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 〈◊〉 Chester Leverpool or Wire-water ☞ 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
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 ☞ 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 ☞ 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 ☞ 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. ◠E. 2. The privilege of the Church being demanded
Ceremonies or Rites of the Church by mis-using the Orders appointed in the Book of Common-Prayer the Queen by like advice of the said Commissioners or Metropolitan may ordain such further Ceremonies or Rites as may be most for Gods glory the edifying of the Church and reverence of Christs holy Ministeries and Sacraments XXX All other Laws made for other service shall be void XXXI Stat. 5 El. 28. An Act for translating of the Bible and Book of Common-Prayer into the Welsh Tongue Also there shall be an English Bible and Book of Common Prayer in every Church of Wales XXXII Stat. 3 Jac. 1. All Ministers in every Cathedral and Parish Church or other usual place for Common Prayer within the Kings Dominions shall alwayes upon the fifth day of November say morning Prayer and give thanks to God for the happy deliverance of the King Queen Prince and both Houses of Parliament upon that day XXXIII Every person within the Kings Dominions shall alwayes upon that day diligently resort to his Parish Church or Chappel or to some usual Church or Chappel where the said Common Prayer Preaching and other service of God shall be used and there orderly abide during the said solemnity XXXIV Every Minister shall give warning publickly in the Church at morning Prayer the Sunday before every such fifth of November for the due observation of the said day and after morning Prayer or Preaching upon the said fifth day of November shall read publickly and distinctly this present Act. See more Title Religion Severn I. Stat. 34. 35 H. 8.9 A penalty for casting any Ballast or Robul in King-rode in any part of the Haven in Bristol II. None shall load any Corn in any Vessel by the water of Severn to be transported beyond Sea before he be bound to the Customer of Bristol to bring it first to Bristol to be there viewed by the Mayor there for the time being in pain to forfeit both the grain and Vessel III. The penalty where one bringeth more Corn to Bristol to be measured and thence to be transported then is contained in his Cocket or License which is to be delivered unto him by the said Mayor when he takes bond of him as aforesaid IV. The penalty for denying to measure the Corn at Bristol is five pounds for every time to be divided betwixt the King and the prosecutor See the Statute at large ☞ Sewers I. Stat. 6 H. 6.5 During ten years several Commissions of Sewers shall be made to divers persons by the Chancellor of England to be sent into all parts of the Realm where need shall be according to the form in the said Statute expressed for which see the Statute at large being here omitted because a latter Commission was afterwards ordained by the Statute of 23 H. 8.5 which see after in the proper place II. Stat. 8 H. 6.3 Commissioners of Sewers shall have power to do ordain and execute all such Statutes Ordinances and other things as shall be made according to the effect and purport of the Commission of Sewers ordained by the Statute of 6 H. 6.5 III. Stat. 18 H. 6.10 Commission of Sewers shall be awarded where need shall require during ten years IV. Stat. 23 H. 6.9 The Chancellor of England may grant Commissions of Sewers during fifteen years V. Stat. 12 E. 4.6 The Chancellor of England may grant Commissions of Sewers for 15 years where need shall require VI. Stat. 4 H. 7.1 Commissions of Sewers shall be granted during 25 years VII Stat. 6 H. 8.10 Commissions of Sewers shall be granted during ten years according to the Statute of 6 H. 6.5 and 4 H. 7.1 VIII Stat. 23 H. 8.5 Commissions of Sewers shall be directed into all parts of the Realm from time to time where and when need shall require according to the manner form and tenor hereafter following to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices or any three of them whereof the Lord Chancellor is to be one IX Henry the eighth c. Know ye that forasmuch as the walls ditches banks gutters Sewers Gates Calcies Bridges streams and other defences by the Coasts of the Sea and Marsh-ground being and lying within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by rage of the Sea flowing and re-flowing and by means of the trenches of fresh water descending and having course by divers wayes to the Sea be so dirupt lacerate and broken And also the common passages of Ships Ballengers and Boats in the rivers streams and other floods within the limits of A. B. and C. in the County or Counties of 〈…〉 or in the borders or confines of the same by mean of setting up erecting and making streams mills bridges ponds fishgarths mill-dams locks habbing-wears hecks flood-gates or other lets impediments or annoyances be letted or interrupted so that great and inestimable damago for default of reparation of the said Walls Ditches Banks Fences Sewers Gates Gutters Calcies Bridges and streams and also by mean of setting up and erecting making and enlarging of the said fish-garths mill-dams locks hebbing-wears hecks flood-gates and other annoyances in times past hath happened and yet is to be feared that far greater hurt loss and damage is like to ensue unless that speedy remedy be provided in that behalf X. We therefore for that by reason of our Dignity and Prerogative Royal we be bound to provide for the safety and preservation of our Realm of England willing that speedy remedy be had in the premisses have assigned you and six of you of the which we will that A. B. and C. shall be three to be our Justices to survey the said Walls Streams Ditches Banks Gutters Sewers Gates Calcies Bridges Trenches Mills Mill-dams Flood-gates Ponds Locks Hebbing-wears and other impediments lets and annoyances aforesaid and the same cause to be made corrected repaired amended put down or reformed as cause shall require after your wisdomes and discretions And therein as well to ordain and do after the tenor form and effect of all and singular the Statutes and Ordinances made before the first day of March in the three and twentieth year of Our Reign touching the premisses or any of them as also to enquire by the oaths of the honest and lawful men of the said Shire or Shires place or places where such defaults or annoyances be as well within Liberties as without by whom the truth may the rather be known through whose default the said hurts and damages have happened and who hath or holdeth any lands or tenements or common of Pasture or profit of fishing or hath or may have any hurt loss or disadvantage by any manner of means in the said places as well near to the said dangers lets and impediments as inhabiting or dwelling thereabouts by the said walls ditches banks gutters gates sewers trenches and
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
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 ☞ 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
how the Jurors shall be dealt with 26 H. 8.4 6. all persons shall pass quietly through Wales 27 H. 8.7 the division of Wales into Counties c. 27 H. 8.26 34 35 H. 8.26 Page 590 ad 610 Justices of the Circuits in Wales by whom to be appointed 18 Eliz. 8. the proceedings there 27 El. 9. Page 610 611 612 Walsingham made Copyhold 35 H. 8.13 Page 612 Wapping-Marsh Partition thereof 35 H. 8.9 Page 612 Wards who shall be a Ward where the King shall have a Wardship and where not Magna Charta 3.6.27 Ward may not marry without licence Merton 6.7 20 H. 3. Page 613 Severall customs of Wardship Merton 7. Marlb 7.17 West 1.21 22. West 2.35 Stat. of Wards and reliefs 28 E. 1. Praerog Reg. 1.2.6 14 E. 3. Stat. 1.13 39 H. 6.2 4 H. 7.17 32 H. 8.46 33 H. 8.22 18 El. 13. Page 613 ad 619 Wares several wares that being ready wrought may not be imported 5 Eliz. 7. Page 619 Warranty who bound thereto Stat. of Bigamy 6. 4 E. 1. Glocester 3. 6 E. 1. ibid. Warr those who follow the King in his Warrs are to be paid by him and who are bound to follow him 1 Ed. 3.7 18 Edw. 3.7 25 Edw. 3. Stat. 5.8 4 H. 4.13 11 H. 7.18 16 17 Car. 2. cap. 3 4 5 9 13. Page 620 621 Waste what shall be accounted Waste and how amends shall be made for the same Magna Charta 4 5. Marlb 23. Glocester 5 6. West 2.14 22. Statute of Waste Artic. super Cart. 11 H. 65. p. 621 622 Wax who may be a Wax-Chandler and how he must sell his ware without deceitful mixture and after search 11 H. 6.12 23 Eliz. 8. Page 623 624 Weights and Measures must be one through England Magna Charta 25. Assisa Panis Cervitiae 41 H. 3. a Table thereof 25 Edw. 3.9 10. Stat. Stap. 27. 13 R. 2.9 15 R. 2.4 16 R. 2.3 1 Hen. 5.10 8 Hen. 6.5 7 Hen. 7.4 11 Hen. 7.4 pag. 628 638 White ashes not to be Exported 2 3 E. 6.26 pag. 638 Whitegate in Cheshire made a Parish Church 33 H. 8.32 Page 639 Wilde-fowl may not be destroyed 25 H. 8.11 ibid. Wills who may make a Will and what may be devised therein Merton 2. 32 H. 8.1 34 35 H. 8.5 Page 639 ad 644 Wines All Wines must be sold by the assize and at a reasonable rate Glocest 15. 4 E. 3.12 Page 644 None may forestall Wines c. 27 E. 3. Stat. 1. cap. 3 6 7. 38 E. 3.11 Page 645 Who shall set the prices of Wines 28 H. 8.14 37 H. 8.23 Page 645 646 Who may sell Wines and by what Licence 7 Ed. 6.5 and how many must be licenced in England 12 Car. 2. cap. 15. Page 645 646 647 Witness how a witness shall be forced to appear and the penalty for non-appearance 12 E. 2.2 5 El. 9. Page 648 649 Wood Woods and Under-woods at what age they shall be felled and what left 35 H. 8.17 Page 649 650 What wood may be converted to fuel for the making of Iron 1 El. 15. 13 El. 25. 23 Eliz. 5. 27 El. 19. 15 Car. 2. cap. 2. Stat. 3. Page 651 ad 654 Wood who may buy sell or transport Wooll 28 Ed. 3. Stat. 2 3. Stat. Stap. cap. 12. 31 E. 3.2 8 9. 36 E. 3.11 45 E. 3.4 13 R. 2.9 8 H. 6.22 14 Hen. 6.5 23 H. 8.17 37 H. 8.15 1 Ed. 6.6 2 3 P. M. 13. 12 Car. 2. cap. 32. Page 654 ad 658 Widow what she shall have after her husbands death Magna Charta 7. Praerog Reg. 4. 17 Ed. 2. pag. 658 Woman the punishment of those that cheat or steal a Woman or Maid and their relief 31 H. 6.9 4 5 P. M. 8. Page 677 678 Worsted-Weavers may choose Wardens and when and what power they have to search the lengths c. of every Piece and how it shall be wrougbt 7 E. 4.1 11 H. 7.11 5 H. 8.4 14 15 H. 8.3 25 H. 8.5 May take Apprentices and how many 12 H. 7.1 pag. 22 678 679 680 Wreck what shall be a Wreck and who shall have it West 14. 3 Edw. 1. Praerog Reg. 11. 17 Edw. 2. Page 680 Writs and abatement of Writs where and when they shall abate West 2.24 49. 6 R. 2. Stat. 1 2. p. 680 681 Y. YArn not to be Exported 8 H. 6.23 Page 681 York Letters Patents to Citizens there to exempt them from Office shall be void 29 H. 6.3 ibid. Coverlets may be made in York and must be sold there only 34 35 H. 8.10 ibid. AN EXACT ABRIDGMENT OF ALL STATUTES In Force and Vse untill the Second of March in the 17th Year of King Charles II. An. Do. 1664. Ability and Non-ability I. Stat. ARticuli Cleri Cap. 13. Anno 9 E. 2. The examination of a person presented to a Benefice belongeth to the Ecclesiastical Judge II. Stat. 25 E. 3. Stat. 2. De natis ultra mare The King's children are inheritable in England wheresoever born III. Subjects children born beyond Sea are also inheritable so that their parents at the time of their birth were within the King's Allegiance and that the mother went beyond sea with her husband's consent IV. If Bastardy be alledged against any born beyond Sea the Certificate shall be made by the Bishop of the place where the land demanded lieth V. Stat. 42 E. 3.10 Children born beyond Sea in the King's Dominions shall be inheritable in England VI. Stat. 31 H. 8.6 Religious pesions professed in Corporations feised by the King shall be enabled to inherit purchase sue and to be sued and also to have and enjoy any matter or thing which shall accrue unto them since their deraignment but shall not sue for any former right descended unto them VII Religious persons being Priests or that have vowed Religion at 21 years of age shall not marry VIII Stat. 33 H. 8.29 Religious persons professed in Corporations translated from one kind to another shall be enabled to inherit purchase sue and be sued c. as well as in those seised by the King IX Stat. 5. 6 E. 6.13 Religious persons shall be adjudged inheritable to their Ancestors onely from the time of their deraignment but not by reason of any former right accrued before such deraignment X. Stat. 16 17 Car. 27. An Act for disabling all persons in holy Orders to exercise any temporal jurisdiction or authority Repealed 13 Car. 2. ca. 2. Accounts I. Stat. Marlebridge Cap. 23. 52 H. 3. Bailiffs of Lords who withdraw themselves from accounting and have not whereof to be distrained shall be attached by the Sheriff and made to account II. Stat. West 2. Cap. 11. 13 E. 1. Servants Bailiffs or other Accountants that are found in arrearages by Auditors assigned by their Masters upon the testimony of the same Auditors shall be committed to the next Gaol and there remain in iron under safe custody at their own costs until they shall have satisfied their Masters III. Here
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 Penteâ—ost 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
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
a year and a day after the fact IV. West 2.12 13 E. 1. Upon a false appeal by malice the Appellor shall suffer a year's imprisonment make fine to the King and recompence dammages to the Appellant at the discretion of the Justices V. When the Appealor is not able to satisfie dammages and an Abettor through malice is also found by the same Inquest such Abettor shall also be punished by imprisonment and restitution of dammages as before VI. Articult Cleri ca. 10. 9 E. 2. Thieves and Appealors whensoever they will may confess their offences to Priests but let the Confessors beware that they inform them not erroneously VII Stat. of Appeals 28 E. 1. When any are appealed by provers the Sheriff shall by the King 's Writ under the testimony of the Justices that delivered those provers bring such appealees to the Gaols where the provers or appealors are kept to answer before the same Justices and if the Appealees will be tried by the Country the Sheriff shall also by a judicial Writ from the same Justices cause an Inquest to appear VIII The Sheriff and others in whose custody such Appealors are kept shall receive such Appealees without contradiction IX Stat. 1 H. 4.14 All appeals of things done within the Realm shall be tried by the laws thereof and of those done out of the Realm by the Constable and Marshal of England for the time being Appeals to Rome * I. Stat. 24 H. 8.12 All causes testamentary and of Matrimony divorces rights of tithes oblations and obventions shall be adjudged within the King's Authority and not elsewhere II. The Prelates of this Realm may execute all Sacraments Sacramentals Divine Service and all other things to the King's subjects which they ought to doe notwithstanding any-appeal to Rome or any other forein power whatsoever III. If any spiritual person for fear of any forein power shall refuse so to doe he shall make fine and ransom at the King's pleasure IV. Whosoever procureth from the See of Rome or any other forein Court any appeals process sentences c. shall incurr a Praemunire provided by the Statute of 16 R. 2.5 which see in Proviso 8. V. Appeals in cases Ecclesiastical shall be sued from the Archdeacon or his Official to the Bishop Diocesan and when the cause is commenced before the Bishop Diocesan or his Commissary within 15 days after sentence an appeal may be made from thence to the respective Archbishop of the Province to be there definitively adjudged VI. When the cause is commenced before an Archdeacon of any Archbishop or his Commissary the appeal may be made within 15 days after sentence to the Court of Arches or audience of the same Archbishop and from the Arches or audience within 15 days after sentence there to the Archbishop himself to be finally determined without any farther appeal VII When the cause is commenced before the Archbishop himself it shall be there determined without any farther appeal saving to the Archbishop and Church of Canterbury the due prerogative heretofore used VIII When the cause or suit concerns the King the party grieved may within fifteen days after sentence appeal from any of the said Courts to the Prelates assembled by the King 's Writ in the Convocation being or next ensuing in the Province where the suit was begun and there it shall be finally-determined IX If any shall hereafter pursue any appeal contrary to this Act or shall refuse to obey it he shall incur a Praemunire Apprentice I. Stat. 12 H. 7.1 The makers of Worsteads Sayes and Stamins in Norfolk are enabled to take Apprentices and any person may also put Apprentices unto them so that they keep not above two Apprentices at most at one time Appropriations I. Stat. 15 R. 2.6 In every License made in Chancery of the Appropriation of any Church this shall be contained viz. That the Diocesan shall ordain according to the value of such Churches a convenient summ to be yearly distributed out of the profits thereof to the poor of the Parish by the appropriators and their successors for ever and also that the Vicar shall be sufficiently endowed II. Stat. 4 H. 4.12 The Statute of 15 R. 2.6 shall be duly executed and Appropriations made since that Statute contrary thereunto shall be reformed before Easter or else to be void except Haddenham in the Isle of Ely III. All Vicarages annexed or appropriated since 1 R. 2. shall be void IV. In every Church so appropriate a secular person shall be ordained Vicar canonically instituted and inducted in the same and conveniently endowed by the discretion of the Ordinary to doe Divine Service inform the people and keep hospitality there except Haddenham aforesaid and no Religious shall be hereafter made Vicar in any Church so appropriate Approvements I. Merton Cap. 4. 20 H. 3. Lords of Wastes or Commonable woods or pastures may approve against their Tenants part thereof so that they leave sufficient common besides together with free egress and regress to enjoy the same And the truth thereof shall be enquired by Assise wherein dammages shall be given to the Plaintiff if he recover and the disseisors shall be amercied II. West 2. cap. 46. 13 E. 1. The Statute of Merton shall not onely binde the Lords Tenants but neighbours also which claim common of Pasture as appurtenant to their Tenements but if any claim common by special seoffment or grant for a certain number of beasts or otherwise which is due to him of common right he shall recover the same according to the form of such grant III. By occasion of a Wind-mill Sheep-cote Dairy inlarging of a court necessary or courtilage none shall be grieved by Assise of Novel disseisin for common of Pasture IV. If any upon just title of approvement do make a ditch or hedg for that purpose which afterwards is thrown down by some who cannot be discovered by verdict of the Assise or Jury and the Towns adjoyning will not indite such as are guilty of the fact in such case the said Towns shall be distrained to level again such ditch or hedg at their own costs and shall also yield dammages V. Stat. 3 E. 6.3 The Statute of Merton cap. 4. and West 2. cap. 46. are confirmed VI. Upon Judgment for the Plaintiff in an Assise upon any branch of the said Statutes of Merton or West 2. the Court shall award treble dammages VII This Act shall not extend to houses heretofore built upon wastes or commons not having above 3 Acres of such waste or common-ground belonging to them nor to any Garden Orchard or Pond there not exceeding two Acres neither yet shall it cause any person to lose or forfeit any pain or dammage for the same but such houses and grounds shall still stand and remain howbeit the owners of such wastes or commons may lay open so much thereof as shall exceed three Acres VIII Stat. 43 El. 11. All Contracts or Bargains made of part of such wastes commons or
until the next Quarter-Sessions at which the more part of the Justices may allow him a pension which the Treasurers shall pay him quarterly until it shall be revoked or altered by the said Justices And this allowance to him that hath not born Offices shall not exceed 10 l. to an Officer under a Lievtenant 15 l. to a Lievtenant 20 l. XXX When Souldiers or Mariners arrive far from the place where they are to receive relief the Treasurers there shall give them relief and testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtained any allowance thereof from the said Muster-master or Receiver general of the Muster-rolls XXXI The Treasurers shall register their Receits and Disbursments and enter the names of the parties relieved and also the Certificate by warrant whereof the disbursments are made the Muster-master also or Receiver aforesaid shall register the names of the parties and the Certificates by him allowed and the Treasurer returning or not allowing the Muster-master's Certificates shall thereupon subscribe or endorse the cause of his disallowance XXXII Justices of Peace in Sess have power to fine a Treasurer that wilfully refuseth to give relief which any two of them appointed by the rest may levy by distress and sale of goods XXXIII A Souldier or Mariner that begs or counterfeits a Certificate shall suffer punishment as a common Rogue and shall lose his pension if he have any XXXIV The surplusage of this contribution shall be imployed by the more part of the Justices in Sessions upon charitable uses according to the statutes made for relief of the poor and punishment of Rogues XXXV In Corporations the Justices there shall put this Act in execution and not the Justices of the County and shall be liable to fines as well as other Justices if they misuse their power therein and shall appoint a Collector of this tax which shall have the power and be subject to the penalties limited by this Act to High-Constables of the Counties XXXVI The forfeitures accruing by this Act shall be imployed as the surplusage abovesaid or otherwise kept in augmentation of the stock as the more part of the Justices in Sessions shall direct XXXVII When out of the County where the party was prest a fit pension cannot be satisfied it shall be supplied by the Counties where he was born or where he last dwelt by the space of 3 years XXXVIII This Act shall not prohibit the City of London to make a tax if need require differing from that above limited so that no Parish pay above 3 s. weekly nor above or under 12 d. weekly one Parish with another XXXIX Stat. 13 Car. 2. ca. 6. The command and disposing of the Militia and 14 Car. 2. ca. 3. all the forces by Sea and land and Forts and places of Strength declared to be in the King and neither or both Houses of Parliament can or ought to pretend any power to levy war offensive or defensive against the King his Heirs or lawful Successors Provided this Act be not taken to extend to give or declare any power for transporting or compelling any of the subjects to march out of this Kingdom otherwise then by the Laws thereof ought to be done XL. Stat. 14. Car. 2. ca. 3. The same again declared and that the King his Heirs and Successors may issue forth Commissions of Lievtenancy for the several Counties and places of England and Wales and town of Berwick upon Tweed impowering them to call together persons and them to arm and form into Regiments and lead and conduct and employ them as his Majesty shall direct as well within the several Counties and places where they be commissionated as into other Counties for suppressing all Insurrections Rebellions and Invasions XLI The Lievtenants impowered to commissionate Officers and to present the names of such persons as they shall think fit to be Deputy-Lievtenants and upon the King's approbation to give them Deputations accordingly which his Majesty his Heirs or Successors may notwithstanding displace XLII In absence of the Lievtenants the Deputy-Lievtenants oâ— any two of them may train exercise and lead persons so armed to the intents hereafter expressed XLIII The Lievtenants or Deputy-Lievtenants the major part of them being 3 at least may charge persons with horse or foot-arms where their estates lie not exceeding the limitations in the Act viz. 1. None to be charged with horse unless he have a revenue of 500 l. per annum or 6000 l. in goods or money 2. None to be charged with foot-arms not having 50 l. per annum or 600 l. in goods nor shall he be charged with horse and foot in the same County 3. None that find or contribute towards a horse shall find any foot-arms and two or three may be joyned in finding an horse-arms 4. No person not having 100 l. per annum shall be contributary to a horse-arms 5. The Lievtenants and Deputy-Lievtenants or any three of them impowered to hear and redress complaints and examine witnesses upon oath 6. Two shillings per diem shall be allowed an horse and 12 d. per diem a foot-souldier 7. The Lievtenants or any three Deputy-Lievtenants may set rates for furnishing ammunition or other necessaries not exceeding in any one year a fourth part of 70000 l. 8. In cases of Invasion or Insurrection every souldier is to be provided of one moneth 's pay but no person to be charged further until the said moneth 's pay be reimbursed him 9. Lievtenants Deputy-Lievtenants and Chief-officers may charge horses carts and carriages for ammunition allowing 6 d. a mile to every cart with 5 horses and 1 d. the mile for a horse 10. Mutineers may be punished by mulcts not exceeding 5 s. or imprisonment not exceeding 20 days 11. The Lievtenants or 3 Deputy-Lievtenants may impose and levy penalties not exceeding 20 l. upon every person charged and refusing to furnish arms and imprison any person that shall imbezil arms until satisfaction and fine any horse-armes not appearing upon summons 20 s. and any foot-arms 10 s. and upon persons charged and not sending in their horses upon summons 5 l. to be levied by distress and sale of the offender's goods 12. And for discovering the abilities of persons chargeable and misdemeanours in hindrances of the service the Lievtenants or any 3 Deputies may examine any person upon oath other then the parties assessed and accused XLIV The Lievtenants may appoint Treasurers and clerks who are to account for money received every six moneths and to certifie the same to the King 's Privy councel and duplicates thereof to the Quarter-Sessions XLV Deputy-Lievtenants shall obey and execute the directions of the Lievtenants XLVI The Lievtenants or any two Deputy-Lievtenants may imploy any persons with the assistance of a Commission-Officer and Constable or other Parish-officer to
and Duchie Chambers with the Kings Copihold tenants concerning their Copiholds within three years from the first day of this Parliament are confirmed saving the right of all others ☞ Cordwainers Curriers Tanners and Leather * I. Stat. 27 H. 8.14 None shall pack any Leather to be transported but by a Packer sworn in pain to forfeit the leather or the value thereof And every stranger shall pay for the custome of a Dicker of leather 4 s. 9 d. and a Denizon 4 s. 1 d. II. The Customers and Controllers shall name and appoint a Toller in every Port where none are and shall also give him his oath for the due execution of his Office in the presence of the Customer and Controller or their Deputie or Deputies III. The fee for tolling leather is for every Dicker of a stranger 6 d. whereof the Toller is to have 2 d. and the Communalty there the rest of a Denizon 4 d. to be divided betwixt the Toller and the Communalty and of a Free-man of the Port 2 d. IV. The Customers and Controllers shall also appoint and swear a Packer in every Port respectively who may put up in one pack as many Dickers under seven as the owner of the leather pleaseth and his fee is 4 d. a pack V. If the Packer pack any leather before it be tolled and entred by the Customer or his Deputy or pack more then shall be entred he shall forfeit for every such offence 5 l. and suffer imprisonment at the King's pleasure and if the Toller number any leather in the absence of the Customer Controller or his or their Deputy or Deputies he shall forfeit five marks VI. If any stranger or his Factor convey any leather from one Port to another with an intent to transport it also afterwards from the second Port he shall cause the same to be Tolled entred and packed at the second Port and shall have a certificate thereof from the Customer there in pain to forfeit the same or the value thereof VII None having a Tanne-house shall transport any leather without the King's licence in pain to forfeit the same or the value thereof VIII These forfeitures shall be divided betwixt the King and the prosecutor IX This Act shall not prohibit a Captain of a Ship of the King 's in time of war nor the owner nor Master of a Ship bound for a voyage to take salt hides with them so they exceed not the number of 18 Also untanned hides of beasts killed in Wales or the Marches may be transported notwithstanding this Act except by one keeping a Tanne-house * X. Stat. 5 E. 6.15 None shall buy or ingross leather to the intent to sell the same again in pain to forfeit the same leather or the value thereof to be divided betwixt the King and the prosecutor or seisor XI This Statute shall not restrain Girdlers or other Artificers to sell their necks wombs or shreds nor the buying of so much leather as the party which buyes it hath license to transport XII None shall transport any Shoes Boots Buskins Start-ups or Slippers in pain to forfeit the same or the value thereof to be divided betwixt the King and the prosecutor or seisor XIII No Girdler or other cutter of leather shall curry it in his own house in pain to forfeit the same to be divided betwixt the King and the prosecutor * XIV Stat. 1 M. Parl. 2.8 No Artificer using the Mysterie of leather-buying shall buy any leather and sell the same again to be transported in pain to forfeit the same to be divided betwixt the King and the prosecutor XV. No Curriers in London shall use their own stuff in pain to forfeit the leather otherwise curried XVI No Currier shall curry any hides betwixt St. James-tide and the Ladie-day but onely such as have been sufficiently dipped twice in the pan in pain to forfeit the same to be divided as aforesaid XVII A Currier shall dress his leather within the space of five days in Summer and of ten days in Winter in pain to forfeit to the party grieved for every hide otherwise dressed 10 s. * XVIII Stat. 5 El. 22. None shall make any Pelts viz. pull or take away any wool from any Sheep or Lamb-skins or buy any kind of Stag Hind Buck Doe Goat Fawn or Kid or the pelts of any of them unless they make thereof tawed or leather lawfully tanned or parchment or otherwise convert the same into semits pannels or other their own necessary uses in pain to forfeit the value of such skins and 2 s. 6 d. for every skin otherwise used * XIX Stat. 18 El. 6. None shall ship any leather tallow or raw hides except Scotch hides according to the proviso of 5 El. 8. now repealed by 1 Ja. 22. in pain to forfeit the same and the treble value and the owner of the ship knowing the same to forfeit his ship and the furniture thereof and the Master thereof also knowing the same to forfeit all his goods and to suffer one year's imprisonment without bail The forfeitures are to be divided betwixt the King and the prosecutor XX. If the Owner Master or Mariner within 3 moneths after his knowledge thereof or at his return into England shall upon oath discover it bona fide to one of the Barons of the Exchequer either of the Lords Presidents or an head-officer of the Port where he lands and afterwards shall be ready to justifie it he shall be thereupon excused XXI He that transports any Leather Tallow or raw hides otherwise then according to the aforesaid proviso shall pay by the name of Subsidie 10 s. for every hide 3 s. 1 d. for every dozen of Calfs-skins and 6 s. 8 d. for every 100 weight of Tallow XXII The Customers c. shall be accountable to the Queen for the said subsidie and shall pay the same unto her upon the pain contained in 3 H. 6.3 * XXIII Stat. 1 Jac. 22. None shall gash any Hide in pain of 20 d. nor water them except in June July and August nor put them to sale being putrefied in pain to forfeit for every Hide so watered or put to sale 3 s. 4 d. XXIV None shall kill any Calves under five weeks old in pain to forfeit for every Galf so killed 6 s. 8 d. * XXV No Butcher shall exercise the mysterie of a Tanner in pain of 6 s. 8 d. for every day he so continues both professions XXVI None shall be Tanners but such as have served seven years as Apprentices or hired servants in that Trade or the Widow or children of a Tanner having a Tanne-fat left them and having been brought up in that Profession by the space of four years in pain to forfeit all the leather they tanne or the full value thereof XXVII None that useth the cutting or working of Leather shall be a Tanner in pain to forfeit all the Leather he tannes or the value thereof XXVIII None shall buy any rough Hides
II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority and that the same having made several alterations prejudicial to the ancient rights of Parliament and contrary to the laws of the land and by experience is found inconvenient doth repeal and adnull the said recited Act to all intents and purposes whatsoever III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops Bishops or persons therein named but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same IV. Proviso and enacted that it shall not be lawfull for any Arch-Bishop Bishop Chancellor or other Ecclesiastical Judge Officer or person having or exercising spiritual or Ecclesiastical jurisdiction to tender or administer unto any person whatsoever the oath Ex officio or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess or accuse or purge him or her self of any criminal matter or thing whereby he or she may be liable to censure or punishment V. Proviso Not to give any other jurisdiction to any Arch-Bishops c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament or established by the Laws as they stood in the year 1639. ☞ Cross-bows and Hand-guns * I. Stat. 33 H. 8.6 None shall shoot in or keep in his house any Cross-bow Hand-gun Hagbut or Demihake unless his lands be of the value of 100 l. per annum in pain to forfeit 10 l. for every such offence II. None shall shoot in or have any Hand-gun under the length of one yard nor Hagbut or Demihake under the length of three quarters of a yard in pain to forfeit 10 l. And it shall be lawfull for any man having lands of 100 l. per annum to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute but then he ought to break them within 20 days after in pain of 40 s. III. None shall travell with a Cross-bow bent or Gun charged except in time of war or shoot within a quarter of a mile of a City Borough or Market-Town except for the defence of himself or his house or at a dead mark in pain of 10 l. IV. None shall command his servant to shoot in any Gun or Cross-bow except at a dead mark or in time of war in pain of 10 l. V. The penalties abovesaid shall be divided betwixt the King and the prosecutor VI. Howbeit the followers of Lords Spiritual or Temporal Knights Esquires Gentlemen and the inhabitants of Cities Burroughs or Market-towns may keep in their houses and use to shoot but at a dead mark onely with Guns not under the lengths abovesaid so may the Owner of a Ship for the defence of his Ship and also he that dwells two furlongs distant from a Town or within five miles of the Sea-coast and this last may shoot at any wilde beast or fowl save onely Deer Heron Shovelard Fesant Partridge wild Swan or wilde Elke VII Those which have power from the King to take away Guns and Cross-bows in Forests Parks and Chases may retain the same notwithstanding this Act so likewise may Smiths and Merchants that make or sell them the several lengths abovesaid being duly observed ☞ VIII It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace who upon due examination and proof shall have power to commit him to prison there to remain till he hath satisfied the penalty which in this case shall be divided betwixt the King and the party that so takes the offender IX Every Placart granted by the King which expresseth not at what beasts or fowl the Grantee shall shoot and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other shall be adjudged void X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences XI When the conviction is in Sessions the whole forfeiture is to be levied to the King's use when in a Leet the one half is the King 's and the other half ought to be divided betwixt the Lord and the prosecutor XII Here if a Jury shall willingly conceal any thing the Justices or Steward have power to impannel another Jury by whom if the first Jury be found guilty of concealment they shall forfeit 20 s. a piece viz. to the King if it be in Sessions but if in a Leet then the one half to the Lord and the other half to the prosecutor XIII Forfeitures arising by this Act shall be sued for viz. by the King within one year and by a common person within six months otherwise they shall be lost XIV A servant upon command may use his Master's Cross-bow or Gun not prohibited by this Act so as he shoot at no fowl Deer or other game and may also by a license in writing carry it to any place to be mended * ☞ XV. Stat. 2. 3. E. 6.14 None under the degree of a Baron shall shoot in any Hand-gun within any City or Town at any fowl whatsoever or with any hail-shot in pain of 10 l. and 3 months imprisonment XVI This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6 so that they forbear to use any hail-shot and all other that presume to shoot shall present their own names viz. in a Corporation to the Mayor or Head-officer and in the County to the next Justice of Peace in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor Crosses I. West 2.33 13 E. 1. Lands where Crosses be set with purpose that the tenants thereof should defend themselves against the chief Lord or Lords by the Privileges of Templars and Hospitallers shall be forfeited as lands aliened in Mortmain ☞ Crown I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France II. Stat. 7 H. 4.2 The Crown of England and France were intailed to the King and his four sons by name III. Stat. 35 H. 8.1 The Crown of England is intailed to the King's daughter the Lady Mary the remainder to the Lady Elizabeth the
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
Merchants Subjects natural 4 l. 10. By Aliens and strangers 6 l. Into other Ports by Subjects 3 l. By Aliens 4 l. 10 s. 2. Muskadels Malmseys Cates Tents Alicants Bastards Sacks Canariees Malligoes Maderoes and all other sweet wines by Subjects natives brought into the Port of London the Tun 2 l. 5 s. By Stangers and Aliens 3 l. Into other Ports by native Subjects 1 l. 10 s. Ry Aliens and strangers 2 l. 5 s. XXVIII Poundage viz. 12 d. in the pound of all Merchandise goods according to the Book of Rates except Woollen clothes made in England called old Draperies Wines paying Tunnage Fish English taken and brought in English bottoms and all fresh fish and Bestial and all goods mentioned in the Book of Rates to be Custom free 12 d. per l. Of all Woollen broad clothes exported after the rate of each 64. in weight and so proportionably by subjects 3 s. 4 d. By Strangers Aliens 6 s. 8 d. For not paying of which the goods and merchandise shall be forfeit one moiety of the rate hereof to the King the other moiety to the Informer that shall seise or sue for the same XXIX Such as have their goods taken by Pyrates or perished at Sea being born Denizens may upon proof there before the Lord Treasurer or Baron of the Exchequer ship so many more goods of the same value without custom And herrings fish may be transported in English bottoms custom free XXX No rates can be set upon merchandise of Subjects or Alien but by common consent in Parliament The Rates intended by this Act agreed by the Common's house of Parliament and signed by the Speaker XXXI For goods above 5 l. value the Custom officers shall take such Fees and no other as were taken in the 4th year of King James untill they shall be otherwise setled by Parliament XXXII Iron armes Bandiliers Bridle-Bitts Halbert-heads and Shaps Holsters Muskets Carbines Fowling-pieces Pistols Pike-heads Sword or Rapier blades Saddles Snaffels Stirops Calve-skins dressed or undressed Geldings Oxen Sheep-skins dressed without the wool and all sorts of manufactures made of leather may be transported paying the Rates by this act appointed and no other XXXIII Goods when they are at the prices following may be transported viz. Gunpowder when the barrel exceeds not 5 l. Wheat when at the time of the lading the quarter exceeds not 2 l. Rie Beans and Peace 1 l. 4 s. Barly and Malt 1 l. Oats 16 s. Bacon the pound 6 d. Butter the barrell 4 l. 10 s. Cheese the hundred 1 l 10 s. Candles the dozen pound Paying the Rates appointed and no more 5 s. XXXIV Provided the King by Proclamation may at any time prohibit the transporting Gunpowder Armes and Ammunition XXXV Above the Rates aforesaid there shall be paid to the King of every Tun of Wine of the growth of France Germany Portugal or Mader a brought into London or elsewhere 3 l. within four moneths after importing and all other Wines 4 l. within nine moneths after importing and the importers shallgive security for the same and if the said wines be exported within 12 moneths the said additional duty shall be repayed and security discharged as to so much exported all Impost of Excise discharged And Prisage to pay no Custom See Title Ships LXVIII Who shall pay double Aliens Customes XXXVI Stat. 12 Car. 2. ca. 19. For preventing frauds and concealments of Customs If any person shall land and convey away any goods for which Tunnage and Poundage ought to be paid without entry or agreement for the Custom upon oath hereof made before the Lord Treasurer Baron of the Exchequer or Magistrate of the Port where the offence is committed or place next adjoyning thereunto they may grant warrant to search for the said goods and in case of resistance in the day time to break open any house and seize and secure the said goods so as the same be within one moneth after the supposed offence committed XXXVII In case of false information the party injured may recover his full dammages and costs and this Act to continue unto the end of the first Session of the next Parliament and no longer XXXVIII Stat. 14 Car. 2. ca. 11. An Act for the preventing and punishing fraudes and violences used to avoid the King's Customes and for regulating abuses therein See the Statute at large ☞ Customs and Usages I. Stat. 31 H 8.3 The Mannors c. of Thomas Lord Crommel and others within the County of Kent Leing Gavelkind land shall hereafter descend as lands at the Common Law ☞ Custos Rotulorum I. Stat. 37 H. 8.1 None shall be Custos Rotulorum but such as shall have a Bill signed by the King's hand for the same which shall be warrant for the Lord Chancellor to put and continue him in the Commission to be Custos Rotulorum until the King shall appoint another II. The Custos Rotulorum may execute that Office by a Deputy learned in the Laws and able to supply that place III. The Custos Rotulorum shall have power to appoint the Clerk of the peace who may also execute it by a sufficient Deputy approved by the Custos Rotulorum IV. This Act shall not inhibit the Arch-bishop of York the Bishop of Durham the Bishop of Ely and all others having lawfull power by the grant of the King or his Progenitors to make Custos Rotulorum within their several jurisdictions to use the same liberty which they had before V. Stat. 3. 4 E. 6.1 The Lord Chancellor or Keeper shall appoint the Custos Rotulorum in every County of England Wales and other the King's Dominions who may execute his Office by himself or by his Deputy Howbeit the power of others is saved who have power to name the Custos Rotulorum Days in Bank I. Stat. DE Anno Bissextili 21 H. 3. The day increasing in the Leap-year and the day next going before shall be accounted for one day and this was done to avoid the doubt of the year and day that were wont to be assigned to sick persons being impleaded to the end they might know when the Leap-year happened how to reckon their year and day II. Stat. 51 H. 3. If a Writ come in Utas Sancti Mich. Quinzime Mich. Tres Mich. Crastino Anim. Crastino Mart. Utas Martinì Quinzime Mart. Utas Hillarii Quindena Hillarii Crast Purif Utas Purific Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae or Crast Ascens Utas Trin. Quindena Trin. or Crast S. Joh. B. Utas S. John Bapt. Quindena S. J. B. Day shall be given thereupon unto the Utas Sancti Hill Quinzime Hill Crastino Purif Quinzime Paschae Tres Paschae Mense Paschae Quinque Paschae Utas Trin. sometimes in Crast S. J. B. Crast Utas S. J. B. Quindena S. Jo. Bapt. Utas Mich. Quindena Mich. Tres Mich. Mense Michaelis Crast Anim. Crast Mart. Utas Mart. Quindena Mart. And so every Term shall answer to other
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
ordained for false appeals which see in Appeals Durham I. Stat. 7 E. 6. not printed By this Act the Bishoprick of Durham was dissolved and the King was to have all the lands and hereditaments thereof and another Act was also made the same year Cap. 10. whereby the Town of Gateside was united to the Town of Newcastle but both these Acts are repealed by 1 M. Parl 23. And by this Act the Bishoprick of Durham is revived and erected and thereby are annexed unto the County Palatine all the jurisdictions both Ecclesiastical and temporal as also the Town of Gateside and all lands and hereditaments before belonging to the said Bishoprick and divers other provisions are therein contained concerning those matters For which see the Statute at large II. Stat. 5 El. 27. Fines levied before the Justices of the County Palatine of Durham or one of them of lands lying in the same County shall be good III. Stat. 31 El. 9. Writs upon Proclamations and exigents against any person dwelling within the County Palatine of Durham shall be directed to the Bishop of Durham c. with divers other provisions for that County Palatine For which see the Statute at large Ecclesiastical Jurisdiction * I. Stat. 37 H. 8.19 Doctors of the Civil Law albeit they be Lay-men or married and unmarried may exercise Ecclesiastical jurisdiction ☞ Egyptians * I. Stat. 22 H. 6.10 If any calling themselves Egyptians do come into this Realm they shall forfeit all their goods and being commanded shall depart the Realm within 15 days upon pain of Imprisonment But see here in the Statutes following a greater penalty ordained * II. Stat. 1. 2 P.M. 4. None shall transport any lewd people who call themselves Egyptians into this Realm or Wales in pain of 40 l. And it shall be felony without Clergy for them to remain above a moneth in England or Wales neither shall they be tried per medietatem linguae but by the Inhabitants of the County or place where they are taken III. None shall sue for any licence or pasport for any Egyptians to stay in England or Wales in pain of 40 l. and such licence or pasport shall be void IV. The forfeitures aforesaid shal be divided betwixt the King and Queen's Majesties and the Prosecutor V. This Act shall not extend to charge persons not above the age of 13 years nor as accessary to any offence contained in this Statute VI. Stat. 5 El. 20. Any person whatsoever consorting with Egyptians by the space of a moneth shall be judged a felon without Clergy VII This Act shall not include children within 14 years of age neither shall any person born in England or Wales be compelable to void the land by the Statute of 1. 2 P.M. but onely to leave their lewd course of life Election I. West 1. cap. 5. 3 E. 1. None shall disturb any by force of Arms Malice or Menaces to make free Election in pain of great forfeiture II. Artic. Cleri cap. 14. 9 E. 2. There shall be free Election for the dignities of the Church * III. Stat. 31 El. 6. If any person or persons having election or voice in the nomination or choice of any person to have place in any Church Colledge School Hospital Hall or other Society shall take any reward directly or indirectly or any promise or assurance thereof directly or indirectly for such their election or voice that then such place shall be void and that then such person as hath power to dispose thereof may dispose of the same as if the person before elected or appointed were actually dead IV. If any person of such societies take any reward or assurance thereof directly or indirectly for resigning such place the party giving it shall forfeit the double value thereof and the party taking it shall be uncapable of such place and then also the party to whom such place apertains may dispose thereof as aforesaid V. At every Election this Statute and the Statutes of the Society which concern Election shall be read VI. The forfeitures of this Statute shall be divided betwixt the Queen and the Prosecutor VII If any person for any reward or assurance thereof directly or indirectly taken do present or collate any person to any Benefice with cure of souls Dignity Prebend or living Ecclesiastical or give or bestow the same for any corrupt consideration every such presentation collation gift c. bestowing and every admission institution investiture and induction thereupon shall be void and from thenceforth the Queen her heirs and successors may present or collate thereunto or give or bestow the same for one turn onely VIII None shall give or take such reward or take or make such assurance in pain to forfeit the double value of one years profit of such spiritual promotion and the person taking such promotion shall be disabled in Law to injoy the same IX If any person for any such reward or assurance thereof lawful fees excepted admit institute instal induct invest or place any person in any such spiritual promotion the party so offending shall forfeit the double value of one years profit of such promotion and the admission institution c. shall be void and then the Patron or other person unto whom the next gift appertains may present or collate thereunto X. Howbeit no lapse shall accrue upon such violence until six moneths after notice thereof given by the Ordinary to the Patron XI If any Incumbent of any Benefice with cure of souls shall corruptly resign or exchange the same or shall corruptly take for resigning or exchanging thereof directly or indirectly any benefit whatsoever both the giver and taker thereof shall lose the double value of the benefit so had to be divided betwixt the Queen and the Prosecutor XII Penalties inflicted by the Ecclesiastical law are not taken away by this Statute XIII If any person shall directly or indirectly take any reward or other profit or assurance of the same lawful fees onely excepted to make a Minister or to give license to preach he shall forfeit 40 l. and the party so made Minister or licensed to preach 10 l. and if the party so made Minister or licensed be inducted invested or installed into any benefice within seven years after such induction c. shall be void and the party having the gift thereof may present or collate as if he were dead XIV The forfeitures of this Act shall be divided betwixt the Queen and the prosecutor English-men I. Stat. 14 15 H. 8.4 All English-men sworn subjects to any forein Prince shall pay such impositions as Aliens do II. Their names shall be certified into the Chancery from Holland Zeland Brabant and Flanders by the Governour of the Merchant-Adventurers there and from other parts by the King's Embassadours residing in those parts III. An English-man returning and dwelling again within this Realm shall be restored to his liberties England and Scotland I. Stat. I Jac. 2. An authority is given to certain
Commissioners of both Houses of Parliament named in this Statute to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed but this Act in that point is not to take effect until the like be acted in Scotland III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders IV. Felonies committed by English-men in Scotland shall be tried in Cumberland Westmerland or Northumberland before Commissioners and Jurors of England and here the felon shall be admitted to have his witnesses examined upon oath and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence the prosecutor first tendring such witnesses their reasonable charges V. Here also the accessary shall be so tried albeit the principal be not convicted or attainted and neither principal nor accessary shall be allowed Clergy or peremtory challenge above five and the Indictment shall be good notwithstanding the words Contra pacem Coronam dignitatem nostras be omitted VI. No Sheriff or other Minister shall return any Juror upon such trial but such as have freehold worth 5 l. per annum in the County where the trial is had in pain of 40 l. for every Juror otherwise returned to be divided betwixt the King and him that will sue for it VII Here the offender shall not forfeit any lands nor have his bloud corrupted neither shall his wife lose her dower but he shall forfeit all his goods chattels and credits VIII The like act being intended to be made in Scotland when the like offence is committed in England by a Scotch-man afterwards fled into Scotland Justices of Oyer and Terminer Gaol-delivery and Peace of England have power to binde over by recognizance both the prosecutor and witnesses they being tendred their charges as before to appear in Scotland upon the trial which recognizance upon failer being certified into the Exchequer-chamber shall by decree there be made a debt to the King IX Scotch-men coming into England to prosecute or give evidence against an Offender in Scotland shall be free from arrests for any offence or cause whatsoever except treason and murther so long as they are in England for that purpose X. The offence shall be alledged in the indictment to be done in the place where indeed it was done XI He that is once tried in Scotland shall not be again called in question for the same offence but his former trial shall be a good plea for him unless by certificate from Scotland some other cause may be discovered XII No English man shall be sent out of England to be tried in Scotland But this is altered by the Statute following XIII The Jurors or the greater part of them may allow or reject any of the witnesses of either party as they shall in their discretions finde cause XIV Here the trial of a Peer shall be by his Peers XV. Stat. 7 Jac. 1. If an English-man shall commit felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol-delivery in their Gaol-delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offendor into Scotland to be tried Howbeit this Act shall not take effect until another of the like nature vice versa be made in Scotland XVI Stat. 16. 17 Car. 17. An Act for the confirmation of the Treaty of Pacification between the two Kingdoms of England and Scotland See the Statute at large XVII Stat. 16. 17 Car. 18. An Act for securing by publick faith the remainder of the friendly assistance and relief promised to our brethren of Scotland See the Statute at large Engleschire I. Stat. 14 E. 3. Stat. 1. cap. 4. Presentment of Engleschire is clearly abolished Entry and Writs of Entry I. Marlb 29. 52 H. 3. When so many alienations have been made that the Writ of Entry cannot be made in the usual form the Plaintiff shall have a Writ to recover his Seisin without mention of the degrees And this is called a Writ of Entry sur disseisin en le Post II. Glocest 7. 6 E. 1. If a woman alien her dower in fee or for life the heir or other person to whom the land ought to revert after her death shall immediately recover it by a Writ of Entry Entry lawful I. Stat. 32 H. 8.33 Where a disseisor dieth seized of lands that discent shall not take away the entry of the disseisee or his heir unless the disseisor had peaceable possession thereof five years next after such disseisin committed Errour I. Stat. 5 E. 3.2 in fine 10 E. 3. Stat. 2.3 Where Errour is made before the King's Steward and Marshal the Plaintiff may be Writ remove the Record into the King's Bench and may there have it redressed II. Stat. 31 E. 3. Stat. 1.12 The Lord Chancellor and Treasurer calling to them such of the Justices and other sage persons as they shall think fit as also the Barrons of the Exchequer to give the reasons of their judgments may examine erroneous judgments given in the Exchequer and if any errour be found may correct the Rolls to the end the Exchequer may proceed to execution III. Stat. 32 El. 3. Fines and Recoveries and all matters concerning them now extant and in being may be inrolled which inrolment shall be of as great validity as the same so extant and remaining in being IV. No Fine Proclamation or Recovery shall be reversable for false Latine rasure interlining mis-entring mis-returning not returning or any other matter of form and not of substance V. This Act shall not bar any from a Writ of errour upon any fine or recovery heretofore had and pursued within five years after this Parliament or which before the first of June 1582. was exemplified under the great Seal nor a feme covert Infant non compos mentis one in prison or beyond Sea so that they or their heirs pursue such writ within seven years after such imperfection restraint or absence removed and if any of them happen to die hanging the suit their heir may undertake it within one year after the said seven years and if the heir be under age then within one year after his full age VI. The day and year of the acknowledgment of a fine and of the warrant of Attorney for the suffering of a recovery shall be certified together with the concord or warrant and none shall be inforced so to certifie but within one year after such acknowledgment made or warnt given VII No Officer shall receive any writ of covenant or entry without the day so certified in pain of 5 l. VIII No Attornment upon any fine in a Quid juris clamat Quem redditum reddit or
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
compound with any Defendant before answer nor then but by consent of Court in pain of 10 l. and the Pillory VI. Where the Informer delayes or discontinues his suit or otherwise is non-suit or overthrown the Court shall assign costs to the Defendant to be immediately levied by execution issuing out of the same Court VII Justices of Oyer and Terminer Assize and Peace in their Sessions have power to hear and determine these offences VIII This Act shall not restrain Actions brought for Maintenance Champerty buying of title or Imbracery nor any certain person or body Politique to whom any forfeiture or penalty is specially limited nor certain Officers who have lawfully used to exhibit informations IX Stat. 29 El. 5. in fine If any shall be sued upon any penal Law in the King's Bench Common Pleas or Exchequer where such person is bailable by law or may appear by Attorney the person so sued shall at the day contained in the first process appear by Attorney to defend the same and shall not be urged to personal apparence or to put in bail to answer the same X. Stat. 31 Eliz. 10. The said clause of 29 Eliz. 5. shall only extend to natural born subjects or free Denizons and none others ☞ Inrolments I. Stat. 6 R. 2.4 Deeds that were inrolled and late torn or imbezeled by Rebels in the late Insurrection being exemplified shall be of the same force as the deeds themselves would have been if they had been extant II. Stat. 27 H. 8.16 Bargains and sales to raise an use of Inheritance or free-hold must be by deed indented and inrolled within six moneths after the date thereof in some Court of Record at Westminster or in the County where the land lyeth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the land is not worth 40 s. per annum is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in parchment and to deliver them unto the Custos Rotulorum within one year after III. This Act shall not extend to lands tenements or hereditaments in Corporations where an Officer or Officers there have lawfully used to inrol deeds or other writing IV. Stat. 34. 35 H. 8.22 All Recoveries deeds inrolled and releases acknowledged or taken before any Officer or Officers of any Corporation having authority to receive the same shall remain in force notwithstanding the Statute of 32 H. 8.28 which see in Leases V. Stat. 5 El. 26. All inrolments of such writings indented as are mentioned in the Statute of 27 H. 8.16 of lands c. in the Counties of Lancaster Chester and the Bishoprick of Durham being inrolled within six moneths after the Date thereof viz. those in Lancashire in the Chancery at Lancaster or before the Justices of Assize there those in Cheshire in the Exchequer at Chester or before the Justices of Assize there and those in the Bishoprick in the Chancery at Durham or before the Justices of Assize there shall be as good in law as if they were inroled in any of the Courts at Westminster Intrusion I. Prerog Beg. Cap. 13. 17 E. 2. When the King's Tenant in chief dies and his heir enters into the land before he hath done homage to or received seisin of the King he shall thereby gain no free-hold and if he die seized during that time his wife shall not be endowed thereof as it fell out in the case of the wife of Mansel the Marshal II. Stat. 21 Jac. 14. When the King or any claiming under his title shall be out of possession or not have received the profits of lands c. within the space of 20 years before any information of Intrusion brought to recover the same In this case the Defendant shall plead the general issue if he think fit and shall not be pressed to plead especially and shall also retain the possession thereof until the title be found for the King III. Where an information of Intrusion may fitly be brought on the King's behalf no Scire facias shall issue whereunto the subject shall be forced to a special pleading and be derprived of the grace intended by this Act. Ipswich I. Stat. 13 El. 21. The streets of Ipswich in the County of Suffolk and of the Suburbs thereof shall be paved with good paving stone and for ever repaired by the Owners Landlords or Terre-tenants along from and against their houses lands and tenements adjoyning to the street viz. so much of the said street in length as his house lands c. so adjoyning extend unto and in breadth during all the length to the Channel or to such place as the Channel there shall be appointed by the Bailiffs to extend unto in pain to forfeit for every yard square not sufficiently repaired 8 d. II. The Bailiffs of Ipswich and the Portmen there the Church-wardens and four of every Parish shall have authority to tax upon every house ground and tenement there free and copy reasonable summs of money to be yearly paid as well towards the finding of a convenient stipendary Minister within every Parish as for the reparation of the Churches Ireland I. In the Book of Magna Charta is an Ordinance for Ireland concerning divers matters intituled Ordinatio pro statu terrae Hiberniae II. Stat. 17 E. 1. cap. 1. The King's officers in Ireland shall purchase no land there without the King's licence III. Cap. 2. King's Officers in Ireland shall make no purveyance there but by writ out of the Chancery there or in England that in time of necessity onely and by the advice of the Council there IV. Cap. 3. All kind of Merchandizes may be exported out of Ireland except to the King's enemies and if any Officer restrain them he shall satisfie double damages to the party grieved and be also punished by the King V. Cap. 4. The fees for every Bill of grace in Ireland under the seal of the Justice there shall be 4 d. for the Bill and 2 d. for the writing thereof VI. Cap. 5. The Marshal's fee for a Prisoner when he shall be delivered is 4 d. VII Cap. 6. No pardon of the death of a man or other felony or for flying for the same shall be granted by the Justices there but onely at the King's command and under his seals VIII Cap. 7. No Officers there shall receive any original writ which is not sealed by the seal of Ireland or by the Exchequer-seal there of things concerning that Court. IX Cap. 8. The Justice of Ireland shall not delay or adjourn Assize of Novel disseisin there save onely in the County where he is and while he shall remain there X. Stat. 34 E. 3.17 All kind of Merchandize may be exported and imported out of and into Ireland as
well by Aliens as Denizons XI Stat. 34 E. 3.18 All persons who have lands and possessions in Ireland may freely import and export their Commodities thither and from thence without Impeachment XII Stat. 1 H. 6.3 All Irish-men shall avoid the Kingdom except Graduates Beneficed men Lawyers having Inheritance in England and English parents religious persons professed Merchants Burgesses and others inhabitants of good fame and persons married in England and all they shall find surety for the good abearing XIII No Irish-man shall inhabit here in the Universities or elsewhere without a testimonial under the seal of the Lievtenant or Justices of Ireland testifying that he is of the King's obeysance to be delivered to the Chancellor here in pain to be punished as a Rebel XIV No Irish-man shall be Head or Governour of any Hall or house XV. Stat. 2 H. 6.8 Irish-men coming to live in England shall give surety for their good abearing viz. In the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other liberties to the Head-officers respectively XVI Stat. 16 17 Car. 30. An Act for a speedy contribution and loan towards the relief of the King 's distressed subjects of the Kingdom of Ireland See the Statute at large XVII Stat. 16 17 Car. 33. An act for the speedy and effectual reducing of the Rebels in Ireland to their due obedience to the King and the Crown of England and cap. 34.35 37. Certain other additional Acts were made for the same purpose and for the sale of forfeited lands there All which see at large ☞ Iron * I. Stat. 28 E. 5. Iron made in England or brought into England and sold shall not be exported in pain to forfeit the value thereof to the King II. Justices assigned have power to inquire of Labourers And other Justices to be assigned by the King shall also have power to inquire of such as sell Iron at too dear a price and to punish them according to the quantity of the trespass ☞ Judgment I. Stat. 14 E. 3. Stat. 1.5 A Prelate two Earls and two Barons shall have power by the King's Commission to hear by Petition complaints for delay of entring Judgments and to call before them the Justices and Records whereof such complaint shall be made and calling to them the Chancellor Treasurer the Justices of the one Bench or the other and others of the King's Council as many as they shall think fit shall give Judgment thereof and then the Records shall be remanded together with the Judgment which shall be immediatly entred accordingly II. In case the matter be too difficult it shall be referred to the next Parliament to be determined III. Judges and other Officers in Courts of Justice may be increased or diminished as need shall require and when they shall enter into their offices they shall make oath duly to serve the King and his people IV. Stat. 4 H. 4.23 Judgments given shall continue and the parties for whom they are so given and their heirs shall be in peace until they shall be reversed by attaint or errour if any be Judicial Proceedings I. Stat. 12 Car. 2. cap. 12. Which Judicial Proceedings during the late usurpation shall be good and effectual in law and which not ☞ Jurisdiction I. Artic. Cleri cap. 6. 9 E. 2. Albeit a case be debated and have judgment in the spiritual Court yet the King's Court may afterwards discuss the same matter as the party shall think expedient for himself II. Stat. pro Clero 25 E. 3. Stat. 3. cap. Conisance of avoidance of Benefices belongs to the Ecclesiastical Judge and not to the Temporal Juris Utrum I. West 1. cap. 24. 13 E. 1. A Writ of Juris Utrum shall be granted to trie whether free alms belong to one Church or another in case where they are transferred from one Church to another ☞ Jurors I. Marlb cap. 14. 52 H. 3. Such as have Charters of exemption not to be impannelled upon Juries shall notwithstanding their priviledge be sworn upon great Assizes Perambulations in deeds and writings of covenants where they be named for witnesses and in Attaints and when their oaths are so requisite that without them Justice cannot be administred II. West 2. cap. 38. 13 E. 1. No more Jurors shall be summoned in one Assize then 24. Also old men above the age of 70. or sick or diseased at the time of the summons or not dwelling in the Countrey shall not be put in Juries of petit Assizes neither shall any be put in Assizes or Juries that have not land worth 20 s. per annum And if the Assizes or Juries be taken out of the County their revenue shall be 40 s. per annum at least except such as be witnesses to deeds or other writings and be able to travel III. This Statute shall not extend to great Assizes where many times Knights are to be impannelled for they by reason of their scarcity may serve albeit they dwell out of the Countrey so they have land in the County for which they serve IV. No Sheriff Under-Sheriff or Bailiff shall offend against this Law in pain to answer damages to the party and to be amercied to the King V. Justices of Assize have power to hear and determine these offences VI. Stat. 21 E. 1. Stat. 1. None shall be impannelled to serve out of their proper County unless they have lands worth 5 l. per annum at least nor in the County unless they have lands worth 40 s. per annum VII This Statute shall not extend to Juries taken before Justices errant nor to Corporations but that they may do as in times past * VIII Artic. super Cart. cap. 9. 28 E. 1. None shall be impannelled but as is ordained by Statute and they shall be next neighbours most sufficient and least suspitious in pain that the Officer who doth otherwise shall answer double damages to the party grieved and be grievously amercied to the King IX Stat. 5 E. 3.10 If a Juror take a bribe of either party and be thereof attainted he shall serve no more of any Jury be imprisoned and ransomed at the King's will and the Justices before whom he serves shall have power to hear and determine this offence according to this Statute X. Stat. 25 E. 3. Stat. 5. cap. 3. No Indictor shall be put upon the Inquest for the deliverance of the Indictee of felony or trespass if he be challenged by the Indictee for that cause XI Stat. 34 E. 3.4 Sheriffs and others shall array their pannels of the next people not suspected nor procured in pain to be punished by the Justices that take such Inquests both to the King and the party grieved according to the quantity of the trespass and damage XII Stat. 34 E. 3.8 If any of the Jurors be accused by either of the parties for taking a bribe to give his verdict the Justices may presently trie it by a Jury then also to be taken
forfeited is saved XXXV The Act shall not extend to any Sheriff or Minister of a Corporation so that they return like issues as before are limited XXXVI Stat. 4 5 P.M. 7. A Tales de circumstantibus may upon request for the King or Queen by any authorized thereunto or assigned by the Court or upon request by the Prosecutor or his Attorney and by the command of the Justices of Assize of Nisi prius be granted in a suit commenced upon a penal Statute XXXVII The Stat. of 35 H. 8.6 shall be interpreted to give like advantages to the king Queen and prosecutor as it doth there to the Plaintiff as if such suits for the King had been there particularly mentioned XXXVIII Stat. 5 El. 25. Tales de circumstantibus shall be grantable in the 12 Counties of Wales and the Counties Palatine of Chester Lancaster and Durham being of the same effect with the Statute of 35 H. 8.6 See the Statute at large XXXIX Stat. 14 El. 9. In case the Plaintiff or Defendant forbear or refuse to pray a Tales it shall be granted by the Justices of Nisi prius in England or those of Oyer or Assize in Wales Chester Lancaster and Durham at the prayer of the Defendant or Tenant and that as well in suits upon penal Laws as upon other trials XL. Stat. 27 El. 6. The ability of Jurors returned upon trials ordained by the Statutes of 2 H. 5. Stat. 2. cap. 3. and 35 H. 8.6 to be 40 s. per annum is increased to 4 l. per annum upon the like pain of 20 s. to be forfeited by the Sheriff or other Officer for every Juror otherwise returned and in that respect the writs shall be Quorum quilibet habet quatuor libras c. XLI Here the issues to be returned shall be as followeth viz. upon the first writ 10 s. upon the second 20 s. upon the third 30 s. and the double of 30 s. afterwards until a full Jury be sworn or the process otherwise cease in pain that the Sheriff or other Officer shall forfeit 5 l. for every Juror returned with less issues set upon him XLII Upon issues lost by a failer of lawful summons the Sheriff or other Officer shall forfeit the double issues XLIII The Sheriff or other Officer that takes a bribe and agrees to take it directly or indirectly for the sparing of a Juror shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor XLIV Upon any trial two Hundreders shall be hereafter deemed sufficient notwithstanding any challenge hereafter to be made against the same XLV All lawful challenges shall be admitted notwithstanding this Act neither shall it extend to Juries in Corporations or Wales XLVI Stat. 16 17 Car. 2. cap. 3. All Jurors other then strangers upon trials Per medietatem linguae returnable for trial of issues in the King's Bench Common Pleas or Exchequer Justices of Assize or Nisi prius Oyer and Terminer Gaol-delivery or General or Quarter Sessions of the Peace after the 25 of April 1665 in any County of England shall have in their own name or in trust for them within the same County 20 l. per annum at least in their own or their wives right ultra Reprisas of Freehold lands or ancient Demesne or rents in Fee Fee-Tail or for life And in every County of Wales every such Jurors shall have 8 l. per annum as aforesaid And if any be returned otherwise it shall be a good cause of challenge and the party discharged upon his own allegation and oath thereof XLVII No Jury man's issues for default shall be saved but by special order of the Judges for good cause proved before the Judge where the issue is to be tried XLVIII The writs of ven fac to be made out accordingly and the Sheriff or other persons to make out pannels shall not return any persons but such as aforesaid upon pain for every person returned not having such estate the summe of 5 l. to the King his heirs and successors XLIX And for discovering such persons and estates every Sheriff shall on the first day of every Sessions after Easter yearly deliver to the Justices of the Peace then fitting the names of all such persons as are to be returned for Jury men to be by the said Justices or greater part of them approved for Jury men for the year then next ensuing and the said Justices may adde such others as are omitted by the Sheriff to serve of Juries for the said year And the Sheriff to incurre no penalty for returning any persons added by the Justices in case his estate be of less value then aforesaid L. No Sheriff or other shall return any person unless duly summoned by the space of six days at least before their days of apparance And have left with or for such persons in writing the names of all the parties in the causes in which they are to serve as Jurors nor shall take any reward to excuse the apparance of any Juror upon pain to forfeit 10 l. for every offence Saving to Cities and Towns Corporate their ancient usage in returning Jurors of such estate as hath been accustomed LI. Writs of ven fac ' Hab. Corpora or distringas in the County Palatine of Lancaster shall be sued out like as is used in other Counties in England returnable at the then next Assizes and like issues returned upon Jurors and to be Estreated as above provided LII And the Sheriff of the said County of Lancaster for the time being shall cause 12 lawful men so qualifyed as before appointed by this Act out of every of the six hundreds there to be duly summoned ten days before every Assizes to appear the first day of every Assizes there to attend all the said Assizes as Jurors in such causes between party and party upon pain to forfeit 10 l. to the use of the poor of the Town where such party offending doth inhabit to be levied as other issues of Jurors be levied LIII This Act to continue 3 years and to the end of the next Sesison of Parliament and no longer ☞ Justice and right and Justices I. Stat. 2 E. 3.8 No command shall be made under the great or little seal to disturb or delay common right and the Justices shall proceed to do right notwithstanding such commands II. Stat. 18 E. 3. Stat. 3.1 The oath to be given to Justices when they take their places to this effect viz. to serve the King in their Offices warn him of any damage do Justice take no bribe give no councel where he is a party maintain no suit nor deny right though by command from the King to procure the King's profit and to be answerable to the King in body lands and goods if found in default III. Stat. 20 E. 3.1 The King's Justices shall do right to all without respect of persons notwithstanding the King's letters or commands to the contrary wherewith if any be they shall acquaint
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 ☞ 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
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 ☞ 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 ☞ 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
Coroner shall do his office and inrol it And what cannot be determined by the Steward before the Kings departure shall be remitted to the Common Law so that Exigents Outlawries and Presentments shall be made thereupon in Eyre by the Coroner of the County as in case of other Felonies done out of the Verge â— Howbeit they shall not omit by reason hereof to make attachments freshly upon the Felonies done IV. Stat. 5. E. 3.2 Pars inde and 10 E. 3. Stat. 2.2 Inquests before the Steward and Marshal of the Kings house shall be taken by men of the Countrey thereabouts and not by men of the Kings house except it be contracts covenants or trespasses when both parties are of the same house and in the house V. Stat. 9. R. 2.5 Priests and others of the Holy Church taken in the Marshalsey shall pay such fees as Lay-people pay and no more VI. Stat. 13. R. 2. Stat. 1.3 The jurisdiction of the Steward and Marshal of the Kings house shall extend no further then 12 miles from the Kings lodging VII Stat. 4. H. 2.23 The fees of the Marshal of the Kings house shall be as in times past and no more viz. for him that cometh in by Capias 4 d. and if he be bailed 3 d. more of the defendant in trespass that findeth bail to answer the suit 2 d. for every commitment by judgment 4 d. oâ— every one delivered of Felony and of a Felon bailed by the Court 4 d. And if the Marshal or his Officers take more they shall lose their Offices and pay treble damages to the party grieved and that the party grieved have his suit before the Steward of the same Court VIII Here a server of bills shall take no more then 1 d. for every mile distant from the Court to the place where he doth his office but when he serves a vâ—nire facias or a distringas he shall have the double If such an Officer takes more he shall be imprisoned make a Fine to the King at the discretion of the Steward and be from thenceforth fore-judged the Court. IX Stat. 15. H. 6.1 In a suit commenced before the Steward and Marshal of the Kings house the defendant shall not be estopped to plead that the Plaintiff or he are not of the Kings house but his averment thereof shall be received notwithstanding any record of the same Court to be produced to the contrary Marshes Fens c. I. Stat. 4. Jac. 8. An Act for winning from Inundation the drowned grounds and Marshes of Lesnes and Fants in Kent by the 10. of October 1609. See the Statute II. Stat. 4. Jac. 13. Another for draining the Fens and low grounds in the Isle of Ely containing about 6000. Acres compassed about with banks called the Ring of Waldersey and Coldham See also the Statute III. Stat. 7. Jac. 20. A mean to recover a great quantity of ground lately surrounded in Norfolk and Suffolk by the Sea and to prevent the like for the future See the Statute IV. Stat. 15. Car. 2. cap. 17. An Act for setling the draining the great level of the Fens called Bedford Level See the Act at large V. Stat. 16. 17. Car. 2. cap. 11. An Act for draining of the Fen called Deeping Fen and other Fens therein mentioned See the Act at large Masons I. Stat. 3. H. 6.1 It shall be felony to plot confederacies amongst Masons and such as assemble upon such confederacies shall suffer Imprisonment and make fine and ransome at the Kings will ☞ Matrimony and Marriage I. Stat. 32. H. 8.38 Pars inde All Marriages shall be adjudged lawful that are not prohibited by Gods Law II. Stat. 23. E. 6.21 All Laws Canons Constitutions and Ordinances which prohibit marriage to spiritual persons who by Gods Law may marry and all pain and forfeitures therein contained shall be void III. Provided that this Act shall not give liberty to marry without asking in the Church and other Ceremonies appointed by the Book of Common Prayer IV. Degrees and divorces heretofore made are saved V. Stat. 5. E. 6.12 The Marriage of Priests and other spiritual persons shall be lawful and their Children legitimate and inheritable likewise they to be tenants by the Curtesy and their Wives nowable VI. Stat. 1. Jac. 11. A Bigamus shall suffer death as a felon unless he or she have had no notice that the husband or wife was living within seven years before or the marriage be severed by divorce VII This felony shall cause no corruption of blood or loss of dower or inheritance VIII Stat. 12. Car. 2. ca. 33. All Marriages had and solemnized in any of the Kings Dominions since the 1. of May 1642. before any Justice of Peace of England or other his Dominions and so pronounced and declared or had and solemnized according to Act or Ordinance of Parliament or any Convention having that style shall be adjudged good and valid in Law as if the same had been solemnized according to the Rites and Ceremonies of the Church of England Mesne I. Stat. Westm 2.9 13. E. 1. The tenant distrained by the Chief Lord may have a writ of Mesne in the County where he is distreined against the Mesne who having land in that County and not appearing till the Grand distress day shall be given in the Grand distress so as two Counties may be holden before the return wherein the Sheriff shall proclaim that he come to answer the tenant at the day at which day if he come not he loseth his service and then the tenant shall answer to the Chief Lord such services as he ought to have done to the Mesne II. The Chief Lord shall not distrein the tenant so long as he offers him the services due and if the Lord exact more then the Mesne ought to do the tenant may have such remedy as the Mesne might have had III. Upon a return that the Mesne hath nothing to be summoned by an attachment shall go out and then upon a Nihil returned the Gâ—aâ—d distress with Proclamation as before IV. The Mesne having no lâ—nd in that County but in another upon such a return by the Sheriff the party shall have a Writ judicial to summon the Mesne in that County where it is testified that he hath lands and both there and in the other County shall proceed to the Grand distress Proclamation and Judgment as before V. The Mesne comming into the Court and acknowledging or being adjudged to acquit the Tenant and not doing it the Tenant shall thereupon have a judicial writ of acquittal whereupon if the Mesne come in and the Tenant can aver that a Mesne hath not acquitted him he shall be satisfied his damages be quit of the Mesne and hold of the chief Lord And here also if the Mesne come not at the first distress then another distress shall go out Proclamation shall be made and Judgment had as before VI. This Statute extendeth only where there is but one Mesne
be no defrauding of this Statute XII Cap. 9. Search shall be made for money exported and false money imported XIII Cap. 10. The Searchers shall have the fourth part of the forfeiture XIV Cap. 11. Hostlers viz. Innc-keepers and Victuallers shall be sworn to search their guests XV. Stat. 18 E. 3. Stat. 2.6 Money shall be made and exchanges ordained where the King shall please XVI Stat. 25 E. 3. Stat. 5.13 Money shall not be impaired in weight or alloy XVII Stat. 25 E. 3. Stat. 5.20 Plate of Gold and Silver shall be received into the Kings Mint by weight and not by number and so also shall the Money be returned XVIII Stat. 38 E. 3. Stat. 1.2 None shall export Gold or Silver in money or Plate but Victuallers of fish who fish for Herring or other fish and such as import fish in small vessels who meddle not with other Merchandize but not otherwise then as the Chancellor shall think fit XIX Stat. 5 R. 2.2 None shall export Gold or Silver But quaere whether this Statute be not repealed by 4 Jac. 1. XX. Stat. 17 R. 2.1 The Statute of 9 E. 3. cap. 3. shall be duly executed and none shall melt Groats or half Groats into Vessel upon the pain contained in that Statute * XXI Foreign Coin shall not be current in England but shall be brought to the bullion there to be molten into the coin of England in pain of forfeiture thereof and imprisonment neither shall there be any exchange of English money for Scotch money upon the like pain XXII Stat. 2 H. 4.5 If the Kings Searchers find any money or plate in the custody of any ready to pass beyond sea or in any ship which is to go beyond Sea it shall be forfeited to the King save the parties reasonable expences which he shall also lose unless he presently confess the truth XXIII Provided that Merchant-strangers that sell their Merchandize in England and do imploy half their money received for the same upon other merchandize of England may by the Kings licence export the other half thereof without prejudice XXIV Stat. 4 H. 4.10 A third part of all silver money which shall be brought to the Bullion shall be coined into half pence and farthings of each alike and the Coiner shall make oath so to do XXV No Goldsmith shall melt half-pence or farthings in pain to forfeit four times so much as he so melts XXVI Stat. 11 H. 4.5 Gally half-pence shall not be current in England and all Statutes formerly made concerning Money are confirmed XXVII Stat. 13 H. 4. 6 The Statute of 11 H. 4.5 and all other Statutes formerly made concerning money shall be duly put in execution XXVIII Stat. 3 H. 5. Stat. 1. It shall be Felony to utter Scotch money in payments But this Statute is now obsolete and out of use XXIX Stat. 3. H. 5.6 It shall be Treason to clip wash or file money Howbeit this Statute is repealed by 1 E. 6.12 and 1. M. Sess 1. but the same again made Treason by 5 El. 11. which see in Treason ☞ XXX Stat. 3. H. 5.7 Justices of Assize and of Peace have power to hear and determine all offences concerning false money XXXI Stat. 9 H. 5.11 No English Gold shall be received in payment but by the Kings weight XXXII Stat. 1 H. 6.1 The Kings Council may assign money to be Coined and Exchanges to be holden in as many places as they please XXXIII Stat. 2 H. 6.6 No Gold or Silver shall be exported in pain to forfeit the value thereof save only for the ransome of prisoners the reasonable costs of Souldiers passing beyond sea and money to be expended for certain Scotch commodities so as they be done by the Kings licence XXXIV Merchants-Aliens shall find sureties in the Chancery every Company for them of their Company that none of them shall export any Gold or Silver in pain to forfeit the same or the value thereof whereof the discoverer unto the Treasurer or Kings Council shall have a fourth part XXXV Stat. 2 H. 6.9 The money called Blanks are wholly prohibited XXXVI Stat. 2 H. 6.12 The Mint-master shall keep his Alloy in the making of white money according to his Indenture and shall receive silver brought to the Mint at the true value it is worth according to the same Alloy in pain to pay to the party his double damages XXXVII The Kings Assayer who ought to be a person indifferent betwixt the Mint-master and the Merchant and the controler of the Mint shall be present when any bullion is brought to the Mint to the end the Assayer may set the true value thereof in case any variance happen betwixt the Master and Merchant XXXVIII The Controllers office is every two dayes fâ—ithfully to try all silver brought in or carried out of the Mint and that without fee save what he receives of the King in pain of double damages And he ought to be a credible man and expert in the Mystery of Goldsmiths and of the Mint XXXIX The Mint-master and Exchanger shall convert into coin all Gold and Silver brought to the Mint or to the Exchange according to the form of the said Indenture upon the pain therein contained XL. Stat. 19 H. 7.5 All coins of Gold and Silver current in this Realm shall so continue for the value they were so coined for albeit some of them be cracked so as they be not clipt or otherwise diminished reasonable wearing excepted ☞ XLI If any refuse any lawful coin in payment he shall be compelled by the Officer of the place to receive it and also imprisoned or otherwise punished as such Officer shall think fit And if any Sheriff or other Officer refuse it he shall be compelled to take it by a Justice of Peace and is otherwise punishable at the discretion of such Justice XLII It shall be lawful for the owner of money clipped or otherwise impaired to exchange it at the Mint or to convert it into Plate or Bullion or otherwise to dispose thereof for his best profit XLIII To avoid clipping of silver coins hereafter the King appointeth new ones to be made with a circle about the outermost part thereof and for Gold coins that they should have the intire Scripture stamped without lacking any part thereof to the end that by the ring or Scripture it may be discerned when they were clipt or any way diminished and the Warden and Controller of the Mint are to see them thus ordered before they passe from the Mint in pain to forfeit their Offices and to be fined at the Kings will XLIV None shall transport any money I late or Bullion above 6 s. 8 d. into Ireland nor convey any of them into any Ship or other vessel in pain to forfeit them and to be imprisoned and ransomed at the Kings will XLV It shall be lawful for any to seize any Irish coin above 3 s. 4 d. brought into this Realm and to deliver it in at the
2. 31 E. 1. Ecclesiastical persons being debarred by the former Statutes to obtain lands in Mortmain by alienation endeavoured fraudulently to obtain them by default in a suit And therefore in such case it was ordained by this Statute that it should be inquired by the Countrey whether or no the demandant had a just title thereto and if so then he should recover seisin but if otherwise the Lord of the fee should enter as aforesaid And by this Statute each mean Lord hath a full half year given him after the Lord next before him until it come to the King And here also the Lords as also the King are allowed their challenges IV. After the judgement given the lands shall remain clear in the Kings hand until it be deraigned by the demandant or some other chief Lord and the Sheriff shall be charged to answer for it in the Exchequer V. Ordinatio de perquirendis libertatibus 27 E. 1. To obtain licence to make a Park or to amortize lands the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same VI. Here inquisitions of Lands that shall be found by extent to be worth yearly more then 20 s. shall be returned into the Exchequer and there the parties shall make fine for the Amortizements and for the Park if the Inquisition passe for them And afterwards the Chancellor or his Deputy shall have order to do his duty therein VII When the yearly value of the lands exceed not 20 s. the inquisition shall be returned to the Chancellor and he or his Deputy shall rate and take the fine according to the quantity of the land VIII The like shall be done by such as purchase lands holden of the King in chief IX If persons dwelling beyond Sea and having lands or rents in England are desirous to purchase Letters of protection or would make general Attorneys they shall be first sent to the Exchequer to make their fines and from thence to the Chancellor or his Deputy for that which he ought to do therein X. In like manner shall they do that will purchase any Fair Market Warren or any other liberty also such as will purchase instalment of their debts shall be sent into the Exchequer XI Also such as are unable to travel or dwell in remote parts from the Chancery which plead or be impleaded shall have a writ out of the Chancery to some sufficient man that shall receive their Attorneys when need is XII For the better remembrance of these things there shall be a tripartite Indenture made whereof one shall remain in the Chancery another in the Exchequer and the third in the Gardrobe XIII The Statute of Amortizing Lands 34 E. 1. Lands shall not be aliened in Mortmain where there be mean Lords without their consent declared under their seals Neither shall any thing passe where the donor reserveth nothing to himself or when the Inquisition is made and returned without war viz. without the Writ original returned with the Inquisition and unlesse the original make mention of every thing according to the new Ordinance devised by the King XIV The Statute of Writs for making Inquisition of Lands to be put to Mortmain Incerti temperis Writs ad quod damnum for amortizing lands shall not be granted but upon Petition in full Parliament XV. Stat. de Clero 3. 18 E. 3. If Prelates Clerks beneficed or other people of Religion being impeached for purchasing lands in Mortmain shew the Kings Charter of Licence and process thereupon made by an Inquest of ad quo ◠damnum or of the Kings Grace or by Fine they shall be in peace And albeit they cannot sufficiently shew that they have entred by due process after licence to them granted in general or in special yet they shall be well received to make a convenient fine for the same XVI Stat. 15 R. 2.5 It is within the compass of the Statue of 7 E. 1. to convert any Land into a Church-yard albeit it be done by the consent or connivence of the ter-tenant and confirmed by the Popes Bull. XVII If any be seised of any lands or other possessions to the use of any spiritual person with purpose to amortize them and whereof such spiritual person takes the profits they shall before the Feast of S. Michael next cause them to be amortized by the licence of the King and other Lords or dispose of them to some other use otherwise they shall be forfeit according to the form of the said Statute as lands purchased by people of Religion Add no such purchase to the use of such spiritual persons shall be hereafter made upon the like pain XVIII The same Law shall be of Lands or other possessions purchased to the use of Guilds and Fraternities Also lands purchased by Corporations or to their use shall be within the compass of the said Statute de Religiosis XIX Stat. 23 H. 10. If any grant of Lands or other Hereditaments shall be made in trust to the use of any Churches Chappels Church-wardens Guilds Fraternities Commonalties Companies or Brotherhoods or to have perpetual Obits or a continual service of a Priest for ever or for 60 or 80 years or to such like uses or intents All such uses intents and purposes shall be void they being no Corporations but erected either of devotion or else by common consent of the people XX. Such uses and intents may be made and declared to continue 20 years from the time of such limiting of them but no longer XXI Collateral assurances made for the defending of this Statute shall be void and this shall be interpreted most beneficially for the destruction of such uses as aforesaid XXII This Act shall not prejudice Corporations where there is a custome to devise lands in Mortmain XXIII This Act shall not prejudice the Executors of Jannis and Terry late Aldermen of Norwich ☞ Mortuaties I. Stat. 21 H. 8.6 No spiritual person his Bayliff or Lessee shall take or demand more for a Mortuary then as is hereafter expressed nor shall convent any person before any Ecclesiastical Judge for the recovery of more for the same then as is hereafter declared in pain to forfeit so much as he takes or demands more and likewise 40 s. to the party grieved to be recovered by action of debt wherein no essoin c. shall be allowed II. None shall take or demand for a Mortuary any thing at all where by the Custom they have not been usually paid nor upon the death of a Woman Covert a Child a person not keeping house a wayfaring man one not residing in the place where he happens to die nor where the goods of the dead person debts deduct d amount not to the value of 10 marks Nor above the sum of 3 s. 4 d. when they exceed not 30 l. nor above 6 s. 8 d. when they exceed 30 l. but not 40 l. nor above 10 s. when they amount to 40 l. or above And if
granted to end the quarrel and that as well in the Exchequer as elsewhere XIII Stat. 14 H. 6.1 Justices of Nisi prius have power to give their Judgments in cases of Felony and Treason as well upon acquital as attainder and thereupon also to award execution XIV Stat. 18 El. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery and the chief Justice of the Common Pleas and chief Baron of the Exchequer upon issues joyned in their several Courts or in their absence two other Justices or Barons are made Justices of Nisi prius for the County of Middlesex and may sit in Westminster-Hall or in the Exchequer within the term or four days after for the trial of issues joyned in the said Courts respectively and triable in Middlesex aforesaid to prevent interruption of proceeding in the said several Courts during the term and for the better ease of the Free-holden of Middlesex Upon which trials Tales shall be granted and all other proceedings shall pass as upon Writs of Nisi prius triable elsewhere in the Country Non-plevin I. Stat. 9 E. 3.2 None shall lose their Land by reason of Non plevin Non-suit I. Stat. 2 H. 4.7 Where before Justices of Assise the parties are adjourned for some difficulty in law upon the matter found in this case the Plaintiff shall not be non-suited albeit the verdict passe against him Non-tenure I. Stat. 25 E. 3. Stat. 5.16 By the exception of Non-tenure of parcel no Writ shall abate but only for the quantity of the Non-tenure which is alledged Northumberland I. Stat. 23 H. 6.7 The Sheriff of Northumberland shall gather no more Head-pence there in pain of 100 l. to be divided betwixt the King and the prosecutor Norwich * I. Stat. 33 H. 8.16 None shall buy within Norwich or the County of Norfolk any Worsted yarn spun in the said City or County but such as shall work it or cause it to be wrought in Norwich or elsewhere within the said County in pain to forfeit for every pound thereof otherwise imployed 40 s. to be divided betwixt the King and the prosecutor II. None shall convey beyond Sea any Worsted-yarn spun in England in pain to forfeit 40 s. for every pound to be divided as aforesaid III. Stat. 1 E. 6.6 The Statute of 33 H. 8.16 is made perpetual IV. Hat-makers dwelling in Norwich may buy Worsted-yarn called Middl usse yarn as they have used to do notwithstanding the Statute of 33 H. 8.16 so as they imploy it in Hat-making within the said City V. Stat. 56 E. 6.24 None shall make Mats Coverlets or Dornecks by himself or others or use any of those mysteries in Norwich or Norfolk unless he be admitted so to do by the Major Recorder Steward and two Justices of Peace of that City or by four of them or have been apprentice to the said Mystery by the space of seven years VI. None shall make any Hats Dornecks or Coverlets in Norfolk but only in some Corporate or Market-Town there in pain to forfeit for every six Felts 10 s. for every Coverlet 3 s. 4 d. and for every six yards of Dornecks 6 s. 8 d. VII This Act shall not extend to the Inhabitants of Pulham in Norfolk VIII The Major Recorder Steward or Justice of Peace that takes a reward for admitting any to work shall forfeit 5 l. to be divided betwixt the King and the prosecutor IX Stat. 1 2. P. M. 14. An Act for the making of Russets Sattens Sattens reverses and Fustians of Naples at Norwich and not elsewhere by which Act there is a Corporation made for that purpose and divers Articles concerning the same See the Act at large X. Stat. 39 El. 22. An establishment of the Bishoprick of Norwich and the possession thereof against a pretended concealed title made thereunto See the Statute at large ☞ Nusance I. West 2.24 13 E. 1. A Writ of Nusance shall be grantable as well against the Alienee as against the party that levied it and when it is against the party himself the Writ shall be Questus est nobis A. quod D. injuste c. Levavit domum murum mercatum alia quae sunt ad nocumentum c. But when against the Alien the Writ shall be Questus est nobis A. quod B. C. Levavâ—runt c. II. Stat. 6 R. 2.3 All Writs of Nusance called Vicomtiels shall be made at the election of the Plaintiff according to the old form or in the nature of Assizes determinable before the Justices of the one Bench or other or the Justices of assize to be taken in the County of the place assigned Oath I. SEe Magna Charta printed by Richard Tottle Anno Domini 1556. fol. 164. and 166. the Oaths of the King the Bishops the Kings Counsellors Escheators Sheriffs Majors and Bailiffs See the Oath Ex Officio Courts and Jurisdictions Ecclesiastical Numb IV. And see Title Quakers Numb I. Obligations I. Stat. 38 E. 3.4 Whereas divers people be bound in another Court out of the Realm by Instruments or otherwise it is accorded that all penal bonds in the third person be void and holden for none Odio Atia I. West 1.11 3 E. 1. Forasmuch as many being indicted of Murder and guilty thereof by favourable inquests taken by the Sheriff and by the Kings Writ of Odio Atia are replevied until the comming of the Justices in Eyre It is provided that from henceforth such Inquests shall be taken by lawful men chosen out by the oath of twelve men of whom two at the least shall be Knights who by no affinity with the Prisoners or otherwise are to be suspected ☞ Officers and Office I. Stat. 12 R. 2. The Chancellor Treasurer Keeper of the Privy Seal Steward of the Kings house the Kings Chamberlain the Clerk of the Rolls Justices of the Benches Barons of the Exchequer and all others called to name and ordain Justices of Peace Sheriffs Escheators Customers Controllers or any other Officer or Minister of the King shall be firmly sworn that they shall not name or ordain any Officers or Ministers for any gift or brocage favour or affection And none which pursueth by him or by other privily or openly to be in any such office shall be put in the same or any other but that they make all such Officers and Ministers of the best and most lawful and sufficient men in their judgments and knowledg II. Stat. 14 R. 2.10 No Customer Controller Searcher Weigher or Finder shall have any such Office for term of life but only during the Kings pleasure notwithstanding any Patent or grant to the contrary III. Stat. 17 R. 2.5 No Searcher Gauger Aulnager Finder or Weigher of Wools or other Merchandize Collector of Customs and Subsidies or Controller shall have their several Offices for â—â—erm of life or years But such Offices shall remain in the Kings 〈◊〉 and under the governance of the Treasurer with the assent of the
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
or not repairing the Church or sufficiently adorning it a Prohibition lieth not Nor for Oblations Tythes Mortuaries Pensions laying violent hands upon a Clerk Defamation when money is not demanded nor for breaking an Oath II. Stat. De Consultatione 24 E. 1. When the Chancellor or chief Justices upon sight of the Libel conceive that the Plaintiff cannot have remedy in any Temporal Court the Plaintiff shall have Consultation viz. the said Chancellor or chief Justice shall write to the Ecclesiasticall Judges before whom the cause depends that they proceed therein notwithstanding the Kings prohibition III. Artic. Cler. Cap. 1. 9 E. 2. For tythes oblations obventions or Mortuaries when they are propounded under those names the Kings Prohibition shall not hold place albeit for the long withholding of them they come to a pecuniary estimation but if an Ecclesiastical person lodge his tythes in his barn and then sell them for money if that money be demanded before a Spiritual Judge for this a prohibition lieth for by the sale they are made Temporall IV. Cap. 2. If debate arise upon the right of tythes having his original from the right of the Patronage and the quantity of the fame tythes do amount to a fourth part of the goods of the Church for this a prohibition lyeth Also if a pecuniary penance be demanded in the Court Christian a prohibition lyeth but if a Prelate enjoyn corporal penance and the party afterward Commutes for money that money is recoverable in the Court Christian and in that case a prohibition lieth not V. Cap. 3. If any lay violent hands upon a Clerk the amends for the peace broken shall be before the King and for the excommunication before a Prelate and if corporal penance be enjoyned and the offender will redeem it with money to be given to the Prelate or the party grieved it shall be required before the Prelate and the Kings prohibition lieth not VI. Cap. 4. Also in defamations the Prelates may correct notwithstanding the Kings prohibition VII Cap. 5. No prohibition shall be granted where tythe is demanded out of a Mill newly erected VIII Stat. 1 E. 3. Stat. 2.11 A prohibition is granted against those who in the Spiritual Court do sue their indictors IX Stat. 18 E. 3. Stat. 3.5 No prohibition shall be awarded but where the King hath Conusance X. Stat. 45 E. 3.3 A prohibition and an Attachment thereupon shall be granted where a suit is commenced in the Spiritual Court for the Tythes of underwood above 20 years growth in the name of sylva caedua XI Stat. 50 E. 3.4 No prohibition shall be allowed after Consultation duly granted so as the matter in the Libell be not changed ☞ Prophecies * I. Stat. 5. El. 15. None shall publish or set forth any phantastical or false Prophecie with an intent to raise sedition in pain to forfeit for the first offence 10 l. and to suffer one whole years imprisonment and for the second all his goods and to incur imprisonment during life which said forfeitures are to be divided betwixt the Queen and the prosecutor II. Justices of Assize Oyer and Terminer and Peace have power to hear and determine this offence being prosecuted within 6 months otherwise not Protection I. Stat. De Protectionibus 33 E. 1. A Challenge shall be entred against a protection of the Kings Service and if the Countrey passe against him that cast the protection it shall turn to a default if he be Tenant and if he be demandant he shall lose his Writ and shall also be amerced to the King II Stat. 25 E. 3. Stat. 5.19 Notwithstanding the Kings protection of his Debtor other Creditors may proceed to Judgment against him with a Cesset executio until the Kings debt be paid And here if the Creditors will undertake for the Kings debt they shall have execution against the Debtor both for their own debts and likewise for so much as they have paid the King III. Stat. 1. R. 2.8 No protection with the Clause of Volumus shall be allowed for Victuals taken or brought upon the Voyage or Service whereof the protection maketh mention neither yet in pleas of trespiss or contracts made after the date of the same protection IV. Stat. 13. R. 2.16 No protection with the Clause of Quia profecturus shall be allowed in any plea whereof the Suit was commenced before the date of such protection except in a Voyage where the King goeth in person or other voyages royall or in the Kings Messages Howbeit this Act shall not infringe protections with the Clause of Quia moratur and if the party protected tarry more then a convenient time in the Countrey without going to the Service or return from the Service the Chancellor having notice thereof shall repeal his protection V. Stat. 7. H. 4.4 In an Action of Debt brought against the Goalor which letteth a prisoner escape a protection shall not lie ☞ Proviso and Praemunire * I. Stat. 25. E. 3. Stat. 5.22 He that purchaseth a provision in Rome for an Abbey or priorie shall be out of the Kings protection and any man may do with him as with the Kings Enemy But this is altered by 5 El. 1. which see in Crown II. The Statute of Provisors 25 E. 3. Stat. 6. made to prevent Collations of Benefices in England by the Pope to the Provisors or procurers thereof as well Aliens as Denizens And here the penalty was imprisonment without bail until he should make fine to the King and satisfaction to the party grieved if he were taken but if not the Exigent should run against him III. Stat. 27. E. 3. Stat. 2.2 3. A Praemunire is granted against such as sue in a forreign Realm or impeach there any judgment given in any of the Kings Courts for any matter whereof the Kings Courts may take conusance The penalty is to be out of the Kings protection to forfeit all their lands and goods and to be imprisoned and ransomed at the Kings wili if they may be found but if not they shall be put in Exigent and outlawed IV. Stat. 3. R. 2 3. None shall take a Benefice of an Alien nor convey any money to him for the farm thereof in pain of a Praemunire V. Stat. 7. R. 2.12 No Alien shall purchase a Benefice in this Realm nor occupy the same without the Kings license in pain of a praemunire VI. Stat. 1.2.2.15 If any go out of the Realm to procure by way of provision a Benefice within the Realm he shall be out of the Kings protection and the Benefice shall be void VII Stat. 13. R. 2. Stat. 2.3 A Confirmation of the Statute of Provisors 25. E. 3. and if any accept of a Benefice contrary to the said Statute he shall incur a Praemunire and suffer perpetual banishment VIII Stat. 16. R. 2.5 None shall purchase Bulls or other Instruments from Rome or elsewhere in pain to incur a praemunire The Crown of England is subject to none IX Stat. 2.
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 ☞ Purprestures I. Stat. De Bigamis 4. E. 1. Purprestures or usurpatrons upon the King shall be reseised and if any complain of such reseisures h◠shall be heard and have right done him ☞ 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
Mercatoribus 13 E. 1. The Merchant shall cause his Debtor to come before the Mayor of London or before some chief Warden of a City or other good Town where the King shall appoint and before the Mayor or chief Warden or other discreet men chosen and sworn thereto when the Mayor or chief Warden cannot attend and before one of the Clerks that the King shall thereto assign when both cannot attend and to acknowledg the Debt and Day of payment which recognisance shall be enrolled by one of the said Clerks hands being known and the Roll shall be double whereof one part shall remain with the Mayor or chief Warden and the other with the said Clerk IX Then one of the Clerks shall write an Obligation whereunto the Seal of the Debtor shall be put together with the Kings Seal provided for that purpose which Seal shall have two pieces whereof one part shall remain with the Mayor or chief Warden and the other with the aforesaid Clerk X. If the debt be not paid at the day upon the Merchants accompt the Mayor or chief Warden shall cause the Debtor to be imprisoned if he be Lay and in their power there to remain at his own costs untill he have agreed the debt And the Keeper of the Prison there shall receive him in pain to answer the debt himself or if he be not able he that committed the Prison to his keeping XI If the Debtor connot be found by the Mayor or chief Warden they shall send the Recognisance under the Kings Seal into the Chancery from whence shall issue a Writ to the Sheriff of the County where the Debtor is to take his body if he be Lay and safely to keep him in prison untill he agree the debt And within a quarter of a year after he is so taken his goods and lands shall be delivered unto him to the end he may pay the debt within which time the sale of his lands shall be good XII If he do not satisfie the debt within that quarter all his lands and goods shall be delivered to the Merchants by a reasonable extent to hold them untill the debt be wholly levied nevertheless his body shall still remain in Prison and the Merchant shall find him bread and water XIII The Merchant or his assigns shall have such Seisin in the said lands that he may maintain a Writ of Novel Disseisin if he be put out and a re-disseisin also as of a freehold to him and his assigns untill the debt be paid but when the debt is levied the body of the Debtor shall be delivered together with his lands XIV In the Writ awarded by the Chancellor the Sheriff shall be directed to certifie the Justices of one of the Benches at a certain day how he hath performed the service and then the Merchant shall sue before the said Justices if he be not satisfied XV. If the Sheriff make no return of the Writ or return a tardt or that he hath directed to the Bailiff of some Franchise the Justice shall proceed according to the Statute of Westminster 2. Chap. 39. which see in return of Sheriffs and Bailiffs XVI If the Sheriff return a Non est inventus or that he is a Clerk the Merchant shall have Writs to all the Sheriffs where he hath any land that they shall deliver him all the goods and lands of the Debtor by a reasonable extent to hold to him and his assigns in form aforesaid nevertheless he may also have a Writ to what Sheriff he will to take his body if he be Lay and to detain him in manner aforesaid and then the Keeper must answer the body or the debt but yet the Debtor may sell the lands so the Merchant be not damnified by the appraisement XVII Here the Merchant shall be always allowed their damages and all necessary and reasonable costs for their labours suits delays and expences XVIII If the Debtor have sureties the like course shall be taken against them as is above limited to be taken against the principal Debtor XIX All the lands in the hands of the Debtor at the time of the Recognisance acknowledged are chargeable in whose hands soever they come afterwards but after the debt satissied they shall return to the Grantees as also the rest to the debtor XX. If the debtor or his sureties die he Merchant shall not take the body of his heir but shall have his lands as aforesaid if he be of age or at his full age untill he hath levied his debr XXI There shall be also another Seal provided that shall serve for Fairs and shall be sent to every Fair under the Kings Seal by a Clerk sworn or by a keeper of the Fair. XXII Of the Communalty of London there shall betwo Merchants chosen and sworn and the Seal shall be opened before them whereof one piece shall be delivered to the said Merchants and the other shall remain with the Clerk XXIII Before these Merchants or one of them the Recognisances shall be taken and before they be enrolled the pain of the Statute shall be openly read before the Debtor that he may not afterwards excuse himself by ignorance of the said pain XXIV For the Clerks maintenance the King shall take a peny for every pound where the Seal is except in Fairs and there peny half peny XXV This Act shall be from henceforth observed throughout England and Ireland between any that will make Recognisances except Jews to whom it dothnot extend XXVI By this Statute the Writ of Debt shall not be abated neither shall the Chancellor Justice of either Bench or Justices Errants be hereby estopped to take recognisances of debts before them acknowledged and to issue execution thereupon as hath heretofore been used XXVII Breve fundatum super Statutum praedictum Rex Vic. salutem Quia coram tali Majore vel Custode talis villae vel coram Custode sigilli nostri de Mercatoribus in nundinis de tali loco tali clerico nostro A. Recognovit debere B. tantum quod solvisse debuit tall die tali anno quod idem B. Nondum solvit ut dicit Tibi praecipimus quod corpus praedicti A. si laicus sil capias in prisona nostra salio custedirifacias quousque de praedicto debito satisfecerit qualiter hoc praeceptum nostrum fueris exccutus scire facias Justiciariis nostris apud Westm per literas tuas sigillatas babeas ibi hoc breve Teste c. XXVIII Stat. 14 E. 3.11 The Clerk of the Statute shall be resident upon his Office and shall have lands sufficient in the same County whereof he may answer to all persons if he offend XXIX Stat. 8 R. 2.4 No Judge or Clerk shall make any false entry of Pleas rase any Roll or change any Verdict in pain to be punished by fine and ransome at the Kings will XXX Stat. 5 H. 4.12 When a Statute-Merchant hath been certified into the Chancery and
here provided for the Lessee for years VI. Stat. 34 35. H. 8.20 No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or Voucher be had in any such feigned recovery or not but that after the death of every such tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the lands tenements and hereditaments so recovered according to the form of the gift in tail the said recovery notwithstanding VII And here the heirs of every such Tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his heirs VIII This Act shall not extend to prejudice the Lessee or Lessees of any such Tenant in tail made in writing indented of any Mannors Lands c. for 21 years or three lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall injoy his or their Term or Terms according to the Statute of 32 H. 8.28 which see in Leases this Act notwithstanding IX Stat. 14 El. 8. All recoveries had or prosecuted by agreement of the parties or by covin against Tenants by the curtesie Tenants in tail after possibility of issue extinct for term of life or lives or of estates determinable upon life or lives or of any lands tenements or hereditaments whereof such particular tenant is so seised or against any other with Voucher over of any such particular tenant or of any having right or title to any such particular estate shall from henceforth as against the reversioners or them in remainder and against their heirs and successors be clearly void X. This Act shall not prejudice any person that shall by good title recover any lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Re-disseisin I. Merton 3. 20 H. 3. If any be disseised of their fee-hold and before the Justices in Eyre hath recovered seisin by Assise of Novel disseisin or by confession of the disseisors and hath had seisin delivered by the Sheriff if afterwards the same disseisors disseise the Plaintiff of the same free-hold and be thereof convict they shall be imprisonod until the King hath discharged them by redemption recognition of Assize Judgement or some other way II. This is the form of punishing of such convict persons The Plaintiff shall procure a Writ from the Kings Court directed to the Sheriff and containing the plaint of disseisin done upon disseisin By this Writ the Sheriff shall be commanded that he taking with him the Keepers of the Pleas of the Crown and other lawful Knights shall in proper person go to the Land or Pasture whereof the plaint was made where if they find him disseised again the Sheriff is to do as is above provided but if not the Plaintiff shall be amerced and the other shall go quit Howbeit the Sheriff shall not execute any such plaint without the Kings special Command III. There is the like Law for such as recover their seisin by Assise of Mortdancester or by Enquests if they be re-disseised by the first disseisors IV. Marlb 8. 52 H. 3. Persons imprisoned for re-disseisin shall not be delivered with the Kings special command and shall make fine to the King for their trespass And if the Sheriff deliver any contrary to this Ordinance he shall be grievously amerced and yet the persons so delivered shall be also grievously punished for their trespass V. West 2.26 13 E. 1. In Writs of re-disseisin double damages shall be awarded and the re-disseisors shall not be repleviable by the common Writ VI. Those that recover by default redition or otherwise without recognition of Assises or Juries shall have Writs of re-disseisin as well those which recover by Assise of Novel disseisin Mortdancester or other Juries provided for by the Statute of Merton 20. Relief I. Magna Cart. 2. When Lands holden of the King in chief by Knight-service descend to an heir of full age The reliefs are as followeth For an Earldom 100 l. For a Barony 100 Marks For one whole Knights fee 100 s. And he that hath less shall give less according to the old custom of the fees Religion * I. Stat. 14. Ca. 2. Ca. 4. The Stat. of 1 Eliz. Ca. 2. recited for uniformity of Common Prayer and considered by certain Commissioners appointed by the King for reviewing and altering the same and afterward being also reviewed by the Convocation The said Book of Common Prayer so altered c. is allowed and recommended to the Parliament by the King to be used under such sanctions and penalties as the Houses of Parliament shall think fit the same is enjoyned to be red in all Churches Chappels and places of publick Worship in England Wales and Town of Barwick upon Tweed in such order as is enjoyned by the said Book annexed to the said Act. II. Every Parson Vicar or other Minister in possession of any Ecclesiastical Benefice enjoyned to read the Common Prayer upon some Lords day morning and evening before the Feast of St. Bartholomow 1662. and after such reading the same make the Declaration verbatim as followeth I. A. B. do here declare my unfained assent and consent to and every thing contained and prescribed in and by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church of England according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons Upon penalty there being no lawful impediment and within one month after such impediment removed of being deprived ipso facto as if the person neglecting or refusing so to do were dead III. All Parsons Vicars and Ministers to be after presented or put into any Ecclesiastical Benefice enjoyned to read the Common Prayer as aforesaid and to make the aforesaid Declaration within two months after they shall be in actual possession upon the same penalty as aforesaid IV. All Incumbents that reside upon their livings and keep Curates shall once every month themselves read the said Common Prayer upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace to be levyed by distress and sale of the offendors goods by Warrant from the said
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.
he is so received until final judgment given to the demandant III. Here if the demandant recover the defendant shall be grievously amerced and if he have not whereof he shall suffer imprisonment at the Kings pleasure but if he can prove his right he shall go quit IV. Stat. 13 R. 2.17 If any tenant for life in Dower by the Law of England or in tail after possibility of issue extinct be impleaded and he in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the Action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the Law without any delay whatsoever of either side And therefore here dayes of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two adversaries V. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgment pass for the demandant against them in the reversion as well as where the receit is counter-pleaded as where it is granted Residence * I. Artic. Cler. 8. 9 E. 2. Such Clerks as attend in the Kings service if they offend shall be corrected by the Ordinaries as others be Howbeit so long as they be imployed about the Exchequer they shall not be bound to keep residence in their Churches To this was added by the Kings Council The King and his Ancestors time out of mind have used that Clerks who are imployed in his service during the time they are so in his service shall not be compelled to keep residence in their Benefices and such things as be thought necessary for the King and Common-wealth ought not to be prejudicial to the Church * II. Stat. 21 H. 8.13 No spiritual person shall take to farm to himself or to any other for his use any lands or other hereditament for life years or at will in pain to forfeit ten pounds for every month he so continues the same to be divided betwixt the King and the prosecutor III. This Act shall not extend to any spiritual person for taking to farm any temporalities during the time of vacation of any Archbishopricks Bishopricks Abbeyes Priories or Collegiate Cathedral or Coventual-Churches nor to any such person who shall terder or make any traverse upon any Office concerning his Freehold IV. No spiritual person shall by himself or any other for his use buy to sell again for profit any cattel victual or Merchandize whatsoever in pain to forfeit treble the value thereof to be divided betwixt the King and the prosecutor and every such bargain shall be void V. Howbeit a spiritual person may buy horses Mares Cattel or other goods for his necessary use and imployment and in case they happen not fit for his turn may sell them again so as this be done without fraud or covin VI. Also Abbots Priors Abbesses Prioresses Provosts Presidents and Masters of Colledges and Hospitals and all other spiritual Governours and Governesses of any Houses of Religion lands of the yearly value of 800 Marks or under may use and occupy so much thereof for the maintenance of their houses as they or any of their Predecessors have done within 100 year last past notwithstanding this Act. VII Likewise Spiritual persons not having sufficient Glebe or Demesne lands in right of their Churches or houses may notwithstanding this Act for the only expences of their houses and for their carriages and journeyes take in farm other lands and buy and sell corn and cattel for the only manurance and pasturage of such Farms so as if it be done for such purposes only without fraud or covin VIII If any person having a Benefice with cure of Souls being of the yearly value of 8 l. or above accept another with cure of Souls and be Instituted and Inducted in possession of the same immediately upon such possession thereof the first Benefice shall be adjudged void and then it shall be lawful for the Patron thereof to present another as if the Incumbent had dyed or resigned any license union or other dispensation to the contrary notwithstanding IX Every license union or other dispensation obtained contrary to this Act shall be void And none shall obtain from Rome or elswhere any license union toleration or dispensation to receive any Benefice with Cure in pain of 20 l. to be divided betwixt the King and the Prosecutor X. Provided that every Spiritual person of the Kings Council may purchase license or dispensation to keep three Benefices with Cure and the Chaplains of the Kings Queens the Kings Children Brethren Sisters Unkles or Aunts may so keep each of them two XI Also an Archbishop and Duke may have each of them six Chaplains a Marquess and Earl five a Viscount and other Bishop four the Chancellor every Baron and Knight of the Garter three Every Dutchess Marchioness Countess and Baroness being Widows two the Treasurer and Comptroller of the Kings House the Kings Secretary and Dean of his Chappel the Kings Almoner and Master of the Rolls each of them two And the Chief Justice of the Kings Bench and Warden of the Cinque-ports each of them one And each of the aforesaid Chaplains may purchase license or dispensation to keep two Benefices XII Likewise the brethren and sons of Temporal Lords born in wedlock may purchase such license or dispensation to keep as many Benefices with Cure as the Chaplains of a Duke or Archbishop and the brethren or sons born in wedlock of every Knight may keep two XIII Provided that the aforesaid Chaplain shall exhibit where need shall be Letters under the Sign or Seal of the King or other their Lord and Master testifying whose Chaplains they be or else not to enjoy such plurality of Benefices XIV A so Doctors and Batchelors of Divinity Doctors of Law and Batchelors of Law-Canon admitted to their degrees by any of the Universities of this Realm and not by Grace only may purchase such license to keep two Benefices with Cure XV. And because Archbishops must use at consecration of Bishops eight Chaplains and Bishops at giving of Orders and Consecration of Churches six every of them may have two Chaplains over and above the number limited XVI Every Spiritual person that is advanced by colour of this Act to keep more Benefices with Cure then is abovelimited shall incur the penalty above provided by this Act. XVII Every Spiritual person promoted to any Arch-Deaconry Deanary or Dignity in a Monastery or Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall
of the party grieved the Kings Commission shall go out to enquire as well of the truth of the case and original matter as of the defaults aforesaid directed to sufficient men of the County at the discretion of the Lord Chancellor which Commissioners shall presently return into the Chancery the Enquests and matters before them found VIII Here during the Sheriffs or Under-Sheriffs remaining in his Office the Coroners shall impanell the Jury each of them having lands worth 10 l. per annum at least and upon each of which for making default the Coroners shall return Issues viz. for the first day 20 s. for the second 40 s. for the third 5 l. and for every day after double And all this the Coroner shall do in pain of 40 l. But in case the Sheriff or Under-Sheriff reputed in default be discharged of their Office the new Sheriff shall do that which the Coroners are above enjoyned to do and shall incur like penalty if they therein make default IX The Lord Chancellor upon knowledg of any such offence shall send the Kings Writ to the Justices of Peace Sheriff and Under-Sheriff of the same County to put the said Statute of 13 H 4.7 in execution upon the pain therein contained But although no such Writ be sent yet shall they not be excused of the said pain if they make no execution of the same Statute X. A Riot c. shall be repressed and enquired of at the Kings charge which the Sheriff shall disburse by Indenture betwixt the Justices of Peace and him and shall be answered him again upon his accompt in the Exchequer XI Persons guilty of heynous Riots shall suffer one whole years imprisonment without bail but petty Rioters shall be imprisoned as shall seem best to the King and his Council And greater fines shall be set upon Rioters then in time past in aid and supportation of the Justices and other Officers in that behalf XII All the Kings Liege People upon warning shall be assistant to the Justices Commissioners Sheriff and Under-Sheriff aforesaid upon pain of imprisonment and to make fine and ransome to the King XIII Bailiffs of Franchises shall cause sufficient men to be impanelled upon such Enquests if any such be found within their Liberties And the Ordinances and Pains aforesaid shall extend to Corporations and Liberties where they have Justices of Peace within themselyes XIV Stat. 2 H. 5.9 Upon a Bill of complaint for any Riot c. preferred by the party grieved to the Lord Chancellor for the time being together with a suggestion testifying the same under the seals of two Justices of Peace and the Sheriff of the County the said Lord Chancellor shall send forth a Capias returnable in the Chancery at a certain day by which if the parties offending or any of them be taken they shall be committed to ward or let to mainprise at the discretion of the said Lord Chancellor and shall be proceeded against as the Law requireth But if the Sheriff return Nonest inventus a Writ of Proclamation to be proclaimed two County-Court days shall go out returnable in the Kings Bench at a certain day before which if they render not themselves they shall be adjudged convict and attainted of the offence suggested XV. If the offence be committed within the County Palatine of Lancaster or other Franchise where there is a Chancellor and Seal The Lord Chancellor of England shall send a Writ to the said Chancellor commanding him to make such execution as in this Act is comprised ☞ XVI Stat. 8 H. 6.14 Two Justices of Peace of the Counties where Riots are supposed to be committed shall testifie that the common fame runneth in the same Counties of the same Riots before Capias shall be awarded according to the Statute of 2 H. 5.9 XVII If the offence be committed within a Liberty where there is a Chancellor and a Seal upon information of the Riot c. from a Justice of Peace and Sheriff there the said Chancellor hath power to award Writs of Capias and Proclamation as the Chancellor of England hath * XVIII Stat. 19 H. 7 13. If any Riot c. be committed the Sheriff upon a Precept directed unto him shall return 24 persons whereof every one shall have Freehold within the same County worth 20 s. per annum or Copyhold worth 26 s. 8 d. per annum or Copyhold and Freehold together worth 26 s. 8 d. per annum for to enquire of the said Riot c. And shall return issues upon every Juror making default viz. for the first day 20 s. and for the second 20 s. and all this the Sheriff shall do in pain of 20 l. XIX If the said Riot c. be found by reason of any maintenance or embracery of the said Jurors then shall the Justices and Sheriff or Under-Sheriff besides the certificate they are to make according to the Statute of 13 H. 4.7 certifie the name of such maintainers and embracers together with their misdemeanors in pain to forfeit 20 l. a piece which certificate shall have like force of proving the offence as a Verdict of 12 men And then such maintainers and embracers shall forfeit 20 l. a piece and remain in prison at the discretion of the Justices ☞ Robberies I. Stat. West 1. 9 E. 6.1 All persons shall be ready at the summons of the Sheriff and cry of the Countrey to pursue and arrest Felons in pain after attainder thereof to make Fine to the King II. If default be in the Lord of a Franchise the King shall feiz his Franchise but if in his Bailiff the Bailiff shall be imprisoned for a year and make fine to the King and if he have not whereof he shall suffer two years imprisonment III. If the Sheriff Coroner or other Bailiff for any reward fear or favour conceal consent to or procure to conceal any Felonies done within their Liberties or will not attach or arrest them where they may and be thereof attainted they shall suffer one years imprisonment and be grievously fined to the King if they have whereof but if not they shall suffer three years imprisonment IV. The Stat of Winchester Cap 1. 13 E. 1. Immediately upon Robberies and Felonies committed fresh suit shall be made from Town to Town and from Country to Country V. Cap. 2. When need requires Enquests shall be made in Towns by the Lord there and then in the Hundred after in the County and sometime in two three or four Counties when the felony is committed in the division of Counties Here if the Country will not answer the bodies of the offenders the people there shall be answerable for all the Robberies done and also for the damages So as the whole Hundred where the Robberies are done together with the Liberties therein shall be answerable for the Robberies there committed And if they be done in the division of two Hundreds both Hundreds together with their Franchises shall answer them And here
six weeks after conviction shall suffer instead thereof three months imprisonment without bail for the second time offending shall forfeit 20 l. or that not paid within six weeks as aforesaid shall suffer six months imprisonment without bail and the third time shall forfeit all their goods and suffer imprisonment during life IX Justices of Oyer and Terminer and Justices of Assize have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please X. This shall not restrain any private man or publick Colledges to use the said Service in such Tongues as they understand the holy Communion only excepted or any other to use Psalms or Prayers taken out of the Bible at convenient times not letting thereby the said Service XI The offences aforesaid shall be prosecuted at the next Assize or Sessions of Oyer and Terminer after they are committed And here tryal of Deers shall be by Peers XII Chief Officers of Cities and Corporations shall also hear and determine these offences within their several Precincts and so likewise shall Ecclesiastical Magistrates Howbeit none shall be punished above once for one offence XIII Stat. 5. 6 E. 6.1 Every person shall resort to his Parish-Church or Chappel or upon just let to go to some other every Sunday and Holiday in pain to be punished by the Censure of the Church XIV The Common-Prayer-Book now made perfect and annexed to this Act together with the addition of consecrating Archbishops Bishops Priests and Deacons shall be used and esteemed as by the Statute of 2. 3 E. 6.1 is ordained under the pains in that Statute expressed XV. If any shall be convicted by Verdict of twelve men before Justices of Assize Oyer Terminer or Peace in Sessions to have wittingly heard or have been present at any other form of Common-Prayer Administration of Sacraments making of Ministers or other rites then what are expressed in the said Book or which are contrary to the said Statute of 2. and 3 E. 6.1 shall for the first offence suffer six months imprisonment without bail for the second twelve months imprisonment and for the third imprisonment during life XVI Stat. 1. M. Sess 2. cap. 3. If any shall disturb a Preaches lawfully licensed he shall be by the Constables or Churchwardens of the Parish brought before a Justice of Peace who upon due accusation shall presently commit him to safe custody and within six dayes after together with another Justice shall diligently examine the fact who if they find cause shall commit him to the common Goal there to remain for three months and from thence to the next Quarter-Sessions at which upon the parties reconciliation and entring into Bond for good behaviour for one whole year at the discretion of the Justices in Sessions he shall be released but if he persist still in his obstinacy he shall remain in prison without bail untill he shall reconcile and be penitent for his offence XVII He that rescues an offender in this kind shall suffer like imprisonment as aforesaid and besides shall forfeit 5 l. to the Queen XVIII The Inhabitants of a Town that suffer such an offender to escape shall forfeit 5 l. being presented before the Justices of Peace in Sessions within the County or Corporation where the escape was made XIX Justices of Peace Assize and Oyer and Terminer and Mayor and Head-officers of Corporations have power to hear and determine these offences and to impose the fines aforesaid XX. This Act shall not restrain the jurisdiction of the Ecclesiastical Laws Howbeit none shall be punished here for one offence XXI Stat. 1 El. 1. Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by 5. 6 E. 6.1 together with the addition of certain Lessons to be used on every Sunday in the year and the form of the Letany altered and corrected and two Sentences only added in the delivery of Sacrament to Communicants XXII If any Minister shall be convicted by the Verdict of twelve men his own confession or notorious evidence of the fact to have refused to use the Church-Service or to have used any other rite Ceremony Order Form or manner then is set forth in the said Book or to have depraved the same Book or any thing therein contained he shall forfeit being a Beneficed man fon the first offence one whole years profit of all his Spiritual promotions and suffer fix months imprisonment for the second shall be deprived ipso facto whereupon every Patron may present and shall suffer one whole years imprisonment And for the third shall be also deprived as aforesaid and suffer imprisonment during life And if he be not Beneficed for the first offence he shall suffer one whole years Imprisonment and for the second imprisonment duâ—ng life XXIII If any shall be convicted to have by Enterludes Playes Songs Rhymes or otherwise depraved the said Book or to have compelled or procured the Minister to sing or say any other Church-Service or in any other form then as aforesaid or by any such means have interrupted or let the Minister to sing or say the said Service they shall for the first offence forfeit 100 Marks to the Queen or that not paid within six weeks after conviction shall suffer instead thereof six months imprisonment for the second offence shall forfeit 400 Marks or that not paid within six weeks as aforesaid shall suffer one whole years imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their Parish Church or upon let thereof to some other every Sunday and holiday upon pain to be punished by censures of the Church and also to forfeit 12 d. to be levied by the Churchwardens there for the use of the poor upon the offenders goods by way of distress XXV Justices of Oyer and Terminer and of Assize and Mayors and Head-officers of Corporations have power to hear and determine these offences unto whom the Archbishop or Bishop of the Diocess may associate himself if he please howbeit Note that by the Statute of 23 El. 1. Justices of Peace have also power to meddle therein which see in title Crown XXVI None shall be impeached by this Act unless the offence be presented at the next Sessions of Oyer and Terminer or Assize after it is committed and here tryal of a Peer shall be by Peers XXVII This Act shall not restrain Ecclesiastical Jurisdiction howbeit none shall be punished twice for one offence XXVIII Such Ornaments and Ministers of the Church shall be retained as were to be in the Church of England by the Statute of 2. 3 El. 6.1 untill the Queen shall take other order by the advice of Commissioners by her to be appointed under the Great Seal or by the advice of the Metropolitan of this Realm XXIX If any contempt or irreverence be used in the
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 ☞ 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. ☞ 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
King and his people ☞ 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 obâ—tante 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 ☞ 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 â—bail 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 ☞ 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
to be divided betwixt the Queen and the Corporation of Great Yarmouth to be imployed towards the damages of the party grieved and the repairing of the Haven there and to be recoâ—ered by seisure or otherwise by Bill Action c. LI. A barrel of 31 Gallons of Wine-measure being about 28 Gallons by the old standard which will contain usually 1000 full Herrings at least shall be taken for the Assize of Herring-barrels LII No forreign Fish shall be dryed in England to be sold in pain to forfeit the same or the value thereof to the seisor and prosecutor LIII Stat. 13 El. 15. So much of the Statute of 5 El. 5. as permits crossing the Seas with Hoyes and Plats is repealed and the Statutes of 1 El. 13. that prohibits them is revived LIV. Stat. 35 El. 7. The abovesaid penalty of 3 l. limited by the Statute of 5 El. 5. is mitigated to 20 s. and that of 40 s. to 13 s. 4 d. LV. Stat. 39 El. 10. The Queens Subjects being owners of Ships with cross-sails may take into their Ships any Fish which any Alien shall buy of any Subject and may transport the same beyond Sea in their said Ships so as such aliens pay the custome due for the same LVI All Aliens shall pay like custome for Salt Fish and Herrings by them imported into this Realm as a Subject of England pays there from whence the said Fish or Herrings were brought besides the Queens ordinary custome LVII None shall offer to sell any unwholsome Fish being warned thereof by the Officer in pain to forfeit the same And being an Alien he shall forthwith export it upon the like pain LVIII Stat. 34 El. 9. No Ordinance made by the Fishmongers in London or any other Corporation restraining any Coast-man Fisherman or other from taking bringing in putting to sale or buying of salt-fish or Herrings being wholsome shall be put in execution in pain of 100 l. LIX Stat. 1 Jac. 24. None shall make or cause to be made any cloth for Ship-sails called Mildernix and Powl-davi but such as now use the same Trade or shall be hereafter trained therein by the space of seven years together in pain to forfeit 20 s. a month LX. The said Clothes shall be made of good Hemp and 33 yards long and 3 quarters of a yard broad And they shall no be put to sale before the stuff thereof be well beaten scoured and breached and the Cloth well driven with a brazen or iron shuttle in pain to forfeit for every cloth otherwise made 5 s. LXI The forfeitures aforesaid shall be divided betwixt the King and the prosccutor LXII Stat. 12 Car. 2. cap. 14. The late proceedings touching assessing and levying an Imposition called Ship-money declared and adjudged unlawful and all Records and Process Judgments and Proceedings and enrolments thereof cancelled and made void LXIII Stat. 12 Car. 2. cap. 18. No goods shall be imported or exported out of any the Kings Islands Plantations or Territories of Asia Africa or America but in vessels belonging to the people of England Ireland Wales or Town of Berwick upon Tweed or are of them built or belonging to the said Lands or Plantations as owners thereof and whereof the Master and three fourths of the Marriners at least are English upon pain of forfeiture of all the goods and Merchandize imported or exported out of the said places and the ship or vessel and all the Ammunition and Furniture thereof one third part to the King one third part to the Governour of such Island or place where the fault shall be committed if seised by him and if not then the said third part to the King Sand the other third part to him that will seize inform or sue for the same in any Court of Record And all Admiralls and Commanders at Sea are required to seize the same as Prize-goods and prosecute them to condemnation in the Admiralty one moyety to the use of the said Commanders and their Companies according to the Rules of Prizes at Sea and the other moyety to the King LXIV Aliens shall not exercise the occupation of Merchants or Factors in any the said places upon pain of forfeiture of all the goods and chattels which be his or in his possession And all Governours of Plantations before they enter upon their Offices to take an Oath to endeavour the observance of the said Clauses and upon complaint and proof before the King of any wilfull negligence to be removed from their Governments LXV No goods or commodities whatsoever of the growth production or manufacture of Africa Asia or America or any part thereof as they are described in Maps of those places shall be imported into England Ireland or Wales Islands of Guernsey or Jersey or Town of Berwick upon Twced but in English ships in manner aforesaid upon penalty of forfeiture of the ships vessels goods and furniture thereof one moyety to the King the other moyety to him that will sue for the same in any Court of Record LXVI No Goods and Merchandize of forreign growth production or manufacture shall be brought into England Ireland Wales Guernsey or Jersey Islands in English ships but only from the places of their growth production or manufacture or the Ports where they have been first usually shipped for transportation upon pain of forfeiture of the ship or vessels goods and furniture thereof one moyety to the King the other to the informer or seiser thereof LXVII All Lings Stock-fish c. Oyl c. Whale-fins c. Imported not caught in vessels of the Owners thereof shall pay double Aliens Customs LXVIII No goods to be laded or carryed from any Port of England Ireland Wales Islands of Guernsey or Jewsey or Berwick to another in the vessel of any Alien not denizoned upon forfeiture of the vessels goods and tacklings one moyety to the King the other moyety to him that shall inform seize or sue for the same in any Court of Record LXIX Eases and abatements in the book of rates to extend only where three fourth parts of the Marriners be English during the whole Voyage LXX Goods of the growth or manufacture of Muscovy or Russia nor no sorts of Masts tymber boards c. shall be imported but in such vessels as belong to the people thereof or some of them as true owners thereof whereof the Master and three fourths of the Marriners English nor no goods of the Ottoman or Turkish Emperours dominions imported but only in Vessels of that Countrey of which the said goods are of the growth or manufacture or where such goods can be only or are most usually shipped for transportation and where of the Master and three fourths of the Marriners are of the said Countrey upon pain of forfeiture as aforesaid LXXI For preventing frauds in concealing Aliens goods all Wines of the growth of France or Germany imported into any the Ports or places of England and Ireland Wales and Berwick in any other Ship or
Vessel than belonging to the places of France c. and manned as aforesaid shall be adjudged aliens goods and pay Custonis and Duty to the Town or Port where they shall be imported And all Masts Timber-boards c. of the growth of Spain Canary Islands Portugal Madera Western Islands Muscovy or Russia imported in any other Ships than of the said places And all Turky Commodities otherwise imported than as aforesaid shall pay Customes as Aliens goods LXXII Officers of the Custome may not allow any the Priviledges aforesaid to foreign built ships nor English built ships for forein goods without certificate and proof by oath taken before them and examination whether the Master and 3 fourths of the Mariners be English or of the Countrey from whence the goods come upon pain to forfeit their places LXXIII Proviso to exempt coming from the Straights or Levant though not of the very growth of the said places LXXIII Proviso Not to restrain the importing any East-India Commodities in English-built shipping manned with Mariners as aforesaid from usual places in those Seas to the Southward though not of the said growth LXXIV Proviso That the People of England Ireland Wales Guernsey and Jersey Islands and Berwick may bring in English Ships manned as aforesaid from any Ports of Spain or Portugol or Western Islands called Azores or Madera or Canary Islands all sorts of Commodities of their growth manufacture or Plantations LXXV Proviso Not to extend to Bullion or Goods taken by reprisal by any Ship of England Ireland Wales Guernsey Jersey Islands or Berwick Navigated as aforesaid and having Commission from the King LXXVI Proviso Not to extend to lay Aliens duties upon Corn and certain other goods of Scotland imported in Scotch Ships Navigated by 3 fourths of the Kings Subjects nor to Seal Oyls of Kussia LXXVII Proviso Imposing duties upon certain French Ships to continue so long as a certain duty of 50 Soulz per Tun upon English by the French shall be payable and 3 months after and no longer LXXVIII Sugars Tobacco Cotton Wooll Indico Ginger Fustick or other dying Wood of the production of America Asia or Africa shall not be shipt or conveyed from any the said Plantations but such other as belong to the King or to England Ireland or Wales and there laid on shore upon pain of forfeiture one moity to the King the other moity to the Informer LXXIX Ships of England Ireland or VVales sailing to any English Plantation in America Asia or Africa shall give sufficient sureties to bring goods there laded into England Ireland VVales or Berwick upon Tweâ—d And likewise Ships coming from other Plantations shall give the like Sureties and shall bring Certificates to the respective Governors of the said Plantations from the Officers of the Custome-House of England c. of their having given suâ—h Bonds upon pain of forfeiture of the Ships offending their Goods Tacklings c. And the said respective Governors to return the Bonds so taken twice every year to the chief Officers of the Custome-House of London LXXX Stat. 13 Car. 2. cap. 9. Articles to be observed for the Publique Worship of God punishing certain offences and for the regulating and better governing of the Kings Navies Ships of War and Forces by Sea And impowring the Lord Admiral to grant Commissions to call Court-Marshals LXXXI All faults misdemeanors and disorders committed aâ— Sea not mentioned in the Act to be punished according to the Laws and Customs in such cases used at Sea LXXXII Proviso Not to extend to give the Lord Admiral of England or other his Officers any other Power Jurisdiction or Authority then they ought to have before this Act other then touching the said offences mentioned in the said Articles done upon the main Sea or in Ships or Vessels in the main stream of great Rivers only beneath the Bridges nigh the Sea within the Jurisdiction of the Admiralty and committed only by such persons as be in actual service and pay in the Kings Fleet or Ships at Sea LXXXIII Stat. 16 Car. 2. cap. 7. An Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to his Majesties Navy Royal. Vid. the Act being but upon continuance for two years from the First of June 1664. And from thence to the end of the next Session of Parliament LXXXIV Stat. 16 Car. 2. cap. 8. An Act to prevent the delivering up of Merchants ships to Pyrats and Sea-Rovers having sufficient to defend themselves Vid the Act being but upon Continuance for 3 years and from thence to the end of the next Session of Parliament and no longer Silk * I. Stat. 19 H. 7.21 None shall bring or cause to be brought into England any Silk wrought by it self or with other stuff out of England in Riband Laces Girdles Corses Calles Corses or Tissues or Points in pain to forfeit the same or the value thereof to be divided betwixt the King and the seisor or prosecutor But all other Silk both wrought and raw may be imported and sold at pleasure II. Stat. 14 Car. 2. cap. 15. An Act incotporating and for regulating ordering and managing the Trade and Mystery of Silk-throwing See the Act. Southampton I. Stat. 11 H. 7.5 Every man may pull down the Wears and Engines in the Haven of Southampton between Calshord and Rebridge And whosoever levieth any other there shall pay 100 l. to the King II. Stat. 14 H. 8.13 A confirmation of 11 H. 7.5 and the same made perpetual III. Stat. 4 Jac. 10. An Act was made for the confirmation of some part of a Charter granted by H. 6. to the Mayor Bailiffs and Burgesses of Southampton and for the relief of the Town See the Statute at large Spice I. Stat. 1. 19 Jac. 19. All Spice Drugs and other Merchandize Garbleable shall for the fees usually allowed be sufficiently cleansed and Garbled and afterwards sealed by the Garbler thereto appointed or his Deputy before they be sold in pain to forfeit them or the value thereof Also such as after Garbling shall be again mixed with Garble shall likewise be forfeit II. It shall be lawful for the said Garbler to search in Shops Cellars Ware-houses and other places for wares ungarbled and if he find any such to cause them to be Garbled III. The forfeitures of this Act are to be divided betwixt the King and the prosecutor IV. Spices or other Garbleable Merchandize imported and afterwards within eight months exported without being sold or Garbled shall not be within the danger of this Act. Spiritual Laws I. Stat. 13 El. 12. Every Spiritual person under the degree of a Bishop pretending to be a Priest or Minister of the Word by any other form of Institution or Consecration then that established by E. 6. or now used shall before Christmas next in the presence of the Bishop or Guardian of the Spiritualties of the Diocess where he hath his Benefice declare his assent and subscribe to the Articles of Religion
put forth by the Queens Authority and shall bring from such Bishop or Guardian under his seal a Testimonial thereof and publikely on some Sunday at Evening-prayer where his Benefice is read the said Testimonial and Articles in pain to be ipso facto deprived of all his Spiritual Promotions as if he were dead II. If any Ecclesiastical person having a Benefice shall maintain any Doctrine repugnant to the said Articles and being therefore convented before the Bishop Ordinary or High Commission shall persist therein or after revocation thereof shall affirm the same again it shall be lawful for such Bishop Ordinary or High Commission to deprive him III. None shall be admitted to a Benefice with Cure unless he be a Deacon and of the age of 23 years and shall subscribe the said Articles in the presence of the Ordinary and publikely read them in the Church of his Benefice and declare his assent thereunto IV. Every person hereafter to be admitted to a Benefice with Cure shall within two months after his Induction publikely read the said Articles in the Church whereof he hath the Cure in Common-prayer-time with declaration of his assent thereunto and be admitted to administer the Sacraments within one year after his said Induction if he be not admitted before in pain upon every such default to be deprived ipso facto V. None shall be made Minister or admitted to preach or administer the Sacraments under the age of 24 years nor unless he first bring to the Bishop from four known to the Bishop to be of sound Religion a Testimonial of his life and Doctrine expressed in the said Articles and be able to render an account of his Faith in Latine according to the said Articles or have special gift or ability to be a Preacher Neither shall any be admitted to be a Deacon or Minister unless he first subscribe the said Articles VI. None shall be admitted to a Benefice with Cure af 30 l. per annum in the Queens books unless he be a Batchelor of Divinity or a Preacher lawfully allowed by some Bishop or one of the Universities VII All Admissions Institutions Inductions to Benefices and all tolerations dispensations qualifications and licenses whatsoever to the contrary hereof shall be void in Law VIII Provided That no title to confer or present by lapse shall accrue upon any deprivation ipso sacto but after six months after notice of such deprivation given by the Ordinary to the Patron Spiritualty I. Stat. 4 H. 4.2 Pars inde The Statutes made in the 25 of E. 3. touching the Clergy of England shall be put in execution II. Stat. 4 H. 4.3 All Statutes Ordinances and Grants made by the Kings Progenitors Kings of England to the Clergy of England for the conversion of their Liberties and Priviledges and of the Liberties and Muniments of Holy Church not revoked shall be firmly observed and put in due execution Stanes I. Stat. 1 H. 8.9 An Act concerning the maintaining of the Bridge and Causey of Stanes and for the gathering of the toll there and the Letters Patents made of the toll there shall be void See the Statute at large Staple I. Stat. 2 E. 3.9 All Staples shall cease and all Merchants may come in and go out with their Merchandize at their pleasure according to the great Charter II. The Statute of the Staple Cap. 1. 27 E. 3. The Staple of English Wooll Leathers Woolfels and Lead shall be holden for England at Newcastle upon Tine York Lincoln Norwich Westminster Canterbury Chichester Winchester Excester and Bristol For Wales at Carmardin And for Ireland at Dublin Waterford Cork and Drogheda and not elsewhere III. When the said Merchandize is to be exported they shall be first brought to the said Staples to be Weighed by the standard and every sack and sarplet of wooll so weighed shall be sealed under the seal of the Mayor of the Staple IV. The wools so weighed and sealed at York Lincoln Norwich Westmiaster Canterbury and Winchoster and also Leather Woolfels and Lead which shall be brought thither the customes of the Staple being paid shall be witnessed by Bill under the seal of the Mayor of the Staple and shall be from thence conveyed to the Ports following viz. from York to Hull from Lincoln to Saint Bottolf alias Boston from Norwich to great Yarmouth from Westminster to London from Canterbury to Sandwich and from Winchester to South-hampton And there the Woolls and Lead shall be again weighed by the Customers assigned in the same Ports But the Woolls and Lead brought to Newcastle Chichester Exeter Bristol Carmerdin Dublin Waterford Cork and Drogheda shall be once weighed by the Standard in those several Ports in the presence of the Customers there V. An Indenture shall be made at the said Ports betwixt the Mayor of the Staple and the Customers there of all Wools Lead Lea her and Woolfels brought thither And they also shall be there customed and cocketed and the custom thereof duly paid which shall be for Denizens half a Mark for a sack of wooll and as much for 300 woolfels and a Mark for a last of Leather but for Aliens 10 s. for a sack of Wool 10 s. for a 1000 woolfels and 20 s. for a last of Leather and 3 d. for every Sow of Lead VI. The said Merchandize shall be transported beyond Sea from the said Ports by Merchant-strangers and not by English Welsh or Irish VIII Neither the Mayor nor Customers shall delay any man for gain nor take any more than appertaineth to their Offices in pain of imprisonment and to answer the party double of what is so taken together with his damages occasioned by such taking or delay and besides shall be ransomed at the Kings will VIII The Mayor of the Staple and the Customers shall take an oath of all Merchants that so transport the said Merchandize that they shall hold no Staple thereof beyond Sea IX Statutum Stapul cap. 4. None going to or coming from the Staple shall be disturbed by the Purveyors of the King or any other saving â—o the King all prices Royal and all carriages and victual as hath been accustomed X. Every Carrier returning from the staple shall have a Bill under the Mayors seal testifying that he serveth the Staple and containing his journeys home which Bill shall be freely granted and the Mayor shall be sworn to give no Bills to any but such as serve the Staple XI If any thing pertaining to the Staple be so taken Hue and Cry shall be levied after the offender by the Town where it is so taken or by the next and if it be within the Verge the offender shall be punished by the Kings Steward and Marshall but if out of the Vierge he shall be conveyed to the Goal and suffer as a Felon if the offence require it XII If the Town and Towns be negligent to arrest the offender the four Towns next adjoyning shall answer the party grieved his damages if they
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 ☞ 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 ☞ 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 ☞ 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 ☞ 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 Pomsrâ—t Gâ—antham Exeter Ipswich Southampton Great Yarmouth Oxsord Great Wâ—combe 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 Wincheâ—â—er 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 â—in 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
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
he should think fit LVI Stat. 33 H. 13. Hope Asaph Hawarden Moldesale Mereford and Osâ—lâ—y shall be reputed to be within the County of Flint as part thereof and not in any other County Howbeit they shall pay their taxes with the Inhabitants of such Shire or Shires as hath been formerly accustomed LVII Also Hope Modesdale Mereford Oseley and Hawarden shall be called the Hundred of Modesdale in the County of Flint and Asaph shall be reputed parcel of the Hundred of Ruthland in the same County LVIII Stat. 34 35. H. 8.26 VVales shall be divided into twelve Counties whereof eight were ancient Counties viz. Glamorgan Caermarthen Pembroke Cardigan Flint Carnarvan Anglesey and Merioneth also four other were made by the Stat. of 27 H. 8.26 viz. Radnor Breknoke Mountgomery and Denbigh besides the County of Monmouth and divers Lordships united to the Counties of Salop Hereford and Glocester LIX The limitations of Hundreds lately made within the said Counties by Commission out of the Chancery and again returned thither shall stand in force except such of the same as have been since altered by any Act and shall be altered by this LX. There shall remain a President and Council in VVales and the Marches thereof with officers and incidents thereunto as hath been used which President and Council shall hear and determine such causes as shall be assigned to them by the King as heretofore hath also been used LXI Sessions shall be kept twice a year in the Counties of Glamorgan Breknoke Radnor Caermarthen Pembroke Cardigan Mountgomery Denbigh Carnarvan Flint Merioneth and Anglesey which Sessions shall be called the Kings great Sessions LXII The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh Flint and Mountgomery for his old Fee of 100 l. per Annum LXIII The Justices of North-VVales shall do the like in the Counties of Carnarvan Merioneth and Anglesey and shall have a Fee of 50 l. per annum LXIV A person learned in the Law to be appointed by the King shall be Justice in the Counties of Radnor Breknoke and Glamorgan and shall likewise hold Sessions twice a year and have for his Fee 50 l. per annum LXV Another such person to be appointed as aforesaid shall be Justice in the Counties of Caermarthen Pembroke and Cardigan and shall hold Sessions and have fee as aforesaid LXVI The said Justices shall have Commissions under the great Seal for their Offices to be executed by themselves or their Deputies LXVII These Justices may hold pleas for the Crown in as large manner as the Lord chief Justice or the other Justices of that Bench may do and also pleas of Assizes and all other pleas and actions real personal and mixt in as large manner as the Chief Justice of the Common Pleas or the other Justices of that Court may do LXVIII They shall also enquire hear and determine all criminall offences whatsoever committed within their several limits and administer common justice to all the Kings Subjects there according to the Laws Statutes and Customs of England and this present Ordinance LXIX The said Sessions shall each of them hold six days as hath been used in North-wales and notice thereof shall be given by Proclamation fifteen days at least before they keep the same LXX Dayes shall be given in all Pleas Plaints Process and adjournments from day to day and Sessions to Sessions at the discretion of the said Justices for the good and speedy administration of Justice LXXI The seal for the three Counties of North Wales viz. Merioneth Carnarvan and Anglesey shall remain in the custody of the Chamberlain of North-Wales The seal for Carmarthen Pembroke and Cardigan with the Chamberlain of South-Wales That for Breknoke Radnor and Glamorgan with the Steward and Chamberlain of Breknoke That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh And that for Flint with the Chamberlain of Chester LXXII The said Stewards and Chamberlains shall with the Seals Seal all Original Writs and Process returnable before the Justices at the Sessions as aforesaid and shall answer the profits thereof to the King But none of them or any Chancellor shall by occasion of keeping such Seals compel any person inhabiting in any of the said 12 Shires to appear before themselves or their Deputies or hear or determine any pleas or causes whatsoever otherwise then as by this Ordinance is limited And such writs and process shall be returned before the said Justices as hath been used before the Justice of North-Wales LXXIII All that shall be Stewards Chamberlains or Chancellors within any of the said twelve Shires having Offices of Receipt Collection or account of any of the Kings Rents Revenues or profits there may direct process under the said Seal being in their charge within the limits of their Authorities against Bailiffs Reeves Farmers and other Ministers accomptant to appear before themselves for any such Rents Revenues Farms or Profit as hath been heretofore used But for nothing else nor to any other person LXXIV The Steward 's also may hold Leets Law-dayes or Court Barons of the Lordships whereof they are Stewards and also pleas by plaint under 40 s. in every such Court-Baron and have and enjoy all authorities and profits thereunto belonging notwithstanding any Law or Custome in Wales to the contrary Howbeit neither they nor Sheriffs shall have power to enquire of Felonies in any such Leet Law-day or Turn Neither shall they keep any Leet or Law-day but in such places where they were used to be kept before the Statute of 26 H. 8.6 So as the place be convenient for the keeping of such Courts LXXV Mayors Bailiffs and Head-Officers of Corporate towns in Wales may hold pleas and determine Actions so as they observe the Laws of England and not Welsh Laws or Customs They may also try issues by six men as in divers places hath been used notwithstanding this Act. LXXVI The King may within seven years dissolve Boroughs in Wales and erect others there by his Letters Pattents LXXVII Officers certain fees appearing in the Kings Letters Pattents shall continue but not their casual fees claimed by colour of their offices any Custome in Wales or this Act to the contrary notwithstanding LXXVIII Each Justice shall also have a judicial seal to seal all bills and judicial processes sued before them in the Sessions whereof the first shall remain with the Justice of Chester for Flint Denby and Mountgomery The second with the Justice of North Wales The third with the Justice of Glamorgan Breknoke and Radnor And the fourth with the Justice of Pembroke Caermarthen and Cardigan Also every such Justice shall accompt and answer to the King the profits of the seal in his custody as shall be hereafter declared And the Teste of every bill and process that passeth under such seal shall be under the name of the Justice that issueth it out as is used in the Common-Pleas in England LXXIX All Actions real
and mixt attaints conspiracies Assizes Quare Impedits appeals of murder and felony and all actions grounded upon any Statute shall be sued by Original Writs sealed with the Original Seal and returnable before the Justices at their Sessions but all personal actions as debt detinue trespass account and the like amounting to the sum of 40 s. or above shall be sued by such Writs original or by bills at the election of the Plaintiff as is used in North Wales LXXX All personal actions under the sum of 40 shillings may be sued by original Bill as is also used in North Wales sealed by the judicial seal remaining in the custody of the Justice LXXXI The Fee for sealing every original Writ upon the causes aforesaid and for every Bill in Actions personal when the debt and damages amount to 40 s. or above is six pence and for every judicial process sued upon any such original Writ or bill seven pence whereof the King shall have six pence and the Justice one penny And for every bill in personal actions when the debt and damages amount not to forty shillings and for every judicial process to be sued upon the same 3 d. whereof the King is to have 2 d. and the Justice 1 d. LXXXII All Writs of Scire facias and writs of Good Abearing or for the Peace or writs of Supersedeas upon the same and all other process sued before the Justices upon any Record or Suggestion shall be sealed with the Judicial Seal for which the Plaintiff shall pay seven pence whereof the King is to have six pence and the Justice 1 d. LXXXIII Every exemplification upon any Record shall be Sealed by the Judicial Seal for which the Plaintiff shall pay 20 pence whereof the King is to have 16 pence and the Justice four pence LXXXIV Recoveries and Fines Concords and Warrants of Attorney for the same may be taken before the said Justices of lands tenements and hereditaments within their authority by force of his general Commission without any dedimus as is used before the Chief Justice of the Common-Pleas LXXXV All fines levied before any of the Justices with Proclamation made the same Sessions it shall be engrossed and in two other great Sessions then next following shall be of the same force as Fines levyed with Proclamations before the Justices of the Common-Pleas LXXXVI Every person suing Writs of Entry in the Post or Writs of Covenant or any other Writs for any recovery to be had by assent or otherwise or for any fine to be levied shall pay fines to the Kings use for the same as well fines pro licentia concordandi as all other fines as is used in Chancery or elswhere in the Kings Courts of England which fines shall be paid to such persons as shall Seal the Original Writs for that purpose who shall accompt for the same as they do for the profits of the said Original Seal LXXXVII Also the Kings silver upon every such fine shall be paid as is used in the Common-Pleas of England viz. 2 s. and shall be received by the Justice before whom such fine is levied whereof the King shall have 16 d. the Prothonotary for entring it 2 d. and the Justice the rest who shall accompt for the Kings profit as he doth for the profits of the Judicial Seal LXXXVIII The four said Justices shall have each of them a Prothonotary to attend upon them for the entring of all Pleas Process and matters of Record in Sessions to be holden before the said Justices LXXXIX There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do which Officers shall attend upon the said Justices in their Circuits in proper person and not by Deputy XC The Marshall shall have upon every judgment and every fine 4 d. and the Cryer 1 d. and the like fees shall be paid upon the acquittal of felons and of such as be delivered by Proclamation or out of common mainprise XCI Here also are set down the fees that the Prothonotaries shall take for Writs Entries Judgments c. for which see the Statute at large XCII The King shall have all fines issues amerciaments and recognizances forfeited which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit that process may be awarded to the Sheriff to levy them for the Kings use which Sheriffs shall yearly accompt before the Kings Auditors to be thereunto assigned XCIII Besides the President Council and Justices aforesaid there shall be Justices of Peace and Quorum and also one Custos Râ—tulorum in every of the said 12 Counties who shall be appointed by the Chancellor of England by Commission under the Great Seal with the advice of the President Council and Justices aforesaid or three of them whereof the President to be one XCIV There shall not be more then 8 Justices of Peace in any of the said 12 Shires besides the President Council and Justices aforesaid and the Kings Attorney and Sollicitor all which persons shall be also put in every such Commission XCV These Justices of Peace shall be of good name and fame and may exercise their Office albeit they have not 20 l. per annum or be not learned in the Law but before they shall execute their Commission they shall take such Oath as Justices of Peace in England use to take before the Chancellor of England or else before the President or one of the same Justices of Wales by dedimus or before some other to be appointed by the Lord Chancellor for the purpose XCVI The said Justices of Peace or two of them at least 1. Qu. shall keep their Sessions four times in the year and at other times also upon urgent cases as Justices of Peace in England use to do for which they shall also have such allowances for themselves and their Clerks as the Justices in England have XCVII Here the fee for a Warrant of the peace or good abearing is 6 d. for entring of pledges to pay the King a fine upon an indictment 9 d. and if it be with protestation 12 d. for a supersedeas 8 d. and for a recognizance 12 d. XCVIII These Justices of Peace shall certify Recognizances taken before any of them for the Peace and good abearing into the next Sessions but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them upon such penalties as be therefore ordained XCIX All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least 1. Qu. and shall be duly set without partiality C. All such fines and amerciaments as also all issues lost forfeited recognizances and other forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer appointed for that limit to the end that processes may
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 ☞ 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 Bailâ—ffs 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
between Tine and Tees fees of Earls and Barons in the Marches where the Kings writ runs not and where such Archbishops Bishops Earls and Barons ought to have such Wards albeit they hold of the King in some other place XXXII Prerog Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward whether his lands have appertained to the Crown of ancient continuance or came by Escheat being in the Kings hands or by reason of another wardship without respect of priority or posteriority of feoffment albeit such heir held also of others XXXIII Prerog Reg. 6. 17 E. 2. If a Woman before her ancestors death that held of the King in chief be married before her age of consent the King shall have the ward of her body untill her age of consent and then it is at her election whether she will have him whom she first married or him whom the King will offer her XXXIV None that holds of the King in chief by Knight-service shall without the Kings licence alien so much of his lands that the residue is not sufficient to do his service Howbeit this is not to be understood of members and parcels of such lands XXXV Stat. 14 E. 3. Stat. 1.13 After the death of the Kings tenant in chief the Escheator shall cause to be seised into the Kings hands the lands as to their office appertains without doing waste in houses Woods Parks Ponds or other extortions which may tend to the damage of the heir and forthwith after the Diem clausit extremum delivered to him shall make return thereof by a good and true extent in the Chancery XXXVI After such return if the next friends of the heir to whom the inheritance cannot descend shall come and offer to take the said lands untill the heir be at age and to give for the same as much as another without fraud by accord of the Chancellor and Treasurer they shall have Commission to keep them upon good security untill his full age answering to the King the value thereof XXXVII Howbeit this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers the Heir also may have like Action against them when he comes to age XXXVIII Stat. 39 H. 6.2 Women being of the age of 16 years at the time of the death of their Ancestors shall have livery of their lands descended to them XXXIX Stat. 4 H. 7.17 The Statute of Marlb 6. 52 H. 3. before 4. is confirmed XL. The Lord of Cestuy que use no Will of his Ancestor being declared in his life time shall have a Writ of right of Ward for the body and the land and the heir of Cestuy que use being at full age at the death of his ancestor shall pay relief the heir also of Cestuy-que use shall have like action of waste as if his ancestor had dyed seised and if the Lord be barred in his Writ of right of Ward the Defendant shall recover damages The Court of Wards Vide Courts Numb XXXIV VVares I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea any girdles harness for girdles Rapiers Daggers Knives Hilts Pummels Lockets Chapes Dagger-blades Handles Scabbards or Sheaths for Knives Saddles Horsharness Stirrops Bits Gloves Points Leather laces or Pinnes being ready wrought beyond Sea to be sold bartered or exchanged in this Realm or Wales in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor VVarranty I. The Statute of Bigamy 6. 4 E. 1. Indeeds conteining Dedi concessi tale tenementum without non-age or any clause of Warranty and to be holden of the donors and their heirs by a certain service in this case the donors and their heirs are bound to Warranty But where the deed is dedi concessi c. to be holden of the chief Lord of the fee or of other and not of the feoffors and their heirs reserving no service and without homage and the aforesaid clause here the feoffors Heirs shall not be bound to Warranty Howbeit the feoffor himself during his life by force of his own gift is bound to warrant II. The Statute of Glocester 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land his son having no ossets by descent shall not be barred to recover the land by a Writ of Mortdancester of the seisin of his mother albeit his fathers deed mentioneth that he and his heirs shall be bound to warranty but in case any land descend to the heir of his fathers side he shall be barred for the value of the inheritance so descended III. Also if afterwards any inheritance descend to him by the same father the tenant shall recover against him of the seisin of his mother by a Judicial writ to be issued out of the Rolls of the Justices before whom the plea was pleaded to resummon his warranty as hath been heretofore used in cases where the warrantor pleads â—iens per descent from him by whose deed he is vouched IV. Likewise the issue of the son may recover by Writ of Cousinage Ayel and Besayel neither shall the heir of the Wife be barred of his action after the death of his father and mother by writ of Entry for land which his Father did alien in the time of his mother whereof no fine is levyed in the Kings Court. Warr. I. Stat. 1 E. 3.7 Whereas Commissioners have heretofore prepared men of Arms and conveyed them to the King of Scotland Gascoigne and elswhere at the charge of the Shires whereby the Commons have been much impoverished The King wills That it shall be done so no more II. Stat. 18 E. 3.7 Men of Arms Hoblers and Archers chosen to go in the Kings service out of England shall be at the Kings wages from the day that they depart out of the Countreys where they are levied till their return III. Stat. 25 E. 3. Stat. 5.8 None shall be constrained to find men of Arms Hoblers or Archers but by tenure of land or grant in Parliament IV. Stat. 4 H. 4.13 The Statutes of 1 E. 3.7 18 E. 3.7 and 25 E. 3. Stat. 5.8 shall be holden in all points yet so as Lords and all others that have lands in Wales or the Marches thereof or hold of the King by Escuage or other service shall in no wise be excused of their service and devoirs due to the King for their lands fees annuities pensions or other profits V. Stat. 11 H. 7.18 Every person in England and Wales having any office fee or annuity of the Kings grant shall personally attend upon him when he goes himself in person in the Wars unless he have the Kings licence or be letted upon some just cause well proved in pain to forfeit such office fee and annuity Howbeit this Act shall not extend to any spiritual person the Master of the Rolls or other
County to inquire hear and determine upon the points aforesaid and to inflict punishment according to the trespass XXX Statutum Stapul 27 E. 3.10 There shall be one weight and one measure and none shall use any deceit in weighing commodities by an uneven tongue of the ballance or by putting hand foot or other touch in pain to forfeit the value of the commomodities so weighed to suffer one years imprisonment and to be ransomed at the Kings will and the party grieved shall recoveâ— quadruple damages XXXI There shall be Justices assigned to enquire of such trespasses and to do right as well at the Kings Suit as at the suit of the party XXXII Stat. 13 R. 2.9 There shall be one weight and and measure throughout England and he that shall be convicted to have used any other shall suffer six months imprisonment and yield double damages to the party grieved except in Lancashire XXXIII Stat. 15 R. 2.4 Eight bushels of Corn striked shall be accounted a Quarter as well by Water as by Land and none shall buy otherwise in pain to forfeit the Corn or Malt bought XXXIV Stat. 16 R. 2.3 All Weights and Measures shall be according to the Standard of the Exchequer And the Clerk of the Market shall have all his weights and measures ready together with marks of the Exchequer and shall carry and bring them with him when he makes essay of Weights and Measures neither shall he nor any other use any other upon the pains ordained by former Statutes XXXV Stat. 1 H. 5.10 No Purveyor of the King nor any other shall buy or take any Corn by any other measure than eight Bushels striked for the Quarter and payment shall be made in hand for the carriage XXXVI If any Purveyor offend herein he shall incur a years imprisonment and forfeit 5 l. to the King and as much to the party grieved And nothing shall be taken for the measuring of Corn. XXXVII Justices of Peace have power to hear and determine these offences XXXVIII Stat. 2 H. 6.11 The Tun of Wine shall contain 252 gallons English measure the Pipe 126 gallons the Barrel of Herrings or Eels shall contain 30 gallons the Butt of Salmon 84 gallons and so of other lesser measure after the same rate XXXIX None shall import or make any vessel contrary to this Act in pain to forfeit the Commodities therein contained to the Lord of the Town where they are found whereof the Prosecutor shall have the fourth part XL. Justices of Peace and Mayors and Bailiffs having power to inquire of the Peace have power to hear and determine these offences XLI Stat. 8 H. 6.5 Every City Borough and Town within England shall have a common Balance with common weights sealed and according to the Standard of the Exchequer upon the common costs of the said City Borough or Town in the keeping of the head Officer or Constable there in pain that the City for such default shall forfeit 10 l. to the King the Borough 5 l. and every other Town 40 s. XLII At this Balance all the Inhabitants may weigh gratis but a forreigner shall for every draught under 40 l. pay a farthing for a draught betwixt 40 l. and an hundred an half penny and for a draught betwixt an hundred and a thousand a penny whereof the weights shall be maintained and the Officers which attend that service rewarded at the discretion of the said inhabitants XLIII Justices of Peace Mayors Bayliffs and Stewards of Franchises have power to hear and determine these offences XLIV Stat. 9 H. 6.6 The Burgesses of Dorchester shall not be disturbed by the Statute of 8 H. 6.5 to use their weighing within 12 miles compass of that Town so as they use such weights as in the said Statute are expressed XLV Stat. 9 H. 6.8 A weigh of Cheese shall contain 32 Cloves and every Clove seven pound XLVI Stat. 11 H. 6.8 The Stat. of 1 H. 5.10 and 8 H. 6.5 shall be duly put in execution ALVII In every City Borough and Town there shall be a common bushel sealed and according to the Standard in like manner and pain as in the said Statute of 8 H. 6.5 is specified for a common balance XLVII All Justices of Peace Mayors and Head-Officers shall have power to hear and determine the offences committed against the said Statutes by examination or inquisition and as well at the suit of the King as of the party grieved XLIX The Mayor of London and all other Mayors and Bayliffs on their oaths shall be charged to keep and execute all the said Statutes and shall be accountable in the Exchequer for all profits and forfeitures which shall grow due thereupon to the King L. Stat. 1 R. 3.13 The contents of every vessel of Wine and Oyl and they shall not be sold until they be gauged by an officer to be appointed by the King for that purpose The Measures are these a Tun of wine 252 gallons A Pipe 126. A Tertian 84. A Hogshead 63. A Barrel 31 and a half and a Rundlet 18 and an half LI. Stat. 7 H. 7.4 Or according to Rastal Cap. 3. Measures and Weights of brass shall be sent to every City and Borough there to be kept as their treasure according to which all Measures and Weights in every County shall be reformed LII The Mayor or chief Officer of every such place shall have a special mark wherewith he shall seal the said measures and weights And shall take for sealing of a Bushel a penny and of every other measure an half penny For an hundred weight a penny for half an hundred an half peny And for every less weight a farthing LIII If he refuseth or delayeth to seal them or do any thing contrary to this Act he shall forfeit 40 s. to be divided betwixt the King and the party grieved and to be recovered by action of debt wherein no wager of Law shall be admitted LIV. Justices of Peace have power to hear and determine the said defaults LV. Stat. 11 H. 7.4 Measures and Weights of brass shall be sent to Cities and Boroughs there especially named LVI Only Cities Boroughs and Market-Towns shall be enjoyned to have common balances weights and measures and all other Towns shall be excused notwithstanding the Statutes of 8 H. 3.6 and 11 H. 6.8 above mentioned LVII The Mayors and chief Officers of the said Cities Boroughs and Market-Towns which shall have delivered unto them such weights and measures sealed with the letter H. crowned or with the first letter of the name of the King of England for the time being shall have authority and power to sign like weights and measures unto any of the Kings Subjects duly requiring the same taking for the marking of every bushel only one peny LVIII None shall buy or sell with any other weights or measures in any City Borough or Market-Town but such as are so marked nor in any other place with a bushel which is not so marked LIX
thereupon XX. The savings in this Act and in that of 32 H. 8.1 of custody wardship relief and primer seisin to the King and of custody and wardship to other Lords shall be expounded thus That the King shall have for his full third part such mannors lands and tenements as shall descend as well in fee-tail as in fee-simple to the heir of the person that made such Will or disposition as aforesaid and that the will or gift of the two parts shall be good in Law albeit the will or gift be made of all the fee-simple lands or the more part thereof Howbeit if the King have not a full third part left him he shall take out of the two parts so much as shall make it up to be severed by commission as aforesaid and such advantage also is given to other Lords for their third parts and the like shall both the King and they do in case their third parts or any parcel of them be evicted from them or determined XXI A Pardon of alienation must be sued by those to whom lands are devised for which they shall pay a third part of the value of the lands holden in chief and this Act shall be sufficient warrant for the Lord Chancellor to grant such pardons under the Great Seal without further suit to be made to the King for the same XXII Wills or Testaments of mannors lands c. made by femes covert Infants Idiots or persons of non sane memory shall not be good in Law XXIII If any person or persons shall by will or act executed make any estate for years life or lives with one remainder over in see or with divers remainders over for term of life years or in tail with a remainder over in fee-simple or any other estates conditions mesnalties tenures or conveyances by fraud and covin to the intent to defraud the King of his Prerogative primer seisin livery relief wardship marriages or rights or any other Lords of their wardships reliefs heriots or other profits and such estates or other conveyances be found by office to be so made by covin fraud or deceit In this case the King shall enjoy his Prerogatives and profits aforesaid according to this and the said former Act notwithstanding such estates or conveyances until such office be annulled by traverse or otherwise Also other Lords shall have their remedy in such cases for their wardships by writ of right of ward and shall distrain and make avowry or conusance by themselves or their Bailiffs for their reliefs heriots and other profits as if no such estate had been made Howbeit the right and title of the donees feoffees lessees and devisees thereof against the devisors and his heirs after the interest of the King and other Lords determined are saved XXIV Provided that every person from whom the King or other Lord shall take any mannors lands c. for their third part or to make it up may have relief in Chancery against every person who shall be intituled by any such will or gift to the other two parts to have such contribution for the same as the Lord Chancellor or Keeper shall think convenient VVines I. The Statute of Glocester 15.6 E. 1. The Mayor and Bailiffs now Sheriffs of London before the coming of the Barons which should be at their rising after Candlemas term as appears by the 14. Chapter of this Statute shall inquire of Wine sold against the Assize and shall present it before them at their coming and then they shall be amerced whereas they were wont to tarry until the coming of the Justices Obsolete * II. Stat. 4. E. 3.12 None shall sell Wines but at a reasonable price according to the price at the Ports from whence they come and the expence of their carriage to the places where they are sold Tryal shall be made of such Wines twice a year viz. at Easter and Michaelmas and Officers if need require by the Lords of Towns and their Bailiffs and likewise by Mayors and Bailiffs and all corrupt Wines shall be poured out and the vessel broken Also the Chancellor Treasurer Justices of the Benches and Justices of Assize shall have power to inquire of Mayors Bailiffs and Ministers of Towns that do not observe this Ordinance and to punish them as reason requires * III. Stat. 27. E. 3. Stat. 1. cap. 5. No English Merchant shall forestal Gascoign Wines nor buy them of any Gascoign or other to pay in England for any greater price then they are commonly sold at in Gascoign because of Prest peril of the Sea and by any other colour in pain of life and member and to forfeit their Wines Goods and Chattels to the King and their lands to the chief Lords But here the felony and forfeiture of laws are repealed by 37 E. 3.16 Ob. IV. Cap. 6. Gascoign Merchants and other strangers may bring their Wines to what Port of England they please so as the Kings Butler may make purveyance for Wines of Aliens making payment for them within 40 days Ob. V. Cap. 7. No English Merchant shall buy Wines in Gascoign before the Vintage Nor then but at Burdeaux and Bayon upon the pain mentioned in the 5th Chapter Put that as to the sâ— loâ—y and forseiture of Lands is repealed by 37 E. 3.16 as aforesaid Obsolete * VI. Stat. 37. E. 3.16 The felony and forfeiture of lands inflicted by 27 E. 3.5 7. are repealed and inquiry shall be yearly made within the Kings dominions in Gascoigne of Couchers of England who lie there to buy Wines Obsolete VII Stat. 38. E. 3.10 A confirmation of the Statutes made for wines Obsolete VIII Stat. 38. E. 3.11 All Merchants Denizens that be not Artificers may go into Gascoign to fetch wines and Aliens may bring wines into this Realm IX Stat. 43 E. 3.2 English Irish and Welsh-men being not Artificers may fetch wine in Gascoigne so as they find sureties to buy 100 Tun of their own goods and to bring the same into England Ireland or Wales X. Stat. 6. R. 2. Stat. 1.7 Sweet wines shall be sold in England at the price that Gascoign and Rhenish wines are sold for and not above in pain to forfeit the same XI Stat. 23 H. 6.18 No new impositions shall be laid upon them that buy wines in Gascoign and Guienne by any of the Kings Officers in those parts in pain of 20 l. and treble damages Obsolete * XII Stat 28. H. 8.14 The Lord Chancellor Treasurer President of the Council Privy Seal and the two chief Justices or five four or three of them have power at their discretions to set the prices of all kinds of wines viz. of the But Tun Pipe Hogshead Puncheon Tierce Barrel or Runlet when they shall be sold in grosse so as they cause the prices so set to be written and openly proclaimed in Chancery in the Term-time or else in the City Burrough or town where any such wines are sold in grosse XIII None shall sell wine
otherwise then according to the prices so set and proclaimed as aforesaid in pain to forfeit 40 l. for every vessel otherwise sold to be divided in a Corporation betwixt the King and the Head Rulers there but out of a Corporation betwixt the King and the Prosecutor XIV Justices of Peace and Head Officers have power to hear and determine the defaults of all such as sell wine in grosse or by retail contrary to this Act. XV. Stat. 32 H. 8.23 The great Officers appointed by the Statute of 28 H. 8.14 to set prices upon wines shall so set them between the 20 day of November and the last day of December and at no time else and none that sell wines either in grosse or by retail shall sell them above those prices upon the penalties in the said Statute of 28 H. 8. contained XVI If any refuse to sell their wines accordingly In London the Mayor Recorder and two ancient Aldermen being no Vintners and in other places the Mayor Bailiffs Aldermen or other Officers whereof the chief Officer is to be one may enter the houses of such persons and sell their wines at the prices so assessed as aforesaid ☞ XVII Stat. 7. E. 6.5 None shall utter wine by retail in any other places then in Cities Burroughs Port Towns or Market Towns or in Gravesend Sittingborn Tuxford or Bagshot in pain to forfeit ten pounds for every day that they sell Wine otherwise XVIII None shall utter wine by retail in any City Burrough or Corporation but by licence of the most part of the Common Council Aldermen Burgesses or Communalty there under their common seal nor in any City Burrough Port-Town or Market-Town not corporate or in Gravesend Sittingborn or Bagshot without license of the Justices of Peace of the County in Sessions under their seal in pain to forfeit 5 l. for every day that they sell wine otherwise which said Officers Communalty and Justices have power to continue or change such licences at their discretions but shall not license above two in one place in pain to forfeit 5 l. a piece except in these hereafter following in which it shall be lawful to license more then two viz. in London 40 York 3 Norwich 4 Westminster 3 Bristol 6 Lincolâ— 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Glocester 4 Westchester 4 Hereford-East 3 Worcester 3 Southampton 3 Canterbury 4 Isswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 XIX None shall sell or utter wine by retail to be spent in his or their Mansion-house or in any other place in their tenure by any colour craft or engine in pain of 10 l. XX. The abovesaid forfeiture shall be divided betwixt the King and the Prosecutor XXI Justices of Peace within every County and Corporation in Sessions Stewards in Leets and Sheriffs in their turns have power to enquire by the oaths of 12 men of all offences committed against this Act in which case the forfeitures which shall thereupon grow due shall be divided betwixt the King and the poor of the Town or place where the presentment shall be found XXII This Act shall not prejudice the liberties of either of the Universities nor charge any person offending unless the suit be prosecuted within a year XXIII Stat. 12 Car. 2. cap. 25. None shall sell or utter wines by retail upon pain to forfeit 5 l. the one moyety to the King the other to him that shall sue for the same XXIV The King may grant Commission to two or more persons who may license and authorise the selling of Wine by retail according to the rules and directions in this Act and not otherwise XXV Such persons Commissionated shall be called the Kings Agents for granting wine Licenses and may grant Licenses not exceeding 21 years if the party licensed so long live under a Rent yearly but no fine to be paid XXVI Licenses shall be granted onely â—â— such persons as use the Trade of selling Wines by retail or to the Landlord of the house and may not be assigned nor shall indempnifie any against the penalties of this Act save the first taker XXVII They may appoint Officers for managing that service so as their Sallaries exceed not 6 d. in the pound of the yearly Revenue arisiâ—â—◠〈◊〉 XXVIII The said Revenue shall be paid into the Exchequer and not to be charged with any gift or Pension and the Agents shall every Michaelmas Term return into the Exchequer what Licenses they have granted and the Rents reserved and paid and the arrears to the end Process may issue for the same XXIX Proviso not to extend to prejudice any priviledges of the two Universities nor to prejudice the priviledges of the Society of Vintners London nor any other Town Corporate nor the Burrough of St. Alboas in their priviledges granted by Letters Pattents of Queen Elizabeth for maintenance of the Free-School there XXX No Officer appointed by the King for this service shall receive any Fees or rewards for the same other then 5 s. for a License 4 d. for an Acquittance and 6 d. for a Bond upon pain of 10 l. one moyety to the King the other to the person that will sue for the same XXXI None shall abuse or mix any wines with any other Ingredients upon pain of forfeiture of 100 l. by every Merchant Wine-Cooper or other selling wines in grosse And 40 l. by every person selling wines by retail for such mixing corrupting or abusing of wines the one moyety to the King the other moyety to the person that shall sue for the same XXXII No Canary wines Muskadel or Alegant shall be sold within England Wales or Berwick by retail for above 18 d. the quart No Gascoigne or French wines for above 8 d. the quart No Rhenish wines for above 12 d. the quart and so proportionably for more or less quantity upon pain of 5 l. forfeiture for every Statute quart c. or other measure sold for more the one moyety to the King the other moyety to him that shall sue for the same XXXIII Provided the Lord Chancellor c. may set the prices of wines yearly or alter the same and in default of such setting of prizes the Rates set by this Act to continue under the penalties recoverable as aforesaid XXXIV See Post-Office Numb 4. Witnesse I. Stat. 12. E. 2.2 When a deed or other writing is denyed in Court wherein witnesses are named processes shall be awarded to cause them to appear and if they come not at the great distress returned or the return be that they have nothing or that they cannot be found yet the Enquest shall proceed but if the witnesses appear at the great distress and the Enquest for some cause remain untaken the witnesses shall have like day given as is assigned for the taking of the Enquest when if they appear not the issues first returned upon them shall be forfeit and the taking of the Enquest shall not be deferred because of their
distress to commit the party to the Goal at his own will there to remain one moneth without bail XXXI Provided no person be questioned for any offence within this Act unless within 6. weeks after the offence committed ☞ VVoolls I. Stat. 18 E. 3. Stat. 2.3 Every man as well stranger as other may buy Woolls as they can agree with the seller thereof II. Statutum Stapul Cap. 12. None shall transport Woolls Leather or Woolfels to Berwick or elsewhere into Scotland neither shall any sell Wooll Woolfels or Leather to any Scotchman or to any other to be transported into Scotland upon the pains contained in the third Article of this Statute which see in Merchants * III. Stat. 31 E. 3.2 No wools shall be bought by fraud to abate the price thereof upon grievous forfeiture also balances and weights for wools viz. of the sack half sack and quarter pound half pound and quarter shall be sent to all the Sheriffs of England according to which every person shall make theirs without fee or reward and none shall buy or sell by any other weight in pain to be fined at the Kings will IV. Stat. 31 E. 3.8 No buyer of wools shall make any other refuse of wools then hath been heretofore used viz. of cote gare and villain fleeces and every sack shall contain 16 stone and the stone 14 pound according to the Standard of the Exchequer also all wools fels and leather bought in the Countrey shall be brought to the staples and there shall remain 15 dayes at least and those that cannot be sold in that time shall be brought to the Ports ordained for the staple to be transported beyond Sea paying the due Customs and Subsidies viz. for a sack of wool 50 s. for 300 woolfels 50 s. and for a last of leather 100 s. V. No wools vendible shall be lodged shewed or sold within 3. miles of the Staple Howbeit every one but a Merchant may lodge shew and sell his wools being of his own growing in his own house or elsewhere at his pleasure VI. Stat. 31 E. 3.9 The Chancellor and Treasurer with the advice of others of the Kings Council shall have power to defer the transportation of wools when they see it needful VII Stat. 34 E. 3.19 No Custom or Subsidy shall be paid for Canvas to pack wool in VIII Stat. 36 E. 3.11 All Merchants may transport wools without restraint and no Subsidy or other charge shall be from henceforth set or granted upon wools by Merchants or others without assent in Parliament IX Stat. 38 E. 3. Stat. 1.1.6 A repeal of the Felony imposed by the Statute of the Staple Cap. 3.27 E. 3. which see in Merchants for transporting wools c. by Englishmen but the forfeiture of lands and goods shall stand X. Stat. 43 E. 3.1 Whereas the Staple of wools c. hath been holden at Calice since the first of March Anno 37 E. 3. That staple shall be wholly put out and the staple shall be holden in these places following viz. at Newcastle Kingston upon Hull Saint Buttolph â—lias Boston Yarmouth Quinborough Westminster Chichester Winchester Exeter and Bristll and the staples of Ireland and Wales shall be kept at the places where they were first ordained Obsolete XI Stat. 45 E. 3.4 No imposition or charge shall be put upon wools woolfels or leather other then the custom and subsidie granted to the King without assent of Parliament XII Stat. 13 R 2.9 pars inde None shall buy or sell wool at more weight then at 14 pounds to the stone in pain to forfeit the double to the party grieved and to make fine to the King XIII None Alien or Denizen shall make any other refuse of wool but Cot Gare or Villein XIV None shall buy wools by these words good packing or the like in pain that the Broker shall suffer half a years imprisonment and the buyer shall make fine to the King and recompence the party grieved his double damages neither shall any cause wools to be cocketed but in the owners name in pain to forfeit the same XV. Stat. 2 H. 5. Stat. 2.6 Merchandise of the Staple viz. wools fels leather lead orâ—tin shall not be transported beyond Sea without the Kings licence until they be first brought to the staple in pain to forfeit the same Obsolete XVI Stat. 8 H. 5.2 Every Merchant-stranger buying wools in England to convey them to the West-parts or elsewhere and not coming to the staple to sell them there shall bring to the Master of the Mint for every sack an ounce of Gold Bullion and for every 3. pieces of tin another such ounce of Bullion or the value in silver Bullion in pain to forfeit such wool and tin or the value thereof to the King Obsolete XVII Stat. 8 H. 6.22 No Alien shall cause any wools which he intends to convey out of the Realm to be forced clacked or bearded in pain to forfeit the same together with the double value thereof and besides to be imprisoned XVIII Every Wool-packer shall make good and due packing and neither he nor any other shall make any inwinding within the fleece at the rolling thereof nor put therein any looks pelt-wool tar sand earth glass or dirt in pain that the party grieved shall have his action of Trespass and deceit against such offender at the common Law XIX Stat. 14 H. 6 5. Wools and all other Merchandize in Creeks to be transported beyond Sea shall be forfeited whereof the King shall have the one moyety and the finder the other Obsolete * XX. Stat. 23 H. 8.17 None shall winde any fleece of wool not sufficiently rivered or washed nor winde therein any Clay Lead Stones Sand Tails deceitful locks cot calls comber lambs wool or any other thing whereby the fleece may be more weighty to the deceit of the buyer in pain that the seller of any such deceitful wool shall forfeit for every such fleece 6 d. to be divided betwixt the King and the finder XXI This Act shall not extend to such Counties where the Inhabitants have not customably used to river or wash their sheep before they be shorn nor to any persons who have used to sell their wool by tail or number of the fleeces and not by weight XXII Stat. 37 H. 8.15 All persons are restrained to buy wools in Norfolk and divers other Counties there mentioned except merchants to convey them to the Staple or others to convert them into Yarn Hats Girdles or Cloth But this Statute is now expired XXIII Stat. 1 E. 6.6 Every person dwelling in Norfolk or Norwich may buy wools of Norfolk growth as well as they might have done before the Statute of 37 H. 8.15 so as they sell or retail the same again in some open market or place in Norfolk or Norwich to some person or persons dwelling also there that will there spin the same XXIV Stat. 2 3 P. M. 13. Any inhabitant of Halifax may buy wools otherwise then by
Consultation Prohibition Contra formam callationis Pag. 86 Controllers Accompt 6. Conventicles Pag. 86 Conusance Pag. 86 Copartners Advowson 4 9. Partition Copyhold Pag. 87 Crown 79. Copper Brass Cordage Cables Cordwainers c. Pag. 87 Corn and grain Pag. 95 Forestallers Corodies Assizes 5. Coroners Pag. 96 Attaint 14 c. Crown 80 Marshalsey 3. Murder Pardon Parliament 18 c. Riots Robberies Sheriffs Corporation Pag. 96 Corn 8. Drapery 150. c. 162. c. 186. c. 224. c. 234. 291. Escheators 19. 30. Fish Forcible entry Franchiser 29 Hespitals 7 5. Labourers London 7. Merchants 3. Monopolies 6. Mortmain 18 c. Musters 10. Norwich 8 9. Oyle Parliament Perjury Towns Corpus cum causa Pag. 97 Cosinage Ayel c. Pag. 98 Costs Damages Eâ—iâ—lence 2 Cottages Pag. 98 Coverlets Norwich Counterfeit Letters c. Pag. 90 Counterpleader Advowson 12 County and Turn Pag. 99 Essoyn 3 Evidence 1 Shâ—riffs 49 c. Wales 143 Coopers Pag. 100 Court Bâ—ron Essoyâ— 3 Courts Pag. 102 Crown 158 c. Deceit 1 2 Essoyn 3 Cross-bowes and Hand-guns Pag. 107 Playes Crosses Pag. 109 Crown Pag. 110 Ability 2 Approvements 9 Cui in vita Pag. 132 Culhamsord Bridges 1 Cumberland Corn 2 Currier Cordwainers Customs Cuttomers and Controllers Pag. 132 Account 5 Actions popular 10 Brass 17 c. Cordwainers 2 c. 70 Crown 114 Debt to the King 23 Horses 2 c. Malt 12 Merchants Officeâ—s Ships 1.13.15 Staple 5 c. Wines Wools 7 8 11 Customs and Services Tenure Customs and usages Pag. 136 Custos Rotulorum Pag. 136 Cutting Dams Heads of Ponds Conduits Pipes Tongues and Fars Burning of Carts c. Fish 42 Cutpurses Clergy 32. D. DAyes Festival Holy Dayes Dayes in Bank Pag. 137 Damages and Costs Pag. 141 Damms Cutting Damms Darrein Yresentment Pag. 142 Advowson Assises 4 Dayes in Bank 5.22 Essoyn 1.15 Justices in Eyre 3. Debt Pag. 142 Process 3 Debt to the King Pag. 144 Debt 4 Distresses 2 11. England and Scotland 8 Exchequer 5 Protection 2 Receivers Sheriffs 12 Deceit Pag. 146 Process 14 c. Decies tantum Pag. 147 Declaration Pag. 147 Dedimus potestatum Commissions Déeds and Writing Pag. 147 InrolemeÌ„nts Default Dower 4 Delegates Rome 4 Demurrers Pag. 147 Denizens Aliens Descent Ability 2 3 5. Det Debt Det to the King Pag. 144 Debt to the King Detinue Process 3 Devise Wills Devonshire Drapery Dying and Dyers Drapery 70 c. 108 c. 212 229. Dilapidations Pag. 148 Disceit Pag. 148 Deceit Discent Descent Discontinuance of right or estate Pag. 148 Discontinuance of process Pag. 149 Dismes and Quinzismes Account 6 Dispensations Pag. 150 Diffeisin Assizes 2 3. Entry Entry lawful Distresses Pag. 150 Debt 1 Debt to the King 1 Freehold 1 Mesne Sewers 19 Tenure Divine Service Appeals to Rome 2 Arrests 2 3. Crown Divorces Appeals to Rome 1 Dogges Forrests Hunters Dorneckâ—s Noâ—wich Dover Pag. 152 Dower Pag. 152 Aide of the King 3 Dayes in Bank 3 4.11.18 Discontinuance Entry Essoyn 1.23.15 Justices in Eyre View Women Drapery Pag. 153 Customs 16 Driving of Forrests and Commons Forrests Drunkenness Alehouses 12. c. 23. Dures Pag. 182 Felony 19. Durham Pag. 182 Certificate of the c. Sutton Esq Vagaboads 10.25 E. ECclesiastical furisdirtion Pag. 183 Ability 14. Bishops 9. c. Crown 4 â— t. Election 12 Jurisdiction Tithes Ecclesiastical persons Religions persons Edon in Cumberland Bridges 14. Egges Feasants 2 Wild-fowl Egyptians Pag. 183 Election Pag. 184 Elegit Execution 1. Ely Horses 25. Embracery Execution of Statutes Informers 8. Maintenance 8. Encumbent Parson Endictments Indictments English-men Pag. 185 England Scotland Pag. 185 Englishire Pag. 187 Engrossers Forestallers Enquests Jurors Enrollments Inrollments Entry and Writs of Entry Pag. 187 Dayes in Bank 20. Entry lawful Pag. 187 Entry with force Forcible entry Error Pag. 187 Damages 8 Execution 7. London Escape Pag. 190 Eschange Pag. 190 Customs 2. Money Eschequer Pag. 191 Admeasurement of Pasture Common Pleas 2. Commissions 2. Sheriffs 55 c. Wards 68. Escheat Contra formam collationis Escheators Pag. 191 Account 5. Assises 2. Commissions 1. Debt to the King 15. Eschequer Livery Sheriffs 15. Vacation of Bishopricks Escuage Pag. 201 Essoyn Pag. 202 Dayes in Bank Estovers Assises 5. Estrepement Pag. 203 Wasie Estreats Pag. 203 Corn 6. Eschequer 17. Highwayes 8 9 10 17. Justices in Eyre Justices of Peace 14. Labourers 36. Musters 1. Sewers 40. Sheriffs 1 2 52. Evidence Pag. 205 Erception Pag. 205 Excester Merchants 88. Exchange Eschange Ercise Pag. 205 Exchequer Eschequer Excommunication Pag. 208 Attaint 41. Crown 135. Excommunicato capiendo Pag. 209 Execution Pag. 210 Corpus cum causa Debt 2 3. Execution of Statutes Pag. 214 Executors Pag. 214 Administrators Courts 22. Crown 134 141. Debt for the King 2 21. Rents Exemplifications Grants Exigent and Utlawry Pag. 216 Addition 1. Exportation Drapery 10 52 76 77 79 80 101 197 c. Ships Extortion Pag. 219 Actions popular 7. Ordinaries F. FAir pleader Beaupleader Fairs and Markets Pag. 219 Calves 1. Mortmain 10 False Judgment Pag. 221 Falsifying of Recoveries Recoveries Fasting dayes Holy-dayes Faulcons Hawks Fealty Homage Fees Pag. 222 Atturney 12 13 Feoffments Pag. 222 Felony and Felons Pag. 223 Amendments 7 Armour 7 Captains 4.8.16 Clergy Conjuration England and Scotland Escape Forfciture Forger of false Deeds Hawks Indictments Mainprize Plague 7 Purveyors 10.15.23.32.34.37 Rape Robberies Ships 45 Staple 11.18 Triall Vagabonds 5.16.17 Wales Felts Hats Fennes Pag. 225 Approvements 3 c. Fermes and Fermers Sheep 8 Wast 5 Feasants Partridges Pag. 205 Feather-beds Upholsters Fieri facias Execution Fighting and quarrelling Pag. 228 Fines Pag. 228 Chester 10. c. Chirographer Error 3 c. Felony 23 Wales 152 c. Fines to the King Pag. 232 Finors Gold First-fruits tenths Pag. 232 Courts Fish fishers fishing Pag. 237 Clap-bord Havens 1 c. Ships 17 c. 44 c. Five Ports Ships 33.40 41 Triall 8 Weights 62 Flar and Demp Pag. 242 Flocks Drapery 35.51.139.215 c. 242.295 Fools Lunatiques Mad-men Pag. 242 Wards 58 72 Wills 22 Forcible Entry Pag. 243 Assizes 20 Process 13 Forests Chases Parks and Warrens Pag. 244 Cross-bowes 7 Felony 5 Horses 7. 17. Forfeiture Pag. 248 Forger of false Déeds Pag. 250 Forma pauperis Dà mages 11 Poor people 1 Formedon Limitation 16 Uses 2 Forestallers Regradors Ingrossers Pag. 251 Fortresses Castles Fowlers Feasants 10 Frayes Assault Frank-marriage Dower 4 7 Franchises and Liberties Pag. 253 Arrests 1 Attourney 1 9 Conusance Coroners 7 Custos Rotulorum 3 5 Debt to the King 15 Escheators 29 Estreats 8 Fairs 5 Mortmain 10 Sheriffs 26 Fraud and Collusion Collusion Feoffment 1 Felony 23 Forfeiture Suit Fraudulent Conveyances Pag. 258 Freehold Pag. 260 Attaint 1 Freight Ships Frie of Fish Fish Fuest Pag. 260 Fullers Drapery Fugitives beyond Sea Forfeiture Fustians Pag. 262 G. GAmes Pag. 262 Actions popular 9 Playes 12 c. Gaol and Gaolers Executors 12 Prison Protection 5 Sheriffs
96 First-fruits 45 Scire facias Debt to the King 24 Execution 2.4 Scotland and Scots Berwick England and Scotland Sea Pag. 496 Seals Pag. 496 Treason 1. Second deliverance Avowry Sectaries Schismaticks c. Crown 70 c. Se defendendo Pardon Serjeant at Arms Pag. 496 Servants Executors 9 Felony 7 8 Labourers Service and Sacraments Pag. 496 Sessions Religion Crown 27 Justices of Peace Severn Pag. 501 Passage Sewers Pag. 501 Approvements 8 c. Sheep Pag. 510 Calves 3 Ships 45 Sheriffs Pag. 511 Account Admeasurement of Pasture Appeals 7 8 Assises 2.11.21.22 Attaâ—â—t 14 c. Coroner 2 Crown 120 Debt 5 Debt to the King 3 4 15 Discontinuance of process 5 Distresses Drapery 116 England and Scotland 6 Eschequer Estreats 8 Excommunicato capiende Execution of Statutes Executors 9 Exigent Extortion Forcible entry Forests 29 Forfeiture 5 Hawks Indictments Jurors Justices in Eyre Justices of Assise 4 Labourers 14.46 Mainprize Monasteries 5 Mortmain Murder Panel Pardon Parliament Perjury Physicians 27 Prison Processes Purveyors Receivers 13 19 Recognisance Redisseisin Replevin of Cattel Return of Sheriffs Riots Robberies Staple 42 Suits Trespass 1 Triall 7 Women 8 9 Wreck Ships and Shipping Pag. 524 Admiralty 3 Brass 22 Breakers of Leagues 5 6 9 Customs 4 Newcastle Victuall 18 c. Shoe-makers Cordwainers Shop-Book Debt 11 12 Silk Pag. 533 Customs 24 Sylva Caedua Prohibition 10 Slanders Damages 25 Soap Coopers 7 8 Souldiers Captains c. Vagabonds 16 Southampton Pag. 533 Southwark Butter 4 Spice Pag. 534 Spiritual Laws Pag. 534 Spiritual persons Appeals to Rome 2 3 Arrests 2 3. First-Fruits 6 Leases Residence Spiritual Laws Spiritualty Pag. 535 Stabbing Clergy Stanes Pag. 536 Stannery-Court Courts 33 Staple Pag. 536 Customs 9 Merchants 15 c. Woolls Star-Chamber Courts 32 Women 10 c. Statute-Merchant Fraudulent Conveyances 9 c. Recognisance Staple 20 21 Statute-Staple Courts 2 3 First-fruits 4 Fraudulent Conveyances 9 c. Felony 23 Staple 20 21 Stéel Pag. 542 Stiliard Pag. 543 Aliens 30 Stewards of Leets Feasants Fish 37 c. Franchises High-wayes Horses Hunters Malt Musters Playes Sheriffs 10 Victuall Weights Steward of the Kings Houshold Butler of the King Staple 11.13 Strand Paving Sturgeon Aliens 32 Subornation Perjury Witness Subpoena Accusation 11 Suburbs of London Paving Suffragans Bishops 4 c. Suit of Court Pag. 543 Corporation 2 Corpus cum causa 2 c. Suit of Court Distresses Justices in Eyre Tenure Supersedeas Corpus cum causa Supplicavit Corpus cum causa 3 c. Supremacy The Oath thereof Crown 6 Surety Corpus cum causa 4 5 Surgeons Physicians Surveyors Pag. 543 Courts Swans Pag. 544 Feafants 2 Swearing and Cursing Pag. 544 Tales de circumstantibus Jurors 27 c. Nisi prius 14 T. TAil Pag. 545 Bankrupts 37 Crown 3 Dower 4 7 Fines 27 c. Leases 1 c. Tailles Sheriffs 2.59 c. Tanners Cordwainers Taverns Ale-houses Taxes c. Pag. 546 Captains 21 c. Tellers of News Newes Tellers Receivers Templers Pag. 547 Crosses Tenants in common Assises 13 Essoin Partition Tenant by the courtesie Crown 136 Dower 4 7 Partition Tenant for life Dower 4 1 Tenths Receivers 19 Taxes Tenure Pag. 547 Term Dayes in Bank Testaments Appeals to Rome 1 Probate Wills Testimoniall Labourers Tewksbury Passage 1 Thames Passage 18 Tiles Pag. 549 Tillage Pag. 549 Tindale Pag. 550 Tinkers Brass Vagabonds 2 Tinne Brass Customs 9 Tithes Pag. 551 Appeals to Rome Indicavit Tobacco Pag. 555 Tolle Pag. 555 Fairs Weights 17 Forests 14 Towns Pag. 556 Corporation Weights 41 c. Trade Pag. 557 Traverse to Office Escheators 3.5 c. Treason Pag. 560 Crown Nisi prius 13 Triall 9 11 Treasurer Aide of the King 4 Aliens 14 Attorney 8 Bankrupts 1 Books 4 Corporation 1 Drapery 21.42 43 54 62 Error Escheators 1 Execution of Statutes Fish Merchants Officers Sewers 8 Sheriffs 7 Staple 27 Treason 1 Vacation of Bishopricks Wards 36 Wines Wools 6 Trespasse Pag. 565 Assises 8 Attaint 37 Triall Pag. 567 Accusation 1 c. Faise Judgments Jurors Turn County Tunnage and Poundage Pag. 570 V. VAcation of Bishopricks Pag. 570 Forfeiture 2 Vagabonds Pag. 571 Captain 33 Verdict Issue Jurors Triall Vestry-men Pag. 576 Vicars Appropriation Parson Victuall and Victuallers Pag. 576 Alehouses Customs 6.11 View Pag. 580 Villenage Villains Pag. 580 Amerciaments 1 Vintners Alehouses 27 Vnion and severing of Churches Pag. 581 Vniversities Pag. 582 First-fruits 42 Ireland 15 Wines 22 Unlawful Games Actions popular 9 Playes Voucher Pag. 583 Voyages Admiralty 3 Vpholsters Pag. 585 Upton upon Severn Bridges 16 Vses Pag. 585 Wards 40 Usurpation of Churches Advowson Vsury Pag. 588 Utlawry Addition 1 2 Amendments 3 Attaint 41 Certificate of the c. Exigent Process W. WAger of Law Pag. 589 Wages Labourers Wales Pag. 590 Amendments 3 5 Certificate of the c. 5 Chester 2. c. Clergy 21 Cordwainers 69 Exigent 11 c. Service and Sacraments 31 Ships 24 42 Staple 2 Walsingham Pag. 612 Wapping March Pag. 612 Warden of the Fleet Debt Sheriffs 45 Warden of the Five Portt Crown 127 Ships 33 41 Wardens of Handycrafts Aliens 8 c. Wards Pag. 613 Courts 29. Crown 141 Exchequer Escheators Wast Wardrobe Debt to the King 14 Wares Pag. 619 Fish 23 c. Havens 7 Warrens Felony 5 Mortmain 10 Warranty Pag. 619 Aide of the King Warranty of Charters Dayes in Bank 20 Warre Pag. 620 Armour 2 Debt to the King 14 Forfeiture 9 Musters Wast Pag. 621 Estrepment Wastes Approvements Watches Pag. 623 Watering of Hemp and Flax Flax Water-men Passages 6 c. Wax Pag. 623 Weares Pag. 624 Weights and Measures Pag. 628 Clerk of the Market Coopers Customs 2 Wools 2 4 Westmerland Corn 8 Westminster Butter 4 White Ashes Pag. 638 White Gate Pag. 639 White-Hall Palace Widows Women Wild-fowl Pag. 639 Wills Pag. 639 Appeals to Rome Probat Wilton upon Wie Bridges 13 Wines Pag. 644 Gauging President of the Council Ships Witness Pag. 648 Armour 9 Bankrupts 21 Merchants 75 Triall 1 Wives Women Wood Pag. 649 Cordwainers 36 37 Wools Pag. 654 Actions popular 10 Customs 1 2 3 9 Drapery 69 82 109 Exigent 5 Merchants 18.21.62 Ships Staple Taxes 4 Woolfels Actions popular 10 Customs 1 2 3 Merchants 18 Staple Taxes 4 Women widows Wives and Maids Pag. 658 Age 6 Appeals 1 Crown 77.80.88.95.107.125.126.134.136.144.150.152 Cui in vita Discontinuance Dower Entry Essoin 7.13 Felony 6 Fines 2.17 c. Leases 1 c. Triall 3 Vagabonds Uses 12 13 Wards 16 38 71 Wills 1.5.7.13.22 Worsteds Pag. 678 Apprentices Norwich Wreck Pag. 680 Admiralty Writs and abatement of Writs Pag. 680 Addition Aide of the King 4 Dayes in Bank View Y. YArmouth Approvements 11 Fish Ships 40 50 Worsteds Yarn Pag. 681 York Pag. 681 Corn 8 An Exact TABLE of the Year and Chapter of every STATUTE in force and use upon the 4th day of January Anno Dom. 1641. which year and Chapter being known and found in this Table the respective Title answering
any other council assembled by the King's command onely if it be not Term-time he shall then appear the first day of the Term following that quarter and upon appearance shall be proceeded against as before Assises I. Magna Charta cap. 12. 9 H. 3. Assises of novel disseisin and Mortdancester shall be taken in their proper Shires in this manner The King or in his absence out of the Realm the chief Justices shall once a year send the other Justices through every County to take together with the Knights of the Shires such Assises in those Counties and such things as cannot be there determined shall be ended elsewhere in their Circuits Also difficult matters shall be referred to the Justices of the Bench to be there determined II. West 1. Cap. 24. 3 E. 1. If any Escheator Sheriff or other Bailiff of the King do by colour of his office without special warrant pertaining to his office disseise any man of his free-hold or any thing belonging thereunto it shall be in the election of the disseisee whether the King by office shall cause it to be amended upon complaint or that he will sue by writ of Novel disseisin wherein if the disseisor be attainted the disseisee shall recover double dammages and the disseisor shall also be grievously amercied to the King III. West 1. cap. 36. 3 E. 1. If any be attainted of disseisin done in the now King's time with robbery of goods or otherwise the disseisee by Assise of Novel disseisin shall recover his seisin and dammages and the disseisor whether present or not shall make fine and if present shall be committed IV. West 1. cap. 48. 3 E. 1. Assises of Novel disseisin Mortdancester and Darreine presentment shall be taken in Advent Septuagesima and Lent as well as inquests and that at the special request of the King made to the Bishops V. West 2 cap. 25. 13 E. 1. For estovers of wood profit to be taken in woods corrodie delivery of corn and other victuals and necessaries to be received yearly in a certain place toll tunnage passage pontage pawnage and the like to be taken in places certain keeping of Parks Woods Forests Chases Warrens Yates and other Bailiwicks and offices in Fee an Assise of Novel disseisin shall be and in such cases the Writ shall be as in other cases de libero tenemento VI. It shall also be for Common of Turf-land fishing and such like common appendant to Free-hold or by special deed as it heretofore held place for common pasture provided the estate therein be at least for life VII If any holding for years or in ward aliene the fee remedy shall be had by this Writ and both the feoffors and feoffees shall be had for disseisors so that during the life of any of them the said Writ shall hold place and if they die the remedy shall be by Writ of Entry VIII The giving of this Writ in new cases shall not diminish the force thereof in those wherein it had force before and remedy also shall be had thereby in case where one feedeth in the several of another IX In this suit if the Defendant fail to make good the exception which he pleads he shall be adjudged a Disseisor without taking the Assise and shall give to the Plaintiff double dammages both inquired and to be inquired and besides shall suffer a year's imprisonment X. If such an exception be alledged by a Bailiff the taking of the Assise shall not be thereby delayed nor yet the Judgment upon the reftitution of the lands and dammages Howbeit if the Master of such Bailiff afterwards offer to prove to the Court by matter of record that there was just exception whereby the Plaintiff might have been barred he shall have a Venire facias to produce such record and then if the Justices see cause the Plaintiff shall be warned to appear at a certain day and the Defendant shall then have again his seisin and dammages and the Plaintiff shall be punished by imprisonment at the discretion of the Justices In like manner also shall the Justices proceed in case the Defendant's proof is by deeds or releases and if the Plaintiff purchased the Assise contrary to his own deed he shail be punished as aforesaid XI The Sheriff shall not take an Ox of the disseisee but of the disseisor onely and but one Ox though there be many disseisors named in the Writ and that Ox shall not exceed 5 s. in value Note that 5 s. then hath now the value of 15 s. XII West 2.46 13 E. 1. Where common of Pasture hath been usurped during Nonage Coverture tenancy in dower by the courtesie for life years or in tail it hath been holden that if such possessor of common be deforced he ought to have Action by Writ of Novel disseisin it must now be holden that such as have entred within the time that an Assise of Mortdancester hath lain if they had no common before shall not recover by Writ of Novel disseisin albeit they be deforced XIII Stat. de conjunct feoffatis 34 E. 1. In an Assise of Novel disseisin if joynt-tenancy be pleaded by force of a Deed upon the Plaintiff's averment against it the Justices shall keep the Deed until the trial and in the mean time shall by scir ' facias summon the absent joynt-tenant to be present with the Defendant at the said trial and they shall there maintain the Plea if they can But if it shall then be proved by an Assise that the Plea was maliciously alledged to delay the Plaintiff albeit the Assise doth pass for the Defendants yet he who pleadeth that exception shall suffer one whole year's imprisonment and shall not be enlarged without grievous fine And if it be found by Assise that the Plaintiff was disseised he shall recover seisin and double dammages and the trial shall go on notwithstanding such plea and albeit neither of the pretended joynt-tenants appear howbeit joynt-tenancy shall not be pleaded by Bailiffs XIV Also in Assises of Mortdancester and juris utrum the like course shall be taken as in those of Novel disseisin XV. In other Writs likewise whereby Tenants are demanded save that in them the dammages are referred to the discretion of the Justices XVI Stat. Eborum 34 E. 2.1 Tenants in Assise of Novel disseisin may make Attorneys and may also plead by Baâ—hffs as in times past XVII Stat. 7 R. 2.10 An Assise of Novel disseisin for rents issuing out of lands in divers Counties shall be taken in Confinio Comitatus as is used for Common of pasture in one County appendant to tenements in another XVIII Stat. 1 H. 4.8 A special Assise is maintainable by the disseisee for such lands as are granted by the King's Patent without title first found by inquest for the King without suit to be made to the King in that behalf and if the Patentee pray in Aid of the King a Procedendo shall be also granted without suit XIX
Here if the Assise pass for the disseisee he shall recover treble dammages against the Patentee XX. Stat. 4 H. 5.8 If any make forcible entry into lands by way of maintenance the Chancellor of England shall grant a special Assise without suing to the King and if the disseisor shall be attainted thereof he shall suffer one whole year's imprisonment and restore double dammage to the party grieved XXI Stat. 6 H. 6.2 The pannels of Assises shall be arrayed and an indented Copy thereof delivered by the Sheriff to the Plaintiffs Tenants and Defendants six days before the Sessions if they demand the same also Bailiffs of Franchises shall make their returns thereof to the Sheriff at the like time upon pain to forfeit each of them Sheriff or Bailiff 40 l. XXII Stat. 11 H. 6.2 In an Assise if the Sheriff be named a disseisor by Collusion to the end the Writ may be directed to the Coroner and the Assise secretly awarded by the tenant's default upon the Plaintiff's averment thereof and if it shall also be found by the Assise to be so the Justices shall abate the Writ and grievously amerce the Plaintiff XXIII Stat. 21 H. 8.3 The Plaintiff in Assise may abridge his plaint of any part whereunto a barr is pleaded without prejudice to the residue Attaint I. VVest 1. cap. 37. 3 E. 1. An Attaint is granted in Plea of Land Free-hold or any thing touching Free-hold II. Stat. de attinctis 13 E. 2. In Attaint if the first Jurors which shall be living appear not at the first grand distress or be returned to have nothing by their absence there shall be no delay made of the other Jury See Rast Attaint 2. III. Stat. 1 E. 3.6 In a Writ of Trespass an Attaint shall be granted by the Chancellor without speaking to the King as well upon the principal as upon the dammages IV. In all cases of Attaints the Justices shall not let to take the Attaints for the dammages not paid V. Stat. 5 E. 3.6 Nisâ— prius shall be granted in Attaints but â—o essoin or protection and five daies by the year shall be given before the Justices of the Common Bench at least VI. Stat. 5 E. 3.7 Writs of Attaint shall be granted as well in pleas of trespass moved without Writ as by Writ before Justices of Record if the dammages adjudged do exceed 40 s. VII Stat. 28 E. 3.8 An Attaint shall be granted as well upon a Bill of trespass as upon a Writ of trespass without having regard to the quantity of the dammages VIII Stat. 34 E. 3.7 An Attaint shall lie as well in plea real as personal and it shall be granted to the poor who shall affirm that they have nothing whereof to make fine saving their countenance without fine and to all others by easie fine IX Stat. 9 R. 3.3 He in the reversion shall have an Attaint or Writ of Error upon a false verdict found or an erroneous Judgment given against the particular tenant X. If the oath be found false or the Judgment erroneous and the tenant still in life he shall be restored to his possession and issues and the reversioner to the arrearages but if he be dead or be found of Covin with the demandant the reversioner shall have all yet the tenant may traverse the Covin by Scire facias out of the Judgment or Writ of Attaint if he please XI Stat. 13 R. 2.18 Upon a false verdict given before the Mayor and Bailiffs of Lincoln an Attaint shall be sued in the King's Bench or Common-Pleas and the Jury shall be of the County of Lincoln returned by the Sheriff of the said County XII Stat. 3 H. 5.5 By letters Patents of H. 4. the name of Bailiffs of the City of Lincoln being translated to Sheriffs lest it might be douted which Sheriff ought to return the Jury in Attaint the former Statute of 13 R. 2.18 is explained and confirmed XIII Stat. 11 H. 6.4 The Plaintiff in Attaint shall recover against all the Jurors Tenants and Defendants the costs and dammages which he shall sustain by delay otherwise in that suit XIV Stat. 15 H. 6.5 No Sheriff Bailiff or Coroner in Writs of Attaint of Plea of Land or of Deeds concerning Lands of the yearly value of 40 s. or more or of goods or chattels personal worth 40 s. or more shall impannel any but such as inhabit within their Bailiwicks and have free-hold or inheritance not ancient Demesne within the five Ports or Gavel-kind worth 20 l. per annum and shall not return against them less issues then 40 s. at the first Writ of distresses 10 s. at the second and double afterwards in pain to forfeit 100 l. to the King and as much to the Plaintiff And none but persons of that worth shall be impannelled upon Attaints if challenge thereof be made by the Plaintiffs XV. If any of the Defendants plead a forein plea and fail thereof the Justices shall give Judgment against them as if the Grand Jury upon the Articles of the Writ had passed against them Howbeit the rest of the Defendants shall not be prejudiced thereby neither shall this Act extend to Cities or Boroughs XVI If there shall not be in the County under the degree of a Baron enough of that worth to fill the pannel then shall the said Officers impannel and return the most sufficient persons there under that worth upon the like pain XVII Stat. 18 H. 6.2 Owners of Inheritance or Free-hold lands in Gavel-kind of 20 l. per annum may also be impannelled upon Attaints notwithstanding the Statute of 15 H. 6.5 XVIII Stat. 11 H. 7.21 None shall be impannelled upon a Jury in London except he have lands and tenements or goods and chattels worth 40 marks and if the trial be for lands or debt or dammages amounting to 40 marks or above his real or personal estate shall be worth 100 marks and the Jurors defect herein is a principal challenge XIX The issues of the Jurors for default of appearing shall be at the first summons 12 d. at the second 2 s. and double afterwards and the issues lost in the Mayor's Court shall accrue to the Mayor and Commonalty and those lost in the Sheriff's Court to the Sheriffs XX. An Attaint may be sued by Bill in the Hustings of London upon any false verdict given in any of the Courts of that City And thereupon the Mayor shall award a Precept to every Alderman to present either by themselves or their Deputies unto the said Mayor at the next Hustings the names of four indifferent and discreet Citizens out of each of their Wards each of them being worth in estate 100 pounds at least out of which the Mayor and six Aldermen or more shall impannel 48 whom the Mayor shall cause to be summoned together with the Tenants or Defendants in the Attaint to appear at the next Hustings and if upon default of appearance or otherwise there shall need a Tales the pannel
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 theâ—ing 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
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
said common Goals and not elsewhere And the Sheriffs shall have the Custody thereof and shall be allowed in their accounts by the Barons of the Exchequer the moneys expended by them in repair of the same without any Bill or Warrant of the King to be shewed in that behalf XIV This Act shall not prejudice any person having a common Goal by Inheritance or for life or years XV. Stat. 5 El. 24. The Statute of 23 H. 8.2 is continued for 10 years and shall extend to the Counties of Pembroke Glam Cardig Radnor and Mount gomery XVI 13 El. 25. The Statute of 23 H. 8.2 and 5 El. 24. shall extend to the County of Cambridge and the said Acts shall continue in force 10 years after the 10 years of continuance mentioned in 5 El. 24. XVII Stat. 14 El. Justices of Peace in Sessions or the more part of them have power to tax every Parish in the County but not above 6 d. or 8 d. a piece towards the relief of prisoners which tax the Church-wardens of every Parish shall levy every Sunday and pay it in quarterly to the High-Constable or in a Corporation to the Head-Officer and the High-Constable or Head-Officer shall pay the same at every Quarter-Session to the Collectors thereof to be appointed by the said Justices who shall distribute it weekly to the said prisoners XVIII The Church-wardens High-Constables Head-Officers or Collectors aforesaid which herein shall be found negligent shall forfeit 5 l. to be divided betwixt the Queen and the prisoners XIX Justices of Peace within the County shall not intermeddle with a Corporation for the execution of this Act But onely the Mayor and Head-Officers of the same XX. Stat. 3 Jac. 10. An offender which is to be conveyed to the Goal shall bear all charges both of himself and of those that guard him XXI If he refuse so to do upon a Warrant from a Justice of Peace The Constable of the Town-ship where he hath any goods being within the same County may sell so much thereof as in the discretion of the said Justices shall be thought sufficient to satisfie the said charges the appraisement thereof to be made by the neighbours there and the overplus to be rendred to the said offender XXII If the offender hath no goods to satisfie the charges the the Constables Church-wardens and two or three other honest inhabitants or in case there be no such Officers there four of the Principal Inhabitants of the Parish where he was taken shall make a tax according to which being allowed under the hand of a Justice of Peace every inhabitant shall pay the said charges And upon refusal by Warrant from a Justice of Peace the Constable Tything-man or other Officer hath power to levy the same by distresse and after appraisement by four inhabitants there to sell the same rendring the overplus to the party so refusing XXIII Here if the Officer that distrains be sued he shall plead justification and upon Verdict for him or Non-suit of the Plaintiff shall recover treble damages besides costs of suit Prize Goods I. Stat. 16 17 Car. 2. ca. 6. An Act for repealing part of an Act made this Parliament intituled An Act directing the prosecution of such as are accomptable for Prize-Goods 14 Car. 2. cap. 14. viz. as to any prosecution against all Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Sea-men and Marriners Provided this Act extend not to discharge any others Probat of Testaments * I. Stat. 31 E. 3.4 Bishops shall restrain their Officers from taking excessive fees for Probats of Testaments in pain to have them indicted before the Justices for extortion as hath been heretofore used II. Stat. 21 H. 8.15 Nothing shall be given for the Probat of a Will or Commission of Administration when the goods of the dead exceed not 5 l. save onely 6 d. to the Register Neverthelesse the Judge shall not refuse to prove such a Testament being exhibited unto him in writing with wax ready to be sealed and proved Communi forma but shall dispatch the party without delay III. For the Probat of a Will and all other things concerning the same when the goods of the dead exceed 5 l. but not 40 l. the Judges Fee is 2 s. 6 d. and the Registers 12 d. And when they exceed 40 l. the Judges Fee is 2 s. 6 d. as before and the Registers as much Or the Register may refuse the 2 s. 6 d. and take a peny for ten lines of the Will each line being conceived to contain ten Inches in length And for these Fees they shall dispatch the party without frustratory delay IV. Where there is no Will or the Executors refuse it Administration ought to be committed to the Intestates widow if he left any or to the widow and the next of the kindred or in case he left no widow to one or more of the kindred or in case they look not after it to any creditor or creditors that desire it or in case they also neglect it to any other person or persons at the discretion of the Ordinary who is enjoyned to take security of such Administrators for the due administration of the Intestates goods V. Nothing shall be given for Letters of Administration when the Intestates goods exceed not 5 l. and when they exceed not 5 l. but not 40 l. the Officers Fees are onely 2 s. 6 d. VI. The Executors or Administrators calling to them two or more Creditors or so many of the next of the Kin or in their default two or more neighbours or friends to the dead shall in their presence cause a â—ue Inventory to be made of the goods and shall deliver the same in upon oath unto the Ordinary indented whereof one part shall remain with the Ordinary and the other with the Executors or Administrators VII The Judge or Ordinary shall not refuse to receive an Inventory indented so tendered unto him in Court together with his oath to verifie the same VIII Lands devised to be sold shall not be accompted any of the Testators goods IX The fee for the Copy either of the Will or Inventory is the same with that above allowed for registring of the Will or else the Register mny take a peny for every ten lines of the length as aforesaid X. The Officer that takes more then his due fee shall forfeit that excess to the party grieved and besides 10 l. to be divided betwixt the King and the same party grieved XI This Act shall not alter the custome where less money hath been for probate of Testaments XII The Ordinary may convent Executors to prove the Testators Will and to bring in the Inventory as before notwithstanding this Act. ☞ Process I. Artic. super Cart. 15. 28 E. 1. the summons and attachments of plea of land shall contain 15 dayes except attachment of Assizes in the Kings presence and pleas before Justices in Eyre during the Eyre II. Stat. 5
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 Circumspecteâ—ngatis 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