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
writ of attaint after the Teste these words shall be inserted Per statutum continuatum usque annum 23 H. 8. Dei gratiâ c. LII This act shall not be prejudicial to the Statute of 11 H. 7.21 but every man for any untrue verdict in London may bring an Attaint upon this or that at his pleasure LIII Stat. 37 H. 8.5 Citizens of London being worth 400 marks in personal estate may be impannelled and returned by the Sheriffs of London upon Attaints there albeit they have no real estates notwithstanding the Statute of 23 H. 8.3 LIV. The Justices shall hereafter sit upon Attaints in London at Guildhall or some other convenient place in that City and not elsewhere neither shall the Citizens there be compellable to appear upon any such Attaint in any other place notwithstanding the saâ—d Statute of 23 H. 8. Attorney I. Merton Cap. 10. 20 H. 3. Every Free-man that oweth suit to the County Tithing Hundred or Wapentake or to a Court-Baron may make an Attorney to doe his suit for him II. West 2. Cap. 10. 13 E 1. Any person may make a general Attorney to sue in all Pleas during the circuit of Justices in Eire howbeit that shall not excuse the party from being put upon Juries and Assises before the same Justices III. Stat. 7 R. 2.14 They who shall depart the Realm with the King's licence may before their departure have a Patent from the Chancellor with the advice of the Justices inabling them to make general Attorneys to answer for them in Writs of Praemunire facias and all other Writs and Plaints in which Patent particular mention shall be made of Writs and Plaints of Praemunire facias and those Attorneys may make Attorneys under them IV. Stat. 4 H. 4.18 All Attorneys shall be examined by the Justices and by their discretion put into the Roll. V. Those that are by them approved shall swear truly to serve in their Offices and to make no suit in a forein County An insufficient Attorney shall be put out by the like discretion of the Justices and their Masters or Clients shall have notice thereof lest they be prejudiced thereby VI. As any die or cease the Justices shall appoint others being vertuous learned and sworn as aforesaid VII If an Attorney be found notoriously in fault he shall forswear the Court and be never admitted into any other Court VIII The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion IX Stat. 4 H. 4.19 No Officer of a Lord of a Franchise which hath return of Writs shall be an Attorney in the same X. Stat. 7 H. 4.13 Impotent persons that are out-lawed may make their Attorney Howbeit in the Writ of Capias ad satisfac ' the Common Law shall still hold place XI Stat. 33 H. 6.7 There shall be but six common Attorneys in Norfolk six in Suffolk and two in Norwich if that shall seem reasonable to the Justices But it seems the Justices did not think it reasonable because this Act was never yet put in ure XII Stat. 32 H. 8. ca. 30. Every Attorney shall enter his Warrant of Attorney in every suit upon record in Conrt on pain of 10 l. and further punishment by imprisonment at the discretion of the Court. XIII Stat. 3 Jac. 7. An Attorney Sollicitor or servant to any shall not be allowed any fees laid out for counsel or otherwise unless he have tickets thereof signed by the hand of them that receive such fees and he shall also give unto his Client true Bills of all the charges of suit under his own hand before he can charge his Client with the payment thereof XIV If he delay his Client's suit for gain or demand by his Bill more then his due fees and disbursements the Client shall recover against him his costs and treble dammages and he himself shall be for ever after disabled from being an Attorney or Sollicitor any more XV. None shall be admitted Attorneys in Courts of Record but such as have been brought up in the same Courts or otherwise well practised in solliciting of Causes and also skilful and of honest disposition and none but such shall be hereafter suffered to sollicit Causes in any Court XVI An Attorney shall not admit any other to follow a suit in his name in pain that each of them shall forfeit twenty pounds to be divided betwixt the King and party grieved Avowry I. Stat. 21 H. 8.19 Upon a Replevin sued an Avowry may be made by the Lord or Conusance and justification by his Bailiff or servant upon the land holden of the said Lord without naming any person certain to be tenant thereof The like law is also upon every Writ sued of second deliverance II. In any Replegiare or second deliverance for rents customs service or dammage feasant if the Avowry Conusance or Justification be found for the Defendant or the Plaintiff be non-suit or otherwise barred the Defendant shall recover such dammages and costs as the Plaintiff should have had if he had recovered III. Both parties shall in such Writs have like pleas Aid Prayers and Joynders in Aid as at the Common Law notwithstanding this Act Pleas of disclaimer onely excepted Banks I. Magna Charta 9 H. 3.15 No Town or Free-man shall be distrained to make Bridges or Banks but such as of old time and of right have used to make them in the time of King Henry our Grandfather II. Magna Charta 9 H. 3.14 No Banks shall be defended from henceforth but such as were in defence in the time of King Henry our Grand-father by the same places and bounds as in his time III. Stat. 27 Eliz. 24. Justices of Peace in Norfolk shall take order for the repair of Sea-Banks and Sea-works within the same County IV. Every person shall be charged towards the repair of Sea-banks as they are chargeable towards High-waies V. The High-Constables shall be surveyours of that work VI. Those charged towards Sea-works shall be discharged towards the amendment of High-wayes Bankrupts I. Stat. 34 H. 8.4 The Lord Chancellor Treasurer c. shall take order with Bankrupts bodies lands and goods for the payment of their debts But this was altered by the ensuing Statutes II. Stat. 13 Eliz. 7. If any person Subject or Denizon exercising trade doth depart the Realm conceal him or her self take Sanctuary suffer him or her self to be arrested out-lawed or imprisoned without just canse to the intent to defraud Creditors being also Subjects born he shall be deemed a Bankrupt III. The Lord Chancellor or Keeper upon complaint in writing against any such Bankrupt may appoint honest and discreet persons to take such order with the body of such Bankrupt wheresoever found and also with the lands as well Copy as Free hereditaments annuities offices writings goods chattels and debts wheresoever known which the Bankrupt hath in his own right with his wife child or children or by way of trust to any secret use
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
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
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
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
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
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
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
be freed from Castle-gard doing the service by himself or another or being with the King in his Host III. West 1.7 3 E. 1. No Constable or Castellane shall exact any thing of any but such as reside in their Town or Castle unless it be an ancient price due to the King Castle or Lord of the Castle Certificate of the cause of Attainder c. I. Stat. 34 H. 8.14 The Clerks of the Crown Assise and Peace shall certifie unto the King's Bench the tenor of every Indictment Outlawry or Conviction and Clerks Attaint had before them respectively for any felony or other offence and that within 40 days next after such attainder conviction or outlawry if it be Term-time otherwise within 20 dayes after the beginning of the Term next following the 40 dayes and shall also deliver a transcript of the indictment to the Ordinary to whom the person attainted is committed and all this in pain of 40 s. to the King and prosecutor But note that the transcript to the Ordinary need not now since the Statute of 18 Eliz. 7. which see after in Clergy * II. The Clerk of the Crown shall receive such certificates in pain of 40 s. for every one refused III. When the indictment containeth more names then are convict a transcript containing onely the names of such as are convict shall serve IV. The Clerk of the Crown being sent to by the Justices of Gaol-delivery or Peace for the name of any person so convict and certified shall without delay send a certificate thereof in pain of 40 s. V. No certificates out of Wales Chester Lancaster Duresm Cessavit I. Gloucester cap. 4. 6 E. 1. If a Free-farmer cease to pay his rent two years together the Lessor shall have a Cessavit against him and recover the land unless before Judgment he pay the arrearages and give security to pay duly for the future II. West 2 cap. 21. 13 E. 1. A Cessavit by the Chief Lord against his Free-hold tenant that ceaseth per biennium III. A Cessavit is maintainable by the heir of the Demandant against the heir or assigne of the Tenant Challenge I. Stat. De Inquis 33 E. 1. If one challengeth a Juror for the King he shall forthwith assign the cause which shall be presently tried by the discretion of the Justices II. If he alledge not a good cause or it go against him the Inquest shall be forthwith taken III. Stat. 7 H. 7.5 Riens diens le Garde shall not be admitted for challenge in London IV. Stat. 33 H. 8.23 Peremptory challenge shall not be admitted in cases of High Treason or misprision of Treason V. Stat. 1 E. 6.12 All Statutes made during the Reign of H. 8. touching challenges and forem pleas are confirmed Champerty * I. West 1.25 3 E. 1. No Officer of the King shall maintain plea of lands or other things to have part thereof or other profit by Covenant between them made in pain to be punished at the King's will II. West 2.49 13 E. 1. The Chancellor Treasurer Justices or any of the King's Councel Clerks of Chancery Exchequer or of any Justice or other Officer or any of the King's house Clerk or Lay shall not receive any Church or Advouson Land or Tenement in fee by gift by purchace to farm by Champerty or otherwise so long as the same thing is in plea nor shall take any reward thereof in pain to be punished at the King's will both buier and seller III. Stat. 20 or 21 E. 1. made at Barwick The attainted of Champerty shall suffer three years imprisonment and be fineable at the King's will where you have also the form of a Writ for remedy thereof to be issued out by Gilbert de Thornton IV. Artic. super Chart. 11. 28 E. 1. None shall take upon him a business in suit with an intent to have part of the thing sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as do amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King in the Court where the plea hangeth V. This shall not prohibit any to take counsel at Law for the fee or of his parents or friends VI. Stat. 33 E. 1. Anno Domini 1304. Champertors are such as move pleas and suits or cause them to be moved either by themselves or others and prosecute them at their own charge to have part of the thing in variance or part of the gains VII Stat. 33 E. 1. Anno Domini 1305. None of our Court of Pleaders Attorneys Stewards Bailiffs or any other shall take any plea or suit to Champerty or for maintenance in pain that they together with the consenters thereunto shall suffer three years imprisonment and be fined at the King's will See also there the form of a Writ for the same purpose and also against Conspirators Chancery Masters in Chancery I. Artic. super Chart. 5. 28 E. 1. The Chancellour and the Justices of his Bench shall follow the King to the end he may have always near him such as be learned in the Laws to order matters that shall come to the Court. II. Stat. 36 E. 3.9 Whosoever findeth himself grieved with any Statute shall have his remedy in the Chancery III. Stat. Car. 2. not printed The office of the Masters in Chancery being of very ancient institution and necessary attendance for dispatch of business in the Court and being thought more proper and safe for the subject in general that Affidavits Answers Recognisances and acknowledgments of Deeds should be in some publick place then in private studies and houses as formerly and for the just incouragement of the said Masters for their attendance and support in due discharge of their places enacted that one publick office be kept and no more near the Rolls in which the said Masters some or one of them shall constantly attend for the administring of oaths caption of deeds and recognisances and dispatch of all matters incident to their office References upon accounts and insufficient answers onely excepted from 7 a clock in the morning until 12 at noon and from 2 in the afternoon until 6 at night and the said Masters may demand and take the Fees following viz. For every Affidavit or oath taken in the said office 12 d. For every bill of Costs to be taxed by them for the Plaintiff's not putting in his bill or not proceeding to reply or for the Defendant's not appearing in due time 2 s. 6 d. For the acknowledgment of every deed to be enrolled 2 s. For the caption of every recognisance 2 s. For every exemplification examined by two of the said Masters to each of the said Masters who shall examine the same for every skin of parchment so examined 2 s. For every Report or Certificate to be made in pursuance of any order
shall be void X. Stat. 1 H. 4.4 The Parliament holden in Ann. 11 R. 2. shall be holden and kept according to the purport thereof as a thing done to the great honour and common profit of the Realm XI Stat. 1 E. 4.1 An Act was made whereby was confirmed all Judicial Acts Exemplifications Concords Recoveries Process in Court c. made in the times of H. 4. H. 5. and H. 6. and all grants and letters Patents of divers things mentioned in the said Act made by any of the said three kings See the Statute at large XII The confirmation of divers particular Statutes See under their proper titles ☞ Conjuration Enchantment and Witchcraft * I. Stat. 1. Jac. 12. If any shall be convicted to have used any invocation or conjuration of any evil Spirit or to have consulted covenanted with entertained imployed fed or rewarded any such Spirit or taken up any dead person or the skin bone or other part thereof to have used in Witchcraft Sorcery charm or inchantment or to have used any of the said Arts to kill consume and lame any person they together with their accessaries before the facts shall suffer as felons without benefit of Clergie II. If any shall be convicted to have by Witchcraft Sorcery Charm or Inchantment undertaken to tell where any treasure or goods lost or stollen may be found or are become or to provoke any to unlawfull love or to destroy or hurt any cattel goods or person albeit the same be not effected they shall for the first offence suffer one year's imprisonment without bail once every quarter of that year-stand six hours upon the pillory in some open Fair or Market and there make open confession of the offence committed and for the second offence shall suffer as felons without benefit of Clergie III. But in these cases shall be no loss of dower or disherison of heir And a Peer being an offender shall be tried by his Peers ☞ Conspiracie I. Artic. sup Charta 10. 28 E. 1. Against Conspirators false Informers and imbraceors of inquests the King hath provided a Writ in the Chancery and the Justices of either Bench and Justices of Assize shall upon every plaint thereof award inquests thereupon without Writ II. Stat. 33 E. 1. Conspirators are such as bind themselves by oath or other alliance falsly and maliciously to indict and falsly to move and maintain pleas and such as cause children within age to appeal men of felony and retain men to maintain their malicious enterprizes And this extendeth as well to the takers as givers and also Stewards and Bailiffs who by their power maintain debates that concern not their Lords but other parties III. Stat. 7 H. 5. Whereas divers have been indicted for treasons and felonies supposed to be committed in places there being none such to be found every Justice having power to hear and determine such offences by the oath of twelve men whereof each shall have Free-hold within the County of the yearly value of 5 l. besides all reprises shall before Exigent inquire of Office whether there be indeed any such places or no And if there be no such place or places in the County where such appeals or indictments are made they and the process thereupon shall be void and the Indictors shall be punished by imprisonment fine and ransome at the discretion of the said Justices and if any Exigent be awarded before inquisition it shall be also void This Act to continue in force untill the next Parliament IV. Stat. 9 H. 5.1 The Stat. of 7 H. 5. shall continue in force untill the next Parliament after the King's return from beyond Sea V. Stat. 18 H. 6.12 The Statute of 9 H. 5.1 made perpetual because H. 5. dying beyond Sea some were of opinion it was expired Constable and Marshal I. Stat. 8 R. 2.5 The Constable and Marshall shall not have conusance of Pleas or suits which ought to be discussed at the Common Law II. Stat. 13 R. 2. Stat. 1.2 The Constable of England hath cognisance of things concerning Arms and Wars which cannot be discussed by the Common Law III. In this Court the Plaintiff shall plainly declare his matter in his Petition before the Defendant be sent for IV. When a Plea is commenced before the Constable and Marshall which may be tried at the Common Law the party grieved shall have a privy Seal to cause the Constable and Marshall to cease untill it may be decided by the King's Councel whether it may be tried there or at the Common Law Contra formam Collationis I. West 2.41 13 E. 1. If lands given to Abbies Priories Hospitals or other Religious Houses or to maintain a Chantery a light or Alms be alienated the King shall seize it and the purchaser shall lose both the land and his money II. If the house were founded by a Subject he shall recover the land by a Writ which see in the Statute at large III. If it were given to maintain a Chanterie a light or Alms and not aliened but the duty withdrawn two years together the donor or his heir shall recover it by Cessavit Conventicles 1. Stat. 16 Car. 2. cap. 4. The Stat. of 35 El. cap. 1. declared to be in force and further remedies against the dangerous practices of seditious Sectaries and other meetings in Conventicles under colour of exercise of Religion and the Act at large being upon continuance for 3 years after the end of this Parliament and to the end of the next session of Parliament after the said 3 years and no longer Conusance I. Stat. 9 H. 4.5 Where in Assizes and Pleas of land or rent within Franchises and ancient Demesne against certain persons the names of the Mayors Bailiffs or Communalties in Franchises and of the Lords or Bailiffs in ancient Demesne are therein also by collusion inserted supposing them also to be disseisors or tenants of the land and with purpose to exclude them from the conusance of the matter in Plea which by reason of their Franchises and Liberties ought to be discussed before them in such Assizes and Writs the Justices shall upon request first inquire by the same Assize whether they be indeed disseisors or tenants or whether their names be inserted by fraud as aforesaid II. If it shall be found by fraud the Assizes or Writs shall abate and the Plaintiff shall be grievously amercied notwithstanding there be others named therein who are in truth disseisors or tenants III. Stat. 8. H. 6.26 In Assizes or personal actions if the Defendant make default by collusion with purpose that Mayors Bailiffs or other Communalties or Lords and Bailiffs should lose their jurisdictions the Justices shall upon request inquire thereof by Assizes or inquests where both the Plaintiffs and the owners of such Franchises and Liberties may have their challenges And if collusion be found the Writs shall abate and the Plaintiff shall be amercied Copiholds I. Stat. 7 Jac. 21. Compositions made by Decrees in the Exchequer
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.
II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority and that the same having made several alterations prejudicial to the ancient rights of Parliament and contrary to the laws of the land and by experience is found inconvenient doth repeal and adnull the said recited Act to all intents and purposes whatsoever III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops Bishops or persons therein named but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same IV. Proviso and enacted that it shall not be lawfull for any Arch-Bishop Bishop Chancellor or other Ecclesiastical Judge Officer or person having or exercising spiritual or Ecclesiastical jurisdiction to tender or administer unto any person whatsoever the oath Ex officio or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess or accuse or purge him or her self of any criminal matter or thing whereby he or she may be liable to censure or punishment V. Proviso Not to give any other jurisdiction to any Arch-Bishops c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament or established by the Laws as they stood in the year 1639. ☞ Cross-bows and Hand-guns * I. Stat. 33 H. 8.6 None shall shoot in or keep in his house any Cross-bow Hand-gun Hagbut or Demihake unless his lands be of the value of 100 l. per annum in pain to forfeit 10 l. for every such offence II. None shall shoot in or have any Hand-gun under the length of one yard nor Hagbut or Demihake under the length of three quarters of a yard in pain to forfeit 10 l. And it shall be lawfull for any man having lands of 100 l. per annum to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute but then he ought to break them within 20 days after in pain of 40 s. III. None shall travell with a Cross-bow bent or Gun charged except in time of war or shoot within a quarter of a mile of a City Borough or Market-Town except for the defence of himself or his house or at a dead mark in pain of 10 l. IV. None shall command his servant to shoot in any Gun or Cross-bow except at a dead mark or in time of war in pain of 10 l. V. The penalties abovesaid shall be divided betwixt the King and the prosecutor VI. Howbeit the followers of Lords Spiritual or Temporal Knights Esquires Gentlemen and the inhabitants of Cities Burroughs or Market-towns may keep in their houses and use to shoot but at a dead mark onely with Guns not under the lengths abovesaid so may the Owner of a Ship for the defence of his Ship and also he that dwells two furlongs distant from a Town or within five miles of the Sea-coast and this last may shoot at any wilde beast or fowl save onely Deer Heron Shovelard Fesant Partridge wild Swan or wilde Elke VII Those which have power from the King to take away Guns and Cross-bows in Forests Parks and Chases may retain the same notwithstanding this Act so likewise may Smiths and Merchants that make or sell them the several lengths abovesaid being duly observed ☞ VIII It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace who upon due examination and proof shall have power to commit him to prison there to remain till he hath satisfied the penalty which in this case shall be divided betwixt the King and the party that so takes the offender IX Every Placart granted by the King which expresseth not at what beasts or fowl the Grantee shall shoot and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other shall be adjudged void X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences XI When the conviction is in Sessions the whole forfeiture is to be levied to the King's use when in a Leet the one half is the King 's and the other half ought to be divided betwixt the Lord and the prosecutor XII Here if a Jury shall willingly conceal any thing the Justices or Steward have power to impannel another Jury by whom if the first Jury be found guilty of concealment they shall forfeit 20 s. a piece viz. to the King if it be in Sessions but if in a Leet then the one half to the Lord and the other half to the prosecutor XIII Forfeitures arising by this Act shall be sued for viz. by the King within one year and by a common person within six months otherwise they shall be lost XIV A servant upon command may use his Master's Cross-bow or Gun not prohibited by this Act so as he shoot at no fowl Deer or other game and may also by a license in writing carry it to any place to be mended * ☞ XV. Stat. 2. 3. E. 6.14 None under the degree of a Baron shall shoot in any Hand-gun within any City or Town at any fowl whatsoever or with any hail-shot in pain of 10 l. and 3 months imprisonment XVI This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6 so that they forbear to use any hail-shot and all other that presume to shoot shall present their own names viz. in a Corporation to the Mayor or Head-officer and in the County to the next Justice of Peace in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor Crosses I. West 2.33 13 E. 1. Lands where Crosses be set with purpose that the tenants thereof should defend themselves against the chief Lord or Lords by the Privileges of Templars and Hospitallers shall be forfeited as lands aliened in Mortmain ☞ Crown I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France II. Stat. 7 H. 4.2 The Crown of England and France were intailed to the King and his four sons by name III. Stat. 35 H. 8.1 The Crown of England is intailed to the King's daughter the Lady Mary the remainder to the Lady Elizabeth the
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
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
wager of Law c. shall be allowed CLXI The party offending against this Act shall be disabled to execute any employment in any Court of Justice and to exercise any Jurisdiction by the force of any Letters Patents from the King CLXII No new Court which may have the like power that the High Commission pretended to have shall be hereafter erected but all such jurisdictions and all acts sentences and decrees made by colour thereof shall be utterly void and of none effect Vid. Title Courts and Eccclesiastical Jurisdiction n. 1.11 c. Cui in vitâ I. West 2.3 13 E. 2. A Writ of Entry called Cui in vita is given to the wife for the recovery of her land lost by the default of the husband in his life time and in his life time also she shall be admitted to defend her right if she come in before judgment II. The like priviledge is given to the Reversioner where the tenant in Dower by the Courtysie for life or by gift doth lose by default or will yeild up the land ☞ Customs Customers and Controllers I. Stat. 14 E. 3.21 A mark shall be the Custom of a Sack of wool and of woolfels and leather the old custom II. A Sack of wooll shall contain 26 stone and each stone 14 pounds and for every sack of wooll exported four nobles worth of silver plate shall be imported and brought to the King's exchange where the party shall receive his mony for his plate III. Wools shall not be cocketed but in the name of the right owner in pain to forfeit the same IV. Stat. 14 R. 2.10 No Customer or Controuler shall have any Ships of his own nor meddle with the freight of Ships V. Stat. 4 H. 4.20 Every Customer upon his account shall be sworn to render a true account to the King VI. Stat. 11 H. 4.2 None that holdeth a common Hostery shall be a Customer Controuler Finder or Searcher VII Stat. 3 H. 6.3 No Customer Collector or Controuler shall conceal Customs duely entred and paid in pain to forfeit the treble value of Merchandize so customed and to make fine and ransom to the King of which penalties the profecutor shall have a third part VIII Stat. 11 H. 6.15 Every Customer and Controuler shall deliver to the Merchant a warrant under the Seal of their Office of the Merchandize to them shewed without fee in pain to be subject to be sued by the Merchants and to forfeit for every such default 10 l. to the King and 5. to the Merchant IX Stat. 20 H. 6.4 Merchant Denizons that transport any Wooll Woolfels or Tin to any other place then the Staple shall pay such custom and other duties for the same as Merchants Aliens pay X. This Statute shall not prohibit such as have the King's licence to transport those commodities to other places then Calice where it seems the Staple then was XI Stat. 20 H. 6.5 No Customer Controuler Searcher Surveyor of Searchers or their Clarks Deputies Ministers Factors or servants shall have any Ship of their own use Merchandise keep a Wharf Inn or Tavern or be a Factor Attorney or Host to a Merchant in pain of 40 l. to be divided betwixt the King and the Prosecutor XII Stat. 1 H. 7.2 Aliens made Denizons shall pay such customs and subsidies as they did before they were made Denizons XIII Stat. 3 H. 7.7 Every Merchant that importing any goods into this Realm entring the same with the Customer of the Port where he lands and paying there all duties is minded to transport them to some other Port shall obtain a Certificate under the Customers Seals expressing the nature colour length value content or weight of such goods to be directed and delivered to the Customers of the Port where they are to be conveyed before they be discharged in pain to forfeit the said goods to be divided betwixt the King and the Prosecutor And the Customers are to make a true Certificate thereof in pain to forfeit their Offices and make fine at the King's pleasure XIV No Merchant Denizon or Stranger shall make entry of any goods in the Customer's books but onely in the name of the right owner in pain to forfeit the same suffer imprisonment and make fine at the King's pleasure XV. None shall take upon him to be a Customer Controuler or Searcher in any City Borough or Town while he is a common Officer or Deputy to a common Officer there in pain to forfeit 40 l. for every six moneths he so executes them together to be divided betwixt the King and the prosecutor XVI Stat. 11 H. 7.6 The Custome and Subsidy of all woollen clothes to be carried beyond Sea wheresoever they were packed shall be paid to the Customers of the Port where they shall be shipped or to their Deputies XVII Stat. 11 H. 7.14 Merchants Strangers though made Denizons shall pay such Customs and Subsidies as they should have paid if they had not been made Denizons XVIII Stat. 1 H. 8.5 The Branch of the Statute of 3 H. 7.7 concerning the entry of goods in another's name is repealed because it seemed to extend as well to Englishmen as strangers XIX Any Englishman and other Subject of the King 's may custom in his own name the goods of another Englishman or Subject XX. Every Merchant-stranger may custom in his own name the goods of another Merchant-stranger so that such Merchant-stranger and also the owner of the goods be charged with like custom XXI He that so customs goods that the King thereby loseth his custom or other duties shall forfeit the goods to the King and as much to the party grieved as the goods are worth XXII None free of the Prizage or Butlerage of Wines shall custome any Wines of another not free thereof in pain to forfeit the double value of the Wine so customed XXIII An Action of Debt is given to the party grieved against him that customs goods in his own name when they are another man's to recover the value of the goods so customed XXIV Stat. 4 H. 8.6 No Collector or Controuler of the Subsidy of Cloth of Gold Silver Bandekin Velvet Damask Sattin Sarsenet Tartron Chamlet or other Cloth of Silk shall take any thing for sealing the same in pain to forfeit 20 l. for every time XXV The Collector or Controuler shall not delay the Merchant in sealing such Merchandize in pain of 40 s. to be divided betwixt the King and the Merchant grieved XXVI Stat. 2. 3 E. 6.22 If any offend contrary to the Statute of 1 H. 8.5 they shall forfeit all their goods and chattels to be divided betwixt the King and the prosecutor if the Action be prosecuted within three years XXVII Stat. 12 Car. 2. ca. 4. A Subsidy of Tunnage and Poundage granted to the King for life upon the cause and trust of guarding and defending the Seas and intercourse of trade viz. Tunnage 1. Every Tun of French wine brought into the Port of London by
found to satisfie the debt distresses shall be reasonable The Sheriff shall answer all debts received and where the Sheriff chargeth himself the debtor shall be acquitted IV. Marlbr 1. 52 H. 3. All persons high and low shall receive justice in the King 's Court. V. None shall take any distress of his own authority without award of our Court in pain upon conviction thereof to be punished by fine according to the trespass and the party grieved shall be also recompensed his loss VI. Marlb 2. 52 H. 3. None shall distrain any to come to his Court that is not of his Fee or upon whom he hath no jurisdiction neither shall distresses be taken out of the fee or place where he hath no jurisdiction in pain that the offender shall be punished as before VII Mralb 3. 52 H. 3. If any will not suffer distresses to be delivered by the King's officers or summons attachments or executions of judgments given in the King's Court to be done he shall be punished as aforesaid VIII If a Lord distrain his tenant for a thing for which he hath cause to distrain and yet it is afterwards found not to be due in such case if the Lord suffer the distress to be delivered he shall not be fined but onely amercied nevertheless the tenant shall also recover his damages against him IX Marlb 4. 52 H. 3. None shall drive a distress out of the County wherein it was taken in pain to make fine as before And if a Lord presume so to do against his tenant he shall be grievously amercied X. None shall take an unreasonable distress in pain to be grievously amercied XI Marlb 15. 52 H. 3. It shall be lawfull to none except the King and his Officers having special authority to take distresses out of his see or in the King 's high way or in the common street XII West 1.16 3 E. 1. None shall drive a distress out of the County or distrain wrongfully or out of his fee in pain to be punished as by the Statute of Marlb is provided or more greivously if the Trespass so require XIII West 17. 3 E. 1. If Beasts be impounded in a Castle or Fortress and after convenient notice to the impounder c. not suffered to be replivied by the Sheriff or some other of the King's Bailiffs the King will command that Castle or Fortress to be demolished and after the first demand of the Sheriff or Bailiff the Plaintiff shall recover double damages against the Lord or impounder or if the impounder be not able then against the Lord onely XIV In this case if the Bailiff of the Franchise refuse to do it then shall the Sheriff do it himself upon the aforesaid pains XV. Also deliverance shall be made by attachment of the Plaintiff made without writ and upon the same pain XVI West 2.36 13 E. 1. None shall procure any to distrain anther to make him appear at the County-court or any other inferiour Court on purpose to vex him and put him to charge and trouble in pain to make fine to the King and to pay to the party greived treble damages XVII West 2.37 13 E. 1. No distress shall be taken but by Bayliffs known and sworn in pain to restore damages to the party greived and to be greivously punished by the King XVIII Artic. Cleri 9. 9 E. 2. Distresses shall not be taken in the high way nor in the ancient sees of the Church * XIX Stat. 1. 2 P. M. 12. No distressee of Cattel shall be driven out of the Hundred where it is taken except to a pound overt within the same Shire nor above three miles distant from the place where it was so taken neither shall a distress be impounded in several Replevins for the delivery thereof in pain to forfeit to the party grieved for every offence committed against this Act 5 l. and treble damages XX. None shall take above 4 d. for the poundage of one distress and where less is usually taken to take less in pain to forfeit to the party grieved 5 l. besides what is taken above XXI The Sheriff shall at his first County-day or within two months after he receives his Patent depute and proclaim in the Shire-Town four Deputives to make Replevins not dwelling above 12 miles distant one from another in pain to forfeit for every moneth he wants such Deputy or Deputies 5 l. to be divided betwixt the King and profecutor Dover see Title Havens and Rivers num XIV I. Atticuli super Chartas 7 28 E. 1. The Constable of Dover Castle shall not hold plea of any forrain County within the Castle gates except it concern the keeping of the Castle neither shall he distrain the Inhabitants of the five Ports to plead elsewhere or otherwise then they as they ought according to the form of their Charter confirmed by the great Charter Dower I. Merton 1. 20 H. 3. A woman deforced of her Dower or Quarentine in a Writ of Dower shall recover damages viz. the value of her Dower from her husbands death to the day of the Recovery of her Dower and the deforceor shall be amercied II. West 2.48 3 E. 1. In a Writ of Dower unde nihil habet the Writ shall not abate by the exception of the Tenant that she hath received her Dower of another before the writ purchased unless he can shew that she received part of her Dower of himself and in the same Town before the Writ purchased III. West 2.4 13 E. 1. The Wife shall be endowable as well where land was recovered against her husband by default as by covin so that albeit the land was lost by the husbands default yet that shall be no good allegation for the tenant but he must then proceed and shew his right otherwise the wife shall recover IV. When Tenant in Dower in Frank-marriage by the courtesy for life or in tail lose their land by default and the tenant is compelled to shew his right they may vouch the Aeversioner if they have warranty and then the Plea shall pass betwixt the tenant and the warranter according to the tenor of the Writ by which the tenant recovered by default and so from many actions they shall resort to one judgment viz. that the demandants shall recover that demand and the tenants shall go quit V. Here if the Action of such a Tenant which is compellable to shew his right be moved by a writ of right albeit the great Assize or Battel cannot be joyned by words accustomed yet shall it in that case be joyned by words convenient VI. If the wife be wrongfully endowed by the Guardian during the minority of the heir he at full age shall be righted yet shall the wife retain her just Dower if she make her title good VII By this Statute in place of a writ of right a Quod ci deforceat is given to tenant in Dower in free marriage by the courtesie for life and in tail upon losing
be transcribed into the Exchequer And the Juror shall present by Indenture in pain to forfeit 20 s. a piece the Escheator also or the Commissioners or some of them shall receive the Jurors presentment without delay in pain of 5 l. XXV The officer in the Petty-Bag shall file the office within three days after receit thereof in pain of 40 l. XXVI The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth so that they return another into the Chancery or Exchequer as the cause requires within a moneth after that first moneth XXVII The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it in pain of 5 l. XXVIII None shall be Escheator above a year nor within 3 years after and the abovesaid forfeitures of 5 l. the party grieved shall have but the rest shall be divided betwixt the King and the prosecutor XXIX This Act shall not restrain such as by reason of any franchise prescription or grant may depute Escheators but that such Escheators may hold their offices above a year XXX Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons and places the County Palatine of Lancaster and Chester onely excepted XXXI Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace XXXII Stat. 1 H. 8.10 Lands seized into the King's hands upon an inquest of Office shall be let to farm to him that tendreth to traverse the same within three moneths after such office found notwithstanding the Statute of 8 H. 6.16 XXXIII Stat. 33 H. 8.22 He that is certified in the Chancery by the Treasurer to be Escheator shall within one moneth take upon him the office or shew cause in the Exchequer why he doth it in pain of 20 l. XXXIV The Escheator shall not sit virtute officii where the lands be 5 l. per annum or above in pain of 5 l. XXXV The Escheator shall forfeit 5 l. if he take for the finding of an office of lands that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above that are to receive the office 2 s. XXXVI The officers appointed to receive Inquisitions shall receive them upon tender within a Moneth after their finding in pain of 5 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor XXXVIII Stat. 2. 3 E. 6.8 The Estates and Interest of others shall be saved though they be not found in the office XXXIX Where an heir of full age is found within age he shall have a writ of Aetate probanda and may proceed to sue out his Livery or Ouster le main as his case is and receive the profits of his lands notwithstanding such office found XL. Where after the King's tenants death more heirs then one are found or if one untruly be found a Lunatick Idiot or dead the party grieved may have his traverse as in other cases of untrue Inquisitions XLI A travese or Monstrance de droit is given without petition though the King be intitled by double matter of Record XLII When the Jury findes de quo vel de quibus c. ignorant or per quae servitia ignorant the first shall not make a tenure of the King nor the last a tenure in capite but in such case a melius inquirendum shall issue forth XLIII Traverse given to an office where a wrong tenure is found XLIV The rents of mean Lords shall be paid during the nonage of the ward by the officer that receives the revenue of the Ward 's lands XLV This Act shall not extend to Inquisitions taken before the 20 of March 1548. XLVI Upon every traverse a scire facias or two writs of search shall issue forth viz. the first against the King 's Patentee and the other when by the Common Law the party grieved was put to his Petition XLVII Notwithstanding a traverse the King 's former right shall be reserved Escuage I. Magna Charta 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather Essoin I. Marlb 13. 52 H. 3. After issue joyned in Dower Darrein presentment or Quare impedit one Essoin or one default shall be onely allowed and if the party come not at the day given or make default the second day the Enquest shall be taken and judgment given II. If the Enquest be taken in the County before the Sheriff or Coroners it shall be returned before the Justices at a certain day when if the party appear not another day shall be assigned by the Justices and then shall issue a command to the Sheriff to cause the party to come to hear the judgment when if he come not the Justices shall proceed to judgment In like manner it shall be done if he come not at the day given by the Essoin III. Marlbr 19. 52 H. 3. In Counties Hundreds Court-Barons or other Courts none shall need to swear to warrant his Essoin IV. West 1.41 3 E. 1. In Assize Attaints and Juris utrum after apparence the tenant shall not to be Essoined V. West 1.42.3 Parceners or tenants joyntly enfeoffed shall not forch by Essoin VI. West 1.43 3 E. 1. Essoin ultra mare shall not be allowed but shall be turned into a default if the Demandant will prove that the tenant was within the four Seas the day of the summons and three weeks after Howbeit this is onely to be done before Justices VII Glocester 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin VIII West 1.2 13 E. 1. There shall be no Essoin for an Appellant IX West 2.17 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti lieth not for lands in the same County unless the party be sick indeed for if at the instance of the demandant it be proved by inquest that the tenant is not sick the Essoin shall be turned to a default X. Neither shall such an Essoin lie in a writ right between two claming by one descent XI West 2.27 13 E. 1. An Essoin may be allowed at the next day after inquest but none at any of the other days following nor after day given prece partium XII West 2.28 13 E. 1. In Assize after apparence the demandant shall not be Essoined XIII Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases where the land is taken into the Kings hands where the party is distrained by his lands where any judgment is given thereupon if
the Jurors come where the party is seen in the Court Essoin Ultra mare lieth not where the party hath had before an Essoin de mal venir It lieth not where the party hath Essoined himself another day where the Sheriff was commanded to make the party to appear Essoin de servitio Regis lieth not where the party is a woman it lieth not in a Writ of Dower or because the plaintiff hath not found pledges it lieth not where such a man's Attorney was Essoined where the party hath an Attorney in his suit where the Essoiner confesseth that he is not in the Kings service where the sommons is not returned or the party not attached upon non est inventus returned where the party was before Essoined de servitio Regis had not put in his warrant where the party hath been resummoned in Assize of Mortdancester or Darrein presentment It lieth not because such a one is not named in the writ nor where the Sheriff hath a Precept to distrain the party to come by his lands and goods nor where the Bishop was commanded to cause the party to appear nor for that the day is past XIV An Essoin de servitio Regis is allowed after the Grand cape Petit cape and distresses taken upon the lands and goods XV. Stat. De visu terrae An essoin de servitio Regis lieth not in a writ of Novel disseisin Dower Darrein presentment or Appeal Vide Rast Essoin 13. Estrepement I. Glocester 13. 6 E. 1. No wast shall be made hanging a suit for the land ☞ Estreats I. West 1.44 5 E. 1. If tenant or defendant make default after the first attachment returned the great distress shall be awarded whereupon if the Sheriff make no sufficient return he shall be amerced but if the return be that he hath done execution delivered the issues to the sureties day shall be given him to return them before the Justices when if the party appear he shall have them but if not the King shall have them and the Justices shall cause them to be sent into the King's Wardrobe and then deliver them into the Exchequer and the Justices in Eyre to the Sheriff of the County where they plead and likewise of forreign Counties who shall be charged therewith by the Rolls of the Justices II. Stat. De forma mittendi extractus ad scaccarium 15 E. 2. Vide Rast Estreates 2. First all fines to have writs and all other fines wherein the sum is expressed of one County for the whole year which are to be sent into the Exchequer entred in the streat of themselves in one place in order as they are entred in the Chancery Rolls together with the date of the day when such fine was made III. Next to them shall be entred Charters Letters Patents and Commissions in which any rent is due to the King or any accompt is to be made Then homages fealties writs of Diem clausit extremum reliefs and services IV. Then the names of all such as shall be assigned that year to hear inquire of or do any thing whereby fine amerciament or other profit may arise to the King to the end they may be sent to for the Estreats thereof And in the end of the Estreat redisseisins and surcharging of pastures V. Statutum scaccarii is confirmed and it is further ordained that the Justices of both the Benches the Warden of the forrest the Steward of the King's house and the Clerk of the Market shall in like manner yearly deliver their Estreats in the Exchequer The Steward of the King's house shall also send his Estreats yearly at the close of Easter term and the next day after Michaelmas VI. The Warden also of the Alnage shall yearly deliver his Estrears to the Treasurer containing all defaults of cloth contrary to the Assize and the Price at which he delivered them and also where when and by what warrant VII Divers other provisions for the King's Butler and Customers concerning wines imported VIII Stat. 42 E. 3.9 The party chargeable by the Estreats of green wax upon payment thereof shall see the schedules themselves under seal and the charge being paid it shall be totred by the Sheriff for default whereof if the party be afterwards damnified the Sheriff shall pay him treble damages to be recovered before Justices of Peace or other Justices and shall besides make fine to the King Also where the copies of the Estreat concern franchises they shall be delivered to Bailiffs of the Franchises under the Sheriffs seal which Bailiffs shall render an account thereof in the Exchequer by the same Copies IX Stat. 7 H. 4.3 The Justices and Judges before whom Issues or amerciaments are forfeit shall charge the Clerks of the Estreats where they are so forfeit by oath to express in their Rols the cause of such forfeit the term when the nature of the writ whereupon and betwixt what parties they were lost and that as well in the King's suit as in the parties X. The Statute of 42 E. 3.9 confirmed Evidence I. Stat. Ja. An Action being brought against a Justice of Peace Major or Bailiff of a Corporation Head-borough Pottreeve Constable Tithing-man or Collector of subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence II. Here if the verdict pass for the defendant or the plaintiff be non-suit or discontinue his suit the defendant shall be allowed double costs to be recovered as costs in other cases given to the defendant use to be recovered III. Stat. 21 Ja. 12. The Statute of 7 Ja. 5. is confirmed and Churchwardens Sworn-men and Overseers of the poor together with their Assistants are to be comprehended within the purview of the same Statute IV. An Action brought against any of the said Officers there Deputies or Assistants shall be laid in the County where the fact was committed and not elsewhere Exception I. West 2.31 13 E. 1. When the Justices will not allow a Bill of exception upon Prayer if the party impleaded render the same unto them in writing and requires their seals thereunto they or one of them shall do it II. If the Exception sealed be not put into the Roll upon complaint thereof to the King the Justice shall be sent for and if he cannot deny the seal the Court shall proceed to judgment according to the exception Excise I. Stat. 12 Car. 2. cap. 24. There shall be paid to the King his heires and successors the several rates and impositions following viz. Every barrel of Beer or Ale above 6 s. the barrel brewed by common Brewers or persons commonly selling the same 15 d Every barrel of Beer or Ale under 6 s. by such common Brewers or Sellers 3 d. Every hogshead of Sider and Perry sold by retail and payable by the retailer 15 d. Every gallon of Metheglin or Mead sold
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
such Steward do contrary to this Act he shall forfeit five pounds to be divided betwixt the King and the prosecutor IX This Act shall not prejudice the liberties of the Bishop of Duresm X. Stat. 1 R. 3.6 The Statute of 17 E. 4.2 is made perpetual XI Stat. 3 H. 7.9 Upon an Ordinance made by the City of London to prohibit Citizens to carry their wares to Fairs and Markets out of the City this Act gives them liberty and makes that Ordinance void and none shall trouble any Citizen for so doing in pain of 40 l. to be divided betwixt the King and the prosecutor * XII Stat. 2.3 P. M. 7. Every owner of a Fair or Market shall appoint a Toll-taker where Toll is taken or a Book-keeper where no Toll is paid to sit there from ten of the clock in the fore-noon till Sun-set in pain of 40 s. for every default XIII The Toll-taker or Book-keeper shall within one day after deliver unto the said owner a note of all the Horses sold there that day in pain of 40 s. which note the owner shall subscribe in like pain of 40 s. XIV Sale of a stoln Horse in a Fair or Market without entry in the Book as aforesaid and without staying there in open view by the space of an hour at least betwixt 10 of the clock and Sun-set shall not alter the property of the right owner but that he may by vertue of this Act seize or replevy him wheresoever he finds him XV. ☞ Justices of Peace in Sessions have power to hear determine the breach of this Statute and the forfeitures shall be divided betwixt the King and Queen's Majesties and the Prosecutor XVI Where no Toll is due the Book-keeper's fee for entring every contract is 1 d. and no more XVII Stat. 31 El. 12. Every seller or exchanger of an horse in a Fair or Market which being unknown to the Toll-taker or Book-keeper doth not procure one credible person that is well known unto him to vouch the sale of the same horse also every false voucher and the Toll-taker or Book-keeper that suffers such sale or exchange to pass shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor And besides the sale of such horse shall be void XVIII The names of the buyer seller and voucher and the price of the horse shall be entred in the Toll-book and a note thereof delivered to the buyer under the Toll-takers or Book-keepers hand for which the buyer shall pay 2 d. XIX Justices of Peace in Sessions have power to hear and determine these offences XX. Notwithstanding such sale and voucher as aforesaid the right owner or his executors may redeem a stoln horse if they claim him within six moneths after the Stealing at the Parish or Corporation where he shall find him and make proof by two sufficient witnesses before the next Justice of Peace in the Country or before the Head-officer of a Corporation that the horse was his and repay to the buyer such price for the horse as the same buyer shall upon his own oath before such Justice or Officer testifie to have paid for him XXI An accessary of an horse-stealer shall not have his Clergy False Judgment I. Marlbridge 20. 52 H. 3. None but the King shall hold plea of false judgment II. Stat. 1 E. 3.4 If against a Record brought into the King's Court by writ of false judgment the party alledgeth that the Record is otherwise then the Court did record the same it shall be tried by those of the Countrey who were pesent when the Record was made but if they appear not upon the Sheriff's return of them with others it may be tryed by other good men of the Country Fees I. West 2.42 13 E. 1. Several ancient fees of Marshals Chamberlains Porters of Justices in Eyre and Serjeants bearing verge before the Justices at Westminster See the Statute II. VVest 2.44 13 E. 1. Porters bearing verge before the Justices of the Bench in the Circuit shall take for keeping a Jury onely 10 d. for the Bills nothing Upon a recovery without a Jury nothing upon a Recovery against many by one writ 4 d. for homage done in the Bench they shall have their upper garment Of great Assizes Attaints Juries and Battel waged the fee is 12 d. For the pleas of the Crown the fee is 12 d. the dozen For every prisoner delivered 4 d. The Chirographer's fee is 4 s. The Clerk's fee for writing Originals is for every writ 1 d. See the Statute Feoffments I. Stat. 1 R. 2.9 Every gift of Feoffment of Lands made by fraud or maintenance shall be void and the disseisee notwithstanding such alienation shall recover against the first disseisor both his land and double dammages provided he commence his suit within a year after the disseisin and that such feoffor be then Pernor of the profits II. Stat. 4 H. 4.7 The disseisee shall have his action against the first disseisor during the life of the same disseisor so as such disseisor be also Pernor of the profits at the time of such suit commenced but as to other Writs in plea of Land the Demandant shall commence his suit within the year against him that is Tenant of the free-hold as the time of the Action accrued to him so as such tenant be also Pernor of the profits at the time of such suit commenced notwithstanding the Statute of 1 R. 2.9 III. Stat. 11 H. 6.3 In all writs grounded upon Novel disseisin Disseisees may have recoveries against the disseisors of their feoffees as well as in Assize of Novel disseisin so as such disseisors or their feoffees against whom the writ is brought be Pernors of the profits at the time of the Writ purchased notwithstanding any gifts or feoffments made to other persons to delay the demandants ☞ Felony I. West 1.12 3 E. 1. Notorious felons which refuse lawful trial shall suffer strong and hard imprisonment II. Stat. Of breaking prison 1 E. 2. it shall be selony for any person to break prison being in for felony otherwise not III. Stat. 5 H. 4.4 It is felony to multiply gold or silver IV. Stat. 5 H. 4.5 It is felony maliciously to cut out the tongue or put out the eys of any of the King's Subjects V. Stat. 1 H. 7.7 If any shall hunt within Forrests Parks or Warrens in the night-time or disguised one of the King's Council or a Justice of Peace to whom information thereof shall be made shall by his warrant cause the offendor to be brought before himself or some other Councellor or Justice of Peace to be examined where if he conceal the fact such hunting shall be deemed felony but being confessed the offence is onely finable at the next general Sessions And here a rescuouse of the execution of any such warrant shall be also deemed felony VI. Stat. 3 H. 7.2 It is felony to carry away a woman wife widow or maid against her will
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.
Coroner shall do his office and inrol it And what cannot be determined by the Steward before the Kings departure shall be remitted to the Common Law so that Exigents Outlawries and Presentments shall be made thereupon in Eyre by the Coroner of the County as in case of other Felonies done out of the Verge â— Howbeit they shall not omit by reason hereof to make attachments freshly upon the Felonies done IV. Stat. 5. E. 3.2 Pars inde and 10 E. 3. Stat. 2.2 Inquests before the Steward and Marshal of the Kings house shall be taken by men of the Countrey thereabouts and not by men of the Kings house except it be contracts covenants or trespasses when both parties are of the same house and in the house V. Stat. 9. R. 2.5 Priests and others of the Holy Church taken in the Marshalsey shall pay such fees as Lay-people pay and no more VI. Stat. 13. R. 2. Stat. 1.3 The jurisdiction of the Steward and Marshal of the Kings house shall extend no further then 12 miles from the Kings lodging VII Stat. 4. H. 2.23 The fees of the Marshal of the Kings house shall be as in times past and no more viz. for him that cometh in by Capias 4 d. and if he be bailed 3 d. more of the defendant in trespass that findeth bail to answer the suit 2 d. for every commitment by judgment 4 d. oâ— every one delivered of Felony and of a Felon bailed by the Court 4 d. And if the Marshal or his Officers take more they shall lose their Offices and pay treble damages to the party grieved and that the party grieved have his suit before the Steward of the same Court VIII Here a server of bills shall take no more then 1 d. for every mile distant from the Court to the place where he doth his office but when he serves a vâ—nire facias or a distringas he shall have the double If such an Officer takes more he shall be imprisoned make a Fine to the King at the discretion of the Steward and be from thenceforth fore-judged the Court. IX Stat. 15. H. 6.1 In a suit commenced before the Steward and Marshal of the Kings house the defendant shall not be estopped to plead that the Plaintiff or he are not of the Kings house but his averment thereof shall be received notwithstanding any record of the same Court to be produced to the contrary Marshes Fens c. I. Stat. 4. Jac. 8. An Act for winning from Inundation the drowned grounds and Marshes of Lesnes and Fants in Kent by the 10. of October 1609. See the Statute II. Stat. 4. Jac. 13. Another for draining the Fens and low grounds in the Isle of Ely containing about 6000. Acres compassed about with banks called the Ring of Waldersey and Coldham See also the Statute III. Stat. 7. Jac. 20. A mean to recover a great quantity of ground lately surrounded in Norfolk and Suffolk by the Sea and to prevent the like for the future See the Statute IV. Stat. 15. Car. 2. cap. 17. An Act for setling the draining the great level of the Fens called Bedford Level See the Act at large V. Stat. 16. 17. Car. 2. cap. 11. An Act for draining of the Fen called Deeping Fen and other Fens therein mentioned See the Act at large Masons I. Stat. 3. H. 6.1 It shall be felony to plot confederacies amongst Masons and such as assemble upon such confederacies shall suffer Imprisonment and make fine and ransome at the Kings will ☞ Matrimony and Marriage I. Stat. 32. H. 8.38 Pars inde All Marriages shall be adjudged lawful that are not prohibited by Gods Law II. Stat. 23. E. 6.21 All Laws Canons Constitutions and Ordinances which prohibit marriage to spiritual persons who by Gods Law may marry and all pain and forfeitures therein contained shall be void III. Provided that this Act shall not give liberty to marry without asking in the Church and other Ceremonies appointed by the Book of Common Prayer IV. Degrees and divorces heretofore made are saved V. Stat. 5. E. 6.12 The Marriage of Priests and other spiritual persons shall be lawful and their Children legitimate and inheritable likewise they to be tenants by the Curtesy and their Wives nowable VI. Stat. 1. Jac. 11. A Bigamus shall suffer death as a felon unless he or she have had no notice that the husband or wife was living within seven years before or the marriage be severed by divorce VII This felony shall cause no corruption of blood or loss of dower or inheritance VIII Stat. 12. Car. 2. ca. 33. All Marriages had and solemnized in any of the Kings Dominions since the 1. of May 1642. before any Justice of Peace of England or other his Dominions and so pronounced and declared or had and solemnized according to Act or Ordinance of Parliament or any Convention having that style shall be adjudged good and valid in Law as if the same had been solemnized according to the Rites and Ceremonies of the Church of England Mesne I. Stat. Westm 2.9 13. E. 1. The tenant distrained by the Chief Lord may have a writ of Mesne in the County where he is distreined against the Mesne who having land in that County and not appearing till the Grand distress day shall be given in the Grand distress so as two Counties may be holden before the return wherein the Sheriff shall proclaim that he come to answer the tenant at the day at which day if he come not he loseth his service and then the tenant shall answer to the Chief Lord such services as he ought to have done to the Mesne II. The Chief Lord shall not distrein the tenant so long as he offers him the services due and if the Lord exact more then the Mesne ought to do the tenant may have such remedy as the Mesne might have had III. Upon a return that the Mesne hath nothing to be summoned by an attachment shall go out and then upon a Nihil returned the Gâ—aâ—d distress with Proclamation as before IV. The Mesne having no lâ—nd in that County but in another upon such a return by the Sheriff the party shall have a Writ judicial to summon the Mesne in that County where it is testified that he hath lands and both there and in the other County shall proceed to the Grand distress Proclamation and Judgment as before V. The Mesne comming into the Court and acknowledging or being adjudged to acquit the Tenant and not doing it the Tenant shall thereupon have a judicial writ of acquittal whereupon if the Mesne come in and the Tenant can aver that a Mesne hath not acquitted him he shall be satisfied his damages be quit of the Mesne and hold of the chief Lord And here also if the Mesne come not at the first distress then another distress shall go out Proclamation shall be made and Judgment had as before VI. This Statute extendeth only where there is but one Mesne
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
for the victualling or amending of Ships ☞ News * I. West 1.33 3 E. 1. None shall report any false or slanderous news or tales whereupon discord may arise betwixt the King and his People or the great men of the Realm in pain of Imprisonment until he produce the Author II. Stat. 2. R. 2. Stat. 1.5 None shall devise speak or tell any false news lies or other such false thing of Prelates Lords or the great Officers of the Realm whereby any discord or slander may arise in pain to be punished as by the Statute of westm 1. ordained III. Stat. 12. R. 2.11 When any one hath spoken falsities contrary to the aforesaid Statutes and cannot produce the Author and is thereupon imprisoned he shall afterwards be punished by the Kings Council notwithstanding the said Stat. of West 1. Nisi prius I. West 2.30 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin Mortdancester and Attaiuts and they shall associate unto them one or two of the discreetest Knights of the County where they come which Assizes and Attaints shall be taken but thrice in the year viz. 1. between 8. of July and the first of August 2. the 13. of September and the 6. of October the 3. of January and the 2. of February II. At such Assizes before they depart they shall appoint the day of their return and may also adjourn the Assizes from day to day if the taking of them happen to be deferred at any day by vouching to warranty essoin or default of jurors They may also adjourn Assizes of Mortdancaster being respited by essoin or voucher into the Bench and in such case shall send thither the Record thereof together also with the Original writ And when the matter is come to the taking of the Assize the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken But the Justices of the Bench in such Assizes shall give 4. dayes at least in the year before the Justices assigned to spare expence and labour III. All pleas in either of the Benches that require small examination shall be determined before them Howbeit it must be at a day and place certain appointed in the presence of the parties and mentioned in the Judicial writ by these words Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis nisi Talis Talis tali die loco ad partes illas prius venerint duodeeim c. And when the Inquests of such pleas are taken they shall be returned into the Bench where they were commenced to receive Judgement and to be inrolled And Judgement otherwise taken shall be void except in an Assize of Darrein presentment and Inquisitions of Quare impedit which shall be determined in their proper County before one of the Justices of the Bench and a Knight at a day certain in the Bench assigned whether the Defendant consent or not and there shall judgement also passe immediately IV. The Justices of the Benches shall have in their Circuits Clerks to inroll all pleas pleaded before them as hath been used in times past and the Justices assigntd shall not compell the Jurors to say precisely whether it be disseisin or not so as they will shew the matter of fact and then require aid of the Justices But if they will of their own head say that it is disseisin their verdict shall be admitted at their own peril And the Justices shall not put upon Assizes or Juries any other then such as were summoned for the same at the first V. Stat. Definibus levatis 27 E. 1.4 Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices before whom the plea is brought being associate to one Knight of the same County where such Inquest shall pass unless they require great examination And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa which see in Jurors VI. Stat. Eborac 12 E. 2.3 Inquests in pleas of land that require no great examination shall be taken in the County before a Justice of the Peace where the plea is accompanied with a substantial man in the Country whether Knight or other so as a certain day be given in the Bench and a certain day and place in the Countrey in the presence of the parties and the demandant request the same but Inquests of Pleas that require great examination shall be taken in the Countrey in manner aforesaid before two Justices of the Bench. VII Stat. Ebor. 12 E. 2.4 Justices of Nisi prius have power to record non-suits and defaults in the Countrey at the dayes and places assigned and shall report them in the Bench at a day certain there to be inrolled and thereupon Judgment shall be given VIII Stat. 2 E. 3.16 Inquests in pleas of Land shall be as well taken at the request of the tenant as of the demandants notwithstanding the Statute of 12 E. 2.3 IX Stat. 4 E. 3.11 Justices of the Benches of Assiise and of Nisi Prius shall have power to hear and determine maintenance conspiracy confederacy and champerty as well as Justices in Eyre And that which cannot be determined before the Justices of either Bench upon the Nisi Prius shall be adjourned unto the Bench where they are Justices and shall be there determined Note that this Statute is confirmed by the Statute of 7 R. ◠15 which see in Maintenance X. Stat. 14 E. 3. Stat. 1.16 A Nisi prius in the Kings Bench shall be granted before a Justice of that place if any Justice of that place may well go into those parts if not then before a Justice of the Common Pleas so likewise those in the Common Pleas shall be grantable before a Justice of the Kings Bench if he may go thither vice versa but if none of them may go then before the chief Baron if c. or else before the Justices assigned to take Assizes in those parts so as one of them be a Justice of one of the Benches or the Kings Serjeant sworn And here to avoid fraud if one party demand a tenor of the record another tenor thereof shall be also upon request delivered to the other party XI Where Assizes of Quare impedits and Darrein presentments are triable in the Countrey by Nisi prius before the Justices of either Bench the chief Baron or Justices of Assize they may there give Judgment upon them XII Stat. 7 R. 2.7 In all pleas where Nisi prius is grantable of office after the great distress returned and three times served before the Justices against the Jurors and thereupon the parties demanded if either party will pursue or if they refuse to have a Nisi prius in the case then at the suit of any of the Jurors there present a Writ of Nisi prius shall be
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
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
3. An Act for relief of such persons as by sickness or other impediment were disabled from subscribing the Declaration in the Act of Uniformity and explication of part of the said Act. XXIV Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London and other Corporations enjoyned to make and subscribe before the Arch Bishop or c. the Declaration and acknowledgement in the late Act intituled An Act for Uniformity of publick Prayers c. This Act to continue in force to the end of the first Session of the next Parliament and no longer Rents I. Stat. 32 H. 8.37 The Executors or Administrators of tenants in Fee-simple in Fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms unto whom any such rent or fee-farm was due and unpaid at the time of his death shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the lands chargeable therewith so long as they continue in the seisin or possession of such tenant in Demesne or of any other person claiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid II. This Act shall not extend to any Mannor Lordship or Dominion in Wales or the Marches thereof where the Inhabitants have used time out of mind to pay to every Lord or Owner of such Mannors c. at their first entry into the same any sum or sums of money for the discharge of all duties forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry III. If any person hath in right of his wife any estate in Fee-simple Fee-tail or for term of life in any such rents or Fee-farms and the same happen to be due and unpaid in his Wives life such husband after the death of his wife this Executors and Administrators shall have an action of Debt for the said arrerages against the tenant of the Demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make Avowry as he might have done if his Wife were living The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie Repleader I. Stat. 32 H. 8.30 In all Actions after issue had there shall be judgment given notwithstanding any mis-pleading lack of colour in sufficient pleading or Jeosaile Mis-continuance Dis-continuance mis-conveying of Process mis-joyning of issue lack of warrant of Attorney of the party against whom the issue shall be tryed or any other default or negligence of any of the parties their Counsellors or Attorneyes II. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful Warrant of Attorney to be entred of Record for every Action or suit wherein he is named Attorney to the Officer or his Deputy ordained for the receipt and entring thereof in the same Term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin of Cattel I. Marlb 21. 52 H. 3. If Beasts be taken and wrongfully withholden the Sheriff upon complaint thereof may deliver them without let or gainsaying of him that took them if they were taken out of Liberties but if within any liberties and the Bailiffs thereof will not deliver them the Sheriff upon such Bailiffs default shall cause them to be delivered II. West 2.2 13 E. 1. Where upon Replevins Lords cannot obtain Justice in Counties and other inferiour Courts against their tenants when such Lords are attached at their tenants suit a Writ shall be granted them viz. a Recordare to remove the plea before the Justices where Justice shall be done them And the cause shall be inserted in the Writ viz. because such a man distrained in his fee for services and customs to him due III. Here the Avowry shall be upon the seisin of any Ancestor or Predecessor since the time that a Writ of Novel disseisin hath run IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit but also return the Cattel in case return be awarded And if pledges be otherwise taken he shall answer the Lord for the price of the Beasts to be recovered by Writ And if the Bailiff be not able to restore them his superior shall do it V. If after return once awarded the Beasts are again replevied or as soon as the return of the Beasts is the second time awarded the Sheriff shall be commanded by a judicial Writ to make return thereof to the distrainer in which Writ it shall be expressed that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices and such Writ is to issue out of the Rolls oâ— the said Justices after which if the Plaintiff desire to replevy his Beasts he shall have a judicial Writ viz. a writ of second deliverance that the Sheriff taking surety for the suit and also of the beasts to be returned or their price if return be awarded shall deliver the Beasts before returned and the distrainer shall be attached to come before the Justices at a certain day and if he that replevied make default or for some other cause return of the distress is awarded being now twice replevied the distress shall afterwards remain unreplevied Receipt I. The Statute of Glocester 11. 6 E. 1. When a man leaseth his tenement in London and he in reversion or remainder causeth himself to be impleaded by Collusion and to make the termer lose his term loseth by default or giveth it up In this case the Mayor and Bailiffs may enquire by Enquest whether such plea was moved upon good right or by covin and if it be found that it was upon good right Judgment shall be forthwith given but if it be found by fraud to cause the termor to lose his term the termer shall enjoy his term and the execution of the Judgment for the demandant shall be suspended until the term be expired In like manner shall it be of equity before the Justices if the termor challenge it before the Judgment II. Stat. De defensione Juris 20 E. 1. When any one demandeth tenements by the Kings Writ and a stranger before Judgment comes in by a Collateral title and desireth to be received before his receipt he shall find sufficient surety as the Court will award to satisfy the demandant the value of the lands so to be recovered from the day that
endeavour your self for your part to the best of your knowledg and power to the making of such wholesome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows being in Commission with you for the due redress reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in execution without favour meed dread malice or affection as God you help and all Saints XIV All Statutes of Sewers heretofore made are confirmed XV. The Commissioners have power to make and ordain Laws Ordinances and Decrees and all and every thing mentioned in their Commission according to the true meaning thereof and the same to reform repel and amend and make new as need shall require XVI If any person assessed to any lot or charge for any lands tenements or hereditaments within the limits of any Commission do not pay the same according to the Ordinance of the Commissioners by reason whereof the said Commissioners decree the same lands tenements or hereditaments from the owner or owners thereof and their heirs to any other for years life or in fee for the payment of the said lot or charge Every such Decree and Ordinance by them made ingrossed in parchment and certified into the Chancery under their seals with the Kings assent thereunto also had shall bind all such person or persons having any Estate in the premisses in use possession reversion or remainder their heirs and scoffees and shall not be otherwise reformed then in Parliament XVII The Kings Lands Tenements and Hereditaments shall be as liable to the Laws Ordinances and Decree of the Commissioners or any six of them as those of any other XVIII If a Commissioner not sworn as aforesaid or being sworn and not having lands tenements or hereditaments to his own use in fee or for life worth 40 marks per annum besides reprises except resiant and free of a Corporation and having moveables worth 100 l. or else an utter Barister do attempt to execute the said Commission he shall forfeit for every time so doing 40 l. to be divided betwixt the King and the prosecutor XIX Avowry and Justification of a distress taken or of any other Act done by reason of the said Commission shall be made without any express or rehearsal of any other matter contained in this Act or any Commission Laws or Ordinances thereupon made whereupon the Plaintiff shall be admitted to reply that the Defendant did take the said distress or did any other act or trespass of his own wrong and thereupon the issue shall be tryed by the Verdict of twelve men and not otherwise And upon the trial the whole matter on both parts shall be given in evidence And here if the verdict pass for the Defendant or the Plaintiff be non-suit the Defendant shall recover his treble damages and costs to be assessed by the same Jury or a Writ to inquire of damages as the cause shall require XX. The Commissioners shall have for their pains 4 s. a day and the Clerks 2 s. a day out of the taxes aforesaid c. Also the Commissioners or any six of them have power at their discretions to allow out of the said taxes more to the Clerk for Writing-Books and Process and to Collectors and others that take pains in the due execution of the same Commission XXI When any such Commission is directed for the reformation of any thing within the Dutchy of Lancaster the Commissioners shall be named by the Lord Chancellor Lord Treasurer the two chief Justices and the Dutchy or any three of them whereof the Lord Chancellor and Chancellor of the Dutchy are to be two And in this case two Commissions shall issue forth viz. one under the Great Seal and the other under the Seal of the Dutchy XXII The fees for every such Commission shall be 2 s. 6 d. to the King for the Seal and 5 s. to the Clerk for writing and enrolling it and no more XXIII A Commission of Sewers shall continue in force but three years from the Teste and the King by a Supersedeas out of the Chancery may discharge any Commission or Commissioner at his pleasure XXIV The Laws Decrees or Ordinances of the Commissioners shall continue no longer in force then their Commission unless they be engrossed in parchment and certified under their seals into the Chancery and the Kings assent obtained thereunto XXV When any such Commission is directed into Wales and any other County Palatine two Commissions shall issue out viz. one under the Great Seal and the other under the Seal of such County Palatine in like manner as is above ordained for the Dutchy of Lancaster XXVI The Kings assent aforesaid shall be certified into the Chancery under his Privy Seal without fee only the Clerk shall have two shilling for writing the Certificate and not above XXVII The Chancellors of the Principality of Wales or any other County Palatine having the custody of the Seal there upon request made and upon sight of the Commission under the Great Seal may thereupon make out another under the Seal of such County Palatine according to the tenor of the Kings Commission and also to the Commissioners therein named except within the Dutchy of Lancaster for which the provision abovesaid shall be observed XXVIII Stat. 25 H. 8.10 None shall be compelled to be sworn or to sit or travell in the execution of any Commission of Sewers unless he be dwelling within the County whereof he is assigned a Commissioner XXIX If any Commissioner being required by any having authority by the Kings Writ or otherwise to give him the Oath provided by 23 H. 8.5 shall refuse to take it upon such refusal or contempt done in Chancery or returned thither with the said Writ he shall lose five marks for every such contempt unless he alledg sufficient cause in Chancery the same Term wherein such return is made for his excuse and discharge in that behalf XXX Stat. 3. 4 E. 6.8 The Statute of 23 H. 8.5 is made perpetual in such manner as it may stand with the sequel and additions hereafter mentioned XXXI All sums of money rated by Commission of Sewers upon any of the Kings land shall be leviable by distress or otherwise as may be done in the lands of other persons and acquittances under the hand of such Collector or Receiver as shall be appointed by the Commissioners or any six of them shall be a sufficient discharge as well to the Tenants of the Kings Lands as also to the Receiver Auditor or other Officer for the allowance of the said rates to such Tenants XXXII Like fees shall be paid for Commissions and Dedimus Potestatem under the Dutchy Seal as are paid for them obtained under the Great Seal XXXIII A Commission of Sewers shall endure five years unless
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
III. Stat. 9 R. 2.2 Because divers Villeins and Neifs did fly to London and other enfranchised places and there did feign divers suits against their Lords with intent to make themselves free by their Lords answers it was ordained that from henceforth no Lord should be barred of his Villein because of his answer in Law Union and severing of Churches I. Stat. 37 H. 8.21 An Union or Consolidation of two Churches in one or of a Church and a Chappel in one the one of them not being above the yearly value of 6 l. in the Kings books nor distant from the other above a mile may be had and made by the assent of the Ordinary the Incumbents and all such as have a just right title and interest to the Patronages thereof being of full age And all such Union and Consolidation shall remain as good in Law as if it had been so declared by writing under the seals of such Ordinary Incumbents and Patrons II. All such Unions heretofore made are confirmed Howbeit the Kings tenths and First-Fruits of such Churches and Chappels already or hereafter to be so consolidated are saved III. Such consolidations shall not be in Corporate Towns without the consent of the Magistrates thereof declared in writing under their Common Seal IV. Provided that where the Inhabitants of any such Parish or the more part of them within a year after such Union by their writing sufficient in Law shall assure the Incumbent there and his successors so much money yearly which together with the value thereof in the Kings books shall amount to 8 l. that then such union shall be void Howbeit this proviso shall not extend to any such Union made before this Statute V. Stat. 1 E. 6.9 An Act for uniting certain Churches in York with divers clauses concerning that matter VI. Stat. 1 M. Parl. 1.14 An Act for re-edifying the Church of St. Ellens in Stangate in York which was demolished by the former Statute See these Statutes at large Universities I. Stat. 2 3 P. M. 15. No Purveyor Taker Badger Loader or other Minister shall take or Bargain for any Victual or Grain in the Markets of Oxford or Cambridg or in any part of the said City and Town or within five miles compass of either of them without the consent of the owner nor shall take away or bargain for any such commodity bought or provided within the said five miles by any common Minister of any Colledg or Hall there to be spent in such Colledg or Hall in pain to forfeit the quadruple value thereof and to suffer three Monthes imprisonment without bail II. The Chancellor or Vice-Chancellor or his Commissary in either of the said Universities with two Justices of Peace of the County adjacent have power to inquire hear and determine the said offences III. The forfeitures shall be divided betwixt the University where such offence is committed and the prosecutor and may be recovered in any Court of Record or before the said Chancellor Vice-Chancellor or Commissary and two Justices IV. This Act shall be suspended during the Queens presence her Heirs and Successors or within seven miles distance therefrom V. The Liberties of the Mayors Bailiffs and Communalties of Oxford and Cambridg are saved * VII Stat. 13 El. 21. No Purveyor Taker Badger Loader Poulterer or other Minister of the Queen her heirs and successors shall take or Bargain for any grain or other victual in either of the said Universities nor within the compass of five miles from either of them without licence of either of the said Chancellors or Vice-Chancellors in writing under the seal of their Office and not otherwise then as in the said licence is expressed and so as the same give unto them no further power then they may lawfully use in other parts of the Countrey without the said five miles neither shall they take away or bargain for any such commodity bought and provided for any Colledg or Hall to be spent within the same without such licence as aforesaid upon such pains and forfeitures as by the Statute of 2 3 P. M. 15. are ordained and to like uses as are therein limited VII The said Chancellors or Vice-Chancellors with two Justices of Peace of the Universities City Town or County shall inquire hear and determine the said offences as by the Statute of 2.3 P. M. is appointed VIII If any person within the said five miles refuse to serve the Universities then it shall be lawful for the Queens Purveyors to provide for the Queens use any corn or victual of any such person within the said five miles as shall be declared to the said Purveyors to be persons not worthy of the said priviledge for not serving the Universities by the Chancellor or Vice-Chancellor with the consent of two such Justices as aforesaid under the hands and seals of the said Chancellor or Vice-Chancellor and two Justices in such sort as the said Purveyors lawfully may in any other place without the said five miles and not otherwise IX This Act shall be in suspence during the Queens presence there or within seven miles distance X. The Liberties of the Majors Bailiffs and Communalties of Oxford and Cambridge are saved Voucher I. Marlbr 29. 52 H. 3. None vouched to Warranty before Justices in Eyre in plea of land shall be amerced because he was not present when he was vouched except it be the first day of the comming of the Justices but if the party be within the County the Sheriff shall cause him to come in within three or four dayes and if out of the County he shall have summons of 15 dayes at least II. West 1.39 3. E. 1. In Writs of Possession as Mortdancester Cosinage Ayel nuper obiit intrusion or the like whereby land is demanded which ought to descend revert remain or Escheat by the death of any Ancestor or otherwise if the tenant vouch to Warranty and the demandant will counter-plead him and aver by assize or by the Countrey as the Court shall award that the tenant or his Ancestor whose heir he is was the first that entred after the death of him of whose seisin he demandeth this averment shall be received if the tenant will abide thereupon but if not he shall be compelled to another answer unless he have his Warrantor present who will immediately enter into the Warranty And then also the demandant may have the like exception against the Vouchee as he had against â—he first tenant III. In a Writ of Entry in the degrees none shall vouch out of the line IV. In Writs of right and of possession as before it is also a good counter-plea that neither the Vouchee nor his Ancestors had ever seisin of the land or any thing in the services by the hand of the tenant or his ancestors from the time of the seisin whereof the demandant declares until the Writ purchased so that he might a feofment make to the tenant or his ancestors and this averment of the
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
Knight-service and other Lands in Soccage or of the nature of Soccage may give dispose or assure by will or otherwise by Act executed in his life two parts of the knight-service land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the soccage-land at his pleasure saving to such Lord for his custody and wardship so much of the knight-service land as shall amount to the yearly value of the third part thereof X. Every person having mannors lands c. holden of the King by Knight-service and not in chief or any mannors lands c. holden of the King by Knight-service and not in chief and other mannors lands c. holden of any other person by knight-service and also other mannors lands c. holden of any other person in soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by act executed in his life two parts of the said Knight-service-Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid and all the soccage-land at his will and pleasure Howbeit here also the custody and Wardship of so much of the said Knight-service mannors lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part XI Provided that all persons shall sue liveries for possessions reversions or remainders and pay reliefs and heriots as they did before the making of this Act. XII Fines for alienations shall be paid in Chancery upon Writs of entry in the Post for common recoveries suffered of any Mannors Lands c. holden of the King in chief in like manner as upon alienations of such Mannors Lands c. by fine or feoffment Howbeit no other fine shall be paid there for any such Writs but only such fines for alienation XIII Where two or more hold any Mannors Lands c. of the King by Knight-service joyntly to them and the heirs of one of them and he that hath the inheritance dyeth his heir being within age the King shall have the Ward and Marriage of such Heir the life of the freeholder or Freeholders notwithstanding saving to every Woman her Interest of Dower in such lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also to the King the reversions of all such tenants by joynt-tenure and Dower after the death of such tenants in case they happen to dye during the nonage of the Kings Ward XIV Stat. 34.35 H. 8.5 Where the Statute of 32 H. 8.1 mentioneth mannors lands c. of inheritance it shall be expounded and taken of estates in fee-simple XV. Every person having a sole estate in fee-simple or seized in co-parcenery or in common in fee-simple in any Mannors Lands tenements rents or other hereditaments in possession reversion or remainder and having no Mannors lands c. holden of the King or of any other by Knight-service may give dispose will or devise to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said mannors lands tenements rents and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure XVI Every person having such an estate or seized as aforesaid of or in any mannors lands rents c. in possession reversion or remainder or of or in any rents or services incident to any reversion or remainder holden of the King by Knight-service in chief or of the nature of Knight-service in chief may give dispose will or assign to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by an Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is two parts as well of all the said Mannors lands c. as of all other rents and hereditaments or of any of them or any rents commons profits or commodities out of or to be perceived of the same two parts or out of any parcel thereof in three parts to be divided or as much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided of what person or persons soever they be holden at his free will and pleasure XVII Such Will so declared shall be good for two parts of the said Mannors lands c. although it be made of the whole or more then the two parts thereof the said division to be made by the devisor or owner of the said Mannors lands c. by will in writing or otherwise in writing and in default thereof by Commission out of the Court of Wards upon inquiry of the true value thereof by the oaths of 12 men and upon return thereof in the same Court the division shall be made by the Master of the Wards if the said Master and parties cannot otherwise agree upon the division and the issues and profits of the two parts shall be restored to them that shall have right thereunto from the death of the owner or deviser XVIII Every person being seised solely in co-parcenery or in common as aforesaid of any mannors lands rents c. in possession reversion or remainder or of any â—ents or services incident to any reversion or remainder holden of the King by Knight-service and not in chief or of any other person by Knight-service may give dispose will or devise to any person except to bodies politick by his last Will and Testament in writing or by act executed in his life solely or joyntly as aforesaid two parts thereof or any rents common or profits to be perceived out of the same two parts or out of any part thereof c. And such Will shall be good for such two parts albeit it be made of the whole lands so holden or of more then the said two parts and shall also be good for all lands not holden in Knight-service and for all rents commons and other profits to be perceived out of the same XIX Here also the division of the third part is to be made as before where it concerns the Kings Interest but where it concerns other Lords the division shall be by Commission out of the Chancery if such Lords and the parties in the mean time cannot agree
thereupon XX. The savings in this Act and in that of 32 H. 8.1 of custody wardship relief and primer seisin to the King and of custody and wardship to other Lords shall be expounded thus That the King shall have for his full third part such mannors lands and tenements as shall descend as well in fee-tail as in fee-simple to the heir of the person that made such Will or disposition as aforesaid and that the will or gift of the two parts shall be good in Law albeit the will or gift be made of all the fee-simple lands or the more part thereof Howbeit if the King have not a full third part left him he shall take out of the two parts so much as shall make it up to be severed by commission as aforesaid and such advantage also is given to other Lords for their third parts and the like shall both the King and they do in case their third parts or any parcel of them be evicted from them or determined XXI A Pardon of alienation must be sued by those to whom lands are devised for which they shall pay a third part of the value of the lands holden in chief and this Act shall be sufficient warrant for the Lord Chancellor to grant such pardons under the Great Seal without further suit to be made to the King for the same XXII Wills or Testaments of mannors lands c. made by femes covert Infants Idiots or persons of non sane memory shall not be good in Law XXIII If any person or persons shall by will or act executed make any estate for years life or lives with one remainder over in see or with divers remainders over for term of life years or in tail with a remainder over in fee-simple or any other estates conditions mesnalties tenures or conveyances by fraud and covin to the intent to defraud the King of his Prerogative primer seisin livery relief wardship marriages or rights or any other Lords of their wardships reliefs heriots or other profits and such estates or other conveyances be found by office to be so made by covin fraud or deceit In this case the King shall enjoy his Prerogatives and profits aforesaid according to this and the said former Act notwithstanding such estates or conveyances until such office be annulled by traverse or otherwise Also other Lords shall have their remedy in such cases for their wardships by writ of right of ward and shall distrain and make avowry or conusance by themselves or their Bailiffs for their reliefs heriots and other profits as if no such estate had been made Howbeit the right and title of the donees feoffees lessees and devisees thereof against the devisors and his heirs after the interest of the King and other Lords determined are saved XXIV Provided that every person from whom the King or other Lord shall take any mannors lands c. for their third part or to make it up may have relief in Chancery against every person who shall be intituled by any such will or gift to the other two parts to have such contribution for the same as the Lord Chancellor or Keeper shall think convenient VVines I. The Statute of Glocester 15.6 E. 1. The Mayor and Bailiffs now Sheriffs of London before the coming of the Barons which should be at their rising after Candlemas term as appears by the 14. Chapter of this Statute shall inquire of Wine sold against the Assize and shall present it before them at their coming and then they shall be amerced whereas they were wont to tarry until the coming of the Justices Obsolete * II. Stat. 4. E. 3.12 None shall sell Wines but at a reasonable price according to the price at the Ports from whence they come and the expence of their carriage to the places where they are sold Tryal shall be made of such Wines twice a year viz. at Easter and Michaelmas and Officers if need require by the Lords of Towns and their Bailiffs and likewise by Mayors and Bailiffs and all corrupt Wines shall be poured out and the vessel broken Also the Chancellor Treasurer Justices of the Benches and Justices of Assize shall have power to inquire of Mayors Bailiffs and Ministers of Towns that do not observe this Ordinance and to punish them as reason requires * III. Stat. 27. E. 3. Stat. 1. cap. 5. No English Merchant shall forestal Gascoign Wines nor buy them of any Gascoign or other to pay in England for any greater price then they are commonly sold at in Gascoign because of Prest peril of the Sea and by any other colour in pain of life and member and to forfeit their Wines Goods and Chattels to the King and their lands to the chief Lords But here the felony and forfeiture of laws are repealed by 37 E. 3.16 Ob. IV. Cap. 6. Gascoign Merchants and other strangers may bring their Wines to what Port of England they please so as the Kings Butler may make purveyance for Wines of Aliens making payment for them within 40 days Ob. V. Cap. 7. No English Merchant shall buy Wines in Gascoign before the Vintage Nor then but at Burdeaux and Bayon upon the pain mentioned in the 5th Chapter Put that as to the sâ— loâ—y and forseiture of Lands is repealed by 37 E. 3.16 as aforesaid Obsolete * VI. Stat. 37. E. 3.16 The felony and forfeiture of lands inflicted by 27 E. 3.5 7. are repealed and inquiry shall be yearly made within the Kings dominions in Gascoigne of Couchers of England who lie there to buy Wines Obsolete VII Stat. 38. E. 3.10 A confirmation of the Statutes made for wines Obsolete VIII Stat. 38. E. 3.11 All Merchants Denizens that be not Artificers may go into Gascoign to fetch wines and Aliens may bring wines into this Realm IX Stat. 43 E. 3.2 English Irish and Welsh-men being not Artificers may fetch wine in Gascoigne so as they find sureties to buy 100 Tun of their own goods and to bring the same into England Ireland or Wales X. Stat. 6. R. 2. Stat. 1.7 Sweet wines shall be sold in England at the price that Gascoign and Rhenish wines are sold for and not above in pain to forfeit the same XI Stat. 23 H. 6.18 No new impositions shall be laid upon them that buy wines in Gascoign and Guienne by any of the Kings Officers in those parts in pain of 20 l. and treble damages Obsolete * XII Stat 28. H. 8.14 The Lord Chancellor Treasurer President of the Council Privy Seal and the two chief Justices or five four or three of them have power at their discretions to set the prices of all kinds of wines viz. of the But Tun Pipe Hogshead Puncheon Tierce Barrel or Runlet when they shall be sold in grosse so as they cause the prices so set to be written and openly proclaimed in Chancery in the Term-time or else in the City Burrough or town where any such wines are sold in grosse XIII None shall sell wine
thereunto will direct you to the Statute it self as you shall find it express'd in the premised Abridgment and where you shall therein find any Chapters omitted they are either repealed or expired or otherwise obsolete and out of use MAgna Charta 9 H. 3. 1 Franchises 2 Relief 3 Wards 4 Wast 5 Wast 6 Wards 7 Women c. 8 Debt to the King 9 Franchises 10 Tenure 11 Common Pleas 12 Assises 13 Darrein Presentment 14 Amerciament 15 Banks 16 Banks 17 Pleas of the Crown 18 Debt to the King 19 Castles c. 20 Castles c. 21 Purveyors 22 Forfeitures 23 Wears 24 Right 25 Weights c. 26 Fines to the King 27 Wards 28 Wager of Law 29 Accusation 30 Merchants 31 Tenure 32 Tenure 33 Vacations of Bishopricks 34 Appeals 35 County and Turn 36 Mortmain 37 Escuage Franchises Charta de Foresta H. 3.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. Forests Merton 20 H. 3. 1 Dower 2 Wills 3 Re-disseisin 4 Approvements 6 Wards 7 Wards 8 Limitation 9 Bastardy 10 Attorney 11 Forest De Anno Bissextili 21 H. 3. Dayes in Bank Assisa panis cervisiae 51 H. 3. Weights Dies communes in banco 51 H. 3. Days in Bank Dies communes in dote 51 H. 3. Days in bank Statutum de Scaccario 51 H. 3. Distresses Exchequer Iudicium collistrigii 51 H. 3. Weights De ponderibus mensuris 51 H. 3. Weights De tallagio non concedend 51 H. 3. Franchises Purveyors Taxes Marlebridge 52 H. 3. 1 Distresses 2 Distresses 3 Distresses 4 Distresses 5 Confirmation 6 Wards 7 Wards 8 Re-disseisin 9 Suit 10 County and Turn 11 Beau-pleader 12 Dayes in Bank 13 Essoin 14 Jurors 15 Distresses 16 Mortdancester 17 Wards 18 Amerciaments 19 Essoin 20 False Judgment 21 Replevin 22 Freehold 23 Account Wast 24 Justices in Eyre 25 Murder 26 Voucher 27 Mainprize 28 Monasteries 29 Entry and Writs of entry Statutes of E. 1. Westminster 1. 3 E. 1. 1 Monasteries 2 Clergy 3 Escape 4 Wreck 5 Election 6 Amerciaments 7 Castles c. 8 Beau-pleader 9 Robberies 10 Coroner 11 Odio Atia 12 Felony 13 Rape 14 Appeals 15 Mainprize 16 Distresses 17 Distresses 18 Justices in Eyre 19 Debt to the King 20 Forests 21 Wards 22 Wards 23 Debt 24 Assises 25 Champerty 26 Extortion 27 Extortion 28 Maintenance 29 Deceit Extortion 30 Tolls 31 Purveyors 32 County and Turn 33 News 34 Arrests 35 Reasonable aide 36 Assises 37 Attaint 38 Limitation 39 Voucher 40 Battail 41 Essoin 42 Essoin 43 Essoin 44 Estreats 45 Justices of the Benches 46 Age 47 Prochein Amy 48 Assises Dower Pr◠Reg. 1. Extents of Mannors 4 E. 1. Surveyors The Office of Coroners 4 E. 1. Coroner The Statute of Bigamy 1 Aide of the King 2 Aide of the King 3 Aide of the King 4 Purprestures 5 Clergy 6 Warranty Glocester 6 E. 1. 1 Damages and Costs 2 Age 3 Warranty 4 Cessavit 5 Wast 6 Mortdancester 7 Entry and Writs of entry 8 Trespass 9 Appeals Pardon 10 Essoin 11 Receit 12 Voucher 13 Estrepment 14 Damages and Costs 15 Wines Exposition upon the Statute of Glocester 6 E. 1. Age Damages and Costs Against bearing Arms 7 E. 1. Armour A Statute of Religious men 7 E. 1. Mortmain The Statute of Rutland 10 E. 1. Exchequer The Statute of Acton Burnel 11 E. 1. Recognisance The Statute of Wales 12 E. 1. Wales Westminster 2 E. 3. 1 Tail 2 Replevin 3 Cui in vita 4 Dower 5 Advowson 6 Voucher 7 Admeasurement of Dower 8 Admeasurement of Pasture 9 Mesne 10 Attorney Justices in Eyre 11 Account 12 Appeals Essoin 13 Indictments 14 Wast 15 Prochein Amy 16 Wards 17 Essoyn 18 Execution 19 Ordinaries 20 Cosinage c. 21 Cessavit 22 Wast 23 Executors 24 Nusance Quodpermittat Writs c. 25 Assizes 26 Redisseisin 27 Essoyn 28 Essoyn 29 Oyer and Terminer 30 Exception 31 Mortmain 32 County and Turn 33 Crosses 34 Rape 35 Wards 36 Distresses 37 Distresses 38 Jurors 39 Return of Sheriffs 40 Age 41 Contra formam collat 42 Fees 43 Citation 44 Fees 45 Execution 46 Approvements 47 Fish Fishers c. 48 View 49 Champarty Writs The Statute-Merchant 13 E. 1. Recognizance The Statute of Winchester 13 E. 1. Fairs Robberies Circumspecte agatis 13 E. 1. Prohibition The Statute of Exon. 14 E. 1. Coroner The Ordinance for Ireland 17 E. 1. Ireland Quia emptores terrarum or Westminster 3. 18 E. 1. Tenure Quo Warranto 18 E. 1. Franchises The Statute for levying Fines 19 E. 1. Fines The Statute of Vouchers 20 E. 1. Vouchers The Statute of great and small money 20 E. 1. Money The Statute of defending Rights 20 E. 1. Champerty Receit The Statute of Inquests of Lands 20 E. 1. Jurors The Statute of persons put in Assises 21 E. 1. Jurors The Statute of Trespassers in Parks 21 E. 1. Forests Districtiones Scaccarii 21 E. 1. Distresses The Statute of Conspirators 21 E. 1. Champerty The Statute of Consultation 24 E. 1. Prohibition Confirmation of Charters 25 E. 1. Confirmation The Statute of purchasing Liberty 27 E. 1. Mortmain The Statute of Fines levyed 27 E. 1. Fines Justices of G. D. Nisi Prius Sheriff Articuli super Cartas 28 E. 1. 1 Confirmation 2 Purveyors 3 Marshalsey 4 Common Pleas 5 Chancery 6 Seals 7 Dover 8 Sheriff 9 Distresses Jurors 10 Conspiracy 11 Champerty 12 Debt to the King 13 Sheriff 14 Hundreds 15 Process 16 Return of Sheriffs 17 Robberies 18 Wast 20 Gold Silver c. The Statute of Appeals 28 E. 1. Appeals The Statute of Escheators 29 E. 1. Liveries c. A new Statute of Quo warranto 30 E. 1. Franchises The Statute of Lakers and Brewers 31 E. 1. Butchers Weights The Statute of Protection 33 E. 1. Protection A Statute for definition of Conspirators 33 E. 1. Conspiracy Champerty Orders for Inquests 33 E. 1. Challenge An Ordinance of the Forest 33 E. 1. Forests Another of the same 34 E. 1. Forests A Statute for measuring Land 34 E. 1. Weights A Statute of joynt-Ioynt-Tenants 34 E. 1. Assises A Statute for amortisement of Lands 34 E. 1. Mortmain A Statute for certain Liberties 34 E. 1. Franchises A Statute of Religious persons 35 E. 1. Church-yards Statutes of E. 2. A Statute for Knights 1 E. 2. Knights A Statute for breaking Prisons 1 E. 2. Felony Articuli Cleri 9 E. 2. 1 Prohibition 2 Prohibition 3 Prohibition 4 Prohibition 5 Prohibition 6 Jurisdiction 8 Residence 9 Monasteries 10 Appeal 11 Monasteries 12 Excommunication 13 Ability 14 Election 15 Clergy 16 Clergy A Statute of Cavelet in London 10 E. 2. London The Statute of York 12 E. 2. 1 Assises 2 Witness 3 Nisi prius 4 Nisi prius 5 Return of Sheriffs 6 Victuall c. The Statute of Essoins 12 E. 2. Essoyn View of Land and Essoin of the Kings service 12 E. 2. Essoyn View Westminster 4. of Attaints and gréen-war 13 E. 2. Attaint Sheriff A Statute for Estreats of
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