for every Rogue so apprehended and upon default of payment to proceed against such defaulter according to the Statute 1 Jac. cap. 7. and to allow out of the said Forfeiture the said 2 s. and allowance for loss of time as they shall think fit XLVI If any person shall apprehend a Rogue Vagabond or sturdy Beggar at the confines of any County which passed through another County unapprehended he may go to some Justice of the Peace of the County through which such Rogue or Vagabond passed unapprehended who upon certificate under the hand of some Justice of the Peace of the County where such Rogue was apprehended shall grant his order or warrant under his hand and seal to the Constable to pay unto such persons 2 s. and what he thinks fit for expences and loss of time and upon refusal to proceed against such Constable for the forfeitures by the Statute of 39 El. cap. 4. XLVII Constables Headboroughs and Tythingmen out of purse with the Church-wardens and Overseers of the poor and other Inhabitants of the Parish may make rates upon all occupiers of lands and Inhabitants and all others chargable by the Statute 42 El. to the Poor which being confirmed under the hands and seals of two Justices of the Peace may be levyed by their warrant by distress and sale of the refusers goods XLVIII Putative fathers of Bastard children leaving their children upon
H. 4.3 and 4. Religious persons purchasing Bulls from the Pope to be exempted from obedience or tithes shall incur a praemunire X. Stat. 7. H. 4.8 No provision shall be made by the Pope nor license or pardon by the King touching any Benefice then full of an Incumbent XI Stat. 3. H. 5.4 All Provisions made by the Pope and licences or pardons by the King touching any Benefices full of an Incumbent shall be void and the provisors thereof shall incur a pramunire ☞ Purprestures I. Stat. De Bigamis 4. E. 1. Purprestures or usurpatrons upon the King shall be reseised and if any complain of such reseisures h◠shall be heard and have right done him ☞ Purveyors * I. Magna Carta 21. 9. H. 3. No Sherrif or Bailiff of the King or any other shall take any Horses or Carts of any man to make carriage except they pay for carriage with two Horses after the rate of 10 d. a day and with three 14 d. a day II. No Demesne Cart of any Spiritual person Lord or Knight shall be taken for carriage by the Kings Bailiffs Neither shall any wood be taken for the Kings use without the owners license III. Stat. De Tallagio nonconcedendo Tempore H. 3. vel E. 1. None of the Kings Ministers shall take any Corn Hides or any other goods without the owners consent IV. West 1.31 3. E. 1. Purveyors who take any thing for the Kings use upon credit shall immediately after they shall have received money of the King satisfie the Creditor in pain to have the same together with damages levied of their lands and goods and also to make fine for the trespass And if they have neither lands not goods they shall suffer imprisonment at the Kings will V. None shall take more Horses or Carts for the Kings use then need requires Nor take a reward to excuse any in pain to be punished by the Marshals if he be of the Court and if not being thereof attainted to pay treble damages and to remain in the Kings prison 40 dayes VI. Artic. super Cart. 2. 28. E. 1. None but the Kings Purveyors shall take any prices and they only for the use of his House paying or agreeing with the party for the same if the prices taken be meat drink or such other mean things VII Purveyors shall before they take any goods shew their Warrant to the owner which Warrant shall be under the great or petty Seal declaring also their authority and the goods whereof they are to make purveyance neither shall they take any more then need requires VIII Purveyors shall not take any thing for such as are in wages nor for any other but shall make full answer in the Kings House and in the Wardrobe for all things taken by them without making their larges elsewhere or liveries of such things as they have taken for the King IX A Purveyor upon complaint made to the Steward or Treasurer of the Kings House being attainted to have offended in the premisses shall forthwith agree with the party grieved be put out of the Kings Service for ever and remain in prison at the Kings pleasure X. If a Purveyor be attainted to have taken any thing without Warrant he shall be conveyed to the next Goal and suffer as a Felon if the value of the goods do so require XI Concerning prices made in Fairs good Towns and Ports for the Kings great Wardrobe the Purveyors shall have their common Warrant under the Great Seal XII This Act shall not diminish the Kings right to ancient prices due and accustomed as of Wines and other goods See this Statute confirmed by 18. E. 2.2 4. E. 3.4 and 25. E. 3.1 XIII Stat. 4. E. 3 3. No purveyance shall be made but only for the Houses of the King Queen or their Children XIV Purveyance made for those Houses shall be taken by ordinary striked measure and prized at the true value by the Constable and other good men of the place according to their Oath and without threats or dures for which express payment shall be made before the Kings departure out of that Verge See this Statute confirmed 10 E. 3.1 XV. Stat. 5. E. 3.2 Purveyances for the Houses of the King Queen and their Children shall be made without menace by the Constables and four disereet men of the place where they are to be taken who shall also be thereto sworn And Talley of the goods so taken shall be strook betwixt the Purveyors and the owners thereof in the presence of those Constable and apprizers under the Seals of the said Purveyors according to which the owners shall be afterwards paid And if a Purveyor shall be attainted to have taken any thing otherwise then is limited by this Statute he shall be imprisoned and suffer as a Felon if the value of the goods require it And in every Warrant of Purveyance the form and penalty of this Statute shall be inserted See 10 E. 3.1 and 25 E. 3.1 to the like effect XVI Stat. 14. E. 3. Stat. 3.1 Spiritual persons goods shall not be taken by Purveyors nor their Houses charged with Horses Dogs Hawks or the like without their consent and good liking XVII Stat. 13 E. 3.19 Stat. 1. The Kings Purveyors shall take nothing without the owners consent and shall pay for what they take before the Kings departure out of that Verge And if they attempt to do any thing against this Statute by colour of their Commission no man is bound to obey them XVIII For the purveyance of Towns and Castles in Scotland and England Merchants shall be appointed by the Treasurers without Commission but none shall be compelled to sell any thing against their will XIX The Sheriff shall make purveyance for a certain number of the Kings Horses and Dogs out of the issue of his Bailiwick XX. The Countrey shall not be charged with any more persons then are necessary to keep those Horses v z. for every Horse a servant without bringing Women Pages or Dogs with them XXI Stat. 18. E. 3.4 In Commissions of purveyance the fees of the Church shall be excepted XXII Stat. 25. E. 3. Stat. 5.6 No Purveyor shall take any Timber growing about a mans house in pain of one years imprisonment and the losse of his Office XXIII Stat. 25. E. 3. Stat. 5.15 No Purveyor shall take more sheep for the Kings House before Sheer-day then shall be needfull in pain to suffer as a Felon and this penalty shall be inserted in every Commission of Purveyance XXIV Stat. 28. E. 3.12 When the value of the purveyance exceeds not 20 s. present payment shall be made for it within one quarter of a year after upon a certain day and at a place convenient for the party that is to receive it XXV Stat. 34. E. 3.2 No purveyance shall be hereafter made save only for the King Queen and Prince XXVI Stat. 34. E. 3.3 As concerning parveyances for the Queen or Prince present payment shall be made
tendred or shall perswade any other to forbear the taking the same so tendred or shall go about by Printing writing or otherwise to maintain That the taking of an Oath in any case whatsoever is unlawful And persons called Quakers may not assemble themselves together above 5 in number of the age of 16 years or more under pretence of Religious Worship upon penalty for the first Offence upon conviction by verdict or confession a fine not exceeding 5 l. The second offence 10. l. upon every offendor To be levyed by Warrant of the parties before whom the conviction shall be and for want of distress and non-payment within one week after conviction for the first offence Imprisonment or house of Correction three Months the second offence six Months which penalties shall be imployed for the maintaining the house of Correction II. The third offence and conviction the party offending shall abjure the Realm or otherwise the King may give order to transport the offendor to any of his Majesties Plantations beyond the Seas III. Justices of Oyer and Terminer Assise Goal-delivery and Justices of the Peace in open Sessions may hear and determine the said offences within their respective limits IV. Any Justice of the Peace Mayor or chief Officer of a Corporation may commit to the Goal or bind over persons with suffient sure ties in order to their conviction V. Such persons as after conviction shall take such Oaths for which they stand committed and give security to forbear meeting in any such unlawful assembly shall be discharged of all the said penalties VI. A Lord of Parliament for every third offence within this Act shall be tryed by Peers Queen I. Stat. 1. M. Parl. 2.1 ALL Regal power of this Realm and all dignities and preheminences thereunto belonging shall be as well in a Queen as in a King Quod Permittat I. West 2.24 13 E. 1. In like manner as a Parson of a Church may recover common of pasture by a writ of Novel disseisin so his successor shall have a Quod permittat against the Disseisor or his heir though there was never such a Writ granted out of the Chancery before ☞ Rape * I. West 1.13 3 E. 1. NOne shall ravish or take away by force any Maid within age neither by or without her consent nor any Wife or Maid of full age nor any other woman against her will II. Here any person may sue within 40 dayes but if not then the King shall have the suit and such as be found culpable shall suffer two years imprisonment and make fine at the Kings will and if they have not whereof they shall be punished by longer imprisonment as the trespass requireth III. West 2.34 13 E. 1. If a man ravish a Woman married Maid or other where she did not consent neither before nor after he shall have judgment of life and member IV. Where a man ravished a woman married Lady Damosel or other albeit she confent after yet he being attainted thereof shall have like judgment as before and here the King shall have the suit V. Of women-carried away with the goods of their husbands the King shall have the suit for the goods so taken away VI. If a woman willingly leave her husband and go away and continue with her Advowterer she shall be barred for ever of action to demand her Dower unless her husband willingly and without coertion of the Church reconcile her and suffer her to dwell with him VII None shall carry away a Nun from her house ableit she consent in pain to suffer three years Imprisonment and to make satisfaction to the house and fine to the King VIII Stat. 6 R. 2.3 Both the Ravisher and Ravished where she consents after the fact are disabled to have or challenge any Inheritance Dower or joynt estate after the death of their Husband or Ancestor IX In an appeal of Rape the Husband Father or next of the bloud shall have the suit and the Defendant shall not be received to wage battel Reasonable Aid I. West 1. 35. E. 1. and 25 E. 3. Stat. 5.11 Reasonable Aid to make the Kings eldest Son a Knight and to marry his eldest Daughter shall be for a Knights fee holden of the King without mean 20 s. and every 20 l. land in soccage shall pay as much and so more or less according to that rate And it shall be levied at 15 years age of the Son and 7 years of the Daughter Here if the Father levy it and dye and before the marriage of the Daughter the Fathers executors shall be charged therewith and if they have not assets the heir shall be therewith charged Receivers I. Stat. 34 H. 8.2 All Collectors of Fifteens and Subsidies or other tax or loan and all particular and general Receivers of the Kings revenues shall within three months after the same are due and by them received truly pay them unto the Kings use in pain to lose their Offices and also to forfeit 4 s. for every pound so received and not paid in as aforesaid to be recovered by Bill Plaint or Action of Debt at the Kings suit Howbeit lawful tender thereof within the said time shall excuse the said penalties albeit they be not then received by the proper Officer by reason of other occafions II. Provided that the heir of any such Collector or Receiver shall not be charged by reason of this Act but only in lands which descend in fee-simple or fee-tail or which have been conveyed unto him by collusion from such Collector or Receiver neither shall their executors or administrators be otherwise charged for the same then as they are chargeable by the Common Law in action of debt commenced against them as Executors or Administrators III. The heir being charged shall have remedy against the Executors or Administrators of his Father or Ancestor and shall have execution of such goods and chattels as remain in their hands at the time of the Action brought IV. This Act shall not extend to the Collectors of the Custome or of Tunnage and Poundage nor to restrain the payment of pensions fees annuities rents or other allowances to be paid by the said Receivers according to the several allowances thereof V. Stat. 7 E. 6.1 Every Treasurer general and particular Receiver Bailiff and Minister Accomptant to the King shall before his entry upon the Office be bound with surety or sureties for his true account and payment in pain to lose his Office VI. Every such Receiver his Deputy or Deputies shall yearly make Precepts to the several Collectors Ministers and Bailiffs accountant within the circuit of his Office charging them thereby personally to appear before him or by their Deputy or Deputies for whom they will answer within the County where such Offices do lye at a certain day and place in the said Precept to be limited to pay in such moneys as shall be due within their Collections to the King at or before Easter which Precept shall be delivered
Mercatoribus 13 E. 1. The Merchant shall cause his Debtor to come before the Mayor of London or before some chief Warden of a City or other good Town where the King shall appoint and before the Mayor or chief Warden or other discreet men chosen and sworn thereto when the Mayor or chief Warden cannot attend and before one of the Clerks that the King shall thereto assign when both cannot attend and to acknowledg the Debt and Day of payment which recognisance shall be enrolled by one of the said Clerks hands being known and the Roll shall be double whereof one part shall remain with the Mayor or chief Warden and the other with the said Clerk IX Then one of the Clerks shall write an Obligation whereunto the Seal of the Debtor shall be put together with the Kings Seal provided for that purpose which Seal shall have two pieces whereof one part shall remain with the Mayor or chief Warden and the other with the aforesaid Clerk X. If the debt be not paid at the day upon the Merchants accompt the Mayor or chief Warden shall cause the Debtor to be imprisoned if he be Lay and in their power there to remain at his own costs untill he have agreed the debt And the Keeper of the Prison there shall receive him in pain to answer the debt himself or if he be not able he that committed the Prison to his keeping XI If the Debtor connot be found by the Mayor or chief Warden they shall send the Recognisance under the Kings Seal into the Chancery from whence shall issue a Writ to the Sheriff of the County where the Debtor is to take his body if he be Lay and safely to keep him in prison untill he agree the debt And within a quarter of a year after he is so taken his goods and lands shall be delivered unto him to the end he may pay the debt within which time the sale of his lands shall be good XII If he do not satisfie the debt within that quarter all his lands and goods shall be delivered to the Merchants by a reasonable extent to hold them untill the debt be wholly levied nevertheless his body shall still remain in Prison and the Merchant shall find him bread and water XIII The Merchant or his assigns shall have such Seisin in the said lands that he may maintain a Writ of Novel Disseisin if he be put out and a re-disseisin also as of a freehold to him and his assigns untill the debt be paid but when the debt is levied the body of the Debtor shall be delivered together with his lands XIV In the Writ awarded by the Chancellor the Sheriff shall be directed to certifie the Justices of one of the Benches at a certain day how he hath performed the service and then the Merchant shall sue before the said Justices if he be not satisfied XV. If the Sheriff make no return of the Writ or return a tardt or that he hath directed to the Bailiff of some Franchise the Justice shall proceed according to the Statute of Westminster 2. Chap. 39. which see in return of Sheriffs and Bailiffs XVI If the Sheriff return a Non est inventus or that he is a Clerk the Merchant shall have Writs to all the Sheriffs where he hath any land that they shall deliver him all the goods and lands of the Debtor by a reasonable extent to hold to him and his assigns in form aforesaid nevertheless he may also have a Writ to what Sheriff he will to take his body if he be Lay and to detain him in manner aforesaid and then the Keeper must answer the body or the debt but yet the Debtor may sell the lands so the Merchant be not damnified by the appraisement XVII Here the Merchant shall be always allowed their damages and all necessary and reasonable costs for their labours suits delays and expences XVIII If the Debtor have sureties the like course shall be taken against them as is above limited to be taken against the principal Debtor XIX All the lands in the hands of the Debtor at the time of the Recognisance acknowledged are chargeable in whose hands soever they come afterwards but after the debt satissied they shall return to the Grantees as also the rest to the debtor XX. If the debtor or his sureties die he Merchant shall not take the body of his heir but shall have his lands as aforesaid if he be of age or at his full age untill he hath levied his debr XXI There shall be also another Seal provided that shall serve for Fairs and shall be sent to every Fair under the Kings Seal by a Clerk sworn or by a keeper of the Fair. XXII Of the Communalty of London there shall betwo Merchants chosen and sworn and the Seal shall be opened before them whereof one piece shall be delivered to the said Merchants and the other shall remain with the Clerk XXIII Before these Merchants or one of them the Recognisances shall be taken and before they be enrolled the pain of the Statute shall be openly read before the Debtor that he may not afterwards excuse himself by ignorance of the said pain XXIV For the Clerks maintenance the King shall take a peny for every pound where the Seal is except in Fairs and there peny half peny XXV This Act shall be from henceforth observed throughout England and Ireland between any that will make Recognisances except Jews to whom it dothnot extend XXVI By this Statute the Writ of Debt shall not be abated neither shall the Chancellor Justice of either Bench or Justices Errants be hereby estopped to take recognisances of debts before them acknowledged and to issue execution thereupon as hath heretofore been used XXVII Breve fundatum super Statutum praedictum Rex Vic. salutem Quia coram tali Majore vel Custode talis villae vel coram Custode sigilli nostri de Mercatoribus in nundinis de tali loco tali clerico nostro A. Recognovit debere B. tantum quod solvisse debuit tall die tali anno quod idem B. Nondum solvit ut dicit Tibi praecipimus quod corpus praedicti A. si laicus sil capias in prisona nostra salio custedirifacias quousque de praedicto debito satisfecerit qualiter hoc praeceptum nostrum fueris exccutus scire facias Justiciariis nostris apud Westm per literas tuas sigillatas babeas ibi hoc breve Teste c. XXVIII Stat. 14 E. 3.11 The Clerk of the Statute shall be resident upon his Office and shall have lands sufficient in the same County whereof he may answer to all persons if he offend XXIX Stat. 8 R. 2.4 No Judge or Clerk shall make any false entry of Pleas rase any Roll or change any Verdict in pain to be punished by fine and ransome at the Kings will XXX Stat. 5 H. 4.12 When a Statute-Merchant hath been certified into the Chancery and
the Countrey shall have but fourty dayes given them to agree for the robbery or offence otherwise they are to answer for the bodies of such offenders VI. Cap. 4. In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town from nine a clock until day unless his Host will answer for him for which purpose the Bailiffs of the Towns shall make search once every fortnight at least and if they find any suspitious person lodged without the Town against the Peace they shall do right therein Again betwixt Asceasion-day and Michaelmas watch shall be kept all night from Sun-set till Sun-rising viz. in a City with 6 men at every gate in a Burrough with 12 men and in every Town with 6 or 4 men according to the number of the inhabitants there if any stranger pass by them he shall be arrested untill the morning when if they have no suspition of him they shall let him go quit but if otherwise they shall deliver him to the Sheriff to be safely kept untill he be duly acquitted And here if he will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a stranger none shall be punished VII Cap. 5. High-wayes leading from Market to Market shall be so enlarged that there shall not be any dike tree or Bush within 200 foot thereof Howbeit this Act shall not extend to great Trees Here if by default of the Lord in not removing his dike under-wood or Bushes any robbery be here committed he shall be answerable for the same and if there be murder committed the Lord shall make fine at the Kings will And in case the Lord be not able to fell the Under-woods the Countrey shall help him The Kings Demesne Lands and Forests shall be also subject to this Law and if a Park be set too near the High-way the Pale thereof shall be removed to the distance aforesaid VIII Cap. 6. Pars inde Two Constables shall be chosen in every Hundred and Franchise who shall present to the Justices assigned such defaults as they shall find in the Countrey concerning suits watches and high-wayes and also such persons as lodg strangers in uplandish Towns for whom they shall not answer And the Justices assigned shall present them at the Parliament to the King who will provide remedy therein Also Sheriffs and Bailiffs of Franchises are straightly commanded to follow the Cry with the Countrey and to keep Horse and Arms to perform the same in pain to be presented by the Constables to the Justices assigned and by them to the King as aforesaid IX Artic. super Cart. 17. 28 E. 1. The Statute of Winchester shall be again sent into every County to be read and published four times in the year and to be kept as strictly as the Great Charters upon the pains therein limited And for the better observance thereof the Knights assigned in the Counties to redress things done against the Great Charter shall be likewise charged with this and have Warrant for the same accordingly X. Stat. 5 E. 3.14 If any have suspition of night-walkers or other suspitious persons then called Robertsmen Wastors and Draw-latches by day or night they shall be presently arrested by the Constables and if it be in a Franchise they shall be delivered to the Bailiffs but if in a Guildable then to the Sheriff and shall be kept in prison till the coming of the Justices to deliver the Goal and in the mean time the Sheriff or Bailiff shall enquire of such arrests and return their Enquests before the Justices at their coming together with the cause of their taking whereupon the Justices shall proceed to their deliverance according to Law and here if the Sheriff or Bailiff neglect to enquire they shall be amerced and nevertheless the Justices shall make enquiry and proceed to the deliverance XI Stat. 28 E. 3.11 The Statute of Winchester cap. 1. 2. 13 E. 1. is confirmed being in a manner the same with that word for word XII Stat. 7 R. 26. The Statute of Winchester is again confirmed and it shall be proclaimed four times a year by the Sheriff himself in person in every Hundred and in every Market by the Bailiffs thereof XIII Stat. 27 El. 13. The Hundred where fresh suit shall cease shall answer half the the damages to the Hundred wherein the Felony shall be commited to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit XIV When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1. Qu. dwelling within or near the same Hundred shall for the levying thereof set a tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular inhabitants and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them XV. No Hundred shall be chargeable when any one of the malefactors shall be apprehended or when the action is not prosecuted within one year after the Robbery committed XVI No Hue and Cry shall be deemed legal unless the pursuit be both by horse and foot XVII No person robbed shall maintain an action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within twenty days before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to the law XVIII Stat. 39 El. 25. A remedy for the inhabitants of the Hundred of Henhurst in the County of Berks for recovery of such sums of money as shall be gained from them by force of the Statute of 22 El. 11. XIX Stat. 14 Car. 2. cap. 22. For preventing Theft and Rapine by leud persons called Mess-Troopers frequenting the Borders of Northumberland Cumberland and the adjacent parts of Scotland The Inhabitants of the said two Counties may be charged for five years by the Justices of the Peace for resistance of the said Moss-Troopers XX. Provided not to charge Northumberland above 500 l. per annum and Cumberland above 200 l. per annum And the said Justices may apâ—oint men not exceeding 30 for Northumberland and 12 for Cumberland for searching for and apprehending the said malefactors and may issue Warrant for collecting the assessments and every Justice of the Peace may examine offences against this Act and bind over the offenders to Sessions
in the mean time it be superseded XXXIV Stat. 1 M. Parliament 2. Cap. 11. The Statute of 23 H. 8.5 and all Commissions of Sewers shall extend and give authority that the Commissioners therein named for the County of Glamorgan or six of them whereof three to be of the Quorum shall by this Act and the said Statute of H. 8. and Commission have power to make Laws Ordinances and Decrees within the said County for the redress and saving of grounds there from hurt and destruction by reason of sand rising out of the Sea and driven to land by storms and winds as they may do by the said former Act and Commission for avoiding the outragious course and rage of the Sea and other waters XXXV Stat. 13 El. 9. All Commissions of Sewers shall continue in force for ten years after the date thereof unless they be repealed by a new Commission or a Supersedeas XXXVI All Laws Ordinances and Constitutions duly made according to the Statute of 23 H. 8.5 and written in parchment indented under the Seals of the Commissioners or six of them whereof one part shall remain with the Clerk of the Commission and the other in such place as the Commissioners or six of them shall appoint shall without any Certificate to be made into the Chancery and without the Kings assent continue in force notwithstanding any determination of such Commission by Supersedeas untill the same Laws Ordinances and Constitutions shall be altered repealed or made void by Commissioners afterwards assigned XXXVII After the end of ten years next after the Teste of a Commission all Laws Ordinances and Constitutions made by vertue thereof and written in parchment indented and sealed as aforesaid shall notwithstanding such determination of the Commission continue in force one whole year after the said ten years during which time the Justices of Peace of the County or Counties whither it is directed or six of them two Quorum have power to execute such Commission and Law c. as fully as the Commissioners themselves unless in the interim a new Commission be sent forth XXXVIII No Farmer for years of any Lands c. lying within the limits of the Commission which shall be chargeable with any Laws c. made by vertue of any such Commission wherein he shall be a Commissioner not having an Estate of Freehold in England worth 40 l. per annum shall have any power to sit or intermeddle with any such Commission during the time he shall be Farmer and not have Freehold as aforesaid but every such Commission as to him only shall be adjudged void XXXIX There shall be no certificate or return of the Commission or of any of their Laws Ordinances or doings by vertue thereof XL. The Clerk of the Commission shall yearly estreat all issues fines penalties forfeitures and amerciaments due and answerable to the Queen her heirs and successors and shall yearly deliver them into the Exchequer as Justices of Peace ought to do by vertue of their Commission in pain of 5 l. XLI Provided that the abovesaid Farmer may act in the Commission as concerning all other Lands save only the Lands whereof he is so Farmer as aforesaid XLII Stat. 3 Jac. 14. All Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses within two miles of London having their fall into Thames shall be subject to the Commission of Sewers and to all Statutes made for Sewers and to all penalties in the said Statutes contained XLIII Stat. 12 Car. 2. cap. 6. Commissioners of the Sewers to be made by the Lord Chancellor and others pro hac vice there being no Lord Treasurer nor Chief Justice of either Bench according as by the Stat. 23 H. 8. cap. 5. is appointed to joyn herein ☞ Sheep * I. Stat. 3 H. 6.2 None shall transport Sheep beyond Sea without the Kings license in pain to forfeit them or the value thereof * II. Stat. 25 H. 8.13 None shall keep in his own possession at any one time above two thousand Sheep in pain to forfeit for every Sheep kept above that number 3 s. 4 d. to be prosecuted for a subject within one year and for the King within three but here Lambs shall not be accounted as Sheep till Midsummer twelve moneth after their fall III. If any happen to have more Sheep than two thousand by reason of any Executorship or marriage they shall not be impeached by this Law so that within one year after they put off so many that at the end of that year they may not have above two thousand Neither shall a child during his nonage nor any person for him be endamaged by this Act which child shall have by legacy above two thousand Sheep given him IV. Justices of Peace have power to hear and determine the offences committed against this Act but shall not set a less fine then is limited by the same V. Every temporal Subject may keep upon his own Demesne lands as many Sheep as he will or for the maintenance of his house above the number of two thousand notwithstanding this Act. VI. How Foulds courses and quillets of lands in Norfolk and Suffolk shall be used and to which quillets this Statute shall extend See the Statutes at large VII A thousand of Sheep meant by this Statute shall be accompted after the rate of six score to the Hundred VIII None shall take to Farm above two Farms together and they are to be scituate in the same Parish where he dwells in pain to forfeit 3 s. 4 d. for every week he takes the profits of them IX Spiritual persons shall keep Sheep as they have used to do notwithstanding this Act. ☞ Sheriff * I. Stat. De finibus levatis cap. 2. 27 E. 1. Sheriffs shall not be charged with any issues to be levied nor shall levy any before they pass out of the Exchequer being there delivered by the estreats of the Justices in which estreats every head shall be charged for issues forfeited like as of amerciaments II. If the Sheriff will charge himself with the issues of any Recognisor Pledg or Mainpernor who is not able to pay them the Sheriff shall be charged therewith in the Exchequer III. Sheriffs shall make talyes of all money received by them or their Officer in pain of great forfeitures And shall not return any Mainpernors Jurors or others except according to the tenor of the Kings Writ they be lawfully impannelled Neither shall they return any Freeman as pledges without their consent IV. A Baron and a Clerk of the Exchequer shall be sent once every year through every County of England to inquire the names of such as have paid the Green-wax that year and shall also view all such Talyes and enroll them as shall hear and determine complaints made against Sheriffs and their Clerks and Bailiffs that shall do contrary to the premises and the offenders shall be grievously punished V. Artic. sup Chart. 8. 28 E. 1. The
in pain to forfeit the same or the value thereof XXII Hoys and Plats may cross the Seas as far as Cane in Normandy or Eastward as far as Norway notwithstanding the Statute of 1 El. 13. XXIII All Cod and Ling shall be brought into this Realm loose and not in barrel in pain to forfeit the same or the value thereof XXIV No Wine of the growth of France or any Woad of Tholouse shall be imported into this Realm in any other vessell then English in pain to forfeit the same according to the Statute of 4 H. 7.10 Only into Wales Rochel Wines may be otherwise imported XXV Owners of Ships and all others using the trade of the Sea-fishing or otherwise and every Gunner and Ship-wright may take Apprentices to be bound for ten years or under by Indenâ—â—re to be inrolled in the same Corporation if the Master dwell in â—â—e but if not in the next XXVI So much of the Statutes of 5 6. E. 6.14 which see in Forestallers and of all other Statutes as concerts the buying of Sea-fish unsalted or mud-fish or any wine oil or salt to be brought in an English vessell to any Port within this Realm shall be void XXVII None shall eat flesh upon dayes usually observed as fish dayes in pain of 3 l. or three months imprisonment without bail And they that wittingly suffer any such offence to be done in their house and do not discover it to an Officer that may punish it shall forfeit 40 s. XXVIII These forfeitures shall be divided into three parts whereof the Queen shall have one the poor of the Parish another and the informer the third XXIX Notwithstanding this Act licenses may be granted upon just causes on these conditions following v z. To a Peer or his Lady if he pay yearly for it to the poor of the Parish where he dwells 26 s. 8 d. To a Knight or his Lady if he pay 13 s. 4 d. and to any other infâ—râ—our person if he pay 6 s. 8 d. But here no license shall extend to the eating of Beef at any time or to the eating of Veal betwixt Michaelmas and May-day XXX The Minister of the Parish may grant a license to a sick person during the time of his sickness and if the sickness continue above eight dayes he shall in the presence of one of the Churchwardens register the same and have 4 d. for the registring of it But here if he grant the license without just cause he shall forfeit 5. Marks XXXI Wines shall be sold by retail at such prizes as shall be limited by the Queens Proclamation with the assent of such Lords and others as by the Statute of 18 H. 8.14 which see in Wines are authorized to set price on Wines in gross XXXII The Statute of 28 H. 6.19 which see in Captains ordained against souldiers shall extend to Mariners and Gunners XXXIII These offences shall be heard and determined as followeth viz. being committed upon the main Sea without the limits of the Cinque Ports by the Lord Admiral his Lievtenant or Deputies or by Justices of Oyer and Terminer according to the Statute of 28 H. 8.15 which see in Tryal but if without any Port and yet within the Jurisdiction of any of the Cinque Ports then by the Lord Warden of the Cinque Ports or his substitute or by Justices of Oyer and Terminer according to the Statute of 28 H. 8. Oâ—â—f in a Port or elswhere upon the main land then the Justices of Peace or other chief Officers in Sessions within their several Jurisdictions And here the tryal may be by the oaths of twelve men or otherwise by information And for levying the said forfeitures the said Officers and Justices may issue out Process at their discretion XXXIV The time limited for the prosecution of this Action is for a Subject six months and for the Queen a whole year XXXV Every such person licensed to eat flesh as aforesaid except for sickness age or other impediment shall have at his Table for every dish of flesh one dish of fish upon like pain as for eating flesh upon Fishdayes XXXVI If any shall by Preaching or otherwise avouch or notisy that any eating of flesh or forbearing of flesh is necessary for the saving of the soul or the service of God otherwise then as other politick Laws be shall be punished as a spreader of false news which see in News XXXVII Fishermen or Mariners shall not be compellable to serve as souldiers otherwise then as Mariners unless for some special exploit or to withstand an Invasion or subdue a Rebellion or bound so to do by tenure custome or covenant XXXVIII The Liberties and Rights of others are saved XXXIX Provided that no Fishermen using the Sea shall be taken by the Queens Commission to serve as a Mariner at Sea unless the said Commission be first brought by the Queens Taker to the two next Justices of Peace to the end they may choose and return such sufficient number of able men as in the same Commission shall be contained XL. The Liberties of the Cinque Ports and great Yarmouth are saved other then for buying of strangers and taking of toll as the same are before prohibited XLI This act shall not prejudice the authority or jurisdiction of the Lord Warden of the Cinque Ports XLII Wine may be imported into the Isle of Man and Chepstow in strangers bottoms not exceeding an hundred Tunn in one year in each of them notwithstanding this Act. The like may also be done in all other Ports of Wales besides the Rochel-Wines before permitted so as the quantity exceed not an hundred Tun in one year as before XLIII The Queens duties for the three hundred Tun mentioned in the last clause are saved XLIV The â—ord Admiral or his substitutes shall have no greater authority then they had before this Act save only for punishment of offences as aforesaid XLV Stat. 8 El. 3. None shall transport Sheep beyond Sea in pain to forfeit all his goods to suffer one years imprisonment and to have his hand cut off in some open Market and for the second offence to suffer death as a Felon XLVI This Act shall not extend to corruption of bloud or forfeiture of Dower XLVII Justices of Goal-delivery and of Peace have power to hear and determine this offence XLVIII The aforesaid goods forfeited shall be divided betwixt the Queen and the Prosecutor XLIX Stat. 13 El. 11. So much of the Statute of 5 El. 5. as concerns the transporting of Herring and Sea-fish by the Subjects born and for not paying of Custome for the same shall be revived so as it be ' n vessels with cross sails L. No vessel called Catch Mongers or Picard shall upon the coasts of Norfolk and Suffolk between the 14 of September and the 14 of November from Sun-setting to Sun-rising anchor upon the Main Sea or in the trade of fishing in pain to forfeit their vessel or the value thereof
unless his Ancestors have done it before the said voyage III. Such as be at a suit-fine shall be free from suit paying their Fine IV. The Parcenor having the eldest part shall do suit for his or her fellows and the rest shall be contributary V. Also one Joynt-tenant or Tenant in common shall do the suit and if there be no mean to acquit him the rest shall contribute VI. If a Lord distrain for suit not due the parties upon complaint shall have an attachment against the Lord to appear in the Kings Court at a short day when one only Essoin shall be allowed and the distress shall be delivered to the Plaintiff and there remain untill the Plea be determined VII If the Lord appear not at the day the Sheriff shall have command to distrain him by his goods and to have his body before the Justices at another day when if he appear not the Plaintiff shall go without day and the distress shall remain with him untill the Lord have recovered and in the mean time no more distresses shall be made saving to Lords their right to recover their suits when they will sue for them But here if the Lord be convict he shall allow the Plaintiff damages VIII Like Justice shall be done to Lords against Tenants that withdraw their Suits as to limiting of days and awarding of distresses and damages also if they recover but Lords shall not recover seisin of such Suits against their Tenants by default as they were wont to do And as concerning suits withdrawn before the time above-mentioned let the Common Law run as it was wont to do Swans I. Stat. 22 E. 4.6 None but the Kings Son shall have any mask or game of Swans of his own or to his use except he have Lands and Tenements of Freehold worth five Marks per annum besides reprises in pain to have them seised by any having lands of that value to be divided betwixt the King and the Seisor ☞ Swearing and Cursing * ☞ I. Stat. 21 Jac. 20. If any shall swear or curse within the hearing of a Justice of Peace or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice he shall forfeit 12 d. to the use of the poor where the offence shall be committed to be levied by the Constable Church-wardens and Overseers of the Poor there upon warrant from such Justice by distress and sale of goods and in default of distress if the offender be above 12 years old he shall upon warrant as aforesaid be set in the stocks 3 hours but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if the Officer be sued for the due execution of his Office he may plead the general issue and yet give special matter in evidence III This offence shall be complained of and proved as aforesaid within 20 days after it is committed And this Act shall be read in the Church twice in the year upon Sunday after Evening-Prayer Tail I. West 2.1 13 E. 1. WHere Lands are given to a man and the heirs of his body or to husband and wife and the heirs of their two bodies upon condition That if such man or such husband and wife die without issue that then the land should revert to the Donor or where land is given in frank-marriage and such a condition is conceived to be annexed or implied In all such cases heretofore the Feoffees after issue had had power to Alien and to dis-inherit the issue contrary to the mind of the Donors Wherefore now it is ordained That the Will of the giver according to the form in the Deed of Gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition shall have no power to alien the land so given but it shall remain to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England nor the issue of such second husband and wife shall succeed in the inheritance but immediately after the death of the husband and wife unto whom the land was given it shall return unto the issue of the giver or his heirs as aforesaid II. Hereupon a new Writ of Formedon in descender is granted in this form Praecipe A. quod juste c. reddat E. Manerinm de F. cum suis pertinentiis quod C. dedit tali viro tali mulieri haeredibus de ipsis viro muliere exeuntibus or thus Quod C. dedit tali viro i◠liberum maritagium cum tali muliere quod post mortem praedictorum viri mulieris praedicto B. filio corum viri mulieris descendere debeat per formam donationis praedictae ut dicit c. vel Quod C. dedit tali haeredibus de corpore suo exeuntibus quod post mortem illius talis praedicto B. filio praedicti talis descendere d beat per formam c. III. This Act shall extend to gifts hereafter to be made and not to gifts heretofore made and a Fine hereafter to be levied upon such lands shall be void in Law Neither shall the heir or reversioner albeit they be of full age in England or out of prison need to make their claim But this Law concerning a Fine is in some sort altered by 32 H. 8.36 which see in Fines Taxes Tenths Fifteens Benevolences Ship-money I Stat. 25 E. 1. Certain Taxes then before taken shall not be taken in custome but by the common assent of the Realm except antient Aids and Taxes II. Stat. De Tallagio non concedendo cap. 1. Temp. E. 1. No tallage or aid by us or our heirs shall be levied without the will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free Commons of our Realm III. Stat. 1 E. 3. Stat. 2. cap. 6. Whereas after Taxes rated levied and paid into the Exchequer Commissions of review issued out by colour whereof the Justices thereto assigned took Fines of the Taxers and others it is ordained That from henceforth the people shall be taxed after the old manner and not otherwise IV. Stat. 11 R. 2.9 No imposition or charge shall be put upon Wooll Leather or Woolfels other than the Custom and Subsidy granted to the King in this present Parliament and if any be the same shall be annulled saving always unto the King his ancient right V. Stat. 9 H. 4.7 Goods shall be chargeable towards the payment of Tenths or Fifteenths in the place where they were at the time the same were granted howbeit none shall be twice charged for his goods VI. Stat. 1 R. 3.2 The Subjects of this Realm shall not be hereafter charged by any
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 lâ—maiâ— 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
XIV If any person after such sentence given refuse to pay the Tithes or sums of money so adjudged then two Justices of Peace 1. Qu. shall upon certificate thereof from the Judge commit the party so refusing to the next Goal there to remain until he have found sureties to be bound by Recognisance or otherwise before the same Judge to the King to perform the said sentence XV. Howbeit none shall be thereby compelled to pay Tithes for lands or other hereditaments which by the Laws and Statutes of this Realm are discharged and not chargeable with the payment of Tithes Neither shall it extend to the City of London or the Suburbs thereof XVI In all cases where any person who hath any estate of inheritance free-hold term right or interest in any Parsonage Vicarage or other Ecclesiastical profit which now be or hereafter shall be made temporal and admitted to be and abide in temporal hands and to lay-uses by the Laws and Statutes of this Realm shall happen to be hereafter outed or otherwise wronged from or concerning the same he or she shall have remedy for the same in the Kings temporal Courts or other temporal Courte as the case shall require by Writs of Praecipe quod reddat Assize of Novel disseisin Mortdancester quod ei deforciat Writs of Dower and other Original Writs as the case shall require in like manner as for lands tenements and other hereditaments in such manner to be demanded XVII Also Writs of Covenant and other Writs for fines to be levied and all other assurances to be had and made of Parsonages Vicarages and other profits called Spiritual shall be devised and granted in Chancery as hath been used for fines and assurances of other lands Likewise all Judgements given and Fines levied for and of such Parsonages c. shall be of like effect as Judgments given and Fines levied of other lands XVIII Howbeit remedy for Tithes or offerings shall be had in the Ecclesiastical Court and not in temporal Courts as above by this Act is provided XIX Stat. 37 H. 8.12 A confirmation of a Decree made by Thomas Archbishop of Canterbury and others there named for the payment of tithes in London See the Statute and Decree at large * XX. Stat. 2 3. E. 6.13 The Statutes of 27 H. 8.20 and 32 H. 8.7 are confirmed And every person shall without fraud yield and pay all predial Tithes as hath been used within 40 years before the making of this Act or of right or custom they ought to have been paid XXI None shall take or carry away any tithes paid or that ought to have been paid as aforesaid before he hath justly divided and set forth for the tithe thereof the tenth part of the same or otherwise agreed for the same tithes with the Parson Vicar or other owner Proprietor or farmer thereof in pain to forfeit the treble value of the tithes so taken or carried away XXII At Tithing time it shall be lawful for the Owner claiming such predial tithes his Deputy or servant to see his said tithes be truly set out and severed from the nine parts and the same quietly to take and carry away XXIII If any person carry away his Corn Hay or other predial tithes before they be set out or willingly withdraw his tithes of the same or of other things whereof predial tithes ought to be paid or do let such owner to view take and carry away his tithes as aforesaid by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing letting or stopping shall pay the double value of the tithe so taken lost withdrawn or carried away besides costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical Laws XXIV Tithe of Cattel feeding in a Waste or Common where the Parish is not known shall be paid by the owner of such Cattel in the place where he dwells XXV None shall be compelled to pay tithes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition reall XXVI Barren heath and waste ground other then such as be discharged from tithe by Parliament which hath heretofore paid no tithes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of seven years next after such improvement pay tithes Or if they yielded some small tithe before the improvement they shall only pay that same small tithe during the first seven years but afterwards shall pay the full tithe according to such improvement XXVII Every person exercising Merchandize buying and selling or any other art or faculty being such persons and in such places as heretofore within 40 years have used to pay personal tithes or of right ought to have paid them and not day-labourers shall yearly at or before Easter pay for his personal tithes the tenth part of his clear gains reasonable charges and expences being deducted XXVIII Handy-craft men having used to pay tithes within 40 years shall still pay them XXIX The Ordinary hath power to examine him that refuseth to pay his personal tithes by any lawful means otherwise then by his own oath concerning the payment of such tithes XXX Offerings shall be paid in the place where the party dwells at such four offering dayes as heretofore within the space of four years last past have been used for the payment thereof but in default thereof at Easter XXXI Parishes that stand upon or towards the Sea-coasts the commodities whereof consist much in fishing shall pay their tithes as they have done within 40 years and their offerings as aforesaid XXXII This Act shall not extend to London or Canterbury or their Suburbs nor to any other Town or place where the Inhabitants have used to pay tithes by houses XXXIII Suits for substracting or withdrawing of tithes and other profits Spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or prohibition hanging to excommunicate the party disobeying the Sentence and if he stand excommunicate 40 days to certifie the excommunication after publication thereof at the place or Parish where such party dwels into the Chancery and thereupon to require Process De excommunicato capiendo to be awarded against the person so excommunicate XXXIV Before a Prohibition shall be granted the party Plaintiff therein shall bring a true copy of the Libel exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the same party and thereunder shall be written the suggestion whereupon the party demanded such prohibition and the Libel thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by two sufficient witnesses within six months next after such
Treason or Felony V. To ride armed with men of arms with purpose to kill rob or imprison another untill he hath made fine and ransome shall not be adjudged Treason but Felony or Trespass as hath been heretofore used And if any such attempt hath been heretofore adjudged Treason and thereupon Lands seised into the Kings hands withheld of other Lords they shall be restored to such Lords saving to the King his year and waste VI. Stat. 1 H. 4.10 Treason shall not be adjudged otherwise then as it was ordained by 25 E. 3. VII Stat. 26 H. 8.13 Pars inde Treason committed out of this Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and presentment so found and certified into the Kings Bench like Process and other circumstance shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced VIII Every such offender being lawfully convict by presentment confession verdict or process of Outlawry shall forfeit to the King all such Lands Tenements and Hereditaments which he shall have of any estate of inheritance in use or possession by any Right Title or Means within the Kings Dominions at the time of such Treason committed or after IX The Rights Titles Interests Possessions Leases Rents Offices and other profits of all persons their heirs and successors except of the offenders or others claiming to their use are saved X. Stat. 33 H. 8.20 If any person commit High Treason when he is of perfect memory and after accusation examination and consession thereof before any of the Kings Council shall fall into Lunacy he shall be enquired of in any County where the King by his Commission shall assign and if he be there indicted he shall be there arraigned without his personal presence and if he be found guilty he shall suffer death and forfeit as if he had been of perfect memory But this is altered by 1 2. P. M. 20. which see after XI If any person be attainted of High Treason by the Common Law or Statutes of this Realm such attainder by the Common Law shall be of as good force as if it had been done by Parliament and the King shall have as much benefit thereby viz. of lands tenements hereditaments goods chattells uses rights entries conditions possessions reversions remainders and all other things of such offender and shall be as well adjudged in actual and real possession of all such things of the offender which the King ought lawfully to have or which the offender ought or might lawfully lose or forfeit as if he had been attainted by the Parliament without any Office or Inquisition to be found of the same XII The right c. of all others except of the offenders c. is saved XIII Stat. 35 H. 8.2 All Treasons misprisions of Treason and concealments of Treason committed out of the Realm shall be enquired heard and determined before the Justices of the Kings Bench by lawful men of the County where the Bench shall then sit or before Commissioners in such County as the King shall assign by lawful men of the same County in like manner as if the offence had been committed in the same Shire where it is so enquired heard and determined But here a Peer shall be tryed by his Peers XIV Stat. 1 E. 6.12 All former Statutes which make any offences Treason or petty Treason are repealed save only what is so made by 25 E 3. Stat. 5. cap. 2. and by this Statute XV. It shall be High Treason to affirm by writing printing or Deed that the King is not Supream Head of the Church of England and Ireland or that any other is But this clause is repealed by 1 2. P. M. 8. XVI It shall be High Treason to interrupt any person to whom the Crown is limited by 35 H. 8.1 But this is also expresly repealed by the general words of 1. M. Sess 1. XVII If any compass to depose the King or do affirm that he ought not to be King for the first offence he shall forfeit his goods and suffer imprisonment at the Kings will for the second he shall lose the issues of his lands during life and suffer perpetual imprisonment and for the third shall be guilty of High Treason But so much hereof as concerns Treason petty Treason or misprision of Treason is also repealed by the general words of 1. M. Sess 1. XVIII Stat. 5 6 H. 6.11 It is High Treason to affirm by writing printing painting carving or graving that the King is an Heretick Schismatick Tyrant Infidel or Usurper of the Crown or rebelliously to detain from the King any of his Castles Holds Ships Ordnances Artillery or other Fortifications of War But this part of this Statute is repealed expresly by 1 M. Sess 1. XIX Treason committed out of the Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and Presentment so found and certified into the Kings Bench like process and other circumstances shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced XX. If the party within one year after the Outlawry or Judgment given thereupon yield himself to the Chief Justice of England and offer to traverse the Indictment or Appeal whereupon he was so outlawed he shall be admitted to such traverse and being thereupon acquit shall be discharged of the Outlawry and all forfeitures by reason thereof XXI The offender in Treason being lawfully convict thereof shall forfeit to the King all such lands tenements and hereditaments as he shall have of an Estate of Inheritance in his own right in use or possession in the Kings Dominions at the time of the Treason committed or at any time after XXII Concealment of Treason shall be deemed misprision of Treason But quaere whether this clause be not also repealed by the general words of 1 M. 1. XXIII None shall be attainted of Treason but by the testimony of two lawful accusers who shall be brought in person before the party accused unless he will willingly without violence confess the offence XXIV Here the right of all other is saved XXV The wife shall lose her Dower where the husband is
use confidence or trust of any such person or persons or body politick shall be deemed and adjudged to be in him or them that have such use confidence or trust of any such quality manner form and condition as they had before in or to the use confidence or trust that was in them IX When divers persons are so seised to the use confidence or trust of any of themselves they amongst them that have such use or trust shall likewise have the seisin estate and possession in such quality manner and condition as they had the use or trust X. Howbeit the right title c. of all other except of the persons so seised to any use or trust is saved and all former right title c. is also saved to them XI Where any be seised to any use or intent that another shall have a yearly rent out of the same lands Cestuy que use of the rent shall be deemed in the possession thereof of like estate as he or she had that use and shall distrain for non-payment of the said rent and make Avowries Conusances and Justifications and use all other remedies therein as if the said rent had been actually granted to such Cestuy que use XII Where an estate is made in possession or use to husband and wife and his heirs or the heirs of their two bodies or of one of their bodies or to them for their lives or for the wives life for her Joynture in any of these cases she shall not have dower Howbeit upon a lawful eviction of that Joynture she shall be endowed according to the rate of her husbands land whereof she was dowable XIII Such a Joynture being made after Marriage the wife after her husbands death may refuse it and betake her to her dower unless such Joynture be made by Act of Parliament XIV Provided that this Act shall not extinguish release discharge or suspend any Statute Recognizance or other bond by the execution of any estate setled by force of this Act. XV. All Wills and Testaments heretofore made or hereafter to be made before the first of May 1536. shall be good in law in such manner as they were commonly taken and used within 40 years before the making of this Act. XVI The King shall not take advantage by occasion of the executing of any estate by Authority of this Act before the first of May 1536. viz. by having or demanding any primer seisi◠livery Ouster le main fine for alienation relief or Herriot but after that time fines for alienations reliefs and herriots shall be paid to the King and also liveries and Ouster le mains shall be sued for uses trusts and confidences which shall be from thenceforth made and executed in possession by force of this Act neither shall any other Lord demand or take any fine relief or herriot by occasion of this Statute before the said first of May 1536. XVII This Act shall not be prejudicial to any person or persons born in Wales or the Marches thereof who have any estate to them executed by force of this Act in any lands in this Realm whereof any other person now stands seised to their use but such person or persons born there may lawfully have and keep all such lands by authority of this Act according to the tenor thereof ☞ Usury * I. Stat. 37 H. 8.9 None shall sell his wares or merchandize to any and within three months after buy the same again at a lesser price knowing them to be the same wares or buy any corrupt bargain of wares money or other thing or buy any Mortgage of land and take in gain for giving day of payment more then according to the rate of 10 l. per centum for one whole year in pain to forfeit the treble value of the profits of such lands mortgaged to be divided betwixt the King and the prosecutor and besides shall suffer imprisonment and make fine at the Kings will II. Stat. 13 El. 8. All Bonds Contracts and Assurances upon Usury in lending or doing any thing contrary to the Statute of 37 H. 8.9 shall be void and all Brokers and Soliciters thereof shall be adjudged and used as Counsellors Attorneys or Advocates in any case of Praemunire III. He that takes no more then after the rate of 10 l. per centum or less shall only forfeit the interest to be recovered and imployed as the forfeitures of 37 H. 8.9 IV. Justices of Oyer and Terminer of Assize and of Peace in their Circuits and Sessions and Mayors Sheriffs and Bailiffs of Cities have power to hear and determine all offences committed against 37 H. 8.9 V. The Statute of 37 H. 8.9 shall be construed largely and strongly against the party offending by any way or device directly or indirectly VI. This Act shall not extend to any allowances or payments for the finding of Orphans according to the ancient rates of London or of any other City where order is taken for their custody and goods as in London VII The offender against the Statute of 37 H. 8.9 may also be punished by the Ecclesiastical Laws VIII Stat. 21 Jac. 17. None shall upon any contract directly or indirectly take for the loan of any money or other commodities above the rate of 8 l. per centum for one whole year in pain to forfeit the treble value of the money or other things lent IX No Scrivener Broker or Solicitor shall take or receive directly or indirectly for Brokage above the rate of 5 s. for the loan of 100 l. for one whole year nor above 12 d. for making a Bond in pain to forfeit 20 l. to be divided betwixt the King and the prosecutor and also to to suffer six moneths imprisonment X. Stat. 12 Car. 2. cap. 13. None shall upon a contract directly or indirectly take for the loan of any money wares merchandises or other Commodities above the rate of 6 l. per Cent. for loan of a 100 l. for a year and so proportionably upon pain to forfeit treble the value of the money or other things lent XI No Scrivener Broker or Solicitor shall take or receive for brocage above the rate of 5 s. for the loan of 100 l. for a year nor above 12 d. for making a bond upon pain of forfeiture of 20 l. to be divided between the King and the prosecutor and to suffer half a years imprisonment Wager of Law I. Magna Cart. 28. 9 H. 3. NO Bailiff shall put any man to his open Law or to an oath upon his own bare saying without faithful witnesses brought in for the same II. Stat. 38 E. 3.5 Any man may wage his Law by sufficient people of his condition against Londoners papers and the Creditor shall take surety otherwise if he please but shall not put the party to plead to the Enquest unless he will so do of his own accord III. Stat. 5 H. 4.8 In Actions of debt upon the arrearages of an account feigning to the
and mixt attaints conspiracies Assizes Quare Impedits appeals of murder and felony and all actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal actions as debt detinue trespass account and the like amounting to the sum of 40 s. or above shall be sued by such Writs original or by bills at the election of the Plaintiff as is used in North Wales LXXX All personal actions under the sum of 40 shillings may be sued by original Bill as is also used in North Wales sealed by the judicial seal remaining in the custody of the Justice LXXXI The Fee for sealing every original Writ upon the causes aforesaid and for every Bill in Actions personal when the debt and damages amount to 40 s. or above is six pence and for every judicial process sued upon any such original Writ or bill seven pence whereof the King shall have six pence and the Justice one penny And for every bill in personal actions when the debt and damages amount not to forty shillings and for every judicial process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXXII All Writs of Scire facias and writs of Good Abearing or for the Peace or writs of Supersedeas upon the same and all other process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay seven pence whereof the King is to have six pence and the Justice 1 d. LXXXIII Every exemplification upon any Record shall be Sealed by the Judicial Seal for which the Plaintiff shall pay 20 pence whereof the King is to have 16 pence and the Justice four pence LXXXIV Recoveries and Fines Concords and Warrants of Attorney for the same may be taken before the said Justices of lands tenements and hereditaments within their authority by force of his general Commission without any dedimus as is used before the Chief Justice of the Common-Pleas LXXXV All fines levied before any of the Justices with Proclamation made the same Sessions it shall be engrossed and in two other great Sessions then next following shall be of the same force as Fines levyed with Proclamations before the Justices of the Common-Pleas LXXXVI Every person suing Writs of Entry in the Post or Writs of Covenant or any other Writs for any recovery to be had by assent or otherwise or for any fine to be levied shall pay fines to the Kings use for the same as well fines pro licentia concordandi as all other fines as is used in Chancery or elswhere in the Kings Courts of England which fines shall be paid to such persons as shall Seal the Original Writs for that purpose who shall accompt for the same as they do for the profits of the said Original Seal LXXXVII Also the Kings silver upon every such fine shall be paid as is used in the Common-Pleas of England viz. 2 s. and shall be received by the Justice before whom such fine is levied whereof the King shall have 16 d. the Prothonotary for entring it 2 d. and the Justice the rest who shall accompt for the Kings profit as he doth for the profits of the Judicial Seal LXXXVIII The four said Justices shall have each of them a Prothonotary to attend upon them for the entring of all Pleas Process and matters of Record in Sessions to be holden before the said Justices LXXXIX There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do which Officers shall attend upon the said Justices in their Circuits in proper person and not by Deputy XC The Marshall shall have upon every judgment and every fine 4 d. and the Cryer 1 d. and the like fees shall be paid upon the acquittal of felons and of such as be delivered by Proclamation or out of common mainprise XCI Here also are set down the fees that the Prothonotaries shall take for Writs Entries Judgments c. for which see the Statute at large XCII The King shall have all fines issues amerciaments and recognizances forfeited which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit that process may be awarded to the Sheriff to levy them for the Kings use which Sheriffs shall yearly accompt before the Kings Auditors to be thereunto assigned XCIII Besides the President Council and Justices aforesaid there shall be Justices of Peace and Quorum and also one Custos Râ—tulorum in every of the said 12 Counties who shall be appointed by the Chancellor of England by Commission under the Great Seal with the advice of the President Council and Justices aforesaid or three of them whereof the President to be one XCIV There shall not be more then 8 Justices of Peace in any of the said 12 Shires besides the President Council and Justices aforesaid and the Kings Attorney and Sollicitor all which persons shall be also put in every such Commission XCV These Justices of Peace shall be of good name and fame and may exercise their Office albeit they have not 20 l. per annum or be not learned in the Law but before they shall execute their Commission they shall take such Oath as Justices of Peace in England use to take before the Chancellor of England or else before the President or one of the same Justices of Wales by dedimus or before some other to be appointed by the Lord Chancellor for the purpose XCVI The said Justices of Peace or two of them at least 1. Qu. shall keep their Sessions four times in the year and at other times also upon urgent cases as Justices of Peace in England use to do for which they shall also have such allowances for themselves and their Clerks as the Justices in England have XCVII Here the fee for a Warrant of the peace or good abearing is 6 d. for entring of pledges to pay the King a fine upon an indictment 9 d. and if it be with protestation 12 d. for a supersedeas 8 d. and for a recognizance 12 d. XCVIII These Justices of Peace shall certify Recognizances taken before any of them for the Peace and good abearing into the next Sessions but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them upon such penalties as be therefore ordained XCIX All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least 1. Qu. and shall be duly set without partiality C. All such fines and amerciaments as also all issues lost forfeited recognizances and other forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that limit to the end that processes may
the cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be
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
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
gallons may be sold for 1 d. out of a Town four gallons may be afforded And this Assize shall be observed throughout England VI. The Assize of Bread shall be rated according to the middle price of wheat and shall not be changed but by 6 d. increasing or decreasing in the sale of a Quarter VII Stat. de ponderibus mensuris An English penny sterling being now three pence shall weigh 32 grains of wheat taken out of the middle of the ear and 20 d. do make an ounce 12 ounces a pound 8 pounds a gallon 8 gallons a London bushel which is the eighth part of a quarter Stat. 31 E. 1. See Rastal Weights 7 8. VIII Stat. of Pillory and Tumbrel 51 H. 3. If a Baker or Brewer be convict not to have observed the Assize for the first second and third fault he shall be amerced except the offence be grievous and often and then shall the Baker to the Pillory and the Brewer to the Tumbrel or some other Correction IX Six men shall be sworn truly togather all the measures and weights of the Town and of Mills and upon the measures and weights as also upon every loaf shall the name of the owner be distinctly written After this twelve lawful men shall be sworn to make true answer on the Kings behalf upon Articles hereafter following and the Bailiff shall be commanded to bring the Bakers and Brewers with their measures and all things underwritgen X. Then first the Jury shall inquire the first second and third prices of Wheat sold the last Market-day and also how Barley and Oats and upon how much increase or decrease of the price of Wheat the Baker ought to change the Assize of his bread and how much it ought to weigh according to the present price of Wheat and whether the Town have a Pillory of convenient strength XI Again they shall inquire of the assize and price of Wine and the Vintners names and how they sell and whether they utter that which is wholesome for mans body also of the assize of ale in the Court of the Town how it is and whether it be observed and if the Brewers be found to have sold contrary to the Assize they shall be amerced or else judged to the Tumbrel XII They shall inquire likewise of such as use double or false Weights or Measures of Butchers and Cooks that sell unwholsome meat and of forestallers which buy any thing before the accustomed time of Market XIII Stat. de Pistoribus 31 E. 1. The assize or weight of wheat shall never be changed but when there is six pence increasing or decreasing in the price of a quarter XIV If a Bakers bread be found a farthing weight lacking in two shillings six pence or under he shall be amerced and if it pass the same number he shall suffer the punishment of the Pillory which shall not be remitted for gold or silver and every Baker shall have a mark of his own for bread XV. According to which proportion it seems that if a Bakers bread wants not a penny weight in six ounces he shall not incur amerciament XVI Every Pillory or Stretch-neck must be made of convenient strength for that execution may be done upon offenders without peril of their bodies XVII The Toll of a Mill shall be taken according to custome and the strength of the water either to the 20 or 26 corn also by a measure agreeable to the Kings Standard and by the rate and not by heap or cantell and if the Farmers find the Millers their necessaries they shall take nothing besides their due toll in pain to be grievously amerced XVIII The assize of Ale shall be assessed proclaimed and kept according to the price of corn whereof Malt is made and the Brewer shall not increase more in a gallon but according to the rate of 6 d. rising or falling in a Quarter of Malt and if he break the assize for the first second and third time he shall be amerced but for the fourth he shall incur the Pillory XIX A Butcher that sells Swines-flesh mezled or dead of the murrin shall for the first time be amerced for the second incur the Pillory for the third be imprisoned and make fine and for the fourth shall forbear the Town and in this manner shall it be done to all that offend in like case XX. The Standard of Bushels Gallons and Elns shall be signed with an Iron Seal of the Kings and no Measure shall be in any Town unless it do agree with the Kings Measure and be marked with the Seal of the Shire-Town XXI If any do sell or buy with Measures unsealed and not examined by the Mayor and Bailiffs he shall be grievously amered XXII All Measures shall be viewed twice every year and if any be convict of a double Measure he shall be imprisoned and grievously punished XXIII The Standard Bushels and Elns shall be in the custody of the Mayor and Bayliffs and of six lawful persons of the Town being sworn before whom all Measures shall be sealed and no grain shall be sold by the heap or Cantel except it be Oats Malt and Meal XXIV No Fore-staller shall be suffered to dwell in any Town and if any be convict of that offence for the first time he shall be amerced and lose the thing so bought for the second shall have judgment of the Pillory for the third shall be imprisoned and make fine and for the fourth shall abjure the Town and like judgment also shall be given his accessaries XXV An Ordinance for measuring of land 34 E. 1. See the Statute at large XXVI Stat. 14 E. 3.12 There shall be one Weight and one Measure through the Realm of England and the Treasurer shall cause to be made certain Standards of bushels gallons and weights of brass and shall send them into every County where such Standards are not already sent and thereupon shall be assigned two sufficient persons of every County or more if need be to survey Weights and Measures according to the Standard who shall have power to hear determine and punish all those that shall be thereof found guilty and to command the Sheriff to imprison them till they shall make fine to the King XXVII The said Officers shall every year the next day after the Feast of Saint Michael deliver their Estreats into the Exchequer and take for their expences a fourth part of that they can levy and shall answer the King the other three parts and the fourth part also of that they cannot levy shall be answered them in the Exchequer and the other three parts shall be levied for the Kings use XXVIII Stat. 25 E. 3.9 Auncel weight shall be quite put out and weighing shall be by equal balance Stat. 34 E. 3.5 XXIX Stat. 25 E. 3.10 Every Measure shall be according to the Kings Standard and shall be striked without heap saving the rents of Lords and the King will assign certain Justices in every
Knight-service and other Lands in Soccage or of the nature of Soccage may give dispose or assure by will or otherwise by Act executed in his life two parts of the knight-service land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the soccage-land at his pleasure saving to such Lord for his custody and wardship so much of the knight-service land as shall amount to the yearly value of the third part thereof X. Every person having mannors lands c. holden of the King by Knight-service and not in chief or any mannors lands c. holden of the King by Knight-service and not in chief and other mannors lands c. holden of any other person by knight-service and also other mannors lands c. holden of any other person in soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by act executed in his life two parts of the said Knight-service-Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid and all the soccage-land at his will and pleasure Howbeit here also the custody and Wardship of so much of the said Knight-service mannors lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part XI Provided that all persons shall sue liveries for possessions reversions or remainders and pay reliefs and heriots as they did before the making of this Act. XII Fines for alienations shall be paid in Chancery upon Writs of entry in the Post for common recoveries suffered of any Mannors Lands c. holden of the King in chief in like manner as upon alienations of such Mannors Lands c. by fine or feoffment Howbeit no other fine shall be paid there for any such Writs but only such fines for alienation XIII Where two or more hold any Mannors Lands c. of the King by Knight-service joyntly to them and the heirs of one of them and he that hath the inheritance dyeth his heir being within age the King shall have the Ward and Marriage of such Heir the life of the freeholder or Freeholders notwithstanding saving to every Woman her Interest of Dower in such lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also to the King the reversions of all such tenants by joynt-tenure and Dower after the death of such tenants in case they happen to dye during the nonage of the Kings Ward XIV Stat. 34.35 H. 8.5 Where the Statute of 32 H. 8.1 mentioneth mannors lands c. of inheritance it shall be expounded and taken of estates in fee-simple XV. Every person having a sole estate in fee-simple or seized in co-parcenery or in common in fee-simple in any Mannors Lands tenements rents or other hereditaments in possession reversion or remainder and having no Mannors lands c. holden of the King or of any other by Knight-service may give dispose will or devise to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said mannors lands tenements rents and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure XVI Every person having such an estate or seized as aforesaid of or in any mannors lands rents c. in possession reversion or remainder or of or in any rents or services incident to any reversion or remainder holden of the King by Knight-service in chief or of the nature of Knight-service in chief may give dispose will or assign to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by an Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is two parts as well of all the said Mannors lands c. as of all other rents and hereditaments or of any of them or any rents commons profits or commodities out of or to be perceived of the same two parts or out of any parcel thereof in three parts to be divided or as much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided of what person or persons soever they be holden at his free will and pleasure XVII Such Will so declared shall be good for two parts of the said Mannors lands c. although it be made of the whole or more then the two parts thereof the said division to be made by the devisor or owner of the said Mannors lands c. by will in writing or otherwise in writing and in default thereof by Commission out of the Court of Wards upon inquiry of the true value thereof by the oaths of 12 men and upon return thereof in the same Court the division shall be made by the Master of the Wards if the said Master and parties cannot otherwise agree upon the division and the issues and profits of the two parts shall be restored to them that shall have right thereunto from the death of the owner or deviser XVIII Every person being seised solely in co-parcenery or in common as aforesaid of any mannors lands rents c. in possession reversion or remainder or of any â—ents or services incident to any reversion or remainder holden of the King by Knight-service and not in chief or of any other person by Knight-service may give dispose will or devise to any person except to bodies politick by his last Will and Testament in writing or by act executed in his life solely or joyntly as aforesaid two parts thereof or any rents common or profits to be perceived out of the same two parts or out of any part thereof c. And such Will shall be good for such two parts albeit it be made of the whole lands so holden or of more then the said two parts and shall also be good for all lands not holden in Knight-service and for all rents commons and other profits to be perceived out of the same XIX Here also the division of the third part is to be made as before where it concerns the Kings Interest but where it concerns other Lords the division shall be by Commission out of the Chancery if such Lords and the parties in the mean time cannot agree