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
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-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
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
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
Commissioners for paving and mending the streets who are enabled to call the Commissioners for Hackney-coaches to accompt for the same VI. All Fines Rents Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress by Warrant under the hands and seals of any 5 of the Commissioners and for want of distress by Imprisonment of the persons untill satisfaction Coals I. Stat. 16 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals brought into the River of Thames and sold shall be sold by the chaldron containing 36 bushells heaped and according to the bushell sealed for that purpose at Guild-hall London and so proportionably II. All other Coals commonly sold by weight after 112 pound to the hundred upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals and the double value thereof to be recovered in any Court of Record or by complaint to the Lord Mayor of London and Justices of the Peace within the City and liberties or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale who upon due pro of upon oath may convict the offenders and give Warrant under their hands and seals for levying the forfeitures one half to the person complaining the other half for the poor or repairing high-ways within the same parish or any other adjoyning parish by their direction or Warrant III. The said Lord Mayor and Court of Aldermen of London and Justices of Peace in their several Counties or any 3 of them whereof one of the Quorum may set rates or prices upon such Coals to be sold by retail allowing competent clear profit to the retailer IV. If any ingrosser or retailer refuse to sell as aforesaid they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored and if refused taking a Constable force entrance and sell the said Coals at such rates rendring the money to the ingrosser or retailer necessary charges deducted This Act to continue 3 years next and to the end of the next session of Parliament and no longer V. Provided no person be sued upon any other Act for the same offence and that the general issue may be pleaded by the defendant to any action upon this Act and upon verdict for the def or that the plaintiff be nonsuit to have dammages and double costs VI. Provided that no person having any interest in any Wharf used for receiving or uttering Coals or trading by himself or in any others name in engrossing or selling Coals shall intermeddle in setting the prices thereof Collectors I. Stat. 18 H. 6.5 None appointed to be a Collector of a fifteen in a City or Borough shall be also Collector in the same County unless he may dispend in the County out of such City in lands 5 l per annum above all reprises II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money and their assistants and deputies Commission and Commissioners I. Stat. 42 E. 3.4 Commissions of Inquiries shall be made to the Justices of the one Bench or the other Justices of Assize Justices of Peace with others of the most worthy in the Countrey save in the Office of the Escheatorship II. Stat. 4. H. 4.9 If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands the Chancellor of England calling to him some of the Justices and the chief Baron if need be hath power to give remedy therein III. Stat. 7 H. 4.11 Commissioners not receiving a Commission shall be discharged thereof upon oath IV. The Barons of the Exchequer have power to administer the oath and to discharge them thereupon V. The Barons of the Exchequer and the Justices of either Bench have also power by Dedimus potestatem to receive such oaths in the Country and the Justices shall make certificate thereof into the Exchequer and thereupon also the Barons shall discharge the Commissioners their heirs executors and land-tenants VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer and of inquiry and certifying onely Common Pleas. I. Magna Charta 11. 9 H. 3. Common Pleas shall not follow the Court but shall be holden in some place certain II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer contrary to the form of the Greâ— Charter Common Prayer See Religion Conditions I. Stat. 32 H. 8.34 Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands as fully as the Lessors their heirs or successors might have done II. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their lessors or grantors their heirs or successors all advantage of recoveries in value by reason of any warranty in Deed or Law by Voucher or otherwise onely excepted Confirmation I. Marlbr 5. 52 H. 3. The Great Charter and that of the Forest shall be duely observed and inquired of before the Justices in Eyre and the Sheriffs in their Counties and the offenders shall be grievously punished by the King II. Stat. 25 E. 1. cap. 1 2 3 4. The Great Charters are confirmed judgments given against them shall be void they shall be read in all Cathedral Churcheâ—â— and Excommunication shall be pronounced against the breakers of them III. Artic. super Chart. 1. 28 E. 1. The Great Charter and that also of the Forest shall be duly observed IV. They shall be read four times in the year in a full County-Court viz. at the Counties after Mich. Christm Easter and St. John Baptist V. There shall be three Knights or other substantial men chosen by the Commonalty in every County to hear plaints concerning the Charters and to determine them without such delay as is used at the Common Law but they shall not in their proceeding prejudice the Common Law or the Charters VI. They shall have their power by the King 's Writ under the Great Seal and the Sheriffs and Bailiffs shall be attendant upon them VII Stat 1 E. 3.1 The Great Charter and that of the Forest shall be duly kept and put in execution See Ann. 2.4.5.10.14 28.31.36.37.42 45 E. 3. cap. 1. 50 E. 3. cap. 2. and Ann. 1.2 Stat. 2.5.6 Stat. 1. cap. 1.7 cap. 2.8 12 R. 2. cap. 1. also Ann. 1.2.4.7.9 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1. VIII Stat. 10 E. 3.1 All Statutes not repealed shall be kept and put in execution See also 28.36.37 38 E. 3. cap. 1. and 1.2 Stat. 2.35.6 cap. 1.7 cap. 2.8.9 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9 13. 4 H. 5. cap. 1. IX Stat. 42 E. 3. If any Statute be made contrary to Magna Charta or Charta de Foresta it
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-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-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
to the true intent of this Act shall be void Decies tantum * I. Stat. 38 E. 3.12 If a Juror take any thing of either party to give his verdict and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8 which see in Jurors he shall pay ten times so much as he hath taken to be divided betwixt the King and the prosecutor And all imbraceors that procure such Inquest shall incurre the like punishment II. If the Juror or Embraceor have not whereof to make gree he shall suffer a years imprisonment III. But no Justice or other Officer shall inquire of this offence ex officio Declaration I. Stat. 36 E. 3.15 By the ancient terms and forms of pleaders no man shall be prejudiced so that the matter of the action be fully shewed in the Declaration and in the writ Deeds and Writngs I. Stat. 1 M. Parl. 1 Sess 2. cap. 4. All Statutes Recognizances and writings made by or to any person since the sixth of July last and before August under the name of any other then the Queen shall be good II. This Act shall not extend to make good any letters patents commissons grants or other writings made by the Lady Jane Dudley since the said sixt of July last Demurrers I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges shall proceed and give judgment according to the right of the cause and matter in law without regard to any defect in the proceeding except such onely as the party shall express together with his demurrer after which time no judgment shall be reversed by writ of Errour for any other defect then such as he shall there mention And if there happen to be any other the Judges may amend them II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment Presentment or penal Statute Dilapidations I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings whereof they are seized in right of their Place or Function suffer them to fall into decay for want of repair and make fraudulent gifts of their personal estate with purpose to hinder their successors from recovering dilapidations against their executors or Administrators in such case the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate as he might have had against the executor or administrator of the predecessor II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings for which they were paid in pain to forfeit to the Queen c. double so much as shall not be so imployed ☞ Deceit * I. West 1.29 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party and thereof be attainted he shall suffer a year and a days imprisonment at least and if he be a pleader he shall be also expelled the Court and if they shall deserve greater punishment it shall be at the King's pleasure II. Officers Criers of Fee and Marshals of Justices in Eyre shall not take money otherwise then they ought to do in pain to pay the treble thereof to the complainants III. Stat. 2 E. 3.17 A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land as in case of summons in Plea of land Discontinuance of right or estate I. Stat. 11 H. 7.20 If a woman that hath an estate in Dower for life or in tail joyntly with her husband or onely to her self or to her use in any lands c. of the Inheritance or purchase of her husband or given to the husband and wife by the husbands ancestors or any seized to the use of the husband or his ancestors do sole or with an after taken husband discontinue or suffer a recovery by coven it shall be void and he to whom the land ought to belong after the death of the said woman may enter as if the woman were dead without discontinuance or recovery II. Provided that the woman may enter after the husbands death but if the woman were sole the recovery or discontinuance barreth her for ever III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Discontinuance of process I. Stat. 11 H. 6.6 No suit before Justices of Peace shall be discontinued by a new Commission of Peace II. Stat. 1 E. 6.7 The death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the original and judicial process in respect of the King's name be material as concerning any default to be alledged therefore III. Assizes of Novel disseisin Mortdancester Juris utrum or Attaints shall not be discontinued by reason of death new Commissions Associations or the not coming of the same Justices or any of them IV. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one Bench or the other or Serjeant at Law shall not make the suit abatable V. Preferment of a Justice of Assize Goal-delivery or Peace or of any other Commissioner to the dignities aforesaid or to be Sheriff shall not lessen his power But note that to be Sheriff is altered by 1 M. Parl. 1.8 which see in Sheriffs VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony though he were reprieved by other Justices VII No process or suit before Justices of Assize Goal-delivery Oyer and Terminer or Peace or other of the King's Commissioners shall be discontinued by a new Commisson or by the alterations of any of their names ☞ Dispensations I. Stat. 28 H. 6.16 All Bulls Breves Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void and shall not be used in pain of a Praemunire II. Former lawfull marriages are confirmed III. A confirmation of all Arch-bishops and Bishops and their authority and of other Ecclesiastical persons and orders by authority of this Act and not by any forreign power IV. The effect and contents of all Bulls Breves and other faculties purchased of the See of Rome which are allowable shall be confirmed under the great Seal Distresses I. Stat. de districtione Scaccarii 51 H. 3. The owner of impounded cattel may give them food without disturbance II. A distress taken for the Kings debt shall not be sold within fifteen days and upon shewing of a tallie and giving surety for his appearance in the Exchequer upon the next accompt the distress shall cease the Sheriff shall also attach the party that received the debt to be there also at the same time III. Neither draught nor cattel nor sheep shall be distrained except for damage feasant so long as other goods may be
unless his Ancestors have done it before the said voyage III. Such as be at a suit-fine shall be free from suit paying their Fine IV. The Parcenor having the eldest part shall do suit for his or her fellows and the rest shall be contributary V. Also one Joynt-tenant or Tenant in common shall do the suit and if there be no mean to acquit him the rest shall contribute VI. If a Lord distrain for suit not due the parties upon complaint shall have an attachment against the Lord to appear in the Kings Court at a short day when one only Essoin shall be allowed and the distress shall be delivered to the Plaintiff and there remain untill the Plea be determined VII If the Lord appear not at the day the Sheriff shall have command to distrain him by his goods and to have his body before the Justices at another day when if he appear not the Plaintiff shall go without day and the distress shall remain with him untill the Lord have recovered and in the mean time no more distresses shall be made saving to Lords their right to recover their suits when they will sue for them But here if the Lord be convict he shall allow the Plaintiff damages VIII Like Justice shall be done to Lords against Tenants that withdraw their Suits as to limiting of days and awarding of distresses and damages also if they recover but Lords shall not recover seisin of such Suits against their Tenants by default as they were wont to do And as concerning suits withdrawn before the time above-mentioned let the Common Law run as it was wont to do Swans I. Stat. 22 E. 4.6 None but the Kings Son shall have any mask or game of Swans of his own or to his use except he have Lands and Tenements of Freehold worth five Marks per annum besides reprises in pain to have them seised by any having lands of that value to be divided betwixt the King and the Seisor ☞ Swearing and Cursing * ☞ I. Stat. 21 Jac. 20. If any shall swear or curse within the hearing of a Justice of Peace or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice he shall forfeit 12 d. to the use of the poor where the offence shall be committed to be levied by the Constable Church-wardens and Overseers of the Poor there upon warrant from such Justice by distress and sale of goods and in default of distress if the offender be above 12 years old he shall upon warrant as aforesaid be set in the stocks 3 hours but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if the Officer be sued for the due execution of his Office he may plead the general issue and yet give special matter in evidence III This offence shall be complained of and proved as aforesaid within 20 days after it is committed And this Act shall be read in the Church twice in the year upon Sunday after Evening-Prayer Tail I. West 2.1 13 E. 1. WHere Lands are given to a man and the heirs of his body or to husband and wife and the heirs of their two bodies upon condition That if such man or such husband and wife die without issue that then the land should revert to the Donor or where land is given in frank-marriage and such a condition is conceived to be annexed or implied In all such cases heretofore the Feoffees after issue had had power to Alien and to dis-inherit the issue contrary to the mind of the Donors Wherefore now it is ordained That the Will of the giver according to the form in the Deed of Gift manifestly expressed shall be from henceforth observed so that they to whom the land was given under such condition shall have no power to alien the land so given but it shall remain to their issue after their death or shall revert to the giver or his heirs if issue fail neither shall the second husband of any such woman from henceforth have any thing of the land so given upon condition after the death of his wife by the Law of England nor the issue of such second husband and wife shall succeed in the inheritance but immediately after the death of the husband and wife unto whom the land was given it shall return unto the issue of the giver or his heirs as aforesaid II. Hereupon a new Writ of Formedon in descender is granted in this form Praecipe A. quod juste c. reddat E. Manerinm de F. cum suis pertinentiis quod C. dedit tali viro tali mulieri haeredibus de ipsis viro muliere exeuntibus or thus Quod C. dedit tali viro i◠liberum maritagium cum tali muliere quod post mortem praedictorum viri mulieris praedicto B. filio corum viri mulieris descendere debeat per formam donationis praedictae ut dicit c. vel Quod C. dedit tali haeredibus de corpore suo exeuntibus quod post mortem illius talis praedicto B. filio praedicti talis descendere d beat per formam c. III. This Act shall extend to gifts hereafter to be made and not to gifts heretofore made and a Fine hereafter to be levied upon such lands shall be void in Law Neither shall the heir or reversioner albeit they be of full age in England or out of prison need to make their claim But this Law concerning a Fine is in some sort altered by 32 H. 8.36 which see in Fines Taxes Tenths Fifteens Benevolences Ship-money I Stat. 25 E. 1. Certain Taxes then before taken shall not be taken in custome but by the common assent of the Realm except antient Aids and Taxes II. Stat. De Tallagio non concedendo cap. 1. Temp. E. 1. No tallage or aid by us or our heirs shall be levied without the will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free Commons of our Realm III. Stat. 1 E. 3. Stat. 2. cap. 6. Whereas after Taxes rated levied and paid into the Exchequer Commissions of review issued out by colour whereof the Justices thereto assigned took Fines of the Taxers and others it is ordained That from henceforth the people shall be taxed after the old manner and not otherwise IV. Stat. 11 R. 2.9 No imposition or charge shall be put upon Wooll Leather or Woolfels other than the Custom and Subsidy granted to the King in this present Parliament and if any be the same shall be annulled saving always unto the King his ancient right V. Stat. 9 H. 4.7 Goods shall be chargeable towards the payment of Tenths or Fifteenths in the place where they were at the time the same were granted howbeit none shall be twice charged for his goods VI. Stat. 1 R. 3.2 The Subjects of this Realm shall not be hereafter charged by any
the cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
thereupon XX. The savings in this Act and in that of 32 H. 8.1 of custody wardship relief and primer seisin to the King and of custody and wardship to other Lords shall be expounded thus That the King shall have for his full third part such mannors lands and tenements as shall descend as well in fee-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
thereupon a Writ awarded to the Sheriff and returned into the Common Pleas and the Statute there mee shewed albeit the process thereof be after that discontinued yet the party shall have the process re-continued and shall also have re-execution upon the same Statute without shewing it again to the Court. XXXI Stat. 11 H. 6.10 He that sueth for a Scire facias in Chancery to defeat an Execution upon a Statute-staple shall find surety both to the King and the Recognizee to prosecute his Suit with effect c. XXXII Stat. 23 H. 8.6 The Chief Justices of the Kings Bench and Common Pleas or either of them or in their absence out of the Term the Mayor of the Staple at Westminster and the Recorder of London joyntly together shall have power to take Recognisances for the payment of debts in this sorm following XXXIII Noverint universi per praesent nos A.B. D.C. teneri firmiter obligari Johanni Style in cent libr. Sterling solvendis eiden Johanni aut suo cert Atornat hot script ostend haered vel execut suit in tal fest c. proxim futur post dat praesent si desecero vel defecerimus in solutione debit praedict Volo conced vel sic Volumus concedimus quod tunc currat super me haered execut meos vel Super nos quemlibet nostrum haered execut nostros poena in statuto Stapul de debit pro Merchandisis in ead emptis recuperand ordinat provis dat talï dir Anno regni regis c. XXXIV Such Obligation shall be sealed with the Seal of the Recognisor or Recognisors as also with such a Seal as the King shall appoint for that purpose and with the Seal of one of the chief Justices or the Seals of the said Mayor of the Staple and Recorder and every of the said Justices and the said Mayor and Recorder shall have the custody of one such Seal to be appointed by the King as aforesaid XXXV The Clerk of the Recognisances to be also appointed by the King or his sufficient Deputy or Deputies shall write and inroll such Obligatiors in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Mayor and Recorder that take such Recognisance and the other with the writer thereof Also such Clerk or his Deputy or Deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. XXXVI The Clerk or his Deputy at the request of the Creditors their Executors or Administrators shall certifie such Obligations into the Chancery under his or their Seal XXXVII The Recognisees of such Obligations their Executors and Administrators shall have in every point degree and condition against the Recognisors their Heirs Executors and Administrators such Process Execution commodity and advantage as hath been had upon an Obligation of the Statute of the Staple and shall also pay like Fees for the same XXXVIII Here the Recognisor so bounden or otherwife grieved by such an Obligation shall have like remedy by Audita Qucrela and all other remedies in the Law as upon Obligations of the Statute of the Staple XXXIX Upon the sealing of the process for the execution of every such Obligation the King shall have an half-peny in the pound XL. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy as upon an Obligation of the Statute of the Staple XLI The Justices or the Mayor and Recorders fee for taking such a Recognisance is 3 s. 4 d. and the Clerks fee is as much and his fee for certifying such an Obligation is 20 d. And none of them shall take more in pain of 40 l. XLII From henceforth the Mayor or Constable of the Staple shall take no Recognisance of the Statute of the Staple in pain of 40 l. except between Merchants being free of the same Staple for Merchandize of the said Staple between them lawfully bought and sold XLIII The forfeitures abovesaid are to be divided betwixt the King and the prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed XLIV Stat. 16 and 17 Car. 2. cap. 5. When any Judgment Statute or Recognisance shall be extended it shall not be avoided or delayd by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of contribution against such persons whose Lands be or shall be extended out of such Extent from time to come XLV Provided This Act give no extent or contribution against any heir within the age of 21 years during such minority further then might have been before this Act. XLVI Provided This Act extend only to such Statutes as be for payment of moneys And to such Extents as shall be within 20 years after the Statute Recognisance or Judgment had This Act to continue 3 years and from thence to the end of the next Session of Parliament and no longer ☞ Records I. Stat. 9 E. 3.5 Justices of Assize Goal-delivery and Oyer and Terminer shall yearly at Michaelmas send all their Records and Processes determined and put in execution into the Exchequer which the Treasurer and Chamberlains there shall receive under their seals and keep them in the Treasury Howbeit the said Justices shall first take out the Estreats of the said Records and Processes to send them to the Exchequer as they were wont to do Recoveries I. Stat. 7 H. 8.4 Recoverers of Mannors Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make Avowry and justifie the same and have like remedy for recovering them as the Recoverer might have done or had Albeit the said Recoverers were never seised thereof And shall also have a Quare Impedit for an Advowson if upon a Voydance any disturbance be made by a stranger as the Recoverers might have had albeit they were never seised thereof by presentation II. Here every Avowant or Bailiff in any Râ—plegiarie or second Deliverence if their Avowrie Conusance or justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs III. Stat. 21. H. 8.15 A Termer for years may falsifie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assigns according to his Lease IV. Also the Recoverer shall have like remedy against the termer his Executors or Assigns by Avowrie or Action of debt for Rents and Services reserved upon such Lease and due after such recovery and also like action for waste done after such recovery as the lesser might have had if such recovery had never been V. No Statute of the Staple Statute-Merchant or execution by Elegit shall be avoided by such feigned recovery but such tenants shall also have like remedy to falsifie such recoveries as is