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 â 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 â 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
Proclamation published by the King concerning the payment of Customes for strangers to indure for certain years XXXIX Lords of the Parliament may keep six strangers born at one time XL. No stranger except Denizons shall take a Lease of any house or shop in pain to forfeit 5 l. and none shall let them such Leases upon the like pain both of them to be divided betwixt the King and the Prosecutor Amendments I. Stat. 14 E. 3.6 Stat. 1. A process which is defective by Misprision of a Clerk in one syllable or letter too much or too little shall be amended without giving advantage to the party challenging the same II. Stat. 9 H. 5.4 The Justices before whom such default shall be found in any Record or Process may amend the same as well after Judgment as before so long as such Record or Process shall continue before them III. Stat. 4 H. 6.3 The Statute of 9 H. 5.4 is made perpetual provided it shall not extend to Records or Process in Wales or whereby any person is outlawed IV. Stat. 8 H. 6.12 No Judgment or Record shall be reversed or annulled for Error assigned by reason of the rasing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Subtraction or Diminution of Words Letters Titles or parcel of Letters found in the same V. The Judges may reform all defects in any Record Process Ward Plea Warrant Writ Pannel or Return except Appeals Indictments of Treason or Felony and the Outlawries of the same and the substance of the proper names surnames and additions left out in original Writs Exigents and in other Writs of Proclamation contrary to the Statute of 1 H. 5.5 which see in Addition so that by such misprision of the Clerk no Judgment shall be reversed or annulled VI. Variance alledged between a Record and the Certificate thereof shall be amended by the Judges VII Imbezilling of a Record is felony VIII If a record process writ warrant pannel return or any parcel thereof be exemplified under the Great Seal and inrolled for any error assigned in the said Record c. in any letter word clause or matter varying or contrary to the exemplification and inrolment there shall be no judgment reversed or annulled IX Stat. 8 H. 6.15 The Justices may amend the misprisision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any record or process or the return of the same by reason of writing one letter or one syllable too much or too little except in records and processes within Wales and of felonies and treasons and the dependants of the same Amerciaments I. Magna Charta cap. 14. 9 H. 3. A free-man shall not be amercied for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his Contentment or Countenance and a Merchant saving his merchandize and any Villain except the King's shall be amercied saving his wainage and such amerciaments shall be assessed by lawful men of the Vicinage Peers also shall be amercied by Peers according to their offence Also Church-men shall be amercied according to their Lay-tenement and the quantity of their offence and not according to their Spiritual Benefice II. Marlb cap. 18. 52 H. 3. No Escheator Commissioner or Justice assigned to take Assizes or to hear or determine matters shall have power to amerce for default of common Summons but the chief Justices or the Justices in Eyre in their Circuit III. West 1. cap. 6. No City Borough Town or man shall be amercied without reasonable cause and according to the trespass viz. every Free-man saving his Free-hold a Merchant saving his merchandize a Villain saving his Gainure and that by his or their Peers Anniversary Fast I. Stat. 12 Car. 2. ca. 30. Every 30th day of January unless it falls upon the Lord's day throughout his Majestie 's dominions shall be kept and observed as an anniversary day of Fasting and Humiliation for the horrid Murther of King Charles the First committed by a party of desperately wretched and wicked men to the shame and reproach of the people of England and Protestant Religion and to implore God's mercy that the said sacred and innocent bloud nor those other sins which provoked God to deliver up the said King into the hands of wicked and unreasonable men may not hereafter be visited upon the people of England or their Posterity Annuary Thanksgiving I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgiving to be celebrated on the 29th day of May for the wonderful power and goodness of God in restauration of the King by the unanimous and cordial affection of the Lords and Commons in Parliament and people in general upon which day all persons are to resort to some Church Chappel or publick place of Thanksgiving this Act to be then read and notice to be given the next Lord's day before Apparance I. Stat. 10 H. 6.4 No Filizer Exigenter or other Officer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Council make oath that he is the same person in whose name that suit is prosecuted This Act to continue to the next Parliament II. Stat. 18 H. 6.9 The Stat. of 10 H. 6.4 is made perpetual III. No officer contained in the Statute of 10 H. 6.4 shall doe to the contrary thereof in pain to forfeit 40 s. to the King for every time that he shall be attainted thereof by due examination of any of the Justices before whom the Entry or Record is IV. Every Attorny who hath not his Warrant entred upon Record in all suits wherein process of Capias and Exigent are awardable the same Term in which the Exigent is awarded or before and is thereof attainted by like examination for every time he so offendeth shall incur the pain aforesaid Appeals I. Magna Charta cap. 34. 9 H. 3. No man shall be taken or imprisoned upon the appeal of a woman for the death of any other then her husband II. West 1. c. 14. 3 E. 1. The accessary in an appeal shall not be outlawed before the Principal be attainted Howbeit none shall intermit to commence their appeal at the next County as well against the accessary as against the principal but the Exigent against those shall remain until those be attainted by Outlawry or otherwise III. Stat. Gloc. c. 14. 9 E. 1. If the Appealor declare the deed the year the day the hour the time of the King and the town where the fact was done and with what weapon the appeal shall stand and shall not be abated for default of fresh suit so that he sue within
II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority and that the same having made several alterations prejudicial to the ancient rights of Parliament and contrary to the laws of the land and by experience is found inconvenient doth repeal and adnull the said recited Act to all intents and purposes whatsoever III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops Bishops or persons therein named but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same IV. Proviso and enacted that it shall not be lawfull for any Arch-Bishop Bishop Chancellor or other Ecclesiastical Judge Officer or person having or exercising spiritual or Ecclesiastical jurisdiction to tender or administer unto any person whatsoever the oath Ex officio or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess or accuse or purge him or her self of any criminal matter or thing whereby he or she may be liable to censure or punishment V. Proviso Not to give any other jurisdiction to any Arch-Bishops c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament or established by the Laws as they stood in the year 1639. â Cross-bows and Hand-guns * I. Stat. 33 H. 8.6 None shall shoot in or keep in his house any Cross-bow Hand-gun Hagbut or Demihake unless his lands be of the value of 100 l. per annum in pain to forfeit 10 l. for every such offence II. None shall shoot in or have any Hand-gun under the length of one yard nor Hagbut or Demihake under the length of three quarters of a yard in pain to forfeit 10 l. And it shall be lawfull for any man having lands of 100 l. per annum to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute but then he ought to break them within 20 days after in pain of 40 s. III. None shall travell with a Cross-bow bent or Gun charged except in time of war or shoot within a quarter of a mile of a City Borough or Market-Town except for the defence of himself or his house or at a dead mark in pain of 10 l. IV. None shall command his servant to shoot in any Gun or Cross-bow except at a dead mark or in time of war in pain of 10 l. V. The penalties abovesaid shall be divided betwixt the King and the prosecutor VI. Howbeit the followers of Lords Spiritual or Temporal Knights Esquires Gentlemen and the inhabitants of Cities Burroughs or Market-towns may keep in their houses and use to shoot but at a dead mark onely with Guns not under the lengths abovesaid so may the Owner of a Ship for the defence of his Ship and also he that dwells two furlongs distant from a Town or within five miles of the Sea-coast and this last may shoot at any wilde beast or fowl save onely Deer Heron Shovelard Fesant Partridge wild Swan or wilde Elke VII Those which have power from the King to take away Guns and Cross-bows in Forests Parks and Chases may retain the same notwithstanding this Act so likewise may Smiths and Merchants that make or sell them the several lengths abovesaid being duly observed â VIII It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace who upon due examination and proof shall have power to commit him to prison there to remain till he hath satisfied the penalty which in this case shall be divided betwixt the King and the party that so takes the offender IX Every Placart granted by the King which expresseth not at what beasts or fowl the Grantee shall shoot and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other shall be adjudged void X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences XI When the conviction is in Sessions the whole forfeiture is to be levied to the King's use when in a Leet the one half is the King 's and the other half ought to be divided betwixt the Lord and the prosecutor XII Here if a Jury shall willingly conceal any thing the Justices or Steward have power to impannel another Jury by whom if the first Jury be found guilty of concealment they shall forfeit 20 s. a piece viz. to the King if it be in Sessions but if in a Leet then the one half to the Lord and the other half to the prosecutor XIII Forfeitures arising by this Act shall be sued for viz. by the King within one year and by a common person within six months otherwise they shall be lost XIV A servant upon command may use his Master's Cross-bow or Gun not prohibited by this Act so as he shoot at no fowl Deer or other game and may also by a license in writing carry it to any place to be mended * â XV. Stat. 2. 3. E. 6.14 None under the degree of a Baron shall shoot in any Hand-gun within any City or Town at any fowl whatsoever or with any hail-shot in pain of 10 l. and 3 months imprisonment XVI This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6 so that they forbear to use any hail-shot and all other that presume to shoot shall present their own names viz. in a Corporation to the Mayor or Head-officer and in the County to the next Justice of Peace in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor Crosses I. West 2.33 13 E. 1. Lands where Crosses be set with purpose that the tenants thereof should defend themselves against the chief Lord or Lords by the Privileges of Templars and Hospitallers shall be forfeited as lands aliened in Mortmain â Crown I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France II. Stat. 7 H. 4.2 The Crown of England and France were intailed to the King and his four sons by name III. Stat. 35 H. 8.1 The Crown of England is intailed to the King's daughter the Lady Mary the remainder to the Lady Elizabeth the
costs and damages for delaying of execution by the writ of errour VIII Stat. 21 Jac. 24. The party or parties at whose suit any person shall stand charged in execution for debt or damages recovered their executors or administrators may after the death of the person so charged in execution lawfully sue forth new execution against the lands and tenements goods and chattels of the person so deceased in like manner as if the person deceased had never been taken in execution Howbeit this Act shall not extend to lands sold bonâ fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts IX For further remedy against the inconvenience of staying Execution after judgment in part provided against by the Stat. 3 Jac. cap. 8. no Execution shall be stayed in any of the said Courts by writ of Errour or Supersedeas after Verdict and Judgment in action of debt upon the Stat. 2 E. 6. for tithes promise for payment of money Trover Covent Detinue or Trespass unless such recognisance in the same Court be first entred as directed by the said Statute And if Judgment be affirmed the party presenting such writ or error shall pay double cost for such delay X. Proviso this Act not to extend to any popular action except Stat. 2 E. 6. for tithes nor to any Indictment Information Inquisition or Appeal XI Stat. 16. 17 Car. 2. cap. 8. After a Verdict of 12 men in any action suit bill or demand comenced after the 25 of March 1665 in any the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durram or Courts of the Great Session or in any of the 12 Shires of Wales Judgment thereupon shall not be stayed or reversed for default in form or lack of form or lack of pledges or but one pledge to prosecute returned upon the original writ or for default of entring of pledges upon any Bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by the reason of the omission of 6 c. armis or Contra pacem or for mistaking of the Christian-name or Sur-name of the Plaintiff or Defendant Demandant or Tenant summe or summes of money day moneth or year by the Clerk in any Bill Declaration or Pleading where the right name Sur-name summe day moneth or year in any Writ Plaint Roll or Record proceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the Plaintiff might have demurred and shewn the same for cause Nor for want of the averment of Hoc paratus est verificare or Hoc paratus est verificare per Recordum or for not alledging Prout patet per Recordum or for that there is no right venue so as the cause were tried by a Jury of the proper County or place where the action is laid XII Nor any Judgment after verdict confession by cognovit actionem or relicta verificatione shall be reversed for want of Miserecordia or Capiatur or by reason that a Capiatur is entred for a Miserecordia or a Miserecordia for a Capiatur Nor that Ideo concessum est per Curiam is entred for Ideo confideratum est per Curiam nor for that encrease of costs after a verdit in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any whatsoever are not entred to be by consent of the Plaintiff But that all such omissons variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or tryall are altered shall be amended by the Justices and other Judges of the Courts where such Judgments are or shall be give or whereupon the Record is or shall be removed by writ of Errour Provided this Act extend not to any Writ Declaration or suit of Appeal of Felony or Murther nor any indictment or presentment Felony Murther Treason or other matter nor to any process upon any of them nor to any Writ Bill Action or information upon any penal Statute other then concerning Customes and Subsedies of Tunnage and Poundage XIII And after the 20 of March 1664. No Execution shall be stayed in any of the aforesaid Courts by writ of Errour or Supersedeas thereupon after verdict and judgment in any action personal whatsoever unless a recognizance with condition according to the former Statute made 3 Jacob. cap. 8. shall be first acknowledged in the Court where such judgment shall be given XIV In writs of Errour to be brought upon any judgment after verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the Plaintiff in such writ or Errour shall be bound unto the Plaintiff in such writ of Dower of Ejectione firmae in such reasonable summe as the Court to which such writ of Errour shall be directed shall think fit with condition that if the judgment shall be affirmed in the said writ of Errour or the writ of Errour discontinued in the default of Plaintiff therein or that the said Plaintiff be nonsuit in such writ of Errour that then the Plaintiff shall pay such costs damages and summes of money as shall be awarded after such judgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any waste committed after the first judgment in Dower or Ejectione firmae And upon return thereof Judgment shall be given and Execution awarded for such mean profits and damages and for costs of suit Provided this Act extend not to any writ of error to be brought by any Executor or Administrator nor any action popular nor to any other action which is or shall be brought upon any penal Law or Statute except actions of debt for not setting forth of tithes nor to any Indictment Presentment Inquisition Information or Appeal This Act to continue in force for 3 years and to the end of the next Session of Parliament after the said 3 years and no longer Execution of Statutes I. Stat. 3 H. 7.1 The Lord Chancellor Treasurer and Privy Seal or any two of them calling to them a Bishop a Lord of the Council and the two chief Justices or two other Justices in their absence upon bill of information put to the Chancellor for the King or any other for maintenance retainers embraceries untrue demeanings of Sheriffs taking of money by Juries great Riots or unlawful assemblies have authority to call before them by writ or privy Seal
De Tallagio non concedendo Tempore E. 1. cap. 4. All persons shall have their laws liberties and free customs as largely as they have used to have them when they had them best And if any Statutes or Customs have been made or brought in by us or our Predecessors or if any article contained in this Charter be found contrary thereunto they shall be void VIII Stat. 1 E. 3. Stat. 2.4 All Cities Burroughs and franchised Towns shall injoy all their franchises customs and usages as they ought and were wont to do IX Stat. 14 E. 3. Stat. 1. cap. 1. Holy Church shall have her liberties in quietness The great Charter and that of the Forest shall be holden in all points and the City of London and all other Cities and Burroughs shall injoy all their Franchises and Customs which they have reasonably had and used in times past X. Stat. 25 E. 3. Stat. 3.1 All priviledges and franchises heretofore granted to the Clergy are confirmed and shall be holden in all points XI Stat. 6 R. 2. Stat. 1.1 The Church of England shall have all her liberties whole and unhurt and the same shall fully injoy and use XII Stat. 7 R. 2.1 Holy Church shall injoy all their liberties and franchises as she had them in the time of the King's Progenitors The like is granted in 2 R. 2.1 3 R. 2.1 5 R. 2.2.1 12 R. 2.1 1 H. 4.1 XIII Stat. 2 H. 4.1 The Church shall have her rights and liberties All Lords spiritual and temporal Cities Burroughs and Towns enfranchised shall injoy their liberties and franchises which they have lawfully used or have had by the grant of the King's predecessors Kings of England Vide 9 H. 4.1 13 H. 4.1 3 H. 5.1 and 2 H. 6.1 which are in effect the same save that they except such Franchises as are repealed or repealable by the Common-Law XIV Stat. 27 H. 8.24 None but the King shall have power to pardon treason or felony or such as are accessary to or outlawed for the same notwithstanding any Grant Usage Prescription Act or other thing to the contrary XV. None shall make Justices in Eyre of Assize Peace or Gaol-delivery but only the King and that by his Letters patents under the great Seal and notwithstanding any grant c. XVI All Writs Indictments and Processes in every County Palatine or other liberty shall be made in the King's name Teste the owner of such County Palatine or liberty and here in every such writ and indictment of any offence against the Peace it shall be supposed to be done against the King's Peace and not against the peace of any other person notwithstanding any Grant c. XVII Provided that Justices of Assize Gaol-delivery and Peace in the County Palatine of Lancaster shall be so made under the King 's usual seal of Lancaster notwithstanding any Act. XVIII Provided also that Corporations which have power to have Justices of Peace and Gaol-delivery may have them still notwithstanding this Act. XIX Stewards Bailiffs and other Ministers of Liberties shall attend the Justices of Assize Gaol-delivery and Peace and make due execution of Processes to them directed within their liberties and the Bailiffs there or their Deputies shall also attend and assist the Sheriff at the Gaol-delivery for execution of prisoners XX. Provided that the last clause shall not be prejudicial to any Stewards or Bailiffs of Corporations which are not compellable to attend or appear out of their Corporations XXI The King shall have the fines issues amerciaments and forfeitures which shall be set upon or lost by Stewards Bailiffs or other Ministers of Liberties notwithstanding any grant c. And amerciament for insufficient returns made by such Stewards or Bailiffs shall be set upon their heads and not upon the Sheriffs XXII Purveyors may take provision within liberties notwithstanding any grant c. Provided such purveyors observe the Statutes made for them in that behalf XXIII The King's officers may keep their Courts within the Verge and his Clerk of the Market onely shall execute his Office there notwithstanding any Liberty but London XXIV All Statutes made against Sheriffs Under-Sheriffs Bailiffs or other Ministers for any misdemeanour concerning their Offices shall extend to Stewards Bailiffs and other Ministers of Liberties XXV Stewards and Bailiffs of Liberties and their Deputies and Clerks may execute their office above a year notwithstanding this last clause XXVI All such Justices to be made as is aforesaid rehearsed in this Act shall have power to hold their Sessions of Peace and to deliver the Gaols within their liberties and to execute all other things within the same in as ample manner as other Justices of Peace and Gaol-delivery do in any Shire notwithstanding any Act Grant c. XXVII The new Justices now to be made by the King within Liberties shall sit where such Justices have commonly used to sit before and none within the said Liberties shall be compellable to appear before any other Justices of the same Liberties XXVIII Sir Thomas Englefield now Justice of Chester annd Flint shall not be prejudiced by this Act. XXIX This Act shall not be prejudicial to Corporations but they shall injoy such liberties fines issues amerciaments and forfeitures as they did before the making thereof XXX The Bishop of Ely and his Steward for the time being shall be Justice of Peace within the same Isle notwithstanding this Act so also shall the Bishop of Durrham and his Chanceller in that County Palatine and the Bishop of York and his Chancellor of Hexam within that Precinct XXXI Stat. 32 H. 8.20 The same franchises that the late owners of Religious houses had within three moneths before their dissolutions shall be revived and be actually in the King and in the survey of the Court of Augmentations and the Stewards Bailiffs and Ministers thereof shall account there as other Officers accountants of the King in that Court have done XXXII The Franchises of the late Religious houses which have come to the King's hands by attainder shall be in the order of the Court of general Surveyors and the Stewards Bailiffs and other Ministers thereof shall account there as other officers accountants of the King in that Court have done XXXIII The said Stewards and other Officers shall be attendant and obedient in all other the King's Courts as the officers of the said late owners were and no Sheriff or other forein officers shall intromit into their Liberties in any other manner then they lawfully might have done before the said Franchises came into the King's possession XXXIV Every person may use all such liberties as he hath by the King's grant or otherwise notwithstanding this Act also the offices fees annuities and profits of all persons out of any of the lands of the said Religious houses are saved XXXV Fines may be levied in the Court of Augmentations of lands within that Survey to the King's use without fee and the Justices of the Common Pleas
they be that choose them Also Citizens and Burgesses shall be resiant in and free of the Cities and Boroughs for which they are chosen XI Stat. 6 H. 6.1 Knights of the Shires and Sheriffs against whom any Inquest of Office for undue Elections are found before the Justices of Assize shall have their answer and traverse thereunto and shall not be damnified thereby until they be duly convict thereof according to Law XII Stat. 8 R. 6.1 The Clergy called to the Convocation by the Kings Writ together with their Servants and Familiars shall fully use and enjoy such liberty or defence in coming tarrying and returning as the great men and Communalty of the Realm called to Parliament do or ought to enjoy XIII Stat. 8. H. 6.7 The election of Knights of the Shire shall be made by the more voices of people dwelling in the Counties having each of them Land or Tenements of the yearly value of 40 s. besides Reprises also the Knights so chosen shall be resiant within the same Counties XIV The Sheriff hath power to examine upon Oath the choosers how much they may expend by the year XV. If the Sheriff be found by Inquest and also attainted before Justices of Assize to have done contrary to this Act he shall forfeit 100 l. to the King and suffer a years imprisonment without Bail and in that case the Knights so returned shall lose their wages XVI He that cannot expend 40 s. per annum shall have no voice in the election of Knights for the Parliament and hereafter in every Writ issued out for that purpose mention shall be made of this Ordinance XVII Stat. 10 H. 6.2 A chooser of the Knights of Parliament must be resident and have free-hold worth 40 s. per annum besides Reprises within the same County XVIII Stat. 23 H. 6.11 The Sheriff in the next County Court after he shall have received the Writ for assessing the wages of the Knights of Parliament shall make Proclamation that the Coroners chief Constables Bailiffs and all others that will appear at the next County Court to assess the same wages at which last County the Sheriff and the other Officers shall be present in proper person in pain that every one that makes default shall forfeit 40 s. and then the Sheriff shall in full County assess every Hundred by it self and every Town in each Hundred by it self so as the sum assessed upon all the Hundreds exceeds not the entire charge of the County nor that assessed upon all the Towns in each Hundred exceeds not the sum charged upon the Hundred in which they be XIX The Sheriff or other Officer which levies more then is so assessed shall forfeit 20 l. to the King and 10 l. to the Prosecutor for the recovery of which 10 l. the said prosecutor shall have a Scire faciaâ and if the Defendant make default or appear and is afterward convict he shall recover the said 10 l. to his own use over and above the said 20 l. and besides treble damages for his costs of suit XX. The Sheriff shall levy the said Assesments as speedily as may be after they are so assessed and shall deliver them to the Knights XXI Justices of both Benches Justices of Assize Goal-delivery and Peace have power to hear and determine these abuses as well at the suit of the King as of the party XXII This Assessment shall not be levied but only in places where it hath been formerly levied and hereafter in every Writ for the levying of such wages this Act shall be inserted XXIII Stat. 23 H. 6.15 The Statutes of 1 H. 5.1 and 8 H. 6.7 shall be kept in all points XXIV The Sheriff after the receipt of the Writ shall deliver a precept under his Seal to every Mayor and Bailiff or Bailiffs or Bailiff where no Mayor is of the Cities and Burroughs within his County reciting the Writ and commanding them if it be a City to choose by Citizens of the same City Citizens and if a Burrough Burgesses to come to the Parliament And such head-Officers shall lawfully return such precept to the same Sheriff by Indenture betwixt them of such Elections and of the names of the Citizens and Burgesses so chosen and thereupon the Sheriff shall make a good return of every such Writ and also of every such return made by the said Head-Officers XXV If the Sheriff aforesaid do contrary to this Act or any other formerly made for the election of Knights Citizens and Burgesses the Sheriff shall incur the pain contained in the said Stat. of 8. H. 6.7 and besides shall forfeit to the person so chosen and not duly returned 100 l. more to be recovered by action of debt by the said person so chosen against the said Sheriff his Executors and Administrators or in his default by any other prosecutor in which Action no Essoin c. shall be allowed And if such Head-Officers shall make a false return they shall forfeit 40 l. to the King and 40 l. more to the person so chosen and not returned to be recovered by such person or other prosecutor in manner aforesaid XXVI The Sheriff that maketh not due election of Knights betwixt the hours of 8 and 11 in the forenoon and a good true return in manner aforesaid shall incur the pain of 100 l. to the King and as much to any that will sue for the same XXVII The party grieved shall commence his Action within three moneths after the beginning of the Parliament and in his default the prosecutor may then take it XXVIII If any Knight Citizens or Burgess returned by the Sheriff be put out and another put in his place the person so put in if he take the place upon him shall forfeit 100 l. to the King and as much to the person so put out who shall have an Action of debt for the same if he commence his Suit within three months after the beginning of the Parliament XXIX The Knights of the Shires shall be notable knights of the same County for which they are choser or else notable Esquires or Gentlemen born in the same Counties and such as are able to be knights but none shall be such a knight which standeth in the degree of a Yeoman or under XXX Stat. 6 H. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-ports shall depart from the Parliament without the licence of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book in pain to lose their wages XXXI Stat. 33 H. 8.21 The Kings Royal assent by his Letters Pattents under the Great Seal and signed by his hand and notified in his absence to the Lords and Commons assembled in the Upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto XXXII Stat. 35 H. 8.11 Whereas Knights and Burgesses of Parliament in England and Wales have used to
have allowed them viz. the Knights 4 s. and the Burgesses 2 s. a day or more during the Parliament and their reasonable time of comming to and returning from the Parliament together with their costs of Writs and other ordinary fees and charges by this Statute it is ordained that the Sheriffs of all the 12 Shires in Wales and the County of Monmouth shall have power to levy the said fees of the Inhabitants of those Shires and Counties and shall pay them to the Knights within two Moneths after the said Knights shall have delivered unto them their Writs de solutione feodi Militis Parliamenti in pain to forfeit 20 l. to be recovered by bill plaint c. and to be divided betwixt the King and the prosecutor and for every month that such default is made after the said two moneths 20 l. more to be levied as aforesaid The Head-officers also of the Cities and Burroughs in the said twelve Shires and County shall levy and pay their Burgesses wages and fees within the like time after the writs De solutione feodi Burgens Parliam delivered unto them upon the like pains to be levied of the goods and chattels of such Head-officers XXXIII The Inhabitants of the Cities and Boroughs in the said Shires and County which having no Burgesses of their own use to contribute towards the wages of the Burgesses of the Shire-Towns shall have warning by Proclamation or otherwise from the Head-officers of the said Towns to come and give their voices at the electing of the Burgesses of such Shire-Towns XXXIV Two Justices of Peace in each of the said Shires and County have power to tax every City and Burrough in the several Counties where they inhabit respectively towards the wages of the Burgesses within the Shire-Towns which taxes shall be again rated upon the Inhabitants of each such City and Burrough by four or six discreet and substantial Burgesses there and then levied and paid by the Head-officers unto the Burgesses of Parliament for the said Shire-Towns in manner and form aforesaid and upon the like pains XXXV Stat. 12 Car. 2. cap. 1. The Parliament begun the 3. of Nov. 16 Car. 1. declared to be dissolved And the Lords and Commons now sitting declared to be the two houses of Parliament XXXVI The Parliament begun at Westm 3. of Nov. 1640. declared to be Dissolved and that there is nor can be any legislative power in either or both Houses of Parliament without the King XXXVII Tumultuous and disorderly preparing Petitions Remonstrances to the King and Houses of Parliament having been a great occasion of the late Wars and calamities It is Enacted That no person hereafter shall sollicite or procure any Petition complaint Remonstrance Declaration or other address to the King or both or either Houses of Parliament for altering of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at the publick Assizes or general Quarter-Sessions Or if in London by the Lord Mayor Aldermen and Commons in Councel Assembled XXXVIII Provided this Act be not intended to hinder any persons not exceeding 10 in number to present any publick or private grievance or complaint to any Members after election and during continuance of the Parliament or to the King for remedy therein nor to any address to the King by all or any the Members of Parliament during their sitting XXXIX Stat. 16 Car. 2. cap. 1. The Act in 16 Car. 1. Entituled An Act for preventing of Inconveniencies hapning by long intermissions of Parliament Being in derogation of his Majesties just Rights and Prerogative inherent to the Crown for calling and assembling Parliaments Repealed And declared That Parliaments shall not be intermitted or discontinued above three years at the most and to be assembled and called oftner if need require Parson Vicar and Parsonage I. Stat. 14 E. 3. Stat. 1.17 Parsons Vicars Wardens of Chappels and Provost-Wardens and Priests of perpetual Chanteries shall have their Writs of Juris utrum of lands and tenements rents and possessions annexed and given perpetually in Almes to Vicarages Chappels or Chanteries and recover by other Writs in their case as far forth as Parsons of Churches and Prebends Partitions and Parceners I. Statutum Hiverniae 14 H. 3. If land descend to several Coparceners they shall all hold of the chief Lord of the Fee and not one of another This is the usage in England and shall also be observed in Ireland II. Prerog Reg. 5.17 E. 2. If one inheritance that is holden of theâing in chief descend to many Parceners all the heirs shall do homage to the King and that Inheritance shall be divided amongst those Heirs so that every of them after shall hold their part of the King III. Stat. 31. H. 8.1 Joynt-tenants and tenants in common of any inheritance in their own right or in the right of their wives in any Mannors Lands Tenements or Hereditaments may be compelled to make Partition by Writ De partitione sacienda as Coparceners are compellable to do and this Writ shall be pursued at the common Law IV. Provided that after such Partition made they shall have aid one of another and of their heirs to deraign warranty and to recover for the rate as Coparceners use to have V. Stat. 32. H. 8.32 Joynt-tenants and Tenants in common that have inheritance or free-hold in any Mannors Lands Tenements or Hereditaments shall also be compellable to make partition by the said Writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their Executors and Assigns Passage and Arrivage I. Stat. 8. H. 6.27 Any of the inhabitants of Tewksbury in Com. Gloucestr may have an action of debt according to the Stat. of Winchester to recover against the communalty of the Forest of Dean and Hundred of Bledislow and Westbury though no Communalty recompence for robberies and wrongs done them upon Severn Also the goods of any private person may be taken upon an Execution awarded against the Communalty Any person may arrest and imprison the offenders and he whose goods are taken in execution may have an action of trespass or debt against the offender II. Stat. 9 H. 6.5 All persons shall have free passage in Severn with Flotes and Drags and all other Merchandize goods and chattels and if any be disturbed he shall have his remedy by action at the common Law III. Stat. 19. H. 7.18 Another stricter Statute for the free passage of Severn See the Statute at large IV. Stat. 23 H. 8.12 None shall interrupt the passage upon the banks of Severn or take or ask any tax or toll for the same in pain of 40 s. to be divided betwixt the King and the party grieved V. Stat. 26 H. 8.5 Justices
be personally resident and abiding upon his said Dignity Prebend or Benefice or at one of them at least in pain to forfeit for not being so resident by the space of a month together or of two months to be accounted at several times in any one year the sum of 10 l. to be divided betwixt the King and the Prosecutor XVIII None shall obtain from Rome or elswhere any license or dispensation to be non-resident in pain of 20 l. to be forfeited as aforesaid XIX Howbeit this Act shall not extend to any Spiritual person being in the Kings service beyond Sea or upon a pilgrimage beyond Sea during the time that he shall be so in the Kings service or upon the said Pilgrimage nor to any Schollar abiding for study without fraud at any University within this Realm nor to any of the King or Queens Chaplains in Ordinary neither yet to any of the other abovesaid Chaplains which shall daily attend in their Lords or Masters housholds so long as they so attend without fraud nor to the Master of the Rolls Dean of the Arches the Chancellor or Commissary of any Arch-bishop or Bishop the twelve Masters of the Chancery or the twelve Advocates of the Arches being Clergy men so long as they execute their Offices or places nor to any Spiritual person compelled by the injunction of Lord Chancellor or the Kings Council to daily appearance to answer the Law so long as he shall be so enjoyned XX. Also a Spiritual person being the Kings Chaplain may accept of the Kings gift any Benefices to what number soever without the incurring the penalty of this Act and the King may also license his Chaplains for non-residence upon their Benefices notwithstanding this Act. XXI No Spiritual person shall take in farm any Parsonage or Vicarage in pain to forfeit 40 s. for every week that he or any other for his use so occupies the same and also ten times the value of the profit or rent that he makes thereof both which forfeitures are to be divided betwixt the King and the Prosecutor XXII Provided that no Deanary Archdeaconry Chancellorship Treasurership Chantership or Prebend in any Cathedral or Collegiat Church nor Parsonage that hath a Vicar indowed nor any Benefice perpetually appropriate shall be taken to be a Benefice with Cure of Souls XXIII No spiritual person or any other for his use shall keep any Tan-house or Brew-house in pain to forfeit for every month so using the same 10 l. to be divided as aforesaid Howbeit he may here have a Brewhouse for his own private use XXIV Every Dutchess Marquess Countess or Baroness Widows shall retain their priviledges concerning Chaplains notwithstanding their intermarriages with other persons of a lower degree XXV All Spiritual persons having possessions in right of their houses above the value of 800 marks may keep so much thereof as shall be necessary for the maintenance of their housholds notwithstanding this Act Or may take a dwelling-house with Orchards and Gardens for their dwelling so as by colour thereof they take not liberty to be non-resident XXVI Stat. 25. H 8.16 Every Judg of the Kings Bench and Common Pleas the Chancellor and Chief Baron of the Exchequer and the Kings Attorney and Sollicitor General may each of them have one Chaplain to be attendant to his person having one Benefice with Cure who may be non-resident upon the same XXVII Stat. 28 H. 8.13 Every Spiritual person above the age of fourty years being Beneficed the Chancellor Vice-Chancellor Commissary Rulers of Colledges or Halls Doctors of the Chair and Readers of Divinity in either of the Universities only excepted shall be resident upon one of their Benefices according to the Statute of 21 H. 8.13 upon the pain therein provided for non-residence XXVIII Also every Beneficed person under the age of fourty years abiding in either of the Universities shall not enjoy the priviledg of non-residence provided by the said Statute of 21 H. 8. unless he be present at ordinary Lectures both in the House and Schools and in proper person perform his exercises according to the Statutes of the University where he so abides XXIX This Statute shall not extend to any Reader of any publick Lecture in Divinity Law Civil Physick Philosophy Humanity or any of the liberal Sciences nor to Interpreters or Teachers of the Hebrew Chaldee or Greek Tongues in either of the Universities nor yet to any person who shall repair thither to proceed Doctor in Divinity Law or Physick for the time of their proceedings there according to the Statutes of the said Universities XXX Stat. 33 H. 8.28 The Chancellors of the Courts of the Dutchy of Lancaster Augmentations and First-fruits the Master of the Wards every of the Kings Surveyors General the Treasurers of the Kings Chamber and the said Court of Augmentations and the Groom of the Kings stool may each of them retain one Chaplain to be attendant to his person having one Benefice with cure who may be non-resident upon the same Howbeit every such Chaplain shall at least twice every year repair to his Benefice and abide there eight dayes at every such time to visit and instruct his Cure in pain to forfeit every time so failing 40 s. to be divided betwixt the King and the Prosecutor Restitution I. Stat. 21 H. 8.11 Where a Felon robbeth or taketh away the money or goods of any and is thereof found guilty or otherwise attainted by the evidence given by the party himself or others by his procurement in this case the Justices of Goal-delivery or other Justices before whom he is so found guilty or attainted have power to award a Writ of Restitution for the money or goods so robbed or taken in like manner as if the Felon were attainted at the suit of the party in appeal Return of Sheriffs and Bailiffs I. West 2.39 13 E. 1. Such as do fear the ill execution of Writs by the Sheriff shall deliver their Writs unto him in opââ County or in the rere-County and shall take of him or his under-Sheriff a Bill containing the names of the demandants and tenants mentioned in the Writ and require the Sheriff or under-Sheriff to put the seal thereunto and mention shall be therein also made of the day of the deliverance thereof and if the Sheriff or under-Sheriff refuse to do it the testimony of Knights and other credible persons there present do put their seals to such Bill shall be taken II. If the Sheriff will not return Writs delivered unto him upon complaint thereof to the Justices a judicial Writ shall issue to the Justices of Assize to inquire by such as were so present whether they knew of the deliverance thereof and an Enquest shall be thereupon returned and if it be found by them that the writ was delivered damages shall be awarded to the Plaintiff or Demandant having respect to the quality and quantity of the Action and the peril he might incur by reason of such delay And
be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County who shall account before such Auditors as shall be thereto assigned which Auditors shall make due allowance unto the Sheriffs upon their accompts for the fees of the Justices and Clerks of the Peace as is used in England CI. The President Council and Justices of Wales or three of them at least whereof the President to be one shall yearly nominate three able persons in every of the said twelve Shires to be Sheriffs thereof and shall certify their names to the Lords of the Privy Council Crast Animarum to the end the King may appoint one of them in every of the said Shires to be Sheriff for that year like as is used in England And thereupon the said Sheriff shall have their Pattents under the Great Seal of England and shall make oath and acknowledg recognizances before the President and Justices or one of them by a Dedimus for the due execution of their Offices and for their just accompt before the Kings Auditors assigned for Wales CII The said Sheriffs have power to use their Offices as Sheriffs of England do shall be observant to all lawful commands and Precepts of the President Council Justices of Wales Justices of Peace Escheators and Coroners and every of them in all things appertaining to their Offices shall yearly accompt to the Auditor or Auditors assigned by the King for VVales and shall each of them have yearly for his fee 5 l. CIII All Officers and other persons in VVales shall be obedient attendant and assisting to the President Council and Justices of Wales and shall obey the Kings commands and process from any of them directed and all lawfull and reasonable precepts of them and every of them and also shall be obedient to all Justices of Peace Sheriffs and Escheators within their several limits in all things appertaining to their duties and offices CIV Also Escheators shall be named in every of the said Counties by the Treasurer of England with the advice of the President Council or three of them whereof the President to be one which Escheators shall make oaths and acknowledg Recognizances before the President or one of the Justices by a Dedimus for the due execution of their Offices and for their true account before the Kings Auditor or Auditors to be assigned for that purpose which oath and recognizance shall be agreeable to those used for Escheators in England CV Such Escheators shall yearly have their Pattents under the Great Seal and shall exercise their Offices as Escheators in England and shall be bound to all Laws and Statutes of England But they need not have above 5 l. per annum free-hold and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales CVI. There shall be also two Coroners elected for each of the said 12 Shires by the Writ De Coronatore Eligendo awarded out of the Chancery of England which Coroners shall exercise their Offices and have like fees as in England Only the Writ de Cor. elig for the County of Flint shall be directed out of the Exchequer of Chester â CVII The Justices of Peace or two of them 1. Qu. shall appoint in every hundred within their limits two substantial Gentlemen or Yeomen to be chief Constables of the Hundred where they dwell who shall preserve the Peace and use their Offices and be bound in all things as High-Constables in England CVIII The Sheriff shall have a Goal in a place of the Castle of the Shire-town or such other convenient place as by the President Council and Justices or three of them whereof the President to be one shall be appointed any Patent or Grant notwithstanding The Sheriff also shall make Bailâffs of the Hundred who shall attend upon the Justices at their Courts and Sessions CIX Sheriffs shall keep their Counties Monthly and their Hundred-Courts for pleas under 40 s. and shall take for entring of plaints process pleas and judgments there as is used in England and not above Also all tryals in such Courts or before Stewards in Court Barons shall be by Wager of Law or verdict of six men at the election of the party Plaintiff or Defendant that pleads the plea. CX Sheriffs shall hold their Turns yearly after Easter and Michaelmas as is used in England CXI The King shall have all Fines Issues Amerciaments and Forfeitures lost in the said Courts and Turnes to his own use and the Sheriff shall account for the same accordingly having been first affered by the Justices of Assize of that Circuit before they be levied And the Sheriff shall not levy them before they be so affered in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court may award a Capias ad satisfaciendum or a Fieri facias at the election of the Plaintiff CXII Certain fees which the Sheriff is to have for the return and execution of divers writs For which see the Statute at large CXIII Every Sheriff within this limit may put suspitious persons under common main-prise according to the Statute of 37 H. 8.26 which see before binding them with two sufficient Sureties by recognizance to appear before the Justices at the next great Sessions and shall then also certify the names of the parties so bound without concealment CXIV The Sheriffs fee for taking such common main-prise is 2 d. but he shall take no fee for the return of any writ of execution unless he return the same executed CXV The fees of Sheriffs Escheators and Coroners and their Ministers Prothonotaries and their Clerks and other Ministers of Justice in Wales shall be rated augmented and diminished by the President Council and Justices or three of them whereof the President to be one from time to time at their discretions CXVI None for murder or felony shall be put to his fine but suffer according to the Laws of England except it please the King to pardon him And if the Justices see cause of pity or other consideration they may reprieve the prisoner till they have advertised the King of the matter CXVII The Statute of the 26 H. 8.6 which see before is confirmed notwithstanding this Act and from henceforth shall be put in execution CXVIII Abertannad heretofore reputed parcel of the County of Merioneth shall now be annexed to Salop and be reputed parcel of the Hundred of Oswestry CXIX If any forreign plea or voucher be pleaded or made before any of the Justices of Wales tryable in any other County in Wales in this case the said Justice shall send the Kings Writ with a transcript of the Record unto the Justice of the County where the matter is tryable commanding him to proceed to the tryal thereof according to Law which tryal being had he shall remand it with the whole record unto the Justice that sent it who thereupon shall proceed to Judgment as
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
thereupon XX. The savings in this Act and in that of 32 H. 8.1 of custody wardship relief and primer seisin to the King and of custody and wardship to other Lords shall be expounded thus That the King shall have for his full third part such mannors lands and tenements as shall descend as well in fee-tail as in fee-simple to the heir of the person that made such Will or disposition as aforesaid and that the will or gift of the two parts shall be good in Law albeit the will or gift be made of all the fee-simple lands or the more part thereof Howbeit if the King have not a full third part left him he shall take out of the two parts so much as shall make it up to be severed by commission as aforesaid and such advantage also is given to other Lords for their third parts and the like shall both the King and they do in case their third parts or any parcel of them be evicted from them or determined XXI A Pardon of alienation must be sued by those to whom lands are devised for which they shall pay a third part of the value of the lands holden in chief and this Act shall be sufficient warrant for the Lord Chancellor to grant such pardons under the Great Seal without further suit to be made to the King for the same XXII Wills or Testaments of mannors lands c. made by femes covert Infants Idiots or persons of non sane memory shall not be good in Law XXIII If any person or persons shall by will or act executed make any estate for years life or lives with one remainder over in see or with divers remainders over for term of life years or in tail with a remainder over in fee-simple or any other estates conditions mesnalties tenures or conveyances by fraud and covin to the intent to defraud the King of his Prerogative primer seisin livery relief wardship marriages or rights or any other Lords of their wardships reliefs heriots or other profits and such estates or other conveyances be found by office to be so made by covin fraud or deceit In this case the King shall enjoy his Prerogatives and profits aforesaid according to this and the said former Act notwithstanding such estates or conveyances until such office be annulled by traverse or otherwise Also other Lords shall have their remedy in such cases for their wardships by writ of right of ward and shall distrain and make avowry or conusance by themselves or their Bailiffs for their reliefs heriots and other profits as if no such estate had been made Howbeit the right and title of the donees feoffees lessees and devisees thereof against the devisors and his heirs after the interest of the King and other Lords determined are saved XXIV Provided that every person from whom the King or other Lord shall take any mannors lands c. for their third part or to make it up may have relief in Chancery against every person who shall be intituled by any such will or gift to the other two parts to have such contribution for the same as the Lord Chancellor or Keeper shall think convenient VVines I. The Statute of Glocester 15.6 E. 1. The Mayor and Bailiffs now Sheriffs of London before the coming of the Barons which should be at their rising after Candlemas term as appears by the 14. Chapter of this Statute shall inquire of Wine sold against the Assize and shall present it before them at their coming and then they shall be amerced whereas they were wont to tarry until the coming of the Justices Obsolete * II. Stat. 4. E. 3.12 None shall sell Wines but at a reasonable price according to the price at the Ports from whence they come and the expence of their carriage to the places where they are sold Tryal shall be made of such Wines twice a year viz. at Easter and Michaelmas and Officers if need require by the Lords of Towns and their Bailiffs and likewise by Mayors and Bailiffs and all corrupt Wines shall be poured out and the vessel broken Also the Chancellor Treasurer Justices of the Benches and Justices of Assize shall have power to inquire of Mayors Bailiffs and Ministers of Towns that do not observe this Ordinance and to punish them as reason requires * III. Stat. 27. E. 3. Stat. 1. cap. 5. No English Merchant shall forestal Gascoign Wines nor buy them of any Gascoign or other to pay in England for any greater price then they are commonly sold at in Gascoign because of Prest peril of the Sea and by any other colour in pain of life and member and to forfeit their Wines Goods and Chattels to the King and their lands to the chief Lords But here the felony and forfeiture of laws are repealed by 37 E. 3.16 Ob. IV. Cap. 6. Gascoign Merchants and other strangers may bring their Wines to what Port of England they please so as the Kings Butler may make purveyance for Wines of Aliens making payment for them within 40 days Ob. V. Cap. 7. No English Merchant shall buy Wines in Gascoign before the Vintage Nor then but at Burdeaux and Bayon upon the pain mentioned in the 5th Chapter Put that as to the sâ loây 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
27 H. 8.13 33 H. 8.19 Page 162. ad 164 Church shall be free Magna Charta c. 1. Page 253 Copyhold part of Hounslow-heath made Page 288 Copyhold Land to be let and improved 37 H. 8.2 ibid. Cloth linnen clothes their length and goodness 28 H. 8.4 1 El. 12. Page 336 Colledges Chanteries free Chappels c. given to the King 37 H. 8.4 1 E. 6.14 Page 375. ad 382 Chirurgion who shall be and their priviledges 3 H. 8.11 5 H. 8.6 32 H. 8.42 34 35 H. 8.8 Page 421. ad 424 Consultation what and where allowed Stat. de Consultatione 24 E. 1. Page 445 Cry Hue and Cry how and where it shall be followed and the punishment for neglect of it Stat. Winchest cap. 1. 13 E. 1. Art super Cart. 17. 17 R. 2.6 27 Eliz. 13. Page 488. ad 491 Conduct safe conducts by whom to be granted and to what persons 15 H. 6.3 18 H. 6.8 20 H. 6.1 Page 495 D. DIsmes accountants therefore not chargeable at other mens Suits in the Exchequer 1 R. 3.14 p. 3 Dower admeasurement of Dower where it lies and how West 2. c. 7. 13 E. 1. Page 7 Admeasurement of Dower Writ therein to whom allowable West 2. cap. 7. 13 E. 1. ibid. Disseisin Assise of Novel-disseisin where to be taken and by whom Magna Charta c. 12. 9 H. 3. Page 7 Where an Assise of Novel-Disseisin will lye West 1. c. 24. 3 E. 1. ib. c. 36.48 West 2. c. 35. 13 E. 1. ibid. 46. de conjunct feoffat 34 E. 1. Ebor. 34 E. 2.1 7 R. 2.10 1 H. 4.8 4 H. 4.8 6 H. 6.2 11 H. 6.2 21 H. 8.3 Page 27. ad 30 Dayes in Bank what they be and how they answer one to another in a single Writ a Writ of Dower De anno Bissextili 21 H. 3. 51 H. 3. Page 137. ad 140 What day shall be given in a Darreign presentment Quare Impedit or attachment Marlb 12. 52 H. 3. and what in a real action 32 H. 8.21 5 E. 3. Page 140 Damages and Costs who shall recover and where and in what cases and how much Gloucest 1. 6 E. 1. Glost 14. 6 E. 1. 3 H. 7.10 19 H. 7.20 23 H. 8.15 24 H. 8.8 43 El. 6. 4 Jac. 21 Jac. 16. Page 141 142 Darrein presentment before whom to be taken Mag. Carta 13. 9 H. 3. Page 142 Debt how a man may be sued for debt by whom and in what time either by the King or a private person 1 R. 2.12 2 R. 2. Parl. 2 3. 3 Jac. 15. 7 Jac. 12. p. 142 143 144 Debt forreigner may not be distrained for debt West 2. 13 E. 1. Page 143 Debt to the King how to be paid or levied and in what time Magna Charta 8. 9 H. 3. 18. West 1. 19 E. 3.1 Artic. sup Chart. 12. 28 E. 1. 13 El. 4. 14.7 14.7 27.3 7 Jac. 15. Page 144 145 146 Debt due by book in what time it must be sued 7 Jac. 12. Page 144 Declaration must be full 36 E. 3.15 Page 147 Decies tantum by whom forfeitable and for what 38 E. 3.12 Page 147 Demurrer after demureer joyned and entred the Judges must give judgment according to Law 27 El. 5. Page 147 148 Dilapidations the remedy against Ecclesiastical persons for the same 13 El. 10. Money recovered for Dilapidations to be laid out in building within two years 14 El. 11. Page 148 Deceit the punishment thereof West 29. 3 E. 1. ibid. A Writ of Deceit where maintainable 2 E. 3.17 ibid. Discontinuance no suits shall be discontinued either by the Kings death or otherwise 11 H. 6.6 1 E. 6.7 Page 149 Dispensations which shall be void and why 28 H. 6.16 Page 150 Distresses Cattel impounded may be fed without disturbance who may distrain for what and upon what and where de districtione Scaccarii 51 H. 3. Marlb 1. 52 H. 3. Marlb 2. Marlb 3.4 15. West 1. 2. 16 17 E. 1. West 2.36 37. 13 E. 1. Artic. Cleri 9. 9 E. 2. 1 2 P. M. 12. Page 150 151 152 Dover the Constables of Dover Castle their power Artic. super Cartas 7. 28 E. 1. Page 152 Dower where a woman shall have Dower and where not and what to recover in a Writ of Dower Merton 1. 20 H. 3. West 1 48. West 2 4. 1 E. 6.12 5 E. 6.12 Page 152 153 Duresse Obligations forced by Duresse shall be void 1 R. 2.13 Page 182 Durham Fines levied in the County Palatine of Durham shall be good 1 M. Parl. 2.3 5 Eliz. 27. ibid. Writs thither must be directed to the Bishop 31 El. 9. ib. Dayes holy dayes appointed 5.6 E. 3.3 Flesh forbidden on Friday 2 3 E. 6.19 all unlawful pastimes forbidden on the Lords Day 1 Car. 1. 3 Car. 1. Page 280 E. EMbassies to be recorded in the Exchequer 5 R. 2.10 pag. 51 England the Crown and Empery thereof entailed 14 E. 3. 7 H. 4.2 35 H. 8.1 1 El. 1. 1.3 5.1 p. 110 111 112 The Subjects and Inhabitants thereof must take the Oath of Supremacy 5 El. 1. Page 112 113 Embracery what and the punishment thereof 38 E. 3.12 34 E. 3.8 Page 147 Eccles Jurisdiction who may exercise it 37 H. 8.19 Page 182 Egyptians the punishment of lewd people so calling themselves 22 H. 6.10 1.2 P. M. 4. 5 El. 20. Page 183 Election None may disturb free election West 1. cap. 5. Art Cleri c. 14. nor take reward electing 31 Eliz. 6. Page 183 184 English-men sworn Subjects to a foreign Prince shall be as aliens 14 15 H. 8.4 Page 185 England and Scotland to be united 1 Jac. 2. Laws of hostility repealed 4 Jac. 1. Felonies of English in Scotland where triable 4 Jac. 1. Pacification between them 16 17 Car. 17.18 Page 185 186 187 Entry Writ of Entry what and what recoverable by it Gloucest 7. 6 E. 1. Entry Sur disseisin en le Post Marlb 29. 52 H. 3. Page 187 Error where a Writ of Error will lye 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 31 E. 3. Stat. 1.12 32 El. 3. 27 El. 8. 31 El. 1. 16 Car. 2. cap. 2. Page 187. ad 190 Escape What is escape of a felon and who to inquire thereof West 1 3. 3 Ed. 1. 31 E. 3. Stat. 1.14 1 R. 3.3 Page 190 Exchange where to be kept 9 E. 3.7 ibid. None may exchange silver for gold or gold for silver to take profit thereof 25 E. 3. Stat. 5.15.5 6 E. 6.19 Page 190 191 Exchequer All Bayliffs Sheriffs and others shall account in the Exchequer the time when and the manner how Scaccarii 51 H. 3. Stat. de Rutland 10 E. 1. 1 R. 2.5 5 R. 2. Stat. 1.11 12 13 14 15 16 c. Page 191 ad 195 Issues lost therein when discharged 1 Jac. 26. Page 195 196 Fees due there for homage Page 197 Escheators by whom to be chosen their office duty and fees 14 E. 3.8 34 E. 3. Stat. 1.13 14.
forfeit the cloth so made IV. Such an Alien shall here in England sell his wares in gross and not by retail in pain to forfeit the value of the wares otherwise sold and being an Handicraftsman and inhabiting a great house or chamber shall not take any Apprentice or servant to work with him unless it be his son or daughter or else a Subject born in pain to forfeit for every Apprentice or servant otherwise taken 20 li. V. The forfeitures of this Act are to be divided between the King and the prosecutor VI. Stat. 14 H. 8.2 No Stranger Artificer Denizon or not Denizon shall take any Apprentice but such as is born under the King's obeisance in pain to forfeit 10 l. for every Apprentice otherwise taken to be divided betwixt the King and the prosecutor No Alien shall keep above two Journey-men except they be born under the King's obeisance upon the like pain to be divided as aforesaid VII All Strangers Denizons or not Denizons dwelling within two miles of London shall be under the reformation of the Wardens of Handicrafts within that City and of one substantial Stranger being an housholder of the same Craft to be chosen by the same Wardens VIII The said Wardens and that one Stranger shall assign a proper mark for Strangers wares without taking any thing for the same IX The said Wardens and Stranger shall have power to search view and reform the wares of Aliens made within the said precinct X. Smiths Joyners and Coopers being Aliens shall put such marks to their wares before they sell or use them as the said Wardens shall appoint without taking any thing therefore in pain to forfeit the double value thereof to be divided between the King and the prosecutor XI If upon such search the Wardens and Stranger shall finde any wares to be deceitfully made they shall be forfeit viz. the one half to the King and the other half to the finder and shall be recovered by action of Detinue XII Wardens and Masters of Fellowships of Handicrafts in other Corporations and Bailiffs and other head-Officers in Towns lacking Wardens have like power to reform strangers and strangers are bound to yield obedience unto them upon the like pains as aforesaid XIII Here if a stranger be wronged upon complaint to the Chancellor and Treasurer of England or to the Justices of Assise he shall have redress XIV This Act shall not extend to strangers dwelling in Oxford Cambridge or St. Martins le grand London XV. If the Wardens with a stranger or the Officers of Corporations or other Towns refuse to mark a stranger's wares being required so to doe in such case it shall be lawful for such stranger to sell his wares this Act notwithstanding XVI This Act shall onely extend to Joyners Pouch-makers Coopers and Black-smiths and to no other Crafts XVII Any of the King's Subjects having lands worth 100 l. per annum may retain any stranger that is a Joyner or Glasier to work for him this Act notwithstanding XVIII Stat. 21 H. 16. A Decree made in the Star-Chamber the 20 of February 20 H. 8. concerning Artificers strangers was confirmed The substance of which Decree hereafter followeth XIX A stranger Artificer shall not keep in his house at one time above two strangers servants howbeit a subject Artificer may retain as many strangers as he pleaseth to be his servants or Apprentices XX. Strangers Artificers may take as many English-men to be their servants or Apprentices as they can get XXI Strangers Artificers shall be contributary with English Artificers and in case they refuse they shall not onely lose the benefit of this Decree but likewise be prohibited to exercise their Craft in pain of incurring the forfeiture of the abovesaid Statute XXII Strangers Artificers shall upon lawful warning go with the Wardens and other Governours of the same Company to make search which if they refuse and that proved before the Chancellor of England or Mayor of London or in other places before the chief Officers they shall no longer exercise their profession in England in pain of the forfeitures aforesaid XXIII Strangers Artificers shall upon lawful notice make oath to be true to the King and obedient to his Laws and to make due search with others and not to discover to any beforehand the intention of search and being sworn shall pay for their Commission as the Subjects of England do XXIV No strangers but Denizons shall keep house or shop in pain of incurring the penalties of the aforesaid Statutes XXV Strangers shall not assemble but in the Common Halls of their Mysteries upon the penalties aforesaid XXVI This Decree and Act for so much as concerns Cordwainers shall extend as well to such as work old stuff as those that work new XXVII This Decree and Act shall not extend to strangers Denizons or not Denizons dwelling in Oxford Cambridge or St. Martins le grand London XXVIII Stat. 22 H. 8.8 Aliens born made Denizons shall pay all such customes and other duties as they did before they were made Denizons XXIX A Table of Customes Tolls and Duties shall be set up in every City Borough and Town in pain that every City not doing the same shall forfeit 5 l. and every Town Corporate 40 s. for every moneth the same shall fail to be set up at Penteâost next to be divided betwixt the King and the prosecutor XXX This Act shall not prejudice the Merchants of the Stilyard London XXXI Provided that the Tables of Scavage to be set up in London shall be approved by the Chancellor and Treasurer of England the President of the King's Council the Lord Privie-Seal the Lord Steward of the King's house and the two chief Justices or four of them and shall be by them subscribed XXXII Stat. 22 H. 8.13 No stranger being a common Baker Brewer Surgeon or Scrivener shall be accounted a Handicrafts-man within the penal Statutes made against strangers Artificers XXXIII Stat. 32 H. 8.16 All strangers made Denizons shall be obedient to the Statutes of 1 R. 3.9 14 H. 8.2 and 21 H. 8.16 And in all Letters Patents of Denization hereafter to be made a Proviso for that purpose shall be inserted save onely when the King shall please to grant special Liberties and then those Liberties shall be plainly exprest both in Bills signed by his Majesty and also in the Letters Patents XXXIV No Alien Artificer Denizon or not Denizon in Oxford Cambridge or St. Martins le Grand London shall keep above two strangers servants at one time in pain to incur the penalty of 14 H. 8.2 XXXV Every Alien not Denizon within the King's Dominions shall be bound to observe the Laws of this Kingdom XXXVI No Subject or Stranger using no handicraft shall retain above four servants strangers in pain to forfeit for every servant kept above that number 10 l. XXXVII The abovesaid forfeitures shall be divided betwixt the King and the prosecutor XXXVIII This Act shall not be prejudicial to a
no Essoin Protection or Wager of Law shall be allowed See more under the Title of Calves and Cattel And see Tanner n. 25. Also see Title Victuallers Butler of the King I. Stat. 25 E. 3. cap. 21. The Steward of the house and Treasurer of the Wardrobe shall give notice how much wine shall be taken by the Butler or his Lievtenant in every Port which number shall not be exceeded II. A Certificate shall be made by the Mayor and Bailiffs there under their seals by Indenture betwixt them and such takers of wine to the said Steward and Treasurer how much wine is so taken III. If the Butler or his Lievtenant take more wine or any reward or delay any by colour of his office as by arrest he shall forfeit double dammages to the party grieved lose his office be imprisoned and be ransomed at the King's will * IV. Stat. 43 E. 3.3 The King's Butler or his Lievtenant shall take no more wine then he shall be commanded in pain to be imprisoned and ransomed at the King's will and after ten days the merchant may sell the residue notwithstanding their arrest â Butter and Cheese I. Stat. 3 H. 6.4 The Lord Chancellor may grant licence under the Great Seal to any to convey Butter and Cheese to any other place besides the Staple which then was of Calais II. Stat. 18 H. 6.3 Butter and Cheese may be conveyed to any place out of the Realm being in the King's amity without licence * III. Stat. 3 and 4 E. 6.21 None except Inholders and Victuallers in their houses shall buy any Butter or Cheese to sell again save onely by retail in open Shop Fair or Market and so not above a Wey of Cheese or a Barrel of Butter at one time without fraud in pain to forfeit the double value to be divided betwixt the King and the prosecutor * IV. Stat. 21 Jac. 22. The Statute of 3 and 4 E. 6.21 and so much of the Statute of 5 and 6 E. 6.14 as concerns the buying and retailing Butter and Cheese which see in Fore-stallers shall not extend to the retailers of Cheese in London Westminster or Southwark having served seven years in that Trade not uttering above four wey of Cheese or four barrels of Butter at one time without fraud V. Justices of Peace in Sessions have power to restrain the retailing of Butter and Cheese during which restraint those that rerail shall be liable to the penalties of 3 and 4 E 6.21 and 5 and 6 E. 6.14 * VI. Stat. 14 Car. 2. ca. 26. Every kilderkin of Butter shall contain 132 pound the Cask 20 l. the Firkin 56 of good butter the Pot 14 pound besides the Casks and Pots and Farmers shall use no fraudulent dealings in packing weighing with unwarrantable weights mixing old bad and decayed butter with new or whey butter or unreasonably salting the same and a cask of butter shall be of the same sort upon pain of forfeiture of the value of the butter false packed and six times the value of what shall be wanting in weight VII Cheesemongers and others selling butter shall deliver the full quantity of Kilderkins Firkins Casks and Pots and the due quality thereof and none shall repack butter for sale upon forfeiture of the double value for such repacking VIII Farmers and others shall pack their butter in sufficient and well-seasoned Casks which shall be marked with the first letters of the Christian-names and Surnames of the sellers and the weight of the butter upon penalty of forfeiture of 10 s. for every 100 weight of butter not so marked IX Potters shall mark their pots with their names and the weight of the Pot and set the first letter of their Christian name and Surname at length upon pain for every default 12 d. and farmers shall not sell butter packed in other pots upon pain of 2 s. for every default X. Offences against this Act shall be heard and determined in the Sessions of the Peace for the County City or liberty where committed by action of Debt Indictment Information or Presentment and one half of the penalty to the poor of the Parish where the offence is committed to be paid to the Church-wardens or Overseers the other half to the Prosecutor XI All Suits upon this Act shall be commenced within 4 months after the sale of such butter Cables Halsors and Ropes I. Stat. 21 H. 8.12 AN Act for true making of Cables Halsors and Ropes in Burport and within five miles thereof See the Statute at large * II. Stat. 35 Eliz. 8. None shall make or cause to be made any Cables of old stuff which shall contain seven inches in compass in pain to forfeit four times the value of every Cable so made neither shall any tar or cause to be tarred any Halsors or other Cordage made of old stuff being of lesser Assise nor put the same to sale in pain to forfeit the treble value of every such Cable Halsor or other Cordage of lesser Assize then seven inches made and tarred as aforesaid III. The said forfeitures are to be divided betwixt the Queen and the prosecutor â Calves and other Cattel I. Stat. 3 and 4 E. 6.19 No Cattel shall be bought but in open Fair or Market and those not sold again in the same Fair or Market in pain to forfeit the double value II. No Butcher shall buy any Cattel and sell the same again alive in pain to forfeit them * III. Stat. 2 and 3 P. and M. 3. He that keepeth above 120 sheep or 20 beasts upon every pasture-ground apt for Milch-kine and not commonable shall yearly for every 60 sheep or 10 beasts keep one Milch-cow and for every 120 sheep or 20 beasts rear up one Calf in pain to forfeit for every Cow or Calf not so kept or reared 20 s. viz. the one half to the King and Queen and the other to the prosecutor if he commence his suit within one year after the offence committed IV. Justices of Peace in Sess have power to hear and determine the breach of this Statute V. This Act shall not binde such as keep sheep or feed beasts onely for their own provision VI. Stat. 7 Jac. 8. The Statute of 2 3 P. and M. 3. shall also extend to grounds which since the said Act have been or shall be made several See more Title Butchers Cambridge and Cambridge-shire I. Stat. 34 35 H. 8.24 An Act for the assurance of certain lands to John Hinde then Serjeant at Law and his heirs paying yearly 10 l. toward the charges and wages of the Knights of the Parliament for Cambridge-shire for ever II. Stat. 35 H. 8.15 An Act for paving the streets in Cambridge See these Statutes at large â Captains and Souldiers I. Stat. 5 R. 2.10 The Covenants of such as shall serve the King in his Wars or Embassies shall be recorded in the Exchequer as also the repeal of their retinue to the end a just account may be
search for and seize arms in the custody of any person whom they shall think dangerous to the peace of the Kingdom but no search to be made in any house in the night other then in Cities and Towns corporate by warrant specially directing the same and no dwelling-house of any Peer to be searched but by warrant under the King's sign manual or in presence of the Lievtenant or Deputy-Lievtenant of the same County and the arms seised to be restored again if it shall be thought sit XLVII High-Constables and all other officers to be aiding and assisting to the Lievtenants and Deputy-Lievtenants and to be saved harmless and indemnified for so doing XLVIII Persons charged to find arms in Counties where they reside not shall have notice sent to their tenants or servants there who shall speedily thereof inform their masters or landlords and bring an account thereof to the Deputy-Lievtenants And upon neglect or refusal of the Land-lord the Tenants shall provide arms and doe as the Land-lord ought to have done and if the Tenants refuse or make default the penalties of this Act to be levied upon them And such Tenants may defalk for such moneys as they expend for providing arms out of their Rents unless the default and penalty were occasioned by their own neglect XLIX Peers acting as Lievtenants or Deputy-Lievtenants shall before they act take the Oaths of Allegiance and Supremacy before six of the Privy Councel and the Oath following I A. B. do declare and believe that it is not lawful upon any pretence whatsoever to take arms against the King and that I do abhor that traitorous Position That arms may be taken by his Authority against his Person or against those that are commissioned by him in pursuance of such military Commissions So help me God L. Persons under the degree of Peers before they act as Lievtenants or Deputy-Lievnants shall take the oaths of Allegiance and Supremacy and the aforsaid oath before the Lievtenant or some Justice of the Peace of the respective Counties and places where they act And the Lievtenant or any two Deputy-Leivtenants in their absence are enabled to administer the said Oaths to the said Officers and Souldiers The Trained-bands discharged LI. Times of training and exercising shall be as followeth 1. The General muster and exercise of Regiments not above once a year 2. Training and exercising single Companies not above 4 times a year unless upon special direction by the King or Privy Councel and the same not to continue above two daies 3. At general Muster and Exercise of Regiments none shall be constrained to stay above 4 days from their habitations LII At every Muster and exercise every Musketeer shall bring half a pound of Powder every Horseman a quarter of a pound at the charge of the Persons finding the said Souldiers LIII The Armes and Furniture of an horse offensive and desensive shall be viz. Defensive arms A Back Breastplate and Pot the Breastplate and Pot Pistol-proof Offensive arms A sword and Case of Pistols the barrells not under 14 inches in length Furniture of a horse A great Saddle-Pad with burrs and straps to affix the holsters unto a bit and bridle with a pectorall and Crupper LIV. Foot-armes A Musket the barrel not under 3 foot in length and the bore for 12 bullets in the pound a coller of bandeliers and sword LV. Pike-Arms A Pike of Ash not under 16 foot long with a Back breast head-piece and sword LVI The Militia of the Isle of Purbeck to remain seperate from the County of Dorset and the Lievtenants and Deputy-Lievtenants there to exercise the same powers as in the said County LVII Proviso impowering the King in case of dangers during the space of 3 years from the 25 of June 1662. to raise money for defraying the charge and securing the Nation the said summ not exceeding 70000 l. in one whole year LVIII Proviso That none be compelled to serve in person finding one sufficient man qualified according to the Act And persons listed shall not be changed or desert the service without leave upon pain of 20 l. to be levied by distress and for want of distress by imprisonment of the party offending LIX Proviso Not to put any new charge upon the Tinners in Cornwall But the Lord Warden of the Stannaries and his Deputies by the King's Commission may exercise the same powers for arraying assessing and arming as others observing the customes and privileges of the Stannaries LX. Proviso The Militia of London may continue to list the Trained-bands and Auxiliaries by the King's Commission and that his Majesties Lievtenants for the said City by his warrant may assess and levy for defraying charges any summ yearly not exceeding the proportion which the City payeth to the tax of 70000 pound per mensem and to be accountable as in this Act mentioned LXI Proviso That no Officer or Souldier of the Militia or Trained-bands of Cities Boroughs or Corporations or Ports be compellable to appear out of the Liberties thereof at any Muster or exercise onely and they are to be chargeable with the usual number of Souldiers unless the Lievtenants find cause to lessen the same LXII Proviso Not to avoid any Covenant between Land-lord and tenant concerning finding horses or arms or bearing the charges taxes or rates for the same LXIII Proviso That this Act shall not alter the manner of raising horse or foot in the Isle of Wight but the same to continue as now used and practised there LXIV Proviso That none be compelled to march out of this Kingdom or be transported beyond the Seas otherwise then by the law of this Kingdom ought to be done LXV Proviso That no Peer be charged with horse or foot souldiers or arms but by Commission to so many Peers not fewer then 12 as the King shall appoint under the great Seal except the monethly taxes to be levied as before in this Act which Peers or any 5 of them shall have power to execute this Act in all things except imprisonment of the person of any Peer and the Assessment laid and penalties imposed shall be certified to the Lievtenants of the respective Counties and the penalties levied by distress and sale of the goods of such Peer or his tenant who may deduct the same out of his next rent LXVI Stat. 12 Car. 2. ca. 16. All Officers and Souldiers of the Army disbanded that were in service under General Monk 25 of April 1660. and instrumental in his Majestie 's restauration may exercise trades such as have deserted the said service or refuse the Oath of Allegiance excepted Vid. the Act and Proviso's at large LXVII Stat. 14 Car. 2. ca. 8. An Act for distribution of 60000 l. amongst the truly loyal and indigent Commission-Officers of his Majesty and the late King and for assessing of Offices and distributing the moneys thereby raised for their supply Vid. the said Act and the Act of Explanation thereof 15 Car. 2. cap. 3.
be freed from Castle-gard doing the service by himself or another or being with the King in his Host III. West 1.7 3 E. 1. No Constable or Castellane shall exact any thing of any but such as reside in their Town or Castle unless it be an ancient price due to the King Castle or Lord of the Castle Certificate of the cause of Attainder c. I. Stat. 34 H. 8.14 The Clerks of the Crown Assise and Peace shall certifie unto the King's Bench the tenor of every Indictment Outlawry or Conviction and Clerks Attaint had before them respectively for any felony or other offence and that within 40 days next after such attainder conviction or outlawry if it be Term-time otherwise within 20 dayes after the beginning of the Term next following the 40 dayes and shall also deliver a transcript of the indictment to the Ordinary to whom the person attainted is committed and all this in pain of 40 s. to the King and prosecutor But note that the transcript to the Ordinary need not now since the Statute of 18 Eliz. 7. which see after in Clergy * II. The Clerk of the Crown shall receive such certificates in pain of 40 s. for every one refused III. When the indictment containeth more names then are convict a transcript containing onely the names of such as are convict shall serve IV. The Clerk of the Crown being sent to by the Justices of Gaol-delivery or Peace for the name of any person so convict and certified shall without delay send a certificate thereof in pain of 40 s. V. No certificates out of Wales Chester Lancaster Duresm Cessavit I. Gloucester cap. 4. 6 E. 1. If a Free-farmer cease to pay his rent two years together the Lessor shall have a Cessavit against him and recover the land unless before Judgment he pay the arrearages and give security to pay duly for the future II. West 2 cap. 21. 13 E. 1. A Cessavit by the Chief Lord against his Free-hold tenant that ceaseth per biennium III. A Cessavit is maintainable by the heir of the Demandant against the heir or assigne of the Tenant Challenge I. Stat. De Inquis 33 E. 1. If one challengeth a Juror for the King he shall forthwith assign the cause which shall be presently tried by the discretion of the Justices II. If he alledge not a good cause or it go against him the Inquest shall be forthwith taken III. Stat. 7 H. 7.5 Riens diens le Garde shall not be admitted for challenge in London IV. Stat. 33 H. 8.23 Peremptory challenge shall not be admitted in cases of High Treason or misprision of Treason V. Stat. 1 E. 6.12 All Statutes made during the Reign of H. 8. touching challenges and forem pleas are confirmed Champerty * I. West 1.25 3 E. 1. No Officer of the King shall maintain plea of lands or other things to have part thereof or other profit by Covenant between them made in pain to be punished at the King's will II. West 2.49 13 E. 1. The Chancellor Treasurer Justices or any of the King's Councel Clerks of Chancery Exchequer or of any Justice or other Officer or any of the King's house Clerk or Lay shall not receive any Church or Advouson Land or Tenement in fee by gift by purchace to farm by Champerty or otherwise so long as the same thing is in plea nor shall take any reward thereof in pain to be punished at the King's will both buier and seller III. Stat. 20 or 21 E. 1. made at Barwick The attainted of Champerty shall suffer three years imprisonment and be fineable at the King's will where you have also the form of a Writ for remedy thereof to be issued out by Gilbert de Thornton IV. Artic. super Chart. 11. 28 E. 1. None shall take upon him a business in suit with an intent to have part of the thing sued for neither shall any upon any such Covenant give up his right to another in pain that the taker shall forfeit to the King so much of his lands and goods as do amount to the value of the part so purchased for such maintenance to be recovered by any that will sue for the King in the Court where the plea hangeth V. This shall not prohibit any to take counsel at Law for the fee or of his parents or friends VI. Stat. 33 E. 1. Anno Domini 1304. Champertors are such as move pleas and suits or cause them to be moved either by themselves or others and prosecute them at their own charge to have part of the thing in variance or part of the gains VII Stat. 33 E. 1. Anno Domini 1305. None of our Court of Pleaders Attorneys Stewards Bailiffs or any other shall take any plea or suit to Champerty or for maintenance in pain that they together with the consenters thereunto shall suffer three years imprisonment and be fined at the King's will See also there the form of a Writ for the same purpose and also against Conspirators Chancery Masters in Chancery I. Artic. super Chart. 5. 28 E. 1. The Chancellour and the Justices of his Bench shall follow the King to the end he may have always near him such as be learned in the Laws to order matters that shall come to the Court. II. Stat. 36 E. 3.9 Whosoever findeth himself grieved with any Statute shall have his remedy in the Chancery III. Stat. Car. 2. not printed The office of the Masters in Chancery being of very ancient institution and necessary attendance for dispatch of business in the Court and being thought more proper and safe for the subject in general that Affidavits Answers Recognisances and acknowledgments of Deeds should be in some publick place then in private studies and houses as formerly and for the just incouragement of the said Masters for their attendance and support in due discharge of their places enacted that one publick office be kept and no more near the Rolls in which the said Masters some or one of them shall constantly attend for the administring of oaths caption of deeds and recognisances and dispatch of all matters incident to their office References upon accounts and insufficient answers onely excepted from 7 a clock in the morning until 12 at noon and from 2 in the afternoon until 6 at night and the said Masters may demand and take the Fees following viz. For every Affidavit or oath taken in the said office 12 d. For every bill of Costs to be taxed by them for the Plaintiff's not putting in his bill or not proceeding to reply or for the Defendant's not appearing in due time 2 s. 6 d. For the acknowledgment of every deed to be enrolled 2 s. For the caption of every recognisance 2 s. For every exemplification examined by two of the said Masters to each of the said Masters who shall examine the same for every skin of parchment so examined 2 s. For every Report or Certificate to be made in pursuance of any order
made upon hearing of the cause 20 s. And for every other Certificate or Report of any order made upon petition or motion onely 10 s. To be paid by the party that takes out the Report or Certificate And if any master directly or indirectly receive any money see reward or promise otherwise or for any other matter in this Act then as aforesaid every such Master after legal conviction to be disabled from the execution of his office and forfeit to the party grieved so much money as he shall take contrary to this Act and moreover 100 l. one moiety to the King and the other to the party grieved that shall sue for the same And several Tables of the said Fees to be set up in the said office and in the Chappel of the Rolls that all parties may take notice thereof See Clerks of the Chancery Chelsey I. Stat. 7 Ja. 6. A College shall be erected at Chelsey and a trench shall be made to convey water from the river of Lee to London to maintain the same Chester and Cheshire I. Stat. 1 H. 4.18 If any inhabitant of the County of Chester commit murther or felony in another County process shall be made against him to the Exigent in the County where the offence was done and if he then flie into Cheshire the Exigent or Outlawry shall be certified to the Officers of Cheshire who shall thereupon take the offender and seize his lands and tenements and goods and chattels for the Prince's use the King shall also have his year day and waste likewise his lands and goods in other Counties shall remain forfeit to the King and other Lords having thereof Franchise The like process and proceeding shall be also had against the offender in battery or trespass so committed and his goods and chattels shall be forfeited to the King Prince or Lords respectively as aforesaid â II. Stat. 27 H. 8.5 Justices of the Peace Quorum and Gaol-delivery are to be nominated and made in Chester and Wales by the Lord Chancellor or Keeper of the Great Seal of England in like manner as within the Realm of England which Justices shall certifie their extracts and the severall Sheriffs make their accounts as in the said Statute is directed III. The Justices and Clerks of the Peace shall have like fees as in England and inferiour Officers shall be attendant to the Justices â IV. Stat. 32 H. 8.43 Sessions shall be kept by the Justices for the time being in the County of Chester twice in the year onely viz. at Michaelmas and Easter-Sessions and the old order of keeping the County-daies shall cease V. Stat. 33 H. 8.13 The Sheriff of the County of Chester shall keep his County-Court monethly in the Shire-Hall of the said County VI. The Justicer or his Deputy may keep their two Sessions at what time of the year they please so they cause them to be proclaimed 15 days before VII Stat. 34 H. 8.13 The County of Chester shall have two Knights and the City of Chester two Burgesses for the Parliament VIII No Writ of Course in the nature of a Protection shall be granted in the County Palatine of Chester IX Stat. 2 E. 6.31 All Recognisances of Statutes-Merchant c. acknowledged before the Mayor of Chester shall be good in Law X. Stat. 43 Eliz. 15. Fines may be levied before the Mayor of the City of Chester for lands lying there XI A Dedimus potestatem may be granted by the Mayor of Chester to take the acknowledgment of a fine XII Howbeit Fines taken before the Mayor may upon errour be reversed before the High Justice of the County Palatine of Chester Chimney-money Vid. Title King n. 8. Chirographers I. Stat. 2 H. 4.8 The Chirographer or his Deputy shall take but 4 s. for a fine in pain to forfeit his Office be judged before the Court suffer a year's imprisonment and pay treble dammages to the party grieved to be recovered before the Justices of the same Court Church-yard I. Stat. Nè rectores prosternant Arbores in coemeterio 35 E. 1. Parsons of Churches shall not cut down trees growing in the Church-yards unless for the necessary repair of the Chancel or in charity of the body of the Church See Title Fighting and quarrelling And see Arrests num 1 2 3. Citation I. West 2.43 13 E. 1. Hospitallers and Templers shall draw none into suit before the keepers of their privileges neither shall their keepers cite any to the prejudice of the King or Crown * II. Stat. 23 H. 8.9 None shall be cited to appear out of the Diocess or peculiar jurisdiction where he or she dwelleth except by some Ecclesiastical or other person within the Diocess or other jurisdiction whereunto he is so cited for some offence or cause committed or omitted contrary to right or duty or upon an appeal or other lawful cause or when the Judge dares not nor will not cause him to be cited or is any way party to the suit or at the instance of the inferiour Judge to the superiour where the Law civil or Canon doth allow it and all this in pain to forfeit double dammages to the party grieved and 10 l. to the King to be divided betwixt him and the prosecutor III. The Arch-bishop may cite for heresie in any Diocese within his Province upon consent or neglect of the Bishop or Judge there IV. This Act shall not restrain the jurisdiction of the Prerogative Court for Probate of Testaments V. The Ecclesiastical Judge shall take but 3 d. for a Citation upon the pains aforesaid Clap-board I. Stat. 35 El. 11. For every six tun of Beer exported the same Cask or as good or 200 of Clap-board fit to make Cask shall be imported or if they be transported into Ireland 200 of Shaffold-board which Clap-board or Shaffold-board by a Stranger shall be left here before the Beer be exported but by a Subject shall be left here or provided within four moneths after II. The Clapboard shall contain 3 foot 2 inches at least in length and the Cask shall be entred at the Custom-house III. The same Law for strangers that transport fish in Cask and the penalty of breaking their Laws is the forfeiture of the Beer Fish and Cask IV. None shall transport any Wine-cask with Beer or Beerager or Wine-cask shaken except for victualling of a Ship or other vessel or some of her Majestie 's Garrisons beyond sea in pain to forfeit 40 s. for every tun of Cask so transported V. This Act shall not prohibit the transportation of Herrings in Cask â Clergy I. West 1.2 3 E. 1. A Clerk convict for felony and delivered to the Ordinary shall not be enlarged without due purgation II. Stat. De Bigamis 5. 4 E. 1. Bigamus shall not be allowed Clergy III. Artic. Cleri 15. 9 E. 2. A Clerk flying into the Church for felony shall not be compelled to abjure IV. Artic. Cleri 16. â E. 2. The privilege of the Church being demanded
be tried by triers to be hereafter appointed by this Act. XLIX There shall be appointed six triers of insufficient leather and leather-wares which shall be seized within the said jurisdiction of London and when any such leather or wares are seized within any other jurisdiction the chief Officer or Lord of the Liberty or his Deputy shall cause triall thereof to be made by the oath of six honest men upon some Market-day and within fifteen dayes after such seisure made L. The Lord Mayor of London and the head Officer and Lord or Deputy aforesaid shall appoint triers in their several jurisdictions in pain of 5 l. to be divided betwixt the King and the prosecutor and these triers shall do their duties in that Office without delay in pain to forfeit for every default 5 l. LI. Four of the triers in London shall be yearly changed and other four placed in their rooms and none shall continue in that Office there above two years and if any happen to be trier two years together he shall not be chosen again within three years after in pain to forfeit for every moneth he continues otherwise in that Office 10 l. LII No searcher or sealer of leather shall refuse within convenient time to do his office or allow any wares which are sufficient in pain of 40 s. and shall not take bribes or exact more then due fees in pain of 20 l. nor being lawfully elected shall refuse the office in pain of 10 l. LIII All red tanned leather which shall be brought within the aforesaid jurisdiction of London shall be carried to Leaden-hall before it be housed and there searched sealed and registred by the Officers aforesaid for which if it were sealed before out of the said jurisdiction they shall take half fees onely LIV. None shall sell any tanned leather within the aforesaid jurisdiction of London before the Officers there have searched and sealed it in pain to forfeit the same or the value thereof LV. None shall withstand the searchers and sealers in the due execution of their Office nor the seizing of insufficient wares in pain of 5 l. LVI The abovesaid searchers and sealers shall register all tanned leather sold in Fairs or Markets together with the prices thereof and the names and dwelling-places of the buyer and seller being thereunto required by the said buyer and seller taking as well of the buyer as the seller 2 d. for every ten hides backs or buts of leather and 2 d. for every six dozen of Calf-skins or Sheep-skins and no more LVII None shall sell any tanned leather red and unwrought before it be registred in pain to forfeit the value thereof LVIII None shall buy any tanned leather before it be searched and sealed nor carry it out of the Fair or Market before it be registred in pain to forfeit the same or the value thereof LIX The Currier within the jurisdiction of London aforesaid which currieth not his leather sufficiently and every other Artificer there using tanned and curried leather which putteth into his wares leather insufficiently tanned or curried shall forfeit for every such default the said wares and the just value thereof LX. No such Artificer shall fell any wares but in open Shop Fair or Market where due search may be made in pain to forfeit the wares otherwise sold and besides ten shillings for every such offence LXI Here the summes of money aforesaid forfeited shall be divided into three parts whereof the King is to have one the prosecutor another and the City Corporation or Lord of the Liberty the third LXII The value of the wares forfeited within the jurisdiction of London after praisement shall also be divided into three parts whereof one shall be given to the seisor another to the Chamber of London and the third to the poor And in all other places one third part to charitable uses another to the Head-Officer or Lord of the Liberty and the third to the seisor or seisors for his or their pains LXIII None shall buy any forfeited wares to sell them again in pain to forfeit for every parcell thereof 3 s. 4 d. LXIV This Act shall not prejudice the authority of the Universities so that their Officers observe the provision of this Act under the penalties therein contained LXV The Hides or Skins of Oxe Steer Bull Cow Calf Deer Goats and Sheep being tanned or tawed and salt Hides are reputed Leather within the letter of this Statute â LXVI Justices of Assize or Gaol-delivery and of Peace Stewards of Leets the Mayor of London and Head-Officers within their several Precincts have power to hear and determine these offences LXVII The King's Steward of a Leet or Liberty shall have the the same authority and be subject to the same penalties that a Lord of a Leet hath and is subject to LXVIII It shall be lawfull for all Artificers save onely Shoemakers between September and the twentieth of April to use dry curried and frised leather being well tanned according to this Act. LXIX This Act shall not extend to Wales LXX If any Customer or other such Officer having notice of the transporting of any leather do not use his best endeavor to seize it or being transported do not disclose it within fourty days he shall forfeit for the first default 100 l. and for the second lose his place And every such Officer for making a false certificate of the arrivall of any leather shall also forfeit 100 l. LXXI This Act shall not extend to Scotch Hides brought to Barwick LXXII Licenses to dispense with the offences prohibited by this Act shall be void LXXIII Stat. 4 Jac. 6. There shall be no penalty for housing buying or selling Sheep-skins unsealed LXXIV None shall sell tanned leather by weight in pain to forfeit the same or the value thereof to be divided betwen the King and the prosecutor See Title Leather â Corn and Grain ââ Stat. 5 Eliz. 12. None but a married man and housholder of the age of 30 years at least shall take upon him to be a Badger Lader Kidder Carrier Buyer or Transporter of Corn or Grain Butter and Cheese neither he without licence in open Sess of the County where he hath dwelt by the space of three years before under the hands and seal of at least three Justices 1. Qu. in pain of 5 l. which licence shall remain in force for one year onely from the date thereof and all licenses otherwise granted shall be void â II. The Justices of Peace in Sessions shall at their discretions take recognisances of Badgers c. that they shall not forestall or ingross or put in practice any Act contrary to 5 and 6 E. 6.14 III. The Clerk of the Peace shall write and enter the license and recognisance and his fees shall be viz. for writing the license 12 d. for writing the recognisance 8 d. and for entring them both into a Register-book 4 d. which Book he shall bring to every Sessions IV. This
31 El. 1. None shall erect or convert a building to be a cottage for habitation unless he lay four acres of free-hold land of inheritance so near unto it that they may be conveniently occupied therewith in pain to forfeit 10 l. to the Queen for every such erection or conversion and 40 s. a moneth for the continuance II. No owner or occupier of any Cottage shall place or willingly suffer any more families then one to co-habit therein in pain to forfeit to the Lord of the Leet 10 s. for every moneth he so continues them together â III. Justices of Assize Justices of Peace in their Sessions and Lords of Leets have power to hear and determine these offences IV. This Statute shall not extend to Cottages in Cities Burroughs or Market-towns or provided for labourers in Mines or Quarries within one mile from such Mines or Quarries or for Sea-faring men within one mile of the Sea or a Navigable River or for a Keeper Warrener Shepherd or Herdsman or for an impotent person nor to any Cottages which upon an order by Justices of Assize in open Assize or Justices of Peace in Session shall be decreed to continue for habitation for so long time onely as by such decrees they shall be tolerated â Counterfeit Letters I. Stat. 33 H. 8.1 If any shall falsly obtain any money or other thing by colour of any false token or counterfeit letters they being thereof convict by witnesses or confession before the Lord Chancellor the Lords of the Council in the Star-chamber Justices of Assize Justices of the Peace or by action in any Court of Record shall suffer such punishment as shall be adjudged by the person or persons before whom they shall be so convict the pains of death onely excepted II. Justices of Assize and Justices of Peace 1. Qu. shall have power to convert by process or otherwise to the Ass or Sess respectively any person suspected to offend in that kinde and to commit or bail him until the Ass or Sess or otherwise to order him at their discretions III. Justices in Corporations have like Authority for the punishment of such offenders as Justices of Assize or Peace have in their several Precincts respectively IV. The remedy of the party grieved by way of action is saved â County and Turn I. Magna Charta 35. 9 H. 3. County-Courts shall be held from moneth to moneth or longer if formerly so used and the Sheriff or his Bailiff shall keep his Turn in the Hundred at the usual place and that onely twice a year viz. after Easter and Michaelmas Leets also shall be at Michaelmas without occasion II. Marlbr 10. 25 H. 3. Arch-bishops Bishops Abbots Priors Earls Barons or Religious men or women are not to appear at the Sheriff's Turns except for some other cause and such as have Hundreds of their own shall not be bound to appear at such Turns but onely in the Bailiwicks where they dwell III. West 2.32 3 E. 1. No Sheriff shall suffer Barrettors or Maintainers of quarrells or Stewards of great Lords or other unless Attorney for his Lord to make suit or to give judgments in the Counties or to pronounce them if he be not required so to doe by all the suitors and Attorneys of the suitors there present in pain that both the Sheriff and they shall be grievously punished by the King IV. Stat. 31 E. 3. Stat. 1.15 Every Sheriff shall hold his Turn yearly one time within the moneth after Easter and another time within the moneth after Michaelmas in pain to lose his Turn for the time V. Stat. 19 H. 7.24 The Shire-Court for Sussex shall be holden one time at Chichester and the next time at Lewis alternis vicibus in pain that the Courts otherwise kept and the things therein transacted shall be void VI. Stat. 2. 3 E. 6.25 County-Courts shall be adjourned from moneth to moneth and no longer VII The Sheriff of Northumberland shall keep his County-Court at Alnewick and not elsewhere â Coupers * I. Stat. 23 H. 8.4 A Beer or Ale-brewer shall neither by himself nor others for his use make any vessel whereby they shall put their Beer or Ale to sale but such onely as shall be made and marked as is hereafter expressed in pain to forfeit for every vessel so made 3 s. 4 d. II. Coupers shall make their Beer and Ale-vessels of good and seasonable wood and put their proper mark thereupon III. A Beer-barrel shall contain at least 36 Gallons a Kilderkin 18 and a Firkin 9. and an Ale-barrel 32 Gallons a Kilderkin 16 and a Firkin 8. all of the King's Standard Gallon And if the Gouper make any bigger or lesser he shall set the true content upon them Also the Couper shall not inhaunce the prices of his vessel in pain to forfeit for every such vessel defective or inhanced in price 3 s 4 d. viz. for a Beer-barrel 9 d. a Beer-kilderkin 5 d. and a beer-firkin 3 d. Also for an Ale-barrel 16 d. an Ale-kilderkin 9 d. and an Ale-firkin 5 d. Note that this clause for so much as concerns the prices of vessels is repealed by 8 El. 9. But Quaere whether it doth not yet stand in force for defective vessels Vid. 8 El. 9. infra IV. No Beer or Ale-brewer shall put any Beer or Ale for sale in any vessel which is not marked by the Couper and of the contents above limited â V. Beer and Ale-brewers shall sell their Beer and Ale at such rates as shall be thought fit in the Country by the Justices of Peace and in Corporations by the Head-Officers in pain to forfeit for every Barrel 6 s. Kilderkin 3 s. 4 d. Firkin 2 s. and for every greater vessel 10 s. and every lesser 12 d. VI. The forfeitures abovesaid shall be divided betwixt the King and the prosecutor VII Every Soap-maker shall cause his vessell to be made as followeth viz. every empty Barrel to contain 32 Gallons and to weigh 26 pounds the content of the half Barrel to be 16 Gallons and the weight 13 pound and the content of the Firkin 8 Gallons and the weight six pound and an half in pain to forfeit for every vessel otherwise ordered 3 s. 4 d. VIII The Wardens of the Mystery of Coupers within the City of London taking with them an Officer of the Mayor shall have power to search and gage all vessells made for Ale Beer and Soap to be put to sale within London and the Suburbs and within two miles compass without the Suburbs as well within the Liberties as without and to examine their contents and weight and being found right to mark them with St. Anthonie's cross which searchers shall have for their fee a farthing for every vessel to be paid by the owner thereof and may retain the vessel until the fee be paid and if any be found defective they have power to amend or burn them and the owner of such defective vessel shall forfeit 12 d. to be
remainder to such as the King by his Letters Patents or last will in writing should limit * IV. Stat. 1 El. 1. No forein Potentate or person shall exercise any power within any of the Queen's Dominions and all Ecclesiastical Jurisdiction is annexed to the Crown so that the Queen and her successors by Letters Patents may authorize any Subject born to exercise the same V. For the better observance of this Act every Ecclesiasticall person and every officer both Ecclesiastical and Temporal and all the Queen's servants are enjoyned to take the Oath following VI. I. A. B. do utterly testifie and declare in my conscience that the Queen's Highness is the onely Supreme Governour of this Realm and of all other her Highness Dominions and Countreys as well in all Spiritual or Ecclesiastical things or cases as Temporal and that no forein Prince person Prelate or Potentate hath or ought to have any jurisdiction power supremacie preeminencie or authority Ecclesiastical or Spiritual within this Realm and therefore do utterly renounce and forsake all forein jurisdiction powers superiorities and authorities and do promise that from henceforth I shall bear faith and true allegiance to the Queen's Highness her heirs and lawfull successors and to my power shall assist and defend all jurisdictions priviledges preeminencies and authorities granted or belonging to the Queen's Highness her heirs and successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book VII He that refuseth this oath shall forfeit his Spiritual or Temporal promotion or Office during his life And every person before he be admitted to any such promotion or Office shall take the said oath before such persons as shall have authority to minister the same and in case he refuse it he shall be adjudged uncapable of such promotion or office VIII Every person suing Livery or Oustre le main doing homage to the Queen received into the Queen's service taking orders or degrees in the Universitie shall take the said oath the first three before the Lord Chancellor or Keeper of the Great Seal the fourth before the Ordinary or Commissary and the last before the Chancellor or Vice-chancellor or their Deputies IX Provided if any having a Temporal Office of inheritance shall at first refuse to take the said oath and yet doth afterwards take it he shall be restored to his office X. None shall affirm or maintain the power or jurisdiction of any forein Prelate or Potentate within the Queen's Dominions in pain to forfeit all his goods and chattels and if he be not worth 20 l. at the time of his conviction he shall forfeit all he hath and besides suffer one whole year's imprisonment without bail and here for the second offence he shall incurre a praemunire and for the third shall be adjudged guilty of High Treason but this offence must be prosecuted within one year after it is committed and if the offence be by preaching teaching or words onely the prosecution by indictment shall be within six months otherwise the offender shall be set at liberty XI If he be a Clergie-man beneficed upon the first conviction all his spiritual promotion shall be void XII A Peer of the Realm guilty of such an offence shall be tried by his Peers XIII No Act for any matter of Religion or cause Ecclesiastical made by this Parliament shall be adjudged any errour heresie or Schism neither shall any person to whom the Queen her heirs and successors shall give authority to execute spiritual jurisdiction have power to adjudge any matter to be Heresie save onely such as have been so adjudged by Can. Scripture or by one or more of the General Councils or shall be so adjudged by the Parliament with the assent of the Clergie in their Convocation XIV No person shall hereafter be indicted or arraigned for any of the offences made by this Act but by two or more sufficient witnesses to be produced viva voce to testifie the same XV. No person shall be questioned for relieving aiding or comforting any such offender unless it be testified by two witnesses at least that at the time of such relief c. he had notice of the offence committed XVI Stat. 1 El. 3. The Parliament acknowledge the Queen to be right heir to the Crown and promise to defend her and the heirs of her body in that estate XVII The limitation of the Crown contained in 35 H. 8.1 shall stand and remain Law for ever and all clauses of Statutes and other things heretofore passed against the same shall be void * XVIII Stat. 5 Eliz. 1. None shall maintain the jurisdiction of the Bishop or See of Rome within any of the Queen's Dominions in pain to incurre a Praemunire both they and their accessaries â XIX Justices of Assize and Just of Peace in Sessions or any two of them 1 Qu. have power to hear and determine this offence and are to certifie such presentments into the King's Bench within 40 days after they receive them if it shall be then Term-time if not then the first day of the Term then next ensuing in pain of 100 l. The Justices of the King's Bench also as well upon such certificate as also before themselves have power to hear and determine the same offence XX. All persons appointed to take the Oath of Supremacie by 1 El. 1. and all other Persons taking orders preferred to any degree in the Universities School-masters publick and private all persons taking any degree of Learning in the Laws in the Innes of Court or Chancery all Attorneys Protonotaries Philizers Sheriffs Escheators Feodaries all persons admitted to any Ministry or Office belonging to the Common Law or other Law or Laws and all Officers and ministers of every Court shall take the said Oath verbatim before they be admitted to exercise their Office ministry or profession which Oath shall be administred in open Court unto the Officers and Ministers of Courts and unto such as belong not to any Court in some open place in the presence of a convenient assembly and before other person authorized to give it by common use commission or otherwise XXI Archbishops and Bishops have power to minister the said Oath within their proper Diocess XXII The Lord Chancellor or Keeper without further warrant may direct Commissions to tender it XXIII None compellable to take this Oath by this Act or that of 1 Eliz. shall refuse to take it in pain to incurre a Praemunire so that they be indicted or presented for such default within a year XXIV Every person having authority to tender this Oath shall within 40 days after the refusal thereof if it be then Term-time if not then the first day of the next Term certifie under his hand and seal the name place and degree of the person so refufing unto the King's Bench in pain of 100 l. And the Sheriff of the County shall impannel a Jury of the same County to inquire
accomplished the age of 16 years doth still continue a Recusant his lands shall not be freed until he do conform and take the Oath of Supremacy as aforesaid XCIII A third part of every Recusant's lands shall remain clear unto him from seizure or extent and the other two parts shall remain in the King's hands both before and after the Recusant's death until the King shall be fully satisfied all the arrearages for the 20 l. a moneth according to 23 El. 1. * XCIV None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion in pain of 100 l. and they which are so sent shall be incapable as to themselves onely of any grant or inheritance due unto them or to others for their use * XCV If a woman or child under the age of 21 years be suffered to pass the Seas without the license of the King or of six of the Privy Council under their hands except Sailors Ship-boys or Merchants Factors or Apprentices the Officers of the âorts shall forfeit their Offices and all their goods the owner of the Ship his Ship and Tackle and every Master or Mariner of or in the Ship all their goods and also suffer a year's imprisonment without bail * XCVI None out of the Universities shall keep School except a Free-School or in some person's house that is no Recusant or by license of the Bishop or Ordinary in pain to forfeit 40 s. a day XCVII The forfeitures of this Act shall be divided betwixt the King and the prosecutor * XCVIII Stat. 3 Jac. 4. A Recusant that conforms shall within one year after and so once every year at least receive the blessed Sacrament in pain to forfeit for the first year 20 l. for the second 40 l. and for every default after 60 l. And if after he hath received it he make default therein by the space of a whole year he shall forfeit 60 l. XCIX These forfeitures may be recovered before Justices of Peace in Sessions or in any other Court of Record and are to be divided betwixt the King and the prosecutor C. The Church-wardens and Constables of every Parish or one of them or if there be none such then the High Constable of the Hundred there shall present once every year at the general Sessions of Peace the monethly absence from Church of every Popish Recusant and their children being above the age of nine years and their servants together with the age of their children as near as they can know them in pain to forfeit respectively for every such default 20 s. Which presentment the Clerk of the Peace or Town-Clerk shall record without fee in pain of 40 s. CI. If upon such presentment being the first the Recusant be convicted the Officer that presents him shall have 40 s. to be levied by warrant upon the Recusant's goods and estate as the more part of the Justices of Peace shall think fit CII Justices of Assize Gaol-delivery and Peace have power to hear and determine of all Recusants and offences as well for not receiving the Sacrament according to this Act as also for not coming to Church according to former Laws and likewise to make Proclamation that they shall tender themselves to the Sheriff or Bailiff of the Liberty where they are before the next Assize Gaol-delivery or Sessions respectively which if they do not that default being recorded shall be taken for as sufficient a conviction of them as a trial by verdict CIII Every offender not repairing to Church as aforesaid after their first conviction shall pay into the Checquer in such of the Terms of Easter and Michaelmas as shall happen next after such conviction the summ then due for the forfeiture of 20 l. a moneth and yearly after that in the same Terms according to the rate of 20 l. a moneth except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof or that they conform themselves and come to Church CIV Every conviction shall before the end of the Term next following be certified into the Exchequer in such convenient certainty that the Court may thereupon award process for the seizure of all the offender's goods and two parts of his lands and leases in case the 20 l. a moneth be not paid as aforesaid CV The King may refuse 20 l. a moneth and take two third parts of his lands and leases but here he shall not include the Recusant's Mansion-house nor demise his two parts to a Recusant or to any other for a Recusant's use And the King's Lessee for his two parts shall give such security against committing of waste as by the Court of Exchequer shall be thought sufficient CVI. It shall be lawful for the Bishop of the Diocess or two Justices of the Peace 1. Qu. out of Sess to tender the Oath hereafter following to any person eighteen years old or above except noble men and noble women which stand convicted or indicted of Recusancy hath not received the Sacrament twice in the year next before or passing through the Country and examined upon oath confesseth or at least denieth not that he or she is a Recusant or that he or she hath not received the Sacrament twice in the year next before which Bishop or Justices shall certifie the name and dwelling of the person so taking the same oath at the next Ses where the Clerk of the Peace or Town-Clerk shall record them CVII If the parties refuse to answer upon oath or to take the oath aforesaid tendred unto them the Bishop or Justice aforesaid shall binde them over to the next Ass or Sess where if they again refuse it they shall incur a Praemunire except women covert who in that case shall onely suffer imprisonment till they take it The Tenor of the Oath is as followeth CVIII I A. B. do truly and sincerely acknowledge profess testifie and declare in my conscience before God and the world that our Sovereign Lord King James is lawful and rightful King of this Realm and of all other his Majesty's Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesty's Kingdoms or Dominions or to authorize any forein Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their allegiance or obedience to his Majesty or to give licence or leave to any of them to bear arms raise tumults or to offer any violence or hurt to his Majesty's Royal person state or government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his
pain to incurr a Praemunire Vide infrá CXXVII The Warden of the Cinque-ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them or any of their members CXXVIII Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest or any which have heard or said Mass shall have a third part of the forfeiture due for the same offences if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same CXXIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Council under their hands in pain of 100 l. to be divided betwixt the King and the discoverer CXXX A Popish Recusant convicted or indicted or any person not coming to Church by the space of three moneths together which remains in London or within 10 miles distance thereof shall within ten daies after such conviction or indictment depart from thence and also shall deliver their names in London to the Lord Mayor there and in the County to the next Justice of Peace in pain of 100 l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Trades-men or such as have no other habitation then in London or within 10 miles distance as aforesaid CXXXI It shall be lawful for a Recusant to go about his necessary occasions as far as a licence obtained from the King or from three of the Privy Council under their hands or four of the next Justices of Peace under their hands and seals with the assent in writing of the Bishop Lievtenant or Deputy-Lievtenant of the same County shall give him leave notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causless stays CXXXII No convicted Recusant shall practise the Common Law Civil Law Physick or Art of Apothecary or be an officer of or in any Court or bear any office amongst Souldiers or in a Ship Castle or Fortress in pain of 100 l. to be divided betwixt the King and the prosecutor CXXXIII No Popish Recusant convict or whose wife is a Popish Recusant convict shall exercise any publick office in the Commonwealth by himself or his Deputy unless he bring up his children in the true Religion and together with his children and servants repair to the Church and receive the Sacraments at such times as by the Law are limited CXXXIV A married woman being a Popish Recusant convict her husband being none that doth not conform her self as aforesaid by the space of one whole year before her husband's death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husband's goods CXXXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate until he shall conform go to Church receive the Sacraments and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands CXXXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawful Minister according to the Orders of the Church of England shall not be tenant by the Courtesie and a woman also in this case shall be disabled to enjoy her Dower Joynture Widow's estate or any of her husband's goods And where a man cannot be tenant by the Courtesie he shall forfeit 100 l. to be divided betwixt the King and the prosecutor CXXXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister in pain to forfeit 100 l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into three parts whereof the King shall have one the prosecutor another and the poor of the Parish the third CXXXVIII Every Popish Recusant shall be buried in the Church or Church-yard and according to the Ecclesiastical laws of this Realm in pain that his Executor Administrator or the party that caused him to be otherwise buried shall forfeit 20 l. to be divided into three parts and dispersed as aforesaid CXXXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond Sea without license of the King or six of the Privy Council whereof the principal Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen years of age or above he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid CXL A Popish Recusant convict shall be disabled to present to a Benefice but in stead of him the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively For which see the Statute at large Howbeit they shall not conferr it upon a man already beneficed CXLI A Popish Recusant convict shall not be an Executor Administrator or Guardian but the next of kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an Heir or orphan in that case CXLII A grant of the King's ward to a Popish Recusant convict shall be void CXLIII None shall bring from beyond Sea print sell or buy any Popish Primers Ladie 's Psalters Manuals Rosaries Popish Catechisms Missals Breviaries Portals Legends or Lives of Saints in what Language soever they shall be printed or written nor any other superstitious Books printed or written in the English tongue in pain to forfeit 40 s. for every such Book to be divided into three parts and imployed as aforesaid CXLIV Two Justices of Peace and all Mayors Bailiffs and Head-officers have power to search the houses and lodgings of Popish Recusants convict and of every person whose wife is a Popish Recusant convict for Popish books and reliques and to burn and deface such as they shall find in their custody but such as are of value shall be defaced in open Sess and afterward restored to the owner CXLV All the Armour Gunpowder and Munition of a Popish Recusant convict shall be taken from him by warrant from four Justices of Peace at the General Sess other
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
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
may be used in dying upon woaded wool and of cloth made onely of woaded wooll the said wool and cloth being perfectly boyled and maddered cork also may be put upon cloth perfectly boyled and maddered XXXVI Every piece of cloth shall be perfectly wrought throughout the whole piece according to the same order of workmanship XXXVII If any difference in weaving fulling knotting or barking or any raw skaw cockle or flag happen therein a seal of lead shall be hanged on the lowest part of the edge thereof to the end the buyer may take notice thereof XXXVIII Clothes Streats and Kerseys of a true length breadth and making shall be sealed at the end thereof with a double print of lead XXXIX Clothes Streats and Kerseys not containing the due length and breadth or not perfectly made and two parts thereof perfectly made keeping their said length and breadth every such peice shall be sealed in form aforesaid XL. If a Cloth Streat or Kersey be longer then an half cloth and shorter then an whole one and yet have the true breadth and be perfectly wrought it shall have a seal differing from the other two abovesaid and fixed to the end thereof XLI A Cloth Streat or Kersey less then an half Cloth shall be sealed at the end thereof by a seal differing from all the rest XLII All the said seals are to be ordained by the Lord Treasurer for the time being who hath power to make as many Keepers of them as he shall think necessary so as one of them be Aliens XLIII These Keepers shall yearly render an account of the revenue of their Offices without paying any fees for the same and shall also be rewarded by the Treasurer and Barons according to their labour and diligence XLIV If any of the said Keepers be sound faulty or corrupt in his Office refuse to seal extort more then his due fees or refuse to shew his Commission upon sealing or measuring any such cloth he shall forfeit twenty shillings to be divided betwixt the King and the prosecutor and to be recovered in the Exchequer XLV This Statute and others heretofore made and in force which concern the premisses shall be inserted in every such Keeper or Aulnagers ' Commission XLVI The Clothier shall pay to his work-folks their wages in ready mony and not in wares as formerly in pain to forfeit to such work-folks treble dammages and shall deliver them wooll according to due weight in pain to forfeit 6 d. for every such default XLVII Every Carder Spinster Weaver Fuller Shearman and Dyer shall duely perform their duty in their occupation in pain to forfeit double dammages to the party grieved and every Fuller in Fulling Rowing or tazeling of Cloth shall use tazels and not Cards in pain to yield double dammages to the party grieved XLVIII Every Justice of Peace Constable of an Hundred or Steward of a Leet out of Corporation and in Corporations every Head-Officer or Officers where no Master is and every Master shall hear and determine such complants as well concerning the non-payment of the Labourer's wages as the dammages aforesaid for which said dammages they shall also have power to-commit the offender to prison until the party grieved be satisfied XLIX The said Justice and Officers have power at the instance of any other person to inqure after and punish such offenders by inflicting 3 s. 4 d. upon them to be paid to the King or other Lord of the Liberty where such offence is committed L. No Cloth made in any other Region except in Wales Ireland or taken at Sea without fraud shall be brought into England to be sold in pain to forfeit the same LI. Stat. 7 E. 4.2 The inhabitants of the hundreds of Lifton Tavestock and Rouburgh in Devon may put flocks into their cloths notwithstanding the Statute of 6 E. 4.1 Vide supra * LII Stat. 17 E. 4.3 No person Denizon or Stranger shall carry beyond Sea any Woollen Yarn or cloth not fulled in pain to forfeit the value thereof to be divided betwixt the King and the prosecutor LIII Stat. 7 E. 4.5 Woolen clothes half clothes Streats and Kerseys being perfect in making and measure shall be sealed with wax at both ends except in London and Bristol which shall be sealed with lead LIV. The Lord Treasurer hath power to let to farm the Subsidy and Aulnage of clothes and also the moiety of all forfeitures of clothes not duly sealed for which they shall be accomptable in the Exchequer * LV. Stat. 1 R. 3.4 Broad-cloth shall be fully watered before it be put to sale and every whole cloth and also Broad-cloth being watered ready for sale shall contain in length 24 yards cach yard having a man's inch added thereunto to be measured by the crest and shall also contain in breadth two yards within the lists LVI Every half such cloth shall contain in length 12 yards with inches and to be measured by the crest as aforesaid and in breadth two yards within the lists LVII The half cloth shall not exceed 16 yards in pain of cutting the whole cloth in three pieces and the half Cloth in two pieces and to lose for every whole Cloth 6 s. 8 d. and for every half cloth 3 s. 4 d. not fully watered or not keeping the said measures LVIII If a whole cloth or half cloth exceed these measures the buyer shall pay for the excess Howbeit the half cloth must not pass 16 yards LIX Streats shall contain in length 12 yards with inches as aforesaid and in breadth one yard within the lists in pain to have each of them cut in two pieces and besides to forfeit for each of them 20 d. LX. Kerseys shall contain in length 18 yards with inches as aforesaid and in breadth one yard and a nail at least in pain to have them cut as aforesaid and to forfeit for each of them three shillings four pence LXI The Lord Treasurer shall appoint seals for cloth to be made having the King's arms printed on the one side and the arms sign or token of the City Burrough or Town or the name of the County where they are made on the other side LXII The Lord Treasurer shall make none Aulnager Sealer or Keeper of the seal but him that is expert in cloth-working and worth 100 l. at least and the officer so deputed shall sell no cloth but such as is made within the limts of his deputation in pain to forfeit to the King for every whole cloth 5 marks for an half cloth 33 s. 4 d. for a Streat 20 s. and for a Kersey 10 s. LXIII None shall set or draw in length or breadth any cloth fully watered by tentoring or otherwise in pain to forfeit the same LXIV None shall set cast or put upon cloth any flocks chalk or other deceitful thing in pain of 40 s. for every cloth so used LXV No Shear-man or other shall shear or cancel any cloth not fully watered upon the like pain
to be paid by the maker ob Vineger beer by the common brewer every barrel 6 d. Every gallon of Strong-water or Aquavitae sold to be paid by the maker 1 d. Every barrel of Beer imported from beyond Sea 3 s. Every tun of Sider or Perry imported 5 s. Every gallon of Spirits made of Wine or Sider imported from beyond Sea 2 d. Every gallon of Strong-water imported 4 d. Every gallon of Coffee sold to be paid by the maker 4 d. Every gallon of Chocolate Sherbet and Tea sold by the maker 8 d. II. The rates upon forein liquors imported shall be paid by the Merchants importing in ready money before landing thereof III. All common Brewers of Beer and Ale shall once in every week And all Inn-keepers Alehouse-keepers Victuallers and retailers of Beer Ale Sider Perry Metheglin and Strong-water every moneth make particular entries thereof at the office of Excise within their limits IV. All common Brewers for omitting such entries shall forfeit 10 l. Inn-keepers 5 l. and Alehouse-keepers 20 s. for every default V. Common Brewers not paying their duties within a week after entrey shall pay double the value Inn-keepers Alehouse-keepers Victuallers and retailers not paying within a moneth after entrie shall pay double the value VI. Provided none dwelling in Market-towns be compelled to make entries or payment but in the said Town none other dwelling out of such Market-town but in the next Market-town to the place where he inhabiteth VII The Commissioners and Sub-commissioners appointed by the King may under their hands and seals appoint so many Gagers as shall be needfull who may enter into the houses of Brewers Inn-keepers c. to gage all Coppers Fatts and Vestels in the same and thereof make return in writing to the Commissioners and Sub-commissioners of Excise under whose office and limits they live and upon refusal may forbid the parties to sell any Beer c. and 10 l. forfeiture if the party shall afterwards sell VIII The Gagers shall return 36 gallons after the Ale-quart for a Barrel of Beer IX Brewers and Retailers shall observe the usual prices saving the Excise to the Brewer X. Allowance shall be made to the Brewers for wast and leakage viz. 3 barrels upon 23 for Beer and 2 barrels upon 22 for Ale which upon false entry proved before the Commissioners of Excise or any 2 of them the Brewer shall lose and forfeit the said allowance for 6 moneths XI Brewers shall deliver no Beer to Retailors until the Excise be paid Provided persons being no common Brewers paying the Excise shall not be subject to the penalties in this Act. XII Commissioners may compound for the Excise with Inn-keepers Alehouse-keepers and Victuallers within their devisions XIII The Lord Treasurer or such Commissioners as the King shall appoint may contract with persons for the farming any the rates or duties in this Act for any term not exceeding 3 years XIV Provided persons to be appointed by the Justices of the Peace within six moneths after this Act to have the refusal of contracting for the Excise in their respective Counties XV. Forfeitures and offences upon this Act in London shall be heard and determined before the Commissioners of Excise or Commissioners of Appeal and in the several Counties before 2 Justices of the Peace and upon their neglect or refusal by 14 days space after complaint and notice to the offendor then the Sub-commissioners for the Town or place c. or major part of them to hear and determine the same saving an appeal in case of wrong to the quarter Sessions who are to summon the parties and may proceed to levy the forfeitures within this Act. XVI Provided the said forfeitures and penalties may be mittigated or compounded 3 fourth parts of which shall go to the King and one fourth to the informer XVII One principal office of the Excise erected in London to be mannaged by such officers as the King shall appoint XVIII None shall be capable to meddle in any office of the Excise until he shall before 2 Justices of the Peace or one of the Barons of the Exchequer take the Oath of Supremacy and Allegiance and the Oath following You shall swear to execute ãâ¦ã truely and faithfully without favour or affection and shall from time to time true accompt make and deliver to such person and persons as his Majestie shall appoint to receive the same And shall take no fee or reward for execution of the said office from any other person then from his Majesty or those whom his Majesty shall appoint in that behalf XIX London Westminster Southwark and Parishes under the bills of Mortality shall be under the goverment of the head office and be open at certain times of the day XX. The General issue may be pleaded in any action brought against persons doing any thing in execution of this Statute and the defendant upon nonsuit or verdict for the the defendant to return double costs XXI Writs of raciorari shall supersede no proceedings See Accompt num XI XXII See Stat. 1. 5 Car. 2. cap. 12. Stat. 3. An additional Act for better ordering and collecting the duty of Excise and preventing the abuses therein and Stat. 15 Car. 2. cap. 13 Stat. 3. An explanation Act for recovery of the Areares of Excise not pardoned by the Act of Oblivion XXIII Stat. 16. 17 Car. 2. cap. 4. After the 8 of November 1665 all Farmers of Excise or any of them within their respective devisions may use and put in execution all such powers as Commissioners or Sub-commissioners of Excise may by several Statutes for Excise for the levying the same Except the judicial part for determining offences and imposing or mitigating or compounding fines or penalties Excommunication I. Sententia lata super Chartas 38 H. 3. Vide Rast Excom 1. In the year 1254 by the concent and in the presence of the King the Lords and other estates of the Realm Boniface Arch-bishop of Canterbury and all the other Bishops then present being apparelled in Pentisicals with tapers burning do in Westminster hall solemnly denounce a heavy curse and Excommunication against all such as shall violate or break the liberties of the Church or Customs and Liberties of the Realm and especially contained in Mag. Char. and Cart. de Foresta II. Articuli Cler. 7. 9 E. 2. The King's letters that Ordinaries shall absolve excommunicate persons shall not issue forth any more unless it be found that the King's liberty is prejudiced by such Excommunication III. Articuli Cler. 12 9 E. 2. The writ of Excommunicato capiendo shall not be denyed for the priviledge of being of the King's tenure and that the party ought not to be cited out of their Parish IV. Stat. 9 E. 3. Writs are ordained for the Bishops to excommunicate all perturbers of the peace of the Church and King felons maintainers and conspirators of felonies false Jurors and maintainers of false quarrels every Sunday and double feasts c. in
runneth not it shall be directed to the Sheriff of the County next adjoyning thereunto VIII By this Writ the Sheriff shall make three Proclamations at three several days viz. twice in full County and once at the general Sessions that the defendant shall yield himself unto him and it shall have the same day of return with the Exigent IX This Writ shall be delivered of record to the Sheriff or his Deputy who shall duly execute the same in pain of amerciament and the officer that makes the Exigent shall also make the writ of Proclamation for which his fee is 6 d. X. All outlawries otherwise obtained are null and may be voided by averment without suing of any writ of errour XI Stat. 1 E. 6.10 The Statute of 6 H. 8.4 shall be observed in Wales and in the County and City of Chester as well as in other parts of the Realm of England XII The Sheriff of Wales and of Cheshire and Chester shall have Deputies in the King's Bench and Common Place as other Sheriffs have and upon like penalties XIII All processes against any outlawed person in Wales shall be directed to the Sheriffs in Wales as immediate officers to the King's Bench and Common Pleas and may be delivered of Record to their said Deputies in Court and shall be duly executed and returned by those Sheriffs upon the pain above limited who shall also for a false or non-return forfeit 5 l. to be divided betwixt the King and the prosecutor XIV This Act shall not infringe any franchises and liberties in Wales otherwise then by the true meaning thereof is provided Nor yet of any Lord Marcher there but that they and their heirs may injoy the same liberties as before XV. Stat. 5 6 E. 6.26 The like Statute is made for the County Palatine of Lancaster save onely that all processes against any outlawed person there shall be first directed to the Chancellor of that Dutchey who shall thereupon make like writs and processes to be sealed with that seal and directed to the Sheriff of that County Palatine as heretofore hath been used XVI Stat. 31 El. 3. In every action personal where an exigent shall be awarded a writ of proclamation shall be also awarded and issue out of the same Court of the same teste and return with the exigent and shall be delivered of Record and directed to the Sheriff of the County where the defendant at the time of the exigent was dwelling and shall contain the effect of the same Action XVII The Sheriff shall thereupon make three Proclamations viz. one in a full County another at the Sessions and the last one moneth at least before Quinto exact by vertue of the said exigent at or near the Church or Chappel-door of the Parish where the defendant was dwelling at the time of awarding the same exigent upon a Sunday after Divine service and Sermon or in case there be no Sermon after Divine service And if he dwell in no Parish then in the Parish next adjoyning his place of abode and all outlawries otherwise had shall be void XVIII The officer for making the exigent and Proclamations may take such fees for the same as are limited by the Statute of 6 H. 8.4 and the Sheriff for making the Proclamation at the Church-door shall have 12 d. XIX In real actions after summons upon the land 14 days at least before the return thereof Proclamation of the summons shall be made upon a Sunday in form aforesaid in the Parish where the land lies which Proclamation shall be returned with the name of the summoners XX. If the summons be not so proclaimed no Grand cape shall be awarded but an Alias and Pluries summons until a summons and Proclamation be duly made according to this Act. XXI Before allowance of a writ of errour or reversing of an outlawry by plea or otherwise the defendant in the original action shall put in bail to appear and answer the Plaintiff and also to satisfie the condemnation if the Plaintiff begin his suit before the end of two terms next after the allowance of the said writ or avoiding the Outlawry â Extortion * I. West 1 26. 3 E. 1. No Sheriff or other Officer of the King shall take any reward to do his office but shall be paid by the King and if they do so he shall render the double and be punished at the King's will II. West 1.27 3 E. 1. Clerks shall not commit extortion in pain to lose the service of their Master for one year III. West 1.29 3 E. 1. Officers Cryers of fee and Marshals of Justices in Eyre shall not commit Extortion in pain to render the treble and to be otherwise punished at the King's will IV. Stat. 28 H. 6.5 Merchants being distrained or arrested by Officers of the Custom for undue charges and impositions may have their general actions of trespass against such offenders and shall in that case recover 40 l. dammages if they pursue their actions within two moneths V. If they pursue them not within that time any other may do it by Action of Trespass also wherein they shall also recover 40 l. dammages to be divided betwixt the King and such prosecutor Fairs and Markets I. THe Statute of Winchester cap. 6. 13 E. 1. Fairs and Markets shall not be kept in Church-yards II. Stat. 2 E. 3.15 No person shall keep a Fair longer then he ought to do in pain to have it seized into the King's hand until he have made fine for so doing III. Every Lord at the beginning of his Fair shall cry and publish how long it shall indure in pain to be grievously punished IV. Stat. 5 E. 3.5 Merchants after the Fair ended shall close their shops and sell no ware then after in pain to forfeit to the King the double value of the ware so sold whereof the prosecutor shall have a fourth part V. Stat. 27 H. 6.5 Fairs and Markets shall not be kept upon Ascention day Corpus Christi Whitsunday Trinity-sunday the Assumption of the Virgin Mary All-saints Good-friday nor any Sundays the four Sundays in Harvest onely excepted in pain to forfeit the wares so shewed to the Lord of the Franchise there VI. Howbeit they may be kept within 3 days next before or after the said days Proclamation thereof being made before-hand which is to be certified without fine or fee to the King And such as have by special grant sufficient days before or after the said Feast may keep them their full number VII Stat. 17 E. 4.2 No Steward of a Pipowder's Court shall hold plea upon any Action unless the Plaintiff or his Attorney in the presence of the defendant do first swear that the matter of the Declaration was done within the jurisdiction and time of the Fair. And yet the defendant may nevertheless profer an issue against such oath and if it be tried or the Plaintiff or his Attorney refuse to swear the defendant shall be discharged VIII If any
having lands or goods or being heir apparent to her Ancestors And the procurors abettors and receivers in such an offence shall be also deemed principal felons Howbeit this shall not extend to any that takes a woman claiming her as his ward or bond-woman VII Stat. 3 H. 7.14 It is felony for any of the King's servants sworn to conspire the destroying of the King any Lord Privy-Councellor sworn Steward Treasurer or Controller of the King's houshold being thereof convicted by 12 of the said Houshold before the said Steward Treasurer and Controller or two of them who have power to determine the matter according to law VIII Stat. 21 H. 8.7 Servants that go away with or otherwise embezil their masters or mistresses goods to the value of 40 s. worth with an intent to steal them being put in trust therewith shall be punished as felons To continue till the next Parliament But see the Statute IX Stat. 22. H. 8.11 It shall be felony to break down Powdike in Marshland in Norfolk or Olafield Dike by Marshland in the Isle of Ely X. Justices of Peace there have power to hear and determine the said offence XI Stat. 25 H. 8.6 Euggery is made felony and the offender therein shall not have his Clergy XII Justices of Peace have power to inquire of hear and determine this offence XIII This Statute was but to continue till the next Parliament Vide infraÌ XIV Stat. 1 E. 6.12 Wilful killing by poysoning shall be adjudged Murther and their Aiders Abettors Procurers and Counsellors shall suffer death and forfeit as in cases of wilful Murther XV. All offences made felony by Statutes since 23 April 1 H. 8. not being felony before are repealed Howbeit divers of them are revived by other Statutes made since that time XVI Stat. 1 M. Sess 1. All offences made felony or within the case of Praemunire by any Act since the first day of 1 H. 8. not being felony or within the case of Praemunire before and every branch of such Acts concerning the making of any offence felony or within the case of Praemunire not being so before and all pains and forfeitures concerning the same are repealed and made void But diverse of those Acts have been since revived which see in their proper places XVII Stat. 5 El. 10. The Statute of 21 H. 8.7 is revived and made perpetual VIII Stat. 5 El. 17. The Statute of 21 H. 8.6 is revived and made perpetual XIX Stat. 43 El. 13. In the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresm the carrying away or detaining of any person against his or her will the assenting or ayding to any such taking or detaining the receiving or carrying of Black Mail the giving of Black Mail for protection or the burning of Barns or Stacks of Grain shall be adjudged felony without Clergy which the Justces of Assize Gaol-delivery and Peace have power to hear and determine XX. The names of persons outlawed there for felony shall be delivered by the Clerks of the Peace to all Sheriffs Mayors and other head officers to be proclamed throwout all the said Counties and with them none shall have converse in pain to suffer 6 moneths imprisonment and not to be inlarged till surety be given for the good behaviour during one whole year after such imprisonment XXI Justices of Assize Gaol delivery Oyer and Terminer and of Peace have power to punish the negligence of officers in this behalf XXII This Act shall not impeach the authoriy of the Lord Wardens of Marches XXIII Stat. 21 Jac. 26. It is felony without benefit of Clergy to acknowledge or procure to be acknowledged any Fine Recovery Deed enrolled Statute Recognizance Bail or Judgment in the name of any person not privy or consenting thereunto Howbeit this offence shall not corrupt the bloud nor take away dower neither shall it extend to judgment acknowledged by an Attorney of record for another person Fens See Marshes â Fesants and Partridges * I. Stat. 11 H. 7.17 None shall take Fesants or Partridges with engines in another's ground without licence in pain of 10 l. to be divided betwixt the owner of the ground and the prosecutor II. None shall take out of the nest any eggs of Faulcon Goshawk Lanner or Swan in pain of a year and a days imprisonment and to incur a fine at the King's pleasure to be divided betwixt the King and the owner of the ground where the eggs shall be so taken III. None shall bear any Hawk of English breed called an Eyesse Goshawk Tassel Lanner Lanneret or Faulcon in pain to forfeit the same to the King IV. He that brings an Eyesse Hawk from beyond the Sea shall have a Certificate under the Customer's Seal where he lands or if out of Scotland then under the Seal of the Lord Warden or his Lieutenant testifying that she is a ferein Hawk upon the like pain of forfeiting the Hawk V. None shall take kill or fear away any of the hawks abovesaid from the Coverts where they use to breed in pain of 10 l. to be recovered before Justices of Peace and divided betwixt the King and the prosecutor * â VI. Stat. 23 El. 10. None shall kill or take any Feasants or Partridges with any Net or Engine in the night-time in pain to forfeit for every Fesant 20 s. and for every Partridge 10 s. which if the offender pay not within 10 days he shall suffer one moneths imprisonment without bail and enter into bond for two years onely with good sureties before some Justices of Peace not to offend in the like kind VII The forfeiture aforesaid shall be recovered in any Court of Record and divided betwixt the Lord of the Liberty or Mannor where the offence is committed and the Prosecutor but in case the Lord shall dispence with the offender the poor of the Parish are to have his moiety to be recovered by any of the Church-wardens VIII None shall hawk or hunt with his Spaniels in standing grain or before it is stocked except in his own ground or with the owners consent in pain to forfeit 40 s. to the owner of the said ground to be recovered as aforesaid IX Justices of Assize Justices of Peace in Sessions and afterwards Stewards in Leets have power to hear and determine these offences and one Justice of Peace may examine such an offender and bind him over with good sureties to answer it at the next general Sessions if the offence be not before determined at the Assizes or in a Leet X. This Act shall not restrain Fowlers which unwillingly take Fesants or Partridges and forthwith let them âo atlarge * XI Stat. 1 Jac. 27. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have killed or taken any Fesant Partridge Pigeon Duck Heron Hare or other game or to have taken or destroyed the eggs of Fesants Partridges or Swans shall by the said Justices
All fines whereupon Proclamations are not duly made by reason of the adjournment of any term by Writ shall be good as if that term had been holden from the beginning to the end and Proclamations therein made according to the Statute 4 H. 7.24 XXXIV This Act shall not extend to any fine heretofore levied of lands now in suit or heretofore lawfully recovered by judgment or otherwise XXXV Stat. 35 El. 2. Fines in the Common Pleas shall be proclaimed four times onely viz. once in the Term wherein the fine is ingrossed and once in each of the three Terms then next following â Fines to the King I. Magna Chart. 26. 9 H. 3. Nothing shall be given for a Writ of Inquisition nor taken of him that prayeth Inquisition of life or member but it shall be granted freely and not denied First-fruits and Tenths I. Stat. 26 H. 8.3 The first-fruits and profits for one year of every spiritual living is granted to the King which every spiritual person shall pay or secure by bond before his actual possession of his Benefice II. Search for the value of Benefices and composition for the First-fruits thereof shall be made by the Lord Chancellor Master of the Rolls and other Commissioners to be appointed by the King for that purpose and the money and securities taken upon such Compositions made before the Chancellor and Master of the Rolls only shall be paid and delivered unto the Clerk of the Hanaper for which he shall render account as he useth to do for other profits of the Great Seal but being made before other Commissioners shall be paid and delivered unto the Treasurer of the King's Chamber or such other person or persons as the King shall authorize under the Great Seal for that purpose to receive the same III. Acquittances for the receit of any money paid for First-fruits under the hands of the Clerk of the Hanaper Treasurer of the King's Chamber and the Commissioners or any of them shall be a sufficient discharge for the same in any of the King's Courts IV. An obligation for First-fruits shall be of like force as a Statute-staple and no more shall be so taken for such an Obligation then 8 d. and 4 d. for an Acquittance V. The Commissioners shall every six moneths deliver by Indenture unto the Treasurer or other person or persons authorized as aforesaid such money and specialties as they shall receive and in case they do not or do conceal them they shall forfeit their office and be fined at the King's pleasure VI. If any be convicted by presentment verdict confession or witness before the Lord Chancellor or other Commissioners to have entred upon any spiritual living before payment or composition made as aforesaid he shall forfeit the double value of the First-fruits VII All First-fruits heretofore payable to other persons shall be from henceforth paid to the King VIII Provided that Bishops may give institution and induction Notwithstanding this Act. IX A rent of pension out of every spiritual living amounting to the tenth part of the annual value thereof shall be yearly paid unto the King at Christmas and the Collector thereof shall pay them in yearly befor the first of April X. The Lord Chancellor shall appoint Commissioners in every Diocess for the Discovery of the yearly value of every spiritual living there and to make Certificate thereof as also of such deductions as are to be made out of the same which Commissoners shall be aforehand sworn by Dedimus potestatem duely to execute their Commmissions XI Every spiritual person shall be charged for his tenth in the Diocess where he is albeit their possessions ly elsewhere XII Bishops shall be charged with the Collection of all the tenths within their respective Diocesses and shall make payment thereof yearly before the first of April unto the Treasurer of the King's Chamber or other person authorized to receive the same and upon non-payment thereof process shall issue out of the Exchequer against them XIII Bishops shall have power to levy the Tenths by Censures of the Church distress or otherwise and no replevin prohibition supersedeas or other writ or impediment shall be allowed to hinder the same XIV During the vacation of a Bishoprick the Dean and Chapiter shall be charge therewith XV. If tenths being due shall not be paid within 40 days after demand thereof made by the Bishop or his officers the Incumbent so making default after certificate thereof into the Exchequer under the Seal of the Bishop shall be adjudged deprived ipso facto of all such Benefices as he hath at the time of such certificate made or at any time after and the Benfice or Benefices which he so hath shall be adjudged void as if he were dead XVI The Bishop making such certificate shall be discharged of so much as is certified to be unpaid for the recovery whereof process shall issue out of the Exchequer against the Incumbent his Executors or Administrators or rather then the King should lose it against his successor XVII The Acquittances of the Treasurer of the King's Chamber or other Commissioners authorized to receive the tenth and all such certificates as aforesaid shall be allowed in all Courts without further warrant XVIII No Officer of the Exchequer shall take any thing of the Bishop or his Collector for his Account or Quietus est in pain to lose office and to be fined at the King's will XIX They which pay pensions to others out of their spiritual livings may retain the tenth part thereof and shall be therein protected by plea upon this Act. XX. No pension shall be reserved upon the resignation of a Benefice above the value of the third part thereof XXI They who in one Corporation aggregate of many have several and distinct possessions belonging to their respective dignities shall only pay for their own possessions and not for those of others XXII No First-fruits shall be paid for a Benefice being not above the yearly value of 8 marks except the Incumbent live three years after his Induction or Collation thereunto and there shall be an exception inserted in the Obligation that in case he live not out those three years the Obligation shall be void but if he outlive them the First-fruits shall be paid by him his Executors or Administrators XXIII Fees payable by any Bishop or other Prelate for temporal Justice shall be defalked out of the valuation of their several dignities XXIV Stat. 26 H. 8.17 Farmers of spiritual persons shall not be compelled to pay First-fruits or Tenths for their lessors XXV Stat. 27 H. 8.8 Every spiritual person at his entry into specialty for the payment of his First-fruits shall have deduction of the tenth part thereof in respect of the tenth which shall be by him payable that year XXVI Where the last incumbent leaves the tenth unpaid the successor may distrain the said incumbents goods found upon the Benefice and keep them until the Incumbent if living or if dead
Yarmouth and not above X. Two lasts of shotten Hering fresh shall be equal in price with one last of full Hering and two lasts of shotten Hering red shall be sold a Mark dearer then a last of full red XI The Pikers shall buy their Fish at Kirkley or else where upon the Coast but not to unfurnish the said Fair for the residue shall be brought to the Fair and none shall sell Hering within seven miles of Yarmouth but within the three Towns thereof unless it be Hering of their now Fishing XII The Barons of the five Ports are to have the government of the Fair and this ordinance for buying and selling of Hering shall be observed in all other Towns where hering is taken and old XIII Stat. 31 E. 3. Stat. 2.3 The Chancellor and Treasure taking to them Justices and others of the King's Council shall ordain remedy touching the buying and selling of Stock-fish of St. Botulfe Salmon of Barwick Wines and Fish of Bristrute and elsewhere * XIV Stat. 31 E. Stat. 3.1 Doggers and Land-ships of Blackney Haven and the Coast thereabouts shall discharge their Fish in the same Haven and not elsewhere in pain of imprisonment at the King's will and to forfeit their Fish and it shall be sold on Ship-board XV. Stat. 31 E. 3. Stat. 3.2 The ordering and prizing of Dogger Fish and Loch-fish at Blackney Fair in Norfolk XVI None but Masters of Ships and Marriners that exercise Fishing shall buy nets or hooks in Norfolk to Fish withall XVII Stat. 35 E. 3. All persons may buy Hering in the Fair-time at great Yarmouth openly and not privily XVIII No man shall enter into a bargain of Hering untill the first chapman hath done with it XIX A Fisher may sell his hering at any time when he cometh with it XX. Stat. 13 R. 2.19 No Fisher shall use any Engine by which the fry of Fish may be destroyed upon the pains mentioned in the State of West 2.47 XXI Salmons in Lancashire shall not be taken betwixt Michaelmas and Candlemas XXII Conservators shall be sworn to see this Statute observed and the offenders punished XXIII Stat. 17 R. 2.9 Justices of Peace shall be Conservators of the Statutes of West 2.47 13 R. 2.19 and shall have power to search all wares least by their straitness the fry of Fish may be destroyed XXIV Justices of Peace shall have power to appoint and swear under-Conservators to hear and determine in Sessions offences of this kind and to punish the offenders by imprisonment and fine whereof the under-Conservators which informes is to have half XXV The Mayor or Warden of London hath like power in Thames from Stains to London and in Medeway as far as the Citizens grant extends * XXVI Stat. 22 E. 4.2 None shall sell or set to sale any Salmon by vessel before it be viewed unless the But contain 84 gallons the Barrel 42 gallons and the half Barrel 21 gallons well packed in pain to forfeit for every vessel 6 s. 8 d. And it shall not be sold or put to sale in any vessel unless it be well packed viz. the great Salmon by it self without mingling any grills or broken-bellied Salmon therewith and the small Fish called grills shall be packed by themselves without such mingling in pain to forfeit for every vessel otherwise packed and set to sale 6 s. 8 d. XXVII None shall set any Hering to sale in vessel ãâã the Barrel contain 32 gallons and the half Barrel and Firkin accordingly They shall also be well packed of one times racking and saltting and as good as well packed in the midst as at the ends in pain to forfeit for every vessel wanting measure 3 s. 4 d. and as much for not being packed according to this Act. XXVIII None shall set to sale any Eels by vessel unless the Barrel contain 42 gallons and the other lesser measures accordingly neither shall any mingle red gall-beaten starved or pulled Eels with good Eels but pack the good Eels by themseives nor put to sale any red Eels at all in pain to forfeit for every vessel wanting measure 10 s. and as much for every vessel mixed packed or set to sale contrary to this Act. XXIX None shall set to sale any Barrelled Fish unless it be well packed viz. the great Fish called Tail-Fish containing in length from the bone in the fin to the third joint in the tail 26 inches by themselves and the lesser Fish called grils by themselves without mixing thukes or broken-bellied Fish therewith neither shall the said Fish be laid double in the packing nor the napes thereof longer then the little bone that resteth upon the great fin And the bone shall be taken away to the navel of every such Fish which shall also be splatted within a handful of the tail in pain to forfeit for every Barrel of Fish otherwise ordered 3 s. 4 d. XXX Head-officers of Corporations Burroughs Market-Towns and other places shall appoint discreet persons to search and gauge vessels of Fish for the prevention of the aforesaid deceits XXXI The forfeitures of this Act shall be divided betwixt the King and the prosecutor Howbeit within a Franchise the Lord of the Liberty shall have the King's part XXXII Stat. 11 H. 7.23 The Statute of 22 E. 4.2 is confirmed and the Gauger Searcher and Packers fee appointed viz. for Gauging of every vessel of Fish a farthing for searching and packing if need be of a Barrel of Salmon 1 d. for boning napping and packing a Barrel of Fish if need be 1 d. for searching and packing a Barrel of Hering 2 d. and as much for Eels and so ratably for lesser measures of Hering and Eels XXXIII The Gauger Searcher or Packer shall take no more and that onely when they execute their office in pain to forfeit their office and to suffer forty days imprisonment without bail XXXIV Stat. 31 H. 8.2 None shall Fish in any Pond Stew or Motââ the day time without the owners concent in pain of three Monââs imprisonment and to find sureties for their good behaviour But this is altered by 5 El. 21. Vide infra * XXXV Stat. 2. 3 E. 6.6 No Officer of the Admiralty shall take any thing of any person that goes to trade for Fish into Island New-found land Ireland or other places commodious for Fishing for any licence to pass or otherwise in respect of such voyage in pain to forfeit for the first offence treble the summe or value of the reward so taken to be divided betwixt the King and the party grieved or other prosecutor And for the second offence to lose his office and to be fined at the King's will * XXXVI Stat. 1 El. 17. None shall use any Net or Engine to destroy the spawn or frie of Fish or take Salmons or Trouts out of season or Pikes shorter then 10 inches Salmons then 16 Trouts then 8 and Barbels then 12 or shall use any engine to take Fish other then angle or
of the Forest when he comes into those parts to hold pleas of the Forest to be determined before him XVII These liberties of the Forest the King grants to all men saving to all other persons the liberties and free customes in Forests Warrens and other places which they have formerly enjoyed XVIII Merton cap. 11. 20 H. 3. The Lords demanded the imprisonment of trespassers in their Parks and Ponds but it was denied by the King and so deferred XIX West 1. cap. 20. 3 E. 1. Trespassers in Parks or Ponds shall give treble damages to the party grieved suffer three years imprisonment be fined at the King's pleasure and give surety never to offend in the like kind again And if they cannot find surety they shall abjure the Realm or being sugitive shall be outlawed XX. Stat. 21 E. 1. A Forester Parker or Warrener shall not be questioned for killing a Trespasser who after the peace cried unto him will not yield himself so it be not done out of some other former malice XXI Ordinatio Forestae 33 E. 1. Stat. 5. Those to whom the King hath granted Purliew whereby their Woods are dis-afforested shall be quit of the charge of the Forest but then they are to have no common there Howbeit such as are willing to return their Woods into the Forest shall injoy Common and other easements there as they did before XXII Ordinatio Forestae 34 E. 1. cap. Presentments of trespasses of Green-hue and hunting in Forests shall be made at the next Swainmote by the Foresters within their several Bailiwicks before the Foresters Verdors Regardors Agistors and other Ministers of the Forest and they shall be also inquired of by the oaths as well of Knights as other lawfull men not suspected of the nearest parts where the trespasses were committed and the presentments so inquired of shall be solemnly confirmed and sealed by the seals of the said Ministers XXIII Cap. 2. If any Officer die or be otherwise hindered that he cannot present at the Swainmote the Justice of the Forest or his Lievtenant shall put another in his place that the Indictment may nevertheless be made by all in form aforesaid also officers which are to be placed shall be put as hath been used except the Verdors who shall be ordained by election or writ XXIV Cap. 3. No Minister of the Forrest shall be put upon any Assize Jury or Enquest to be taken without the Forest XXV Cap. 4. No officer of the Forest shall surcharge the Forest in pain to be imprisoned by the Justice of the Forest or his Lievtenant and he by whom they were placed shall be also punished at the King's pleasure At every Swainmote enquiry shall be made of surcharges Foresters and other Ministers there and of oppressions done to the people that reformation may be made XXVI Cap. 5. Trespasses committed in grounds dis-afforested shall be pardoned yet so as the hedges and ditches shall be cast down and removed saving the King's Arrentations which shall remain according to the Assize of the Forest also the wood felled in the Forest shall be carried away but that standing though sold shall be preserved XXVII Cap. 6. The Justice or his Lievtenant shall take fines and amerciaments of Indictees for trespasses committed there and shall not tarry for the Eyre Commoners restrained from their Commons by the Perambulation shall be restored to them again saving the King's Arrentations as aforesaid XXVIII Stat. 1 E. 3. Stat. 1. cap. 8. None shall be taken or imprisoned for vert or venison unless he be taken with the manner or else indicted acording to the form of the Statute of 34 E. 1. And then the Warden of the Forest shall let him to mainprize untill the Eyre of the Forest without taking any thing for his deliverance And if the Warden will not so do he shall have a Writ out of the Chancery of old ordained for persons indicted to be bailed till the Eyre XXIX If the Warden after the Writ served deliver not the person indicted to Mainprize the Plaintiff shall have writ out of the Chancery directed to the Sheriff to attach the Warden to answer his default before the King at a certain day and then the Sheriff the Verdors being called to him shall deliver the person indicted by good mainprize in the presence of the said Verdors and shall deliver the names of the Mainpernors to the same Verdors to answer in the Eyre before the Justices XXX If the chief Warden be thereof attainted he shall be awarded to pay treble damages to the party grieved committed to prison and ransomed at the King's will XXXI Stat. 1 E. 3. Stat. 2. cap. 1. The great Charter and also that of the Forest are confirmed XXXII The perambulations of Forests shall continue as they were bounded in the time of E. 1. and every County shall have a Charter thereof and where they are not bounded it shall be now done and a Charter thereof shall be also made accordingly XXXIII Stat. 1 E. 3. Stat. 2. cap. 2. Every man having wood within the Forest may take house-boot and hey-boot in his said wood without being attached for the same by the Ministers of the Forest so that it be done by the view of the Foresters XXXIV Stat. 25 E. 3. Stat. 5. cap. 7. No Forester or other Minister there shall gather any victuals or other thing by colour of his office but what is due of old right XXXV Stat. 7 R. 2.3 A Jury for the trial of a trespass within a Forest shall give up their verdict where they received their charge and shall not by menace or otherwise be constrained to give their verdict of a trespass done in the Forest otherwise then their conscience will cleerly inform them XXXVI Stat. 7 R. 2.4 No officer of the Forest shall take or imprison any without due indictment or per main ouvre with his hand at the work that is being taken with the manner or trespassing in the Forest nor shall constrain any to make obligation of ransom against his will and the Assize of the Forest in pain to pay the party grieved double damages and to be ransomed at the King's will XXXVII Stat. 22 E. 4.7 If any having Woods in his own ground within any Forest Chase or Purliew shall cut or cause the same or any part thereof to be cut by the King's licence where such Forests Chases or Purliew are his or without licence where they belong to others he may keep them several and inclosed during seven years next after their felling XXXVIII Stat. 32 H. 8.35 Every Justice of the King's Forests Chases and Parks by writing under the seal of his office may make as many Deputes as he please which shall have like power as the Justice himself hath XXXIX Stat. 16. 17 Car. 16. An Act for the certainty of Forests and of the Meers limits and bounds thereof See the Statute at large Forfeiture Magna Charta Cap. 22. 9 H. 3. The King
will not hold the lands of persons convict of Felony longer then a year and a day and then they shall be delivered to the Lords of the Fee II. Stat. 17 E. 2.14 The King shall have the Escheats of the lands of free-holders of Arch-bishops and Bishops which happen in time of Vacation to dispose of at his pleasure the said free-holders being attainted for felony saving to such Prelates the service that thereto is due and accustomed III. Stat. 17 E. 2.16 The King shall have all the goods of felons and fugitives and the year day and waste of their land and then the lands shall be dilivered to the Lord of the Fee who may also if they please compound with the King for the year day and waste IV. Here certain lands are excepted viz. 1. in Glocester-shire where after the year and day the land shall descend to the next heir 2. In Kent lands called Gavelkind where the Father may go to the Bough and yet the Son to the Plough And in Gavelkind all the heirs-male shall divide the inheritance and so shall the heirs-female but women shall not make partition with men also a woman shall be indowed of the moiety and if she commit fornication in her widdow-hood or marry she shall lose her Dower V. Stat. De Catallis felonum None taken for felony for which he shall be imprisoned shall be disseised of his lands or chattels until he be convicted thereof but as soon as he is taken his tenements and chattels shall be viewed by the Sheriff and other officers of the King and lawful men and Inventoried and kept by the Bailiff of him that is so taken who shall give surety to the Justices of the chattels or the price saving to the accused and his family their necessaries as long as he shall be imprisoned and his reasonable estover so that when he is convicted the residue of his chattels besides his estover may remain to the King with the year and day of his lands but if he be acquit his chattels shall be restored Vide Rast Forfeiture 7. VI. Stat. 31 E. 3. Stat. 1.3 If any charged with the goods of fugitives and felons will in discharge of himself alledge another that is chargeable therewith he shall be heard and right shall be done him VII Stat. 34 E. 3.12 There shall be no forfeiture of lands for treason of dead persons not attainted in their lives VIII Stat. 1 R. 3.3 None shall seize the goods of any arrested for suspition of felony before he be convict or attainted thereof or the same goods be otherwise lawfully forfeited in pain to forfeit to the party grieved double the value of the goods so taken to be recovered by Action of debt c. wherin no essoin c. shall be allowed IX Stat. 11 H. 7.1 None that attends upon the King for the time being in his person and doth him faithful service of Allegiance in his wars within the Realm or without or is in other places at his common shall be convict or attainted of High Treason or any other offence for so doing whereby he may forfeit any thing but shall be clearly discharged of all vexation and loss which he may incur by reason of the same And if any Act or process of Law hereafter happen to be made thereupon it shall be void Provided that none shall take benefit by this Act which shall hereafter decline from his Allegiance X. Stat. 24 H. 8.5 If any be indicted or appealed for the death of one attempting to murther rob or commit burglary and so found by verdict he shall forfeit no lands or goods for the same but shall be fully acquit and discharged thereof â Forger of false Deeds * I. Stat. 5 El. 14. If any alone or with others shall wittingly subtilly and falsly forge or make or cause to be forged or made any false Deed Charter or writing sealed Court-Roll or Will in writing to the intent that the free-hold or inheritance of lands or the right or title thereof may be troubled defeated or charged or shall publish or shew forth in evidence any such forged writing as true knowing the same to be false and forged and shall be thereof convicted upon an Action of Forger of false Deeds to be founded upon this Statute at the suit of the party grieved or otherwise shall pay to the party grieved double costs and dammages to be assessed in the Court where such conviction shall be shall be set upon the Pillory in some Market-town or other open place and there have both his Ears cut off and also his nostrils slit and feared with an hot iron he shall also forfeit to the Queen her heirs and successors the Issues of his lands and suffer perpetual imprisonment during his life and the said costs and dammages shall be fist levied upon the goods and issues of the lands of the offender notwithstanding the Queen's title thereunto II. For such forging c. of a lease for years of lands not Copy-hold or of an Annuity Obligation Bill Acquittance Release or other discharge of any personal thing the offender shall pay double costs to the party grieved to be assessed as before be set upon the Pillory lose one of his ears and suffer a years imprisonment without bail III. The party grieved may have his remedy for his double costs and dammages by original writ out of the Chancery as in case of trespass by bill in the King's Bench or in the Exchequer in which suit no essoin c. shall be allowed IV. Howbeit he that is once punished for his offence shall not after be impeached for the same and albeit the Plaintiffs release or discontinuance of suit may discharge his own remedy yet the rest of the punishment shall be nevertheless inflicted by judgment and command of the Court. V. The second offence is felony without Clergy whereof the offender being convicted or attainted he shall forfeit his lands and goods as other cases of felony saving to all other persons their right c. neither shall such conviction or attainder extend to loss of Dower or disherison of heir VI. Provided this Act shall not extend to charge any Ordinary Commissary or Official for putting their seal of Office to any will not knowing the same to be forged nor for writing such a will or the probate thereof VII Justices of Oyer and Terminer and Assize in their Sessions shall hear and determine these offences VIII Provided this Act shall not extend to any Proctor Advocate or Register for writing setting forth or pleading of any Proxie for the apparence of any person cited to appear in the Ecclesiastical Court nor to any Arch-deacon or Official for putting their seal to such Proxie nor to any Ecclesiastical Judge for admitting the same nor to any Attorney or Counsellor for pleading or giving in evidence any such forged writing being nor party nor privy thereunto nor to any person that shall plead or shew forth any writing
2.12 None shall be compelled to answer for his Free-hold or for any other thing touching the same or for any other thing real or personal before the Council of any Lord or Lady and if any be hereafter molested in that kind and thereof complain to the Chancellor âe shall have remedy III. Stat. 16 R. 2.2 The Statute of 15 R. 2.12 shall be duly put in execution and if any Lord Lady or other do to the contrary they shall forfeit 20 l. to the King â Fuel * I. Stat. 7 E. 6.7 The Assize of Fuel shall hereafter be as followeth Every sack of coal shall contain 4 bushels of good and clean coal a Talshid shall contain in length four foot besides the carf Every Talshid name of one shall within a foot of the midst be 16 of two 23 of three 28 of four 33 and of five 38 inches about Also every Billet shall contain in length three foot 4 inches and being named a single shall contain seven inches and an half about a cast 10 and two casts 14 likewise a fagot bound shall be three foot long and have the bond 24 inches about besides the knot II. Billets of two casts may be made without danger of forfeiture they being made according to the aforesaid Assize and marked within 6 inches of the midst but a Billet of one cast shall be marked within four inches of the end thereof III. For every Talshid Billet Fagot or sack of coals otherwise made and put to sale the maker and seller thereof shall forfeit 3 s. 4 d. IV. None shall buy any such Fuel but Wharfingers or Barge-men or such as will burn the same or will retail it to such as will burn it in pain to forfeit the treble value of fuel otherwise bought neither shall any alter any mark or Assize of fuel upon the like forfeiture all which forfeitures are to be divided betwixt the King and the prosecutor but are not recoverable unless prosecuted within a year after the offence committed V. Here if the Offender be not able to satisfie the forfeiture he shall upon conviction by witnesses or otherwise be set upon the Pillory in the next Market-Town on the Market-day at 11 a clock by command of a Justice of Peace or any other of the King's officers having a Billet or Fagot bound to some part of his body VI. Stat. 43 El. 14. So much of the Statute of 7 E. 6.7 as concerns the forfeiture of 3 s. 4 d. is repealed but the Assize of Fuel ordained by that Act is still continued and injoyned to be observed in London Westminster and all other Corporations where Tall-wood Billet and fagots are used to be sold VII If any bring any Tall-wood Billet or Fagot to any City Burrough or Corporation to be sold there or being brought shall put the same to sale not being made according to the Assize limimited by the Statute 7 E. 6.7 or hereafter by this Act upon information thereof the Mayor or other Head-officer of such City Burrough or Corporation shall swear six lawful men there to inquire thereof And if the said Fuel shall by them be found faulty it shall be by such Mayor or other Head-officer delivered to the Overseers for the poor there to be distributed to the poor there as the said overseers shall think fit VIII Every Tall-shid marked one being round-bodied shall contain 16 inches and an half in compass being half round 19 and quarter cleft 18 inches and an half being marked two and round 23 inches half round 27 and quarter cleft 26 marked three and round 28. half round 33 quarter cleft 32 marked four and round 33 half round 39 quarter cleft 38 and marked five and round 38 half round 44 and quarter cleft 43 all which are to be measured about within six inches of the midst thereof and are to contain the length limitted by the Statute of 7 E. 6.7 IX In all other forms of cleaving of Tall-wood which will not admit the former manner of cleaving nor any of these the letter of the said Statute of 7 E. 6. is to be observed X. Every Billet named a single shall contain in compass being round 7 inches and a half and no singles shall be made out of cleft wood XI Every Billet marked one called a cast being round shall contain in compass 11 inches half round 13 quarter cleft 12 and an half and marked two called two casts being round shall contain in compass 16 inches half round 19 and quarter cleft 18 and an half and in all other forms of Billet which will not admit the former manner of cleaving and touching the length of Billet the letter of the said Statute of 7 E. 6. is to be observed XII A Fagot shall contain in compass besides the knot 24 inches and every fagot-stick shall be three-foot long except one which may be but a foot long to stop and harden the binding of the fagot the better â Fustions * I. Stat. 11 H. 7.27 None shall dress Fustions with any other Instruments then the broad Sheers in pain of 20 s. for every such default to be divided betwixt the King and the prosecutor II. The Master and Wardens of Sheermen in London shall have power to search the workmanship of such as use the broad-sheer as well for Fustion as Cloth and this Act shall be executed as well against denizons as strangers * III. Stat. 32 El. 13. The Mayor of London or his Deputy and the Master and Wardens of the Mystery of Cloth-workers there or such discreet persons as the said Master and Wardens shall appoint may make such search as the said Master and Wardens of Sheer-men might do together by the Statute of 11 H. 7.27 And none shall resist such search in pain of 20 s. to be divided betwixt the King and the prosecutor Gaming See Plaies and Games Gauging * I. Stat. 27 E. 3.8 Stat. 1. ALL Wines white and red brought into the King's Dominions shall be lawfully gauged by the King 's Gaugers or their Deputies and none shall resist them in pain to forfeit the Wines to be imprisoned and to be ransomed at the King's will II. If the Gauger be not ready to do his office upon request or use fraud therein he shall pay to the party grieved treble dammages lose his office and be imprisoned and ransomed at the Kings will III. If the vessel want due measure the value of that want shall be deducted out of the price thereof * IV. Stat. 31 E. 3.5 If any sell a tun or pipe of wine not gauged he shall forfeit the same wine or the value thereof to the King * V. Stat. 4 R. 2.1 The former Statutes made for gauging shall be duly put in execution and all other vessels of Wine Vinegar Oyl Honey and other liquors gaugeable brought into the King's Dominions shall be lawfully gauged by the Gaugers thereunto assigned or their Deputies and if any resist them or if they be found faulty both
Huntingdon leading from London to York and into Lincolnshire and for gathering a certain Toll for the same viz. for Hertfordshire at Wades Mill for Cambridge at Caxton and for Huntingdonshire at Stilton and not elsewhere vid. the Act. LXI Stat. 16 17 Car. 2. An Act for continuance of a former Act for repairing the High-ways within the County of Hertford for 21 years from the time mentioned in the said Act. â Holy-days and Fasting-days I. Stat. 2 3 E. 6.19 An Act prohibiting flesh to be eaten on fish-days But see a greater penalty inflicted 5 E. 5. Infra in Ships II. Stat. 5 6 E. 3.3 Holy-days and Fasting-days are appointed But 1 M. Parl. 1. Cap. 2. this Act is repealed And afterwards by 1 Jac. 25. 1 M. is repealed and therefore Quaere whether it be now in force unless it had been revived by special words III. Stat. 1 Car. 1. All concourse of people out of their own Parishes for any pastime whatsoever as also Bear-baitings Bull-baitings Enterludes Common-plays and all other unlawful pastimes are prohibited on the Lord's-day IV. The Offender against this law being thereof convicted by the view of one Justice of Peace in the Countrey or by a chief Officer in a Corporation or by his own confession or by the oath of one witness before one such Justice or Officer shall forfeit 3 s. 4 d. to the use of the poor where the offence is committed to be levied by distress and sale of goods upon warrant from the same Justice or Officer by the Constables or Churchwardens of the same Parish and in case no distress can be had the Offendor shall sit in the stocks 3 hours but this offence ought to be prosecuted within one moneth after it shall be committed And if the Officer be questioned he shall plead the general issue and yet give special matter in evidence * V. Stat. 3 Car. 1. No Carier with his Horse Waggoner with his Wagon Car-man with his Cart Wain-man with his Wain or Drover with his Cattel shall travel upon the Lord's-day in pain to forfeit 20 s. for every such offence VI. No Butcher shall kill or sell any victual upon the same day in pain of 6 s. 8 d. * VII Here the conviction of the Offender and the levying and imployment of the forfeitures are the same with those of the former Statute save onely that here two witnesses are necessary and the forfeitures may also be recovered by a prosecutor in the Sessions of the County or Corporation where the offence was committed and in that case the Justice or Head-Officer may allow the prosecutor part of the forfeitures but not above a third part VIII This Action shall be prosecuted within six moneths and here also the Officer may plead the general issue Homage and Fealty I. Stat. 17 E. 2. When a Free-man doth homage to his Lord of whom he holdeth in chief he shall hold his hands between the hands of his Lord and say thus I become your man from this time forth for life for member and for worldly honour and shall ow you my faith for the lands that I hold of you saving the faith that I ow unto our Lord the King and to mine other Lords II. When a Free-man doth fealty to his Lord he shall hold his right hand upon a Book and shall say thus Hear you my Lord R. that I P. will be to you both faithful and true and shall ow my fidelity unto you for the Land that I hold of you and lawfully shall do such customs and services as my duty is to you at all terms assigned so help me God and all his Saints III. When a Villain shall do fealty unto his Lord he shall hold his right hand over the Book and say thus Hear you my Lord A. that I B. from this day forth unto you shall be true and faithful and shall ow you fealty for the Land I hold of you in Villenage and shall be justified by you in body and goods so help me God and all his Saints Honours I. Stat. 31 H. 8.5 An Act for the making of the Mannor of Hampton-Court with divers Mannors and Lands thereunto annexed an Honour and the King shall have a free Chase and Warren there also the offenders there shall be punishable as in any other Forest or Chase all which are to be in the survey of the Court of Augmentations and Shipton is annexed unto the Dutchy of Cornwal in lieu of Bifleet and Weibridge taken away by this Act from the said Dutchy II. Stat. 33 H. 8.37 An Act for the making of the Mannor of Amphthil in Com. Bed an Honour and for annexing divers lands in Com. Bed and Buck. to the said Honour with other Articles concerning that Mannor which said lands are appointed to the survey of the Court of Augmentations III. Stat. 33 H. 8.38 The like for the Mannor of Grafton in Com. North. See the Statutes at large Hops * I. Stat. 1 Jac. 18. None shall bring or cause to be brought into this Realm from forein parts any hops deceitfully mixt with any soil whatsoever in pain to forfeit the hops so brought in neither shall any buy such hops so brought in or growing within the Realm and imploy them in brewing in pain to forfeit the value thereof which said forfeitures shall be divided betwixt the King and the prosecutor Horners * I. Stat. 4 E. 4.8 No stranger shall buy any English horns unwrought gathered or growing in London or within 24 miles thereof The Wardens of Horners in London may search all ware belonging to their Mystery in London and within 24 miles thereof And in Sturbridge and Ely Fairs See the Statute at large But note that this Statute is repealed by 1 Jac. 25. Howbeit it is recited in part revived by 7 Jac. 14. as followeth II. Stat. 7 Jac. 14. The Act of 4 E. 4.8 and every part thereof except power of search in the Fairs of Sturbridge and Ely and the limitation of such prices for horns as they were to be had for at the making of the said Act shall be revived and be of like force as if it had been repealed by 1 Jac. 25. III. None shall sell English horns unwrought to any stranger nor send any such horns beyond Sea in pain to forfeit the double value thereof to be divided betwixt the King and the prosecutor â Horses Mares and Cattel * I. Stat. 20 R. 2.5 None shall take the horse or beast of any to serve the King without the owner's consent or sufficient warrant in pain to be imprisoned until he recompence the party grieved * II. Stat. 11 H. 7.13 None shall convey any horse out of the Realm without the King's licence in pain to forfeit the same nor any Mare above the value of 6 s. 8 d. in pain to forfeit her the owner thereof receiving 6 s. 8 d. for her at the time of the seisure otherwise that also is to be forfeited and here the Mare
immediately after seisure is to be appraised and sold by the chief Officer there and her price above the 6 s. 8 d. is to be divided betwixt the King and the seizer and the King's part thereof to be delivered to the Customer of the Port there III. None shall convey any Mare out of this land under 3 years old or worth above 6 s. 8 d. and for those he may convey he shall pay the usual Custom IV. For every Mare above that value to be transported beyond Sea by the King's licence the Custom shall be 6 s. 8 d. which shall be paid before she be shipped in pain to forfeit her V. If any at the Port will for any such Mare of under-value give 7 s. and pay for her he shall have her if she were not before taken by the King's Officer or the King's licence for transporting her were not before obtained VI. This Act shall not prohibit any to transport beyond Sea without the King's licence any horse for his own use he making oath before the Customer or searcher of the Port that he intends not to sell him VII Stat. 27 H. 8.6 Every one having inheritance or freehold in a Park kept for Deer and a mile about or his Farmor shall keep two Mares apt and able to bear foals each of them being 13 hands high from the lowest part of the hoof to the highest part of the shoulder and each hand containing 4 inches in pain of 40 s. for every moneth they want them and if the Park be 4 miles about they shall keep four such Mares upon the like pain VIII If any of the Mares die they have three moneths given them to provide another without danger of incurring the said penalty IX They shall not suffer their Mares to be leapt by any stoned-horse under 14 hand high in pain of 40 s. X. The said forfeitures are to be divided betwixt the King and the prosecutor XI This Act shall not extend to Westmerland Cumberland and Northumberland nor the Bishoprick of Durham nor to Parks wherein the Inhabitants of the Town next adjoyning have Common XII Spiritual persons may sell the increase and breed of their Mares notwihstanding this Act. * XIII Stat. 32 H. 8.13 None shall put to feed upon Forests or Common ground any stoned horse being above two years old and not 15 hand high from the lower part of the hoof to the upper part of the whither every hand containing 4 inches standard measure in pain to forfeit the same horse XIV It shall be lawful for any man to seize to his own use any stoned horse of lesser stature put to feed upon any such Common ground as aforesaid so that first by the assistance of the Keeper of the ground or Constable Bailiff Headborough or other such officer of the Parish adjoyning such horse be brought to the next Pound and there by the Officer and in the presence of three other sufficient men be measured and found lower then the Statute XV. Those that refuse to measure or to be present at measuring of such horse shall forfeit 40 s. a piece for every such default to be divided betwixt the King and the prosecutor XVI An horse that makes an escape into such Common shall not be questioned so that he stay not above 4 days after notice thereof given at the owner's house or in his Parish Church XVII Forests and Common-grounds shall be driven yearly at Michaelmas or within 15 days after by the Keepers or Officers aforesaid in pain of 40 s. who have also power to drive them at any other time of the year at their pleasure such power likewise have the owners of such grounds and here upon the drift if any unlikely Tits shall be found they shall be killed XVIII Justices of Peace in Sessions have power to hear and determine these offences but Stewards of Leets onely to take presentments of them which they shall certifie in at the next general Sessions or to the Custos Rotulorum in pain of 40 s. XIX None shall put upon Common grounds or Common fields any scabbed or infected horse in pain to forfeit 10 s. to the Lord of the Leet XX. This Statute shall not restrain keeping of horses under the statute upon Commons where Mares are not usually kept XXI Stat. 1 E. 6.5 None shall convey sell or deliver any horse into Scotland or any other forein Country without the King's licence or for his service in the wars in pain to forfeit such horse and 40 l. to be divided betwixt the King and the prosecutor XXII Wardens of the Marches and Justices of Peace in Sessions have power to hear and determine these offences and it shall be lawful for any of the King's subjects to arrest or imprison any Scotch-man or other that shall convey any horse contrary to this Act. XXIII He that hath the King's licence to convey Horses into Scotland shall before he so convey them shew his licence to one of the Wardens of the Marches to the end that the number of them may be Kalendred in pain to forfeit his horses or the double value of them to be divided betwixt the King and the prosecutor XXIV This Act shall not restrain the Warden of the Cinque-Ports to give 6 horses or geldings and no more to any person beyond Sea being within the King's Amity neither shall it impeach the Master of the King's horses in any Commodity that concerns his office nor any other for conveying beyond sea Mares not exceeding the value of 10 s. XXV Stat. 8 El. 8. The Statute of 32 H. 8.13 shall not restrain the keeping of stoned horses of a lower stature in the Fen grounds of the Isle of Ely and of the Counties of Cambridge Huntingdon Northampton Lincoln Norfolk or Suffolk so that the horses there kept be not under 13 hands high XXVI Stat. 21 Jac. 28. The Statute of 32 H. 13. shall not extend to the County of Cornwal â Hospitals and Hospitallers I. Stat. 2 H. 5. Stat. 1. cap. 1. The Ordinary shall have power to inquire of and reform the foundation estate and government of Hospitals viz. Those of the King's patronage or foundation by Commission and shall return the inquisitions thereof into the Chancery But those of others he shall do it ex officio II. Stat. 2 H. 6.2 That the Hospital of S. Leonards in York may gather their Thraves of Corn as formerly and upon denial have an Action of debt for the same See the Statute III. Stat. 13 El. 17. That the Earl of Leicester may found an Hospital in Warwick or Kenelworth for relief of poor and impotent people which Hospital shall have capacity to purchase Lands in any County of England not exceeding 200 l. per annum and not holden of the Queen by Knight-service in capite or by Knight-service not in chief IV. Stat. 14 El. not printed for the assurance of all grants made and to be made for the poor in Hospitals c. V.
the King and his Council therewith they shall take no fee but of the King nor give councel where he is a party and if they do amiss they shall be at the King's will in body lands and goods IV. Stat. 20 E. 3.2 The like is commanded to the Barrons of the Exchequer and to dispatch businesses depending before them without delay V. Stat. 20 E. 3.3 Justices assigned by Commission and of Assize and Gaol-delivery and their Associates shall make such oath as shall be enjoyned them by the King's Council or the Chancery before their Commissions be delivered unto them VI. Stat. 1 Jac. 10. None shall take any money or promise for the report of an order or cause referred unto them by any of the King's Judges or Court directly or indirectly in pain of 5 l. and to lose his office or place in the same Court VII The forfeiture is to be divided betwixt the King and the party grieved if he will sue for it but if not then betwixt the King and any other prosecutor VIII This Act shall not prohibit the Clark from taking for his pains in writing the Report viz. 12 d. for the first sheet and 2 d. a piece for the rest Justices in Eyre I. Marlb 24 52 H. 3. Justices in Eyre shall not amerce Townships because all of twelve years of age came not before the Sheriffs and Coroners to make inquiry of robberies House-burnings and other offences against the Crown so that a full Inquest of those Towns appear Howbeit upon an Inquest for the death of a man all of 12 years of age ought to appear unless they have some reasonable cause of absence II. West 1. cap. 18. 3 E. 1. The common fine and amerciament of the whole County in Eyre of the Justices for false judgment or other trespass shall hereafter be Assessed by the said Justices upon the oaths of Knights and other honest men and not by Sheriffs and Barretters as in times past hath been used And the said Justices shall cause the parcels thereof to be Estreated into the Exchequer and not the whole summe onely III. West 2. cap. 10. 13 E. 1. Justices in Eyre in their Circuits shall appoint a certain time before which all writs shall be delivered in and then the Sheriff shall certifie the chief Justice in Eyre how many writs he hath and what they concern after which time they shall not be received or if received shall have no force except writs that abate during the Circuit which may be amended also except writs of Dower of men dying within the summons of the circuit Assizes of Darrein presentment and Quare impedit of Churches vacant within the said summons and of Novel disseisin â Justices of Assize I. Stat. Justic Assisarum Incerti temporis There shall be eight circumspect and discreet Justices Assigned to take Assizes Juries and Certificates throughout the Realm viz. Two in the Counties of York Northumberland Westmerland Cumberland Lancashire Nottingham and Darby Two in the Counties of Lincoln Leicester Warwick Stafford Salop Northampton Rutland Glocester Hereford and Wigorn Two in the Counties of Cornwal Devon Somerset Dorset Wiltshire Southampton Oxon Berk Sussex and Surrey And two in the Counties of Kent Essex Suffolk Norfolk Cambridge Huntingdon Bedford and Buckingham II. Assizes Juries and Inquests of Middlesex shall be taken before the Justices of the Bench. III. The said eight Justices so Assigned shall daily attend for that purpose at such places as they shall think fit and most for the ease of the people and writs of Assizes Juries or Recognizances shall be granted to be taken before none but them save of the special grace of the King IV. Stat. 20 E. 3.6 Justices of Assize have power to inquire of the misdemeanours of Sheriffs Escheators Bailiffs and other Ministers Imbraceors and Jurors and to punish such as be found guilty And the Chancellor and Treasurer are to hear all complaints thereof and to apply speedy remedy thereunto V. Stat. 6 R. 2.5 Justices of Assize and Gaol-delivery shall hold their Sessions in the chief Towns of every County where the Shire-Courts there use to be holden VI. Stat. 8 R. 2.2 No man of Law shall be Justice of Assize or Gaol-delivery in his own Country and the chief Justice of the Common Bench shall be Assigned amongst others to take Assizes and to deliver Gaols but as to the chief Justice of the King's Bench it shall be as for the most part of 100 years last past hath been wont to be done VII Stat. 11 R. 2.11 Because it was found inconvenient to the subject that Justices of Assize should be bound to hold their Sessions where the Shire-Courts use to be held the Chancellor by the advice of the Justices shall have power to order that otherwise as need shall be notwithstanding the Statute of 6 R. 2.5 VIII Stat. 20 R. 2.3 No Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices are there commanded not to suffer it IX Stat. 11 H. 4.3 Justices of Assize shall deliver into the Treasury the Records of Assizes of Novel desseisin Mortdancester and Certifications every second year after the plea determined and judgment given and those Records shall not be amended or impaired after judgment given and recorded X. Stat. 14 H. 6.3 The Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of peace and truce in the City of Carlile and not elsewhere according to the Statute of 6 R. 2.5 XI Stat. 33 H. 8.24 No Justice or other learned in the Law shall be Justice of Assize in the County where he was born or doth inhabit in pain of 100 l. to be divided betwixt the King and the prosecutor XII This Statute shall not extend to the Clark of Assize or to any Associate or to any such Justice of Assize XIII Neither shall these words Justices of Assize or others learned in the Law extend to Officers in Corporations but that they may be Justices of Assize of fresh force or other Assizes in the place where they dwell or were born XIV This Act shall not be prejudicial to any Justice of the one Bench or the other for hearing and determining Assizes in those Courts nor to any Justice that shall take any Assize by adjournment for difficulty thereof XV. The Clark of Assize shall not during the Sessions be of Council to any within the Circuit otherwise then as to his Office appertains in pain of 10 l. to be divided betwixt the King and the party grieved XVI This Act shall not extend to Justices Clarks nor Clarks of Assize within the Dutchy and County Palatine of Lancaster Justices of both Benches I. West 1. cap. 45. 3 E. 1. One plea shall be decided by the Justices of the King's Bench before another be commenced yet Essoins shall be entred and allowed but let none presume to absent himself at the
day to him limited II. Stat. 10 H. 6. Statutum per se The Justices Serjeants and the King's Attorney shall be paid their wages by the Treasurer of England at Easter and Michaelmas by even portions without any other suit But this Statute is not in the Printed Book of Statutes Justices of Gaol-delivery I. Stat. de finibus levatis cap. 3. 27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay Associating unto him one of the most discreet Knights of the County shall deliver the Gaols II. The Justices shall then also inquire whether Sheriffs or any other have let out by plevin any prisoners not pleviable or have offended in any thing against the Stat. of West 2.15 13 E. 1. and shall punish them according to the form of the said Statute III. Stat. 2 E. 3.2 Justices of Gaol-delivery and Oyer and Terminer procured by great men shall not be made against the form of the Statute 27 E. 1.3 and Assizes Attaints and Certifications shall be hereafter taken before Justices commonly Assigned being good and lawful men and having knowledge in the law and before none other according to the Statute of West 2. 29 E. 1. which see in Oyer and Terminer 1. IV. Stat. 4 E. 3.2 Good and discreet persons shall be Assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols three times in the year at least V. There shall also be Assigned good and lawful men in every County to keep the Peace and such as shall be indicted or taken by them and are not bailable by Law shall not be let to main-prise by the Sheriff or any other Minister nor otherwise delivered then at the Common-Law VI. Justices of Gaol-delivery shall have power to deliver the Gaols of those that stand indicted before the keepers of the Peace which keepers shall send those Indictments before the Justices of Gaol-delivery who shall have power to inquire of and punish Sheriffs Gaolers and others which do any thing against this Act. VII Stat. 17 R. 2.10 In every Commission of Peace two men of law of the same County shall be Assigned to go and proceed to the deliverance of Thieves and Felons â Justices of Peace I. Stat. 1 E. 3. Stat. 2.16 The King will that in every County Good men and lawful which be no maintainers of evil or Barrettors in the Countrey shall be Assigned to keep the Peace II. Stat. 4 E. 3. Stat. 1. cap. 2. Two or three of the best of reputation in the Counties shall be assigned Keepers of the Peace by the King's Commission who together with other wise and learned in the Law shall have power to hear and determine Felonies and trespasses done in the same Counties and to inflict punishment according to Law and reason III. Stat. 34 E. 3.1 There shall be Assigned in every County for the keeping of the peace one Lord and 3 or 4 of the most worthy of the County with some learned in the Law who shall have power to arrest and chastise Rioters Barrettors and other Offenders and also to imprison and punish them according to Law and by discretion and good advisement also to bind people of evil fame to the good behaviour and to hear and determine felonies and trespasses done in the same County according to Law IV. Writs of Oyer and Terminer shall be granted according to the Statutes thereof made and the Justices thereof shall be named by the Court and not by the party V. All general inquiries heretofore granted within any Seigniories or the mischiefes done thereby shall from henceforth cease and be repealed VI. The Fines imposed by Justices of Peace for trespasses shall be reasonable and just VII Stat. 36 E. 3.12 In the Commissions of Justices of Peace and labourers express mention shall be made that they shall keep their Sessions 4 times in the year viz. one within the Utas or Octabis of Epiphany the second within the second week of Lent the third betwixt the feasts of Pentecost and S. John Baptist and the fourth within eight days of S. Michael VIII Stat. Canterb. Cap. 10. 12 R. 2. In every Commission there shall be but 6 Justices Assigned who shall keep their Sessions every quarter at least in pain to be punished at the discretion of the King's Council IX Every Justice of Peace shall have for his wages 4 s. a day and the Clark of the Peace 2 s. for so long time as the Sessions shall last to be paid by the Sheriffs out of the fines and amerciaments arising at the same Sessions whereunto Lords of Franchises shall be also contributary after the rate of their part of such fines and amerciaments X. No Steward of any Lord shall be Assigned in any commission of Peace neither shall any Association be made to the Justices of Peace after the first commission XI Judges and Serjeants at Law shall not be bound to attend the Sessions but when they can conveniently intend it XII Stat. 13 R. 2. Stat. 1.7 Notwithstanding the Statute of 12. R. 2.10 which prohibits the Stewards of Lords to be Justices of the Peace the most sufficient Knights Esquires and Gentlemen of the Law shall be put in Commission and sworn to put in Execution without favour all Statutes which concern their Office XIII Stat. 14 R. 2.11 There shall be 8 Justices of Peace Assigned in every County XIV Double Estreats of the fines and amerciaments arising at the Sessions shall be made containing the names of all the Justices there present and the number of days they sit and one of them delivered to the Sheriff out of which he is to answer to the Justices their wages by indenture according to which the Sheriff shall be again allowed the wages in the Exchequer upon his account but no Duke Earl Baron or Barronet although he be Justice of Peace and holds Sessions with the other 8 shall have any wages allowed him Quaere whether it ought not to be Baneret for so it is in the first addition of Rastal which I have XV. 2 H. 5. Stat. 1.4 Justices of Peace in every Shire named of the Quorum shall be Resiant within the same Shire except Lords Judges Serjeants at Law and the King's Attorney and shall keep their Sessions 4 times in the year viz. in the first week after Michaelmas Epiphany Easter and the Translation of St. Thomas the Martyr viz. Becket being the seventh of July and oftener if need require XVI Stat. 2. H. 5. Stat. 2.1 Justices of Peace shall be made of the most sufficient persons dwelling in the same Counties by the advice of the Chancellor and the King's Council without taking others dwelling in forein Counties to execute that office except Lords Justices of Assize and the King 's chief Steward of the Dutchy-Lands in the North and South parts XVII Stat. 18 H. 6.11 Justices of Peace of Middlesex
are not compellable to keep their Sessions above twice in the year notwithstanding the Statute of 12 R. 2.10 yet may they keep them oftener if need be at their discretions XVIII Stat. 18 H. 6.14 None except men learned in the Law or inhabiting Corporations shall be Justices of Peace unless their Lands be worth 20 l. per annum XIX If any be put into the Commission not having Lands to that value and do not within one moneth after notice thereof acquaint the Lord Chancellor therewith or do fit or make any warrant by force of such Commission he shall forfeit to the King 20 l. to be divided betwixt the King and the prosecutor XX. Stat. 3 H. 7.1 Justices of Peace shall at the next general Sessions certifie recognizances taken for keeping the Peace where if the party being called do not appear those Recognizances shall be certified into the Chancery King's Bench or Exchequer XXI Stat. 4 H. 7.12 The King commandeth all Justices of Peace diligently to exercise their office to the end that his people by that means living in peace and injoying their own husbandry may flourish He also chargeth all both poor and rich that shall suffer any grievance from others wherein a Justice of Peace may intermeddle that they forthwith make complaint thereof to the next Justice of Peace and having no remedy there to the Justices of Assize if it be not long before their coming into that Country but if it be then to the Chancellor for the time being and then the King will send for the Justice so neglecting his duty and in case he shall finde him guilty thereof will cause him to be put out of the Commission and otherwise punished according to his demerits and this Statute shall be proclaimed at every Quarter-Sessions in pain that every Justice there present when it is not so proclaimed shall forfeit to the King 20 s. XXII Stat. 2. 3 P. M. 18. A new Commission of the Peace or Gaol-delivery for the whole County shall not be a supersedeas to a former like Commission granted to a City or Town-Corporate being no County Keeper of the Great Seal of England I. Stat. 5 El. 18. THe Authority Preheminence and advantages of the Lord Keeper of the Great Seal and of the Lord Chancellor are declared to be the same to all intents constructions and purposes King I. Stat. 13 Car. 2. ca. 1. What shall be High Treason against the King during his Majestie 's life Vid. Title Treason num XXXIX II. If any person or persons during the King's life shall maliciously and advisedly publish or affirm the King to be an Heretick or a Papist or that he endeavours to introduce Popery or shall maliciously and advisedly by Writing Printing Preaching or other speaking express publish utter or declare any words sentences or other thing or things to incite or stir up the people to hatred or dislike of the person of his Majesty or the established goverment then every such person being legally convicted shall be disabled to have injoy or exercise any place office or promotion ecclesiastical civil or military or any other imployment in Church or State other then his Peerage and shall likewise be lyable to such further punishment as by the Common laws and Statutes of the Realm may be inflicted in such cases III. If any person shall maliciously and advisedly by writing printing preaching or speaking publish declare or affirm that the Parliament begun at VVestminster the 30th of Novemb. 1640. is not dissolved or not determined or that it ought to be in being or that there lies any obligation upon him or any other person from any Oath Covenant or Engagement to endeavour a change of Government or that both or either houses of Parliament have a Legislative Power without the King or any words to the same effect Such persons so offending shall incur the Penalty of a Praemunire mentioned in the Statute of 16 R. 2. IV. The Solemn League and Covenant declared an unlawful Oath and to have been illegally imposed upon the Subjects And all Ordinances of either or both Houses of Parliament for imposing Oathes Covenants or engagements levying Taxes raising forces or armes without the King's assent or by Commission were and are and shall be void Provided the said Ordinances and Orders may be made use of according to the Act of Indemnity 12 Car. 2.11 V. Provided no person be prosecuted for any offence in this Act other then High Treason unless it be by order of the King his heirs or Successors under their sign Manual or of the Privy Council directed to the Attorney general or some of the King's Council for the time being nor unless such prosecution be within six moneths and the Indictment within three moneths after such prosecution VI. Proviso for privilege of debate in Parliament touching repealing or altering of Laws or redressing publique grievances VII Provided no person be indicted arraigned condemned convicted or attainted for any Treasons or Offences aforesaid but by Testimony of two lawful witnesses upon oath brought in person face to face who shall openly avow upon oath what they have to say against the person accused concerning the Treason or offences contained in the said Indictment unless the party shall willingly without violence confess the same VIII Provided no Peer be tryed for any Offence against this Act but by Peers and every Peer convicted of any Offence against this Act be disabled during life to sit in Parliament unless his Majesty shall please to pardon him and upon pardon granted to any Peer or Commoner convicted of any Offence against this Act the party pardoned shall be restored to all intents and purposes as if never convicted IX Stat. 14 Car. 2. cap. 10. For setling an additional Revenue upon the King for better support of his Crown and dignity Every dwelling house and other edifice and all lodgings and Chambers in the Inns of Court Inns of Chancery Colledges and other societies that are or shall be within England VVales and Town of Barwick other then hereafter excepted shall be charged with the annual payment for every Fire-hearth and Stove 2 s. per annum and payable at Michaelmas and our Lady-day by equal parcels half yearly for ever X. Owners and occupiers of such houses and chambers shall give a true account thereof in writing of all the Hearths and Stoves in them to the Constables and Tithing-men within their several Parishes and Constables and other such Officers shall require an account of them of all Hearths and Stoves in their Houses and in default may enter and view the same and for every false return the party offendng shall forfeit 40 s. XI The said Constables and other such Officers shall deliver the accounts of their Returns at the next quarter-Sessions after the last of May 1662. And the Justices of the Peace shall cause the said accompts of Hearths to be enrolled and a duplicate thereof returned into the Exchequer XII The said Hearth
money shall be collected half-yearly within 6 days after the same shall grow due and acquittances shall be given by the Officers collecting it which shall be good discharges for the same and distress and sale of the goods of the party in case of non-payment rendring the overplus after the duty paid and necessary charges for levying it XIII Constables and other such officers shall pay in the money collected within 20 days to the High-Constables of the several hundreds and limits and shall have 2 d. in the pound for collecting the same and shall deliver in writing to the High-Constables the names of such persons as have paid and such as have not paid the same XIV The High Constables shall pay the moneys by them received within 10 days unto the High-Sheriffs deducting one penny in the pound for their pains and deliver the several returns which they received from the Constables aforesaid and the Sheriffs shall return the moneys received and the names of the defaulters into the Exchequer deducting 4 d. in the pound 3 d. whereof to the Sheriff for his pains and 1 d. to the Clark of the Peace which the said Clerk may recover by Action of debt XV. Proviso making the Sheriffs of London and Middlesex Surrey for that Burrough of Southwark and all other Sheriffs of Cities and Towns being Counties Collectors within their limits and the Constables and other Officers to deliver duplicates to the said Sheriffs and they enabled to levy the said moneys and give acquittances without fees and within 40 days to pay the same into the Exchequer with the names of defaulters where no distress is found deducting as to other Sheriffs and Clarks of Peace and the Officers of the Exchequer shall discharge persons paying without fees and issue and process against such as fail of payment where no distress can be found XVI This Revenue shall be duely answered into the Exchequer and shall not be lyable to or charged with any gift or grant and any Non obstante to the contrary shall be void and the grantee an accomptant to the King and the Court of Exchequer injoyned to issue out process accordingly XVII If any Action be brought against any persons for execution of any thing within this Act they may plead the general issue and upon Non-suit discontinuance or verdict against the Plaintiff the Defendant shall recover treble Costs XVIII Increase and decrease of Hearths and Stoves shall in like manner be accounted and returned by duplicates in writing into the Exchequer and there discharged upon decrease without farther pleading XIX No prosecution for any arrearages of this duty unless suit be commenced within 2 years after they become due XX. Proviso that no person who by reason of poverty is exempted from usual taxes be charged with any duties in this Act. XXI Proviso for exempting from payment all houses under 20 s. value per annum upon certificate by the Minister and Overseers of the poor to the 2 next Justices of the Peace XXII Proviso That none shall accept or procure any gift pension or grant from the King of this Revenue upon penalty to forfeit double the value thereof one moiety to be to the use of the poor to be recovered by the Church-wardens of the Parish the other Moiety to him that will sue for the same XXIII Proviso not to charge Blowing houses Stamps Furnaces Kilns private ovens nor Hospitals or Almeshouses not having 100 l. per annum of endowment XXIV The occupier of the Hearth for the time being shall be charged his Executors and Administrators and not the Landlord XXV No person indebted to the King for any the said duties shall be priviledged as a debtor to sue in the Exchequer or assign to the King any such debt XXVI Stat. 12 Car. 2. ca. 23. Certain Impositions upon Beer Ale and other liquors for the increase of the King's revenue during his Life See the Statute at large XXVII The same setled upon the King his heirs and successors for ever Stat. 12 Car. 2. ca. 24. XXVIII Stat. 15 Car. 2. ca. 14. Every inhabitant occupier of any house lodging c. shall upon notice after next Mich. Sessions give a true accompt in writing under his hand to the Constable of all the Hearths and Stoves in such house c. who shall with 2 other inhabitants of the Parish in the day time enter into such house and upon his own view compare and see if the same be truly made and indorse the said Account to what he finds upon his view and return the same to the High Constable together with a book or roll fairly written with 2 Colums one containing the names of the persons and number of hearths and stoves chargeable by the said Act the other the names of the persons and number of Hearths and Stoves not chargeable which being received and compared shall within 6 days be transmitted to the 2 next Justices of the Peace who are impowred to examine the said High-Constables and other Officers concerning the truth and faithfulness of their actings in the premisses which being done the said Justices are within 10 days to transmit the same to the Clark of the Peace who within 20 days is to engross the same to be kept in the County and within 2 moneths to engross and return duplicates signed by himself and 2 Justices of the Peace into the Exchequer XXIX Penalty for omitting to return every Hearth upon the occupier 40 s. XXX Constables and Officers neglecting their duty shall forfeit 5 l. XXXI High Constables neglecting to perform their duties 10 l. XXXII Constables and Officers changing or leaving their offices for that year are notwithstanding enabled and required to perform the duties in relation to the premisses and for every day they shall neglect to gather the moneys due shall forfeit 20 s. and such as shall gather and distrain for the same may call to their assistance any 2 sufficient Inhabitants XXXIII Sheriffs may appoint Deputies under the Seal of their Offices or their own hand and seals for collecting the said duties XXXIV Provided the Lord Treasurer and Chancellor of the Exchequer may give further allowance to the Clarks of the Peace for their pains in engrossing and returning duplicates into the Exchequer XXXV Stat. 16 Car. 2. ca. 3. Reciting the said defects in the former Acts. Enacted that the King his heirs and successors may make officers for receiving and collecting the duties upon Fire-hearths and Stoves by the former Acts and for viewing and numbring the same and for inspecting and examining the several Rolls Certificates and Returns made and to be made into the Exchequer in pursuance of the said Acts or any other thing belonging to the same which Officers accompanied with the Constable or Tything-man Treasurer or under-Treasurer or other publick or proper Officers of the Place who are required to attend upon this occasion in all Parishes and places where there are no Constables Tithing-men or other publick Officer
whereunto title is made is lawful X. Proclamations shall be made at the Assizes of the Statutes made against Maintenance Champerty Embracery and unlawful retainers XI The offenders against this Act shall be prosecuted within one year â Malt. I. Stat. 17 R. 2.4 Malt made in the Counties of Huntingdon Cambridge Northampton and Bedford and brought to London for the provision of the Court and City shall be well cleansed from dust and other filth and Mayors Bailiffs and Wardens of Towns and places where it is sold have power to make search and to see such defaults redressed * II. Stat. 2 E. 6.10 None shall imploy less time in the making and drying of Malt except in the moneths of June July and August then three weeks and in those moneths less then 17 days nor put to sale any Malt mingled of good and bad in pain to forfeit for every quarter so put to sale 2 s. to be divided betwixt the King and the prosecutor III. None shall put any Malt to sale before by treading rubbing and fanning it he shall have conveniently taken out of every quarter half a peck of dust or more in pain to forfeit 20 d. for every quarter otherwise sold to be divided betwixt the King and the prosecutor IV. Justices of Peace in Sessions and Stewards in Leets have power to hear and determine these offences as well by presentment of twelve men as by information of two witnesses V. Bailiffs and Constables of Towns and places where faulty Malt is made or mingled as aforesaid have power to make search for it and being found with the advice of a Justice of Peace to make sale thereof at their discretions VI. None shall be punished by this Act who onely maketh Malt for his own provision nor unless the Action be prosecuted within one year â VII Stat. 39 El. 16. Justices of Peace in Sessions have power at their discretions to restrain the superfluous number of Malsters and also of the buyers of Barley to be converted into Malt. VIII If any person shall be convicted by the testimony of two Witnesses or his own confession to have disobeyed the restraint aforesaid they shall suffer three days imprisonment without bail and shall there remain untill they shall before some Justice of Peace become bound by recognizance in 40 l. to obey the said restraint IX Justices of Peace in the County shall not execute this Law within Corporations but onely the Justices and chief Officers of the same Corporations X. Such as have Barly of their own growing tith-corn or rent-corn may convert it into Malt notwithstanding this Statute XI Malsters shall not meddle with the execution of this Act. XII Stat. 3 Jac. 11. When Malt is at 16 s. the quarter Beer may be transported to the King's Allies in Cask And the impost shall be 8 s. and the Custom 18 d. for a subject but for a Stranger 10 s. and 22 d. half peny XIII This Act shall not infringe the Statute of 35 El. 11.1 Jac. 25. or any other Statute made for the bringing in of Clapboard Cask or Scaffold board Manufactures * I. Stat. 14 Car. 2. cap. 13. An Act prohibiting importation of forein Bone-lace Cutting Imbroidery Fringe Bandstrings Buttons and Needle-work II. Justices of the Peace may cause search to be made for any of the said Wares imported contrary to this Act. See the Act at large III. Stat. 15 Car. 2. cap. 15 Stat. 3. Any person Native or Alien may freely set up or use the trade of breaking or dressing of Hemp Flax making of Threed Twine or Nets for Fishery or of Storing of Cordage and the trade of making any fort of Tapistery IV. All foreiners bonâ fide using the said trades in England Wales or Barwick by 3 years and taking the oathes of Allegiance and Spuremacy before 2 Justices of the Peace next dwelling who are impowred hereby to administer the same shall enjoy all previledges as natural born subjects V. All foreigners which shall exercise any the said trades by vertue of this Act shall not pay any other taxes or impositions then as natural born subjects unless they use Merchandise into foreign parts in which case they shall pay such customs as Aliens for 5 years next ensuing and no longer Merchants Merchandise I. Magna Charta 30. 9 H. 3. Merchant-strangers shall have safe conduct of coming into going out of and remaining in England to buy and sell without being exacted upon by excessive tolls except in time of war if they be of our enemies Countrey And albeit they be so yet so long as our Merchants be used well there they shall have the like usage here II. Stat. 9 E. 3.1 Merchant-strangers may freely buy and sell within the Realm without disturbance except they be alien enemies III. If any disturbance or abuse be offered them or any other Merchant in a Corporation and the Head-Officer there do not upon request provide remedy the Franchise shall be seised into the King's hand and the disturber being thereof attainted shall answer double damages to the party grieved suffer one years imprisonment and be ransomed at the King's will IV. If the disturbance be out of a Franchise and the Lord there or his Bailiff Constable or other Chief Ruler do not upon request provide remedy he shall being attainted thereof render double damages to the party grieved and the disturber being also thereof attainted shall also suffer one whole years imprisonment and be ransomed at the King's will V. Howbeit Merchants-aliens shall carry no wines out of this Realm VI. This Law shall be strictly observed throughout the Realm notwithstanding any Charter Franchise or Custom to the contrary saving to the King his due Customs VII The Chancellor Treasurer Justices assigned by commission to hold pleas and others by special commission from the King shall have power to hear and determine these misdemeanors VIII Stat. 14 E. 3. Stat. 2.2 All Merchants except enemies may safely come into England with their goods and Merchandize tarry and return paying the customs and subsidies IX Franchises and free customs reasonably granted to Cities Towns and Burroughs are saved X. Stat. 25 E. 3. Stat. 4.2 The Statute of 9 E. 3.1 is confirmed and all Statutes Charters Letters Pattents Proclamations Commandements Usages Allowances and Judgments to the contrary are repealed and made void XI All Merchants may freely sell their commodities without challenge or impeachment of any Officer or other notwithstanding any franchise grant or custom to the contrary XII The King may assign Justices to inquire of such as offend this Law and to inflict punishment upon them according to the said Statute of 9 E. 3. XIII Any that will sue against any such offender may have a writ out of the Chancery for that purpose XIV Stat. Stapul 27 E. 3. Stat. 2.2 A safe conduct is granted to Merchant-Strangers except alien enemies to come and dwell in this Realm and to return when they please as also to sell their
commodities without having them taken from them against their will upon any colour whatsoever XV. If any Officer or other offend against this Law he shall be arrested by the Head-Officer of the place if it be out of the Staple and if within the Staple then by the Major and Ministers of the Staple and shall be speedily proceeded against according to the Staple Law and not at the Common Law and being attainted thereof shall answer double damages to the party grieved and as much to the King XVI All Commissions made or to be made to take such prices of Merchants shall be void XVII Stat. 27 E. 3. Stat 2.3 All Merchants may buy Merchandise of the Staple so as they bring them to the Staple XVIII It shall be felony for an English Welsh or Irish man to transport Wool Leather Woolfels or Lead XIX No English VVelsh or Irish man shall transport Wool Leather Woolfels or Lead in a strangers name or keep a servant beyond Sea to survey the sale thereof or to receive mony there for the same XX. There shall be no Exchange of wares for Merchandize of the Staple but payment in gold silver or English VVelsh or Irish merchandize neither shall any Merchants make any confederacy in fraud or deceit of this Ordinance and all this upon the pains aforesaid XXI Every man may carry his own Wooll Leather Woolfels and Lead to the Staple to sell them there howbeit he shall then warrant the packing of his wools XXII Stat. 27 E. 3. Stat. 2.11 All Merchants may freely sell their merchandize at the Staple by gross or by retail without challenge or impeachment but it shall be felony to forestal buy or give earnest for any merchandize before they come to the Staple or Port or to enter the Ship for that purpose XXIII Stat. 27 E. 3. Stat. 2.13 If a Merchant lose his goods at Sea by Piracy or Tempest not being wreck and they afterwards come to land if he can make proof that they are his goods they shall be restored to him in places guildable by the King's Officers and 6 men of the Country and in other places by the Lords there or their Officers and 6 men of the Country XXIV Stat. 27 E. 3. Stat. 2.17 No Merchant shall be impleaded for another's trespass and debt whereof he is not debtor pledg nor main pernor Howbeit if any of this Realm indammaged by forein Lords or their subjects have not right done them Letters of Mart shall be granted to repair them XXV If any difference arise betwixt the King and any other forein Lord who hath Merchants here his subjects those Merchants shall have by Proclamation fourty dayes given them to depart and if for some just cause they cannot go so soon they shall have longer time given them until they may conveniently depart and shall in the mean time sell their Merchandize if they can XXVI Stat. 27 E. 3. Stat. 2.26 Merchant-Strangers upon letters of credence or their oath shall be believed concerning the content of their merchandize and shall pay 3 d. per libr. according to the content so testified and their goods shall be thereupon immediately delivered unto them without unsealing or opening them according to the Charter granted them by E. 1. and confirmed by this King and all this in pain that the Officer herein offending shall suffer imprisonment pay quadruple dammages to the party grieved and as much to the King And here the remedy shall be in Chancery XXVII Stat. 38 E. 1.2 Any Merchant may use more merchandize then one notwithstanding the Statute of 37 E. 3.5 and may buy sell and transport all kind of Merchandize paying the customs and subsidies due for the same wool and woolfels only excepted XXVIII Stat. 2 R. 2.1 Merchant strangers not enemies may buy and sell all things vendible within the Realm in gross or by retail except wines and great wares as cloth of gold and silver silk sandal napery cloth canvas and the like which are to be sold in gross or by whole pieces in pain of forfeiture thereof XXIX Here the priviledges of Prelates and Lords for purveyances and the things provided for by the Statute of the Staple of Calais are saved XXX Merchants may buy and sell in Fairs and Markets in gross or by retail notwithstanding this Statute XXXI Disturbers of Merchants against this Act being thereof attainted shall render double dammages suffer a years imprisonment and to be ransomed at the King's will XXXII If right be not done to the party grieved in a Frainchise it shall be seised into the King's hands if out of a Franchise the Lord or his Officer shall render to the party grieved double dammages XXXIII The Chancellor Treasurer Justices assigned to hold pleas and Justices assigned by special Commission shall hear and determine these offences XXXIV Stat. 5 R. 2. Stat. 2.1 Merchant strangers may come into this Realm continue here and depart at their pleasure without disturbance or impeachment of any and shall be friendly entertained and intreated of all XXXV Stat. 11 R. 2.7 The Statutes of 9 E. 3.1 and 25 E. 3. Stat. 4.2 are confirmed notwithstanding any Charter Proclamation Custom c. to the contrary XXXVI Stat. 14 R. 1.9 Merchants strangers shall be courteously intreated to the end they may be thereby the rather incouraged to come into this XXXVII Stat. 16 R. 2.1 No Merchant-stranger shall buy or sell within the Realm with another Merchant stranger to sell again nor shall sell any Merchandize by retail but victuals only wine he shall sell by whole vessels XXXVIII The Statutes of 9 E. 3.1 25 E. 3. Stat. 4.2 11 R. 2.7 are confirmed XXXIX Stat. 20 R. 2.4 The Statute of 28 E. 31. which see in Staple is confirmed notwithstanding any Ordinance or usage to the contrary XL. Stat. 4 H. 4.15 Merchants shall not export the money which they receive for Merchandize imported but shall bestow it upon merchandize of this Realm their reasonable costs excepted XLI Stat. 5 H. 4.7 Merchant-Strangers shall be used in this Realm as merchants Denizons be in other Countrys in pain that such Merchant-Strangers shall forfeit their goods and suffer imprisonment XLII Stat. 5 H. 4.9 Merchant-strangers shall give security to the King's Customers and Controllers to employ their money upon the Commodities of this Realm their reasonable costs excepted XLIII The Statute of 4 H. 15. is confirmed XLIV Merchant-strangers shall sell their Commodities within a quarter of a year next after their arrival and imploy the money received by exchange upon Commodities of this Realm in pain to forfeit the same money XLV No Merchant-stranger shall sell any Merchandize to another Merchant stranger in pain to forfeit the same XLVI The head-officer or officers of the Port where a Merchant-stranger shall arrive shall assign him an Host with whom he shall reside and the Host shall take for his pains as hath been accustomed XLVII Stat. 6 H. 4.4 The clause of the Statute of
shall be paid by the King LXVI This Act shall not extend to any Colledge or Hall in the Universities the Free-Chappel at Windsor the Colledges of Winchester and Eaton N wton Chappel in the Isle of Ely nor to any of the lands belonging to them nor to any Chappel of Ease nor to any Chappel whereunto only a Church-yard a little house or Close doth belong Nor to any Cathedral where there is a Bishops See nor to their lands other then such Chanteries Obits Lights and Lamps used within such Cathedrals within five years before this Paliament and unto which this Act doth extend LXVII The King may during his life alter the Names of such Chanteries and their Foundations LXVIII The right of all persons except only the Governors Incumbents c. of such Chanteries c. their Founders and the heirs and successors of every of them also the grantees or any of the premises to the uses aforesaid or to the use of any such Chantery c. or without the Kings licence is saved likewise all services rents annuities profits and offices of right due to Founders Donors c. and leases made before the beginning of this Parliament whereupon the accustomed rent is reserved are saved LXIX The Bargainor of any of the premises or his Executors shall repay unto the Bargainee his Executors or Administrators the money received upon sale thereof within three months after request thereof made and upon non-payment thereof such bargainee shall recover it by action of debt wherein no essoin c. shall be allowed LXX The premises given to the King by this Act together with their revenues shall be within the survey of the Court of Augmentations or such other Court as the King shall appoint LXXI All leases made by the said Governors Incumbent c. since the 23 of November 37. H. 8. whereupon the old rents are reserved shall be void but all others shall continue in force LXXII This Act shall not extend to any Lands whereof such Governours Incumbents c. are seised or possessed to their own uses and not annexed to such Chanteries Free-chappels c. nor to any Mannors Lands Pensions c. not parcel of the premises granted by H. 8. or granted or to be granted by E. 6. to any of the said Governors Incumbents c. LXXIII Every person which had any rent or yearly profit out of the lands of any Chantery c. shall still enjoy them notwithstanding this Act. LXXIV All payments of First Fruits to be made by any such Governor Incumbent c. after the beginning of this Parliament shall be remitted LXXV Payments answered yearly into the Exchequer out of the premises shall be still continued LXXVI All Assurances made of the premises by H. 8. or E. 6. or by either of their licence or to either of them by any such Governour Incumbent c. shall be good The right of others being saved LXXVII This Act shall not extend to make good any Grant made by any Parson or Vicar nor to prejudice the Lord Cobham or any Corporation or the Chantery of Attleboâough in Norfolk LXXVIII All such Chanteries Free-Chappels c. given to the King by this Act as are within the Dutchy of Lancaster together with their lands c. shall be within the survey of the Dutchy-Court and all Commissions to be issued out concerning them shall be under the great Seal but shall be certified into the said Dutchy LXXIX The King may impower Commissioners to alter the nature and condition of Obits to better uses and none shall take advantage of any remainder use or condition for not finding of a Priest Obit Anniversary Light or Lamp LXXX This Act shall not extend to give Copyhold-lands to the King but the said Incumbents shall have them during their lives towards their maintenance LXXXI This Act shall not extend to lands recovered from a Chantery Priest by a good title without fraud LXXXII All Letters Pattents made by H. 8. and E. 6. of Chantery-lands and other the premises are confirm'd LXXXIII Stat. 1.2 P. M. 8. Pars inde None shall molest any person for any Abbey-Lands in pain to incur a Praemunire Vide 1 El. 1. â Money * I. The Statute of great money incerti temporis None upon grievous forfeiture shall expend utter or receive any money or any other Coyn then English Irish or Scotch nor import more money into this Realm then may serve him for his expences nor land unless forced by tempest at any other then the known Ports and there shall shew his money to such person as the King shall assign without concealment in pain to forfeit his body and moneys II. None shall hide his money within Clothes Fardels Bales or otherwise in pain that the finder thereof shall have 4 d. for every pound so found and the King the rest and the body of him in whose hands any false or clipt money shall be found shall be arrested untill he find surety if he be a suspitious man Also he that finds any other coyn than English Irish or Scotch shall break the same and restore the pieces to the party that ows it and none shall oppose him in pain of great forfeiture but false money shall be pierced without restoring it III. Because poor people cannot well discover light moneyes they shall receive and pay them by weight of 5. of even weight by the Tumbrel to be delivered unto them by the Warden of the Exchange and marked by the Kings mark and it shall be lawful fon any man to pierce money not weiging the Tumbrel Howbeit 4 d. shall be allowed in every pound weight being then 20 s. and so it be only worn 6 d. * IV. The Statute of small money 20 E. 1. No Merchant or other shall import into this Realm any mony clipt or counterfeited or traffick therewith in pain for the first time to forfeit the mony for the second the mony and all his goods for the third his body and goods V. Others which have clipt money shall pierce it and carry it to the Kings Exchange to be new coyned * VI. Stat. 9. E. 3.1 None without the Kings Licence shall export any gold or silver in money or plate in pain to forfeit the same * VII Cap. 2. None shall import into any of the Kings Dominions any false or counterfeit money in pain to forfeit the same Howbeit any person stranger and other may bring to the Kings Exchange good money or bullion and receive convenient exchange for the same * VIII Cap. 3. Small money viz. half-pence or farthings shall not be molten into vessel or any thing else by any Goldsmith in pain to forfeit the money so molten and to suffer imprisonment until he hath paid the one half thereof IX Cap. 4. Black money shall not be current in this Realm X. Cap. 5. The Prosecutor against the offenders of this Statute shall be allowed a fourth part of the forfeiture XI Cap. 6. There shall
Mint for which the Master shall presently pay him half the value thereof to his own use XLVI Stat. 14 15 H. 8.12 The Coiners of every hundred pounds worth of gold brought to the Mint to be coined shall make 20 l. thereof in half Angels then called pieces of 4 d. and of every hundred pounds worth of silver 50 l. in groats 20 l. in two pences 20 l. in pence 10 Marks in half-pence and 5 Marks in farthings in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor XLVII The half-pence and farthings shall have several stamps to the end they may be the better distinguished by the common people XLVIII When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings XLIX This Act shall not be prejudicial to the Coiners and Mint-masters in York Duresm or Canterbury L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver nor current in this Realm he and his procurers aidors and abettors after conviction shall be imprisoned and forfeit their lands and goods as in case of misprision of treason Monopolies I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying selling making working or using of any thing within the Kings Dominions or of any other Monopolies or of Power liberty or faculty to dispence with any others or to give licence or toleration to do use or exercise any thing against the tenor of any Law or Statute or to give or make any Warrant for such dispensation licence or toleration or to agree or compound for any penalty or forfeiture limited by any Statute or for any grant or promise of any benefit or profit of any such penalty forfeiture or sum of money before Judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of assistances and other matters and things whatsoever any way tending to the erecting strengthening or countenancing thereof are contrary to the Laws of the Realm and shall be void and of none effect II. All the matters and things aforesaid shall be examined heard tried and determined by the Common Laws of the Realm and not otherwise And all persons are prohibited to use exercise or put them in ure III. The party grieved by pretext of any of the matters or things aforesaid shall recover in one of the Courts at Westminster treble damages and double costs in which suit no essoin or other delay shall be allowed nor any more then one Imparlance And if any person after notice given that such action depending is grounded upon this Statute shall cause to be stayed or delayed before Judgment by any Order Warrant Power or Authority save only of the Court where it is so depending or shall after Judgment had cause or procure the execution thereof to be staid or delayed by colour or means of any such Order Warrant Power or Authority save only by writ of Error or Attaint he or they so offending shall incur a Praemunire IV. Letters Patents of new Manufactures heretofore granted for 21 years or under to the Inventors thereof where they are not contrary to Law or any way prejudicial to the Common-Wealth are saved so also are such as have been heretofore granted for more then 21 years good for 21 years from the date of their Patent notwithstanding this Statute V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under being not contrary to Law or prejudicial to the Common-wealth nor to grants heretofore confirmed by Act of Parliament so long as such acts continue in force Nor to any warrant of Privy Seal granted or to be granted to the Justices of the Kings Bench or Common-Pleas the Barons of the Exchequer Justices of Assize of Oyer and Termine Goal-âelivery or Peace or other Justices to compound for the forfeitures of any penal Statute depending in suit before them after plea pleaded by the party defendant VI. This Act shall not be prejudicial to London or any other Corporation for any grant made them concerning their Customs Nor to any Corporation Company or Fellowship of any Art Trade or Mystery nor to any Company or Society of Merchants VII Neither shall it extend to any grant of Priviledg for Printing digging or making or compounding of Salt-Peter or Gunpowder or casting or making of Ordnance or shot for Ordnance nor to any grant of any office now in being other then such as are decreed by the Kings Proclamation Nor to the liberties of New-Castle concerning Sea-coals Nor to licensing of Taverns so the King receive the benefit Nor to the Patent granted to Sir Robert Mansfield for making of Glass nor to that granted to James Maxwel Esquire for transportation of Calves skins Nor to that of Abrahâm Baker for making of Smalt nor to that of Edward Lord Dudlây for melting of Iron Ewer and making the same into Cast-works Mortdancester I. Marlbridge 16.52 H. 3. If the Lord will not render unto the heir his Land when he comes to Age without plea the heir shall recover his Land by Assize of Mortdancester together with all his damages II. If the heir at his Ancestors death be at full age and then seised of the Inheritance the Lord shall not out him nor meddle with any thing there but shall only take simple seisin thereof that he may be known to be Lord And if the Lord shall then put him out whereby he is driven to his writ of Mortdancester or Cosinage he shall recover his damages as in a writ of Novel disseisin III. The King shall have primer seisin of lands holden in chief as in times past neither shall the heir or any other intrude into the Inheritance before he have received out of the Kings hands as formerly hath been used IV. This Statute is to be understood of lands accustomed to be in the Kings hands by reason of Knight-service Serjeancy or right of Patronage V. The Statute of Glocester 6. 6 E. 1. If one die having many H iâs of whom one is Son or Daughter Brother or Sister Nephew or Neece and the other be a farther degree off the heir shall recover by a writ of Mortdancester â Mortmain I. Magna Charta 36. 9 H. 3. If any shall give lands to a religious House the grant shall be void and the land forfeit to the Lord of the fee. II. The Statute of Glocester alias de Religiosis 7 E. 1. If lands be any way alienated in Mortmain to a Religious person or other the King or other Lord immediate may enter within a year after such alienation and if such Lord neglect it the next Lord to him may enter within half a year after and if all the mean Lords being of full age within the four Seas and out of prison neglect to do it after the year the King may enter III. West
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 â 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 â 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 Peace in the Counties of Glocester and Sun merset in Sessions shall bind Keepers of Ferriers over Severn by Recognizance with good Sureties that they shall not transport any passenger or cattel out of England into Wales or the Forrest of Dean or from either of those places into England before Sun-rising or after Sun-set unless such as they know and will answer for And besides the parties so offending shall there by incur fine and imprisonment VI. Stat. 2. and 3. P.M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Win sor there shall be 8. chosen for Overseers which shall have power to keep good order amongst the rest VII Two Water-men shall not carry any but where one of them hath exercised that profession two years before that time and hath been allowed by the greater part of the said Overseers under the known Seal in pain to be committed to one of the Counters by the said Overseers for one moneth or for less time as the offence shall deserve VIII No single man which is no housholder nor retained as an Apprentice or as a servant for one year at least shall exercise that profession betwixt the places aforesaid in pain of like punishment IX The Lord Mayor and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon complaint of any two of the Overseers or of any Watermans Master have power not onely to hear and determine any offences committed against this Act and to enlarge any Waterman unjustly punished by the said Overseers but likewise to inflict punishment upon the Overseers themselves in case they unjustly punish any person by colour of this Act. X. A Wherry that is not two foot and a half long and 4 foot and an half broad in the Mid-ship and sufficient to carry two persons on one side right shall be forfeit in which case the King and Queen shall have the one Moity and the Informer the other XI The Water-man that withdraws himself in time of pressing it being proved by two witnesses before the said Mayor Aldermen or Justice and two of the said Overseers shall suffer a fortnights imprisonment and shall be prohibited to row any more upon the Thames for a year and a day after XII The Overseers shall not onely call the Water-men before them direct them and register their names but likewise examine their Boats before they be lanched whether they have due proportion and goodness according to this Act. XIII If the Overseers refuse or neglect their Office they shall forfeit 5 l. whereof the King and Queen shall have the one Moity and the informer the other XIV The Court of Aldermen shall assess the fares of Watermen which being subscribed by two of the Privy Council at least shall be set up in Guild-Hall Westminster-Hall c. And the Water-man that takes more then according to the Fare so assessed shall for every such offence suffer half a years imprisonment and forfeit 40 s. to be divided as before XV. Stat. 1. Jac. 16. No Water-man shall retain any servant or Apprentice unless he himself hath been an Apprentice to a Water-man by the space of five years before and not an Apprentice under the age of 18 years or for less time then seven years in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor XVI This Act shall not restain Water-mens Sonnes of convenient growth and strength and formerly trained up in rowing but that they may be allowed to serve as Apprentices and to carry passengers from place to place at the age of 16 years XVII The eight Overseers shall yearly upon the first of March and the first of September cause openly to be read in their common Hall all their Orders made or to be made in pain that every of them for every such default shall forfeit 20 nobles to be divided betwixt the King and the prosecutor XVIII Stat. 21 Jac. 32. The River of Thames shall be made Navigable for Barges Boats and Lighters from the Village of Bercot in the County of Oxon unto the University and City of Oxon See the Statute at large Patents I. Prerog Reg. Cap. 65.17 E. 2. The Kings gift or grant of Land or Manor cum pertinentiis conveyeth not Knights Fees Advowsons or Dowers without express words II. Stat. 11. R. 2.8 All annuities and other things given or granted by the King his Father or Grandfather with this Clause Quousque prostatu suo aliter duxerimus ordinandum shall be void if other things have been afterwards accepted by the Grantees thereof III. Stat. 1 H. 4.6 To the intent that the King might not hereafter be deceived in his Grants he is content by the assent of the Lords Spiritual and Temporal and at the request of the Commons to be hereafter concluded by the wife men of his Council in things touching the estate of him and his Realm saving alwayes his liberty IV. In a Petition to the King for Lands Annuities Offices c. their value shall be therein exprest otherwise the Letters Patents thereupon had shall be void V. Stat. 18. H. 6.1 All Letters Patents which beat not date the day of the delivery of the Kings Warrant into the Chancery shall be void VI. Stat. 6. H. 8.15 If any make suit to the King for lands offices or other things formerly granted to any person during the Kings pleasure the first Patentee being still in life the last Grantee shall express in his Petition or Patent the former Patent and the determination of his pleasure concerning the same otherwise the last grant shall be void VII Stat. 34 35. H. 8.21 The King shall hold and enjoy all Honours Manors Lands and other Hereditaments which he hath obtained since the fourth of February in the 27. year of his Reign or shall hereafter obtain within seven years next after the making of this Act by bargain exchange or purchase Notwithstanding any mis-recitall non-recitall or not naming of the said Honours c. or of the places where they lie or of any part thereof or any other matter or cause whatsoever VIII The right of others is saved save only for rents services and rents secks IX All Letters Patents and Grants made by the King since the said 4th of February or which shall be hereafter made by him within 7 years next after the making of this Act shall be good Notwithstanding in any mis-naming mis-recitall non-recitall not finding of Offices mis-recital or non-recital of Leases uncertainly miscasting rating or setting forth of the yearly values or rate of the things granted or of the yearly Rents thereof want of Attornment and Livery of Seisin or the mis-naming of the places where the things granted do lie or of the Tenants or Farmers of them or any of them X. Provided that notwithstanding this Act the Kings Grants of Offices and
in an infected house after commanded by a Justice or other Officer presume to come forth the Watch-men may resist him and if any hurt happen thereupon the Watch-men shall not be impeached therefore VII If any person having a sore upon him go abroad and converse in Company he shall suffer as a Felon but if he have no sore he shall be onely punished as a vagabond according to the Statute of 39 El. 4. which see in Vagabonds VIII No Attainder of Felony by vertue of this Act shall extend to corruption of blood or forfeiture of goods or lands IX It shall be lawful for the Justices of peace and Head-Officers to appoint searchers watch-men examiners keepers and buriers and to minister unto them Oaths for the due performance of their Offices and to give them other directions as in their discretion shall be thought fit X. Justices of peace or head-officers shall not by force of this Act meddle in the Universities Cathedral Churches or Colledges â Playes and Games * I. Stat. 33 H. 8.9 Parents and Masters shall provide for each of their sons and male-servants betwixt the age of 7 and 17 a bow and two shafts and cause them to exercise shooting in pain of 6 s. 8 d. II. Sons and male-servants betwixt the ages of 17 and 60 shall be furnished with a Bow and two Arrows and practise shooting therewith in pain of 6 s. 8 d. III. None under the age of 24 years shall shoot at any standing mark except at rovers changing his mark every shoot in pain of 4 d. a shoot and none above that age shall shoot at any mark of 11 score distance or under in pain of 6 s. 8 d. a shoot IV. None under the age of 17 years shall shoot with a Bow of Ewe except his parents be worth 10 l. per annum in lands or 40 marks in goods in pain of 6 s. 8 d. V. The inhabitants of every Town shall continne their Buts in good repair in pain of 20 s. for every 5 moneths default VI. For every Bow made of Ewe the Bowyer not inhabiting London or the Suburbs thereof shall make four and the inhabitant there two Bows of other wood in pain to forfeit for every such Bow un-made 3 s. 4 d. VII Fletchers of London shall sell seasonable Timber to forreign Fletchers without prejudice VIII Artificers of Archery not freemen nor paying scot and lot shall remove their abode from London and the Suburbs thereof to what other place they shall be assigned by his Majesties Council the Lord Chancellor Treasurer Privy Seal or one of them in pain of 40 s. for every day they make their abode contrary to this Act. IX Aliens shall not convey Bows and Arrows out of the Realm without his Majesties license in pain of imprisonment without bail untill they shall make fine to the King to be set by at least two Justices in Sessions and give security for the same neither shall they use shooting in pain to forfeit their Bows and Arrows to be taken from them by any of the Kings Subjects X. Justices of Assise Goal-delisery and Peace in Sessions and Stewards in Leets shall hear and determine the breaches of this Act. XI The one Moitie of all these forfeitures is given to the prosecutor and the other where there is no Leet is given to the King and where there is a Leet to the Lord of that Leet XII None shall keep or maintain any house or place of unlawful Games in pain of 40 s. and none shall use or haunt such places in pain of 6 s. 8 d. XIII In every Placard to keep common Gaming the Games here to be used shall be inserted as also the persons who shall play thereat and every Placard otherwise granted shall be void The Grantee also of such a Placard shall be bound by Recognizance in the Chancery with good sureties not to use it contrary to the form thereof XIV It shall be lawful for Justices of Peace in every County and for Head officers in Corporations as well within the Liberties as without to enter and resort into all such houses and places where such unlawful Games are suspected to be used and as well the keepersthereof as the resorters thereunto to arrest and imprison untill they shall severally give good security at the discretion of the said Justices or Officer nor to keep such Games any more XV. Every Mayor Sheriff Bailiff Constable and other Head-officer within every City Burrough or Town shall make due search as aforesaid once every moneth at least in pain to forfeit 48 s. for every such default XVI No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Mariner Fishermen Water-men or Serving-man shall play at Tables Tenis Dice Cards Bowls Clash Coyting Logating or any other unlawful Game out of Christmas or then out of their Masters house or presence in pain of 20 s. And none shall play at Bowls in open places out of his Garden or Orchard in pain of 6 s. 8 d. XVII All informations or suits upon this Statute shall be prosecuted within one year and the forfeitures thereof which happen within a Leet or Liberty shall be divided betwixt the King and the Lord thereof and in all other places betwixt the King and the prosecutor XVIII Proclamation of this Act shall be made Quarterly in every Market Town as also at every Goal-delivery Assize and Session XIX This Act shall not restrain a servant by his Masters license to play at Cards Dice or Tables with the Master himself or other Gentlemen reforting to his masters house And if the Master hath free-hold of 100 l. per annum he may also license his servant to play at Bowls or Tenis XX. Stat. 2.3 P. M. 9. All Licenses to keep houses or places of unlawful Games shall be void XXI Stat. 16 Car. 2. ca. 5. If any person of what degree or quality soever after the 29th of Sept. 1664. shall by any fraud shift cousenage circumvention deceit or unlawful device or ill practice whatsoever in playing at or with Cards Dice Tables Tennis Bowls Kittles Shovel-beard or in or by Cock-fightings Horse-races Dog-matches or Foot-races or other Pastimes Game or Games whatsoever or in or by bearing a share or part in the stakes wagers or adventures or by betting on the sides or hands of such as do or shall play act ride or run as aforesaid win obtain oâ acquire to him or themselves or to any other or others any sum or sums of money or other valuable thing or things whatsoever every person so offending shall forfeit the treble value of the money or things so won gained obtained or required One moity to the King the other moity to the person grieved or who shall lose the fame so as such person prosecute within six months next after such play And in default of such prosecution then the same other moity to such other person as shall prosecute within one year next after
any of them or in their default a Justice of Peace have power to assess and levy by distress sale and commitment as aforesaid XVI Justices of Peace shall then likewise rate every Parish towards the relief of the Kings Bench and Marshalsey and also of Hospitals and Alms-houses scituate within their several jurisdictions appointing onely so much to the said Hospitals and Alms-houses that the Kings Bench and Marshalsey may each of them receive at least 20 s. yearly out of every County And the sums thus to be assessed upon every Parish the Churchwardens there shall collect and levy as before and pay them over quarterly to the High Constable of that respective division ten dayes before every Quarter-Sessions and the High Constables shall every Quarter Sessions pay the same over to the two Treasurers of the County or one of them to be yearly chosen by the more part of the Justices of Peace out of such Subsidy-men as were taxed in the last tax of Subsidies at 5 l. lands or 10 l. goods Which Treasurers so chosen shall yearly at Easter-Sessions render a true accompt to their successors and pay the moneys in their hands to the Lord chief Justice of the Kings Bench and the Knight-Marshall by equall portions And here the Church-warden or his Executors c. which fails in payment to the High-Constable shall forfeit 10 s. and he High-Constable or his Executors c. which fails in payment to the Treasurers shall forfeit 20 s. to be levied and imployed by the said Treasurers as aforesaid XVII The Stock of every County shall be ordered and disposed to charitable uses as the Justices or the more part of them shall think convenient XVIII The Treasurer that refuseth to execute his Office to distribute relief or to accompt as the most part of the Justices shall direct shall be fined by the same Justices or in their default by the Judges of Assize three pounds at least which fine shall be levied by sale of goods upon the prosecution of any two Justices authorised by the rest XIX A provision for the Islands of Fowlnesse in Essex XX. Upon an Action brought for the due execution of this Act the Defendant may plead the general issue and yet give special matter in evidence and shall also recover treble damages and his costs of suit XXI Stat. 7. Jac. 3. Money given to put out poor children Apprentices shall be imployed in Corporate Towns by the Corporations and in other places by the Parson or Vicar together with the Constables Churchwardens and Overseers of the poor or the most part of them who shall not forbear or refuse to imploy the same accordingly in pain to forfeit five Marks each of them so making default to be divided betwixt the poor of the Parish and the prosecutor XXII The party taking money with such an Apprentice shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation or within three moneths next after the end of the said seven years and if such Apprentice shall die within the seven years then within one year after his or her death And if the Master Mistris or Dame happen to die within the seven years then within one year after their death so as the money may be employed in placing the Apprentice with some other of the same Trade to serve out his time at the discretion of the parties trusted as aforesaid XXIII The money so given shall be employed within three moneths after the receipt thereof and if there shall not be apt persons found in the places where it is given to be Apprentices it shall be employed in the Parishes next adjoyning by the parties that are trusted with it in the places where it was so given and there also Bond shall be taken as before is declared XXIV The choice of Apprentices shall be out of the poorest sort of children whose Parents are the least able to relieve them and no such Apprentice shall be above the age of 15 years when he or she is first bound XXV The parties so trusted shall yearly in Easter-week or within one moneth after account before two or more of the next Justices of Peace And if there be any Obligations or money remaining in their hands they shall upon such account or within ten dayes after deliver the same unto their successors XXVI If any Officer so trusted shall break the trust reposed in him mis-imploy the said money or do any thing contrary to this Act for which he cannot be punished by this Act the Lord Chancellor or Keeper shall upon the Petition of any person award a Commission to such as he shall think fit to enquire hear and determine such offences and if the Commissioners shall find money so misimployed they shall in places not Corporate have power to rate raise and collect it upon the parties so offending or otherwise upon the able Inhabitants of the City Town or Parish so in default as the said Commissioners or the greatest part of them shall think fit and shall return the said Commission together with the manner of executing the same into the Chancery within three moneths next after such execution thereof XXVII Stat. 1 Jac. 25. All persons to whom the Overseers of the poor shall according to the Statute of 43 El. 2. bind any poor children Apprentices may take receive and keep them as Apprentices See also the same continued and confirmed by 21 Jac. 28. and 3 Car. 4. XXVIII Stat. 3 Car. 4. The aforesaid Statute of 1 Jac. 25. is again continued and confirmed XXIX The Churchwardens and Overseers of the poor mentioned in the Statute of 43 El. 2. may with the consent of two or more Justices of the Peace one of the Quorum within their respective limits wherein there shall be more Justices of Peace then one and where no more shall be then one with the assent of that one Justice set up use and occupy any Trade Mystery or Occupation only for the setting on work and better relief of the poor of the Parish or place where they so bear office respectively XXX Stat. For Relief of poor Souldiers See Title Captains and Souldiers Numb LXVII XXXI Stat. 14 Car. 2. cap. 12. Upon complaint made by the Church-wardens or Overseers of the poor of any parish to any Justice of the Peace within 40 dayes after any persons coming to settle in any Tenement under the yearly value of 10 l. Any two Justices of the Peace whereof one of the Quorum may by Warrant remove such persons to such Parish where they were last setled either as a Native Housholder Sojourner Apprentice or Servant for the space of 40 dayes unless they give security to discharge the Parish to be allowed by the said Justices Provided persons grieved may appeal to the next Quarter-Sessions XXXII Provided all persons may go from place to place to work in Harvest carrying with them Certificates from the Minister one
E. 3.11 Justices rssigned to hear and determine felonies shall direct their Writs to all the Counties of England where need shall be to take persons indicted or outlawed for felony III. Stat. 25. Stat. 5.17 Process shall be made in a Writ of debt and detinue of cattel and taking of beasts by Writ of Capias and by process of Exigent by the Sheriff's return as is used in a Writ of Accompt IV. Stat. 6 H. 6.1 Upon Indictment of any person in the Kings Bench for Treason Felony or Trespass a Capias shall be awarded against him as well to the Sheriff of the County where he was so indicted as of the County whereof he is named in the indictment returnable at least six weeks after before an Exigend shall be awarded And if any Exigend shall be awarded or Outlawry pronounced before such return they shall be void This Ordinance shall endure as long as it shall please the King V. Stat. 8 H. 6.10 Upon every such Indictment or appeal before Justices of Peace or other Commissioners or any person dwelling in another County then where the indictment or appeal was taken before any Exigend be awarded thereupon after the first Capias returned another shall issue out against him to the Sheriff of the County where he is supposed by the indictment to be most conversant returnable three moneths after before the Justices or Commissioners before whom he was so indicted or appealed where the Counties are holden from moneth to moneth but four moneths after where they are holden from six weeks to six weeks VI. In this second Capias the Sheriff shall be commanded to take him if he be in his Bailiwick but if he cannot find him then to make Proclamation at two several Counties before the rerurn thereof that he appear at the return at which time if he come not an Exigend shall be awarded And every Exigend awarded or Outlawry pronounced otherwise shall be void VII This Statute of 6 H. 6.1 is confirmed and an action upon the Case is maintainable by the party wrongfully indicted or appealed against the procurer thereof wherein he shall recover treble damages and the process thereof shall be as in Trespasse vi armis VIII This Act shall not extend to indictments or appeals taken in the County of Chester IX If the Indictee or Appellee happen to be conversant in the County where the indictment is found at the time of the finding thereof like process shall be made against the person as heretofore hath been used X. Stat. 10 H. 6.6 The Statute of 8 H. 6.10 is confirmed XI When such Indictments or Appeals as are mentioned in the Statute of 8 H. 6.10 are removed by Certiorari into the Kings Bench like Processes and Returns shall be issued and observed in that Court as the Justices or Commissioners are ordered to issue and observe by the same Statute And Exigents or Outlawries otherwise awarded or pronounced shall be void XII Stat. 19 H. 7.9 Like Process shall be hereafter had in Actions upon the Case sued in the Kings Bench or Common Pleas as in actions of Trespass or Debt XIII Stat. 23 H. 8.14 Like Process shall be had in every Action hereafter to be brought upon the Statute of 5 R. 2.7 which see in Forcible Entry as in Trespass and like Process in every Writ of Annuity and Covenant as in Debt XIV Stat. 8 El. 2. When any person shall sue forth of the Kings Bench any Latitat Alias and Pluries Capias against any person who thereupon doth appear and put in bail if the Plaintiff do not declare within three dayes after or do after Declaration delay or discontinue his suit or be non-suit the Judges of that Court shall thereupon award damages against the Plaintiff XV. The like shall be done in the Courts of the Marshalsey London and all other Corporations and Liberties where the Courts are kept de die in diem but where they are not so kept then the Plaintiff must declare at the next Court after appearance unless he have longer time allowed him by the Court. XVI If any shall malitiously for vexation and trouble cause or procure any person to be arrested or attached to answer in any of the said Courts at the suit of any person whereas there is none such or with out the consent or agteement of the party at whose suit such arrest or attachment is procured the party so causing or procuring the same and thereof convict by indictment presentment the testimony of two or more witnesses or other due proof shall suffer six moneths imprisonment without bail and shall not be inlarged untill he hath satisfied the party grieved his treble damages and besides shall forfeit unto him if he be known 10 l. to be recovered as also the said treble damages by action of debt bill or plaint in any Court against the party so offending his Executors or Administrators in which no Essoin c. shall be allowed XVII Stat. 12 Car. 2. ca. 3. Process and Judicial proceedings continued and pleas and process under certain titles and names of Custodes Oliver c. may be prosecuted and proceeded upon XVIII Process and Pleadings in English in Courts of Justice from the first return of Easter Term 1651. till the first of August 1660. confirmed and no longer And the pleading the General Issue allowed till then according to the pretended Acts for the same And all Process Writs and Patents c. hereafter to issue in the Kings name XIX Stat. 12 Car. 2. ca. 12. What Judicial Proceedings shall not be avoided by reason of any alteration of the Names Stiles or Titles but shall be good and effectual in Law notwithstanding such defects See the Statute at large See Arrests Numb IV. Prochein Amy. I. West 1.47 3 E. 1. If a chief Lord being Guardian make Feoffment of the heirs land the heir shall forthwith recover it by Assise of Novel disseisin against his Guardian and the renant and the seisin shall be delivered by the Justices to the next friend to the heir to whom the inheritance cannot descend to improve it for the use of the heir and to answer him for the issues at his full age and the Guardian shall lose the custody of the thing recovered and all the inheritance that he holdeth by reason of the heir but if the Guardian be a mean Lord he shall lose the Wardship of all and be grievously punished by the King II If the Infant be carried away or disturbed by the Guardian or his Feoffee or any other so that he cannot sue his Assize his Prochein Amy shall be admitted to do it for him III. West 2.15 13 E. 1. If an infant be eloined so that he cannot sue personally his Prochein Amy shall be admitted to sue for him Prohibition and Consultation I. Stat. De Circumspecteângatis 13 E. 1. For penance corporal or pecuniary enjoyned for deadly sin as Fornication Adultery or the like also for not fencing the Church-yard
H. 4.3 and 4. Religious persons purchasing Bulls from the Pope to be exempted from obedience or tithes shall incur a praemunire X. Stat. 7. H. 4.8 No provision shall be made by the Pope nor license or pardon by the King touching any Benefice then full of an Incumbent XI Stat. 3. H. 5.4 All Provisions made by the Pope and licences or pardons by the King touching any Benefices full of an Incumbent shall be void and the provisors thereof shall incur a pramunire â Purprestures I. Stat. De Bigamis 4. E. 1. Purprestures or usurpatrons upon the King shall be reseised and if any complain of such reseisures hâ shall be heard and have right done him â Purveyors * I. Magna Carta 21. 9. H. 3. No Sherrif or Bailiff of the King or any other shall take any Horses or Carts of any man to make carriage except they pay for carriage with two Horses after the rate of 10 d. a day and with three 14 d. a day II. No Demesne Cart of any Spiritual person Lord or Knight shall be taken for carriage by the Kings Bailiffs Neither shall any wood be taken for the Kings use without the owners license III. Stat. De Tallagio nonconcedendo Tempore H. 3. vel E. 1. None of the Kings Ministers shall take any Corn Hides or any other goods without the owners consent IV. West 1.31 3. E. 1. Purveyors who take any thing for the Kings use upon credit shall immediately after they shall have received money of the King satisfie the Creditor in pain to have the same together with damages levied of their lands and goods and also to make fine for the trespass And if they have neither lands not goods they shall suffer imprisonment at the Kings will V. None shall take more Horses or Carts for the Kings use then need requires Nor take a reward to excuse any in pain to be punished by the Marshals if he be of the Court and if not being thereof attainted to pay treble damages and to remain in the Kings prison 40 dayes VI. Artic. super Cart. 2. 28. E. 1. None but the Kings Purveyors shall take any prices and they only for the use of his House paying or agreeing with the party for the same if the prices taken be meat drink or such other mean things VII Purveyors shall before they take any goods shew their Warrant to the owner which Warrant shall be under the great or petty Seal declaring also their authority and the goods whereof they are to make purveyance neither shall they take any more then need requires VIII Purveyors shall not take any thing for such as are in wages nor for any other but shall make full answer in the Kings House and in the Wardrobe for all things taken by them without making their larges elsewhere or liveries of such things as they have taken for the King IX A Purveyor upon complaint made to the Steward or Treasurer of the Kings House being attainted to have offended in the premisses shall forthwith agree with the party grieved be put out of the Kings Service for ever and remain in prison at the Kings pleasure X. If a Purveyor be attainted to have taken any thing without Warrant he shall be conveyed to the next Goal and suffer as a Felon if the value of the goods do so require XI Concerning prices made in Fairs good Towns and Ports for the Kings great Wardrobe the Purveyors shall have their common Warrant under the Great Seal XII This Act shall not diminish the Kings right to ancient prices due and accustomed as of Wines and other goods See this Statute confirmed by 18. E. 2.2 4. E. 3.4 and 25. E. 3.1 XIII Stat. 4. E. 3 3. No purveyance shall be made but only for the Houses of the King Queen or their Children XIV Purveyance made for those Houses shall be taken by ordinary striked measure and prized at the true value by the Constable and other good men of the place according to their Oath and without threats or dures for which express payment shall be made before the Kings departure out of that Verge See this Statute confirmed 10 E. 3.1 XV. Stat. 5. E. 3.2 Purveyances for the Houses of the King Queen and their Children shall be made without menace by the Constables and four disereet men of the place where they are to be taken who shall also be thereto sworn And Talley of the goods so taken shall be strook betwixt the Purveyors and the owners thereof in the presence of those Constable and apprizers under the Seals of the said Purveyors according to which the owners shall be afterwards paid And if a Purveyor shall be attainted to have taken any thing otherwise then is limited by this Statute he shall be imprisoned and suffer as a Felon if the value of the goods require it And in every Warrant of Purveyance the form and penalty of this Statute shall be inserted See 10 E. 3.1 and 25 E. 3.1 to the like effect XVI Stat. 14. E. 3. Stat. 3.1 Spiritual persons goods shall not be taken by Purveyors nor their Houses charged with Horses Dogs Hawks or the like without their consent and good liking XVII Stat. 13 E. 3.19 Stat. 1. The Kings Purveyors shall take nothing without the owners consent and shall pay for what they take before the Kings departure out of that Verge And if they attempt to do any thing against this Statute by colour of their Commission no man is bound to obey them XVIII For the purveyance of Towns and Castles in Scotland and England Merchants shall be appointed by the Treasurers without Commission but none shall be compelled to sell any thing against their will XIX The Sheriff shall make purveyance for a certain number of the Kings Horses and Dogs out of the issue of his Bailiwick XX. The Countrey shall not be charged with any more persons then are necessary to keep those Horses v z. for every Horse a servant without bringing Women Pages or Dogs with them XXI Stat. 18. E. 3.4 In Commissions of purveyance the fees of the Church shall be excepted XXII Stat. 25. E. 3. Stat. 5.6 No Purveyor shall take any Timber growing about a mans house in pain of one years imprisonment and the losse of his Office XXIII Stat. 25. E. 3. Stat. 5.15 No Purveyor shall take more sheep for the Kings House before Sheer-day then shall be needfull in pain to suffer as a Felon and this penalty shall be inserted in every Commission of Purveyance XXIV Stat. 28. E. 3.12 When the value of the purveyance exceeds not 20 s. present payment shall be made for it within one quarter of a year after upon a certain day and at a place convenient for the party that is to receive it XXV Stat. 34. E. 3.2 No purveyance shall be hereafter made save only for the King Queen and Prince XXVI Stat. 34. E. 3.3 As concerning parveyances for the Queen or Prince present payment shall be made
or Dockets of all things by him taken and subscribing his name thereunto shall deliver them to the Constables Head-boroughs or other Officers of the places where he takes the same things in pain for every such default to suffer one years imprisonment and forseit 100 marks to be divided betwixt the King and the prosecutor which said Dockets shall be by the said Officers delivered over to the Justices of peace at their next general Sessions and by them certified to the Lord Steward Treasurer or Comptroller of the King and Queens houses if such purveyance were for the house but if for the Navy then to the Treasurer or Comptroller of the Navy and all this to the end a true answer of the purveyors Commission may fully appear LVIII This Statute shall not give liberty to purveyors or their Deputies to execute their Office otherwise then is provided and expressed in other Statutes heretofore made upon the pains and penalties in the same former Statutes contained LIX Statutes made and provided for purveyors or Takers shall also extend to their Undertakers Deputies and servants LX. All Commissions of purveyance shall be written in English LXI Stat. 12 Car. 2. cap. 24. Purveyanacs for the Kings houshold and all carriages for purveyances and all sums of money or other things taken rated or paid in regard hereof or of any the children of any King or Queen of England and all constraint for providing Carriages for their goods without the owners free consent obtained without menace or enforcement be taken away and in recompence thereof and of the Courts of Wards taken away Rates of Excise given to the King LXII Stat. 13 Car. 2. cap. 8. The clause in the Act taking away purveyances being inconvenient in regard of the King or Queens Royal progresses It is Enacted That the Clerk or chief Officer of the Kings Carriages three dayes before the Kings Arrival by Warrant from the Green-Cloth shall give notice to two Justices of the peace adjoyning to provide Carts and Carriage for the Kings use expressing the time and place of attendance every carriage to consist of four horses or four Oxen and two horses for every which Carriage the owner to receive 6 d. for every mile going laden LXIII If any shall upon occasion refuse or neglect to provide Carriages accordingly for the King or Queen his or her houshold and be convicted by the Oath of the Constable other Officer or two Witnesses before any Justice of the Peace of the Countrey such person shall forfeit 40 s. to the Kings use to be levied by distress and sale of his goods Provided none be compelled to travel above one dayes Journey and upon ready payment at the place of lading LXIV If any Justice of the Peace or other Officer shall take any gift or reward to spare any or shall impress any other Carriage then directed from the Green-Cloth he shall forfeit 10 l. to be recovered in any the Kings Courts of Record And any person taking supon him to impress any horses or Carriages other then impowred he shall suffer the punishment in the recited Act. LXV The Kings servants shall not pay above 12 d. a night for a bed and 6 d. for a servants bed and where they pay for their diet and horsemeat beds shall be provided gratis LXVI Two Justices of the Peace near the Road after notice from the Green-Cloth or Avenor under their hands and seals shall set and proclaim the rates and prizes to be paid during the Kings stay for Hay and Oats and other accomodations for horses and rone shall take more upon pain of 40 s. to be levyed by warrant of the said Justices upon the Offendors goods LXVII This Act to continue untill the end of the first Session of the next Parliament and no longer LXVIII Stat. 14 Car. 2. cap. 20. The said clause of the Stat. 12 Car. 2. cap. 24. of setling a revenue upon the King in lieu and recompence for taking away the Court of Wards and Purveyance being recited It is notwithstanding Enacted LXIX That Carriages shall be provided for the use of the Kings Navy and Ordnance upon notice in writing by appointment of the Lord Admiral or two or more of the principal Officers or Commissioners of the Navy or Master or Lievtenant of the Ordinance directed to two Justices of the Peace near the place where the same are to be provided LXX The said two Justices of the Peace shall issue their Warrants to such adjacent Parishes Hundreds or Divisions as they shall think fit not above 12 miles distant from the place of lading The Owners to receive for every load of Timber 12 d. per mile and for every other provision 8 d. the mile per Tun from the place of lading LXXI The Lord Admiral or Officers above mentioned may likewise impress Ships Hoyes and Boats for the Carriages imployed for the Navy and Ordnance at the rates per Tun usually paid by Merchants and upon difference to be setled by the Brotherhood of Trinity-house of Debtford-strand LXXII If any the Kings subjects shall refuse or neglect to perform the service in carriage upon conviction as aforesaid for land-Carriages and for Water-carriages by the Oath of such persons as shall be appointed by the Lord Admiral or principal Officers aforesaid or two credible Witnesses shall for every such default of Land-Carriage forfeit 20 s. And for water-carriage treble the fraight of the ship or vessel to be levyed by the Justices of the Peace or other chief Officer of Corporations or from the principal Officers of the Navy aforesaid by distress and sale of the Offendors goods LXXIII Provided no person or carriage be forced to travel further or continue longer then by order of the said Justices of the Peace and ready payment at the place of lading LXXIV No Officer impowred shall take any gift or reward to spare any person nor none shall be charged injuriously of evil will no more then necessity of service shall require or then shall be commanded by the superiours upon forfeiture of 10 l. to the party grieved to be recovered by Action of debt and if any shall take upon him to press any horses or Carriage being not lawfully impowred to incur the penalty in the Act for taking away purveyances mentioned LXXV Proviso no ship or vessel fraighted by Charter-party if there be other vessels in the Port nor any vessel quarter-laden outward bound shall be lyable to be impressed LXXV Proviso to allow the Inhabitants of New-Forrest in the County of Southampton 4 d. per mile extraordinary going empty This Act to continue till the end of the first Session of the next Parliament and no longer Quakers * I. Stat. 13 14 Car. 2. cap. 1. IF any persons who maintain That the taking of an Oath in any case whatsoever though before a lawful Magistrate is unlawful and contrary to the Word of God shall wilfully refuse to take an Oath by the Laws of the land being duly
tendred or shall perswade any other to forbear the taking the same so tendred or shall go about by Printing writing or otherwise to maintain That the taking of an Oath in any case whatsoever is unlawful And persons called Quakers may not assemble themselves together above 5 in number of the age of 16 years or more under pretence of Religious Worship upon penalty for the first Offence upon conviction by verdict or confession a fine not exceeding 5 l. The second offence 10. l. upon every offendor To be levyed by Warrant of the parties before whom the conviction shall be and for want of distress and non-payment within one week after conviction for the first offence Imprisonment or house of Correction three Months the second offence six Months which penalties shall be imployed for the maintaining the house of Correction II. The third offence and conviction the party offending shall abjure the Realm or otherwise the King may give order to transport the offendor to any of his Majesties Plantations beyond the Seas III. Justices of Oyer and Terminer Assise Goal-delivery and Justices of the Peace in open Sessions may hear and determine the said offences within their respective limits IV. Any Justice of the Peace Mayor or chief Officer of a Corporation may commit to the Goal or bind over persons with suffient sure ties in order to their conviction V. Such persons as after conviction shall take such Oaths for which they stand committed and give security to forbear meeting in any such unlawful assembly shall be discharged of all the said penalties VI. A Lord of Parliament for every third offence within this Act shall be tryed by Peers Queen I. Stat. 1. M. Parl. 2.1 ALL Regal power of this Realm and all dignities and preheminences thereunto belonging shall be as well in a Queen as in a King Quod Permittat I. West 2.24 13 E. 1. In like manner as a Parson of a Church may recover common of pasture by a writ of Novel disseisin so his successor shall have a Quod permittat against the Disseisor or his heir though there was never such a Writ granted out of the Chancery before â Rape * I. West 1.13 3 E. 1. NOne shall ravish or take away by force any Maid within age neither by or without her consent nor any Wife or Maid of full age nor any other woman against her will II. Here any person may sue within 40 dayes but if not then the King shall have the suit and such as be found culpable shall suffer two years imprisonment and make fine at the Kings will and if they have not whereof they shall be punished by longer imprisonment as the trespass requireth III. West 2.34 13 E. 1. If a man ravish a Woman married Maid or other where she did not consent neither before nor after he shall have judgment of life and member IV. Where a man ravished a woman married Lady Damosel or other albeit she confent after yet he being attainted thereof shall have like judgment as before and here the King shall have the suit V. Of women-carried away with the goods of their husbands the King shall have the suit for the goods so taken away VI. If a woman willingly leave her husband and go away and continue with her Advowterer she shall be barred for ever of action to demand her Dower unless her husband willingly and without coertion of the Church reconcile her and suffer her to dwell with him VII None shall carry away a Nun from her house ableit she consent in pain to suffer three years Imprisonment and to make satisfaction to the house and fine to the King VIII Stat. 6 R. 2.3 Both the Ravisher and Ravished where she consents after the fact are disabled to have or challenge any Inheritance Dower or joynt estate after the death of their Husband or Ancestor IX In an appeal of Rape the Husband Father or next of the bloud shall have the suit and the Defendant shall not be received to wage battel Reasonable Aid I. West 1. 35. E. 1. and 25 E. 3. Stat. 5.11 Reasonable Aid to make the Kings eldest Son a Knight and to marry his eldest Daughter shall be for a Knights fee holden of the King without mean 20 s. and every 20 l. land in soccage shall pay as much and so more or less according to that rate And it shall be levied at 15 years age of the Son and 7 years of the Daughter Here if the Father levy it and dye and before the marriage of the Daughter the Fathers executors shall be charged therewith and if they have not assets the heir shall be therewith charged Receivers I. Stat. 34 H. 8.2 All Collectors of Fifteens and Subsidies or other tax or loan and all particular and general Receivers of the Kings revenues shall within three months after the same are due and by them received truly pay them unto the Kings use in pain to lose their Offices and also to forfeit 4 s. for every pound so received and not paid in as aforesaid to be recovered by Bill Plaint or Action of Debt at the Kings suit Howbeit lawful tender thereof within the said time shall excuse the said penalties albeit they be not then received by the proper Officer by reason of other occafions II. Provided that the heir of any such Collector or Receiver shall not be charged by reason of this Act but only in lands which descend in fee-simple or fee-tail or which have been conveyed unto him by collusion from such Collector or Receiver neither shall their executors or administrators be otherwise charged for the same then as they are chargeable by the Common Law in action of debt commenced against them as Executors or Administrators III. The heir being charged shall have remedy against the Executors or Administrators of his Father or Ancestor and shall have execution of such goods and chattels as remain in their hands at the time of the Action brought IV. This Act shall not extend to the Collectors of the Custome or of Tunnage and Poundage nor to restrain the payment of pensions fees annuities rents or other allowances to be paid by the said Receivers according to the several allowances thereof V. Stat. 7 E. 6.1 Every Treasurer general and particular Receiver Bailiff and Minister Accomptant to the King shall before his entry upon the Office be bound with surety or sureties for his true account and payment in pain to lose his Office VI. Every such Receiver his Deputy or Deputies shall yearly make Precepts to the several Collectors Ministers and Bailiffs accountant within the circuit of his Office charging them thereby personally to appear before him or by their Deputy or Deputies for whom they will answer within the County where such Offices do lye at a certain day and place in the said Precept to be limited to pay in such moneys as shall be due within their Collections to the King at or before Easter which Precept shall be delivered
Justices to the Churchwardens or Overseers of the poor if not paid within ten dayes V. All Deanes Canons Prebendaries Masters Fellows of Colledges c. Parsons Vicars Lecturers Schoolmasters c. enjoyned to take and subscribe the Declaration following J. A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that trayterous position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare that I do hold there lies no obligation upon me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of the Kingdom The same shall be subscribed by the Heads of Colledges c. in the Universities before the Vicechancellor or his Deputy And before the Archbishop or Ordinary of the Diocess by every other person upon pain of forfeiture and loss of their places as if dead VI. Schoolmasters or Tutors that shall teach any youth in any private house without licence from the Archbishop or Ordinary of the Diocess shall for the first offence suffer 3 months imprisonment for every second or other 3 months imprisonment and forfeit 5 l. VII Every Parson Vicar Curate and Lecturer after subscription made shall procure a Certificate under the hand and seal of the Archbishop Bishop or Ordinary of the Diocess and publickly read the same together with the said Declaration upon some Lords day within 3 months then next following in his Parish Church where he is to officiate in the presence of the Congregation there assembled in the time of Divine Service upon pain of being deprived ipso facto and his place void as if dead VIII After the 25th of March 1662. the words following part of the Declaration shall be omitted viz. And I do declare that I do hold there lies no obligation on me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and liberties of this Kingdom and none shall thenceforth subscribe or read the same IX No person not ordained according to the form of Episcopal Ordination shall hold any Benefice with cure or Ecclesiastical promotion nor be capable of any such benefice nor administer the Sacrament not being ordained a Priest according to the form of the foresaid Book upon pain to forfeit for every offence 100 l. one moyety to the King the other moyety to the party that will sue for the same X. Provided the penalties in this Act extend not to Aliens of foreign reformed Churches allowed by the King XI Provided no title of laps accrue by any avoidance or deprivation by this Act but after 6 months after notice given by the Ordinary to the Patron or such sentence of deprivation openly read in the Parish Church becoming void by this Act. XII No other Form of Common Prayer shall be used in any Church Chappel or publick place Colledge or Hall of the Universities And all Governors and Heads of Colledges in the Universities shall within a month after admission to his place openly in the Church Chappel or publick place of the Colledge in the presence of the Fellows and Scholars of the same subscribe the 39 Articles of Religion mentioned in the Stat. 13 El. Ca. 12. and declare his approbation of the said Book of Common Prayer And all the said Governours or Heads shall read the morning Prayer according to the said Book once every quarter publickly in their Church Chappels or other publick place upon pain of suspension for 6 months from their place and if he shall not subscribe to the said Articles and Book within the said 6 months then the place to be void Provided the said Book may be used in Latine in Colledges XIII None shall preach or read as a Lecturer without Licence of the Archbishop or Bishop of the Diocess And all Lecturers shall declare their consent to the 39 Articles aforesaid and shall openly read the Common Prayers and declare their approbation thereof and shall read the same the first Lecture-day of every month and after reading declare their approbation thereof upon pain to be disabled to preach or read any Lecture until he shall conform XIV Provided it shall suffice that Lecturers in Cathedral Churches only declare their assent to the said Book XV. If any person so disabled shall preach any Lecture or Sermon the person so offending shall suffer 3 months imprisonment in the common Goal And any two Justices of the Peace and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place made to him or them of the offence committed shall commit the person offending to the Goal accordingly XVI The Common Prayer shall be read before every Sermon or Lecture and the Lecturer that shall preach shall be present at the same Provided this Clause extend not to Sermons or Lectures preached as publick University Sermons XVII The several Laws and Statutes formerly made for uniformity of Prayer and now in force shall be put in ure for punishment of offences against the Book established by this Act 1 El. Ca. 2. 23 El. Ca. 1. Proviso the names of the King and Queen be fitted in the Prayers Letanies and Collects according to the present occasion XVIII The Books of Common Prayer shall be provided by every Parish Chapelry Cathedral Church Colledge and Hall upon penalty of 3 l. a month for lack thereof for every month after St. Bartholmews day 1662. XIX Provisoe that the Bishops of Hereford St. Davids St. Asaph Bangor and Landoff do take care for translating the said Book into the Welsh Tongue for Printing and providing the same in every Parish there XX. True Copies of the said Book of Common Prayer shall be exemplified under the great Seal of England and kept in the several Courts of Westminster and Tower of London to be produced and shewed forth in Court as need shall be XXI Provided this Act be not prejudicial to the Kings Professor of Law in the University of Oxford concerning the Prebend of Shipton in the Cathedral Church of Sarum united to the said Professors place by King James XXII Proviso whereas the clause in the 36th Article mentions the Book established by K. E. 6. It shall extend to the Book of Common-prayer established by this Act. See the precedent Laws of this matter Title Crown and Title Service and Sacraments XXIII Stat. 15. Car. 2. Ca. 6. Stat.
this is to prevent a return of the Sheriff by tarde III. And for that the Sheriff sometime returns a Mandavi Ballivo of a Liberty where there is none such the Treasurer of the Exchequer shall deliver to the Justices in a Roll all Liberties in every County that have return of Writs and if the Sheriff return a Mandavi Ballivo of a Liberty not contained in the said Roll he shall be punished as a disheritor of the King and his Crown And if he return a Mandavi Ballivo of a liberty that hath return he shall have a Non omittas propter aliquam libertatem to do it and shall be commanded to warn the Bailiffs thereof to be ready at a day to be named in the Writ to answer why they did not execute the Kings Precept when if they come and acquaint themselves that no return was made to them the Sheriff shall be condemned to the Lord of the Liberty and also to render damages to the party grieved by such delay But if the Bailiffs appear not or do not acquit themselves as aforesaid in every Judicial writ so long as the Plea hangeth the Sheriff shall have a Non omittas c. IV. As concerning the Sheriffs return of issues if the Plaintiff demand Oyer of the Sheriffs return it shall be granted him and if heaver that the Sheriff might have returned greater issues unto the King he shall have a writ Judicial unto the Justices of Assize to enquire in the presence of the Sheriff if he will be there what issues the Sheriff might have returned from the Teste to the return of the Writ And when the Enquest is returned if he have not before answered the whole he shall be charged with the Overplus by estreats out of the Exchequer and beside shall be grievously amerced for the Concealment And here rents corn in the grange and all movables except Horse harness and houshold-stuff are imprisoned under the name of Issues V. The King commands that Sheriffs shall be punished by the Justices once or twice if need be for such false returns Howbeit with the third offence none shall meddle but the King VI. The Sheriff must beware of returning a rescue for such answers tend much to the dishonour of the King But when the Bailiffs testifie such resistance forthwith the Sheriff all other business laid aside taking with him the Posse Comitatus he shall go in proper person to do execution and if he find his under Bailiffs false he shall punish them by imprisonment but if not he shall imprison the resisters from whence they shall not be enlarged without the Kings special command VII Also in case of resistance the Sheriff shall certifie the Court of the names of resisters their Aiders Consenters Commanders and Favourers and by a Writ Judicial they shall be attached by their bodies to appear in Court where if they be convict they shall be punished at the Kings pleasure See this Statute confirmed in Art Sup. Chartas 16. 28 E. 1. VIII Stat. 12 E. 2.5 An Indenture shall be made between the Sheriff and Bailiff of a Franchise under their names of every return delivered by the Bailiff to the Sheriff and if the Sheriff change the return so delivered and be thereof convict he shall be punished by the King and yield to the Lord of the Liberty and to the party grieved double damages IX Sheriffs and Bailiffs shall set their names to their returns in pain to be grievously amerced to the Kings use X. Stat. 2 E. 3.5 At what time and place in the County a man delivereth a Writ to the Sheriff or Under-Sheriff they shall receive the same and make him a Bill according to the Statute of Westm 2.39 without taking any thing for the same and if they refuse to make such a Bill others there present shall set to their seals and if the Sheriff or Under-Sheriff return not such Writs they shall be punished according to the said Statute Also the said Justices of Assize shall have power to enquire thereof and to award damages having respect to the delay and likewise to the loss and damage that might happen Revenue See Title King Richmond I. Stat. 26 H. 15. A Statute shewing what duties Spiritual persons Beneficed in the Arch-deaconry of Richmond shall take after the decease of any person there Rie and Winchelsey I. Stat. 2 E. 6.30 An Act was made against Ballast to be cast into the Channell there Right I. Magna Carta 24. 9 H. 3. The Writ called Praecipe in Capite shall be granted to no man upon any Free-hold whereby any Freeman may lose his Court. â Riots Routs and unlawful Assemblies I. Stat. 27 R. 2.8 The Sheriffs and all other the Kings Officers shall suppress Rioters and imprison them and all other offending against the Peace â II. Stat. 13 H. 4.7 The Justices of Peace or two of them at least together with the Sheriff or Under-Sheriff shall by the power of the County suppress Riots Routs and unlawful Assemblies arrest the offenders and record what shall be done By which Record of the said Justices and Sheriff or Under-Sheriff the offenders shall stand convict as by the Statute of 15 R. 2.2 in case of Forcible Entries which see in Force and if the offenders be departed the said Justices and Sheriff or Under-Sheriff shall within a month after make enquiry thereof and hear and determine the same according to Law III. If upon such enquiry the truth cannot be discovered in manner aforesaid then shall the said Officers within one month after such enquiry certifie the fault together with the circumstances thereof unto the King and his Council which certificate of theirs shall be in the nature of a presentment by twelve whereupon the offenders shall be brought to answer and those that be found guilty shall be punished at the discretion of the King and his Councill IV. If the offenders traverse the said Certificate then that together with the Traverse shall be sent into the Kings Bench there to be tried V. If the offenders upon the first Precept do not appear before the Council or in the Kings Bench a second Precept shall issue forth upon which if they cannot be found or within three Weeks after Proclamation made against them in the next County Court after the delivery of the second Precept they do not make their appearance before the Council in the Kings Bench or in the Chancery in vacation-time upon return of the said Proclamation they shall stand convict and attainted of the offence committed VI. Justices of Peace dwelling near the place where such Officers shall be committed and Justices of Assize for the time they shall be in their Sessions in case any be then committed shall dâ execution of this Act in pain of 100 l. â VII Stat. 2 H. 5.8 If default be found in the Justices of Peace or Assize or in the Sheriff or Under-Sheriff touching the execution of 13 H. 4.7 at the instance
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 â 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 â 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 Countrey shall have but fourty dayes given them to agree for the robbery or offence otherwise they are to answer for the bodies of such offenders VI. Cap. 4. In great Towns walled the gates shall be shut from Sun-set till Sun-rising and none shall lodge without the Town from nine a clock until day unless his Host will answer for him for which purpose the Bailiffs of the Towns shall make search once every fortnight at least and if they find any suspitious person lodged without the Town against the Peace they shall do right therein Again betwixt Asceasion-day and Michaelmas watch shall be kept all night from Sun-set till Sun-rising viz. in a City with 6 men at every gate in a Burrough with 12 men and in every Town with 6 or 4 men according to the number of the inhabitants there if any stranger pass by them he shall be arrested untill the morning when if they have no suspition of him they shall let him go quit but if otherwise they shall deliver him to the Sheriff to be safely kept untill he be duly acquitted And here if he will not obey the Arrest they shall levy Hue and Cry upon him and for such Arrest of a stranger none shall be punished VII Cap. 5. High-wayes leading from Market to Market shall be so enlarged that there shall not be any dike tree or Bush within 200 foot thereof Howbeit this Act shall not extend to great Trees Here if by default of the Lord in not removing his dike under-wood or Bushes any robbery be here committed he shall be answerable for the same and if there be murder committed the Lord shall make fine at the Kings will And in case the Lord be not able to fell the Under-woods the Countrey shall help him The Kings Demesne Lands and Forests shall be also subject to this Law and if a Park be set too near the High-way the Pale thereof shall be removed to the distance aforesaid VIII Cap. 6. Pars inde Two Constables shall be chosen in every Hundred and Franchise who shall present to the Justices assigned such defaults as they shall find in the Countrey concerning suits watches and high-wayes and also such persons as lodg strangers in uplandish Towns for whom they shall not answer And the Justices assigned shall present them at the Parliament to the King who will provide remedy therein Also Sheriffs and Bailiffs of Franchises are straightly commanded to follow the Cry with the Countrey and to keep Horse and Arms to perform the same in pain to be presented by the Constables to the Justices assigned and by them to the King as aforesaid IX Artic. super Cart. 17. 28 E. 1. The Statute of Winchester shall be again sent into every County to be read and published four times in the year and to be kept as strictly as the Great Charters upon the pains therein limited And for the better observance thereof the Knights assigned in the Counties to redress things done against the Great Charter shall be likewise charged with this and have Warrant for the same accordingly X. Stat. 5 E. 3.14 If any have suspition of night-walkers or other suspitious persons then called Robertsmen Wastors and Draw-latches by day or night they shall be presently arrested by the Constables and if it be in a Franchise they shall be delivered to the Bailiffs but if in a Guildable then to the Sheriff and shall be kept in prison till the coming of the Justices to deliver the Goal and in the mean time the Sheriff or Bailiff shall enquire of such arrests and return their Enquests before the Justices at their coming together with the cause of their taking whereupon the Justices shall proceed to their deliverance according to Law and here if the Sheriff or Bailiff neglect to enquire they shall be amerced and nevertheless the Justices shall make enquiry and proceed to the deliverance XI Stat. 28 E. 3.11 The Statute of Winchester cap. 1. 2. 13 E. 1. is confirmed being in a manner the same with that word for word XII Stat. 7 R. 26. The Statute of Winchester is again confirmed and it shall be proclaimed four times a year by the Sheriff himself in person in every Hundred and in every Market by the Bailiffs thereof XIII Stat. 27 El. 13. The Hundred where fresh suit shall cease shall answer half the the damages to the Hundred wherein the Felony shall be commited to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit XIV When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1. Qu. dwelling within or near the same Hundred shall for the levying thereof set a tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular inhabitants and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them XV. No Hundred shall be chargeable when any one of the malefactors shall be apprehended or when the action is not prosecuted within one year after the Robbery committed XVI No Hue and Cry shall be deemed legal unless the pursuit be both by horse and foot XVII No person robbed shall maintain an action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within twenty days before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to the law XVIII Stat. 39 El. 25. A remedy for the inhabitants of the Hundred of Henhurst in the County of Berks for recovery of such sums of money as shall be gained from them by force of the Statute of 22 El. 11. XIX Stat. 14 Car. 2. cap. 22. For preventing Theft and Rapine by leud persons called Mess-Troopers frequenting the Borders of Northumberland Cumberland and the adjacent parts of Scotland The Inhabitants of the said two Counties may be charged for five years by the Justices of the Peace for resistance of the said Moss-Troopers XX. Provided not to charge Northumberland above 500 l. per annum and Cumberland above 200 l. per annum And the said Justices may apâoint men not exceeding 30 for Northumberland and 12 for Cumberland for searching for and apprehending the said malefactors and may issue Warrant for collecting the assessments and every Justice of the Peace may examine offences against this Act and bind over the offenders to Sessions
XXI The Justices impowred to appoint a Treasurer to receive the said moneys and make payment thereof according to their orders and may agree and article with persons by them employ'd and take security of them for safe-guarding the said Counties XXII If any persons imployed in Border-Service upon this Act shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers they shall be uncapable of being imployed in the said service and further fine and imprisonment as the Justices shall think fit XXIII The Justice may lessen the charge if they see cause this Act to continue 5. years The Stat. 4 Jac. cap. 1. 7 Jac. cap. 1. touching tryal of offenders flying out of England into Scotland et è contra revived and to be put in execution â Rome * I. Stat. 25 H. 8.19 The Convocation shall be assembled by the Kings Writs and shall not enact any Constitutions or Ordinances without the Kings assent II. No Canons shall be executed which be repugnant to the Kings Prerogative or to the Customs Laws or Statutes of this Realm III. There shall be no appeals to Rome but from henceforth they shall be according to the Statute of 24 H. 8.12 Which see in Appeals to Rome IV. Appeals from the Courts of Archbishops of this Realm shall be to the King in his Chancery out of which shall thereupon issue out a Commission under the Great Seal to certain persons to be named by the King who shall thereby have power to hear and definitively to determine all such appeals and the causes concerning the same and from whose decree or sentence therein there shall be no farther appeal V. If any sue for an Appeal to Rome he shall incur a Praemunire but this is made Treason by 13 El. 2. which see in Crown VI. Appeals from places exempt which were before to the See of Rome shall be henceforth into the Chancery and shall be determined before the Commissioners as aforesaid VII Provided That all Canons Constitutions Ordinances and Synodals Provincial not repugnant to the Kings Prerogative nor to the Customs Laws or Statutes of this Kingdom shall be still used and executed notwithstanding this Act. * VIII Stat. 25 H. 8.20 No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop neither shall Annates or First-fruits be paid to the same See IX Concerning the Election of Archbishops and Bishops the King may send to the Prior and Covent or Dean and Chapter of the place shall be void his Letters missive containing his conge d'eslire or license to elect the person named in the said Letters missive which person they are to choose for their Archbishop or Bishop and none other X. In case they fail to make election accordingly the King shall nominate such an Archbishop or Bishop by his Letters Patents and if it be a Bishop he shall present him to the Archbishop or in case that See be then void to any other Archbishop within his Dominion but if it be an Archbishop then to an Archbishop and two other Bishops or else to four other Bishops to be nominated by the King XI When any Archbishop or Bishop is elected or presented as aforesaid they are in due form to be invested and consecrated viz. a Bishop by the Archbishop of that Province or in case of vacation by any other within the Kings Dominions and an Archbishop by some other Archbishop ond two Bishops or else by four Bishops without suing for any Bulls Letters or other things from the See of Rome for the same And such Archbishop or Bishop betwixt his election and consecration shall be called the Lord Elect of such a Dignity XII Such election or presentment of an Archbishop or Bishop shall be lawful and make them capable to do and execute all things that concern the said Dignities XIII If the Prior and Covent or the Dean and Chapter within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election and certifie the same to the King or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated as aforesaid do not perform the same accordingly within 20 days after such presentment or if any person or persons de admit obey or execute any Censures Excommunicotions Interdictions Inhibitions or any other Process or Act in derogation of this Act that then all and every person and persons offending shall incurre a Praemunire XIV Stat. 25 H. 8.21 No imposition shall be paid to the Bishop or See of Rome neither shall any person sue for any dispensation or license to the Bishop of Rome XV. The Archbishop of Canterbury may grant dispensations to the King and likewise licenses to all others of things formerly used to be licensed Howbeit of causes not used to be licensed no dispensations shall be granted without the approbation of the King and his Councill XVI Here Licenses of things whereof the tax did heretofore extend at Rome to 4 l. shall be also confirmed by the Kings Great Seal and likewise enrolled in Chancery by a Clerk thereto appointed but all others may be granted by the Archbishop without such confirmation unless the party desire to have it enrolled and then the Fee for the Seal shall be 5 s. and not above And all Acts done by such licenses shall be good in Law XVII All children procreated after Marriage to be had or done by such licenses or dispensation shall in all Courts be admitted Legtiimate and Inheritable XVIII There shall be a Clerk assigned by the Archbishop to register Dispensations and another by the King to enroll Confirmations XIX There shall be two Books made wherein the taxes of Dispensation shall be written whereof the one shall remain with the said Register of the Dispensations and the other with the said Clerk of the Confirmations XX. None shall pay for dispensation greater taxes then shall be set down in the said Books and if any Officer takes more he shall forfeit ten times so much to be divided betwixt the King and the prosecutor Howbeit where they are Arbitrary the Archbishop and the Lord Chancellor and Keeper shall rate them and here also is set down how the money received shall be divided For which see the Statute at large XXI This Act shall not inhibit the Archbishop of York nor other Bishops to dispence as they were wont to do by the Common Law and custome of this Realm XXII During the vacation of the See of Canterbury the Guardian of the Spiritualities shall grant Dispensations Here is also a remedy provided where the Archbishop or Guardian refuse to grant Dispensations viz. by a Commission from the King to impower two other Prelates to perform the same For which see the Statutes at large XXIII All Religious Houses heretofore exempt from the Visitation of the Archbishop shall still remain so notwithstanding this Act and shall be under the Visitation of
in the mean time it be superseded XXXIV Stat. 1 M. Parliament 2. Cap. 11. The Statute of 23 H. 8.5 and all Commissions of Sewers shall extend and give authority that the Commissioners therein named for the County of Glamorgan or six of them whereof three to be of the Quorum shall by this Act and the said Statute of H. 8. and Commission have power to make Laws Ordinances and Decrees within the said County for the redress and saving of grounds there from hurt and destruction by reason of sand rising out of the Sea and driven to land by storms and winds as they may do by the said former Act and Commission for avoiding the outragious course and rage of the Sea and other waters XXXV Stat. 13 El. 9. All Commissions of Sewers shall continue in force for ten years after the date thereof unless they be repealed by a new Commission or a Supersedeas XXXVI All Laws Ordinances and Constitutions duly made according to the Statute of 23 H. 8.5 and written in parchment indented under the Seals of the Commissioners or six of them whereof one part shall remain with the Clerk of the Commission and the other in such place as the Commissioners or six of them shall appoint shall without any Certificate to be made into the Chancery and without the Kings assent continue in force notwithstanding any determination of such Commission by Supersedeas untill the same Laws Ordinances and Constitutions shall be altered repealed or made void by Commissioners afterwards assigned XXXVII After the end of ten years next after the Teste of a Commission all Laws Ordinances and Constitutions made by vertue thereof and written in parchment indented and sealed as aforesaid shall notwithstanding such determination of the Commission continue in force one whole year after the said ten years during which time the Justices of Peace of the County or Counties whither it is directed or six of them two Quorum have power to execute such Commission and Law c. as fully as the Commissioners themselves unless in the interim a new Commission be sent forth XXXVIII No Farmer for years of any Lands c. lying within the limits of the Commission which shall be chargeable with any Laws c. made by vertue of any such Commission wherein he shall be a Commissioner not having an Estate of Freehold in England worth 40 l. per annum shall have any power to sit or intermeddle with any such Commission during the time he shall be Farmer and not have Freehold as aforesaid but every such Commission as to him only shall be adjudged void XXXIX There shall be no certificate or return of the Commission or of any of their Laws Ordinances or doings by vertue thereof XL. The Clerk of the Commission shall yearly estreat all issues fines penalties forfeitures and amerciaments due and answerable to the Queen her heirs and successors and shall yearly deliver them into the Exchequer as Justices of Peace ought to do by vertue of their Commission in pain of 5 l. XLI Provided that the abovesaid Farmer may act in the Commission as concerning all other Lands save only the Lands whereof he is so Farmer as aforesaid XLII Stat. 3 Jac. 14. All Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses within two miles of London having their fall into Thames shall be subject to the Commission of Sewers and to all Statutes made for Sewers and to all penalties in the said Statutes contained XLIII Stat. 12 Car. 2. cap. 6. Commissioners of the Sewers to be made by the Lord Chancellor and others pro hac vice there being no Lord Treasurer nor Chief Justice of either Bench according as by the Stat. 23 H. 8. cap. 5. is appointed to joyn herein â Sheep * I. Stat. 3 H. 6.2 None shall transport Sheep beyond Sea without the Kings license in pain to forfeit them or the value thereof * II. Stat. 25 H. 8.13 None shall keep in his own possession at any one time above two thousand Sheep in pain to forfeit for every Sheep kept above that number 3 s. 4 d. to be prosecuted for a subject within one year and for the King within three but here Lambs shall not be accounted as Sheep till Midsummer twelve moneth after their fall III. If any happen to have more Sheep than two thousand by reason of any Executorship or marriage they shall not be impeached by this Law so that within one year after they put off so many that at the end of that year they may not have above two thousand Neither shall a child during his nonage nor any person for him be endamaged by this Act which child shall have by legacy above two thousand Sheep given him IV. Justices of Peace have power to hear and determine the offences committed against this Act but shall not set a less fine then is limited by the same V. Every temporal Subject may keep upon his own Demesne lands as many Sheep as he will or for the maintenance of his house above the number of two thousand notwithstanding this Act. VI. How Foulds courses and quillets of lands in Norfolk and Suffolk shall be used and to which quillets this Statute shall extend See the Statutes at large VII A thousand of Sheep meant by this Statute shall be accompted after the rate of six score to the Hundred VIII None shall take to Farm above two Farms together and they are to be scituate in the same Parish where he dwells in pain to forfeit 3 s. 4 d. for every week he takes the profits of them IX Spiritual persons shall keep Sheep as they have used to do notwithstanding this Act. â Sheriff * I. Stat. De finibus levatis cap. 2. 27 E. 1. Sheriffs shall not be charged with any issues to be levied nor shall levy any before they pass out of the Exchequer being there delivered by the estreats of the Justices in which estreats every head shall be charged for issues forfeited like as of amerciaments II. If the Sheriff will charge himself with the issues of any Recognisor Pledg or Mainpernor who is not able to pay them the Sheriff shall be charged therewith in the Exchequer III. Sheriffs shall make talyes of all money received by them or their Officer in pain of great forfeitures And shall not return any Mainpernors Jurors or others except according to the tenor of the Kings Writ they be lawfully impannelled Neither shall they return any Freeman as pledges without their consent IV. A Baron and a Clerk of the Exchequer shall be sent once every year through every County of England to inquire the names of such as have paid the Green-wax that year and shall also view all such Talyes and enroll them as shall hear and determine complaints made against Sheriffs and their Clerks and Bailiffs that shall do contrary to the premises and the offenders shall be grievously punished V. Artic. sup Chart. 8. 28 E. 1. The
people of every County shall have election of their Sheriff where the Sherivalty is not of fee. VI. Artic. sup Chart. 13. 28 E. 1. The Commons of every County shall choose such Sheriffs as shall not charge them nor put any Officer into authority for rewards or bribes nor lodg too oft in one place neither yet with poor persons or men of Religion VII The Statute of Sheriffs 9 E. 2. Sheriffs shall be assigned by the Chancellor Treasurer Barons of the Exchequer and Justices And in the absence of the Chancellor by the Treasurer Barons and Justices VIII None shall be Sheriff except he have sufficient land in the County where he is Sheriff to answer the King and his people IX No Steward or Bailiff to a great Lord shall be Sheriff except he be out of service so that he may attend to execute his Office for the King and his people X. Hundreds also both the Kings and other shall be kept by convenient and able persons having sufficient lands within the same Hundred or in the County where the Hundred is And they shall be leased to such persons at reasonable rents to the end they may not extort upon the people But no Sheriff or Hundreder shall lease their Office to any other in farm or otherwise XI Execution of Writs that come to the Sheriffs shall be done by Hundreders sworn and known in full County and not by any other unless such Hundreders be in default and then execution shall be done by others meet and sworn so as the people may know to whom to sue such executions saving alwayes return of Writs to them that ought to have them XII Stat. De attinctis 13 E. 2. Vide Rastal Sheriffs 5. When Sheriffs and other Ministers being impleaded in the Exchequer for receiving the Kings debts by Tallyes or Acquittances and not acquitting the parties thereof in that Court are so far gone in plea that the great distress is returned against them and they come not then in to answer then shall issue out another distress returnable at a certain day by which Writ Proclamation shall be made in full County that the Defendant appear at the day and acquit the debt for which he made such tally or acquittance at which day if he come not and the Writ be returned and the Proclamation certified he shall be holden as convict and the debt shall be taken of him as of debt recovered in the Kings Court and damages shall also be awarded to the Plaintiff at the discretion of the Barons Howbeit none shall be hindred by this Statute to complain of Sheriffs and other Ministers when they shall be found in the Exchequer to make them answer there as hath been formerly used XIII Stat. 2 E. 3.4 The Statute of 9 E. 2. is confirmed and Sheriffs and Bailiffs of fee shall cause their Counties and Bailiwicks to be kept by such as have lands therein XIV Stat. 2 E. 3.12 From henceforth Hundreds and Wapentakes shall be again adjourned to the Counties and shall never hereafter be given or severed therefrom XV. Stat. 4 E. 3.9 Sheriffs Escheators and Bailiffs of Hundreds and Franchises shall have sufficient in the places where they are Ministers whereof to answer the King and his people in case any man complain against them XVI Stat. 4 E. 3.10 Sheriffs and Goalers shall receive and safely keep such thieves and felons as shall be delivered them by Constables or Townships without taking any thing for such receipt And the Justices assigned to deliver the Goal shall have power to hear such complaints and to punish such Sheriffs and Goalers as they shall find guilty herein XVII Stat. 4 E. 3.15 Sheriffs shall let their Hundreds and Wapentakes for the old Farm and not above And the Justices assigned shall have power to enquire of Sheriffs and to punish them if they shall find them guilty herein XVIII Stat. 5 E. 3 4. None shall be Sheriff Under-Sheriff Escheator Bailiff of Franchises Wapentakes Hundreds or Tythings unless he have sufficient lands in the County whereof to answer the King and his people if any will complain XIX Stat. 14 E. 3.7 No Sheriff shall continue in his Office above one year and then another convenient man shall be chosen in his place having lands sufficient in his Bailiwick by the Chancellor Treasurer and Chief Baron taking to them the Chief Justices if they be present And this shall be done yearly at the Exchequer the next day after All-Souls XX. Stat. 14 E. 3.9 All Wapentakes and Hundreds which be severed from the Counties shall be re-joyned to them again The Sheriffs also shall hold the same in their own hands and put in such Bailiffs and Hundreders having lands in the Bailiwicks and Hundreds for whom they will answer XXI If Sheriffs let any Hundreds Bailiwicks or Wapentakes to farm they shall let them at the ancient farms without any increase upon them And the King and his people shall be hereafter served with sufficient Bailiffs Hundreders and their Under-Bailiffs without employing Out-riders who have heretofore in divers Counties notoriously grieved the people Neither shall any Bailiff errant be in any County but only where they have used to be in the time of the Kings Grandfather and but one Bailiff errant in one County XXII All such as have Bailiwicks or Hundreds in fee shall put such Bailiffs for whom they will answer and if they let them to farm they shall take but the old farm without any increase XXIII The Justices of both the Benches the Barons of the Exchequer and Justices assigned shall enquire after and punish the offenders of this Ordinance at their discretion according to Law and Reason XXIV If the Sheriffs or their Fermors be found in default and be thereof attainted the Wapentakes and Hundreds shall be seised into the Kings hands and by the Justices let to others Such Officers likewise shall be imprisoned and there remain untill they make fine and ransome to the King according to the quantity of the Trespass and yet they shall answer the King the whole form XXV Lords having Hundreds or Wapentakes in fee shall place therein sufficient Bailiffs to answer the King and his people and if their Bailiffs offend against this Ordinance such Bailiffs shall be called to answer whereof if they be attainted they shall have such punishment as the Law requireth and shall be also put out of their places and others put in their places by the said Law XXVI Stat. 28 E. 3.7 No Sheriff shall continue in his Office above one year XXVII Stat. 28 E. 3.9 No Writ shall be hereafter directed to the Sheriff to charge a Jury to indict any XXVIII Stat. 42 E. 3.9 Pars inde No Sheriff Under-Sheriff or Sheriffs Clerk shall continue in their Office above one year XXIX Stat. 1 R. 2.11 None having been Sheriff for one whole year shall be Sheriff again within three years then next ensuing if there be other sufficient in the County to answer the
King and his people â XXX Stat. 1 H. 4.11 Because Sheriffs did much oppress the people for that they were charged with the ancient farms of the Counties whereof a great part had been granted to Lords and others hereafter the Sheriffs upon their accounts in the Exchequer shall have allowance by their oaths of the issues of their Counties And if from henceforth any Sheriff extort upon the people and be thereof attainted he shall be punished at the Kings will XXXI Stat. 4 H. 4.4 Every Sheriff of England serra demurrant shall abide in proper person within his Bailiwick for the time that he shall be such Officer He shall not let his Bailiwick to farm And he shall be sworn to do the same in special amongst other Articles comprised in his Oath XXXII Stat. 1 H. 5.4 They who have been Sheriffs Bailiffs for one year shall not bear that Office by three years next following except in Sherifwicks inheritable XXXIII No Under-Sheriff Sheriffs Clerks Receiver or Sheriffs Bailiff shall be Attorney in any of the Kings Courts so long as he bears such Office under the Sheriff XXXIV Stat. 4 H. 5.2 Sheriffs of England shall have allowance upon their accompts by their oaths of things casual as of estreats that be not in farm or demand but for all things that run in yearly farms or demands they shall be charged to the King as in times past XXXV Stat. 23 H. 6.8 The Statute of 14 E. 3.7 42 E. 3.9 and 1 R. 2.11 shall be duly observed except by Officers in London and where any hath freehold or inheritance in the Sheriffs Office XXXVI No Sheriff or any of his under-officers except before excepted shall act contrary to the said Statutes in pain to forfeit yearly 200 l. and every pardon granted them in that behalf or for the said forfeiture and every Patent made for that purpose shall be void notwithstanding the clause or word of non obâtante be inserted in any of them And whosoever shall hereafter act by any such Patents shall be for ever after disabled to bear the Office of Sheriff in England XXXVII The forfeiture abovesaid is to be divided betwixt the King and the prosecutor â XXVVIII Stat. 23 H. 6.10 No Sheriff shall let to farm his County or Bailiwick neither shall he his Under-Sheriff or any other Bailiff return upon Enquest any Bailiff Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save only the fees that follow viz. for the Sheriff 20 d. for the Bailiff that makes the Arrest 4 d. and for the Goaler when the party is committed 4 d. Neither shall any Sheriff Under-Sheriff Sheriffs Clerk Steward or Bailiff of Franchise servant Bailiff or Coroner take above 4 d. for the copy of a Pannel XXXIX Sheriffs and other Officers shall let to âbail persons by them arrested upon reasonable sureties having sufficient within the County persons in Ward by condemnation exemption Capias utlagatum or excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted XL. The said Officers shall take no bond of any Arrested person but for appearance and to themselves only and shall not take for it more then 4 d. and Bonds otherwise taken colore officii shall be void XLI Sheriffs shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto him XLII Sheriffs Under-Sheriffs Clerks Bailiffs Goalers Coroners Stewards Bailiffs of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40 l. to be divided betwixt the King and the prosecutor XLIII Justices of Assize of both the Benches and of Peace have power to hear and determime such offences XLIV If the Sheriff return a Cepi Corpus or Reddidit se he shall be chargable to have the body of the party ready at that day of the return mentioned in the Writ XLV The Warden of the Fleet or of the Goal of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XLVI Stat. 1 E. 4.2 Sheriffs shall deliver all indictments and presentments taken in their turns unto the Justices of Peace at their next Sessions in pain of 40 l. who shall arreign deliver make Process and proceed thereupon as if they were taken before them and shall deliver indented estreats of the fines to the Sheriff to be levied to his own use And here if the Sheriff levy any fine or commit any to prison by colour of any such indictment or presentment or otherwise then by Warrant from the Justices as aforesaid shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had fines formerly granted unto them XLVII Stat. 12. E. 4.1 If a Sheriff execute or return any Writ Precept or Warrant into any of the Kings Courts in Michaelmas-Term after the sixth day of November being commonly the day of the date of their Patent and before any Writ of Discharge is delivered unto him he shall not thereby incur the penalty of 200 l. ordained by the Statute of 23 H. 6.8 Albeit he doth execute his Office after the returns of Crastino Martini Octabis Martini Quindena Martini after his year is out XLVIII Stat. 17. E. 4.6 Every old Sheriff may execute his Office during Michaelmas and Hillary Terms if he have not before a Writ of discharge without danger of incurring any forfeiture or pain in respect thereof â XLIX Stat. 11. H. 7.15 No Sheriff Under-sheriff or Sheriffs Clerks shall enter into the County-Court any plaint in the absence of the Plaintiff or his Atturney nor have above one plaint for one Cause in pain of 40 s. to be divided betwixt the King and the prosecutor L. A Justice of Peace upon complaint made hath power to examine the abovesaid Officers and Plaintiff concerning the premises and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in pain of 40 s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40 s. without further enquirie LI. The Defendant in the County-Court shall have lawful summons and if the Bailiff be therein found faulty he shall forfeit 40 s. And here also examination and Certificate shall be made by a Justice of Peace as aforesaid LII Before the Sheriff issue forth any Estreats out of the County-Court two Justices of Peace 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriff one of them shall remain with the Justices and the other with the Sheriff and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in pain of 4â s. who may be convict of that offence by the examination of one
also ordained XXXII Officers of Corporations where the Staple is or near adjoyning thereunto shall upon command assist the Officers of the Staple in the execution of their Offices in pain of grievous forfeiture Also a Lord of most sufficiency in the Countrey where the Staple is shall be assigned to be ayding to them as occasion shall require as well to reform offenders as to redress mistakes by them omitted but the appeal for injustice in the staple shall be to the Lord Chancellor or Privy Council XXXIII Statutum Stapul cap. 22. In every Staple there shall be Correctors appointed able and sufficient men as well Aliens as Denizens to record bargains betwixt buyers and sellers and they shall give good surety before the Mayor and Constables lawfully to execute their Office and being found in default shall answer damages to the party grieved Howbeit they shall not meddle with merchandize during their Office But here none shall be forced to use a Corrector unless he please nor give him any thing unless he do something at his request XXXIV Statutum Stapul cap. 23. A certain number of Porters Packers Winders Workers and other Labourers of Wools and other merchandize shall be ordained for the Staple who together with the Correctors and all other Officers of the Staple except the Constables shall be sworn before the Mayor duly to execute their Offices Also all Merchants both Aliens and Denizens coming thither to merchandize shall be sworn before the Mayor and Constables to be justified by them and to maintain the Laws and usages of the Staple But the Mayor and Constables shall be sworn in Chancery duly to execute their several Offices XXXV Statutum Stapul cap. 24. Merchants strangers shall choose two Merchants strangers who shall be assigned the one for the South the other for the North to sit when they please with the Mayor and Constables of the Staples to hear plaints touching merchants aliens but the Mayor and Constables shall not forbear to proceed if they come not Howbeit if they come and any debate happen to arise between them concerning such plaint it shall be determined before the Chancellor or the Kings Council XXXVI Also six other persons shall be chosen viz. two of Almaigne two of Lombardy and two of England who shall be sworn duly to execute their Offices in moderating differences amongst merchants concerning things of the staple which any four of them may by their Oaths do before the Mayor and the Officers and what they do therein shall be definitive XXXVII Statutum Stapul cap. 25. He that makes confederacy or conspiracy which may turn to the impeachment disturbance defeating or decay of the said Staples or of any thing to them belonging shall incur the penalties ordained in the said third Article XXXVIII Statutum Stapul cap. 28. The Liberties of the Staples are confirmed notwithstanding any Franchises granted to Corporate Cities or Towns howbeit other mens liberties being in the Staple viz. to keep Fairs Markets and the like are saved XXXIX Stat. 28 E. 3.13 The Warranty of packing of Woolls shall be wholly taken away unless it be by Covenant under Seal XL. An Enquest for the trial of an Action in the Staple or before other Justices where an Alien is one of the parties shall be per medictatem linguae if so many Aliens may be found but if not by so many as are found and the rest to be made up of Denizens being no parties or Privies XLI None shall forestall Merchandize coming towards this Realm in pain to incur the penalties of the said third Article of the Statute-Staple c. XLII No foreigners Ship shall be compelled to arrive in England nor to tarry in any place there against the good will of the Master Mariners or Merchant unto whom the Ship or the goods in her do belong in pain to incur a grievous forfeiture to the King XLIII Stat. 36 E. 3.7 Mayors and Constables of the Staples shall have only Conusance of Debts Covenants Contracts and all other Pleas touching merchandize and the surety thereof betwixt Merchants known but process of Felonies and all other pleas as well within the staple as without shall be at the Common Law as it was before the Statute-Staple Howbeit Merchant-Aliens have liberty for to sue for debts trespass c. before the Mayor or at the Common Law at their election XLIV The King and other Lords within their Seigniories shall enjoy their Franchises as they did before the Statute-Staple only the Mayor of the Staple shall take Recognizance as by the said Statute is ordained XLV Stat. 38 E. 3. Stat. 1.7 The Staple shall be in England And the Statute of the staple together with the Declarations additions and modifications thereof is confirmed XLVI Stat. 12 R. 2.16 The Staple shall be removed from Middleborough to Calais XLVII Stat. 14 R. 2.1 The Staple shall be removed from Calais to those Towus in England named in the Statute of the staple 27 E. 3.1 XLVIII Every Merchant alien shall bestow the value of half his merchandize upon Commodities of this Realm XLIX Stat. 14 R. 2.3 Officers of the Staple shall be first sworn to the King and then to the Staple L. Stat. 14 R. 2.4 No Denizen shall transport any Wools Woolfels Leather or Lead beyond Sea in pain to forfeit the same LI. Stat. 15 R. 2.9 The Statute of the staple is confirmed LII The Mayor of the staple shall take no Recognisance of debt contrary to the same Statute in pain to pay half the sum Recognised to the King LIII Stat. 10 H. 6.1 Recognisances taken before the Mayor of the Staple of Calais shall be effectual in England Steel * I. Stat. 2,3 E. 6.17 None shall forge or sell any gads of Iron like in fashion to gads of Steel in pain to forfeit 4 d. a gad to be diuided betwixt the King and the prosecutor Stilyard I. Stat. 19 H. 7.23 All Acts Statutes and Ordinances made in derogation of the Merchants of the Stilyard called Merchants of the House in Almain and having the House in London called Guilhalda Teutonicorum or of their Liberties granted them by the Kings of England shall stand as against them void and repealed Howbeit this Act shall not be prejudicial to the City of London Surveyors I. Extenta Manerii 4 E. 1. Containing certain Articles to be inquired by Surveyors concerning Building Demesnes Foreign Pasture Parks Demesne woods Foreign woods Herbage and Pannage Mills Fishing Freeholders Customary Tenants Cottages and Curtilages Perquisits of Courts Patronages Liberties Customes Services c. See the Statutes at large Suit of Court I. Marlbr 9. 52 H. 3. None enfeoffed by Deed shall be distrained to do suit to his Lords Court unless he be bound to do it by the form of his Deed or he or his Ancestors have used to do it before the Kings first voyage into Brittain being about 39 years and an half since II. None enfeoffed from the time of the Conquest shall do it
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 â Swearing and Cursing * â 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 iâ 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
Tile before the first of March and shall likewise be tryed and severed from stones malne marle and chalk II. A plain Tile shall contain in length ten inches and an half in breadth six inches and a quarter and in thickness half an inch half a quarter at least A roof or cross-tile in length thirteen inches and in thickness as before with convenient deepness accordingly a gutter and a corner-tile in length ten inches and an half with convenient thickness breadth and deepness III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by Action of debt and besides shall make fine and ransom at the Kings will IV. Justices of Peace shall hear and determine these defaults and effences as well at the suit of the King as of the party grieved and shall not set less fine upon an offender against this Act then after the rate of 5 s. for every thousand of plain Tile 6 s. 8 d. for every hundred of roof-tile and 2 s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in pain to forfeit to the King for every default 10 s. and shall have of every Tile-maker for such search after the rate of 1 d. for every thousand of plain Tile ob for every hundred of roof-tile and qu. for every hundred of corner and gutter-tile and shall make presentment of all defaults found at the next Sessions which shall be as effectual in Law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of Peace have also power to hear and determine in the defaults of the said searchers Tindale Ridesdale and Examshire I. Stat. 2 H. 5.5 If any person of Tindale or Examshire commit any murder treason manslaughter or robbery or consent thereunto out of the said Franchises Process shall be made against him until he be outlawed and after outlawry returned the Justices before whom it is so returned shall make certificate thereof to the Ministers of the said Franchises who shall take such Felons and seize their lands and tenements into the hands of the Lords of the same Franchises as forfeit but their lands and tenements out of those Franchises shall be seized to the use of the King and other Lords having Franchise there as forfeit saving to the King the forfeitures of such offenders which to him belong in right of his Crown II. Stat. 9 H. 5.7 The Statute of 2 H. 5.5 made against offenders in Tindale and Examshire shall be extended against the like offenders in Ridesdale III. Stat. 11 H. 7.9 The North and South-Tindale and all the lands within the same shall be guildable and parcel of the County of Northumberland and no Franchise shall be there but all the Kings Writs and Officers shall be there obeyed IV. None shall demise any lards for years life or at will there but the Lessor shall before find two sureties having at least 40 s. per annum within the County of Northumberland to be bound by Recognisance in 20 l. to the King to make answer within 8 days warning to all such offences as aforesaid And the Lessor shall forfeit 40 s. for every acre otherwise let to the King and Justices and such Lease shall be void The Justices of Peace also shall inquire of such Recognisances forfeited See the Statute at large â Tithes * I. Stat. pro Clero 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge saving to him his right II. Stat. 1. R. 2.14 Where in an Action of goods carried away the Defendant maketh his title for Tithes due to his Church in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel III. Stat. 5. H 4.11 The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes where the lands in farm do lie notwithstanding they be seised into the Kings hands or any prohibition made to the contrary â IV. Stat. 27. H. 8.20 If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace 1. qu. of any contumacie or misdemeanour committed by a Defendant in any suit there depending for Tithes the said Justices shall commit such Defendant to prison there to remain till he shall find sufficient surety to be bound before them by Recognisance or otherwise to give due obedience to the Process Proceedings Decrees and Sentences of the said Court V. This Act shall not extend to any Citizen of London neither shall it restrain any person from having their defence and remedy according to the Ecclesiastical Laws and the Laws and Statutes of this Kingdom VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint shall have established the Ecclesiastical Laws for the Church of England after which time Tithes shall be paid according to those Laws and not otherwise * VII Stat. 28 H. 8.11 The year in which the first-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice and the Tithes and other profits of any such Benefice arising during the time of the vacation shall belong to the Presentee or his Executors towards payment of the first-fruits which if any Archbishop Bishop or other hinder him to have he shall forfeit the treble value thereof to be divided betwixt the King and such incumbent Howbeit such Archbishop Bishop Ordinary or other officer shall be allowed the charge of the Cure and of inning Tithes and other profits VIII Here also the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands IX But the successor upon a months warning shall have the Parsonage-house and the Glebe not sowen X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate the next incumbent shall do it within 14. days after his induction â XI Stat. 32 H. 8.7 All persons shall duly set forth and pay all Tithes and Offerings according to the custom of the places where they grow due XII If Tithes or Offerings be not so set out and paid the party grieved may convent him that so detains them before the Ecclesiastical Judge who hath power to hear and determine the matter in question ordinarily or summarily according to the Ecclesiastical Laws and to give sentence thereupon accordingly XIII Here if any of the parties appeal the Judge upon such appeal shall adjudge to the other party reasonable costs and compel the Appellant to satisfie them by Process and censures Ecclesiastical taking surety of the other party to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him
Prohibition granted the other party shall upon request have Consultation and double Costs and Damages awarded by the said Court and may recover such costs and damages by action of debt XXXV This Act shall not give power to any Ecclesiastical Judge to hold plea of any matter against the meaning of the Statute of Westm 2. cap. 5. Articuli cleri circumspecte agatis sylva caedua the Treatise De regia prohibitione nor of 1 E. 3.10 nor any of them nor where the Kings Court ought of right to have jurisdiction XXXVI No Tithes of marriage-goods shall be paid in VVales nor the Marches thereof Tobacco * I. Stat. 12 Car. 2. cap. 34. None shall sow set or plant any Tobacco within England Wales Isles of Guernsey or Jersey Town of Berwick upon Tweed or Ireland upon penalty of forfeiture of the said Tobacco or 40 s. for every rod or pole so planted one moity whereof to the King the other moity to the Informer II. All Sheriffs and other Officers may destroy any Tobacco sown or planted contrary to this Act and any person resisting such destruction shall forfeit 5 l. to be divided and recovered as aforesaid and by distress of the offenders goods and sale thereof III. Proviso Not to extend to Tobacco planted in any Garden for Physick or Surgery not exceeding one Pole in any one Garden IV. Vid. the Act title Trade Numb XIV â Tolls I. West 1.30 3 E. 1. If excessive Toll be taken in a Market-Town where it is the Kings Town the Franchise shall be seised but where it is anothers if it be done by the Lords consent the Franchise shall be seised as before but if done by a Bailiff or other Officer he shall restore as much more to the Plaintiff as was so taken and suffer 40 days imprisonment II. Citizens or Burgesses who have the King or his Fathers grant for murage to inclose their Towns if they take for murage more then they ought to do by their grant and be thereof attainted they shall lose their grant and be also grievously amerced to the King III. Stat. 18 E. 2. Ordinance of Bakers How Toll shall be taken at a Mill. Towns I. Stat. 27 H. 8.1 A remedy for repair of decayed houses and buildings upon waste ground in Nottingham Shrewsbury Ludlow Bridge-north Quinborow Northampton and Glocester See the Statute at large II. Stat. 32 H. 8.18 A remedy for repair of decayed houses and building upon waste ground in York Lincoln Canterbury Coventry Bath Chichester Salisbury Winchester Bristol Scarborow Heresord Colchester Rochester Portsmouth Pool Linae Feversham Worcester Stafford Buckingham Pomsrât Gâantham Exeter Ipswich Southampton Great Yarmouth Oxsord Great Wâcombe Gilford Stratford Kingston upon Hull Newcastle upon Tine Beverley Bedford Leicester Berwick See the Statute at large III. Stat. 32 H. 8.19 A like Statute for re-edifying of Shaftsbury Shirborn Birdport Dorchester Weymouth Plimouth Plimton Barnstable Tavestock Dartmouth Lanceston Lyskerde Lestythiel Bodmyn Truro Helstone Bridgwater Taunton Somerton Ilchester Malden in Essex and VVarwick See the Statute at large IV. Stat. 33 H. 8.36 A like Statute for Canterbury Rochester Stamford Great Grimsby Cambridg Derby Gilford Dunwich The Cinque-Ports with the members Lewes and Buckingham See the Statute at large V. Stat. 35 H. 8.4 A like Statute for Shrewsbury Chester Ludlow Haverford West Pembroke Denby Carmerdin Montgomery Cardiffe Swannesse Cowbridge New Rador Prestend Brecknoke Monmouth Malden in Essex Abergavenny Usk Curlion Newport in Monmouthshire Lancaster Preston Liverpool and VVygan See the Statute at large VI. Stat. 1 2. P. M. 7. None dwelling in the Country out of a Corporation or Market-Town shall sell or cause to be sold by retail any Woollen-Cloth Linnen-Cloth Haberdasher-Wares Grocery-wares Mercery-wares in any such Corporation or Market-Town or the Suburbs or Liberties thereof except in open Fairs in pain to forfeit for every time so offending 6 s. 8 d. and the whole wares so sold or offered to be sold The one moity of which forfeiture shall be to the King and Queen and the other to the seisor or prosecutor VII Howbeit any person may sell such wares in the said places by whole-sale in gross and by retail also he being made free of the said places or it being cloth of his own making that is so sold VIII The Liberties of the Universities are saved IX Stat. 18 El. 21. It shall be lawful for any person freely to buy and sell in New VVoodstock all Wools and Yarn brought thither upon the usual Markets or Fair days and the same to use and employ to their best profit notwithstanding any Statute Law or Usage to the contrary Trade I. Stat. 15 Car. 2. cap. 5. Stat. 3. for encouragement of Tillage When prices of Corn and Grain Wincheââer measure exceed not the Rates at the Havens or places to be shipped at viz. Wheat 48 s. Barley or Malt 28 s. Buck Wheat 28 s. Oats 13 s. 4 d. Rye 32 s. Pease or Beans 32 s. The Quarter The same may be transported beyond the Sea from the said Havens or Places as Merchandise II. When prices of Corn and Grain exceed not the said Rates at the said Havens and shall be imported from beyond Sea there shall be paid for Custome and Poundage viz. for Wheat 5 s. 4 d. Rye 4 s. Barley or Malt 2 s. 8 d. Buck Wheat 2 s. Oats 1 s. 4 d. Pease or Beans 4 s. The Quarter III. When the same exceed not the prices at the said places or Markets in the said first clause mentioned All persons not forestalling or selling the same in the Market within 3 months after the buying may buy the same in open Market and lay up and keep the same IV. No Commodity of the growth production or manufacture of Europe shall be imported into any Island Plantation or place to the King belonging or to belong but what be laden and shipped in England Wales or Berwick in English built shipping And whereof the Master and 3 fourths of the Mariners at least are English And which shall be directly thence carried to the said Islands Plantations and places and âin no other place upon pain of forfeiture of all such goods imported in any of them into any other place by land or water If by water of the Ship importing them with her Guns Ammunition and Apparel one third part whereof to the King one third part to the Governor of such Island or place where the goods be imported the other third part to him who shall seise or sue for the same in any of the Kings Courts in such Islands or places where the offence is committed or in any Court of Record in England V. Provided It shall be lawful to ship and lade in such Ships so navigated as aforesaid in any part of Europe salt for the Fisheries of Newfound-land and New-England and in the Madera's Wines of the growth thereof And in the VVestern Islands or Azores Wines of their growth and to Ship-servants or horses in Scotland or
Ireland And in Scotland all sorts of Victuals of the growth or production of Scotland and in Ireland all such victuals of their growth or production and to transport the same into any the said Lands Islands Plantations or Places VI. Every person importing by Land any Goods or Commodities into the said Islands Plantations or places shall deliver to the Governor thereof or such as by him appointed within 24 hours after Importation their names and sirnames and a true Inventory of all such Goods and no such Ship shall lade or unlade any such goods untill the Master have made known to the said Governor or other by him appointed the arrival of the Ship her name the Masters name and shewed she is an English Ship or by Certificate that she is belonging to England Wales or Berwick Navigated as aforesaid and a perfect Inventory of her Lading and the place where they were taken in upon pain of forfeiture as aforesaid VII All Governors of such Islands Plantations and Places to be put to an oath before such persons as the King shall appoint to do their utmost to see this Act performed And for offending herein to be put out of their places made incapable of any other Government in the said places and forfeit 1000 l. one moity to the King the other moity to such person as shall inform and sue for the same as aforesaid VIII If any Officer of the Customs in England VVales or Berwick upon Tweed shall give Warrant or suffer any Sugar Tobacco Ginger Cotton Wooll Indico Speckle Wood or Jamaica Wood Fustick or other dying wood of the growth of the Lands or Plantations to be carried into any other Country or place unless they have been unladed in England VVales or Berwick such Officer shall forfeit his Place and value of the Goods one moity to the King the other moity to him that shall sue for the same as aforesaid IX It shall be lawful out of any Port of England VVales or Berwick to ship and lade Sea-coals for any part of them paying for the Chaldron Newcastle measure only 1 s. 8 d. and London measure 1 s. and no more in full of all Custome and Poundage for the same Previded the same be shipped and navigated as aforesaid and security given to the Officers of the Custome of the Port where they are shipped for landing them in the said Plantations and not elsewhere X. It shall be lawful for all persons to export out of any the Ports of England Wales and Berwick in which there is a Customer and Collector all sorts of Forein Coyn Bullion of Gold or Silver first entring the same in the Custom-House without paying any Custom or Fee for the same XI For every Head of Cattle except of the breed of Scotland imported into England Wales or Berwick after the 1. of July in any year And for every head of great Cattle of the breed of Scotland that be brought into England VVales or Berwick after the 24th of August and before the 20th of December in any year there shall be paid to the King and his heirs 20 s. and 10 s. to him that shall inform or seize the same and 10 s. to the Poor of the Parish where such seizure or information shall be made And to the King for every Sheep imported into England VVales or Berwick after the 1. of Aug. and before the 20th of Decemb. in any year 10 s. to be recovered and levied as aforesaid This Act as to great Cattle or Sheep not to take place till the First of Aug. 1664. nor continue longer than the first Session of the next Parliament XII No Fresh-Herring fresh Cod or Haddock Coalfish or Gulfish shall be imported into England VVales or Berwick but in English built Ships and having Certificate thereof as aforesaid and which have been taken in Ships Navigated as aforesaid and not bought of strangers or strangers Bottoms upon pain of forfeiture of the same and the Ships or Vessells one moity to the King the other moity to the Informer to be recovered as aforesaid XIII For salted or dryed Fish imported in any other Ship or Vessel then English as aforesaid there shall be paid for Custome viz. Codfish the barrel 5 s. Codfish the Last containing 12 barrels 3 l. Codfish the Hundred containing 120 10 s. Coalfish the hundred 5 s. Lings the hundred 20 s. White Herrings the Last 12 barrels 1 l. 16 s. Haddocks the barrel 2 s. Gulfish the barrel 2 s. XIV Every person that shall plant Tobacco in England Wales Guernsey Jersey Islands and Berwick upon Tweed shall forfeit 10 l. for every Pole of ground so planted over and above the penalty in the former Act of planting Tobacco one third part to the King one third part to the Poor of the Parish where the offence is and one third part to him that shall sue for the same in any the Kings Courts of Record at Westminster And if any person resist execution of the said Act he shall be committed to the Goal till he have entred Recognizance with Sureties of 20 l. not to commit the like offence again Proviso for Gardens of the Universities and Surgery and Physick the quantity not exceeding half a Pole XV. It shall be lawful to import Cattel of the breed of the Isle of Man not exceeding 600 in one year And Corn of the growth of that Island out of it into England so as the Cattel be landed ãâã Chester Leverpool or Wire-water â Treason I. Stat. De proditionibus 25 E. 3. Stat. 5. cap. 2. To compass or imagine the death of the King Queen or Prince to violate the Queen the Kings eldest daughter unmarried or the Princes wife to levy War against the King or to adhere to his enemies within the Realm giving them aid or comfort within the Realm or elswhere To counterfeit the Kings Great Seal or Privy Seal or his money to bring false money into this Realm counterfeit according to the money of England knowing the said money to be false to Merchandise or make payment with it to kill the Chancellor Treasurer or any Justice of either Bench Justices in Eyre Justices of Assize or any other Justices assigned to hear and determine being in their places doing their Offices is by this Statute declared to be High Treason And in the said cases that ought to be adjudged Treason which extends to the King or his Royal Majesty II. Forfeitures of Escheats pertain to the King of whomsoever the lands are holden III. There is another sort of Treason viz. Petty Treason when a servant kills his Master a Wife her Husband a Secular or Regular his Prelate to whom he oweth faith and obedience in such cases the Escheat pertains to every Lord of his own Fee IV. If any other case supposed Treason shall happen before any Justices they shall defer the judgment thereof untill the case may be declared before the King and his Parliament whether it ought to be adjudged
Treason or Felony V. To ride armed with men of arms with purpose to kill rob or imprison another untill he hath made fine and ransome shall not be adjudged Treason but Felony or Trespass as hath been heretofore used And if any such attempt hath been heretofore adjudged Treason and thereupon Lands seised into the Kings hands withheld of other Lords they shall be restored to such Lords saving to the King his year and waste VI. Stat. 1 H. 4.10 Treason shall not be adjudged otherwise then as it was ordained by 25 E. 3. VII Stat. 26 H. 8.13 Pars inde Treason committed out of this Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and presentment so found and certified into the Kings Bench like Process and other circumstance shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced VIII Every such offender being lawfully convict by presentment confession verdict or process of Outlawry shall forfeit to the King all such Lands Tenements and Hereditaments which he shall have of any estate of inheritance in use or possession by any Right Title or Means within the Kings Dominions at the time of such Treason committed or after IX The Rights Titles Interests Possessions Leases Rents Offices and other profits of all persons their heirs and successors except of the offenders or others claiming to their use are saved X. Stat. 33 H. 8.20 If any person commit High Treason when he is of perfect memory and after accusation examination and consession thereof before any of the Kings Council shall fall into Lunacy he shall be enquired of in any County where the King by his Commission shall assign and if he be there indicted he shall be there arraigned without his personal presence and if he be found guilty he shall suffer death and forfeit as if he had been of perfect memory But this is altered by 1 2. P. M. 20. which see after XI If any person be attainted of High Treason by the Common Law or Statutes of this Realm such attainder by the Common Law shall be of as good force as if it had been done by Parliament and the King shall have as much benefit thereby viz. of lands tenements hereditaments goods chattells uses rights entries conditions possessions reversions remainders and all other things of such offender and shall be as well adjudged in actual and real possession of all such things of the offender which the King ought lawfully to have or which the offender ought or might lawfully lose or forfeit as if he had been attainted by the Parliament without any Office or Inquisition to be found of the same XII The right c. of all others except of the offenders c. is saved XIII Stat. 35 H. 8.2 All Treasons misprisions of Treason and concealments of Treason committed out of the Realm shall be enquired heard and determined before the Justices of the Kings Bench by lawful men of the County where the Bench shall then sit or before Commissioners in such County as the King shall assign by lawful men of the same County in like manner as if the offence had been committed in the same Shire where it is so enquired heard and determined But here a Peer shall be tryed by his Peers XIV Stat. 1 E. 6.12 All former Statutes which make any offences Treason or petty Treason are repealed save only what is so made by 25 E 3. Stat. 5. cap. 2. and by this Statute XV. It shall be High Treason to affirm by writing printing or Deed that the King is not Supream Head of the Church of England and Ireland or that any other is But this clause is repealed by 1 2. P. M. 8. XVI It shall be High Treason to interrupt any person to whom the Crown is limited by 35 H. 8.1 But this is also expresly repealed by the general words of 1. M. Sess 1. XVII If any compass to depose the King or do affirm that he ought not to be King for the first offence he shall forfeit his goods and suffer imprisonment at the Kings will for the second he shall lose the issues of his lands during life and suffer perpetual imprisonment and for the third shall be guilty of High Treason But so much hereof as concerns Treason petty Treason or misprision of Treason is also repealed by the general words of 1. M. Sess 1. XVIII Stat. 5 6 H. 6.11 It is High Treason to affirm by writing printing painting carving or graving that the King is an Heretick Schismatick Tyrant Infidel or Usurper of the Crown or rebelliously to detain from the King any of his Castles Holds Ships Ordnances Artillery or other Fortifications of War But this part of this Statute is repealed expresly by 1 M. Sess 1. XIX Treason committed out of the Realm shall be enquired of in such County and before such persons as the King shall appoint by Commission and upon every Indictment and Presentment so found and certified into the Kings Bench like process and other circumstances shall be there had and made against the offender as if such Treason had been found to have been committed within the Realm Also all Process of Outlawry within the Realm against such offender being resiant out of the Realm at the time of the Outlawry pronounced shall be as good in Law as if such offender had been resident within the Realm at the time of the Process awarded and such Outlawry pronounced XX. If the party within one year after the Outlawry or Judgment given thereupon yield himself to the Chief Justice of England and offer to traverse the Indictment or Appeal whereupon he was so outlawed he shall be admitted to such traverse and being thereupon acquit shall be discharged of the Outlawry and all forfeitures by reason thereof XXI The offender in Treason being lawfully convict thereof shall forfeit to the King all such lands tenements and hereditaments as he shall have of an Estate of Inheritance in his own right in use or possession in the Kings Dominions at the time of the Treason committed or at any time after XXII Concealment of Treason shall be deemed misprision of Treason But quaere whether this clause be not also repealed by the general words of 1 M. 1. XXIII None shall be attainted of Treason but by the testimony of two lawful accusers who shall be brought in person before the party accused unless he will willingly without violence confess the offence XXIV Here the right of all other is saved XXV The wife shall lose her Dower where the husband is
need be assemble and meet together for the better execution of this Statute and some four or five dayes before their meeting shall by warrant command the Constables and Tything-men of every Hundred Town and Hamlet being assisted with other sufficient men to make a general privy search in one night within their several Precincts for the finding and apprehending of Rogues c. and such as shall be found to bring them to the said meeting to be examined punished or sent to the house or houses of correction there to be set to work XXIX The said Constables and Tything-men shall appear at the said meeting and there give an accompt upon oath in writing under the Masters hand testifying the Rogues c. they have taken in the last search or since the last meeting and how many have been punished or otherwise sent to the house of Correction Which if they neglect to do or safely to convey such to the house of Cortection as by the said Justices Warrant shall be committed thither they shall incur what fine the said Justices shall please to set upon them so it exceed not 40 s. XXX The Governors of the Houses of Correction shall have such a sum of mony yearly as shall be thought fit by the more part of the Justices of Peace in Sessions the same to be paid quarterly before-hand by the Treasurers of the County the Governors giving security for their continuance in the said service XXXI If any lewd woman have a Bastard which may be chargeable to the Parish the Justices of Peace shall commit her to the house of Correction there to be punished and set to worke one whole year And if she offend again then is she to be committed again there to remain till she put in good sureties for the good behaviour and not to offend so again XXXII Persons running away and leaving their charge to the Parish shall be deemed and punished as incorrigible Rogues And those that threaten so to do it being proved by two witnesses upon oath before two Justices of Peace of the same division shall be by the same Justices sent to the house of Correction there to be punished as sturdy Rogues unless they put in sufficient Suteties to discharge the Town and not to be delivered but at such a meeting as aforesaid or in open Sessions XXXIII If the Governors shall not every Quarter-Sessions yield to the said Justices a true account of all such persons as shall be committed to their custody or if they suffer any within their charge to make escape or to be troublesom to the Country by going abroad or otherwise they shall incur what fine the same Justices in Sessions shall think fit to impose upon them XXXIV All Fines which shall accrue by this Act other then those already limited shall be paid to the Treasurers of the County and by them be accounted for XXXV See Title Poor Numb XLV and XLVI Vestry-men Vid. Religion Numb XXIII â Victual Victuallers Inholders and Hostlers * I. Stat. 12 E. 26. No person in any City or Burrough which by reason of his Office ought to keep the Assizes of Wine and Victuals as long as he shall be attendant upon his office shall buy or sell Wines or Victuals in pain to forfeit the same to the Kings whereof the prosecutor shall have the third part of the King's gift * II. Stat. 23 E. 3.6 All Butchers Fishmongers Regrators Hostlers Brewers Bakers Poulterers and all other sellers of Victuals shall sell the same at reasonable prizes and for moderate gain in pain upon proof of the contrary before the Sheriff or the Kings Bailiffs or before the Constables of the place by the evidence of two true men to forfeit the double value thereof to the party damnified or in his default to him that will sue for the same And all Majors and Head-officers of Corporations have like power and upon neglect of their duty herein shall forfeit the treble value thereof to the party or prosecutor as aforesaid and besides shall incur a fine to the King to be imposed by the Justices to be assigned by the King * III. Stat. 31 E. 3.10 Every man that bringeth victual to London may freely sell the same without the interruption or impeachment of any IV. The Mayor and Aldermen of London may rule and redress the defaults of Fishmongers Butchers and Poulterers as they do of such as sell beer ale or wine notwithstanding any Franchise Statutes Custome or other priviledg to the contrary And they shall put the same in due execution upon the pain ordained by the Statute of 28 E. 3.10 which see in London * V. Stat. 6 R. 2. Stat. 1.9 No Victualler in London or any other City Burrough or Port of the Sea shall exercise any judicial office there and in case any be chosen in the places aforesaid in such office he shall forbear to use victualling during the time he exerciseth such office in pain to forfeit the victuals sold VI. Stat. 6 R. 2.10 Aliens being in amity with the King and Realm may bring in victual and sell the same in gross or by retail without the impeachment of any See Stat. 11 R. 2.7 1 H. 4.17 14 H. 6.6 * VII Stat. 7 R. 2.11 All Vintners and Victuallers as well Fishmongers as other comming with their victuals to London shall be under the governance of the Mayor and Aldermen of that City as hath been heretofore used * VIII Stat. 13 R. 2.8 Victuallers shall sell their victuals at such reasonable prizes as shall be set down by the Justices of Peace in two of their Sessions to be holden betwixt Easter and Michaelmas in pain to be punished at the discretion of the said Justices where no pain is already limited in certain IX And here Sheriffs Stewards Mayors Bailiffs and all others which have power to keep Assize of Bread and Ale shall take no fine or Amerciament for any default touching the Assize for which the offender ought by Law to have bodily punishment * X. Stat. 23 H. 6.13 Justices of Peace shall twice every year cause all Statutes concerning Victuallers before this time made to be openly proclaimed in Sessions * XI Stat. 12 E. 4.8 No person other then Mayors Bailiffs Lords of Leets or others in point of Charter shall execute any office of searching or surveying of Wine Ale Beer or any other ââtual or of the correction of breaking the Assize thereof in pain ãâã forfeit 40 l. to be divided betwixt the King and the prosecutor And all Letters Pattents of the King granted for that purpose shall be void * XII Stat. 3 H. 8.8 When a Victualler in a City or Corporation is chosen to bear an Office by reason whereof he ought also to have the Assizing of victual during that time two other being no victuallers shall be joyned and sworn with him truly to assess and set prizes and assizes of victual there and they shall be sold accordingly but here the Officers
intent to put the Defendants from their law that the same was found before their Apprentices or servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the Defendants to their law or to try the same by Inquest â Wales I. The second Volume of the Book of Old Statutes is a long Act made Anno 12 E. 5. entituled Statuta Walliae whereby it appeareth that Wales was then incorporated and united to England and there you shall also find many good Laws concerning the division of Wales into Counties Trials and Division of Actions together with divers forms of Writs and the proceeding thereupon much like to the Laws of England For all which see there that Act at large II. Stat. 28 â 3.2 All Lords of the Marches of Wales shall be perpetually attending and annexed to the Crown of England as they and their Ancestors have been in times past and not to the Principality of Wales in whose hands soever the same shall come III. Stat. 9 H. 4.4 No Thief or Felon in Wales openly known shall be suffered to disclaim out of the Seigniory where the Felony was committed But such manner of disclaimer shall be from henceforth utterly put out and such Thieves shall be put to answer to Indictments and other accusations in the Seigniory where they are taken without being delivered by disclaiming or Letters of Marque IV. Stat. 2 H. 5. Stat. 2.5 If a Welsh-man that doth forcibly take and detain an English-man until he be ransomed will not upon process awarded against him by the Justices appear and answer the same untill he be outlawed the Justices shall certifie the same under their seals to the Officers of the Seigniories where such outlaw is who shall apprehend and do execution upon him according to the Law But this is now altered by 27 H. 8.26 which see after V. Stat. 26 H. 4.8 Forthwith upon the charge given to an Enquest in Wales or the Marches thereof upon any traverse against the King or trial of any recognizance broken or any forfeiture due to the King or upon trial of any murderer felon or accessary an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors who without special order of the Court shall not suffer them to have any bread drink meat fire or light nor to speak to any person whatsoever nor speak to them himself before they are agreed upon their verdict unless it be only to ask them whether or no they are agreed and all this suchâ Keeper shall observe in pain to be imprisoned and fined at the discretion of the Court. VI. Here if the Jurors give any untrue verdict against the King contrary to good and pregnant evidence or otherwise misdemean themselves the Lord President and Council upon complaint thereof have power to convent them before the said Council and to punish them at their discretions VII â Stat. 26 H. 8.6 All persons dwelling in VVales or the Marches thereof upon warning of any Court to be kept within their respective limits shall appear there in proper person to do their service in pain of such Fines forfeitures and amerciaments as shall be assessed upon them by the respective Courts where they owe such service to be levied by distress to the use of the King within his Lordships there and of other Lords marchers within theirs VIII If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear as aforesaid and thereupon commit him to prison contrary to Law or the custom of that Lordship the Commissioners or Council upon complaint have power to send for such Steward or Officer and if upon good proof it be found that the party was so imprisoned without lawful cause they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment or more at their discretions as the damage shall deserve the Commissioners shall also fine him to the Kings use whether he appear or not and may compell him by imprisonment to pay such fines and penalties both to the King and the party grieved IX None in VVales or the Marches thereof coming to any Sessions or Court there shall bring or cause to be brought thither or to any other place within two miles thereof or to any Town Church Fair Market or other Congregation except upon a Hue and Cry or into the High-way affray of the Peace of the Kings People any Bill Low-Bow Cross-bow hand-gun Sword Staff Dagger Halbert Morespike Spear or any other Weapon Privy Coat or Armour in pain to forfelt the same unless it be by the command or license of the Justices a Steward or other Officer or of the Commissioners or Council there X. None without the Commissioners license in writing shall there or in the Counties thereto adjoyning require or levy any Commorth Bydal Tenants Ale or other collection or exact any money goods or other thing under colour of marriage or suffering of their children saying or finging their first Masses or Gospels of any Priests or Clerks or for the redemption of any murder or other felony or for any other cause whatsoever or shall make or procure to be made any games of running wrastling leaping or any other games the game of shooting only excepted in pain to suffer a years imprisonment and to be fined at the discretion of the Commissioners who shall by this Act have power to hear and determine the said offences Neither shall any cast any Arthell into any Court there by reason whereof it may be letted or discontinued at that time in pain to suffer a years imprisonment XI Courts in Wales and the Marches thereof shall be kept in the most sure and peaceable places of each Lordship Marcher where the Justice Steward or other Officer thereof shall appoint XII Justices of Peace and Goal-delivery in the Counties next adjoyning to VVales where the Kings Writ runneth may hear and determine the offences of counterfeiters washers clippers or diminishers of Coin and all felonies and their accessaries committed in VVales or the Marches thereof And acquittal or fine making for any of the said offences in any Lordship marcher shall be no barr for any person or persons indicted for the same within 2. years next after such offence committed XIII The said Justices of Peace and Goal-delivery have power to award all manner of Process as well of Outlawry as otherwise against every such offender and shall send to the Lord or Officer of the Lordship where the offender is resiant a Certificate under the seals of two of them at least of any such outlawry or attainder commanding him under the pain of 100 l. to be forfeited to the King to apprehend or cause to be apprehended the body of such offender and safely to keep him untill such convenient time before the next Goal-delivery of the
County where he was so outlawed as shall be thought fit for his conveyance thither and then he shall be conveyed from marcher to marcher by the Lords or Officers thereof to the said next Sessions of Goal-delivery of the County where he was so outlawed as aforesaid And here the Lords marchers and Officers aforesaid by whom he is so to be conveyed shall not be negligent herein in pain to forfeit each of them so making default 100 l. to be levied to the Kings use Also the said Lords or other Officers shall at the said Sessions make due return of such Certificate upon the like pain Howbeit here all traverses challenges exceptions advantages and all other Pleas upon any such outlawry are saved to the offender XIV Here an offender attainted of Felony as Principal or accessary upon surety found for the good behaviour may for one time only by the assent of the President and two Commissioners be discharged and admitted to a Fine to be levied for the King's use so as no appeal be then depending against him for such offences XV. Provided That this Act shall not extend to abridg the liberty of any Lord Marcher unless such offender be outlawed or attainted by force of this Act within two years after the offence committed XVI All Felonies and their accessaries committed in the County of Merioneth shall be inquired heard and determined in the Counties of Carnarvan or Anglesey before the Justice of North-Wales or his Deputy by Enquest of Carnarvan and Anglesey or otherwise at the discretion of such Justice or his Deputy XVII All Officers and their Deputies upon command of the Commissioners or Council shall bring send or deliver every offender in Felony to the Officer of the Lordship marcher or other place where the offence was committed upon the bounds of such Lordship or to the said Commissioner or Council as such Officers shall be commanded in pain of 40 l. which command shall be sent by a Serjeant at Arms or a Pursuivant then attendant upon the said Council XVIII â Stat. 27 H. 8.7 All the Kings Subjects and friends may pass freely on horseback or on foot and with Cattel Wares or otherwise through all or any of the Forests in Wales without payment of any unlawful exactions or suffering any other damage whatsoever And no Forester or other shall commit any such offence in pain to be tryed for the same as Robbers before the Justices of Peace of the Shire adjoyning XIX Cattel which stray into any Forest there and are challenged within a year and a day by the right owner shall be re-delivered unto him upon demand and if the Forester or other officer or farmer there refuse to re-deliver them they shall forfeit to such owner double the value of such cattel and he may have an Action of Detinue for the recovery of them to be tryed in the County next adjoyning in which action like Process of outlawry shall be had as in an Action of Trespass at the Common Law XX. Stat. 27 H. 8.26 Wales shall be incorporated united and annexed to and with England and all persons born there shall enjoy all Liberties as other Subjects in England do also Lands shall descend there according to the English Laws and not after the form of any Welsh Laws or Customs XXI The Laws and Statutes of this Realm and none other shall be had and used and executed in Wales in like manner as in this Realm and as shall be farther declared by this Act. XXII Divers Lordships Marchers are united to English Counties others to Welsh Counties and the residue are divided into new particular Counties by themselves viz. Monmouth Breknoke Radnor Mountgomery and Denbigh XXIII The County of Monmouth shall consist of these Lordships Townships Parishes Commotes and Cantredes viz. Monmouth Chepstow Maberne Llannihangel Magor Goldecliff Newport Wenlong Ilanwerne Caerlion Uske Trelecke Tinterne Skinfreth Grousmount Wïtecastle Raglan Calicote Biston Abergavenny Penrose Greenfield Maghen and Hochuystade all which said places shall be hereafter guildable and reputed as parts and members of the County of Monmouth whereof Monmouth shall be reputed the Shire-town And the Sheriff of the County shall keep his County-court at Monmouth and Newport alternis vicibus XXIV All Actions for lands and other things may be laid and sued in the County of Monmouth and tried there by Assize or Nisi prius and Venire facias and all other process may be awarded thither by the Justices Also the Inhabitants there shall be obedient to the Kings Officers and Laws and the Sheriffs and Escheators of that County shall perform their duties and render account in the Eschequer as is used in or for any other County of England XXV The Lordships Towns c. to be reputed members of Breknoke-shire shall be Breknoke Creckehowel Tretoure Penkelly English Talgarth Welsh Talgarth Dians the Hay Glincbogh Broyulles Canterbely Lando Blainlilby Estrodew Buelthe and Iingros Also the Shire-town shall be Breknoke and the Shire-court shall be kept there XXVI The Lordships Towns c. of Radnorshire shall be New Radnor Elisherman Elvelles Bonghred Glosebury Glawdistre Mihelles Church Meleneth Blewagh Knighton Norton Preston Commorhader Rayder Gwethronyon and Stonage Here also New Radnor shall be the Shire-town and the County or Shire-court shall be holden at New Radnor and Rother Gwy in the same County alternis vicibus XXVII Those of Mountgomeryshire shall be Mountgomery Cedwenkery Cawryland Arustely Kiviliocke Doythur Powesland Clunestand Balesle Tempcester and Alcestre Whereof Mountgomery shall be the Shire-town and the County-court shall be holden there and at Maghenteth in the same County alternis vicibus XXVIII Those of Denbighshire shall be Denbyland Ruthin Saint Kiynllethowen Bromfield Yale Chirk Chickland Molesdale and Hopesdale The Shire town also shall be Denbigh and the County-court shall be holden at Denbigh and Wrexham in the said County alternis vicibus XXIX The King shall yearly appoint Sheriffs Escheators and other Officers accomptants for the Counties for Breknoke Radnor Mountgomery and Denbigh and shall have a Chancery and Exchequer at Breknoke where the said Officers of the Counties of Brekenoke and Radnor shall yearly accompt before such Auditors Chamberlain and Baron as the King shall appoint for that purpose There shall be also another Chancery and Exchequer at Denbigh where the said Officers of the Counties of Mountgomery and Denbigh shall also accompt before such Auditors Chamberlain and Baron as aforesaid XXX Justice shall be administred and executed in the Counties of Breknoke Radnor Mountgomery and Denbigh according to the Laws and Statutes of England and such other customs and laws now used in Wales as the King and his Council shall allow by such Justice or Justices as shall be thereunto appointed by the King and after such manner as Justice is administred in the Counties of North-wales XXXI In the marches of VVales there shall be made guildable and annexed to the County of Salop the Lordships Towns Parishes Commotes Hundreds and Cantredes of
Oswestrie VVhetington Masbrâke Knoking Ellesmer Down and Cherbury Hundred Here also Oswestrie VVhetington Masbroke and Knoking shall be known by the name of the Hundred of Oswestrie and the Inhabitants thereof shall be attendant at Sessions Assizes and Goal-delivery as the Inhabitants of other hundreds within the said County of Salop use to do Also Ellesmer cum membris shall be united to the Hundred of Pimhill in Com. Salop and the Inhabitants thereof shall be attendant as aforesaid Likewise the Lordship of Down cum membris shall be united to the Hundred of Cherbury in Com. Salop and the Inhabitants thereof shall give their attendance as aforesaid Howbeit neither the said Hundreds of Cherbury or Oswestrie nor the Lordship of Ellesmer shall be hereby otherwise priviledged than as Hundreds annexed to the County of Salop as other Hundreds be within the said County XXXII In like manner the Lordships Towns Hundreds c. annexed to the County of Hereford are Ewyas Lacy Ewyas Harold Clifford Winsorton Yerdesley Huntington Whitney Wigmore Logharneis and Stepluton whereof Wigmore and Loghaâneis with their members shall be called the Hundred of Wigmore and Ewyas Lacy cum membris the Hundred of Ewyas Lacy but Ewyas Harold shall be united to the Hundred of Webtree in Com. Hereford and Clifford Winforton Yerdlesley Whitney and Huntington shall be called the Hundred of Huntington Here also the Inhabitants shall be attendant at Sessions Assizes and Goal-delivery holden for the County of Hereford but these Lordships c. shall claim no priviledge but as Hundreds or members of Hundreds of the same County XXXIII Likewise the Lordships Towns and Parishes of Wollaston Tidman and Becheby and all Honours Lordships Castles Lands Tenements and Hereditaments lying between Chepstow-Bridge and Glocestershire shall be annexed to the County of Glocester as parâ thereof and shall be parcel of the Hundred of Wesebury in that County Also the Inhabitants thereof shall be attendant as aforesaid and shall claim no priviledge but as Hundreders of the Hundred of Wesebery aforesaid XXXIV Gowerwilney Bishops town Landaffe Signithe supra Signithe subtus Miskin Ogmore Glencothney Tallagarn Ruchien Tallavan Lambelthion Lantwid Tyerial Avan Neth Landway and the Clays shall be Guildable and united to the County of Glâmorgan and justice shall be administred in Glamorganshire so united according to the Laws of England as in the three Counties of North-Wales and not according to the Welsh Laws XXXV Lanemthevery Abermeles Redwely Elkenning Cornwolthon Newcastle Emlin and Abergoyly shall be Guildable and annexed to the County of Caermarthen where also Justice shall be administred as aforesaid XXXVI Haverfoâd west Kilgaraâ Lansteffan Langherne alias Tellanghern Walwinscastle Dewis-land Lanny haddein Lanfrey Herberth Slebeche Rosmarket Castellan and Lland of Loure shall be Guildable and annexed to the County of Pembroke wherein Justice shall be administred as aforesaid XXXVII Tregarn Generglin Landwy and Urency shall be Guildable and united to the County of Cardigan and there also justice shall be administred as aforesaid XXXVIII Mountway shall be Guildable and annexed to the County of Merioneth in North-Vales as a commote or part thereof XXXIX All Justices Commissioners Sheriffs Coroners Escheators Stewards and their Lievetenants and all other Officers and Ministers of Law shall proclaim and keep Sessions Courts Hundreds Leets County-Courts and all other Courts in the English tongue and all oaths of Officers Juries and Enquests and all Affidavits Verdicts and Wagers of Law shall be given and done in the same tongue XL. None that use the Welsh language shall have or injoy any office or fees in any of the Kings Dominions but shall forfeit them unless he use the English XLI The Sheriffs of Monmouth Breknoke Radnor Mountgomery and Denbigh shall put every unruly person under common Mainprize as the Sheriffs of the three Counties of North-VVales use to do XLII The Sheriff of Monmouth shall certifie such recognizances common mainprize and surety of apparence at every quarter-Sessions of that County and the persons so bailed shall appear at the two Sessions holden at Easter and Michaelmas until they be released XLIII The Sheriffs of Breknoke Radnor Mountgomery and Denbigh shall certifie such recognizances c. before such Justice as the King shall appoint at every Sessions to be holden in the said Counties XLIV All persons under bail for appearance in the Counties of Breknoke Radnor Mountgomery Denbigh Glamorgan Caermarthen Pembroke and Cardigan either by the Sheriffs or Justices of those Counties shall appear before the said Justices at every Sessions as is used in the three Counties of North-VVales XLV The lay and temporal Lords Marchers shall have the moity of every such recognizance forfeited within their respective Precincts to be paid them by the Sheriff if he can levy them who is also to answer the other moity to the King in the Exchequer upon his account XLVI The Lord Chancellor shall forthwith after this Parliament direct a Commission under the great seal for the division of the Counties of Caermarthen Pembroke Cardigan Monmouth Brekenoke Radnor Mountgomery Glamorgan and Denbigh into convenient Hundreds to be returned into the Chancery and there to remain of Record which shall be of like force as an Act of Parliament XLVII Commissions also shall issue forth to inquire after the Welsh Laws and Customs and such of them as shall be thought fit by the King and Council to be continued shall stand and be in full force notwithstanding this Act. XLVIII Two Knights for the County and one Burgess for the Burrough of Monmouth shall be chosen to serve in Parliament XLIX Also one Knight shall be chosen for each County of Breknoke Radnor Mountgomery and Denbigh and for every other County in VVales and for every Burrough being a Shire-town except the Shire-town of Merioneth one Burgess L. The said Knights and Burgesses shall be elected and enjoy like priviledges and fees as Knights and Burgesses of England And the Knights fees shall be levied of the Commons of each County and those of the Burgesses as well of the Shire-towns whereof they be Burgesses as of all other ancient Burroughs within the said respective Counties LI. All Lords Marchers shall enjoy all such liberties mises and profits as they had or used to have at the first Entry into their lands in times past notwithstanding this Act. LII The Laws and Customs of the three Counties of Northwales and of the County Palatine of Lancaster are saved LIII This Act shall not extend to derogate any other Act heretofore made for the trial of treason murther or felony or accessaries thereunto committed in any Lordship Marcher in VVales or in any Court of England next adjacent thereunto LIV. Lands by the Custom partable amongst males shall so continue notwithstanding this Act. LV. The King hath power within three years to suspend or repeal this Act As also within 5 years to erect as many Courts of Record or others and to appoint as many Justices and other Officers in VVales as
be of as good force as the orignal record it self CLIX. The Justices Clerks may write out and enroll the said Records but shall not carry them out of their offices CLX No Fine or Recovery heretofore levied or suffered shall after exemplification be amended CLXI This Act shall not prejudice the heirs of Sir Edward Gray Knight Lord Powis or Sir Edward Herbert Knight his heirs or assigns or Henry Vernor or John Vernor Esquires their heirs or assigns concerning any fine levied or recovery suffered by or against the said Lord Powis of Lands in the County of Mountgomery Nor to Henry now Earl of Kent concerning any lands in Wales whereunto he pretends title Walsingham I. Stat. 35 H. 8.13 The Demesne Lands in Walsingham belonging to the late Priory there may be let by Copy and shall hereafter be Copyholds Wapping-Marsh I. Stat. 35 H. 8.9 An Act for the Partition of Wapping-Marsh Wards I. Magna Charta 3. 9 H. 8.9 The Lord shall take homage of the heir within age before he have the Wardship and such heir after he hath been in ward shall at his full age of 21 years have his Inheritance without relief or fine and if the heir within age be made a Knight yet his Land shall remain in Ward untill his full age aforesaid II. Magna Charta 6. 9 H. 3. Heirs shall be married without disparagement III. Magna Charta 27. 9 H. 3. If any hold of the King by Fee-farm Soccage or Burgage and holdeth lands of another by Knight-service the King shall not have the custody either of the heir or land by reason of the tenures in Fee-farm Soccage or Burgage Neither shall he have the custody of such Fee-farm Soccage or Burgage except Knight-service be due to him out of such Fee-farm Also by reason of petty Serjeancy viz. to pay a Knife Arrow or the like the King shall not have the custody either of the heir or land IV. Merton 6. 20 H. 3. Where heirs are led away and withholden or married by their Parents and others with force against the Peace if a Lay-man be convict thereof he shall render to the party the value of the marriage and remain in prison until he hath satisfied the same if the child be married and besides until he hath satisfied the King for the trespass Howbeit this is to be understood of an heir within age of 14 years V. If an heir 14 years old or above marry himself without licence of his Lord to defraud him of the marriage and his Lord offer him reasonable and convenient marriage without disparagement the Lord shall retain the Land beyond the term of his full age until he may receive the double value of the marriage according to the estimation of lawful men or as was offered him before without fraud or collusion and as it may be proved in the Kings Court. VI. If Lords marry their heirs to Villains Burgesses or others whereby they are disparaged such heir being then within the age of 14 years In this case upon complaint of the Wards friends the Lord shall lose his Wardship and the profits thereof shall be by friends converted to the use of the heir But if it be 14 years old or above and consent to such marriage no pain shall insue VII Merton 7. 20 H. 3. If an heir of what age soever he be will not marry at the request of his Lord he shall not be compelled thereunto But when he is of full age he shall pay his Lord before he receive his land as much as any would have given the Lord for the marriage And that whether the heir will marry himself or not for of right the marriage of the heir within age pertaineth to the Lord. VIII Marlbr 6. 52 H. 3. Where any enfeoff their eldest sons and heirs within age of the Inheritance with purpose to defraud the Lords of their Wardships It is accorded that by occasion of any such Feoffment no chief Lord shall lose his Ward IX As for such as feign false Feoffments of their land which they would deliver out for term of years with purpose to defraud the chief Lords of their Wards in which Feoffments is contained that they are satisfied of the whole service due unto them until a certain time so as such Feoffees are bound at the said term to pay a certain sum to the value of the same lands or far above so that after the end of such term the land shall return to such Feoffors and their heirs because no man will be content to hold it at the price It is accorded that by such fraud no chief Lord shall lose his Ward Howbeit the Lords shall not disseize such Feoffees without judgment but shall have a Writ of Ejectione custodiae to recover the Ward And when by the witnesses to the Feoffment with other lawful men of the Country the value of the land and the quantity of the sum payable after the term it shall be tryed whether such Feoffments were made bona fide or by Collusion as aforesaid And if the chief Lords in such cases recover their Wards by judgment the Feoffees nevertheless may have their action to recover such term or fee which they had therein when the heirs come to their lawful age X. Where chief Lords maliciously implead such Feoffees feigning this ease when the Feoffments were made bona fide in such cases the Feoffees shall recover against the chief Lords their damages and costs and besides the Plaintiffs shall be punished by amerciament XI Marlbr 7. 52 H. 3. In a plea of Communi Custodia if the deforceors come not at the great distress that Writ shall be renewed twice or thrice at such terms as it may be done in within the half year following so as at every such time the writ may be read in open County if the deforceor be not found before and be there openly proclaimed that he may appear at the day limited and if he come not in to answer within the half year nor the Sheriff can take his body to answer before the Justices according to Law then as a Rebel and one that will not be justified he shall lose the seisin of the Ward saving to him at another time his Action if he have right to the same XII Howbeit where the Wardship belongs to the Guardian of Wards being within age and where Guardians demand a Wardship which belongeth to the heir such heirs within age shall not lose their inheritance by the negligence of their Guardians as in the case aforesaid but in such cases the Common Law shall run as hath been accustomed XIII Marlb 17. 52 H. 3. Guardians in Soccage shall make no waste sale or destruction of the heirs inheritance but safely keep the same to the use of the heir and when he cometh to age shall answer him the issues thereof by a lawful accompt saving their reasonable costs Neither shall such Guardians sell the marriage of such heir but to his advantage and
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads âiens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
gallons may be sold for 1 d. out of a Town four gallons may be afforded And this Assize shall be observed throughout England VI. The Assize of Bread shall be rated according to the middle price of wheat and shall not be changed but by 6 d. increasing or decreasing in the sale of a Quarter VII Stat. de ponderibus mensuris An English penny sterling being now three pence shall weigh 32 grains of wheat taken out of the middle of the ear and 20 d. do make an ounce 12 ounces a pound 8 pounds a gallon 8 gallons a London bushel which is the eighth part of a quarter Stat. 31 E. 1. See Rastal Weights 7 8. VIII Stat. of Pillory and Tumbrel 51 H. 3. If a Baker or Brewer be convict not to have observed the Assize for the first second and third fault he shall be amerced except the offence be grievous and often and then shall the Baker to the Pillory and the Brewer to the Tumbrel or some other Correction IX Six men shall be sworn truly togather all the measures and weights of the Town and of Mills and upon the measures and weights as also upon every loaf shall the name of the owner be distinctly written After this twelve lawful men shall be sworn to make true answer on the Kings behalf upon Articles hereafter following and the Bailiff shall be commanded to bring the Bakers and Brewers with their measures and all things underwritgen X. Then first the Jury shall inquire the first second and third prices of Wheat sold the last Market-day and also how Barley and Oats and upon how much increase or decrease of the price of Wheat the Baker ought to change the Assize of his bread and how much it ought to weigh according to the present price of Wheat and whether the Town have a Pillory of convenient strength XI Again they shall inquire of the assize and price of Wine and the Vintners names and how they sell and whether they utter that which is wholesome for mans body also of the assize of ale in the Court of the Town how it is and whether it be observed and if the Brewers be found to have sold contrary to the Assize they shall be amerced or else judged to the Tumbrel XII They shall inquire likewise of such as use double or false Weights or Measures of Butchers and Cooks that sell unwholsome meat and of forestallers which buy any thing before the accustomed time of Market XIII Stat. de Pistoribus 31 E. 1. The assize or weight of wheat shall never be changed but when there is six pence increasing or decreasing in the price of a quarter XIV If a Bakers bread be found a farthing weight lacking in two shillings six pence or under he shall be amerced and if it pass the same number he shall suffer the punishment of the Pillory which shall not be remitted for gold or silver and every Baker shall have a mark of his own for bread XV. According to which proportion it seems that if a Bakers bread wants not a penny weight in six ounces he shall not incur amerciament XVI Every Pillory or Stretch-neck must be made of convenient strength for that execution may be done upon offenders without peril of their bodies XVII The Toll of a Mill shall be taken according to custome and the strength of the water either to the 20 or 26 corn also by a measure agreeable to the Kings Standard and by the rate and not by heap or cantell and if the Farmers find the Millers their necessaries they shall take nothing besides their due toll in pain to be grievously amerced XVIII The assize of Ale shall be assessed proclaimed and kept according to the price of corn whereof Malt is made and the Brewer shall not increase more in a gallon but according to the rate of 6 d. rising or falling in a Quarter of Malt and if he break the assize for the first second and third time he shall be amerced but for the fourth he shall incur the Pillory XIX A Butcher that sells Swines-flesh mezled or dead of the murrin shall for the first time be amerced for the second incur the Pillory for the third be imprisoned and make fine and for the fourth shall forbear the Town and in this manner shall it be done to all that offend in like case XX. The Standard of Bushels Gallons and Elns shall be signed with an Iron Seal of the Kings and no Measure shall be in any Town unless it do agree with the Kings Measure and be marked with the Seal of the Shire-Town XXI If any do sell or buy with Measures unsealed and not examined by the Mayor and Bailiffs he shall be grievously amered XXII All Measures shall be viewed twice every year and if any be convict of a double Measure he shall be imprisoned and grievously punished XXIII The Standard Bushels and Elns shall be in the custody of the Mayor and Bayliffs and of six lawful persons of the Town being sworn before whom all Measures shall be sealed and no grain shall be sold by the heap or Cantel except it be Oats Malt and Meal XXIV No Fore-staller shall be suffered to dwell in any Town and if any be convict of that offence for the first time he shall be amerced and lose the thing so bought for the second shall have judgment of the Pillory for the third shall be imprisoned and make fine and for the fourth shall abjure the Town and like judgment also shall be given his accessaries XXV An Ordinance for measuring of land 34 E. 1. See the Statute at large XXVI Stat. 14 E. 3.12 There shall be one Weight and one Measure through the Realm of England and the Treasurer shall cause to be made certain Standards of bushels gallons and weights of brass and shall send them into every County where such Standards are not already sent and thereupon shall be assigned two sufficient persons of every County or more if need be to survey Weights and Measures according to the Standard who shall have power to hear determine and punish all those that shall be thereof found guilty and to command the Sheriff to imprison them till they shall make fine to the King XXVII The said Officers shall every year the next day after the Feast of Saint Michael deliver their Estreats into the Exchequer and take for their expences a fourth part of that they can levy and shall answer the King the other three parts and the fourth part also of that they cannot levy shall be answered them in the Exchequer and the other three parts shall be levied for the Kings use XXVIII Stat. 25 E. 3.9 Auncel weight shall be quite put out and weighing shall be by equal balance Stat. 34 E. 3.5 XXIX Stat. 25 E. 3.10 Every Measure shall be according to the Kings Standard and shall be striked without heap saving the rents of Lords and the King will assign certain Justices in every
Knight-service and other Lands in Soccage or of the nature of Soccage may give dispose or assure by will or otherwise by Act executed in his life two parts of the knight-service land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the soccage-land at his pleasure saving to such Lord for his custody and wardship so much of the knight-service land as shall amount to the yearly value of the third part thereof X. Every person having mannors lands c. holden of the King by Knight-service and not in chief or any mannors lands c. holden of the King by Knight-service and not in chief and other mannors lands c. holden of any other person by knight-service and also other mannors lands c. holden of any other person in soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by act executed in his life two parts of the said Knight-service-Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid and all the soccage-land at his will and pleasure Howbeit here also the custody and Wardship of so much of the said Knight-service mannors lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part XI Provided that all persons shall sue liveries for possessions reversions or remainders and pay reliefs and heriots as they did before the making of this Act. XII Fines for alienations shall be paid in Chancery upon Writs of entry in the Post for common recoveries suffered of any Mannors Lands c. holden of the King in chief in like manner as upon alienations of such Mannors Lands c. by fine or feoffment Howbeit no other fine shall be paid there for any such Writs but only such fines for alienation XIII Where two or more hold any Mannors Lands c. of the King by Knight-service joyntly to them and the heirs of one of them and he that hath the inheritance dyeth his heir being within age the King shall have the Ward and Marriage of such Heir the life of the freeholder or Freeholders notwithstanding saving to every Woman her Interest of Dower in such lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also to the King the reversions of all such tenants by joynt-tenure and Dower after the death of such tenants in case they happen to dye during the nonage of the Kings Ward XIV Stat. 34.35 H. 8.5 Where the Statute of 32 H. 8.1 mentioneth mannors lands c. of inheritance it shall be expounded and taken of estates in fee-simple XV. Every person having a sole estate in fee-simple or seized in co-parcenery or in common in fee-simple in any Mannors Lands tenements rents or other hereditaments in possession reversion or remainder and having no Mannors lands c. holden of the King or of any other by Knight-service may give dispose will or devise to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said mannors lands tenements rents and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure XVI Every person having such an estate or seized as aforesaid of or in any mannors lands rents c. in possession reversion or remainder or of or in any rents or services incident to any reversion or remainder holden of the King by Knight-service in chief or of the nature of Knight-service in chief may give dispose will or assign to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by an Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is two parts as well of all the said Mannors lands c. as of all other rents and hereditaments or of any of them or any rents commons profits or commodities out of or to be perceived of the same two parts or out of any parcel thereof in three parts to be divided or as much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided of what person or persons soever they be holden at his free will and pleasure XVII Such Will so declared shall be good for two parts of the said Mannors lands c. although it be made of the whole or more then the two parts thereof the said division to be made by the devisor or owner of the said Mannors lands c. by will in writing or otherwise in writing and in default thereof by Commission out of the Court of Wards upon inquiry of the true value thereof by the oaths of 12 men and upon return thereof in the same Court the division shall be made by the Master of the Wards if the said Master and parties cannot otherwise agree upon the division and the issues and profits of the two parts shall be restored to them that shall have right thereunto from the death of the owner or deviser XVIII Every person being seised solely in co-parcenery or in common as aforesaid of any mannors lands rents c. in possession reversion or remainder or of any âents or services incident to any reversion or remainder holden of the King by Knight-service and not in chief or of any other person by Knight-service may give dispose will or devise to any person except to bodies politick by his last Will and Testament in writing or by act executed in his life solely or joyntly as aforesaid two parts thereof or any rents common or profits to be perceived out of the same two parts or out of any part thereof c. And such Will shall be good for such two parts albeit it be made of the whole lands so holden or of more then the said two parts and shall also be good for all lands not holden in Knight-service and for all rents commons and other profits to be perceived out of the same XIX Here also the division of the third part is to be made as before where it concerns the Kings Interest but where it concerns other Lords the division shall be by Commission out of the Chancery if such Lords and the parties in the mean time cannot agree
ingrossing and forestalling so as they carry the same to Halifax and there sell it to such poor people of that or other Parishes adjoyning as to their knowledg shall work them in cloth or yarn and not to the rich Clothier nor any other to sell again XXV If the wool-driver shall sell his wools out of Halifax or if any buy wools in Halifax to sell the same unwrought in yarn or cloth every such offender shall forfeit the double value of the Wool so sold or uttered whereof the King and Queen is to have the one moyety and the Prosecutor the other And Justices of Peace in Sessions have power to hear and determine these offences XXVI Stat. 12 Car. 2. cap. 32. None shall export any sheep or wool woolfels mortlings yarn Fullers earth fulling-clay nor carry load or convey the same to be transported upon several penalties as well upon the owners of ships as the persons that shall convey the same See the Act at large XXVII Stat. 14 Car. 2. cap. 18. None shall export any sheep wool woolfels mortlings shortlings yarn made of wool wool-flocks Fullers earth fulling-clay nor Tobacco-pipe clay XXVIII Justices of Assise Goal-delivery and Justices of the Peace at their Quarter-Sessions may hear and determine offences against the said Act. XXIX Stat. 14 Car. 2. cap. 19. No Forreign Wool-cards Card-wire or Iron for Wool-cards shall be imported nor used in England or Wales Women Widows Wives and Maids I. Magna Charta 7 9 H. 3. A Widow immediately after her husbands death shall have her marriage and inheritance and shall give nothing for her dower marriage or inheritance which her husband and she held the day of his death II. Also she shall remain in the chief house of her husband forty dayes after his death if the house be not a Castle within which 40 dayes her dower shall be assigned her if it were not assigned her before III. If the house be a Castle and she depart from thence then shall a convenient house be forthwith provided for her where she may conveniently dwell untill her Dower be assigned and in the mean time she shall have reasonable estovers of the common And for her dower shall be assigned unto her the third part of all the land which was her husbands in his life time unless she were before endowed of less at the Church door IV. No widow shall be distrained to marry her self while she will live without a husband Howbeit she shall find surety that she shall not marry without the Kings licence and assent if she hold of the King nor without the assent of the Lord in case she hold of another V. Prerog Regis 4.17 E. 2. The King shall assign dower to the Widows of his tenants in chief albeit the heir be at age if the widows will and such widows before assignment of their dower shall swear that they will not marry themselves without the Kings licence whether the heirs be of full age or not VI. If they marry without licence the King shall seize by way of distress the land they held of him in dower until he be satisfied at his own will so that they shall take nothing of the issues thereof For by such distresses they and their husbands must fine at his will which in the time of H. 3. was estimated one years value of her Dower VII Women that hold any Inheritance of the King in chief of what age soever they be shall likewise swear not to marry without the Kings licence And if they do their lands shall be seized as aforesaid until the King be satisfied at his will VIII Stat. 31 H. 6.9 Where any person or persons take women by force or otherwise by perswasion get them into their possession and when they so have them will not suffer them to go at large until they have bound themselves by obligations or Statute Merchant in great sums of money to them or others for their use and many times compel them to be married against their likings and levy such sums upon their Lands In these cases the obligor shall have a Writ out of the Chancery containing the matter of such evil usage directed to the Sheriff of the County where such offence is committed to make Proclamation in full County and also in the next County-Court after the receit of the Writ that the offender shall appear at a certain day prefixed in the Writ before the Lord Chancellor or otherwise before the Justices of Assize in the County where the offence is done or else before some other person thereunto assigned by the Lord Chancellor At which day if the offender appear the said Chancellor Justices or other person-shall duly examine the parties upon the premises And if it be found that the obligations were so made they shall be void but otherwise they shall stand in force Also if the offender appear not they shall likewise be void as also all the proceedings thereupon IX Here if the Sheriff be remiss in the execution of such a writ he shall forfeit 300 l. to be divided betwixt the King and the party that purchased the same Writ X. Stat. 4 5 P.M. 8. None shall take or convey or cause to be taken or conveyed away any Maid or Woman-child unmarried being within the age of 16 years out of the custody and against the will of the father or mother of such child or of the person to whom the father of such child by his last will or other Act in his life-time hath appointed Governance of such child except such taking shall be by or for such person as without fraud is master or mistriss of such child or her guardian in Soccage or Chivalry in pain of two years imprisonment without bail or else to pay such fine as shall be assessed by the Queens Council in the Star-Chamber XI None shall take away and deflower any such child or against the will of her father if he be living or of her mother having the custody of her if the Father be dead contract matrimony with any such child except by the title of Wardship in pain to suffer five years imprisonment or else to pay such fine as shall be assessed by the said Council in the Star-Chamber XII The said fines shall be divided betwixt the King and Queens Majesties and the party grieved XIII The said Council in the Star-Chamber and Justices of Assize have power to hear and determine these offences XIV If any such child above the age of 12 years and under the age of 16 years do consent to any such contract of Matrimony the next of the Kin to whom her inheritance should come shall enjoy it during her life But after her decease it shall revert to the inheritor other then to him that did so contract Matrimony XV. Provided That this Act shall not be prejudicial to any custome or authority concerning Orphans in London or any other City Borough or Town Worsteds I. Stat. 17 R.
2.3 Merchants and Workers of clothes called single Worsteds may transport Bolts thereof whither they please except to the Kings Enemies paying the Customes and Subsidies due for the same without paying the duties of Calais So as under colour thereof they transport no double Worsteds half double Worsteds Worsteds ray or Motley in pain to forfeit the same * II. Stat. 7 E. 4.1 The Worsted-weavers in Norwich shall yearly upon Monday after Pentecost choose four of the same craft to be their Wardens for that City and likewise those of the County of Norfolk shall then also choose four of the same craft there to be their Wardens for the said County which Wardens shall take their oaths before the Mayor of Norwich and the Steward of the Dutchy of Lancaster if the Steward be then resident in the said County otherwise before the Mayor alone III. The said Wardens have power for the year next ensuing to survey the Workmanship of the Artificers of that craft whether or no they work well and make their work of good stuff and likewise to make Ordinances for the amendment of the said Worsteds and craft All which Ordinances shall be obeyed and kept by the said Artificers in pain to be punished by four of the said Wardens either in City or County respectively calling to them six other such Artificers at the discretion of the said Mayor and Steward or one of them IV. Also the lengths and bredths of Pieces of Worsted are here set down For which see the Statute at large V. No Lambs-wooll shall be put in Worsteds And the said Wardens have power to seize all such clothes and stuff being defective VI. The Mayor and Stewards aforesaid have power to hear and determine all offences committed against the said Ordinances and at convenient times to call together the said 12 Artificers to be sworn to make search of the stuff and work wrought and made by the said Wardens and if they be found defective either in their office or work to punish them as other Artificers VII The Wardens have also power to make such search in the Counties of Suffolk and Cambridg as well as in Norwich and Norfolk VIII Defective Worsteds shall be forfeit viz. in Norwich the one half thereof to the Mayor there or in Corporations or other places to the chief Officers or Lord of the Mannor and the other half to the said Wardens And Worsted-weavers shall set their proper marks woven upon their Stuffs in pain to forfeit them to the King IX The faid 8 Wardens shall yearly upon Munday next after Corpus Christi assign one two or more places in Norwich and as many in Norfolk and certain days by the week to the end that the Worsteds to be put to sale that year may be brought before the said Wardens to be searched and if they find them well made they shall set a mark thereupon without fee that the buyer may know which are well searched wrought and made of good stuff But if they shall find them defective the said Mayor and Steward or one of them shall impose such correction for such default as to them shall seem meet And the price of every piece of Worsted sold not marked shall be forfeited by the first seller thereof X. All Mayors Bailiffs and other Officers shall be aiding and assistant to the said Wardens in their search as often as they shall be required by the said Wardens or any of them so to do XI Stat. 11 H. 7.11 Citizens of Norwich may take to apprentice the son or daughter of any person XII Stat. 5 H. 8.4 None shall dry calander any Worsteds in pain to forfeit for every piece 5 l. Neither shall any wet calander any Worsteds unless he have served 7 years as an apprentice in that Trade and be approved by the Mayor of Norwich and the two Masters of that Craft in Norwich or Norfolk upon the like pain of 5 l. for every piece calandred contrary to this Act. Which said forfeitures shall be divided betwixt the King and the said Masters of the Craft of wet calandring XIII Stat. 14.15 H. 8.3 A long Statute for Worsted-weaters in Yarmouth and Linne The Election Oath and Authority of a Warden for Yarmouth Every person shall mark his Worsteds Sayes c. with his several marks The Election Oath and Authority of a Warden for Linne Every Worsted-weaver in Linne shall be an English-man born and shall have his proper mark A Warden of Norwich or Norfolk shall come to Lynne when there is no Warden there and his allowance by the day of his charge in coming thither What names or additions the parties grieved shall use in their actions whereupon the particular bodies of the Wardens or Inhabitants may be put in execution Clothes marked by Wardens of Linne or Yarmouth may be lawfully put to sale What apprentices Worsted-weavers in Linne and Yarmomth may take This Statute shall not be prejudicial to the Mayor of Norwich or the Wardens there None shall sheer dye or calander any Worsteds Sayes c. save only in Norwich Neither shall any such Stuffs be transported before they be so shorn dyed and calandred See the Statute at large XIV Stat. 25 H. 8.5 The Statute of 5 H. 8.4 is made perpetual and none that dieth Worsteds Stamins or Sayes shall use to calander them in pain to forfeit for every Piece 40 s. to be divided into three parts whereof the King is to have one the Mayor of Norwich another and the Prosecutor the third Wreck I. West 1.4 3 E. 1. Where a man dog or cat escape alive out of the Ship neither the Ship or other vessel nor any thing therein shall be adjudged wreck but the goods shall be saved and kept by the Sheriff Coroners or the Kings Bailiffs and delivered to the Inhabitants of the Town where the goods are found so that if any within a year and a day sue for those goods and after prove that they were his at the time of the Shipwrack they shall be restored to him without delay But if not they shall be seized by the said Sheriff Coroners or Bayliffs for the Kings use and shall be delivered to the Inhabitants of the Town who shall answer before the Justices for the Wreck belonging to the King II. Also where the Wreck belongeth to another he shall have it in like manner and if any be attainted to have done otherwise he shall suffer imprisonment make fine to the King and yield damages also III. If a Bayliff do it and it be disallowed by his Lord the Bayliff shall answer for it if he have whereof but if not the Lord shall deliver his Bailiffs body to the King IV. Prerog Reg. 11. 17 E. 2. The King shall have wreck of the Sea Whales and great Sturgeons taken in the Sea and elsewhere throughout the whole Realm except in places priviledged by the King Writs and abatements of Writs I. West 2.24 13 E. 1. Pars inde Where in