of the Great Seale both at one instant to Henry the first Sometime there were two Keepers of the Great Seale and both at once as were Jefferey le Templer and Iohn de Lexinton notwithstanding that Ralph Nevill remained Cancellor of whom infra Sometime the great Seale was delivered unto 3 at once as by Edward the 2d to Will Melton and 2 others joyned with him for a certain time to execute all such things as were to be done therewith during the Kings pleasure The election or creation of Chancellors and Keepers c. was of more than one sort and also of Men of divers degrees and qualities Sometimes and for the most part the Chancellor was elected by the King Durante bene-placito and put in power of his Office by the Delivery of the Seale and sometimes the Chancellor was made by Patent to hold that place or office during his life as Walter Grey Bishop of Chester in the time of King John and others some and the most part were elected by the King onely some had Patents of the King and were confirmed Chancellors by consent of the three Estates as were Ralph Nevill Bishop of Chester in the time of King Henry the third with whom the Prince being offended as reports Mathew Paris and demanding the Seale at his hands he refused to yield the same unto him affirming that as he had received it by the common consent of the Nobility so he would not without like Warran resigne the same And in the dayes of the same King it was told him by all his Lords spiritual and Tempotall that of ancient time the election and dispofition of the chief Justice Chancellor and Treasurer belonged to the Parliament anâ— although the King in displeasure did take the seaâ— from him and delivered the same to the custodâ— of others yet did the aforesaid Nevill remainâ— Chancellor notwithstanding and received the profits thereof to whom the King would havâ— restored the Seale but he refused to receivâ— it And hereupon may be gathered that the Keeper of the Seale is not Vice-chancellor in every respect Anâ—â—et us note by the way three several Parentâ— were granted unto this Ralâ—h Nevill aforesaid wâ— whereby he is ordained to be Chancellor and the third for the custody of the Scale all remaining among the Records in the Tower in haeâ—â—erba Henricus Rex c. Archiepiscopis Episcopis c. Sciatis nos dedisse concessâ—sse â—aâ— charta nostra confirmasse Vene Paâ—â—â— Randolpho Cicestrensi Episcopo Cancelldriaâ— nostram hahend â—â—nend toâ—o â—â—mpore vitae suae cum omnibus pâ—rtinent libertatihus â—â—â—eris consuetudinibus ad praedictam Cancellariam nostram habeat bene in pace libere 〈◊〉 integre honorifice cum â—â—â—â—bus exitus libertatibus omnious allâ—s ad eam perâ—inentibus sicut Cancellar Regn. Angl. praedecessor nostror ea melius quietius liberius integrius habâ—ere hijs Testibus c. datum per manum nostram 12. Fâ—br Anno Regni nostri 11. His second Patent was of this Forme Henricus Dei gratia c. Archiepiscopis Episcopis c. Sciatis nos concessisse et â—ac Charta nostra confirmasse pro nobis et haered nostris venerab. pri. Randolpho Cicistrensi Episcopo Cancellario nostro Cancellariam Angliae toto tompore vitae suae cum omnibus pertin. libertatibus liberis consuetudinibus ad praedict Cancellariam pertinen quare volumus et firmit praecipimus pro nob is et haered nostris quod praedictus Episcopus habeat ipsam Cancellariam toto tempere vitae suae cùm omnibus pertinent libertat et liberis consuetudinibus ad praedictam Cancellariam pertin. sicut praedictum est Testibus c. Datum per manum meum apud Westm. quarto die Maij Anâ—o regni nostri decimo septimo This is the transcript of his third Patent the same day and yeare Henricus Dei gratia c. Archiepiscopis c. Sciatis â—os concessisse et hac charta nostra confirmasse venerab. patri Randolpho Cicestr Episcopo cancellar. nostro custodiam Sigilli nostri toto tempore vitae suae cum omnibus pertin. libertat et consuetudinibus ad praedict. custod pertinent Ita quod sigillum illud Portat et custodiat in propria persona sua quamdiu voluerit vel per aliquem virum discretum sufficientem idoneum assignatsuum qui quidem assignat nob fidelitat faciat de fideli servitio de sigillo nostro loco suo fideliter Custodiendo aut quam custodiam praedicti sigilli recipiat 〈◊〉 si forte idem assignat â—suus discesserit vel vitam suam mutaverit vel ob causam rationalem per nos vel per ipsum Cancellar amotus fuerit vel ipse assignat sigillum illud ulterius portare noluerit idem Cancellarius loco illius assignat substituat alium virum discretum sufficientem idoneum substituat Item quod fidelitatem faciat nobis de fideli servitio suo de praedicto sigillo loco suo fideliter custodiend antiqua Carstiaca sigilli praedicti recipiat sicut praedictum est quare volumus firmiter praecipimus quod praedictus cancellar. habeat custodiam c. hiis Testibus c. Datum per manum nostrum apud Westm. quarto die Maii Anno Regni nostri decimo septimo Sometimes the Chancellors of England were elected by the Nobility as Nicholas of Eli was made Chancellor by the Barons But this seemed a usurpation by them for they were afterwards the most of them most sharply chastised and the said Nicholas deprived by Hen. the 3 d. disdaining to have Officers of that estate appointed him by his Subjects Sometimes the Chancellors were created out of the Nobility as Richard Nevill Earle of Salisbury in the time of Hen. the 6. Henry Bourchier Earle of Essex in the time of Edw. the 4. the Lord Wrotesley the Lord Rich c. Sometimes they were enobled after their advancement to that Office as Richard Scroope Knight created Lord of Boulton and Michael de la Poolâ— created Earle of Suffolk in the time of Rich. the 2. Sometimes they were the Sonnes of Noblemen and Princes children as Henry â—eauford sonne of John of Caunt c. in the time of Hen the 4. Sometimes of base and meane parentage as Wolsey Cardinall c. Sometimes Archbishops and Clerkes were ordained Chancellors whereof the first Archbishop was Walter Hubert Archbishop of Canterbury in the time of King John to whom a Nobleman said in scorâ—e That he had often seen a Chancellor made a Bishop but he never before saw an Archbishop made a Chancellor where of is to be noted that many of the former Chancellors were not Bishops when they were elected to that Office but afterwards promoted to their Bishopricks upon which promotions many of them did yeeld and surrender up their Authority of Chancellors and to this purpose maketh the testimony of Thomas Walsingham who writeth
CERTAINE OBSERVATIONS Concerning the Office of the Lord Chancellor Composed by the Right Honorable and most Learned Thomas Lord Ellesmere late Lord CHANCELLOR of ENGLAND Whereunto is annexed a perfect Table and a Methodicall Analysis of the whole Treatise LONDON Printed for Matthew VValbanck at Grayes-Inne Gate for Henry Twyford in Vine Court Middle Temple and Iohn Place at Furnivalls Inne Gate 1651. TO THE READER Courteous Reader SOme yeares past the Copy of this Treatise was delivered unto me by John Harding late of Grayes Inne Esquire deceased and one of the Readers of that Honourable Society and by him then affirmed to be composed by the Right Honourable and most learned Thomas Lord Ellesmere Lord Chancellor of England of whose great and eminent abilities I dare not presume to speake being so unable and unworthy to be a judge of and the rather I am confident no man will be so hardy as to detract from the memory of so famous a Statesman A Perfect Table of the most notable matters contained in the first Part of this Treatise CHancellor his name in severall Languages Page 1. His Antiquity and Authority here and in other forain Nations 3 4 c. His name and office in France from the time of Charls the Great 8. And in England from the time of Edward the Confessor 12 13 c. Cancillarii Regis and Cancellarii Regâ—i 14. Symon the Norman the first sole Keeper of the Great Seal about 23 H 3. ibid. Sometimes there were two Keepers and sometimes three 15. Chancellor and his Election of divers sorts and of divers degrees ib. 18 19 Chancellor chief Iustice and Treasurer their Election belongeth to the Parliament 16. Patents of the office and their severall formes 16 17. Chancery the nature and orginall thereof 21. Chancellor his ordinary Authority when it began 26 27. Much inlarged by 36 E. 3. 28 His absolute power whereupon it was grounded ibi Error there reversable only in Parl. 30. No prejudice for mis-pleading there or default of form ibid. Processe is a Subpoena and the order of Proceeding in the Court 31 The Iudge of the Court 31. How the Seale is to be ordered 32. The form and fashion thereof 33. The Assistants to the Lord Chancellor 36 Master of the Rols ibid. The Officers of the Court 37 38 c. And their privilege 40. The manner of proceeding and the matter of the subject from 44 to 120. See in the end of this Treatise an exact Summary or Analysis of the whole booke most methodically composed by the Author thereof These bookes following are Printed and to be sold for Mathew Walbanck at Grays Inne Gate for Henry Twyford in Vine Court middle Temple and John Place at Furnivals Inne Gate 1651. PErfect Convveyancer Mirror Iustice Abridgment of Lord Cokes Reports Abridgment of Lord Dyers Reports Abridgment of Plowdens Reports Perkins Law English Actions Slander Marches Reports History of Normans both parts Parsons Law Privilege of Parliaments Young Clerkes Guide Collins Iustice of Peace Pauls Progresse Attorney Common-pleas Attorneys Accademy Tearms of the Law Fathers Legacy Compleat Parson Book of Oathes Habeas Corpus Womans Lawyer Liberty Subject Wards and Liveries Wilkinsons Sheriff Derhams Manuel Letter Writer Amends for Ladies Bancrofts Epigrams English Grammer Lee Caesar Mr. Williams in Pauls Church yard sells them Thorps charge Edgars charge Books sold by W. Lee M. Walbanck D. Pakeman G. Bedell Touchstone of common assurances by William Shepheard Esquire Fleta corrected and enlarged by Io Selden Esquire Three Readings One by Sir Iames Dyer one by Sir Iohn Bregrave one by Thomas Risden Esquire Books sold by Iohn Place Transactions of the high Court of Chancery ' both by practice and president with fees and speciall orders in extraordinary cases by Wil. Tothill Esq and revived by Sir Robert Holborn late Bencher of Lincolns Inne Clarastella with pious occasional Elegies Epigrams and Satyres by Robert Heath Esq Vade mecum being the substance of all Statutes usefull for a Justice of Peace by Val. Young Esquire Certaine OBSERVATIONS concerning the Office of the Lord CHANCELLOR HAVING ENDEAVOVRED for duties sake some what to consider the nature of this high Place Dignity for two causes chiefly I was much discouraged For neither could I remember any man in this kinde of discourse to have bin imployed Neither any Iudge or Potentate with whom this Magistrate may be compared and herein the more I searched the more I found my selfe confounded IN THE Eighth Chapter of the Second of Samuel Jehosaphat the Sonne of Ahâ—lud the Chancellor among the Hebrewes as the second of David his chiefe Officers is termed Mazur in he Greeke Ananinnescoon by Tremelius and Jâ—aius translated a Memoria or Monitor by the Spaniard Chanciller which is all one with Cancellarius or a Comentarijs by the Italian Seritor de le Cose Fatte in the Duch Cantzfeâ— in the French Chroniqueur and in our English Translation a Recorder In the fift place is called Serayah and he is called Sopher which in all the aforesaid Translations is tearmed Scriba or Secâ—etarius saving that the Italian doth name him Cancellario Sebastian Munster conceiveth Mazur to be a Comentarius and he was ordeined saith he to be the principall Master to note such things as were worthy of remembrance or as Solomon saith his Office consisted in this point to report the actions of old time unto the King and Sopher was appointed to Record them Herewith agreeth for the signification of the words the twentieth of the same Booke of Samuel and the fourth Chapter of the first of the Kings But whether the Lord Chancellor of England as now he is may be properly termed Sopher or Mazur it may receive some needlesse question howbeit it cannot be doubted but his Office doth participate of both their Functions being by William the Conquer our appointed Magister Collegij Scribabarum by the same King instituted in the third yeare of his Raigne as writeth Polydore and likewise having had the keeping of the Rolls of Records as Bracton witnesseth either at the same time that the Common place was erected which was about the ninth yeare of Henry the third or not long after But something more neer to our name of Chancellor I finde the Hebrew word Kinkall in Greek Knilizo and in Latine Cancello whereof cometh Kankill in Greek Knilis and in Latine Cancellus and thereof not unproperly Cancellarius as he sâ—teth intra Cancellos legis viz. Conscientiae or otherwise a Cancellando as shall be afterwards touched Notwithstanding for that I finde the word Mazur better avowed than this latter and I do not remember much mention to be made of any great Officer among the Grecians neere sounding to Kniklum I will content my selfe with the former name only of the Hâ—bricians without further consideration of his Authority in Jury notwithstanding with this observation that long time before this Monarchy of the Hebrewes a speciall privilege of Jurisdiction in
Patent by them signed and also with the Masters of Requests which have the oversight and admitment of all such Writs and Patents as are to be sealed and moreover in every Parliament of France there is by the King of France established a Chancery wherein is placed a Keeper of the Seale a certaine number of Secretaryes as in the former which are said subscripti in sublevamen Cancellarij propter multitudinem negotiorum in Cancellaria Curia Regis affluentium and likewise as are in the Great Chancery there is one Audiencer one Comptroler and one Referendary or Recorder The Chancellor if he doe exercise his Office hath for wages by the yeare eighteen thousand French livers and having a Keeper of the Seale substituted he received twelve thousand Livers and six thousand Livers are assigned unto him principally for the entertainment of the Masters of Requests which do ordinarily dyne at the Lord Chancelors Table in their turne of quarters he hath also besides his wages many other rights and duties as at the entry of Kings into Cityes he hath a garment of cloth of Gold and yearly he hath certain Elles of Velvet a certain number of lights and an allowance of Wax the Chancellor ought not nor may not passe any writing under Seale contrary to the deliberation and determination of the Privy Councell neither whereof any doubt is moved by any Master of Requests of the household but he ought to send the same to the Councell for a resolution Of those which have accesse to the Seal we may place in order next to the Chancellor the Master of Requests which are appointed him for surveyors and examiners of such writings as passe the Seale especially of Patents and Commissions and all other persons whatsoever are forbidden to enter at Sealing time saving the Kings Secretaries the Audiencers the Comptroller the Procurator Generall which is ordained in the said Chancery and the Câ—afewax By this appeareth the name and some part of the Office of the Chancellor of France to be given by Chaâ—lemain more than one hundred years before the time of Edward the Confessor in whose dayes began the name of our English Chancellors according to the assertion of Florentius Wigornensis for that the aforesaid Edward having spent a great part of his Age in Normandy was the first that brought the use of the Seale from thence and with it the name of him that had the charge thereof and that is the Chancellor in whom Leafricies the Britain is named the first Chancellor But saving correction I must be of that opinion of the Normans we did not learn our manner of sealing not onely for that I have seen the Copies of our Kings Patents before those dayes with Ego Iâ—a Ego Aluredus c. subsignavi which indeed may be al one with subscripsi according to 40th Law in the Digests lib 50. But surely I have either seen the very points of the Saxony Danish Seale or else they were counterfeit to no profitable purpose Let other men give what credit they will to the collection of Chancellors by Mr. Thinne in the new addition to Mr. Hollinsteeds Chronicle lately Published For my owne part I am neither of experience nor judgment to impugne it But under the authority of allowable writers I shall set downe and that shortly what I have gathered in so few daies as I have therein bestowed of the present estate of our Modern Chancellor and herein some particulars of the Court of Chancery and first in mine opinion he is the same Chancellor that was Rembaldus to holy Edward and Mauritius to William the Conquerour whose office was to make and seale the instruments that passed from the Prince as writeth Lupanus and as for the former mentioned Chancellors before this time they seem more kindly cheif Secretaries than to exercize the present Office of Chancellors For howsoever I am induced probably to conjecture that before Edward the Confessor there was use of Sealing as I have said so have I no warrant to allege for a great Seale of the King to passe the Instruments whereof the charge was committed to the Chancellors the which as I take it may be reputed the originall of his office and this his originall office was not altered by the aforesaid Conqueror in the erection of the College of Scribes or notaries neither his name changed as I conceive the words of Pollydore where he saith that Ejus Collegij Magistrum vocavit Cancel larium qui paulatim supremus effectuâ— magistratus of qualis hodie habetur But I suppose that authority was also given him by sealing and making certain Writs originalls the forme whereof was for the most part produced out of Normandy but not the granting of all originalls because that by Glanvill it is affirmed that many of them did beare Teste of himself viz. Ranulpho Ganvilla who was chief Justice many yeares after and this by the way is to be remembred that in the name of Chancellor our ancient Histories may easily deceive us for some were called Cancellarij Regis and others Cancellarij Regni and of those which had this great Seaâ— of the K. in their charge and custody Some were termed Chancellors and Seale bearers also that had no partakers of their office such a one was the same Rembaldo to the aforesaid Edward and many others some were Keepers of the Great Seale and that solely Qâ—i Custodiam sigilli Regli acciperent Cancellarii vices acturi officium c. as saith Mathew Paris of John Maunsell although there may be perceived some small difference betweene a Keeper of the grev Seale and a Vice Chancellor for of Vice-Chancellors also I finde two sorts the one as I take it exercising the Office of a Chancellor in matters of Justice and such a one was Malus Catulus in the time of Richard the First another which was chiefe Secretary as it seemed unto the Chancellor to write the Patent of the Prince and such a one was Sywardus whose name I have seen subscribed to a Charter of Edward the Consessor Ego Sywardus Notorius ad vicem Rambaldi Regis Dignitatis Concellarij subscripsi The first sole Keeper of the Great Seale I take to be Symon the Noâ—man who had the Seal delivered unto him in the 23d year of the Raigne of King Hen. 3d. and shortly after also taken from him againe when he was also banished the Court for that he would not seale the Patent whereby Thomas Earl of Flanders might aske 4d for every sack of Wool that went out of England into Flanders But that the Authority of the Lord Keeper was beforetime some way inferiour to the Authority of the Chanceller that may seem by the Act of Parliament which was made Anno 5 Eltz that did equall the power of the one with the other sometimes also the Chancellor of England had a Keeper of the seale subscribed to him and so was Ranulphus the Chancellor and Richard the Chaplaine keeper
If any Feoffee upon trust infeoff a stranger and do sâ—ll the lâ—nd to him for money yet if he give knowledge unto the stranger that he himself 〈◊〉 iâ—â—â—ely upon trust I may compell the stronger by suâ—â—oena to perform my VVill 5 E. 4. 76. Feofments aâ— use 32. sub poena 2. 16 If Tenant in Burgh English infeoff one to the use of the Feoffor and his heirs the youngest son shall have a sub poen to recover the land but not the eldest 5 E. 4. 7. 6. Feofments al use 32. sub poena 2. 17 If one seized of land which is descended unto him from his mother do make a Feofment upon trust and then die without issue the heir by the mothers side shall have a sub p. to recover the land not the heir by the fathers side 5 E. 4. 7. b. Feofments al use 32. sub poena 2. 18 If a Tenant in tail the remainder being a stranger do make a Feofment to his use and die without issue having declared his Will the sub poena belongeth to such person as is limited by his VVill and not to him that hath the remainder but if he have declared no VVill then he in the remainder should have had the sub poena quaere E. 5. 47 sub poena 26. Feofm al use 32. But Brook thinketh that he in the remainder shall have no sub poena in neither case because he may have his remedy at the common Law 19 If the Husband and the VVife be seized in the right of the VVife and the Husband make a Feofment although he declare no VVill yet the VVife shall not have the sub poena because as Brook thinketh 20 VVhen a Feofment is made without any consideration and no use expressed the Feofment shall be intended to be to the use of the Feoffor and his heirs and also the VVife may have her cui in vita by the common Law 5 E. 4. 76. Feofments al uses 32. sub poena 21 If a man have issue a Son and a Daughter by one Wife and a Daughter by another Wife and maketh a Feofmeut to his use and dieth if the Son do take the profits and die his Sister by the whole Bloud shall have the land by sub poena and the other suffer nothing because the rule that Possessio fratris de feod simplici fecit sororem esse haeredem doth extend to uses as well as to lands 5 E. 4. 7. sub poena 3. b. Feofment al uses 33. b. discent 36. Com. 4 E. 6. 58. per Mountague capit Justic. de communi banco and if the Father had devised his land to a stranger this would have been no possessio fratris because the freehold of the use was in the stranger but if he had devised it only for years it would have been a good possessio fratris 5. E. 4. 7. sub poena 36. Consc. 12. by descent 22 If I. S. make a Feofment in trust and be afterwards attainted of Felony the lord of whom the land is holden shall not have the sub poena by Escheat 5 E. 4. 7. B. Feofment al use 34. 23 Note that the King cannot be infeoffed to any other mans use although it be so expressed neither doth any sub poena lie against him but the Feofment is good and the limitation of the use void per Markham Brian capit Iustic. 5 E. 4. 7. 7 E. 4. 17. Office 2. 24 One being infeoffed to the use of a Woman she took a Husband and the Husband sold the land to a stranger and the Woman received the money and the Feoffee at their request infeoffed the stranger the Husband died and the Wife brought a sub poena against the Feoffee who shewed the matter and the Wife demurred Starkie Apprentice if the Husband make a Feofment of the Wives land she shall avoid it by a cui in viâ—a and so if the Husband do sell the VVives use in the land this Sale shall in conscience be said the Sale of her Husband alone and not of them both and therefore the sub poena doth lie which saying was affirmed of all the Justices of both the Benches and the Chancellor said that all which a VVoman Covert doth shall be esteemed to be done for fear of her Husband and the receipt of the money by her is not material because she cannot have the free disposition thereof and the Complaintiff prayed that the Defendant might be committed unto Prison untill he made satisfaction and the Chancellor said that the Complaintiff might have a sub poena against the stranger which bought the land but Yelverton said that she might have a sub poena if the stranger had knowledge of the wrong and deceit done to her but otherwise not The Chancellor answered that the stranger knew well that she was a VVoman Covert in cam Scacc. 7 E 4. 14. Sub poena 3. B. consc. 13. b. Feofm al use 4. 25 Note that a Feoffee of trust is bound by conscience to plead all Pleas and to maintain such actions for the land as the Feoffor will have him but it shall be at the Feoffees charge per omnes Justic. but it is doubtfull whether the Feoffees be compellable to plead dilatory Pleas 7 E. 4. 29. sub poena 9. br Feofments al uses 38. 6. consc. 27. 26 Note that Coke Justice said that he sued once a sub poena against the heirs of a Feoffee upon trust and the matter was long debated and the opinion of the Chancellor and of the Justices was that the sub poena did not lie against the Heiâ— whereby he was put to exhibit his Bill in the Parlament 8 E. 4. 6. sub poena 8. B. consc. 16. Note that it must be intended that the Heir had not the land but that the land was sold before by the Feoffee to a stranger for if the Heir had the Land he is liable to the trust as well as the Feoffee 27 If I do lend money to I. S. and he infeoffeth me of his Lands and it is agreed that I shall take the profits thereof untill he have payed me if I. S. do pay the money or tender it unto me and I refuse to re-infeoff him he may compell me by the sub poena per Pigoâ— Ser jeant 9 E. 4. 25. Bar. 100. 28 It was holden in the Chancery that if any Feoffee upon trust do infeoff any other which knoweth of the trust I may have a sub poena against them both but if a stranger knowing the trust had done a Treâ—passe upon any Feoffee I might compell my Feoffee by sub poena to sue him and to recover Damages I shall have no sub poena against the Trespassor but onely against my Feoffer because he might lawfully procure his own discharge but the Reporter thinketh that the Trespassor
Kings obedience or else in amity with the King and not the Kings Enemy for if the taker were the Kings Enemy and robbed the Complaintiff being the Kings Friend yet those Goods being come to English mens hands shall not be restored Quia non est depredatio sed legalis captio prout inimicus capit super immicum in camera stellata 2 R. 3. 2. 6. Denisen 8. CHAP. VIII Certain Statutes giving special Power to the Lord Chancellour 1. IN every original Writ of Action personal Appeals and Indictments in which the Exigent shall be awarded to the names of the Defendants addition shall be made to their Estate Degree or Mystery and the Town Hamlets or places and the Countries in which they were or be conversant and the Clerks under whose names such Writs shall go forth written shall not leave out the Additions upon pain to be punished and to make Fine to the King by discretion of the Chancellor stat de Anno 1 H. 5. cap. 5. Additions 2 If any person make Complaint duly in the Chancery that any Murthers Man-slaughters Assemblies of people in great number in manner of Insurrections and Rebellions Routs is or be fled and with-drawn in Woods secret or unknown places or elsewhere to the intent to avoid the execution of the Law upon such Complaint a Biâ—l shall be sufficiently made for the King and the Chancellor after such Bill to him delivered if he may be duly informed that such Bill containeth truth shall have power according to his discretion to make a Writ of Capias at the Kings sute to the Sheriff where the Offences are supposed to be done ret. in Chanc. then they shal be put in Award or Mainprise after the discretion of the Chancellor and moreover he shall send to inquire of such Offences and upon that shall be done as the Law requireth and if the parties stand out then a Proclamation shall be awarded ret. in the Kings Bench and upon Default they shall stand convict and attainted stat Anno 2 H. 5. cap. 9. Riots 5. This statute is made perpetual and it is enacted that the Capias shall not be awarded unlesse it be witnessed by two Witnesses of peace of the County where such Riots be supposed that the common voice and tame is of the same Riots stat Anno 8 H. 6. cap. 14. Riots 3 If any person be hurt or grieved in any thing that the Justices of peace may hear determine or execute in any wise he is commanded to make Complaint to the Justices that dwell next to him or to any of his fellows and desire a remedy and if he have then no remedy if it be nigh such times as the Justices of Assize come into that Shire that he then shew his Complaint to the same Justices and if he then have no remedy or if the Complaint be made long before the eoming of the Justices of Assize and then he so grieved come unto the King or to his Chancellor and shew his Grief and the King shall send for the said Justices to know the cause why his Subjects be not eased and his Laws executed and if he finde any of them in Default of executing of his Laws in the Premises he shall cause him so offending to be put out of the Commission and to be punished according to his demerits stat Anno 4 H. 7. cap. 12. Proclam 3. 4 Poor people having cause of Action against any person shall have by the discretion of the Chancellor Writs Original and Writs of sub poena therefore paying nothing to the Queen for the Seals nor to any person for the writing of them and the Chancellour shall assigne Clerks to write the same and also learned Counsel and Attouâ—nies for the same without any reward to the King thereof stat Anno 11 H. 7. cap. 12. Poor People 5 If any Farmer of any lands belonging to the reparation of Rochester Bridg do not like to give for a new Lease as another will then he shall have for his hettering or building such Recompence as shall be thought reasonable by Agreement between the Wardens and Assistants and him and in Default of their Grievances such as shall be thought meet by the Chancellor or Treasurer stat Anno 18 Eliz. cap. 17. Bridges 2. A statute was made concerning the exercise of Trades by strangers Deni sens in Anno 14 H. 8. cap. 2. and there was a Decree and an Act made that search should be made by all strangers being Artificers and Housâ—â—lders for Offences against that statute and if they refuse and the same proved before the Chancellor or before the chief persons of such Cities or Town the Refuser shall use no longer his Occupation stat Anno 21 H. 8. cap. 6. Aliens 4. 6 If any person falsly or deceitfully obtain into his hands or possession any Money Goods Chattels Jewels or other things of any other person by colour or means of any false token or counterfeit Letter made in any other mans name the Offender being convict by Witnesse taken before the Lord Chancellor or by Examination of Witnesses or by Confession taken in the Star-chamber before the Counsel or before the Justices of Assize in their Circuits or before the Justices of P. in their General Sessions or by Action in any Court of Record shal have such correction punishment by Imprisonment of his Body setting upon the Pillory or otherwise by corporal pain except pains of Death as shall be appointed by the person before whom he shall be convict stat 33 H. 8. cap. 1. If any variance arise in London about the payment of Tithes and upon a Complaint made to the Maior he not end the same within two moneths or if any of the parties themselves grieved then the Chancellor upon a Complaint to him made within three moneths next following shall make an end of the same with such Costs to be awarded as shall be thought convenient stat Anno 37 H. 8. cap. 12. Tithes 9. CHAP. IX Certain Statutes giving special Power absolute to the Lord Chancellour jointly to others THe Chancellor and Treasurer taking to them Justices and other of the Kings Counsell such as to them shall seem meet shall have power to ordain remedy for the buying of Stockfish and Botulph and Salmon of Barwick and 〈◊〉 Bristrâ—â—â— and elsewhere to the intent that the King and the people may the better be served and have better markets than they have had before this time and that the ordinances by them made in this party be sirmly holden Stat. de Callice 31 E. 3. cap. 5. Fishers 4. 2. No Master Wardens and Fellowships of Crafts or Mysteries nor any rulers of Guilds or Fraternities take upon them to make any ordinances or to execute any acts by them heretofore made in disheritance or diminution of the Prerogative of the King nor of any other nor against the common