demandant shall be also received if the tenant will abide thereupon but if not the tenant shall be compelled to another as before unless the Vouchee be present and will immediately enter into Warranty and then also the demandant may have like exception as before V. If the Tenant have a deed that comprised Warranty of another man his recovery by a Writ de Warrantia carta out of the Chancery shall be saved to him howbeit the plea shall not be delayed by reason thereof VI. The Stat. of Glocester 12. 6. E. 1. If a man impleaded for a tenement in London vouch a foreigner to Warranty he shall have a Writ out of the Chancery to summon the Warrantor at a certain day before the Justices of the Bench and another to the Mayor and Bailiffs of London to surcease the matter before them until the plea of the Warranty be determined in the Bench and when the plea at the Bench shall be determined then shall the Vouchee be commanded to go into the City to answer the chief plea and a Writ shall also be awarded at the Demandants suit by the Justices to the Mayor and Bailiffs to cause them to proceed in the plea And if the Demandant recover against the tenant the tenant shall come before the Justices of the Bench who shall direct a Writ to the Mayor and Bailiffs to cause the land so lost by the tenant to be extended and valued and to return that extent at a certain day unto the Bench and after the Sheriff of the County where the Warranty was summoned shall be commanded to deliver to the Voucher land of the Vouchee answerable in value to the land that the Voucher hath lost See a correction and some inlargement of this Statute 9 E. 1. VII West 1.6 13. E. 1. As the tenant shall lose the land in demand in case where his Vouchee dischargeth himself of the Warranty so also shall the Vouchee lose where he denieth the Warranty and it be tried against him Also where an Enquest is depending between the tenant and his Vouchee and the Demandant will require a Writ to cause the Jury to come it shall be granted him VIII The Statute of Vouchers 20 E. 1. This counterplea of Voucher viz. that neither the Vouchee nor his Ancestorâ— had ever any thing in the land so that he might a feofment make with Warranty shall be received albeit the Vouchee be ready to enter into Warranty IX Stat. 14 E. 3.18 Where the tenant voucheth to Warranty â— dead-man the Demandant shall be received to aver that the Vouchee is dead and that there is none such Upholsters * I. Stat. 11. H. 7.19 None shall put to sale in Fairs or Markets any Featherbeds Bolsters or Pillows except such as are stuffed with one sort of stuff viz. dry pulled feathers or clean down and not with scalded feathers fen-down or any other unlawful corrupt stuff in pain to forfeit the same Howbeit any for their private use may make or cause to be made any such unlawful stuff or wares so as the same be not exposed to Sale in Fairs or Markets upon the like pain II. Also Quilts Mattresses and Cushions shall be stuffed with one sort of stuff only viz. clean wooll or clean flocks and not with horse-hair Fen down Nets-hair Goats hair or other unlawful stuff in pain to forfeit the same * III. Stat. 5. 6 E. 6.23 None shall make to the intent to sell or offer to be sold any Fether-bed Bolster or Pillow except the same be stuffed with dry pulled feathers or clean down only without mingling of scalded feathers Fen-down Thistle-down Sand Lime Gravel or other unlawful or corrupt stuff in pain to forfeit the same so offered to be sold or the value thereof IV. None shall make to the intent to sell or offer to be sold any Quilt Mattress or Cushions stuffed with any other stuff then feathers wool or flocks alone in pain to forfeit the same so sold or put to sale or the value thereof V. The Forfeitures aforesaid are to be divided betwixt the King and the Prosecutor Uses I. Stat. 1. R. 3.1 All grants conveyances recoveries and other assurances made by Cestuy que use being of full age compos mentis and at large shall be good against him and all others claiming as his heir or heirs or to his use But here the right of all others is saved II. Stat. 1. H. 7.1 The Demandant in a Formedon in descender or remainder may have his Action against the Pernor of the profits and such Pernor shall have such Voucher Lyen aids prayer and all other advantages as he should have if he were tenant indeed or his Feoffors should have if the action were brought against them And if such Pernor happen to die his heir being within age his heir shall also have his age and all other advantages as if his ancestor had died seised of the land in demand Also all recoveries had against such Pernors their Heirs or their Feoffees or Cofeoffees and their heirs shall be as good as if such Pernors were tenants indeed or feoffees to their use at the time of such actions brought III. Stat. 3. H. 7.4 All Deeds of gift of goods and Chattels made in trust to the use of the grantor shall be void IV. Stat. 19. H. 7.15 The Sheriff or other Officer having a Writ to execute upon lands against any person upon any Judgment Statute or Recognisance may deliver Execution to the Plaintiff of all lands and tenements whereof any other is seised to the use of him against whom execution is so sued V. Also the heir of Cestuy que use of land in soccage shall pay relief Herriot and all other duties to the Lord of the Fee as if his ancestors had died seised thereof VI. Howbeit upon such execution served as aforesaid Cestuy que use shall have all such advantage as he might have if he were seised of the land VII Cestuy que use being a bond man the land may be seised by his Lord. VIII Stat. 27. H. 8.10 Where any person or persons stand or be seised of any Honours Mannors Lands Tenements Rents Services Reversions Remainders or other Hereditaments to the use confidence or trust of any other person or persons or of any body politick by reason of any bargain sale feofment fine recovery covenant contract agreement will or otherwise In every such case every such person and persons and body politick having such use conâ—dence or trust in fee-simple fee-tail for life or years or otherwise or any use confidence or trust in remainder or reverter shall stand and be seised deemed and adjudged in lawful seisin estate and possession of and in the Honours Castles c. with their appurtenances of and in such like Estates as they have in use trust or confidence of or in the same And the estate title right and possession of such person or persons as are seised of any Lands Tenements or Hereditaments to the
putting in common Baîl shall be adjudged a Bankrupt and in case of arrest or imprisonment from the time of the arrest XXX Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15. XXXI The Bankrupt's wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incur the punishment inflicted by the former Laws in like cases XXXII The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set upon the Pillory and lose one of his ears XXXIII The Commissioners may by themselves or others break open the Bankrupt's house chests c. where his estate is or is reputed to be and then seize and order his body and estate as by the former Laws is ordained XXXIV In the distribution of the Bankrupt's estate no more respect shall be had unto debts upon Judgment Recognisances Specialties with Penalties or the like then to other debts XXXV The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King XXXVI Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners as the Bankrupt's own goods XXXVII The Commissioners grant of the Bankrupt's entailed lands shall be good except when the reversion or remainder is in the King XXXVIII Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners and afterwards sold as his other Estate XXXIX No purchaser shall be impeached by this or the former Acts unless the Commission be sued forth within five years after he becomes Bankrupt XL. This Act as also all the former shall extend to strangers both Aliens and Denizons as well as to Subjects born as well to be relieved as also to be subject to the penalty thereof XLI Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen not bred up in trade have notwithstanding put great Stocks into the East-Indy and Guinny Company it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies or for adventuring or managing the fishing called the Royal fishing Trade shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts or be liable to the same XLII Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts XLIII A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void Provided not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts Barwick I. Stat. 22 E. 4.8 Merchandise carried into or brought out of Scotland or the Isles thereof shall be first brought to Barwick in pain to forfeit the same II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick Bastardy and Bastards I. Merton cap. 9. 20 H. 3. A child born before marriage is a Bastard albeit the common order of the Church be otherwise II. Stat. 9 H. 6.11 No Writ shall be awarded to the Ordinary to certifie Bastardy before three Proclamations be made in Chancery in three months viz. once every moneth that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose ☞ III. Stat. 18 Eliz. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard-child as also for the relief of that Parish where it is born by charging the said mother and father with the sustentation thereof by payment of money weekly or otherwise IV. If the mother or father perform not the Justices order therein they shall suffer imprisonment without bail except he she or they give security to perform it or else to appear at the next Qu. Session and also to abide the order of the greater part of Justices there if any shall be there made if not then to perform that made by the two Justices ☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on work one whole year and if they offend again they shall not be enlarged without giving good security to offend no more ☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child unless she can prove by one witness at least that it was still-born ☞ VII Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards that by the Justices of P. in the several Counties are by the said Statute limited to be done VIII Bastards maintenance by the putative fathers and mothers See Title Poor n. XLVIII Battail and Grand Assise I. West 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right or the Demandant's Champion expunged Beaupleader Merton Cap. 11. 52 H. 3. West 1 cap. 8. 3 E. 1 1 E. 38. No fines shall be hereafter taken in Circuits Counties Hundreds or Court-Barons for fair pleading Benevolence I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty with power to issue Commissions for receiving subscriptions upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662. II. Declared that no Commission or aids of this nature can be issued or levied but by authority of Parliament See Title Taxes c. Bishops and Bishopricks I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop II. Stat. 14 E. 3. Stat. 3. pro Clero cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause III. Stat. 25 E. 3. Stat. 3. pro Clero cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt but he shall hereafter in such case pay a reasonable fine IV. Stat. 26 H. 8.14 Thetford Ipswich Colchester Dover Gilford Southampton Taunton Shaftesbury Molton Marlborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgewater
disposed as aforesaid IX In other places where there are no Wardens the Head-officers shall doe it and shall have the like power and advantage as those of London X. This shall not prohibit a Beer-brewer to keep in his house a servant for to mend his vessels XI If any shall diminish a vessel by taking out the head or a staff thereof the vessel shall be burnt and the offender shall forfeit 3 s. 4 d. to be disposed as aforesaid and shall be farther punished at the discretion of the Head-officers XII An Ale-brewer may also retain a Couper in his service to mend his vessels XIII Every Couper shall make his Ale-vessel according to the Assize exprest in the Treatise called Compositio mensurarum viz. every eight Gallons thereof to contain a Bushel according to the Assize limited by that Ordinance which was made 51 H. 3. in pain to forfeit for every vessel otherwise made 3 s. 4 d. to be disposed as aforesaid XIV Every Couper shall mark his vessel with his own mark in pain of 3 s. 4 d. to be levied and recovered as abovesaid XV. The Searchers shall not put out the Ale to measure the vessel whereby it may be made worse XVI This shall not prohibit to carry Ale to the Houses of his Majesty and Honourable persons in great vessels as Butts Pipes c. And Ale-brewers may convey Ale to any man's house in Barrels Kilderkins and Firkins being the due content * XVII Stat. 8 Eliz. 9. So much of the Statute of 23 H. 8.4 as concerns the prices of vessels is repealed XVIII Coupers shall sell their vessells at such rates as shall be yearly assessed in Corporations by the head-officers and in the Country by the Justices of Peace or the more part of them in the Sess after Easter XIX If after proclamations of the rates so assessed any Couper shall sell otherwise he shall incurr such penalties as by the said Statute of 23 H. 8.4 is ordained viz. for every Barrel Kilderkin and Firkin 3 s. 4 d. to be imposed and disposed as in the same Statute is exprest for selling such vessel above the due price Courts I. In the time of H. 8. there were amongst others three new Courts erected viz. those of the Augmentations First-fruits and Tenths and General Surveyors But these were afterwards annexed to the Exchequer by divers Acts of Parliaments and Letters Patents of H. 8. and Qu. M. Nevertheless in some of these Acts there remains yet somewhat in force as hereafter followeth II. Stat. 33 H. 8.39 All Obligations and Specialties concerning the King shall be made to him and his heirs Kings in his own name by these words Domino Regi and to no other person and then for payment Solvendum Domino Regi haeredibus vel executoribus suis with other words used in common Obligations and such Obligations shall be of the nature of Statutes-staple and if the King die leaving such Obligations they shall remain to his heirs or executors at the King's pleasure III. If any take Obligation that concerns the King in another manner they shall suffer imprisonment as shall be ordered by the King's Council IV. All suits for the King's debts in any Court mentioned in this Act upon any Obligation or Specialty delivered before this Act or to be delivered before the second day of May next shall be prosecuted in the King's name to what person soever such Obligation or Specialty were made and they shall be of the nature of Statutes-staple as before V. The King in all suits for debts shall recover his costs and dammages VI. Suits for the King's debts shall be in the proper Courts where they shall be due whether it be the Exchequer Dutchy Augmentations Surveyors Wards and Liveries First-fruits and Tenths or any of them out of which such processes shall issue for the speedy recovery of them as the Court shall think fit VII The said Courts shall have power to hear and determine all actions defaults offences and other things which shall arise upon any matter committed to the governance of the same Courts wherein the King shall be onely party and also all Estates for term of years betwixt party and party concerning the premisses all treasons felonies and estates of freehold and inheritance other then joyntures for term of life onely excepted VIII If any person shall make title to any lands sold or exchanged to any in fee-simple or fee-tail by the King's Letters Patents upon which a rent is reserved to the King his heirs and successors in the Court of Augmentations or shall demand any rents annuities officers fees or other profits out of lands in fee-simple or in fee-tail comprised in any Letters Patents or if the King shall make like title or claim to any lands of inheritance or profits out of lands assigned to the said Court in any Letters Patents that the said Court or more part of them shall hear and determine such titles and claims and without other Warrant make recompence to the party grieved IX If any Decree of the Court of Augmentation for any of the premisses extend onely to the loss of the Patentee for the life of the Demandant or Plaintiff or for term of years then shall the Chancellor of that Court without any other Warrant make recompence in money or out of lands limited to the survey of the same Court X. The aforesaid Courts shall have power to set fines and amerciaments and upon trials and other proceedings there to examine by such proofs and in such manner as they shall think fit and the proceedings and decrees of the said Courts shall be effectual in Law XI The chief Officers of those Courts may without any other warrant discharge all bonds and recognisances there hanging the debts being satisfied and the conditions performed and may also make void all recognisances for appearance or other contempt XII If any person to whom the King hath granted with reservation of rent any lands of inheritance or for life within the survey of any of the said Courts do not pay yearly unto the Treasurer or Receiver General of the said several Courts at the day limited or within three moneths after all summs of money so reserved or make sufficient tender thereof unto the said Treasurer or Receiver he shall forfeit so much as the fourth part of the said yearly rent shall amount unto and if he pay not the rent and money forfeited as aforesaid within six moneths he shall forfeit so much as half the rent amounts unto and for every half year after shall forfeit so much as the whole year's rent doth amount unto XIII The Treasurer or Receiver General may distrain for the said rents and forfeitures and the Head-officers of the said Courts may issue out process for the recovery of the same at their discretions XIV A Treasurer or Receiver general or particular shall sign with his own hand a lawful acquittance ready made to be signed by him without any fee in
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
shall be paid by the King LXVI This Act shall not extend to any Colledge or Hall in the Universities the Free-Chappel at Windsor the Colledges of Winchester and Eaton N wton Chappel in the Isle of Ely nor to any of the lands belonging to them nor to any Chappel of Ease nor to any Chappel whereunto only a Church-yard a little house or Close doth belong Nor to any Cathedral where there is a Bishops See nor to their lands other then such Chanteries Obits Lights and Lamps used within such Cathedrals within five years before this Paliament and unto which this Act doth extend LXVII The King may during his life alter the Names of such Chanteries and their Foundations LXVIII The right of all persons except only the Governors Incumbents c. of such Chanteries c. their Founders and the heirs and successors of every of them also the grantees or any of the premises to the uses aforesaid or to the use of any such Chantery c. or without the Kings licence is saved likewise all services rents annuities profits and offices of right due to Founders Donors c. and leases made before the beginning of this Parliament whereupon the accustomed rent is reserved are saved LXIX The Bargainor of any of the premises or his Executors shall repay unto the Bargainee his Executors or Administrators the money received upon sale thereof within three months after request thereof made and upon non-payment thereof such bargainee shall recover it by action of debt wherein no essoin c. shall be allowed LXX The premises given to the King by this Act together with their revenues shall be within the survey of the Court of Augmentations or such other Court as the King shall appoint LXXI All leases made by the said Governors Incumbent c. since the 23 of November 37. H. 8. whereupon the old rents are reserved shall be void but all others shall continue in force LXXII This Act shall not extend to any Lands whereof such Governours Incumbents c. are seised or possessed to their own uses and not annexed to such Chanteries Free-chappels c. nor to any Mannors Lands Pensions c. not parcel of the premises granted by H. 8. or granted or to be granted by E. 6. to any of the said Governors Incumbents c. LXXIII Every person which had any rent or yearly profit out of the lands of any Chantery c. shall still enjoy them notwithstanding this Act. LXXIV All payments of First Fruits to be made by any such Governor Incumbent c. after the beginning of this Parliament shall be remitted LXXV Payments answered yearly into the Exchequer out of the premises shall be still continued LXXVI All Assurances made of the premises by H. 8. or E. 6. or by either of their licence or to either of them by any such Governour Incumbent c. shall be good The right of others being saved LXXVII This Act shall not extend to make good any Grant made by any Parson or Vicar nor to prejudice the Lord Cobham or any Corporation or the Chantery of Attleboâ—ough in Norfolk LXXVIII All such Chanteries Free-Chappels c. given to the King by this Act as are within the Dutchy of Lancaster together with their lands c. shall be within the survey of the Dutchy-Court and all Commissions to be issued out concerning them shall be under the great Seal but shall be certified into the said Dutchy LXXIX The King may impower Commissioners to alter the nature and condition of Obits to better uses and none shall take advantage of any remainder use or condition for not finding of a Priest Obit Anniversary Light or Lamp LXXX This Act shall not extend to give Copyhold-lands to the King but the said Incumbents shall have them during their lives towards their maintenance LXXXI This Act shall not extend to lands recovered from a Chantery Priest by a good title without fraud LXXXII All Letters Pattents made by H. 8. and E. 6. of Chantery-lands and other the premises are confirm'd LXXXIII Stat. 1.2 P. M. 8. Pars inde None shall molest any person for any Abbey-Lands in pain to incur a Praemunire Vide 1 El. 1. ☞ Money * I. The Statute of great money incerti temporis None upon grievous forfeiture shall expend utter or receive any money or any other Coyn then English Irish or Scotch nor import more money into this Realm then may serve him for his expences nor land unless forced by tempest at any other then the known Ports and there shall shew his money to such person as the King shall assign without concealment in pain to forfeit his body and moneys II. None shall hide his money within Clothes Fardels Bales or otherwise in pain that the finder thereof shall have 4 d. for every pound so found and the King the rest and the body of him in whose hands any false or clipt money shall be found shall be arrested untill he find surety if he be a suspitious man Also he that finds any other coyn than English Irish or Scotch shall break the same and restore the pieces to the party that ows it and none shall oppose him in pain of great forfeiture but false money shall be pierced without restoring it III. Because poor people cannot well discover light moneyes they shall receive and pay them by weight of 5. of even weight by the Tumbrel to be delivered unto them by the Warden of the Exchange and marked by the Kings mark and it shall be lawful fon any man to pierce money not weiging the Tumbrel Howbeit 4 d. shall be allowed in every pound weight being then 20 s. and so it be only worn 6 d. * IV. The Statute of small money 20 E. 1. No Merchant or other shall import into this Realm any mony clipt or counterfeited or traffick therewith in pain for the first time to forfeit the mony for the second the mony and all his goods for the third his body and goods V. Others which have clipt money shall pierce it and carry it to the Kings Exchange to be new coyned * VI. Stat. 9. E. 3.1 None without the Kings Licence shall export any gold or silver in money or plate in pain to forfeit the same * VII Cap. 2. None shall import into any of the Kings Dominions any false or counterfeit money in pain to forfeit the same Howbeit any person stranger and other may bring to the Kings Exchange good money or bullion and receive convenient exchange for the same * VIII Cap. 3. Small money viz. half-pence or farthings shall not be molten into vessel or any thing else by any Goldsmith in pain to forfeit the money so molten and to suffer imprisonment until he hath paid the one half thereof IX Cap. 4. Black money shall not be current in this Realm X. Cap. 5. The Prosecutor against the offenders of this Statute shall be allowed a fourth part of the forfeiture XI Cap. 6. There shall
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-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
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
Here if the Assise pass for the disseisee he shall recover treble dammages against the Patentee XX. Stat. 4 H. 5.8 If any make forcible entry into lands by way of maintenance the Chancellor of England shall grant a special Assise without suing to the King and if the disseisor shall be attainted thereof he shall suffer one whole year's imprisonment and restore double dammage to the party grieved XXI Stat. 6 H. 6.2 The pannels of Assises shall be arrayed and an indented Copy thereof delivered by the Sheriff to the Plaintiffs Tenants and Defendants six days before the Sessions if they demand the same also Bailiffs of Franchises shall make their returns thereof to the Sheriff at the like time upon pain to forfeit each of them Sheriff or Bailiff 40 l. XXII Stat. 11 H. 6.2 In an Assise if the Sheriff be named a disseisor by Collusion to the end the Writ may be directed to the Coroner and the Assise secretly awarded by the tenant's default upon the Plaintiff's averment thereof and if it shall also be found by the Assise to be so the Justices shall abate the Writ and grievously amerce the Plaintiff XXIII Stat. 21 H. 8.3 The Plaintiff in Assise may abridge his plaint of any part whereunto a barr is pleaded without prejudice to the residue Attaint I. VVest 1. cap. 37. 3 E. 1. An Attaint is granted in Plea of Land Free-hold or any thing touching Free-hold II. Stat. de attinctis 13 E. 2. In Attaint if the first Jurors which shall be living appear not at the first grand distress or be returned to have nothing by their absence there shall be no delay made of the other Jury See Rast Attaint 2. III. Stat. 1 E. 3.6 In a Writ of Trespass an Attaint shall be granted by the Chancellor without speaking to the King as well upon the principal as upon the dammages IV. In all cases of Attaints the Justices shall not let to take the Attaints for the dammages not paid V. Stat. 5 E. 3.6 Nisâ— prius shall be granted in Attaints but â—o essoin or protection and five daies by the year shall be given before the Justices of the Common Bench at least VI. Stat. 5 E. 3.7 Writs of Attaint shall be granted as well in pleas of trespass moved without Writ as by Writ before Justices of Record if the dammages adjudged do exceed 40 s. VII Stat. 28 E. 3.8 An Attaint shall be granted as well upon a Bill of trespass as upon a Writ of trespass without having regard to the quantity of the dammages VIII Stat. 34 E. 3.7 An Attaint shall lie as well in plea real as personal and it shall be granted to the poor who shall affirm that they have nothing whereof to make fine saving their countenance without fine and to all others by easie fine IX Stat. 9 R. 3.3 He in the reversion shall have an Attaint or Writ of Error upon a false verdict found or an erroneous Judgment given against the particular tenant X. If the oath be found false or the Judgment erroneous and the tenant still in life he shall be restored to his possession and issues and the reversioner to the arrearages but if he be dead or be found of Covin with the demandant the reversioner shall have all yet the tenant may traverse the Covin by Scire facias out of the Judgment or Writ of Attaint if he please XI Stat. 13 R. 2.18 Upon a false verdict given before the Mayor and Bailiffs of Lincoln an Attaint shall be sued in the King's Bench or Common-Pleas and the Jury shall be of the County of Lincoln returned by the Sheriff of the said County XII Stat. 3 H. 5.5 By letters Patents of H. 4. the name of Bailiffs of the City of Lincoln being translated to Sheriffs lest it might be douted which Sheriff ought to return the Jury in Attaint the former Statute of 13 R. 2.18 is explained and confirmed XIII Stat. 11 H. 6.4 The Plaintiff in Attaint shall recover against all the Jurors Tenants and Defendants the costs and dammages which he shall sustain by delay otherwise in that suit XIV Stat. 15 H. 6.5 No Sheriff Bailiff or Coroner in Writs of Attaint of Plea of Land or of Deeds concerning Lands of the yearly value of 40 s. or more or of goods or chattels personal worth 40 s. or more shall impannel any but such as inhabit within their Bailiwicks and have free-hold or inheritance not ancient Demesne within the five Ports or Gavel-kind worth 20 l. per annum and shall not return against them less issues then 40 s. at the first Writ of distresses 10 s. at the second and double afterwards in pain to forfeit 100 l. to the King and as much to the Plaintiff And none but persons of that worth shall be impannelled upon Attaints if challenge thereof be made by the Plaintiffs XV. If any of the Defendants plead a forein plea and fail thereof the Justices shall give Judgment against them as if the Grand Jury upon the Articles of the Writ had passed against them Howbeit the rest of the Defendants shall not be prejudiced thereby neither shall this Act extend to Cities or Boroughs XVI If there shall not be in the County under the degree of a Baron enough of that worth to fill the pannel then shall the said Officers impannel and return the most sufficient persons there under that worth upon the like pain XVII Stat. 18 H. 6.2 Owners of Inheritance or Free-hold lands in Gavel-kind of 20 l. per annum may also be impannelled upon Attaints notwithstanding the Statute of 15 H. 6.5 XVIII Stat. 11 H. 7.21 None shall be impannelled upon a Jury in London except he have lands and tenements or goods and chattels worth 40 marks and if the trial be for lands or debt or dammages amounting to 40 marks or above his real or personal estate shall be worth 100 marks and the Jurors defect herein is a principal challenge XIX The issues of the Jurors for default of appearing shall be at the first summons 12 d. at the second 2 s. and double afterwards and the issues lost in the Mayor's Court shall accrue to the Mayor and Commonalty and those lost in the Sheriff's Court to the Sheriffs XX. An Attaint may be sued by Bill in the Hustings of London upon any false verdict given in any of the Courts of that City And thereupon the Mayor shall award a Precept to every Alderman to present either by themselves or their Deputies unto the said Mayor at the next Hustings the names of four indifferent and discreet Citizens out of each of their Wards each of them being worth in estate 100 pounds at least out of which the Mayor and six Aldermen or more shall impannel 48 whom the Mayor shall cause to be summoned together with the Tenants or Defendants in the Attaint to appear at the next Hustings and if upon default of appearance or otherwise there shall need a Tales the pannel
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
Commissioners for paving and mending the streets who are enabled to call the Commissioners for Hackney-coaches to accompt for the same VI. All Fines Rents Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress by Warrant under the hands and seals of any 5 of the Commissioners and for want of distress by Imprisonment of the persons untill satisfaction Coals I. Stat. 16 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals brought into the River of Thames and sold shall be sold by the chaldron containing 36 bushells heaped and according to the bushell sealed for that purpose at Guild-hall London and so proportionably II. All other Coals commonly sold by weight after 112 pound to the hundred upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals and the double value thereof to be recovered in any Court of Record or by complaint to the Lord Mayor of London and Justices of the Peace within the City and liberties or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale who upon due pro of upon oath may convict the offenders and give Warrant under their hands and seals for levying the forfeitures one half to the person complaining the other half for the poor or repairing high-ways within the same parish or any other adjoyning parish by their direction or Warrant III. The said Lord Mayor and Court of Aldermen of London and Justices of Peace in their several Counties or any 3 of them whereof one of the Quorum may set rates or prices upon such Coals to be sold by retail allowing competent clear profit to the retailer IV. If any ingrosser or retailer refuse to sell as aforesaid they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored and if refused taking a Constable force entrance and sell the said Coals at such rates rendring the money to the ingrosser or retailer necessary charges deducted This Act to continue 3 years next and to the end of the next session of Parliament and no longer V. Provided no person be sued upon any other Act for the same offence and that the general issue may be pleaded by the defendant to any action upon this Act and upon verdict for the def or that the plaintiff be nonsuit to have dammages and double costs VI. Provided that no person having any interest in any Wharf used for receiving or uttering Coals or trading by himself or in any others name in engrossing or selling Coals shall intermeddle in setting the prices thereof Collectors I. Stat. 18 H. 6.5 None appointed to be a Collector of a fifteen in a City or Borough shall be also Collector in the same County unless he may dispend in the County out of such City in lands 5 l per annum above all reprises II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money and their assistants and deputies Commission and Commissioners I. Stat. 42 E. 3.4 Commissions of Inquiries shall be made to the Justices of the one Bench or the other Justices of Assize Justices of Peace with others of the most worthy in the Countrey save in the Office of the Escheatorship II. Stat. 4. H. 4.9 If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands the Chancellor of England calling to him some of the Justices and the chief Baron if need be hath power to give remedy therein III. Stat. 7 H. 4.11 Commissioners not receiving a Commission shall be discharged thereof upon oath IV. The Barons of the Exchequer have power to administer the oath and to discharge them thereupon V. The Barons of the Exchequer and the Justices of either Bench have also power by Dedimus potestatem to receive such oaths in the Country and the Justices shall make certificate thereof into the Exchequer and thereupon also the Barons shall discharge the Commissioners their heirs executors and land-tenants VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer and of inquiry and certifying onely Common Pleas. I. Magna Charta 11. 9 H. 3. Common Pleas shall not follow the Court but shall be holden in some place certain II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer contrary to the form of the Greâ— Charter Common Prayer See Religion Conditions I. Stat. 32 H. 8.34 Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands as fully as the Lessors their heirs or successors might have done II. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their lessors or grantors their heirs or successors all advantage of recoveries in value by reason of any warranty in Deed or Law by Voucher or otherwise onely excepted Confirmation I. Marlbr 5. 52 H. 3. The Great Charter and that of the Forest shall be duely observed and inquired of before the Justices in Eyre and the Sheriffs in their Counties and the offenders shall be grievously punished by the King II. Stat. 25 E. 1. cap. 1 2 3 4. The Great Charters are confirmed judgments given against them shall be void they shall be read in all Cathedral Churcheâ—â— and Excommunication shall be pronounced against the breakers of them III. Artic. super Chart. 1. 28 E. 1. The Great Charter and that also of the Forest shall be duly observed IV. They shall be read four times in the year in a full County-Court viz. at the Counties after Mich. Christm Easter and St. John Baptist V. There shall be three Knights or other substantial men chosen by the Commonalty in every County to hear plaints concerning the Charters and to determine them without such delay as is used at the Common Law but they shall not in their proceeding prejudice the Common Law or the Charters VI. They shall have their power by the King 's Writ under the Great Seal and the Sheriffs and Bailiffs shall be attendant upon them VII Stat 1 E. 3.1 The Great Charter and that of the Forest shall be duly kept and put in execution See Ann. 2.4.5.10.14 28.31.36.37.42 45 E. 3. cap. 1. 50 E. 3. cap. 2. and Ann. 1.2 Stat. 2.5.6 Stat. 1. cap. 1.7 cap. 2.8 12 R. 2. cap. 1. also Ann. 1.2.4.7.9 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1. VIII Stat. 10 E. 3.1 All Statutes not repealed shall be kept and put in execution See also 28.36.37 38 E. 3. cap. 1. and 1.2 Stat. 2.35.6 cap. 1.7 cap. 2.8.9 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9 13. 4 H. 5. cap. 1. IX Stat. 42 E. 3. If any Statute be made contrary to Magna Charta or Charta de Foresta it
shall not give liberty to any Badger c. to buy Grain out of open Fair or Market to sell again unless there be special words in his license to warrant the same in pain to forfeit for every time so offending 5 l. V. These forfeitures are to be divided betwixt the Queen and the prosecutor VI. The Queen's moiety shall be estreated according to the usual manner and the prosecutor's levied by Fiery facias or Capias but when the suit is wholly the Queen's the whole shall be estreated for her use VII Justices of Peace have power to hear and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make process thereupon VIII This Act shall not restrain Purveyors of Cities and Towns Corporate neither yet the inhabitants of the Counties of Westmorland Cumberland Lancaster Chester and York ☞ IX Stat. 13 Eliz. 13. For the increase of tillage and the maintenance of the Navy and Mariners the Lords Presidents and the Councils in the North and VVales Justices of Assise in their Circuits and Justices of Peace in their Sessions have power to license or prohibit the transportation of Grain at their discretions Provided their order be first approved by the Queen or her Council which also may be countermanded by the Queen's Proclamation if there be cause for it X. Stat. 3 Car. 4. Corn may be transported to the Kinâ—â— Allies when Wheat is sold for 32 s. Rie for 29 s. Beans for 10 s. and Barley or Malt for 16 s. the quarter or under See Title Trade num 1. ☞ Coroner I. West 1.10 3 E. 1. Sufficient men of the most wise and discreet Knights shall be chosen in all Counties for Coroners II. The Sheriffs shall have counterparts with the Coroners of all things which concern their Office III. They shall take nothing of any man to doe their office in pain of great forfeiture to the King IV. Stat. 4 E. 1. Officium Coronatoris See the Statute at large V. Stat. De Exonia de inquisitione super Coronatores 14 E. 1. See the Statute at large together with the Articles thereunto annexed VI. Stat. 14 E. 3.8 A Coroner shall have sufficient in the County whereof to answer all people VII Stat. 28 E. 3.6 Coroners shall be chosen in the full Counties of the most convenient and lawful men saving unto the King and other Lords that may make Coroners their Franchises VIII Stat. 1 H. 8.7 Where one is slain by misadventure the Coroner shall execute his office without fee in pain of 40 s. IX Justices of Assise and Peace have power to inquire of and punish the defaults and extortions of Coroners Corporation I. Stat. 19 H. 7.7 Corporations shall not make or execute any Ordinances in diminution of the prerogative of the King or of other or against common profit except approved by the Chancellor Treasurer and the chief Justices or three of them or by the Justices of Assise in pain of 40 l. II. They shall make no Ordinance to restrain suits in the King's Court upon the like pain of 40 l. III. Stat. 22 H. 8.4 They shall take but 2 s. 6. d. for the first entry of an Apprentice and 3 s. 4 d. for his entry of Freedom in pain of 40 l. to be divided betwixt the King and the prosecutor IV. Stat. 28 H. 8.5 No Corporation shall by oath or bond restrain any Apprentice or Journey-man from keeping Shop or take money of them for their freedom or the occupying of their profession otherwise then as is limited by 22 H. 8.4 in pain of 40 l. to be divided as aforesaid V. Stat. 33 H. 8.27 In Acts to be done by Corporations the consent of the greater part shall binde and the Oath taken by them to the contrary shall not be observed VI. No person shall hereafter give any such oath in pain of 5 l. to be divided betwixt the King and the prosecutor VII Stat. 13 Car. 2. ca. 1. An Act impowering the King to issue Commissions for governing and regulating Corporations Exp. 25 March 1663. Corpus cum causa Certiorari Habeas Corpus Supersedeas I. Stat. 2 H. 5. Stat. 1.2 If a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an execution at another man's suit he shall be remanded II. Stat. 43 El. 5. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered unto the Judge or Officer of the Court before the Jury appear and one of them be sworn III. Stat. 21 Jac. 8. Process of the Peace and good behaviour shall not issue out of the Chancery or King's Bench but upon motion in open Court and good cause shewed upon oath which shall also be indorsed upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison until he pay the party grieved all his costs and dammages IV. All Writs of Supersedeas shall be void unless such process be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appear to the Court upon oath to be Subsidy-men assessed at 5 l. lands or 10 l. goods and also unless the prosecution against the party for the peace or good behaviour be bonâ fide and here false sureties procured for the gaining of such Writs shall be punished by the Judges V. Certioraries shall not be allowed unless the indicted will become bound with sufficient sureties such as the Justices of Peace in Sess shall like of to pay to the prosecutor within one moneth after conviction such costs and dammages as the said Justices shall assess VI. Stat. 21 Jac. 23. No Writ to remove a suit commenced in an inferiour Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joyned so as such issue or demurrer be not joyned within six weeks after the arrest or appearance of the Defendant VII An Action or suit once remanded shall never afterwards be again removed VIII When the thing in demand exceedeth not 5 l. the suit shall not be removed by any Writ save onely by Writs of Error or attaint IX This Act shall onely extend to Courts of Record where an Utter-barister of 3 years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Council in any Action there depending X. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Cousenage Ayel and Besayel I. West 2.26 13 E. 3. In Writs of Cousenage Ayel and Besayel the tenant's answer that the Plaintiff is not next heir of the same Ancestor by whose death he demandeth his land shall be admitted and inquired and according to the same inquisition the Justices shall proceed to judgment ☞ Cottages * I. Stat.
and Sessions within one year and a day after such offence committed except treason and misprision of treason XLVII Provided that any of the offenders aforesaid which shall before judgment submit and conform themselves to the Bishop of the Diocess or in open Assize or Sessions shall be discharged of every the offences aforesaid except treason and misprision of treason and of all pains and penalties incurred for the same XLVIII Of the forfeitures abovesaid two third parts the Queen shall have one to her own use the other for relief of the poor in the Parish where the offence is committed to be delivered without further warrant then of the principal Officers of the Receipt of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three moneths after judgment shall be committed to prison and there remain untill he hath satisfied them or shall conform himself and go to Church XLIX They that have on Sundays the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but four times in the year at least are present at Divine Service in their own Parish-Church or some other open Chappel of ease shall not incurre the penalty aforesaid for not coming to Church L. All covinous grants to defraud the interest which the Queen or any other person may claim by virtue of this Act or of 13 El. 2. shall be adjudged void LI. If a Peer of the Realm happen to be indicted for any offence made treason or misprision of treason by this Act he shall be tried by his Peers LII This Act shall not abridge the jurisdiction of Ecclesiastical censures * LIII Stat. 27 El. 2. All Jesuits and Seminary Priests and other Ecclesiastical persons born within any of the Queen's Dominions and ordained or made such by the pretended jurisdiction of the See of Rome which come into or remain in any of the said Dominions shall be adjudged guilty of high Treason and their receivers aiders and maintainers knowing them to be such and at liberty shall be adjudged felons without benefit of Clergie LIV. All others brought up in Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six moneths after Proclamation made in London in that behalf return into this Realm and within two days after such return before the Bishop of the Diocess or two Justices of Peace of the County where they shall arrive submit themselves to the Queen and her Laws and take the Oath of Supremacie shall be also adjudged guilty of high Treason LV. They who give or send relief to any such Ecclesiastical person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire LVI These offences shall be heard and determined in the King's Bench or in any County where they shall be committed or the offender taken LVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three days after his arrival shall submit himself to some Arch-bishop Bishop or Justice of Peace of the County where he lands and there take the Oath of Supremacie and under his hand acknowledge to continue in due obedience to her Majestie 's Laws LVIII Here the trial of a Peer shall be by his Peers ☞ LIX If any person knowing a Jesuit or Priest to remain within any of the Queen's Dominions do not within twelve days discover the same to some Justice of Peace he or she shall make fine and suffer imprisonment during the Queen's pleasure and the Justice of Peace which doth not within 28 days after disclose it to some of the Privy Council or to the President or Vice-President of the Councils in the North or Marches of Wales shall forfeit 200 marks and such of those Councils unto whom such information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them LX. All Oaths Bonds and submissions as aforesaid shall within three moneths be certified into the Chancery by the parties before whom they are taken in pain of 100 l. LXI None having submitted as aforesaid shall within ten years after come within ten miles of the Court in pain to lose the benefit of his submission LXII Stat. 29 El. 6. All grants incumbrances or limitations of use made by any person not repairing to Church according to the Stat. of 23 El. 1. and which are revocable by the offender intended for his maintenance left at his disposition or in consideration whereof he or his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seizures for the same purpose ☞ LXIII Every conviction of any offence before mentioned shall be in the King's Bench or at the Assize or Gaol-delivery and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the Term then next following LXIV The Queen may seize all the goods and two third parts of the lands and leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay in to the Exchequer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summe then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth for so long time as they shall forbear to come to Church according to the said Stat. of 23 Eliz. 1. LXV The indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realm LXVI When an indictment is found against such an offender Proclamation shall be made that he shall render himself into the Sheriff's hands before the next Assize or Gaol-delivery which if he do not that neglect shall be as sufficient a conviction as if upon the same indictment a trial by verdict had proceeded LXVII But here upon the offender's submission according to the said Stat. of 23 El. or death no forfeiture shall insue save onely the arrearages due at the time of such submission or death LXVIII The Lord Treasurer Chancellor and chief Baron or any two of them shall assign a third part of the forfeitures of 20 l. a month for the relief and maintenance of the poor houses of Correction and maimed souldiers LXIX This Act shall not extend to grants made bona fide nor to continue any seizure after the death of the offender in such lands wherein he had onely an estate for life or in the right of his wife * LXX Stat. 35 El. 1. If any above sixteen years of age shall be convicted to have absented themselves above a moneth
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
exemplified under the Great Seal or the seal of any other Court of this Realm nor to any Judge Justice or other person that shall set any such seal thereunto not knowing the same to be forged ☞ Forestallers Regradors and Ingrossers * I. Stat. 6 E. 6.14 He or she that shall buy or contract for any Merchandize Victual or other thing whatsoever in the way before it shall be brought by land or by water unto any City Port Road Fair or Market where it should be sold or shall cause the same to be so bought or shall diswade people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a Forestaller A Regrador is he that buyes any grain wine fish butter cheese candles tallow sheep lambs calves swine piggs geese capons hens chickens pigeons conies or other dead victual whatsoever brought to a Fair or Market to be sold there and do sell the same again in the same Fair or Market or in some other Fair or Market within 4 miles III. An Ingrosser is he that gets into his hands by buying contract or promise other then by demise grant or lease of land or tithe any corn growing in the fields or other grain butter cheese fish or other dead victual whatsoever with intent to sell it again IV. The party guilty of any of the offences aforesaid shall forfeit for the first offence the value of the goods so bought or had and suffer 2 moneths imprisonment without bail for the second the double value and suffer 6 moneths imprisonment without bail and for the third shall forfeit all his goods be set upon the Pillory and be imprisoned at the King's pleasure V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal nor the provision of any Town Corporate Ship Castle Fort Barwick Holy Island c. or any Fish-monger Inholder Victualer Butcher Poulterer or people dwelling within one mile of the main Sea which use to buy and sell fish for any thing concerning their several mysteries or trading they retailing the same at reasonable prices nor any Badger Lader Kidder or Carrier assigned to that office by three Justices of Peace and delivering the commodity out of his hand within one moneth after he buyes it nor the taking of any thing reserved upon any lease so that all these things be done without fraud or forestalling VI. He that buyeth grain in any Market for change of seed shall bring as much the same day and sell it if he can according to the present price of grain there in pain to forfeit double the value of the grain so bought VII He that buyes any cattel and sells the same again alive within 5 weeks shall forfeit double the value thereof during which time he ought to keep them upon Pasture which he hath either by grant or prescription VIII Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition presentment bill or information or by the testimony of two witnesses and to exact the one half of the forfeitures to the use of the King and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias and when the prosecution shall be at the Kings suit onely to extract the whole to the King's use IX None shall be punished twice for the same offence X. This Act shall not restrain the transporter of grain or cattel from Port to Port allowed by three Justices of Peace and not fore-stalling so that he imbark the same within 40 days after he buyes them and brings back from some Justice of Peace or Head officer a Certificate of their unlading agreable to his Cocket XI The offences against this Statute shall be prosecuted within two years XII This Act shall not restrain a Drover allowed by three Justices of Peace 1. Qu. and selling his cattel at 40 miles distance from the place where he bought them Howbeit such allowance ought not to continue above one year XIII Stat. 13 El. 25. in fine The Statute of 5 6 E 6.14 shall not extend to Wines Oyls Sugars Spices Currants or other forein victual brought from beyond Sea Fish and Salt onely excepted XIV For more ancient Statutes against Forestalling see the Statute of Forestallers 31 E. 1. and the Statute of clothes 25 E. 3.3 Which because they are altered by 4 5 E. 4.14 I have not thought thme fit to be inserted ☞ Franchises and Liberties I. Magna Charta Cap. 1. 9 H. 3. The Church of England shall be free and shall have all her holy Rights and liberties inviolable II. Magna Charta Cap. 9. 9 H. 3. The City of London and all other Cities Burroughs Towns the Barons of the five Ports and all other Ports shall have all their old liberties and free Customs III. Magna Charta Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved which the King himself promiseth to observe and commandeth all men of this Realm to do the like He likewise further promiseth that neither he nor his heirs shall procure or do any thing to infringe them and that if any thing be so procured it shall be void VI. Stat. De quo warranto 18 E. 1. If any can verifie by good enquest or otherwise that they or their Ancestors or Predecessors have used any liberty whereof they have been impleaded by Quo warranto before the death of R. 1. and have hitherto not having abused such liberty They shall be adjourned to a reasonable day before the Justices within which time they may repair to the King with the Record thereof signed by the Justices seal which done the King will confirm their estate and if any judgments have been given upon such writs by the Justices at Westminster upon the complaint of the party grieved to the King he will give them remedy V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices and all pleas now depending shall be adjourned into their proper Counties until the coming of the Justices into those parts Note that this Statute was confirmed by another Statute De quo warranto of the same year and to the same effect VI. Stat. De quo warranto 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before and of a Proclamation that such as claim liberties shall shew to the Justices at the first Assizes when they shall come into those parts how they hold them for which they shall have forty days summons and if they appear not their liberties shall be seised in the name of distress Also the form of another Proclamation that such as complain of the King's officers shall shew their grievances to the said Justices VII Stat.
shall receive and allow the same also all deeds and obligations made to the King's use which concern the said lands may be there inrolled without fee. XXXVI Provided that the King's Officers may keep Court within the Verge and his Clerk of the Market and none other execute his office there notwithstanding any grant c. Neither shall this act be prejudicial to the City of London XXXVII The lands of the late Monastery of Furnes and of the late Monasteries and Priories of Cartmele Coningshed Barstrough and Holland and the Liberties and Franchises belonging thereunto shall be in the Government of the Officers of the Dutchy of Lancaster and the Officers of those liberties shall be liable to accompt as other Officers of the Dutchy have used to be they shall also be attendant on the King's Courts and the Sheriff and other officers are prohibited to intromit into those Liberties XXXVIII This act shall not annul or diminish any of the liberties belonging to the said Dutchy or to the five Forts or the members thereof XXXIX The Petition of Right 3 Car. None shall be compelled to make or yield any gift loan benevolence tax or such like charge without consent by Act of Parliament nor upon refusal so to do shall be called to make answer take any oath not warranted by Law give attendance or be confined or otherwise molested concerning the same or for refusall thereof Neither shall any Free-man be imprisoned or detained without cause shewed XL. The subject shall not be burthened by the quarter of Souldiers or Marriners and all Commissions for proceeding by Martial Law shall be annulled neither shall any of like nature be issued out hereafter lest the subject by colour thereof be destroyed or put to death contrary to the Laws and Franchise of the Land XLI What hath been done to the prejudice of the Subject in any of the premisses shall not hereafter be drawn into consequence of example and the King declares his pleasure to be that in the things aforesaid all his Officers and Ministers shall serve him according to the Laws and Statutes of the Realm ☞ Fraudulent Conveyances I. Stat. 50 E. 3.6 Fraudulent assurances of lands or goods to deceive Creditors shall be void and the Creditors shall have execution thereof as if no such gift had been made * II. Stat. 13 El. 5. All fraudulent Conveyances of lands tenements hereditaments goods or chattels and all such bonds suits judgments and executions made to avoid the debt or duty of others shall as against the party onely whose debt or duty is so endeavoured to be avoided their heirs successors executors or assigns be utterly void any pretence feigned Consideration or c. notwithstanding III. Every of the parties to such a fraudulent conveyance bond suit judgment or execution who being privy thereunto shall wittingly justifie the same to be done bonâ fide and upon good consideration or shall alien and assign any lands lease or goods so to them conveyed as aforesaid shall forfeit one years value of the lands lease rent common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous bond and being thereof convicted shall suffer half a years imprisonment without bail And here the said forfeitures are to be divided betwixt the Queen and the party grieved IV. Common Recoveries against the tenants of the free-hold shall be good notwithstanding this Act. And so shall all estates made for the procuring of a Voucher in Formedon Neither shall this Act extend to grants made bonâ fide and upon good consideration to persons not privy to such Collusion V. Stat. 27 El. 4. Every conveyance grant charge incumbrance and limitation of use or uses of in or out of any lands or other hereditaments made to defraud any purchaser of the same in fee for tail for life or years shall as against such purchaser onely and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration VI. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bonâ fide and on good consideration to the disturbance or hinderance of the purchaser or of any other lawfully claiming from by or under him shall forfeit one years value of the lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail VII Conveyances made upon good consideration and bonâ fide shall be good notwithstanding this Act. VIII If lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the vendee and all others lawfully claiming from by or under him Howbeit no lawful mortgage made bonâ fide without fraud shall be impeached by this Act. IX All Statutes Merchant and of the Staple shall within six moneths after their acknowledgment be entred in the office of the Clerk of Recognizances taken according to the Stat. of 23 H. 8.6 and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more X. Every such Statute which is not within four moneths after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the lands chargeable therewith and against his heirs successors executors and assigns XI The said Clerk shall within the said six moneths make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be divided betwixt the Queen and the Prosecutor XII The Clerk shall take for the search of a Statute but 2 d. for every years search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by action of debt c. XIII Provided that this Act shall not extend to make good any purchase made void by reason of any former conveyance so as the party so making void the same his heirs or assignes were the first day of this Parliament in actual possession of the lands out of which any such Purchase Lease Charge or Profit was made Free-hold I. Marlb Cap. 22. 52 H. 3. None shall distrain his free-holders to answer for their Free-holds or for any thing touching the same without the King 's Writ nor cause his Free-holders to swear against their wills for none may do that without the King's commandment II. Stat. 15 R.
for the Justice of Peace or Head-officers there being Justices of Peace to direct a Capias to the Sheriff or other chief Officer for his apprehension and being taken the said Justice of Peace or Head-officer shall commit him to ward until he give good security that he will honestly serve out his time XLIII Notwithstanding this Act High-Constables have power to keep their Statute-Sessions so that they there do nothing repugnant thereunto ☞ XLIV Stat. 1 Jac. 6. The Statute of 5 El. 4. shall give power to the Justices of Peace to rate the wages of any Labourers Weavers Spinsters and Work-men or Work-women whatsoever XLV The rating of such wages in Sessions by the more part of the Justices within any particular Riding or Division where general Sessions have been used severally to be kept shall be as effectual as those rated at the general Sessions of the whole County XLVI The Sheriffs and Head-officers within their several precincts shall cause the said rates to be proclaimed in such sort as if they had been sent down printed from the Lord Keeper which all persons shall be bound to observe upon the pains and penalties mentioned in the said Statute of 5 El. 4. XLVII A Clothier or other convicted before the Justices of Assize or Peace in Sessions or before 2 Justices of Peace 1 Qu. by his own confession or the evidence of 2 witnesses not to have observed the said rates by paying less then in the rates so appointed shall forfeit 10 s. to the party grieved to be levied upon warrant from the same Justices by distress and sale of the goods XLVIII None shall incur any danger for not making certificate of the Rates into the Chancery according to 5 El. 4. XLIX A Clothier being also a Justice of Peace shall not be a rater of wages for any Artificer that depend upon making of Cloth Lancaster I. Stat. 33 H. 6.2 An Indictment found in Lancashire against a foreigner dwelling in another County shall be void unless each Juror had Lands and Tenements there of the yearly value of 5 l. II. The like Law is of an Indictment found in another County and not in Lancashire against an Inhabitant of Lancashire where each Juror hath not Lands and Tenements worth 5 pounds per annum III. Stat. 37 H. 8.16 Lands annexed to the Dutchy of Lancaster and there exchanged by the King with others for the inlargement and conveniency of the said Dutchy See the Statute at large IV. Stat. 2. 3 P. M. 20. A farther enlargement of the said Dutchy See the Statute V. Stat. 16 and 17 Car. 2. cap. 9. An Act impowring the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty to be filed and made use of at hearings in the Court of Dutchy-Chamber 12 d. onely to be paid for taking the same Leases I. Stat. 32 H. 8.28 Leases made by Tenant in tail or by him who is seized in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their wives heirs and successors II. The Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of any old lease unless such old lease expired within a year after the making of the new nor to any grant to be made of any Reversion of Mannors Lands c. nor to any lease of such Mannor Lands c. which have not been let to farm or occupied by Farmers 20 years before such lease made nor to any lease to be made without impeachment of waste nor to any lease to be made for above 21 years or three lives from the day of the making thereof and that upon every such lease there be reserved so much yearly rent as hath been usually paid for the lands so let within 20 years next before such lease made and the Reversioners of the Mannors Lands c. so let after the death of such lessor or his heirs may have such remedy against such lessee his executor and assigns as such lessor might have had against such lessee III. Provided that all leases made by the husband of Mannors Lands c. being the inheritance of the wife shall be made by indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife the heirs of the wife and here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unless it be by fine levied by husband and wife IV. This Act shall not extend to give liberty to take more Farms or Leases then might have been taken before this Act Vide Stat. 25 H. 8.13 Sheep nor to any Parson or Vicar to make any lease otherwise then they might have done before V. All leases for years made within 3 years before the 12 of April in 31 H. 8. by writing indented under seal by any person or persons of full age sane memory not unlawfully coarcted nor covert Baron of any Mannors Lands c. wherein he or they have an estate of Inheritance to his or their own use at the time of the making thereof and whereof the lessee or lessees or their assignes have now the possession by force of such lease or leases and no cause of re-entry or forfeiture thereof had or made shall be good in law against such lessors their heirs and successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force then they were before the making of this Act. VI. No fine Feofment or other Act done by the husband onely of the inheritance of Free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to injoy it after her decease the fines levied by the husband and wife onely excepted VII This Act shall not give liberty to the wife or her heirs to avoid any Lease hereafter to be made of the wife's Inheritance by the husband and wife for 21 years or under or three lives whereupon the accustomable yearly rent for 20 years before is reserved according to the tenor of this Act. VIII This Act shall not extend to make good any Lease made by any Ecclesiastical person which are made void by authority of Parl. or by any such person or other now attainted of treason IX Stat. 1 Eliz. not printed All estates made by any Arch-bishop or Bishop of any Mannors Lands c. parcel of the Possessions of their Bishoprick or united or appertaining thereunto to any person or persons body politick or corporate other then to the Queen her heirs and successors and other then for the term of 21 years and 3 lives from the time of such estate made and
contrary Here also the right of all others save of the King and the Governours and Governesses is saved XXVIII Such Lands Parsonages appropriate c. belonging to the said Religious houses as before their coming into the Kings hands or dissolution were discharged of Tithes shall so continue XXIX All rents services and other duties are saved to the King notwithstanding this Act. XXX Such Monasteries c. As were heretofore exempt from the jurisdiction of the Ordinary shall from henceforth be within the jurisdiction and visitation of the Ordinaries in whose Diocess they shall be scituate XXXI The grant of the Abbey of Sipton in Suffolk is confirmed to the Duke of Norfolk and the Colledge or Chantery of Cobham in Kent to the Lord Cobham notwithstanding this Act The right of others being saved XXXII Stat. 37 H. 8.4 All Colledges Free-Chappels Chanteries Hospitals Fraternities Brother-hoods Guilds and other promotions made to have continuance for ever and chargeable with first-fruits and tenths and also all the Mansion-houses mannors lands tenements hereditaments rights members and appurtenances unto them belonging which between the fourth of February 27 H. 8. and the 25 of December the 37 H. 8. were dissolved relinquished or otherwise extinct other then such of them as now are or were in the Kings possession and have been granted by the Kings Licence or recovered by a former right or title shall be adjudged in the actual possession of the King and of his heirs and successors in as large manner â—s the Governours Incumbents Patrons Donors or Founders of them or any of them have since the said fourth of February 27 H. 8. injoyed the same or do now injoy them XXXIII All Covenants Bonds and Grants of any Rent or Annuity made to any Chantery Priest or other having any of the said promotions in consideration of any bargain grant or other assurance of the said promotions or any part thereof shall be void XXXIV Every person being in life which for any sum of money hath sold any of the said promotions shall repay upon request unto the Bargainee his Executors or Assigns the money so received And for non-payment thereof the said Bargainee shall maintain an Action of debt against them that so sold the same unto the said Bargainee or his testator in which Action no essoine c. shall be allowed XXXV All gifts grants surrenders and other assurances made to the King of any of the said promotions between the said fourth of February and the 25 of December shall be good against the bargainors their successors and assigns and also against their Founders Donors and Patrons heirs and successors XXXVI All Letters Patents made by the King of any of the said promotions or any part thereof and all assurances thereof made with the Kings assent by any having such promotions shall be good against the grantors their heirs and successors and against their Founders Donors and Patrons their heirs and successors XXXVII The King during his life may direct Commissions by warrant to be signed by his own hand to such persons as he shall think fit giving them power to enter into so many of the said promotions chargeable with first-fruits and tenths as shall be expressed in such several Commissions and to seize and take the same into the Kings possession to have and hold the same to him his heirs and successors XXXVIII The Commissioners or any two of them may enquire into any part in the name of the whole and by such theiâ— ter and seisure albeit the Lands be in several mens occupations or lie in several Counties the King shall be adjudged in the actual possession thereof without any inquisition office or other entry XXXIX The Commissioners or any two of them after such seisure made shall certifie and return every such Commission making mention in writing of their doing therein according to the words and authority thereby given them XL. All such Chanteries and other promotions aforesaid seised and to be seised as aforesain shall be within the order and survey of the Court of Augmentations and all suits tending to the detriment of the Mannors lands and other hereditaments belonging to them shall be also heard and determined in that Court Howbeit suits between party and party concerning the said Mannors Lands c. shall be heard and determined by the Common Law and Statutes of this Realm and not in the said Court XLI All Assurances made of any Inheritance or Free-hold without the Kings assent by any Chantery Priest or other Governour having any of the said promotions being not made to the King shall be void as well against the King as against the successor of such Chantery Priest or other Governour XLII The right of others is saved other then the Governors and their Founders Patrons or Donors their heirs and successors and other then such persons their heirs successors and assigns as claim any free-hold or inheritance by conveyance from any such Governor without the Kings assent thereunto XLIII If any such Governour within one year before the 23. of Novemb. in the 27 H. 8. hath made or shall hereafter make any lease for life or years of any such promotion or any part thereof which was not for the most part of twenty years before such lease let to farm but in their own occupation Or within the said time hath made or shall hereafter make any such lease in reversion the old lease not being then expired Or within the said time hath made or shall hereafter make any such lease without reserving the accustomed yearly rent paid for the same twenty years next before the said 23. of November Or have made any Wood sale the Woods being yet standing that then every such lease and grant shall be void XLIV This Act shall not extend to any Lands or other Hereditaments whereof such Governors now are or hereafter shall be seised or possessed to their own use nor united nor annexed to their promotions nor to Lands or Pensions granted or to be granted by the King unto such Governors for life only under the Great Seal or the Seal of the Augmentations XLV The Governors from whom the King by force of this Act taketh any Lands c. shall be proportionably abated for the same in their Tenths and First-fruits XLVI Every person having any Annuity or rent issuing out of any such promotion shall still enjoy them notwithstanding this Act Also he that hath bought and paid for any wood shall have his money again or the same wood XLVII All payments for the First-fruits hapning after such seisure as aforesaid are discharged XLVIII All Rents Services Issues and Profits payable out of such promotions into the Exchequer shall be still continued notwithstanding this Act. XLIX Stat. 1 E. 6.14 All Colledges Free Chappels and Chanteries in esse within five years before the first day of this Parliament which were not in the actual and real possession of the late King nor of E. 6. nor excepted in
the said Statute of 37 H. 8.4 other then such as by the Kings Commission shall be altered and all Mannors Lands Pensions Hereditaments and things belonging to them and all Mannors Lands c. given or limited for the finding of a Priest to have continuance for ever and wherewith a Priest hath been maintained within the said five years which were not in the actual possession of H. 8. or E. 6. and all rents profits and emoluments within the said five years imployed towards or for the maintenance of a stipendiary Priest intended by any Act or Writing to have continuance for ever shall be adjudged and be in the actual and real possession of the King his heirs and successors without any office or other inquisition in as large manner as such Priests or other Governors or Incumbents thereof at any time within the said five years injoyed the same L. All Mannors Lands c. appointed for the maintenance of such Priests to have continuance for a term of years not yet expired are also given to the King during such term only and no longer and then it shall be lawful for the Reversioner to enter without livery Ouster le main petition or other suit to be made to the King for the same LI. The King shall also have all Lands Tenements rents and other Hereditaments given for the maintenance of an Anniversary or Obit or other like intent or of any light or lamp in any Church or Chappel to have continuance for ever which hath been so maintained within five years above limited LII Where an Anniversary Obit Light Lamp or the like is kept or maintained out of part of the issues of any lands c. the King shall have so much yearly rent issuing out of the same lands as such charge did amount unto in any one year within the said 5. years to be paid yearly by even portions at Michaclmas and Lady day into the Court of Augmentations or such other Court as the King shall appoint and upon non-payment thereof it shall be lawful for the King his heirs and successors to distrain for the same And if there be no distress to be had and the rent be unpaid by the space of a month after it should be paid in such case the King shall seize part of the Lands of like value to answer the rent to have and hold them to him his heirs and assigns or for so long time as he so was to have the issues out of the said Lands LIII The King his heirs and successors shall have all sums of money profits commodities and emoluments appointed to have continuance for ever which in any one year within the said years have been imployed by any Corporation Guild Fraternity Company or Fellowship of any Mystery or Craft or by any Governour or Governours towards the maintenance of any Priest Anniversary Obit Lamp Light or the like to be paid yearly as a rent charge at Michaclmas and Lady day by even portions in the said Court of Augmentations or in any other Court that the King shall appoint LIV. The King hath power to distrain the said Corporations Guilds c. for the said money which shall be in the actual possession of the King without any inquisition or office LV. The King shall have to him his heirs and successors all Fraternities Brotherhoods and Guilds and all their Lands c. other then those above mentioned and they shall be also in the actual possession of the King without any inquisition or office LVI The King may direct Commissions to such persons as he shall think fit which Commissioners or any two of them shall have power to survey all Lay-Corporations Guilds Fraternities Companies and Fellowships of Mysteries or Crafts incorporate and all other Fraternities Brotherhoods and Guilds within the limits of their Commission and also all Evidences Compositions Books of Accompts and other writings thereby the better to discover what money or other things was paid for the finding of a Priest Anniversary c. And likewise to inquire what Mannors Lands Tenements Rents and other hereditaments are given to the King by force of this Act. LVII The Commissioners or any two of them have power where Guilds Fraternities or Chantery Priests having been in esse from Michaelmas last to the first day of this Parliament ought by their foundation to have kept a Grammar-School or Preacher to assign Lands to continue in succession to a School-master or Preacher for ever towards the keeping of a School and preaching and for such other good purposes as to them shall seem meet And likewise to make a Vicar to have perpetuity for ever in every Parish being the first day of this Parliament a Colledge Free chappel or Chantery or united unto any of them And also to indow such Vicar sufficiently without any licence or grant from the King Bishop or other Officers of the Diocess LVIII These also have power in great Towns where more Priests are necessary to assign such Lands for the maintenance of one or more Priests there as they shall think fit And also to give Rules for the service use and Demeaner of such Priests and Schoolmasters as aforesaid and to set down by what name or names they shall from thenceforth be called LIX The Commissioners shall also assign such yearly pensions to every Governour Fellow and servant of every such Colledge Free-Chappel or Chantery to continue during their several lives as to them shall seem fit LX. The Commissioners shall inquire what money or other profit any poor person injoyed within 5 years before this Parliament and to give order for the payment thereof and to assign Lands for that purpose that it may have continuance for ever And also to appoint lands to Fraternities Brotherhoods and Guilds for the Maintenance of Peirs Jutties Walls and Banks LXI The Receivers of the respective Counties where such Pensions are allowed by the Commissioners shall readily pay them without fee and shall be allowed his upon their accompt LXII The Commissioners shall make oath thâ—t they shall beneficially execute their Commissions towards the Deans Masters Wardens Provosts and other Incumbents aforesaid as also towards the poor and the maintenance of Peirs Jutties c. And all orders by them or any two of them certified into the Court for Augmentations or other Court to be assigned by the King shall be as effectual as if they had been ordained by Parliament LXIII Howbeit they shall not allow more to any Dean Master c. then they injoyed before and when he is promoted to better means it shall cease LXIV The Commissioners or two of them at least shall within one year after the Commission to them directed make certificate of such assignments as they have made in pain of 100 pounds LXV The King shall have all the goods of every Colledge Chantery Free-Chappel Chantery or Stipendary Priest belonging to the furniture or services of their several Foundations and superstitiously abused Howbeit their debts
2. 31 E. 1. Ecclesiastical persons being debarred by the former Statutes to obtain lands in Mortmain by alienation endeavoured fraudulently to obtain them by default in a suit And therefore in such case it was ordained by this Statute that it should be inquired by the Countrey whether or no the demandant had a just title thereto and if so then he should recover seisin but if otherwise the Lord of the fee should enter as aforesaid And by this Statute each mean Lord hath a full half year given him after the Lord next before him until it come to the King And here also the Lords as also the King are allowed their challenges IV. After the judgement given the lands shall remain clear in the Kings hand until it be deraigned by the demandant or some other chief Lord and the Sheriff shall be charged to answer for it in the Exchequer V. Ordinatio de perquirendis libertatibus 27 E. 1. To obtain licence to make a Park or to amortize lands the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same VI. Here inquisitions of Lands that shall be found by extent to be worth yearly more then 20 s. shall be returned into the Exchequer and there the parties shall make fine for the Amortizements and for the Park if the Inquisition passe for them And afterwards the Chancellor or his Deputy shall have order to do his duty therein VII When the yearly value of the lands exceed not 20 s. the inquisition shall be returned to the Chancellor and he or his Deputy shall rate and take the fine according to the quantity of the land VIII The like shall be done by such as purchase lands holden of the King in chief IX If persons dwelling beyond Sea and having lands or rents in England are desirous to purchase Letters of protection or would make general Attorneys they shall be first sent to the Exchequer to make their fines and from thence to the Chancellor or his Deputy for that which he ought to do therein X. In like manner shall they do that will purchase any Fair Market Warren or any other liberty also such as will purchase instalment of their debts shall be sent into the Exchequer XI Also such as are unable to travel or dwell in remote parts from the Chancery which plead or be impleaded shall have a writ out of the Chancery to some sufficient man that shall receive their Attorneys when need is XII For the better remembrance of these things there shall be a tripartite Indenture made whereof one shall remain in the Chancery another in the Exchequer and the third in the Gardrobe XIII The Statute of Amortizing Lands 34 E. 1. Lands shall not be aliened in Mortmain where there be mean Lords without their consent declared under their seals Neither shall any thing passe where the donor reserveth nothing to himself or when the Inquisition is made and returned without war viz. without the Writ original returned with the Inquisition and unlesse the original make mention of every thing according to the new Ordinance devised by the King XIV The Statute of Writs for making Inquisition of Lands to be put to Mortmain Incerti temperis Writs ad quod damnum for amortizing lands shall not be granted but upon Petition in full Parliament XV. Stat. de Clero 3. 18 E. 3. If Prelates Clerks beneficed or other people of Religion being impeached for purchasing lands in Mortmain shew the Kings Charter of Licence and process thereupon made by an Inquest of ad quo ◠damnum or of the Kings Grace or by Fine they shall be in peace And albeit they cannot sufficiently shew that they have entred by due process after licence to them granted in general or in special yet they shall be well received to make a convenient fine for the same XVI Stat. 15 R. 2.5 It is within the compass of the Statue of 7 E. 1. to convert any Land into a Church-yard albeit it be done by the consent or connivence of the ter-tenant and confirmed by the Popes Bull. XVII If any be seised of any lands or other possessions to the use of any spiritual person with purpose to amortize them and whereof such spiritual person takes the profits they shall before the Feast of S. Michael next cause them to be amortized by the licence of the King and other Lords or dispose of them to some other use otherwise they shall be forfeit according to the form of the said Statute as lands purchased by people of Religion Add no such purchase to the use of such spiritual persons shall be hereafter made upon the like pain XVIII The same Law shall be of Lands or other possessions purchased to the use of Guilds and Fraternities Also lands purchased by Corporations or to their use shall be within the compass of the said Statute de Religiosis XIX Stat. 23 H. 10. If any grant of Lands or other Hereditaments shall be made in trust to the use of any Churches Chappels Church-wardens Guilds Fraternities Commonalties Companies or Brotherhoods or to have perpetual Obits or a continual service of a Priest for ever or for 60 or 80 years or to such like uses or intents All such uses intents and purposes shall be void they being no Corporations but erected either of devotion or else by common consent of the people XX. Such uses and intents may be made and declared to continue 20 years from the time of such limiting of them but no longer XXI Collateral assurances made for the defending of this Statute shall be void and this shall be interpreted most beneficially for the destruction of such uses as aforesaid XXII This Act shall not prejudice Corporations where there is a custome to devise lands in Mortmain XXIII This Act shall not prejudice the Executors of Jannis and Terry late Aldermen of Norwich ☞ Mortuaties I. Stat. 21 H. 8.6 No spiritual person his Bayliff or Lessee shall take or demand more for a Mortuary then as is hereafter expressed nor shall convent any person before any Ecclesiastical Judge for the recovery of more for the same then as is hereafter declared in pain to forfeit so much as he takes or demands more and likewise 40 s. to the party grieved to be recovered by action of debt wherein no essoin c. shall be allowed II. None shall take or demand for a Mortuary any thing at all where by the Custom they have not been usually paid nor upon the death of a Woman Covert a Child a person not keeping house a wayfaring man one not residing in the place where he happens to die nor where the goods of the dead person debts deduct d amount not to the value of 10 marks Nor above the sum of 3 s. 4 d. when they exceed not 30 l. nor above 6 s. 8 d. when they exceed 30 l. but not 40 l. nor above 10 s. when they amount to 40 l. or above And if
granted to end the quarrel and that as well in the Exchequer as elsewhere XIII Stat. 14 H. 6.1 Justices of Nisi prius have power to give their Judgments in cases of Felony and Treason as well upon acquital as attainder and thereupon also to award execution XIV Stat. 18 El. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery and the chief Justice of the Common Pleas and chief Baron of the Exchequer upon issues joyned in their several Courts or in their absence two other Justices or Barons are made Justices of Nisi prius for the County of Middlesex and may sit in Westminster-Hall or in the Exchequer within the term or four days after for the trial of issues joyned in the said Courts respectively and triable in Middlesex aforesaid to prevent interruption of proceeding in the said several Courts during the term and for the better ease of the Free-holden of Middlesex Upon which trials Tales shall be granted and all other proceedings shall pass as upon Writs of Nisi prius triable elsewhere in the Country Non-plevin I. Stat. 9 E. 3.2 None shall lose their Land by reason of Non plevin Non-suit I. Stat. 2 H. 4.7 Where before Justices of Assise the parties are adjourned for some difficulty in law upon the matter found in this case the Plaintiff shall not be non-suited albeit the verdict passe against him Non-tenure I. Stat. 25 E. 3. Stat. 5.16 By the exception of Non-tenure of parcel no Writ shall abate but only for the quantity of the Non-tenure which is alledged Northumberland I. Stat. 23 H. 6.7 The Sheriff of Northumberland shall gather no more Head-pence there in pain of 100 l. to be divided betwixt the King and the prosecutor Norwich * I. Stat. 33 H. 8.16 None shall buy within Norwich or the County of Norfolk any Worsted yarn spun in the said City or County but such as shall work it or cause it to be wrought in Norwich or elsewhere within the said County in pain to forfeit for every pound thereof otherwise imployed 40 s. to be divided betwixt the King and the prosecutor II. None shall convey beyond Sea any Worsted-yarn spun in England in pain to forfeit 40 s. for every pound to be divided as aforesaid III. Stat. 1 E. 6.6 The Statute of 33 H. 8.16 is made perpetual IV. Hat-makers dwelling in Norwich may buy Worsted-yarn called Middl usse yarn as they have used to do notwithstanding the Statute of 33 H. 8.16 so as they imploy it in Hat-making within the said City V. Stat. 56 E. 6.24 None shall make Mats Coverlets or Dornecks by himself or others or use any of those mysteries in Norwich or Norfolk unless he be admitted so to do by the Major Recorder Steward and two Justices of Peace of that City or by four of them or have been apprentice to the said Mystery by the space of seven years VI. None shall make any Hats Dornecks or Coverlets in Norfolk but only in some Corporate or Market-Town there in pain to forfeit for every six Felts 10 s. for every Coverlet 3 s. 4 d. and for every six yards of Dornecks 6 s. 8 d. VII This Act shall not extend to the Inhabitants of Pulham in Norfolk VIII The Major Recorder Steward or Justice of Peace that takes a reward for admitting any to work shall forfeit 5 l. to be divided betwixt the King and the prosecutor IX Stat. 1 2. P. M. 14. An Act for the making of Russets Sattens Sattens reverses and Fustians of Naples at Norwich and not elsewhere by which Act there is a Corporation made for that purpose and divers Articles concerning the same See the Act at large X. Stat. 39 El. 22. An establishment of the Bishoprick of Norwich and the possession thereof against a pretended concealed title made thereunto See the Statute at large ☞ Nusance I. West 2.24 13 E. 1. A Writ of Nusance shall be grantable as well against the Alienee as against the party that levied it and when it is against the party himself the Writ shall be Questus est nobis A. quod D. injuste c. Levavit domum murum mercatum alia quae sunt ad nocumentum c. But when against the Alien the Writ shall be Questus est nobis A. quod B. C. Levavâ—runt c. II. Stat. 6 R. 2.3 All Writs of Nusance called Vicomtiels shall be made at the election of the Plaintiff according to the old form or in the nature of Assizes determinable before the Justices of the one Bench or other or the Justices of assize to be taken in the County of the place assigned Oath I. SEe Magna Charta printed by Richard Tottle Anno Domini 1556. fol. 164. and 166. the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Majors and Bailiffs See the Oath Ex Officio Courts and Jurisdictions Ecclesiastical Numb IV. And see Title Quakers Numb I. Obligations I. Stat. 38 E. 3.4 Whereas divers people be bound in another Court out of the Realm by Instruments or otherwise it is accorded that all penal bonds in the third person be void and holden for none Odio Atia I. West 1.11 3 E. 1. Forasmuch as many being indicted of Murder and guilty thereof by favourable inquests taken by the Sheriff and by the Kings Writ of Odio Atia are replevied until the comming of the Justices in Eyre It is provided that from henceforth such Inquests shall be taken by lawful men chosen out by the oath of twelve men of whom two at the least shall be Knights who by no affinity with the Prisoners or otherwise are to be suspected ☞ Officers and Office I. Stat. 12 R. 2. The Chancellor Treasurer Keeper of the Privy Seal Steward of the Kings house the Kings Chamberlain the Clerk of the Rolls Justices of the Benches Barons of the Exchequer and all others called to name and ordain Justices of Peace Sheriffs Escheators Customers Controllers or any other Officer or Minister of the King shall be firmly sworn that they shall not name or ordain any Officers or Ministers for any gift or brocage favour or affection And none which pursueth by him or by other privily or openly to be in any such office shall be put in the same or any other but that they make all such Officers and Ministers of the best and most lawful and sufficient men in their judgments and knowledg II. Stat. 14 R. 2.10 No Customer Controller Searcher Weigher or Finder shall have any such Office for term of life but only during the Kings pleasure notwithstanding any Patent or grant to the contrary III. Stat. 17 R. 2.5 No Searcher Gauger Aulnager Finder or Weigher of Wools or other Merchandize Collector of Customs and Subsidies or Controller shall have their several Offices for â—â—erm of life or years But such Offices shall remain in the Kings 〈◊〉 and under the governance of the Treasurer with the assent of the
their fees for keeping of Castles Houses Parks Chases Forrests or Block-houses shall be void when the cause of exercising such Offices is determined XI Provided also that this Act shall not extend to revive any Letters Patents or any Office granted by the King which have been made void by Authority of Parliament Judgement Decree or otherwise XII This Act shall not be prejudicial to any Letters Patents Indentures or Writings made after the said 4th of February and before the 28th of April in the 28th year of the Kings Reign or to any other Statute made for the corroboration of such Letters Parents Indentures or Writings XIII Stat. 1. E. 6.8 Such another Statute made for the confirmation of all Grants made and to be made by E. 6. from the 28th of January in the first year of his Reign and so during his life with such provisoes and limitations as in the former Act of 34 35. of H. 8. are contained See the Statute XIV Stat. 7. E. 6.3 A confirmation of the Kings Letters Patents notwithstanding his non-age or any Statute heretofore made for the reservation of Tenures Rents or Tenths XV. Stat. 4.5 P. M. 1. Another like Act made for the confirmation of all Grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with such provisoes and limitations as in the said former Acts of H. 8. and E. 6. are contained XVI Stat. 18. E. 2. Another like confirmation of all Grants made to for or by the Queen or to be so made within 7. years next after the end of this Session with like provisoes and limitations as in the former Statutes XVII Stat. 35 El. 3. All abby-Abby-lands which came to the hands of H. 8. shall be adjudged to have been in his actual and lawful possession notwithstanding any defect want or insufficiency of or in any Surrender Grant or Conveyance thereof or of any part thereof made to the said King or any other matter or cause whatsoever whereby he might have been entitled thereunto XVIII All Letters Patents made by him since the fourth of February in the 25. year of her Reign for the foundation of any Dean and Chapter or Colledge shall be adjudged good XIX The right of all others except of Abbots Priors c. is saved XX. Stat. 43. El. 1. All grants made to the Queen since the 8th of February in the 27th year of his Reign except by Ecclesiastical persons or bodies politique not having power or ability to make such grants are confirmed XXI The right of all others is saved except of the parties and privies of such grants XXII All grants made by the Queen to others since the said time as also all others that should be made by force of a Commission then on foot before the end of this Session or within one year after shall be good XXIII The Letters Patents of all such grants shall be expounded most beneficial to the Patentees any mis-naming mis-recital non-recital c. notwithstanding XXIV This Act shall not extend to Letters Patents of Offices nor of concealments except such concealments onely as are sold by Commissioners XXV Neither shall this Act extend to make good any Letters Patents heretofore adjudged void by any Court of Record at Westminster or by Act of Parliament neither yet those of Monopolies or for toleration of any offence prohibited by any penal Law nor of Lands where there is an estate tail in the Queen unless such estate be duly received XXVI Here also the right of others is saved XXVII Stat. 21 Jac. 25. The King nor any other claiming from by or under him shall hereafter take advantage against the Kings Patentees or Tenants for default of payment of Rent or other duty to be performed so as the rent be paid or such duty performed before such advantage taken or any Commission awarded to enquire or other process shall be issued for such forfeiture XXVIII Stat. 21 Jac. 29. All Leases made and to be made by Prince Charles of the Dutchie Lands of Cornwall shall be good XXIX Howbeit they shall not be good unless they be in possession and granted only for 31 years or 3 lives or estates determinable upon 31 years or 3 lives and thereupon also the accustomable Rent for the greatest part of 20 years before shall be reserved and where no such Rent hath been payable a reasonable Rent shall be reserved not under the twentieth part of the clear yearly value neither shall such Leases be dispunishable of waste XXX All Covenants and other agreements contained in such Leases shall be good XXXI The right of others except of the King and Prince and their Successors is saved XXXII 1 Car. 2. Such another Act for Leases to be made of the said Dutchie Lands within three years with such Clauses and Provisoes as in the Act of 21 Jac. 29. ☞ Paving I. Stat. 24 H. 8.11 The Street-way between Charing-Cross and Stroad-Cross shall be sufficiently paved at the charge of the owners of the Lands adjoyning to the same and shall also be afterwards repaired by them in pain to forfeit to the King 12 d. for every yard square not so paved and repaired and 25 H. 8. for Holborn and Southwark * II. Stat. 32 H. 8.17 All persons having lands betwixt Algate and White-Chappel Church or in Chancery-Lane Grays-Inn-Laneâ— Shooe-lane Fetter-lane or the way betwixt Holborn-bars and High-Holborn as far as any houses are there built shall before the 24 of June 1542. sufficiently pave so much of the Streets and Lanes aforesaid as are next adjoyning to their said lands and continue them in good repair in pain to forfeit for every yard square not so paved or repaired 6 d. III. The Mayor Aldermen and Justices in London and the Justices of Peace in Middl sex have power within their respective Jurisdictions to enquire hear and determine in Sessions the defaults And in case the said Justices shall be found remiss therein they shall respectively forfeit 5 l. IV. The Clerk of the Peace in Middlisex shall duly estreat into the Exchequer the Fines and forfeitures happening upon this Act in pain of 5 l. to be divided betwixt the king and the prosecutor V. Any three Justices in London whereof the Mayor is to be one have power to set Fines upon such as do not pave or repair any Street or Lane in London or the liberties thereof to be levied by distress plaint or action by the Chamberlain to the use of the Mayor and Communalty of the said City VI. The inhabitant paving his part in the said Streets or Lanes may defaulk so much of his rent from his lessor as the charge thereof shall amount unto unless it be otherwise agreed betwixt them VII Stat. 35 H. 8.12 Another like Statute for the paving and repairing of Whitâ—-Cross-Street Cheswel-streâ—t Golding-Lane Grub-street Goswel-street Long-Lane Saint Johns-street the streets there leading
from the Bars to Cow-Cross Water-lane in Fleet-street the streets behind Saint Clements-Church without Templâ—-Bar the way from the West-bars in Tothil-street in Westminster to the West-end of Petit-France the way without Bishops-gate above Shore-dâ—tch Church Strand-bridg and the way leading from thence towards Temple-Bar and Foskue-lane leading down to Strand-bridg And in this Act the Justices of Middl sex have also power to set Fines upon the defaulters at their discretion VIII Stat. 13 El. 23. Another Act of like nature for paving and keeping in repair the way without Algate called the Bars without Algate another leading from the Old-Cagâ— there to the North-end of Nightingal-lane and another between the said Old-Cage and Cross-Mill in the Parish of Saint Mary the pain for default being 3 s. 4 d. to the Queen for every yard square not so paved or repaired This Act likewise provides for the scowring and cleansing of certain Ditches thereabouts IX Stat. 18 El. 19. An Act for the paving of Chichester X. Stat. 23 El. 12. Another Act for the paving of the Minories being an additional Act to 13 El. 23. And the Ditch in Hoglang shall be scowred and cleansed by the owners of the lands lying on the North-side of the said Lane in pain to forfeit 6 s. 8 d. for every pole uncleansed And by this Act the Justices of Peace in London and Middlesex shall appoint Scavengers XI Stat. 3 Jac. 22. Another Act for the paving and keeping in repair the street in St. Giles in the Fields and Drury-lane ☞ Peace I. Stat. 2 E. 2. The Statute of Winchester and other Statutes made for the keeping of the Peace shall be duly observed II. The Justices assigned shall have power to punish resisters of the Peace III. Stat. 2 R. 2.2 Peace shall be kept and Justice and Right duly administred to all persons See also the Statutes of 1 H. 4.1 2 H. 4. and 1. 7 H. 4.1 to the like effect Pensions Portions and Corodies I. Stat. 34 35 H. 8.19 Pensions Pertions Corodies Indemnities Synodies Proxies and all other profits due out of Religious lands dissolved shall be paid to Bishops Arch-deacons and other Ecclesiastical persons by the occupiers of the same lands if such Ecclesiastical person were seised thereof within ten years before their dissolution And if upon suits in the Ecclesiastical Court for the same the Defendant be convict the Plaintiff shall recover the value thereof in damages together with his costs of suit The like he shall recover at the Common Law when the cause is thereby determinable II. Provided that if the King hath demised any of the said lands with a Covenant to discharge the tenant of such charges that then the party claiming the same shall sue for them in the Court of Augmentations and not elswhere ☞ Perjury * I. Stat. 5 El. 9. None shall suborn a witness to give restimony in any Court of Record concerning any lands goods debts or damages in pain of 40 l. and if the offender being convicted thereof hath not wherewithall to satisfie the said forfeiture he shall suffer 6. moneths imprisonment without bail stand upon the Pillory one whole hour in the same or next Market-town where the offence was committed and be for ever after disabled to give testimony in any Court of Record until the judgement given against him be reversed by Attaint or otherwise II. He that commits wilful perjury shall forfeit 20 l. suffer six moneths imprisonment without bad and be ever after disabled to give evidence until the judgement given against him be reversed as aforesaid and here also if he hath not wherewithall to discharge the fine in the Countrey the Sheriff or in a Corporation the Head Officer shall cause him to be set upon the Pillory in some Market-place and to have both his ears nailed III. The forfeitures abovesaid shall be divided betwixt the Queen and the party grieved IV. Judges of the Courts where such offences shall happen to be committed Justices of Assize Goal-delivery and of Peace have power to hear and determine the same offences V. This Act shall be proclaimed at every Assize VI. This Act shall not extend to any Court Ecclesiastical but that they may there proceed as in times past VII This Act shall not restrain the power of the Star-chamber nor of the Councils of Wales or in the North to punish heinous perjuries But that they may proceed as formerly so as for-the said offences they inflict no less punishment then by this Statute is ordained ☞ Physicians and Surgeons * I. Stat. 3. H. 8.11 None in London or within seven miles thereof shall exercise as a Physician or Surgeon except first examined and admitted thereunto by the Bishop of London or Dean of Pauls calling to him or them for the first examination four Doctors of Phyfick and for Surgery other expert persons in that faculâ—y and afterwards of them that so shall be approved in pain to forfeit for every moneth they exercise Physick or Surgerie not so examined and admitted 5 l. to be divided betwixt the King and the prosecutor II. In other places without the said Precinct of seven miles none shall exercise the said Professions unless examined and approved by the Bishop of the Dâ—ocess or in his absence by his Vicar general â—alling to them expert men in those Professions at their discretion and giving Letters testimonial under their Seal to him they shall so approve upon the like pain to be divided as aforesaid III. This Act shall not extend to the Universities IV. Stat. 5. H. 8.6 The Surgeons of London shall be exempt for bearing the Office of Constable or any other Office watching bearing of Arms or to serve upon Inquests in London so that their incorporation exceed not the number of 12. V. This Act shall also extend to Barber-Surgeons approved and admitted according to the Statute of 3 H. 8.11 VI. Stat. 14. H. 8.5 The Kings Charter for the Incorporating of the Colledge of Physicians in London bearing date the 13. of September in the tenth year of his Reign is confirmed the substance whereof is as followeth VII A perpetual Colledge of Physicions is granted and erected in London and within seven miles compass of the same who shall have power to chuse yearly a President for the better government of the same and shall also have perpetual succession a common Seal and ability to purchase Lands not exceeding 12 l. per annum They may sue and be sued make Ordinances for the good Government of the Colledge and of all others that practise Physick within the said limits Neâ—ther shall any practise Physick within that Circuit unless approved under the Seal of that Colledge in pain of 5 l. to be divided betwixt the King and the same Colledge Likewise four Physicians of London shall be yearly chosen to supervise the rest as also their Medicines and Receipts so that such as offend may be punished by fines amerciaments inprisonment or other due means Lastly Physicians
or not repairing the Church or sufficiently adorning it a Prohibition lieth not Nor for Oblations Tythes Mortuaries Pensions laying violent hands upon a Clerk Defamation when money is not demanded nor for breaking an Oath II. Stat. De Consultatione 24 E. 1. When the Chancellor or chief Justices upon sight of the Libel conceive that the Plaintiff cannot have remedy in any Temporal Court the Plaintiff shall have Consultation viz. the said Chancellor or chief Justice shall write to the Ecclesiasticall Judges before whom the cause depends that they proceed therein notwithstanding the Kings prohibition III. Artic. Cler. Cap. 1. 9 E. 2. For tythes oblations obventions or Mortuaries when they are propounded under those names the Kings Prohibition shall not hold place albeit for the long withholding of them they come to a pecuniary estimation but if an Ecclesiastical person lodge his tythes in his barn and then sell them for money if that money be demanded before a Spiritual Judge for this a prohibition lieth for by the sale they are made Temporall IV. Cap. 2. If debate arise upon the right of tythes having his original from the right of the Patronage and the quantity of the fame tythes do amount to a fourth part of the goods of the Church for this a prohibition lyeth Also if a pecuniary penance be demanded in the Court Christian a prohibition lyeth but if a Prelate enjoyn corporal penance and the party afterward Commutes for money that money is recoverable in the Court Christian and in that case a prohibition lieth not V. Cap. 3. If any lay violent hands upon a Clerk the amends for the peace broken shall be before the King and for the excommunication before a Prelate and if corporal penance be enjoyned and the offender will redeem it with money to be given to the Prelate or the party grieved it shall be required before the Prelate and the Kings prohibition lieth not VI. Cap. 4. Also in defamations the Prelates may correct notwithstanding the Kings prohibition VII Cap. 5. No prohibition shall be granted where tythe is demanded out of a Mill newly erected VIII Stat. 1 E. 3. Stat. 2.11 A prohibition is granted against those who in the Spiritual Court do sue their indictors IX Stat. 18 E. 3. Stat. 3.5 No prohibition shall be awarded but where the King hath Conusance X. Stat. 45 E. 3.3 A prohibition and an Attachment thereupon shall be granted where a suit is commenced in the Spiritual Court for the Tythes of underwood above 20 years growth in the name of sylva caedua XI Stat. 50 E. 3.4 No prohibition shall be allowed after Consultation duly granted so as the matter in the Libell be not changed ☞ Prophecies * I. Stat. 5. El. 15. None shall publish or set forth any phantastical or false Prophecie with an intent to raise sedition in pain to forfeit for the first offence 10 l. and to suffer one whole years imprisonment and for the second all his goods and to incur imprisonment during life which said forfeitures are to be divided betwixt the Queen and the prosecutor II. Justices of Assize Oyer and Terminer and Peace have power to hear and determine this offence being prosecuted within 6 months otherwise not Protection I. Stat. De Protectionibus 33 E. 1. A Challenge shall be entred against a protection of the Kings Service and if the Countrey passe against him that cast the protection it shall turn to a default if he be Tenant and if he be demandant he shall lose his Writ and shall also be amerced to the King II Stat. 25 E. 3. Stat. 5.19 Notwithstanding the Kings protection of his Debtor other Creditors may proceed to Judgment against him with a Cesset executio until the Kings debt be paid And here if the Creditors will undertake for the Kings debt they shall have execution against the Debtor both for their own debts and likewise for so much as they have paid the King III. Stat. 1. R. 2.8 No protection with the Clause of Volumus shall be allowed for Victuals taken or brought upon the Voyage or Service whereof the protection maketh mention neither yet in pleas of trespiss or contracts made after the date of the same protection IV. Stat. 13. R. 2.16 No protection with the Clause of Quia profecturus shall be allowed in any plea whereof the Suit was commenced before the date of such protection except in a Voyage where the King goeth in person or other voyages royall or in the Kings Messages Howbeit this Act shall not infringe protections with the Clause of Quia moratur and if the party protected tarry more then a convenient time in the Countrey without going to the Service or return from the Service the Chancellor having notice thereof shall repeal his protection V. Stat. 7. H. 4.4 In an Action of Debt brought against the Goalor which letteth a prisoner escape a protection shall not lie ☞ Proviso and Praemunire * I. Stat. 25. E. 3. Stat. 5.22 He that purchaseth a provision in Rome for an Abbey or priorie shall be out of the Kings protection and any man may do with him as with the Kings Enemy But this is altered by 5 El. 1. which see in Crown II. The Statute of Provisors 25 E. 3. Stat. 6. made to prevent Collations of Benefices in England by the Pope to the Provisors or procurers thereof as well Aliens as Denizens And here the penalty was imprisonment without bail until he should make fine to the King and satisfaction to the party grieved if he were taken but if not the Exigent should run against him III. Stat. 27. E. 3. Stat. 2.2 3. A Praemunire is granted against such as sue in a forreign Realm or impeach there any judgment given in any of the Kings Courts for any matter whereof the Kings Courts may take conusance The penalty is to be out of the Kings protection to forfeit all their lands and goods and to be imprisoned and ransomed at the Kings wili if they may be found but if not they shall be put in Exigent and outlawed IV. Stat. 3. R. 2 3. None shall take a Benefice of an Alien nor convey any money to him for the farm thereof in pain of a Praemunire V. Stat. 7. R. 2.12 No Alien shall purchase a Benefice in this Realm nor occupy the same without the Kings license in pain of a praemunire VI. Stat. 1.2.2.15 If any go out of the Realm to procure by way of provision a Benefice within the Realm he shall be out of the Kings protection and the Benefice shall be void VII Stat. 13. R. 2. Stat. 2.3 A Confirmation of the Statute of Provisors 25. E. 3. and if any accept of a Benefice contrary to the said Statute he shall incur a Praemunire and suffer perpetual banishment VIII Stat. 16. R. 2.5 None shall purchase Bulls or other Instruments from Rome or elsewhere in pain to incur a praemunire The Crown of England is subject to none IX Stat. 2.
here provided for the Lessee for years VI. Stat. 34 35. H. 8.20 No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or Voucher be had in any such feigned recovery or not but that after the death of every such tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the lands tenements and hereditaments so recovered according to the form of the gift in tail the said recovery notwithstanding VII And here the heirs of every such Tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his heirs VIII This Act shall not extend to prejudice the Lessee or Lessees of any such Tenant in tail made in writing indented of any Mannors Lands c. for 21 years or three lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall injoy his or their Term or Terms according to the Statute of 32 H. 8.28 which see in Leases this Act notwithstanding IX Stat. 14 El. 8. All recoveries had or prosecuted by agreement of the parties or by covin against Tenants by the curtesie Tenants in tail after possibility of issue extinct for term of life or lives or of estates determinable upon life or lives or of any lands tenements or hereditaments whereof such particular tenant is so seised or against any other with Voucher over of any such particular tenant or of any having right or title to any such particular estate shall from henceforth as against the reversioners or them in remainder and against their heirs and successors be clearly void X. This Act shall not prejudice any person that shall by good title recover any lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Re-disseisin I. Merton 3. 20 H. 3. If any be disseised of their fee-hold and before the Justices in Eyre hath recovered seisin by Assise of Novel disseisin or by confession of the disseisors and hath had seisin delivered by the Sheriff if afterwards the same disseisors disseise the Plaintiff of the same free-hold and be thereof convict they shall be imprisonod until the King hath discharged them by redemption recognition of Assize Judgement or some other way II. This is the form of punishing of such convict persons The Plaintiff shall procure a Writ from the Kings Court directed to the Sheriff and containing the plaint of disseisin done upon disseisin By this Writ the Sheriff shall be commanded that he taking with him the Keepers of the Pleas of the Crown and other lawful Knights shall in proper person go to the Land or Pasture whereof the plaint was made where if they find him disseised again the Sheriff is to do as is above provided but if not the Plaintiff shall be amerced and the other shall go quit Howbeit the Sheriff shall not execute any such plaint without the Kings special Command III. There is the like Law for such as recover their seisin by Assise of Mortdancester or by Enquests if they be re-disseised by the first disseisors IV. Marlb 8. 52 H. 3. Persons imprisoned for re-disseisin shall not be delivered with the Kings special command and shall make fine to the King for their trespass And if the Sheriff deliver any contrary to this Ordinance he shall be grievously amerced and yet the persons so delivered shall be also grievously punished for their trespass V. West 2.26 13 E. 1. In Writs of re-disseisin double damages shall be awarded and the re-disseisors shall not be repleviable by the common Writ VI. Those that recover by default redition or otherwise without recognition of Assises or Juries shall have Writs of re-disseisin as well those which recover by Assise of Novel disseisin Mortdancester or other Juries provided for by the Statute of Merton 20. Relief I. Magna Cart. 2. When Lands holden of the King in chief by Knight-service descend to an heir of full age The reliefs are as followeth For an Earldom 100 l. For a Barony 100 Marks For one whole Knights fee 100 s. And he that hath less shall give less according to the old custom of the fees Religion * I. Stat. 14. Ca. 2. Ca. 4. The Stat. of 1 Eliz. Ca. 2. recited for uniformity of Common Prayer and considered by certain Commissioners appointed by the King for reviewing and altering the same and afterward being also reviewed by the Convocation The said Book of Common Prayer so altered c. is allowed and recommended to the Parliament by the King to be used under such sanctions and penalties as the Houses of Parliament shall think fit the same is enjoyned to be red in all Churches Chappels and places of publick Worship in England Wales and Town of Barwick upon Tweed in such order as is enjoyned by the said Book annexed to the said Act. II. Every Parson Vicar or other Minister in possession of any Ecclesiastical Benefice enjoyned to read the Common Prayer upon some Lords day morning and evening before the Feast of St. Bartholomow 1662. and after such reading the same make the Declaration verbatim as followeth I. A. B. do here declare my unfained assent and consent to and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church of England according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons Upon penalty there being no lawful impediment and within one month after such impediment removed of being deprived ipso facto as if the person neglecting or refusing so to do were dead III. All Parsons Vicars and Ministers to be after presented or put into any Ecclesiastical Benefice enjoyned to read the Common Prayer as aforesaid and to make the aforesaid Declaration within two months after they shall be in actual possession upon the same penalty as aforesaid IV. All Incumbents that reside upon their livings and keep Curates shall once every month themselves read the said Common Prayer upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace to be levyed by distress and sale of the offendors goods by Warrant from the said
he is so received until final judgment given to the demandant III. Here if the demandant recover the defendant shall be grievously amerced and if he have not whereof he shall suffer imprisonment at the Kings pleasure but if he can prove his right he shall go quit IV. Stat. 13 R. 2.17 If any tenant for life in Dower by the Law of England or in tail after possibility of issue extinct be impleaded and he in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the Action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the Law without any delay whatsoever of either side And therefore here dayes of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two adversaries V. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgment pass for the demandant against them in the reversion as well as where the receit is counter-pleaded as where it is granted Residence * I. Artic. Cler. 8. 9 E. 2. Such Clerks as attend in the Kings service if they offend shall be corrected by the Ordinaries as others be Howbeit so long as they be imployed about the Exchequer they shall not be bound to keep residence in their Churches To this was added by the Kings Council The King and his Ancestors time out of mind have used that Clerks who are imployed in his service during the time they are so in his service shall not be compelled to keep residence in their Benefices and such things as be thought necessary for the King and Common-wealth ought not to be prejudicial to the Church * II. Stat. 21 H. 8.13 No spiritual person shall take to farm to himself or to any other for his use any lands or other hereditament for life years or at will in pain to forfeit ten pounds for every month he so continues the same to be divided betwixt the King and the prosecutor III. This Act shall not extend to any spiritual person for taking to farm any temporalities during the time of vacation of any Archbishopricks Bishopricks Abbeyes Priories or Collegiate Cathedral or Coventual-Churches nor to any such person who shall terder or make any traverse upon any Office concerning his Freehold IV. No spiritual person shall by himself or any other for his use buy to sell again for profit any cattel victual or Merchandize whatsoever in pain to forfeit treble the value thereof to be divided betwixt the King and the prosecutor and every such bargain shall be void V. Howbeit a spiritual person may buy horses Mares Cattel or other goods for his necessary use and imployment and in case they happen not fit for his turn may sell them again so as this be done without fraud or covin VI. Also Abbots Priors Abbesses Prioresses Provosts Presidents and Masters of Colledges and Hospitals and all other spiritual Governours and Governesses of any Houses of Religion lands of the yearly value of 800 Marks or under may use and occupy so much thereof for the maintenance of their houses as they or any of their Predecessors have done within 100 year last past notwithstanding this Act. VII Likewise Spiritual persons not having sufficient Glebe or Demesne lands in right of their Churches or houses may notwithstanding this Act for the only expences of their houses and for their carriages and journeyes take in farm other lands and buy and sell corn and cattel for the only manurance and pasturage of such Farms so as if it be done for such purposes only without fraud or covin VIII If any person having a Benefice with cure of Souls being of the yearly value of 8 l. or above accept another with cure of Souls and be Instituted and Inducted in possession of the same immediately upon such possession thereof the first Benefice shall be adjudged void and then it shall be lawful for the Patron thereof to present another as if the Incumbent had dyed or resigned any license union or other dispensation to the contrary notwithstanding IX Every license union or other dispensation obtained contrary to this Act shall be void And none shall obtain from Rome or elswhere any license union toleration or dispensation to receive any Benefice with Cure in pain of 20 l. to be divided betwixt the King and the Prosecutor X. Provided that every Spiritual person of the Kings Council may purchase license or dispensation to keep three Benefices with Cure and the Chaplains of the Kings Queens the Kings Children Brethren Sisters Unkles or Aunts may so keep each of them two XI Also an Archbishop and Duke may have each of them six Chaplains a Marquess and Earl five a Viscount and other Bishop four the Chancellor every Baron and Knight of the Garter three Every Dutchess Marchioness Countess and Baroness being Widows two the Treasurer and Comptroller of the Kings House the Kings Secretary and Dean of his Chappel the Kings Almoner and Master of the Rolls each of them two And the Chief Justice of the Kings Bench and Warden of the Cinque-ports each of them one And each of the aforesaid Chaplains may purchase license or dispensation to keep two Benefices XII Likewise the brethren and sons of Temporal Lords born in wedlock may purchase such license or dispensation to keep as many Benefices with Cure as the Chaplains of a Duke or Archbishop and the brethren or sons born in wedlock of every Knight may keep two XIII Provided that the aforesaid Chaplain shall exhibit where need shall be Letters under the Sign or Seal of the King or other their Lord and Master testifying whose Chaplains they be or else not to enjoy such plurality of Benefices XIV A so Doctors and Batchelors of Divinity Doctors of Law and Batchelors of Law-Canon admitted to their degrees by any of the Universities of this Realm and not by Grace only may purchase such license to keep two Benefices with Cure XV. And because Archbishops must use at consecration of Bishops eight Chaplains and Bishops at giving of Orders and Consecration of Churches six every of them may have two Chaplains over and above the number limited XVI Every Spiritual person that is advanced by colour of this Act to keep more Benefices with Cure then is abovelimited shall incur the penalty above provided by this Act. XVII Every Spiritual person promoted to any Arch-Deaconry Deanary or Dignity in a Monastery or Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall
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
in London York and Coventry are excepted * XIII Stat. 25 H. 8.2 The prizes of victual in all places except Corporations shall be assessed by the Kings Councellors Justices of either Bench and some other great Officers For which see the Statute at large XIV Provided that Head-officers in Corporations and others having authority to prize victual may still assess the prizes thereof as if this Statute had not been made XV. No Corn Beefs Muttons Veals Porks or other victual shall be transported beyond Sea except for victualling of Ships and barrelled butter and meal to be earried into Island in pain to forfeit the value thereof to be divided betwixt the King and the prosecutor XVI Stat. 2 3 E. 6.15 Butchers Brewers Bakers Poulterers Cooks Costermongers or Fruiterers which conspire or promise together that they will not sell their victuals but at certain prizes shall forfeit for the first offence 10 l. to the King and if they pay it not within six dayes after conviction they shall suffer twenty dayes imprisonment and during that time shall have no sustenance but bread and water for the second offence they shall forfeit 20 l. and that not paid within six dayes as aforesaid shall suffer the pillory And for the third offence shall forfeit 40 l. and that not paid within the time above limited shall again suffer the Pillory lose one of their ears and be ever after taken as men infamous and not to be credited and if such conspiracy be acted by the major part of a Company of such victuallers their Corporation shall be thereupon dissolved XVII Justices of Peace Mayors Bayliffs and Stewards in Sessions Leets and Courts have power to hear and determine these offences * XVIII Stat. 1 2 P.M. 5. None shall transport beyond sea or into Scotland any corn or grain of English growth or malt made there or any beer butter cheese herring or wood without lawful authority in pain that the owner of the vessel in which they are so transported shall forfeit his vessel the owner of the said Commodity so transported the double value thereof and the Master and Marriners all their goods and suffer a years imprisonment without bail Neither shall any convey by any vessel any of the aforesaid commodities to any other Ship or Vessel to be transported in pain to incur the like forfeitures and penalties XIX The one moyety of the said forfeitures shall accrue to the King and Queen and the other to the prosecutor XX. In case the King and Queen their heirs or successors grant license to transport such commodities the licensed shall not transport more then the license allows in pain to forfeit the treble value thereof and to suffer a years imprisonment without bail And such license shall ship the said commodities at one and the same place in pain to forfeit all his goods and chattels to be divided as followeth viz. the one moyety to the King and Queen and the other to the prosecutor XXI Justices of the Peace have power to examine all offenders against this Act and to hear and determine by the oaths of 12 lawful men the offences committed against the same XXII Provided that when wheat shall not exceed the price of 6 s. 8 d. Rye of 4 s. and Barley of 3 s. 4 d. the quarter it shall be lawful to transport them notwithstanding this Act Neither shall this Statute impeach the necessary victualling of Ships or the Admirals Jurisdiction Howbeit as to the transportation of Corn this Statute hath since been divers times altered by sundry subsequent Acts viz. 13 El. 1 Jac. 25. and 21 Jac. 28. and last of all by 3 Car. 4. which see in Corn and so it stands at this day XXIII Stat. 21 Jac. 21. The Statute of 32 H. 8.41 together with other Statutes coneerning horse-bread is repealed XXIV Inholders and Hostlers shall make no horse-bread shall sell their hay provender and victuals at reasonable prizes and shall take nothing for litter XXV This Act shall not restrain those that dwell in a Thorow-fair which is no Market-town and wherein there is no Baker to make horse-bread according to the just assize XXVI Justices of Oyâ—r and Terminer Justices of Peace Sheriffs in turns and Stewards in Leets have power to hear and determine these offences XXVII If any Inholder or Hostler which hath power by this Act to make horse-bread observe not the Assize or if he or any other offend this Law in any other kind whatsoever for the first offence they shall be fined for the second suffer a months imprisonment without bail for the third be set upon the Pillory and for the sourth shall be fore-judged from ever keeping an Inne again View I. West 2.48 13 E. 1. View of Land shall not be granted but where it is necessary for example if one lose land by default and afterwards moveth for a Writ to demand the same Land or when one by an exception dilatory abateth a Writ after view had as by non-tenure misnaming of the Town or the like In these cases upon purchase of another Writ view shall not be granted if he had view in the first Writ so in a Writ of Dower when the Dower in demand is of Land which the husband aliened to the Tenant or his Ancestors whereof the Tenant ought not to be ignorant Here albeit the husband dyed not seised yet view shall not be granted to the tenant Also in a writ of entry which abated because the Demandant misnamed the entry here if the demandant purchase another Writ of Entry the tenant having had view in the first Writ shall not have it in the second Likewise in all Writs where Lands are demanded by reason of a Lease made by the demandant or his ancestor to the tenant himself being within age non compos mentis in prison or the like view shall not be granted but if the demise were made to his ancestor view shall lye as hath been heretofore used II. Stat. De visu terrae Essoin de servitio Domini Regis 12. E. 2. View shall be granted in a writ of ward of customs and services of Advowson of a Church viz. when there be more Churches then one in a Town and all of one Saint of Dower to be assigned and of Nuper obiit Villenage I. The Statute of Purveyors cap. 18. 25 E. 3. Notwithstanding adjournment made in Eyre by writ de libertate probanda purchased in favour of Villeins to delay their Lords in their Actions for such Villeins the Lord may in all Writs plead the exception of Villenage against them whether such Writ were purchased by deceit or otherwise The Lords also may seize their bodies as well as they might have done before such Writs de libertate probanda purchased II. Stat. 38 E. 3.17 No Writ shall be abated by exception of Cognizance of Villenage if the Demandant or Plaintiff will aver that the party alledging the exception was free the day of the Writ purchased
the Kinsfolk that have such Ward from the time that Writs of impleading have not been granted which seems to be by Magna Charta 27. See before 3. shall have such Wardship to the heirs advantage without making waste sale or destructions as aforesaid XIV West 1.21 3 E. 1. Guardians shall keep the Lands in Ward without destruction according to Magna Charta so also shall Archbishopricks Bishopricks Abbacies Churches and all spiritual dignities be kept in time of vacation XV. West 1.22 3 E. 1. The Statute of Merton 6. before 4. as to the marriage of heirs without their Guardians consent is confirmed XVI The Lord may hold the land of heirs females two years after their age of 14. within which two years if he marry them not they shall go quit without giving any thing for the Wardship or Marriage and if they will not accept a convenient marriage tendered by the Lord he shall hold their land till their age of 21 years and over untill he have taken the value of the marriage XVII West 2.16 13 E. 1. Where one holdeth sundry lands of divers Lords by Knight-service that Lord shall have the marriage by whom the childs Ancestor was first enfeoffed without having respect to the sex or the quantity of the land but only to the more ancient Feoffment XVIII West 2.35 13 E. 1. Where children whose marriage belongeth to another are taken away the ravisher having no right to marriage albeit the ravisher afterwards restore the child unmarried or pay for the marriage yet for his offence he shall be punished by two years imprisonment and in case he do not restore or marry the child after years of consent and be not able to satisfie for the marriage he shall abjure the Realm or hav perpetual imprisonment and thereupon the Plaintiff shall have a Writ of Ravishment of Ward in this form XIX Si A. secerit te securum de clamore sue c. tunc pone per vad c. B. quod sit coram Justic c. oftensurus quare talem haeredem insâ—â—a aetatem existentem cujus maritagium ad ipsum pertinet tali loco inventum rapuit abduxit contra voluntatem ipsius A. contra pacem nostram c. XX. If the heir be in the same County then this clause is to be added Et diligenter inquiras ubi ille haeres sit in baliva tua ipsum ubicunque fuerit inventus capias salvo secure custodias ita quod eum habeas coram praefat Justic nostris ad praefat terminum ad reddendum cui praedictorum A. vel B. reddi debeat XXI Process shall be made against the offender by distress if he have whereby to be distrained or else for his contumacy he shall be outlawed XXII If the heir be married or carried into another County the Writ shall be directed to the Sheriff of that other County in this form Questus est nobis A. quod B. nuper talem haeredem infra aetatem in custodia sua existentem tali loco in tali Comitatu rapuit de Comitatu tali ad talem locum in Com. tuo abduxit Contra voluntatem ipsius A. contra pacem nostram c. Et ideo tibi praecipimus quod praedicium haeredem ubicunque in baliva tua invenire poteris capias salvo secure eum custodias Ita quod eum habeas coram Justic nostris c. tali dic quam idem A. habet versus praedict B. ad reddendum cui de jure reddi debeat XXIII The death of the heir before he can be found or restored to the Plaintiff shall not stop the Suit nor excuse the ravisher from punishment or if the Plaintiff die his heir shall revive the Suit if the right did belong unto the Plaintiff by reason of his proper fee but if it were by gift sale or the like the suit shall be revived by his Executors or in case the Defendant die the suit shall be re-summoned betwixt the Plaintiff his heirs or executors and the Executors of the Defendant or his heirs if the Executors be not sufficient to satisfie the value of the marriage but not as to the pain of imprisonment for none shall be punished for anothers offence XXIV Also in a Writ de Communi custodia if either party die hanging the Suit resummons shall be made betwixt the heirs and executors of the Plaintiff and the heirs and executors of the Defendant and when they have passed to the great distress day shall be given within which time three Counties may be holden at least in every of which proclamation shall be made that the deforceor shall appear in the Bench at the day contained in the Writ to answer the Plaintiff at which day if he come not and the proclamation be returned once twice or thrice the Judgment shall pass for the Plaintiff saving the defendants right if after he will claim it The like also shall be done in a writ de ejectione custodiae XXV The Stat. of Wards and Reliefs 28 E. 1. where any relief is given there Wardship is incident contra XXVI Unto Grand Serjeancy viz. to go with the King in his Host ward and relief are incident but not to petty Serjeancy as to bear shield or spear there XXVII A free Sokeman shall neither give ward or relief but shall double his rent after the death of his Ancestor and shall not be unmeasurably grieved XXVIII There are two kinds of Writs to recover Wards viz. the one is where land is holden in Knight-service and the other where it is holden in soccage The Ward of Land in Knight-service belongs to the Lord and the marriage also which ought to be without disparagement untill he attains to the age of 21 years XXIX The Ward of an Heir that holdeth in soccage if the land descended on the mothers side belongs to the next friend on the Fathers side contra XXX There are three manner of Writs to recover Wards 1. When both the land and heir is demanded called a Writ de Communi custodia and in this case the chief Lord shall recover both the Ward and marriage 2. When the tenant hath purchased lands holden of several Lords in which case the Lord of whom the land last purchased is holden shall neither have the land nor heir but the Lord that first enfeoffed the tenant shall have them 3. When one hath lands by reason of a Ward but hath not the Heir here he may have a Writ to demand the heir and not the land and this is called a Writ of Ravishment of Ward XXXI Prerog Reg. 1. 17 E. 2. The King shall have the Ward of all lands holden of him in chief by Knight-service whereof the Tenant dyed seised of whomsoever they hold by like service so as they held anciently any land of the Crown until the Heir came to his lawful age except the fees of the Archbishop of Canterbury the Bishop of Duâ—â—sme
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
thereupon XX. The savings in this Act and in that of 32 H. 8.1 of custody wardship relief and primer seisin to the King and of custody and wardship to other Lords shall be expounded thus That the King shall have for his full third part such mannors lands and tenements as shall descend as well in fee-tail as in fee-simple to the heir of the person that made such Will or disposition as aforesaid and that the will or gift of the two parts shall be good in Law albeit the will or gift be made of all the fee-simple lands or the more part thereof Howbeit if the King have not a full third part left him he shall take out of the two parts so much as shall make it up to be severed by commission as aforesaid and such advantage also is given to other Lords for their third parts and the like shall both the King and they do in case their third parts or any parcel of them be evicted from them or determined XXI A Pardon of alienation must be sued by those to whom lands are devised for which they shall pay a third part of the value of the lands holden in chief and this Act shall be sufficient warrant for the Lord Chancellor to grant such pardons under the Great Seal without further suit to be made to the King for the same XXII Wills or Testaments of mannors lands c. made by femes covert Infants Idiots or persons of non sane memory shall not be good in Law XXIII If any person or persons shall by will or act executed make any estate for years life or lives with one remainder over in see or with divers remainders over for term of life years or in tail with a remainder over in fee-simple or any other estates conditions mesnalties tenures or conveyances by fraud and covin to the intent to defraud the King of his Prerogative primer seisin livery relief wardship marriages or rights or any other Lords of their wardships reliefs heriots or other profits and such estates or other conveyances be found by office to be so made by covin fraud or deceit In this case the King shall enjoy his Prerogatives and profits aforesaid according to this and the said former Act notwithstanding such estates or conveyances until such office be annulled by traverse or otherwise Also other Lords shall have their remedy in such cases for their wardships by writ of right of ward and shall distrain and make avowry or conusance by themselves or their Bailiffs for their reliefs heriots and other profits as if no such estate had been made Howbeit the right and title of the donees feoffees lessees and devisees thereof against the devisors and his heirs after the interest of the King and other Lords determined are saved XXIV Provided that every person from whom the King or other Lord shall take any mannors lands c. for their third part or to make it up may have relief in Chancery against every person who shall be intituled by any such will or gift to the other two parts to have such contribution for the same as the Lord Chancellor or Keeper shall think convenient VVines I. The Statute of Glocester 15.6 E. 1. The Mayor and Bailiffs now Sheriffs of London before the coming of the Barons which should be at their rising after Candlemas term as appears by the 14. Chapter of this Statute shall inquire of Wine sold against the Assize and shall present it before them at their coming and then they shall be amerced whereas they were wont to tarry until the coming of the Justices Obsolete * II. Stat. 4. E. 3.12 None shall sell Wines but at a reasonable price according to the price at the Ports from whence they come and the expence of their carriage to the places where they are sold Tryal shall be made of such Wines twice a year viz. at Easter and Michaelmas and Officers if need require by the Lords of Towns and their Bailiffs and likewise by Mayors and Bailiffs and all corrupt Wines shall be poured out and the vessel broken Also the Chancellor Treasurer Justices of the Benches and Justices of Assize shall have power to inquire of Mayors Bailiffs and Ministers of Towns that do not observe this Ordinance and to punish them as reason requires * III. Stat. 27. E. 3. Stat. 1. cap. 5. No English Merchant shall forestal Gascoign Wines nor buy them of any Gascoign or other to pay in England for any greater price then they are commonly sold at in Gascoign because of Prest peril of the Sea and by any other colour in pain of life and member and to forfeit their Wines Goods and Chattels to the King and their lands to the chief Lords But here the felony and forfeiture of laws are repealed by 37 E. 3.16 Ob. IV. Cap. 6. Gascoign Merchants and other strangers may bring their Wines to what Port of England they please so as the Kings Butler may make purveyance for Wines of Aliens making payment for them within 40 days Ob. V. Cap. 7. No English Merchant shall buy Wines in Gascoign before the Vintage Nor then but at Burdeaux and Bayon upon the pain mentioned in the 5th Chapter Put that as to the sâ— loâ—y and forseiture of Lands is repealed by 37 E. 3.16 as aforesaid Obsolete * VI. Stat. 37. E. 3.16 The felony and forfeiture of lands inflicted by 27 E. 3.5 7. are repealed and inquiry shall be yearly made within the Kings dominions in Gascoigne of Couchers of England who lie there to buy Wines Obsolete VII Stat. 38. E. 3.10 A confirmation of the Statutes made for wines Obsolete VIII Stat. 38. E. 3.11 All Merchants Denizens that be not Artificers may go into Gascoign to fetch wines and Aliens may bring wines into this Realm IX Stat. 43 E. 3.2 English Irish and Welsh-men being not Artificers may fetch wine in Gascoigne so as they find sureties to buy 100 Tun of their own goods and to bring the same into England Ireland or Wales X. Stat. 6. R. 2. Stat. 1.7 Sweet wines shall be sold in England at the price that Gascoign and Rhenish wines are sold for and not above in pain to forfeit the same XI Stat. 23 H. 6.18 No new impositions shall be laid upon them that buy wines in Gascoign and Guienne by any of the Kings Officers in those parts in pain of 20 l. and treble damages Obsolete * XII Stat 28. H. 8.14 The Lord Chancellor Treasurer President of the Council Privy Seal and the two chief Justices or five four or three of them have power at their discretions to set the prices of all kinds of wines viz. of the But Tun Pipe Hogshead Puncheon Tierce Barrel or Runlet when they shall be sold in grosse so as they cause the prices so set to be written and openly proclaimed in Chancery in the Term-time or else in the City Burrough or town where any such wines are sold in grosse XIII None shall sell wine
any other council assembled by the King's command onely if it be not Term-time he shall then appear the first day of the Term following that quarter and upon appearance shall be proceeded against as before Assises I. Magna Charta cap. 12. 9 H. 3. Assises of novel disseisin and Mortdancester shall be taken in their proper Shires in this manner The King or in his absence out of the Realm the chief Justices shall once a year send the other Justices through every County to take together with the Knights of the Shires such Assises in those Counties and such things as cannot be there determined shall be ended elsewhere in their Circuits Also difficult matters shall be referred to the Justices of the Bench to be there determined II. West 1. Cap. 24. 3 E. 1. If any Escheator Sheriff or other Bailiff of the King do by colour of his office without special warrant pertaining to his office disseise any man of his free-hold or any thing belonging thereunto it shall be in the election of the disseisee whether the King by office shall cause it to be amended upon complaint or that he will sue by writ of Novel disseisin wherein if the disseisor be attainted the disseisee shall recover double dammages and the disseisor shall also be grievously amercied to the King III. West 1. cap. 36. 3 E. 1. If any be attainted of disseisin done in the now King's time with robbery of goods or otherwise the disseisee by Assise of Novel disseisin shall recover his seisin and dammages and the disseisor whether present or not shall make fine and if present shall be committed IV. West 1. cap. 48. 3 E. 1. Assises of Novel disseisin Mortdancester and Darreine presentment shall be taken in Advent Septuagesima and Lent as well as inquests and that at the special request of the King made to the Bishops V. West 2 cap. 25. 13 E. 1. For estovers of wood profit to be taken in woods corrodie delivery of corn and other victuals and necessaries to be received yearly in a certain place toll tunnage passage pontage pawnage and the like to be taken in places certain keeping of Parks Woods Forests Chases Warrens Yates and other Bailiwicks and offices in Fee an Assise of Novel disseisin shall be and in such cases the Writ shall be as in other cases de libero tenemento VI. It shall also be for Common of Turf-land fishing and such like common appendant to Free-hold or by special deed as it heretofore held place for common pasture provided the estate therein be at least for life VII If any holding for years or in ward aliene the fee remedy shall be had by this Writ and both the feoffors and feoffees shall be had for disseisors so that during the life of any of them the said Writ shall hold place and if they die the remedy shall be by Writ of Entry VIII The giving of this Writ in new cases shall not diminish the force thereof in those wherein it had force before and remedy also shall be had thereby in case where one feedeth in the several of another IX In this suit if the Defendant fail to make good the exception which he pleads he shall be adjudged a Disseisor without taking the Assise and shall give to the Plaintiff double dammages both inquired and to be inquired and besides shall suffer a year's imprisonment X. If such an exception be alledged by a Bailiff the taking of the Assise shall not be thereby delayed nor yet the Judgment upon the reftitution of the lands and dammages Howbeit if the Master of such Bailiff afterwards offer to prove to the Court by matter of record that there was just exception whereby the Plaintiff might have been barred he shall have a Venire facias to produce such record and then if the Justices see cause the Plaintiff shall be warned to appear at a certain day and the Defendant shall then have again his seisin and dammages and the Plaintiff shall be punished by imprisonment at the discretion of the Justices In like manner also shall the Justices proceed in case the Defendant's proof is by deeds or releases and if the Plaintiff purchased the Assise contrary to his own deed he shail be punished as aforesaid XI The Sheriff shall not take an Ox of the disseisee but of the disseisor onely and but one Ox though there be many disseisors named in the Writ and that Ox shall not exceed 5 s. in value Note that 5 s. then hath now the value of 15 s. XII West 2.46 13 E. 1. Where common of Pasture hath been usurped during Nonage Coverture tenancy in dower by the courtesie for life years or in tail it hath been holden that if such possessor of common be deforced he ought to have Action by Writ of Novel disseisin it must now be holden that such as have entred within the time that an Assise of Mortdancester hath lain if they had no common before shall not recover by Writ of Novel disseisin albeit they be deforced XIII Stat. de conjunct feoffatis 34 E. 1. In an Assise of Novel disseisin if joynt-tenancy be pleaded by force of a Deed upon the Plaintiff's averment against it the Justices shall keep the Deed until the trial and in the mean time shall by scir ' facias summon the absent joynt-tenant to be present with the Defendant at the said trial and they shall there maintain the Plea if they can But if it shall then be proved by an Assise that the Plea was maliciously alledged to delay the Plaintiff albeit the Assise doth pass for the Defendants yet he who pleadeth that exception shall suffer one whole year's imprisonment and shall not be enlarged without grievous fine And if it be found by Assise that the Plaintiff was disseised he shall recover seisin and double dammages and the trial shall go on notwithstanding such plea and albeit neither of the pretended joynt-tenants appear howbeit joynt-tenancy shall not be pleaded by Bailiffs XIV Also in Assises of Mortdancester and juris utrum the like course shall be taken as in those of Novel disseisin XV. In other Writs likewise whereby Tenants are demanded save that in them the dammages are referred to the discretion of the Justices XVI Stat. Eborum 34 E. 2.1 Tenants in Assise of Novel disseisin may make Attorneys and may also plead by Baâ—hffs as in times past XVII Stat. 7 R. 2.10 An Assise of Novel disseisin for rents issuing out of lands in divers Counties shall be taken in Confinio Comitatus as is used for Common of pasture in one County appendant to tenements in another XVIII Stat. 1 H. 4.8 A special Assise is maintainable by the disseisee for such lands as are granted by the King's Patent without title first found by inquest for the King without suit to be made to the King in that behalf and if the Patentee pray in Aid of the King a Procedendo shall be also granted without suit XIX