be committed to Prison without bail unless he immediately pay to the use of the poor where the offence was committed or be apprehended 20 s. for every Fowl Hare or Egg so killed taken or destroyed ☞ and after one moneth 's commitment shall before two or more Justices of Peace be bound with two sufficient sureties in 20 l. a piece with condition never to offend in the like kind again XII Every person convicted as abovesaid to keep a Grey-hound Dog or Net to kill or take Deer Hare Fesant or Partride unless he have inheritance of 10 l. per annum a lease for life of 30 l. per annum or be worth 200 l. in goods or otherwise be the son of a Baron or Knight or heir apparent of an Esquire shall suffer imprisonment as aforesaid unless he pay 40 s. to the use abovesaid XIII None shail sell or buy to sell again any Deer Hare Fesant or Partridge except Fesants or Partridges by them reared up or brought from beyond Sea in pain to forfeit for every Deer 40 s. Hare 10 s. Fesant 20 s. and Partridge 10 s. to be divided betwixt the prosecutor and the poor of the Parish where the offence is committed XIV Justices of Assize Justices of Peace in Sessions and two or more Justices of Peace out of Sessions have power to hear and determine these offences XV. None shall by any former law suffer punishment for the same offences for which he shall be punished by this Law XVI This Act shall not restrain one licensed in open Sessions to kill Hawk's meat but then he shall there become bound by recognizance in 20 l. not to kill any of the games prohibited by this law nor to shoot within 600 paces of an Hearnry within 100 paces of a Pigeon-house or in a Park Forrest or Chase whereof his Master is not owner or keeper and the Clerk of the Peace his fee for such a license is 12 d. * XVII Stat. 7 Jac. 11. Every person convicted by his own confession or by two witnesses upon oath before two or more Justices of Peace to have hawked at or destroyed any Fesant or Partridge betwixt the first of July and the last of August shall suffer one moneths imprisonment without bail unless he forthwith pay to the use of the poor where the offence was committed or be apprehended 40 s. for every time so hawking and 20 s. for every Fesant or Partridge so destroyed or taken XVIII He that shall be punished by this Law shall not be punished again by any other law for the same offence XIX This offence shall be prosecuted within six moneths after it shall be committed XX. It shall be lawful for the Lord of a Mannor or any having free Warren inheritance of 40 l. per annum free-hold of 80 l. per annum or goods worth 400 l. or their servants licensed by them to take Fesants or Partridges within their own grounds or Precinct so they do it in the day time and onely betwixt Michaclmas and Christmas ☞ XXI If any of a mean condition shall be convicted by his own confession or by one witness upon oath before two or more Justices of Peace to have killed or taken any Fesant or Partridge with dogs nets or engines he shall by the said Justices be committed to prison without bail unless he forthwith pay to the use of the poor where the offence was committed 20 s. for every Fesant or Partridge so killed or taken and also become bound before one or more Justices of Peace in a recognizance of 20 l. never to offend in the like kind again XXII Every Constable or Headborough upon a warrant under the hands of two or more Justices of Peace hath power to search the houses of persons suspected to have any setting dogs or nets for the taking of Fesants or Partridges and the dogs or nets there found to kill and cut in pieces at pleasure as things forfeited unto the said officers ☞ Fighting and Quarrelling * I. Stat. 5.6 E. 6.4 None shall use any chiding words in the Church or Church-yard in pain of suspension for so long time as the Ordinary shall think fit viz. of a Lay-man ab ingressu Ecclesiae and of a Clerk à Ministerio officii II. He that shall there smite or lay violent hands upon any one is thereby excommunicated ipso facto III. He that is convicted of striking with a weapon there or of drawing it with an intent to strike before Justices of Assize of Oyer and Terminer or of Peace in Sessions by verdict his own confession or two lawful witnesses shall by judgment of the said Justices have one of his ears cut off and in case he wants ears shall be burned upon the cheek with the letter F. and shall stand excommunicate ipso facto Fines I. Stat. de sinibus 18 E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the pleader shall say Sir Justice Conge de accorder Then the Justice shall say What saith Sir R And when the King 's fine is agreed for and the peace cried the Pleader shall declare the substance of the fine II. A final concord cannot be levied in the King's Court without writ original before four Justices in the Bench or in Eyre and it must also be in the presence of the parties who ought to be of full age of good memory and out of prison and if a feme covert be one she must be examined by four of the said Justices and if she consent not the fine cannot be levied III. The reason of such solemnity in the taking of a fine is because it bars all persons of full age out of prison of good memoand within the four Seas the day of the fine levied if they make not their claim of their Action within a year and a day by the Countrey IV. Stat. De finibus levatis 27 E. 1. Stat. 1. It shall be no good exception to a fine that before or at the time of the fine levied the demand of his ancestors were seized of the land contained in the fine or of some part thereof V. Fines shall be openly read at two certain days in the week by the discretion of the Justices and in the mean time all Pleas shall cease VI. The Statute of Carlile 15 E. 2. In Pleas of Warrantia Chartae covenant or other whereupon fines are to be levied before the Justices of the Bench as well the demandants as tenants before such fines pass shall appear personally to the end their age idiocy and other defects if any be may be discerned VII If the party be not able to come before the Justices in the Court then two or one of them by the assent of the rest shall go to the party and receive his Cognizance and if but one go he shall take with him an Abbot Prior or Knight being of good fame and credit VIII The Commissioners that take the Cognizance
for the Justice of Peace or Head-officers there being Justices of Peace to direct a Capias to the Sheriff or other chief Officer for his apprehension and being taken the said Justice of Peace or Head-officer shall commit him to ward until he give good security that he will honestly serve out his time XLIII Notwithstanding this Act High-Constables have power to keep their Statute-Sessions so that they there do nothing repugnant thereunto ☞ XLIV Stat. 1 Jac. 6. The Statute of 5 El. 4. shall give power to the Justices of Peace to rate the wages of any Labourers Weavers Spinsters and Work-men or Work-women whatsoever XLV The rating of such wages in Sessions by the more part of the Justices within any particular Riding or Division where general Sessions have been used severally to be kept shall be as effectual as those rated at the general Sessions of the whole County XLVI The Sheriffs and Head-officers within their several precincts shall cause the said rates to be proclaimed in such sort as if they had been sent down printed from the Lord Keeper which all persons shall be bound to observe upon the pains and penalties mentioned in the said Statute of 5 El. 4. XLVII A Clothier or other convicted before the Justices of Assize or Peace in Sessions or before 2 Justices of Peace 1 Qu. by his own confession or the evidence of 2 witnesses not to have observed the said rates by paying less then in the rates so appointed shall forfeit 10 s. to the party grieved to be levied upon warrant from the same Justices by distress and sale of the goods XLVIII None shall incur any danger for not making certificate of the Rates into the Chancery according to 5 El. 4. XLIX A Clothier being also a Justice of Peace shall not be a rater of wages for any Artificer that depend upon making of Cloth Lancaster I. Stat. 33 H. 6.2 An Indictment found in Lancashire against a foreigner dwelling in another County shall be void unless each Juror had Lands and Tenements there of the yearly value of 5 l. II. The like Law is of an Indictment found in another County and not in Lancashire against an Inhabitant of Lancashire where each Juror hath not Lands and Tenements worth 5 pounds per annum III. Stat. 37 H. 8.16 Lands annexed to the Dutchy of Lancaster and there exchanged by the King with others for the inlargement and conveniency of the said Dutchy See the Statute at large IV. Stat. 2. 3 P. M. 20. A farther enlargement of the said Dutchy See the Statute V. Stat. 16 and 17 Car. 2. cap. 9. An Act impowring the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty to be filed and made use of at hearings in the Court of Dutchy-Chamber 12 d. onely to be paid for taking the same Leases I. Stat. 32 H. 8.28 Leases made by Tenant in tail or by him who is seized in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their wives heirs and successors II. The Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of any old lease unless such old lease expired within a year after the making of the new nor to any grant to be made of any Reversion of Mannors Lands c. nor to any lease of such Mannor Lands c. which have not been let to farm or occupied by Farmers 20 years before such lease made nor to any lease to be made without impeachment of waste nor to any lease to be made for above 21 years or three lives from the day of the making thereof and that upon every such lease there be reserved so much yearly rent as hath been usually paid for the lands so let within 20 years next before such lease made and the Reversioners of the Mannors Lands c. so let after the death of such lessor or his heirs may have such remedy against such lessee his executor and assigns as such lessor might have had against such lessee III. Provided that all leases made by the husband of Mannors Lands c. being the inheritance of the wife shall be made by indenture in the name of the husband and wife and she to seal to the same and the rent shall be reserved to the husband and wife the heirs of the wife and here the husband shall not alien or discharge the rent or any part thereof longer then during the coverture unless it be by fine levied by husband and wife IV. This Act shall not extend to give liberty to take more Farms or Leases then might have been taken before this Act Vide Stat. 25 H. 8.13 Sheep nor to any Parson or Vicar to make any lease otherwise then they might have done before V. All leases for years made within 3 years before the 12 of April in 31 H. 8. by writing indented under seal by any person or persons of full age sane memory not unlawfully coarcted nor covert Baron of any Mannors Lands c. wherein he or they have an estate of Inheritance to his or their own use at the time of the making thereof and whereof the lessee or lessees or their assignes have now the possession by force of such lease or leases and no cause of re-entry or forfeiture thereof had or made shall be good in law against such lessors their heirs and successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force then they were before the making of this Act. VI. No fine Feofment or other Act done by the husband onely of the inheritance of Free-hold of the wife shall make any discontinuance or prejudice the wife or any other who is to injoy it after her decease the fines levied by the husband and wife onely excepted VII This Act shall not give liberty to the wife or her heirs to avoid any Lease hereafter to be made of the wife's Inheritance by the husband and wife for 21 years or under or three lives whereupon the accustomable yearly rent for 20 years before is reserved according to the tenor of this Act. VIII This Act shall not extend to make good any Lease made by any Ecclesiastical person which are made void by authority of Parl. or by any such person or other now attainted of treason IX Stat. 1 Eliz. not printed All estates made by any Arch-bishop or Bishop of any Mannors Lands c. parcel of the Possessions of their Bishoprick or united or appertaining thereunto to any person or persons body politick or corporate other then to the Queen her heirs and successors and other then for the term of 21 years and 3 lives from the time of such estate made and
contrary Here also the right of all others save of the King and the Governours and Governesses is saved XXVIII Such Lands Parsonages appropriate c. belonging to the said Religious houses as before their coming into the Kings hands or dissolution were discharged of Tithes shall so continue XXIX All rents services and other duties are saved to the King notwithstanding this Act. XXX Such Monasteries c. As were heretofore exempt from the jurisdiction of the Ordinary shall from henceforth be within the jurisdiction and visitation of the Ordinaries in whose Diocess they shall be scituate XXXI The grant of the Abbey of Sipton in Suffolk is confirmed to the Duke of Norfolk and the Colledge or Chantery of Cobham in Kent to the Lord Cobham notwithstanding this Act The right of others being saved XXXII Stat. 37 H. 8.4 All Colledges Free-Chappels Chanteries Hospitals Fraternities Brother-hoods Guilds and other promotions made to have continuance for ever and chargeable with first-fruits and tenths and also all the Mansion-houses mannors lands tenements hereditaments rights members and appurtenances unto them belonging which between the fourth of February 27 H. 8. and the 25 of December the 37 H. 8. were dissolved relinquished or otherwise extinct other then such of them as now are or were in the Kings possession and have been granted by the Kings Licence or recovered by a former right or title shall be adjudged in the actual possession of the King and of his heirs and successors in as large manner â—s the Governours Incumbents Patrons Donors or Founders of them or any of them have since the said fourth of February 27 H. 8. injoyed the same or do now injoy them XXXIII All Covenants Bonds and Grants of any Rent or Annuity made to any Chantery Priest or other having any of the said promotions in consideration of any bargain grant or other assurance of the said promotions or any part thereof shall be void XXXIV Every person being in life which for any sum of money hath sold any of the said promotions shall repay upon request unto the Bargainee his Executors or Assigns the money so received And for non-payment thereof the said Bargainee shall maintain an Action of debt against them that so sold the same unto the said Bargainee or his testator in which Action no essoine c. shall be allowed XXXV All gifts grants surrenders and other assurances made to the King of any of the said promotions between the said fourth of February and the 25 of December shall be good against the bargainors their successors and assigns and also against their Founders Donors and Patrons heirs and successors XXXVI All Letters Patents made by the King of any of the said promotions or any part thereof and all assurances thereof made with the Kings assent by any having such promotions shall be good against the grantors their heirs and successors and against their Founders Donors and Patrons their heirs and successors XXXVII The King during his life may direct Commissions by warrant to be signed by his own hand to such persons as he shall think fit giving them power to enter into so many of the said promotions chargeable with first-fruits and tenths as shall be expressed in such several Commissions and to seize and take the same into the Kings possession to have and hold the same to him his heirs and successors XXXVIII The Commissioners or any two of them may enquire into any part in the name of the whole and by such theiâ— ter and seisure albeit the Lands be in several mens occupations or lie in several Counties the King shall be adjudged in the actual possession thereof without any inquisition office or other entry XXXIX The Commissioners or any two of them after such seisure made shall certifie and return every such Commission making mention in writing of their doing therein according to the words and authority thereby given them XL. All such Chanteries and other promotions aforesaid seised and to be seised as aforesain shall be within the order and survey of the Court of Augmentations and all suits tending to the detriment of the Mannors lands and other hereditaments belonging to them shall be also heard and determined in that Court Howbeit suits between party and party concerning the said Mannors Lands c. shall be heard and determined by the Common Law and Statutes of this Realm and not in the said Court XLI All Assurances made of any Inheritance or Free-hold without the Kings assent by any Chantery Priest or other Governour having any of the said promotions being not made to the King shall be void as well against the King as against the successor of such Chantery Priest or other Governour XLII The right of others is saved other then the Governors and their Founders Patrons or Donors their heirs and successors and other then such persons their heirs successors and assigns as claim any free-hold or inheritance by conveyance from any such Governor without the Kings assent thereunto XLIII If any such Governour within one year before the 23. of Novemb. in the 27 H. 8. hath made or shall hereafter make any lease for life or years of any such promotion or any part thereof which was not for the most part of twenty years before such lease let to farm but in their own occupation Or within the said time hath made or shall hereafter make any such lease in reversion the old lease not being then expired Or within the said time hath made or shall hereafter make any such lease without reserving the accustomed yearly rent paid for the same twenty years next before the said 23. of November Or have made any Wood sale the Woods being yet standing that then every such lease and grant shall be void XLIV This Act shall not extend to any Lands or other Hereditaments whereof such Governors now are or hereafter shall be seised or possessed to their own use nor united nor annexed to their promotions nor to Lands or Pensions granted or to be granted by the King unto such Governors for life only under the Great Seal or the Seal of the Augmentations XLV The Governors from whom the King by force of this Act taketh any Lands c. shall be proportionably abated for the same in their Tenths and First-fruits XLVI Every person having any Annuity or rent issuing out of any such promotion shall still enjoy them notwithstanding this Act Also he that hath bought and paid for any wood shall have his money again or the same wood XLVII All payments for the First-fruits hapning after such seisure as aforesaid are discharged XLVIII All Rents Services Issues and Profits payable out of such promotions into the Exchequer shall be still continued notwithstanding this Act. XLIX Stat. 1 E. 6.14 All Colledges Free Chappels and Chanteries in esse within five years before the first day of this Parliament which were not in the actual and real possession of the late King nor of E. 6. nor excepted in
disposed as aforesaid IX In other places where there are no Wardens the Head-officers shall doe it and shall have the like power and advantage as those of London X. This shall not prohibit a Beer-brewer to keep in his house a servant for to mend his vessels XI If any shall diminish a vessel by taking out the head or a staff thereof the vessel shall be burnt and the offender shall forfeit 3 s. 4 d. to be disposed as aforesaid and shall be farther punished at the discretion of the Head-officers XII An Ale-brewer may also retain a Couper in his service to mend his vessels XIII Every Couper shall make his Ale-vessel according to the Assize exprest in the Treatise called Compositio mensurarum viz. every eight Gallons thereof to contain a Bushel according to the Assize limited by that Ordinance which was made 51 H. 3. in pain to forfeit for every vessel otherwise made 3 s. 4 d. to be disposed as aforesaid XIV Every Couper shall mark his vessel with his own mark in pain of 3 s. 4 d. to be levied and recovered as abovesaid XV. The Searchers shall not put out the Ale to measure the vessel whereby it may be made worse XVI This shall not prohibit to carry Ale to the Houses of his Majesty and Honourable persons in great vessels as Butts Pipes c. And Ale-brewers may convey Ale to any man's house in Barrels Kilderkins and Firkins being the due content * XVII Stat. 8 Eliz. 9. So much of the Statute of 23 H. 8.4 as concerns the prices of vessels is repealed XVIII Coupers shall sell their vessells at such rates as shall be yearly assessed in Corporations by the head-officers and in the Country by the Justices of Peace or the more part of them in the Sess after Easter XIX If after proclamations of the rates so assessed any Couper shall sell otherwise he shall incurr such penalties as by the said Statute of 23 H. 8.4 is ordained viz. for every Barrel Kilderkin and Firkin 3 s. 4 d. to be imposed and disposed as in the same Statute is exprest for selling such vessel above the due price Courts I. In the time of H. 8. there were amongst others three new Courts erected viz. those of the Augmentations First-fruits and Tenths and General Surveyors But these were afterwards annexed to the Exchequer by divers Acts of Parliaments and Letters Patents of H. 8. and Qu. M. Nevertheless in some of these Acts there remains yet somewhat in force as hereafter followeth II. Stat. 33 H. 8.39 All Obligations and Specialties concerning the King shall be made to him and his heirs Kings in his own name by these words Domino Regi and to no other person and then for payment Solvendum Domino Regi haeredibus vel executoribus suis with other words used in common Obligations and such Obligations shall be of the nature of Statutes-staple and if the King die leaving such Obligations they shall remain to his heirs or executors at the King's pleasure III. If any take Obligation that concerns the King in another manner they shall suffer imprisonment as shall be ordered by the King's Council IV. All suits for the King's debts in any Court mentioned in this Act upon any Obligation or Specialty delivered before this Act or to be delivered before the second day of May next shall be prosecuted in the King's name to what person soever such Obligation or Specialty were made and they shall be of the nature of Statutes-staple as before V. The King in all suits for debts shall recover his costs and dammages VI. Suits for the King's debts shall be in the proper Courts where they shall be due whether it be the Exchequer Dutchy Augmentations Surveyors Wards and Liveries First-fruits and Tenths or any of them out of which such processes shall issue for the speedy recovery of them as the Court shall think fit VII The said Courts shall have power to hear and determine all actions defaults offences and other things which shall arise upon any matter committed to the governance of the same Courts wherein the King shall be onely party and also all Estates for term of years betwixt party and party concerning the premisses all treasons felonies and estates of freehold and inheritance other then joyntures for term of life onely excepted VIII If any person shall make title to any lands sold or exchanged to any in fee-simple or fee-tail by the King's Letters Patents upon which a rent is reserved to the King his heirs and successors in the Court of Augmentations or shall demand any rents annuities officers fees or other profits out of lands in fee-simple or in fee-tail comprised in any Letters Patents or if the King shall make like title or claim to any lands of inheritance or profits out of lands assigned to the said Court in any Letters Patents that the said Court or more part of them shall hear and determine such titles and claims and without other Warrant make recompence to the party grieved IX If any Decree of the Court of Augmentation for any of the premisses extend onely to the loss of the Patentee for the life of the Demandant or Plaintiff or for term of years then shall the Chancellor of that Court without any other Warrant make recompence in money or out of lands limited to the survey of the same Court X. The aforesaid Courts shall have power to set fines and amerciaments and upon trials and other proceedings there to examine by such proofs and in such manner as they shall think fit and the proceedings and decrees of the said Courts shall be effectual in Law XI The chief Officers of those Courts may without any other warrant discharge all bonds and recognisances there hanging the debts being satisfied and the conditions performed and may also make void all recognisances for appearance or other contempt XII If any person to whom the King hath granted with reservation of rent any lands of inheritance or for life within the survey of any of the said Courts do not pay yearly unto the Treasurer or Receiver General of the said several Courts at the day limited or within three moneths after all summs of money so reserved or make sufficient tender thereof unto the said Treasurer or Receiver he shall forfeit so much as the fourth part of the said yearly rent shall amount unto and if he pay not the rent and money forfeited as aforesaid within six moneths he shall forfeit so much as half the rent amounts unto and for every half year after shall forfeit so much as the whole year's rent doth amount unto XIII The Treasurer or Receiver General may distrain for the said rents and forfeitures and the Head-officers of the said Courts may issue out process for the recovery of the same at their discretions XIV A Treasurer or Receiver general or particular shall sign with his own hand a lawful acquittance ready made to be signed by him without any fee in
the Parish oftentimes the Churchwardens and Overseers for the poor of the said parish where the child is born may seise and take so much of the goods and chattels and of the rents and profits of the lands of such reputed fathers or mothers as shall be ordered by two Justices of the Peace for and towards discharge of the Parish for providing for such bastard and by order of the Sessions may sell the said goods or so much thereof as the Court shall think fit and so much of the rents and profits of the lands for the said purposes XLIX The Defendant sued for any thing done upon this Act may plead the general Issue and upon Verdict for him Nonsuit or Discontinuance shall recover treble damages L. The poor of the Counties of Lancashire Cheshire Derby-shire York-shire Durham Cumberland and Westmerland and other Counties of England and Wales shall be maintained and set on work within their respective Parishes according to the intent of this Act and in case of default the several penalties herein to be incurred And the Justices of the Peace in the said Counties may execute all powers there under the like penalties as in the Statute of 43 El. cap. 2. to be levyed as therein mentioned LI. Proviso Impowring the Justices of the Peace in their Quarter-Sessions to transport convicted Rogues Vagabonds and sturdy Beggars to English plantations beyond the Seas LII Proviso for saving the Franchises and Liberties of the Dean and Chapter of Westminster and this Act as to all matters except what relates to the Corporations to continue till the end of the first Session of the Parliament after the 29th of May 1665. and no longer Post-Office I. Stat. 12 Car. 2. cap. 34. A Post-Office for the carriage of Letters and providing post-horses erected in London the Master whereof to be appointed by the Kings Letters Pattents under the Great Seal and the rates for carrying Letters ascertained as well Inland as beyond Sea II. Postmasters not providing sufficient horses for such as have occasion forfeit 5 l. for every offence one moyety to the King the other moyety to the party that will sue for the same in any the Kings Courts of Record III. No horses to be seised or used for any service within the said Act without consent of the owners IV. Stat. 15 Car. 2. cap. 14. Stat. 3. The profits of the said Post-Office and power of granting Wine-Licenses setled on the Duke of York and the heirs Males of his body ☞ Prerogativa Regis I. West 1.48 3. E. 1. Forasmuch as the King hath ordained these things viz. this Statute of Westm 1. for the honour of God and the Church and for the Common-wealth and for remedy of such as are grieved he would not that at any other time it should turn in prejudice of him or of his Crown but that such right as appertain to him should be saved in all points President of the Council I. Stat. 21 H. 8.20 Pars inde The President of the Kings Council if he be present may associate the Lord Chancellor Treasurer and Privy Seal at naming of Sheriffs setting of prizes of Wines and at all other Acts limited by any Statute to be done by the said Chancellor and Treasurer or Keeper of the Privy Seal Primer Seisin I. Prerog Reg. 3. 17. E. 2. The King shall have Primer seisin after the death of his Tenant in chief of all the lands whereof he dyed seised in Demesne as of Fee of what age soever the Heir be taking the issues of the same lands until inquisition be made and he have taken homage of such heir Printing See Books c. Per tot ☞ Prison Prisoners Goal Goalers I. Stat. 1 E. 3. Stat. 1.7 The Justices of either Bench Assize and Goal-delivery shall hear and determine all plaints made against Sheriffs and Goalers who shall compel or procure prisoners to become approvers viz. to accuse others II. Stat. 5 E. 3.8 Endictees and Appellees in the Kings Bench shall be safely kept in Prison by the Marshals there and not suffered to go at large according to the charge given them by the Justices And if any complain thereof the Justices shall do him right during the Terms III. At the end of every Term the Marshalls shall acquaint the Justices in what Town they will keep such Prisoners and shall there allow them houses at their own charge IV. The Marshals who suffer any such prisoner to go at large shall suffer half a years Imprisonment and be ransomed at the Kings will which the Justices shall have power to enquire of when they see time V. The proceedings against Marshals shall be within the Verge and if the Marshalls suffer any to escape they shall be proceeded against according to Law howbeit the King intended not by this Statute to lose the escape where he ought to have it VI. Stat. 14 E. 3. Stat. 1.10 Goals which were wont to be in she Sheriffs custody shall be again rejoyned to their Bailiwicks and they shall put in such keepers for whom they will answer VII The Goaler which by dures compells a prisoner to become an approver shall have judgment of life and member VIII Stat. 13 R. 1.15 The Kings Castles and Goals which were wont to be joyned to the bodies of the Counties and be now severed shall be rejoyned to the same IX Stat. 5 H. 4.10 Justices of Peace shall imprison none but in the common Goal saving to Lords and others who have Goals their Franchise in this case X. Stat. 19 H. 7.10 The Sheriff of every County shall have the keeping of the common Goal there except such as hold any by inheritance or succession also all Letters Patents of the keeping of Goals for life or years are annulled and void howbeit the Kings Bench nor Marshalsey shall be in the custody of any Sheriff and the Patents of Edmard Courtney Earl of Devon and John Morgan for keeping of prisons are excepted XI Stat. 6 H. 8.6 The Justices of the Kings Bench have power by their discretions to remand as well the bodies of Felons as their Indictments into the Counties where such Felonies were committed And also to command the Justices of Goal-delivery of Peace and all other Justices and Commissioners there to proceed and determine such Felonies in like manner as if their bodies and Indictments had not been removed XII Stat. 23 H. 8.2 The Justices of Peace in Essex Suffolk Dorset Sussex Surrey Nottinghans Glocester Bedford Buckingham Huntington Wilts Kent Warwick Staff Oxon Bark Ieic Rutl. Linc. Heref. North. Salop. Norf. Cornwal and Derby or the greater part of them in their respective Counties have power within one year to appoint the Towns and places within their respective limits where common Goals may be edified and to tax the several Counties for building and furnishing the same Howbeit this tax was not to extend to corporate Towns having Justices and Common Goals of their own XIII Felons shall be committed to the
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
for Poultry or other small things but for other great purveyances within a month or six weeks XXVII Stat. 36. E. 3.2 From henceforth purveyances shall be made for the King and Queens Houses and none other XXVIII The odious name of a Purveyor shall be changed and termed Buyer XXIX If the buyer and seller cannot agree the goods shall be appraized by the Lords or Bailiffs Constables and four men by Indenture between the buyer and them containing the quantity of the takings the price and of what persons bought which takings shall be made without dures or compulsion in places of plenty and in a convenient time XXX Purveyors shall be men of sufficiency and shall make no Deputies their Commission shall be renewed every half year under the Great Seal which none is bound to obey unless they pay ready money as well for things bought as also for carriages XXXI Purveyance of Grain or Malt shall be made by striked measure according to the Standard and no more carriages shall be used for it then shall be needful XXXII If any Purveyor or Buyer offend against the Statute he shall suffer punishment of life and member See the Statute confirmed 23 H. 6.1 XXXIII Stat. 36. E. 3.3 No buyer shall spare any from carriages nor charge any for hatred or ill will in pain to yield to the party grieved treble damages suffer two years imprisonment to be ransomed at the Kings will and to abjure the Court and if the party grieved will not sue in this case any other that will shall have the third peny of what shall be recovered XXXIV Stat. 36. E. 3.4 Commission shall be awarded to enquire of the behaviour and act of such buyers and if it shall be found by the Countrey that they have taken more then they have delivered in or have not paid for what they have taken they shall have pain of life and member XXXV Stat. 36. E. 3.3 None shall keep more houses of the Kings then shall be committed to him XXXVI None of the King or Queens Houses shall make any Purveyor but shall buy provision as others do of such as are willing to sell XXXVII Stat. 38. E. 3.6 It is Felony for any Subjects servant to take any thing by way of purveyance without the owners notice XXXVIII Stat. 1. R. 2.5 Prelates shall have their actions of trespass against Purveyors offending and shall also recover treble damages XXXIX Stat. 7. R. 2.8 No Subjects Cator shall take any victual or carriage without the owners consent and present payment in pain to incur the penalties comprised in the Statutes of Purveyors XL. Stat. 2. H. 4.14 When the value of a thing taken exceeds not 40 s. the Purveyor shall make present payment for it in pain to lose his Office and also to pay as much to the party grieved XLI Stat. 1. H. 6.2 The Statutes of Purveyors shall be proclaimed quarterly by every Sheriff throughout his Bailiwick in pain to forfeit 5 l for every time he makes default XLII Stat. 20 H. 6.8 A Purveyor that takes goods whose value exceeds not 10 s. and payes not present money for them may lawfully be resisted And here the Constable Headborough or other Officer shall upon request assist the owner in pain to yield unto the said owner the value of the goods taken and double damages XLIII None of the Kings Officers shall Arrest or trouble any of the Kings Subjects for any such resistance in pain of 20 l. to be drvided betwixt the King and the prosecutor XLIV Justices of Peace have power to hear and determine the offences committed against this Act and upon conviction of the Defendant to award damages to the Plaintiff XLV In every purveyors Commission this Act shall be inserted and shall also be sent to the Sheriffs of every County to be proclaimed amongst other Statutes of purveyors according to the Statute of 1 H. 6.2 XLVI Stat. 23 H. 6.1.2 Every purveyor before he receive his Commission shall be sworn to the Chancery to take nothing of subjects contrary to the Statute of 36 E. 3.2.3 XLVII The party grieved by taking which upon request was not assisted by the Apprizer Town or Towns adjoyning may bring his Action of Debt against the Town or the purveyor which he likes best and shall recover the treble value of his goods so taken away together with his costs and treble damages And none of the Kings Officers shall trouble any of the Kings subjects for the execution of this Act in pain to forfeit 20 l. to the party grieved besides his costs and damages for which he may have a Writ of debt in which Action no wager of Law Essoin Aid of the King or protection shall be allowed And the debt damages and executions recovered against a purveyor in the case if he hath not whereof to pay them shall be satisfied by the Serjeant of the Catery unto whom a Scire sacias shall be directed for that purpose XLVIII These Statutes shall be sent to the Justices of peace in every County to the end they may be yearly proclaimed XLIX Stat. 23 H. 6.14 All Mayors Bailiffs Constables and other Officers shall upon request made arrest and imprison without bail all purveyors except only the Kings or Queens which take any goods or carriages from any of the Kings subjects in pain to forfeit 20 l. to be divided betwixt the King and the party grieved in case he will sue for it but if not then betwixt the King and the prosecutor And the party offending being duly convicted thereof shall yield to the party grieved the treble value of the goods so â—raken and double costs and besides shall fine to the King for the trespass committed L. Here no wager of Law or the Kings protection shall be allowed to the defendant LI. This Act shall not restrain the punishment ordained against the Kings purveyors LII Stat. 28 H. 6.2 No person keeping an Hostery Brew-house or Victualling shall be a purveyor and all Letters Patents of purveyance granted to such shall be void LIII No purveyor shall take any horse or Cart but by the consent of the owner or delivery of the Mayor Sheriff Bailiffs or Constable in pain to be subject to an Action of Trespass wherein the party grieved shall recover treble damages LIV. Stat. 2 3. P. M. 6. No Commission of purveyance shall continue in force above six months LV. In every such Commission shall be inserted the proportion and number of things to be taken as also the County or Counties where such purveyance is to be made LVI To every Commission shall be annexed blanks in parchment according to the number of the Counties into which it extends and in every such blank shall be fair written the proportion and number of the commodities there to be taken which shall also be subscribed by the High-Constables Constables or other Officers which shall be privy to the delivery of the said goods LVII The purveyor shall make writings
Mayors and chief Officers shall at least once every year view all measures and weights within their jurisdictions and break or burn them which they find defective and also inflict punishment upon the offenders viz. for the first offence 6 s. 8 d. for the second 13 s. 4 d. and for the third 20 s. and besides adjudg them to the Pillory LX. Two Justices of Peace one Quorum have authority as well by examination as inquiry to hear and determine the defaults of Mayors and other head Officers and also of buyers and sellers contrary to this Act and to set fines and amerciaments upon the offenders at their discretion and the defective weights and measures are to be forfeited and burnt LXI Eight bushels of corn raised and stricken shall be accounted a Quarter 14 l. a stone of wooll and 26 stone a sack Howbeit this Act shall not extend to any person selling or buying by water-measure within Ship-board whereof every bushel shall contain five pecks raised and stricken LXII Within the Cinque-Ports the Lord Warden or his Lievtenant shall order the weights and measures LXIII Stat. 12 H. 7.5 A Bushel shall contain eight gallons of wheat and every gallon 8 pounds of wheat Troy-weight and every pound 12 ounces and every ounce 20 Sterlings or penny weights every Sterling shall weigh 32 grains of wheat that grew in the midst of the ear of wheat and a Standard for the Kings Treasury is to be made according to this Assize LXIV Whereas weights and measures set down to Cities and Boroughs last year by the Stat. of 11 H. 7.4 were found defective others more perfect shall be sent thither at the charge of the said Cities and Towns according to which all other weights and measures shall be regulated upon the pains in the said Statute contained LXV Stat. 28 H. 8.14 in fine The Statute of 1 R. 3.13 and all other Statutes made for the due gauging and measuring of Wine Oyl Honey and other Liquors shall be duly put in execution LXVI Every Gauger shall duly gauge all the said Vessels and mark upon the head of each of them the true content thereof in pain to forfeit to the buyer thereof the quadruple value of that it wants besides costs of suit The Merchant also shall recompence the buyer what it wants according to the value of the vessel bought in pain to forfeit to the buyer the double value of such vessel sold together with costs of suit VVhite Ashes * I. Stat. 2 3. E. 6.26 None shall ship lade carry or convey any White Ashes towards the parts beyond Sea in pain to forfeit for every bushel 6 s. 8 d. to be divided betwixt the King and the prosecutor VVhitegate I. Stat. 33 H. 8.32 The Church of Whitegate in Cheshire shall be a Parish Church and no part of the Parish of Over VVild-fowl * I. Stat. 25 H. 8.11 None shall destroy or take away the eggs of any Wild-fowl in pain to forfeit for every egg of a Crane or Bustard so taken or destroyed 20 d. of a Bittern Hern or Shoveland 8 d. and of a Mallard Tele or other Wild fowl 1 d. to be divided betwixt the King and the prosecutor And the Justices of Peace have power to enquire hear and determine offences of this kind as they use to do in cases of trespass VVills I. Merton 2.20 H. 3. Widows may bequeath the crop of their ground as well of their dowers as other lands saving to the Lords of the Fee all such services as be due for their dowers or their tenements II. Stat. 32 H. 8.1 Every person having Mannors Lands Tenements or Hereditaments holden in soccage or of the nature of soccage-tenure and not having any such Mannors Lands c. holden of the King by Knight-service Soccage Tenure in chief or of the nature of Soccage-tenure in chief nor of any other person by Knight-service shall have power to give dispose will and devise as well by his last Will and Testament in writing or otherwise by any act executed in his life all such Mannors Lands c. at his pleasure III. Every person having Mannors Lands c. holden of the King in Soccage or of the nature of Soccage in chief and having any other Mannors Lands c. holden of any other person in Soccage or of the nature of Soccage and not having any Mannors Lands c. holden of the King or any other by Knight-service shall have power to give will dispose and devise as well by his last Will and Testament in writing as otherwise by any act executed in his life all such Mannors Lands c. or any of them at his pleasure IV. Howbeit all such primer seisins reliefs fines for alienation and all other rights and duties for tenures in soccage or in the nature of soccage in chief as have been heretofore used are saved to the King and the said Mannors Lands c. are to be taken had and sued out of the Kings hands by the person or persons to whom they shall be so disposed willed or devised in like manner as hath been used by any heir or heirs before the making of this Statute V. Every person having Mannors Lands c. of estate in inheritance holden of the King in chief by Knight service or of the nature of Knight service in chief hath power by his last Will in writing or by any other Act executed in his life to give dispose will or assign two parts thereof in three parts to be divided or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty and by special divisions that it may be known in severalty for the advancement of his wife preferment of his children and payment of his debts or otherwise at his pleasure VI. Here also the custody wardship and primer seisin or any of them as the case shall require of as much of such mannors lands c. as shall amount to the clear yearly value of the third part there of As also all fines for alienation upon such alteration of the Freehold or inheritance are saved to the King VII Every person having Mannors lands c. of estate or Inheritance holden of the King in chief by knight-service and having other Mannors lands c. holden of the King or any other by knight-service or otherwise hath power to give dispose will or assign by will in writing or otherwise by Act executed in his life two parts thereof in three parts to be divided or so much thereof as shall amount to the yearly value of two parts thereof to be severed as aforesaid for the advancement of his Wife preferment of his children and payment of his debts or otherwise at his pleasure VIII Here likewise the custody Wardships primer seisin and fines for alienations are saved to the King as before IX Every person having mannors lands c. of estate of inheritance holden of any other Lord by
Knight-service and other Lands in Soccage or of the nature of Soccage may give dispose or assure by will or otherwise by Act executed in his life two parts of the knight-service land or so much thereof as shall amount to the yearly value of two parts as aforesaid and also all the soccage-land at his pleasure saving to such Lord for his custody and wardship so much of the knight-service land as shall amount to the yearly value of the third part thereof X. Every person having mannors lands c. holden of the King by Knight-service and not in chief or any mannors lands c. holden of the King by Knight-service and not in chief and other mannors lands c. holden of any other person by knight-service and also other mannors lands c. holden of any other person in soccage or in the nature of Soccage may give dispose will devise and assure by his last Will or otherwise by act executed in his life two parts of the said Knight-service-Land or so much thereof as shall amount to two parts of the yearly value thereof as aforesaid and all the soccage-land at his will and pleasure Howbeit here also the custody and Wardship of so much of the said Knight-service mannors lands c. as shall amount to the yearly value of the third part thereof are saved to the King and other Lords respectively and if the King or other Lord have not in this case a full third part set out for them they may respectively take into their possession so much of the other two parts as will make it a full third part XI Provided that all persons shall sue liveries for possessions reversions or remainders and pay reliefs and heriots as they did before the making of this Act. XII Fines for alienations shall be paid in Chancery upon Writs of entry in the Post for common recoveries suffered of any Mannors Lands c. holden of the King in chief in like manner as upon alienations of such Mannors Lands c. by fine or feoffment Howbeit no other fine shall be paid there for any such Writs but only such fines for alienation XIII Where two or more hold any Mannors Lands c. of the King by Knight-service joyntly to them and the heirs of one of them and he that hath the inheritance dyeth his heir being within age the King shall have the Ward and Marriage of such Heir the life of the freeholder or Freeholders notwithstanding saving to every Woman her Interest of Dower in such lands to be assigned out of the two parts thereof severed from the third part as abovesaid and not otherwise and saving also to the King the reversions of all such tenants by joynt-tenure and Dower after the death of such tenants in case they happen to dye during the nonage of the Kings Ward XIV Stat. 34.35 H. 8.5 Where the Statute of 32 H. 8.1 mentioneth mannors lands c. of inheritance it shall be expounded and taken of estates in fee-simple XV. Every person having a sole estate in fee-simple or seized in co-parcenery or in common in fee-simple in any Mannors Lands tenements rents or other hereditaments in possession reversion or remainder and having no Mannors lands c. holden of the King or of any other by Knight-service may give dispose will or devise to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said mannors lands tenements rents and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure XVI Every person having such an estate or seized as aforesaid of or in any mannors lands rents c. in possession reversion or remainder or of or in any rents or services incident to any reversion or remainder holden of the King by Knight-service in chief or of the nature of Knight-service in chief may give dispose will or assign to any person or persons except bodies politick and corporate by his last Will and Testament in writing or by an Act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is two parts as well of all the said Mannors lands c. as of all other rents and hereditaments or of any of them or any rents commons profits or commodities out of or to be perceived of the same two parts or out of any parcel thereof in three parts to be divided or as much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided of what person or persons soever they be holden at his free will and pleasure XVII Such Will so declared shall be good for two parts of the said Mannors lands c. although it be made of the whole or more then the two parts thereof the said division to be made by the devisor or owner of the said Mannors lands c. by will in writing or otherwise in writing and in default thereof by Commission out of the Court of Wards upon inquiry of the true value thereof by the oaths of 12 men and upon return thereof in the same Court the division shall be made by the Master of the Wards if the said Master and parties cannot otherwise agree upon the division and the issues and profits of the two parts shall be restored to them that shall have right thereunto from the death of the owner or deviser XVIII Every person being seised solely in co-parcenery or in common as aforesaid of any mannors lands rents c. in possession reversion or remainder or of any â—ents or services incident to any reversion or remainder holden of the King by Knight-service and not in chief or of any other person by Knight-service may give dispose will or devise to any person except to bodies politick by his last Will and Testament in writing or by act executed in his life solely or joyntly as aforesaid two parts thereof or any rents common or profits to be perceived out of the same two parts or out of any part thereof c. And such Will shall be good for such two parts albeit it be made of the whole lands so holden or of more then the said two parts and shall also be good for all lands not holden in Knight-service and for all rents commons and other profits to be perceived out of the same XIX Here also the division of the third part is to be made as before where it concerns the Kings Interest but where it concerns other Lords the division shall be by Commission out of the Chancery if such Lords and the parties in the mean time cannot agree
ingrossing and forestalling so as they carry the same to Halifax and there sell it to such poor people of that or other Parishes adjoyning as to their knowledg shall work them in cloth or yarn and not to the rich Clothier nor any other to sell again XXV If the wool-driver shall sell his wools out of Halifax or if any buy wools in Halifax to sell the same unwrought in yarn or cloth every such offender shall forfeit the double value of the Wool so sold or uttered whereof the King and Queen is to have the one moyety and the Prosecutor the other And Justices of Peace in Sessions have power to hear and determine these offences XXVI Stat. 12 Car. 2. cap. 32. None shall export any sheep or wool woolfels mortlings yarn Fullers earth fulling-clay nor carry load or convey the same to be transported upon several penalties as well upon the owners of ships as the persons that shall convey the same See the Act at large XXVII Stat. 14 Car. 2. cap. 18. None shall export any sheep wool woolfels mortlings shortlings yarn made of wool wool-flocks Fullers earth fulling-clay nor Tobacco-pipe clay XXVIII Justices of Assise Goal-delivery and Justices of the Peace at their Quarter-Sessions may hear and determine offences against the said Act. XXIX Stat. 14 Car. 2. cap. 19. No Forreign Wool-cards Card-wire or Iron for Wool-cards shall be imported nor used in England or Wales Women Widows Wives and Maids I. Magna Charta 7 9 H. 3. A Widow immediately after her husbands death shall have her marriage and inheritance and shall give nothing for her dower marriage or inheritance which her husband and she held the day of his death II. Also she shall remain in the chief house of her husband forty dayes after his death if the house be not a Castle within which 40 dayes her dower shall be assigned her if it were not assigned her before III. If the house be a Castle and she depart from thence then shall a convenient house be forthwith provided for her where she may conveniently dwell untill her Dower be assigned and in the mean time she shall have reasonable estovers of the common And for her dower shall be assigned unto her the third part of all the land which was her husbands in his life time unless she were before endowed of less at the Church door IV. No widow shall be distrained to marry her self while she will live without a husband Howbeit she shall find surety that she shall not marry without the Kings licence and assent if she hold of the King nor without the assent of the Lord in case she hold of another V. Prerog Regis 4.17 E. 2. The King shall assign dower to the Widows of his tenants in chief albeit the heir be at age if the widows will and such widows before assignment of their dower shall swear that they will not marry themselves without the Kings licence whether the heirs be of full age or not VI. If they marry without licence the King shall seize by way of distress the land they held of him in dower until he be satisfied at his own will so that they shall take nothing of the issues thereof For by such distresses they and their husbands must fine at his will which in the time of H. 3. was estimated one years value of her Dower VII Women that hold any Inheritance of the King in chief of what age soever they be shall likewise swear not to marry without the Kings licence And if they do their lands shall be seized as aforesaid until the King be satisfied at his will VIII Stat. 31 H. 6.9 Where any person or persons take women by force or otherwise by perswasion get them into their possession and when they so have them will not suffer them to go at large until they have bound themselves by obligations or Statute Merchant in great sums of money to them or others for their use and many times compel them to be married against their likings and levy such sums upon their Lands In these cases the obligor shall have a Writ out of the Chancery containing the matter of such evil usage directed to the Sheriff of the County where such offence is committed to make Proclamation in full County and also in the next County-Court after the receit of the Writ that the offender shall appear at a certain day prefixed in the Writ before the Lord Chancellor or otherwise before the Justices of Assize in the County where the offence is done or else before some other person thereunto assigned by the Lord Chancellor At which day if the offender appear the said Chancellor Justices or other person-shall duly examine the parties upon the premises And if it be found that the obligations were so made they shall be void but otherwise they shall stand in force Also if the offender appear not they shall likewise be void as also all the proceedings thereupon IX Here if the Sheriff be remiss in the execution of such a writ he shall forfeit 300 l. to be divided betwixt the King and the party that purchased the same Writ X. Stat. 4 5 P.M. 8. None shall take or convey or cause to be taken or conveyed away any Maid or Woman-child unmarried being within the age of 16 years out of the custody and against the will of the father or mother of such child or of the person to whom the father of such child by his last will or other Act in his life-time hath appointed Governance of such child except such taking shall be by or for such person as without fraud is master or mistriss of such child or her guardian in Soccage or Chivalry in pain of two years imprisonment without bail or else to pay such fine as shall be assessed by the Queens Council in the Star-Chamber XI None shall take away and deflower any such child or against the will of her father if he be living or of her mother having the custody of her if the Father be dead contract matrimony with any such child except by the title of Wardship in pain to suffer five years imprisonment or else to pay such fine as shall be assessed by the said Council in the Star-Chamber XII The said fines shall be divided betwixt the King and Queens Majesties and the party grieved XIII The said Council in the Star-Chamber and Justices of Assize have power to hear and determine these offences XIV If any such child above the age of 12 years and under the age of 16 years do consent to any such contract of Matrimony the next of the Kin to whom her inheritance should come shall enjoy it during her life But after her decease it shall revert to the inheritor other then to him that did so contract Matrimony XV. Provided That this Act shall not be prejudicial to any custome or authority concerning Orphans in London or any other City Borough or Town Worsteds I. Stat. 17 R.