then such weapons as shall be allowed unto him by the same Justices which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint and shewed at every Muster as his arms together with his horse which he shall buy provide and maintain for that purpose according to his ability as other Subjects doe And here the Recusant that refuseth to declare what Armour and Munition he hath or to deliver it to such persons as shall have power to seize it shall forfeit the same to the King and besides shall upon warrant from any Justice of Peace of that County be imprisoned by the space of three moneths without bail CXLVI This Act shall not abridge Ecclesiastical censures CXLVII Stat. 7 Jac. 2. No person of the age of eighteen years or above shall be naturalized or restored to bloud unless he have received the Lord's Supper within a moneth before his bill was exhibited and also do take before the bill be twice read the oaths of Supremacy and Allegiance to be ministred unto him in the house of Lords by the Lord Chancellor or Keeper and in the Common house by the Speaker * CXLVIII Stat. 7 Jac. 6. Who shall take the Oath of Obedience or Allegiance by whom it shall be ministred and within what time CXLIX It shall be lawful for any of the Privy Council or any Bishop within his Diocess to require a Baron or Baroness of eighteen years of age or above to take the said Oath and likewise for any two Justices of Peace 1. Qu. to require any person of the age aforesaid or above and under the degrees aforesaid to take the same Oath CL. If any Baron or Baroness stand presented indicted or convicted for Recusancy three of the Privy Council whereof the Lord Chancellor Treasurer Privy Seal or the principal Secretary shall be one shall minister unto them the said Oath But if it be any other convicted person under those degrees or if the Minister pety Constables or Church-wardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may in either of the said cases minister the said Oath and upon refusal shall commit the party to prison there to remain until the next Ass or Sess where if he or she again refuse to take it they shall incur a Praemunire except women covert who shall onely be imprisoned and there remain without bail untill they shall take the said Oath CLI None refusing the said Oath shall be capable of any Office of Judicature or of other Office being no Office of inheritance or Ministerial function or to practise the Common Law Physick Chirurgery the Art of Apothecary or any liberal Science for gain CLII. If a married woman being a convicted Recusant do not conform within three moneths after conviction she shall be committed to prison by a privy Councellor or the Bishop of the Diocess if she be a Baroness But if any other of a lower degree then shall she be committed by two Justices of Peace 1. Qu. and there shall remain until she conform as aforesaid unless the husband for the wife's offence will pay unto the King 10 l. for every moneth or yield the third part of all his lands at the choice of the said husband CLIII None shall go himself or send any person whatsoever beyond sea to be trained up in Popery or any maintenance or relief to the party so sent or to any School or Religious house there in pain after conviction thereof to be adjudged unable to prosecute any suit in any Court of Equity to be Cummittee of any Ward Executor or Administrator to be uncapable of any Legacy or deed of Gift or of bearing Office within this Realm And besiders to forfeit all his goods and chattels and his land also during life But if he conform within six weeks after his return according to the Statutes in that case provided he shall not incur the penalties abovesaid CLIV. These offences shall be heard and determined by the Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer of such Counties where the offenders did last dwell or whence they departed or where they shall be taken CLV For Uniformity of Common-Prayer See Title Religion * CLVI Stat. 3 Car. 2. The Statute of 1 Jac. 4. shall be duely put in execution and none of the King's Subjects shall pass or go or shall convey or send or cause to be coveyed or sent any child or other person out of any of the King's Dominions into any parts beyond the Seas out of the King's Obedience to the intent to be resident or trained up in any popish society School or family or to be there instructed in the Popish Religion in any sort to profess the same Neither shall any convey or cause to be conveyed any money or other thing towards the maintenance of any such child or person already gon or lent or to go or to be sent and trained and instructed as aforesaid or under the name of charity towards the relief of any such Society or Religious House upon pain after conviction in any of the aforesaid cases to be disabled to sue or use any action bill plaint or information in course of Law or to prosecute any suit in equity or to be Committee of any Ward or Executor or Administrator to any person or capable of any legacy or deed of Gift or to bear Office within the Realm and to forfeit all his goods and chattels and also his lands rents annuities and Offices during his life CLVII Howbeit no person so sent or conveyed as aforesaid who shall within six weeks after his return conform himself to the present Religion here established and receive the Sacrament of the Lord's Supper shall incurr any of the penalties aforesaid CLVIII Justices of the King's Bench Assize Gaol-delivery and Oyer and Terminer have power to hear and determine these offences in such Counties where such offenders did last dwell or whence they departed or where they are taken CLIX. Stat. 16. 17 Car. 11. The branch of the Statute of 1 Eliz. 1. which gave power by commission under the Great Seal to exercise Ecclesiastical Jurisdiction and whereupon the pretended authority of the High Commission-Court was founded is repealed CLX No Ecclesiastical Judge Officer or Minister of Justice shall award impose or inflict any pain penalty fine amerciament imprisonment or other corporal punishment upon any of the King's Subjects for any contempt offence matter or thing whatsoever nor give any oath to any Church-warden Side-man or other person to present or confess any thing or to accuse him or her self of any crime or offence whereby they may be liable to any pain or punishment in pain to forfeit treble dammages to the party grieved and an 100 l. to the first prosecutor to be recovered by action of debt c. in which no
Church-warden and one of the Overseers of the poor of the place where they inhabite and such working in Harvest or falling sick shall not be accounted a settlement and if such persons refuse to go and shall not remain in the Parish where they ought to be setled any two Justices of the Peace where the offence is committed may send them to the house of Correction as Vagabonds or to the publick Work-house there to labour XXXIII There shall be one or more Corporations in London and Westminster the Counties of Middlesex and Survey lying within the Parishes in the Weekly Bills of Mortality consisting of a President Deputy-President and Treasurer And the Lord Mayor President and Aldermen to be Assistants of the Corporation or Work-Houses of London and 52 Citizens to be chosen by the Common-council of the said City who may elect a Deputy-President and Treasurer and other Officers for execution of this Act. XXXIV A President and Deputy-President and Treasurer and Assistants for the City of Westminster to be chosen by the Lord-Chancellor or Lord-Keeper XXXV If Justices of the Peace of Middlesex and Surrey respectively in their Quarter-Sessions may chuse Presidents Deputy-Presidents Treasurer and Assistants for their respective Corporations and Work-houses And the Officers to give accounts in writing at every Quarter-Sessions XXXVI The said respective Presidents c. Incorporated and may sue plead or be sued by the name of President and Governort for the poor of the said respective places and every of the said Corporations may purchase or have Lands not exceeding the value of 3000 l. per annum without Licence XXXVII The said respective Corporations or any 7 of them have power to meet and keep Courts for the purposes in this Act expressed at such time and place as the President his Deputy or the Treasurer shall appoint who are to warn a Court at the desire of any four of the said Corporation and have power to appoint a common Seal for the use of the said Corporation XXXVIII The respective Presidents and Governors of the said Corporations or two of them or any person appointed may apprehend Rogues Vagrants sturdy beggars or idle and disorderly persons within their respective limits and places and cause them to be set and kept to work and the Justices of the Peace in their Quarter-Sessions may signify the names of such Rogues Vagrants c. to the Kings Privy Council as they shall think fit to be transported to English Plantations upon approbation of which to the said Justices signified any 2 of the said Justices may cause them to be transported from time to time during the space of three years next ensuing the end of this present Session of Parliament to any English Plantation beyond Sea there to be disposed as servants for a term not exceeding 7 years XXXIX Upon certificate from the respective Corporations of want of stock to the City of London The Common-council of the said City and respective Justices at the Sessions may ascertain a sum not exceeding a rate of one years proportion to the poor And thereupon the Aldermen Deputies and Common-council-men of every Ward in London and the Burgesses and Justices of the Peace in VVestminster and Justices of the Peace in Middlesex and Surrey shall equally rate the Inhabitants at and upon complaint by any person of being unequally rated he may be relieved at the next Quarter-Sessions XL. Any Alderman of London or his Deputy or the Burgesses and Justices of the Peace of the City of Westminster and Liberties thereof or any two Justices of Peace of Middlesex and Surrey by Warrant under their hands and Seals may authorize the Church-wardens or Overseers for the poor to demand and gather the several sums assessed And for default of payment within 10 dayes after demand or notice left in writing at the dwelling house or lodging of the persons assessed to levy the same by Distress and Sale of their goods restoring the over-plus to the party distreined XLI All stocks formerly raised for the poor and in the hands of a Corporation for the poor in London shall be paid to the Treasurers of the said Corporation made by this Act and all that have any stocks or Lands in their hands for that purpose shall be accountable to the said Treasurers or such as shall be appointed by them or any 7 of them Provided all just expences be allowed them XLII The respective Presidents and Governors or 7 of them may make Orders and By-Laws for releiving regulating and setting the poor to work apprehending and punishing Rogues and Vagabonds within their several limits Provided the said By-Laws be presented to and confirmed by the Justices of the Peace at their Quarter-Sessions XLIII The President and Governors or any 14 of them may choose and entertain Officers and others needful to be imployed abouâ— the stock or revenue belonging to the Corporation And all Sheriffs and Officers to be aiding to them in the execution of the powers by this Act. XLIV Two Justices of the Peace may appoint and swear new Constables Headboroughs c. in case of death or removal of such Officers out of the Parish and if for want of holding Leets they continue above the year they may be discharged at the Sessions and others put in XLV Every Justice of Peace may reward any persons that apprehend and bring before them any Rogue Vagabond or sturdy Beggar by granting an Order or Warrant under his hand and Seal to the Constable of the Parish which such Rogue c. passed through unapprehended for payment of 2 s. for every Rogue so apprehended and upon default of payment to proceed against such defaulter according to the Statute 1 Jac. cap. 7. and to allow out of the said Forfeiture the said 2 s. and allowance for loss of time as they shall think fit XLVI If any person shall apprehend a Rogue Vagabond or sturdy Beggar at the confines of any County which passed through another County unapprehended he may go to some Justice of the Peace of the County through which such Rogue or Vagabond passed unapprehended who upon certificate under the hand of some Justice of the Peace of the County where such Rogue was apprehended shall grant his order or warrant under his hand and seal to the Constable to pay unto such persons 2 s. and what he thinks fit for expences and loss of time and upon refusal to proceed against such Constable for the forfeitures by the Statute of 39 El. cap. 4. XLVII Constables Headboroughs and Tythingmen out of purse with the Church-wardens and Overseers of the poor and other Inhabitants of the Parish may make rates upon all occupiers of lands and Inhabitants and all others chargable by the Statute 42 El. to the Poor which being confirmed under the hands and seals of two Justices of the Peace may be levyed by their warrant by distress and sale of the refusers goods XLVIII Putative fathers of Bastard children leaving their children upon
Merchants Subjects natural 4 l. 10. By Aliens and strangers 6 l. Into other Ports by Subjects 3 l. By Aliens 4 l. 10 s. 2. Muskadels Malmseys Cates Tents Alicants Bastards Sacks Canariees Malligoes Maderoes and all other sweet wines by Subjects natives brought into the Port of London the Tun 2 l. 5 s. By Stangers and Aliens 3 l. Into other Ports by native Subjects 1 l. 10 s. Ry Aliens and strangers 2 l. 5 s. XXVIII Poundage viz. 12 d. in the pound of all Merchandise goods according to the Book of Rates except Woollen clothes made in England called old Draperies Wines paying Tunnage Fish English taken and brought in English bottoms and all fresh fish and Bestial and all goods mentioned in the Book of Rates to be Custom free 12 d. per l. Of all Woollen broad clothes exported after the rate of each 64. in weight and so proportionably by subjects 3 s. 4 d. By Strangers Aliens 6 s. 8 d. For not paying of which the goods and merchandise shall be forfeit one moiety of the rate hereof to the King the other moiety to the Informer that shall seise or sue for the same XXIX Such as have their goods taken by Pyrates or perished at Sea being born Denizens may upon proof there before the Lord Treasurer or Baron of the Exchequer ship so many more goods of the same value without custom And herrings fish may be transported in English bottoms custom free XXX No rates can be set upon merchandise of Subjects or Alien but by common consent in Parliament The Rates intended by this Act agreed by the Common's house of Parliament and signed by the Speaker XXXI For goods above 5 l. value the Custom officers shall take such Fees and no other as were taken in the 4th year of King James untill they shall be otherwise setled by Parliament XXXII Iron armes Bandiliers Bridle-Bitts Halbert-heads and Shaps Holsters Muskets Carbines Fowling-pieces Pistols Pike-heads Sword or Rapier blades Saddles Snaffels Stirops Calve-skins dressed or undressed Geldings Oxen Sheep-skins dressed without the wool and all sorts of manufactures made of leather may be transported paying the Rates by this act appointed and no other XXXIII Goods when they are at the prices following may be transported viz. Gunpowder when the barrel exceeds not 5 l. Wheat when at the time of the lading the quarter exceeds not 2 l. Rie Beans and Peace 1 l. 4 s. Barly and Malt 1 l. Oats 16 s. Bacon the pound 6 d. Butter the barrell 4 l. 10 s. Cheese the hundred 1 l 10 s. Candles the dozen pound Paying the Rates appointed and no more 5 s. XXXIV Provided the King by Proclamation may at any time prohibit the transporting Gunpowder Armes and Ammunition XXXV Above the Rates aforesaid there shall be paid to the King of every Tun of Wine of the growth of France Germany Portugal or Mader a brought into London or elsewhere 3 l. within four moneths after importing and all other Wines 4 l. within nine moneths after importing and the importers shallgive security for the same and if the said wines be exported within 12 moneths the said additional duty shall be repayed and security discharged as to so much exported all Impost of Excise discharged And Prisage to pay no Custom See Title Ships LXVIII Who shall pay double Aliens Customes XXXVI Stat. 12 Car. 2. ca. 19. For preventing frauds and concealments of Customs If any person shall land and convey away any goods for which Tunnage and Poundage ought to be paid without entry or agreement for the Custom upon oath hereof made before the Lord Treasurer Baron of the Exchequer or Magistrate of the Port where the offence is committed or place next adjoyning thereunto they may grant warrant to search for the said goods and in case of resistance in the day time to break open any house and seize and secure the said goods so as the same be within one moneth after the supposed offence committed XXXVII In case of false information the party injured may recover his full dammages and costs and this Act to continue unto the end of the first Session of the next Parliament and no longer XXXVIII Stat. 14 Car. 2. ca. 11. An Act for the preventing and punishing fraudes and violences used to avoid the King's Customes and for regulating abuses therein See the Statute at large ☞ Customs and Usages I. Stat. 31 H 8.3 The Mannors c. of Thomas Lord Crommel and others within the County of Kent Leing Gavelkind land shall hereafter descend as lands at the Common Law ☞ Custos Rotulorum I. Stat. 37 H. 8.1 None shall be Custos Rotulorum but such as shall have a Bill signed by the King's hand for the same which shall be warrant for the Lord Chancellor to put and continue him in the Commission to be Custos Rotulorum until the King shall appoint another II. The Custos Rotulorum may execute that Office by a Deputy learned in the Laws and able to supply that place III. The Custos Rotulorum shall have power to appoint the Clerk of the peace who may also execute it by a sufficient Deputy approved by the Custos Rotulorum IV. This Act shall not inhibit the Arch-bishop of York the Bishop of Durham the Bishop of Ely and all others having lawfull power by the grant of the King or his Progenitors to make Custos Rotulorum within their several jurisdictions to use the same liberty which they had before V. Stat. 3. 4 E. 6.1 The Lord Chancellor or Keeper shall appoint the Custos Rotulorum in every County of England Wales and other the King's Dominions who may execute his Office by himself or by his Deputy Howbeit the power of others is saved who have power to name the Custos Rotulorum Days in Bank I. Stat. DE Anno Bissextili 21 H. 3. The day increasing in the Leap-year and the day next going before shall be accounted for one day and this was done to avoid the doubt of the year and day that were wont to be assigned to sick persons being impleaded to the end they might know when the Leap-year happened how to reckon their year and day II. Stat. 51 H. 3. If a Writ come in Utas Sancti Mich. Quinzime Mich. Tres Mich. Crastino Anim. Crastino Mart. Utas Martinì Quinzime Mart. Utas Hillarii Quindena Hillarii Crast Purif Utas Purific Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae or Crast Ascens Utas Trin. Quindena Trin. or Crast S. Joh. B. Utas S. John Bapt. Quindena S. J. B. Day shall be given thereupon unto the Utas Sancti Hill Quinzime Hill Crastino Purif Quinzime Paschae Tres Paschae Mense Paschae Quinque Paschae Utas Trin. sometimes in Crast S. J. B. Crast Utas S. J. B. Quindena S. Jo. Bapt. Utas Mich. Quindena Mich. Tres Mich. Mense Michaelis Crast Anim. Crast Mart. Utas Mart. Quindena Mart. And so every Term shall answer to other
by default VIII Stat. 1 E. 6.12 The wife shall be endowed albeit her husband were attainted convicted or outlawed for treason or felony saving the right of others But note that this clause is altered for Treason by 5 E. 6.12 Which see in Treason ☞ Drapery * I. Stat. 11 E. 3.3 No Clothes made beyond Sea shall be brought into the King's Dominions in pain to forfeit the same and to be further punished at the King's will * II. Stat. 11 E. 3.5 Cloth-workers of strange lands which come into the King's dominions shall have the King's protection dwell where they please and have convenient franchises granted unto them III. Stat. of Clothes 25 E. 3. Stat. 4. All Clothes vendible shall be measured by the King's Aulnager or his Deputies IV. Every cloth of Ray shall be 28 yards long and six quarters broad and is to be measured by the List also the length of a coloured cloth shall be 26 yards and the breadth six quarters and an half and such clothes are to be measured by the back But this Statute for the measure is altered by 27 E. 3. Stat 4. * V. Stat. 27 E. 3. Stat. 1.4 Clothes shall not be forseit for want of measure but the Aulnager shall measure them and fix a mark thereunto expressing what each cloth contains and he shall take for his fee of the seller an half penny for every cloth which is of Assize and a farthing for an half cloth but he shall take nothing for lesser clothes neither shall he meddle with cloths which are not to be sold and the buyer shall pay according to the quantity of the cloth VI. A subsidy granted to the King of every cloth viz. a cloth not grained of assize 4 d. the half cloth 2 d. Scarlet 6 d. and 3 d. half grained 5 d. and 2 d. ob VII Every cloth passing half a cloth by three yards shall pay subsidy for a whole cloth VIII No subsidy shall be paid for an half cloth nor for cloth made for a man 's own use or sealed by the Aulnager for subsidy paid before IX Clothes put to sale before they be sealed shall be forfeited to the King X. Stat. 50 E. 3.7 Woollen clothes shall not be transported beyond Sea or pay subsidy before they be fulled XI Stat. 50 E. 3.8 Clothes called Frise-ware made of Irish wooll shall pay no subsidy or Aulnage * XII Stat. 3 R. 2.2 The Aulnager shall not seal a pieced cloth in pain that the owner shall forfeit the cloth and the Aulnager his Office XIII If he seal a cloth which is not of Assize he shall forfeit the value of the cloth and his office and besides suffer imprisonment and be ransomed at the King's will XIV Stat. 7 R. 2.9 A confirmation of all Statutes made against deceit in clothes to be sold and against Aulnagers and Collectors of the subsidy of clothes * XV. He that findeth defects in any clothes contrary to former Statutes shall have the value of the third part of such clothes which nevertheless shall be answered to the King by the Aulnager together with the rest of the clothes forfeited XVI Stat. 13 R. 2.10 Cogware and Kendal cloth shall not be subject to the Statutes of Assize of cloth but shall be made of such length and breadth as formerly so it be also made of such course wooll as formerly * XVII Stat. 13 R. 2.11 No plain clothes tacked or folded made in the Counties of Somerset Dorset Bristol and Glocester shall be put to sale before they be opened in pain to forfeit them XVIII The Workers Weavers and Fullers shall put their seals to every cloth upon a certain pain to be limited by the Justices of Peace * XIX Stat. 17 R. 2.2 No cloth shall be sold before it is measured and sealed by the Aulnager upon the paines contained in the Statutes thereof made XX. No deceit shall be used in Kerseys in pain to forfeit the same XXI Stat. 4 H. 4.24 The Aulnage may be let to farm by improvement according to the discretion of the Lord Treasurer and Barons of the Exchequer notwithstanding the Statute of the 17 R. 2. which fee in Officers XXII Stat. 9 H. 4.2 No cloth called Kendal whereof the dozen passeth not 6 s. 8 d. shall be sealed neither shall any Aulnage be paid for the same * XXIII Stat. 11 H. 4.6 None shall tack or plight together clothes before the Aulnager hath set his seal unto them in pain to forfeit the same * XXIV If the Aulnager be attainted to doe contrary to this Statute he shall forfeit to the King for the first offence 10 l. And for the second 20 l. And for the third offence his body shall be arrested and all his Goods and Chattels at the King's will And here the prosecutor shall have a fourth part of the said forfeitures of 10 and 20 l. saving to the Lords and other their Franchises * XXV Stat. 11 H. 6.9 This word Cloth in the aforesaid Statutes of 7 H. 4.10 and 11 H. 4.6 shall be understood of Broad Cloth and broad dozens and not of Streats XXVI Every man may make and sell all Streats containing in length 14 yards and in breadth one yard unwatered or else 12 yards watered paying to the King the due Aulnage subsidy customs and other devoirs XXVII If Streats want the aforesaid length and breadth The Aulnager shall cut off the list thereof at one of the ends to the end it may be afterwards sold as a remnant and not for a cloth XXVIII No such clothes shall be put to sale untill they be measured searched and sealed by the Aulnager in pain to forfeit the same XXIX The Aulnager that sealeth any Streats wanting the length and breadth aforesaid and cutteth not off the list as aforesaid shall forfeit to the King for every such piece of defective cloth 6 s. 8 d. * XXX Stat. 4 E. 4.1 Broad-cloth made fit for sale shall contain in length 24 yards with a man's Inch to be added to every yard and is to be measured by the crest and in breadth 2 yard or 7 quarters at least within the lists and if the cloth be longer the buyer shall pay for it over and besides according to the rate XXXI Streats made fit for sale shall contain twelve yards and three such inches in length and one yard in breadth within the lists XXXII Kerseys made fit for sale shall contain 18 yards and 3 inches in length and in breadth a yard and a nail or at least a yard within the lists XXXIII Every half Cloth Streat and Kersey shall keep his measure in length and breadth according to the rate of the whole cloth respectively XXXIV None shall put into cloth to be sold any lambs wooll flocks or cork in pain to forfeit 20 s. for every cloth or half cloth so mingled to be divided betwixt the King and the prosecutor XXXV Provided that cloth may be made of lamb's wool onely and cork
Officer there or unto the Lord Treasurer Chancellor under-Treasurer or one of the Barons of the Exchequer or unto the Attorney-general he shall forfeit 100 l. LXXIV Customers Controllers and Searchers have power to make Deputies in Ports Creeks and Roads and both they and their Deputies shall duly and faithfully execnte their offices in pain of a 100 l. and to lose their places LXXV Such custom shall be paid for sweet Wines as hath formerly been paid for Malmseys LXXVI This Act shall not infringe the liberties granted to the Isle of Anglesey and the Counties of Flint and Carnarvan so as they pay the due Customs and Subsidies and lade and discharge within the times and hours above mentioned LXXVII Stat. 43 El. 12. The Lord Chancellor or Keeper shall award a standing Commission to be renewed yearly or as often as to him shall seem meet for the hearing and determining of all such causes arising and policies of assurances as shall be entred in the office of Assurance in London LXXVIII This Commission shall be directed to the Judge of the Admiralty the Recorder of London two Doctors of the Civil Law 2 common Lawyers and 8 grave and discreet Merchants or to any 5 of them which Commissioners or the greater part of them shall have power to hear and examine order and decree all such causes in a brief and summary course as to their discretion shall seem meet without formality of pleadings or proceedings LXXIX The Commissioners have also power to summon the parties examine witnesses upon oath and commit to prison such as contemn or disobey their orders or decrees they shall meet and sit once a week at least in the office of Assurances or some other convenient publick place for the execution of the said Commission And no fees at all shall be there exacted by any person whatsoever LXXX If any be grieved by their sentence or decree he may exhibit his bill in Chancery for the re-examination thereof so as he first satisfie the sentence so awarded or deposit with the Commissioners the summ awarded and then albeit he be imprisoned he may be inlarged and here the Lord Chancellor or Keeper hath power to reverse or affirm every such sentence or decree and in case it be affirmed to award the party assured double cost LXXXI No Commissioner shall meddle in the execution of this Commission in any cause wherein himself is party Assurer or Assured not until he hath taken his corporal oath before the Mayor and Court of Aldermen to proceed uprightly and indifferently between party and party onely the Judg of the Admiralty and Recorder are excused from such oath LXXXII Stat. 3 Jac. 6. All the Kings subjects shall have free trade into and from Spain Portugal and France notwithstanding the late grant of an Incorporation to prohibit the same or any other Act or thing whatsoever to the contrary LXXXIII Provided that this Act shall not give liberty for any person to go beyond Sea who by Law is restrained from going without licence LXXXIV Stat. 3 Jac. 9. No merchant or other shall dress or cause to be dressed in his house or by any workman being no Skinner appointed by him for that purpose any black Cony-skins of this Realm nor transport any such or pack them to be transported before they be tawed and duly wrought by such as are Artizan Skinners or Tawers under them in pain to forfeit them or the value thereof LXXXV No Merchant shall buy or contract for any Cony-skins or Lambs-skins under the number of 1000 black Cony-skins 3000 grey Cony-skins and 2000 Lambs-skins at one and the same time to be so bought and delivered intirely together and not by parcels except they be bought of the Artizan-skinners neither shall the Merchant sell them again in less parcels then as aforesaid unless to the said Artizan-skinners in pain to forfeit the same or the value thereof LXXXVI None shall retain any Servant Journey-man or Apprentice to work in the trade of a Skinner unless he himself hath served 7 years as an Apprentice in the same trade in pain to forfeit the double value of his ware so wrought LXXXVII The forfeitures aforesaid are to be divided betwixt the King and the seisor or prosecutor LXXXVIII Stat. 4 Jac. 9. The general Statute of 3 Jac. 6. neither doth nor shall dissolve or impeach the Charter of Incorporation granted by Queen El. to certain Merchants of Exeter and their successors LXXXIX Stat. 14 Car. 2. ca. 23. Upon some defects in the Statute 43 Eliz. ca. 12. recited It is enacted That the Lord Chancellor or Keeper of the Great-Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a Doctor of the Civil-Law or a Barrister at Common-law of 5 years standing to be always one to make a Court of Pollicies of Assurance and act as any 5 before might have done XC The said Commissioners or any 3 of them impowred to summon parties and witnesses and upon Contempts or delay in the witnesses upon first summons and tender of reasonable charges and in the parties upon second summons to imprison offendors or give costs every Commissioner having taken the oath before the Lord Mayor of London to proceed uprightly in execution of the said Commission XCI Commissions may issue out of the Court of Admiralty for examining witnesses beyond Sea or in remote place by direction of the said Commissioners or any 3 of them And decrees may be made against the body and goods and against the Executors c. and execution accordingly and assess costs of suit as to them shall seem just XCII Any of the Commissioners may administer an oath to any witness legally summoned so as the adverse party have timely notice to the end witnesses be truly examined XCIII Provided Execution in no case be against body and goods for the same debt XCIV Provided An Appeal may be to the Chancery as in the said former Act. Marshalsey I. Artic. super Cart. 3. 28. E. 1. The Stewards and Marshals of the Kings house shall not hold plea of freehold debt covenant or contract but only trespass done in the house or Verge or of contracts and covenants when both parties are of the house and the plea of trespass shall be determined before the Kings departure from the Verge where the trespass was committed and therefore the plea thereof shall be speedy de die in diem and if the plea cannot be determined in time the Plaintiff shall in such case have recourse to the Common Law II. The Steward shall from henceforth take no conusance of debt or other things but of the people of the same house nor shall hold plea by obligation made at the distress of the said Stewards or Marshals And if any thing be done contrary to this Act it shall be holden void III. In case of death within the Verge where the Coroner is to make view the Coroner of the County together with the Kings
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
of the party grieved the Kings Commission shall go out to enquire as well of the truth of the case and original matter as of the defaults aforesaid directed to sufficient men of the County at the discretion of the Lord Chancellor which Commissioners shall presently return into the Chancery the Enquests and matters before them found VIII Here during the Sheriffs or Under-Sheriffs remaining in his Office the Coroners shall impanell the Jury each of them having lands worth 10 l. per annum at least and upon each of which for making default the Coroners shall return Issues viz. for the first day 20 s. for the second 40 s. for the third 5 l. and for every day after double And all this the Coroner shall do in pain of 40 l. But in case the Sheriff or Under-Sheriff reputed in default be discharged of their Office the new Sheriff shall do that which the Coroners are above enjoyned to do and shall incur like penalty if they therein make default IX The Lord Chancellor upon knowledg of any such offence shall send the Kings Writ to the Justices of Peace Sheriff and Under-Sheriff of the same County to put the said Statute of 13 H 4.7 in execution upon the pain therein contained But although no such Writ be sent yet shall they not be excused of the said pain if they make no execution of the same Statute X. A Riot c. shall be repressed and enquired of at the Kings charge which the Sheriff shall disburse by Indenture betwixt the Justices of Peace and him and shall be answered him again upon his accompt in the Exchequer XI Persons guilty of heynous Riots shall suffer one whole years imprisonment without bail but petty Rioters shall be imprisoned as shall seem best to the King and his Council And greater fines shall be set upon Rioters then in time past in aid and supportation of the Justices and other Officers in that behalf XII All the Kings Liege People upon warning shall be assistant to the Justices Commissioners Sheriff and Under-Sheriff aforesaid upon pain of imprisonment and to make fine and ransome to the King XIII Bailiffs of Franchises shall cause sufficient men to be impanelled upon such Enquests if any such be found within their Liberties And the Ordinances and Pains aforesaid shall extend to Corporations and Liberties where they have Justices of Peace within themselyes XIV Stat. 2 H. 5.9 Upon a Bill of complaint for any Riot c. preferred by the party grieved to the Lord Chancellor for the time being together with a suggestion testifying the same under the seals of two Justices of Peace and the Sheriff of the County the said Lord Chancellor shall send forth a Capias returnable in the Chancery at a certain day by which if the parties offending or any of them be taken they shall be committed to ward or let to mainprise at the discretion of the said Lord Chancellor and shall be proceeded against as the Law requireth But if the Sheriff return Nonest inventus a Writ of Proclamation to be proclaimed two County-Court days shall go out returnable in the Kings Bench at a certain day before which if they render not themselves they shall be adjudged convict and attainted of the offence suggested XV. If the offence be committed within the County Palatine of Lancaster or other Franchise where there is a Chancellor and Seal The Lord Chancellor of England shall send a Writ to the said Chancellor commanding him to make such execution as in this Act is comprised ☞ XVI Stat. 8 H. 6.14 Two Justices of Peace of the Counties where Riots are supposed to be committed shall testifie that the common fame runneth in the same Counties of the same Riots before Capias shall be awarded according to the Statute of 2 H. 5.9 XVII If the offence be committed within a Liberty where there is a Chancellor and a Seal upon information of the Riot c. from a Justice of Peace and Sheriff there the said Chancellor hath power to award Writs of Capias and Proclamation as the Chancellor of England hath * XVIII Stat. 19 H. 7 13. If any Riot c. be committed the Sheriff upon a Precept directed unto him shall return 24 persons whereof every one shall have Freehold within the same County worth 20 s. per annum or Copyhold worth 26 s. 8 d. per annum or Copyhold and Freehold together worth 26 s. 8 d. per annum for to enquire of the said Riot c. And shall return issues upon every Juror making default viz. for the first day 20 s. and for the second 20 s. and all this the Sheriff shall do in pain of 20 l. XIX If the said Riot c. be found by reason of any maintenance or embracery of the said Jurors then shall the Justices and Sheriff or Under-Sheriff besides the certificate they are to make according to the Statute of 13 H. 4.7 certifie the name of such maintainers and embracers together with their misdemeanors in pain to forfeit 20 l. a piece which certificate shall have like force of proving the offence as a Verdict of 12 men And then such maintainers and embracers shall forfeit 20 l. a piece and remain in prison at the discretion of the Justices ☞ Robberies I. Stat. West 1. 9 E. 6.1 All persons shall be ready at the summons of the Sheriff and cry of the Countrey to pursue and arrest Felons in pain after attainder thereof to make Fine to the King II. If default be in the Lord of a Franchise the King shall feiz his Franchise but if in his Bailiff the Bailiff shall be imprisoned for a year and make fine to the King and if he have not whereof he shall suffer two years imprisonment III. If the Sheriff Coroner or other Bailiff for any reward fear or favour conceal consent to or procure to conceal any Felonies done within their Liberties or will not attach or arrest them where they may and be thereof attainted they shall suffer one years imprisonment and be grievously fined to the King if they have whereof but if not they shall suffer three years imprisonment IV. The Stat of Winchester Cap 1. 13 E. 1. Immediately upon Robberies and Felonies committed fresh suit shall be made from Town to Town and from Country to Country V. Cap. 2. When need requires Enquests shall be made in Towns by the Lord there and then in the Hundred after in the County and sometime in two three or four Counties when the felony is committed in the division of Counties Here if the Country will not answer the bodies of the offenders the people there shall be answerable for all the Robberies done and also for the damages So as the whole Hundred where the Robberies are done together with the Liberties therein shall be answerable for the Robberies there committed And if they be done in the division of two Hundreds both Hundreds together with their Franchises shall answer them And here
the cause shall require but if such plea or voucher be tryable in England the Justice of Wales before whom they are pleaded or made may proceed to tryal thereof in such County of Wales where they are so pleaded or made such forreign plea or voucher notwithstanding CXX All Lands Tenements and Hereditaments in VVales and in the Lordships and places annexed by the Statute of 27 H. 8.26 to the Counties of Salop Hereford Glocester or any other Shires shall be English tenure and not partable amongst heirs males according to the Custome of Gavelkind CXXI No Mortgages of lands c. made in any of the said Counties or places shall be hereafter allowed or admitted otherwise than after the course of the Common-Law and Statutes of England CXXII It shall be lawful for all persons to alien their Lands c. in VVales the County of Monmouth and other places annexed as aforesaid from them and their heirs to any person or persons in Fee-simple fee-tail for life or years according to the Laws of England notwithstanding any Welsh Law or Custome to the contrary CXXIII If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance and pay not the debt accordingly in such cases upon certificate into the Chancery of England Processes shall be made to the Sheriffs of VVales out of the said Chancery for the due levying of the said debt as is used in England Howbeit for such Recognizances as are taken in the Kings Bench or Common Pleas of England Processes shall be pursued immediately from the Justices of the said Courts as in England also is used CXXIV All such Writs Bills Plaints Pleas Process Challenges and Trials shall be used throughout all the Shires aforesaid as are used in North VVales or as shall be devised by the President Council and Justices or three of them whereof the President to be one CXXV Where there shall be some Suits in Pleas personal which cannot be well tryed before the Justices in the great Sessions for shortness of time such issues may be tryed at the petty Sessions before the Deputy-Justices as is used in the three Counties of North VVales save only for such Suits as by the discretion of the said Justices shall be necessary to be tryed before themselves Howbeit there shall be no suit taken before any of the said Justices by Bill under the sum of 20 s. CXXVI No other Liberties Franchises or Customs shall be used or claimed in any Lordship which was anciently part of Wales whosoever be owner or owners thereof but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26 and not altered by this Act notwithstanding the Stat. of 32 H. 8.20 which see in Franchises CXXVII If any murther or felony be committed in Wales the party or parties grieved shall make no agreement with the offender or with any other in his behalf unless he first acquaint the President Council or Justices therewith in pain of imprisonment and grievous fine at the discretion of the President Council and Justices or two of them whereof the President to be one the like punishment also they shall incur that labour or procure such agreement although it never take effect CXXVIII If any person or they whose estate he hath have peaceable possession of Lands in Wales by the space of 5 years without interruption or lawful claim such person shall continue the same untill they be recovered from him by law or decree of the President or Council there CXXIX If in personal actions pursued before the Justices nine of the Jury be sworn and the residue make default or be tryed out in that case the Sheriff may return other names de circumstantibus until the Jury be full as is used in North VVales and elsewhere in such cases CXXX No sale of goods or cattel stollen in Wales and sold in any Fair or Market there shall alter the propriety thereof such sale notwithstanding CXXXI No person shall buy any quick cattel in VVales out of the Fair or Market unless he can produce credible witness of the person place and time he so bought the same in pain of such punishment and fine as shall be set by the President and Council or any of the Justices in his Circuit and to answer it at his further peril CXXXII If any goods or cattel be stollen in VVales the tract shall be followed from Town to Town and Lordship to Lordship according to the Laws and Customs heretofore used in Wales upon such penalty as hath been heretofore accustomed CXXXIII Any man being a Frecholder may pass upon a Jury in all causes both criminal and civil attaint only excepted saving to every man his lawful challenge according to the Laws of England Howbeit none shall pass in attaint unless he have Freehold of 40 s. per annum CXXXIV Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places aad after such form as hath been accustomed in Wales CXXXV The Kings Subjects in VVales shall find at the Parliaments in England Knights for the Counties and Citizens and Burgesses for the Cities and Towns to be chosen by the Kings Writ according to the Statute of 27 H. 8.26 and shall also be chargeable to all Subsidies and other charges granted by the Commons of the said Parliaments and pay all other rents farms customs and duties to the King as hath been accustomed fines for redemption of Sessions only excepted which the King is pleased to remit CXXXVI Haverford-west shall find one Burgess for that Town whose charges shall be born by the Mayor Burgesses and Inhabitants of the said Town and by none other CXXXVII The King shall have all Felons goods goods of persons outlawed Waifs Estrays and all other forfeitures and escheats and shall be answered thereof by the Sheriffs saving the right of all others having lawful title thereto CXXXVIII Errours and Judgments before any of the Justices in their great Sessions in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England returnable before the Justices of the Common Pleas as other Writs of Errour be in England but Errors in Pleas personal shall be reformed by Bill before the President and Council and if the Judgment be affirmed good in any of the said Writs or Bills then there to make execution and all other process thereupon as is used in the Kings Bench of England and that the Plaintiff in every such Writ or Bill pay for the same like Fees as is used in England CXXXIX No execution of any Judgment given in any base Court shall be stayed by reason of any Writ of false Judgment but execution may be had at all times before the reversal of such Judgment and if such Judgment shall after be reversed the Plaintiff shall be restored to what he hath lost by such Judgment CXL All process for urgent and weighty causes shall be