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
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-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
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
several grounds lying in or near the same as are subject to surrounding between the Lords Commoners or owners thereof on the one part and the drainers on the other part shall be good in Law according to the manner and form of such contracts or bargains IX Where the Queen her heirs and successors hath an interest in such wastes or commons such contracts or bargains shall not binde them unless they be written in parchment indented and certified into the Chancery and the royal assent thereunto first obtained and signified under the privie or great Seal when the wastes or soils are of the possessions of the Crown but under the Seal of the Dutchy of Lancaster and inrolled in that Court when they are of that kinde X. This Act shall not impair or take away the interest of such Lords Commoners or Owners in any part of the residue of the wastes or commons not assigned to the said Drainers or any Franchise or Liberty but that the same may be lawfully used as if this Act or such contract or bargain had not been made XI This Act shall not be prejudicial to Ports or Havens neither shall it be put in execution within eight miles of Yarmouth or six miles of Linne ☞ Armour Arms. I. Stat. 7 E. 1. It belongeth to the King to prohibit force of Arms and all other force against the peace and to punish offenders therein according to the Law and herein every subject is bound to be aiding II. Stat. 1 E. 3. Stat. 2.5 None shall be charged to arm himself otherwise then as was used in the time of the King's progenitors neither yet shall any be compelled to go out of his Shire but when necessity requireth and the sudden coming of strange enemies into the Realm and then it shall be done as in times past for the defence of the Realm III. Stat. 2 E. 3.3 None shall come with force and arms before the King's Justices or other his Ministers nor go or ride armed in affray of peace in pain to forfeit their armour and to suffer imprisonment at the King's pleasure IV. Justices of Peace and other Officers have power to put this Act in execution and the Justices of Assise shall inquire of their default in that behalf V. Stat. 7 R. 2.13 None shall ride in harness contrary to 2 E. 3.3 in pain to forfeit the same VI. Stat. 20 R. 2.1 The Statutes of 2 E. 3.3 7 R. 2.13 shall be duly observed upon the pains contained in the said Statute of 2 E. 3.3 and beside to make fine to the King VII Stat. 31 El. 4. To imbezil 20 s. worth of the Queen or her successors Ordnance Munition or Victual provided for war for lucre or with purpose to hinder the service is adjudged felony if prosecuted within the year VIII This offence shall not cause corruption of bloud nor loss of Dower onely the offender shall forfeit his lands during his life IX The Defendant may produce witnesses for his discharge See more in Title of Captains and Souldiers n. 39. Arrests I. West 1. cap. 34. 3 E. 1. None except the King's Ministers shall within a Liberty arrest any person passing through the same and holding nothing thereof for any Contracts Covenants or trespasses made or done out of such Liberty in pain to pay double dammages to the party grieved and a fine to the King II. Stat. 50 E. 3.5 None shall arrest Clerks or other persons of holy Church doing Divine Service in pain of grievous forfeiture so that Collusion be not found in any such persons or Clerks III. Stat. 1 R. 2.15 None shall arrest such person or Clerks doing Divine Service in pain of imprisonment and to be ransomed at the King's will IV. Stat. 13 Car. 2. ca. 2. Stat. 2. No person arrested upon any Writ out of the King's Bench or Common-Pleas upon which he is bailable by the Statute 23 H. 6. ca. 10. shall be forced to give Security or enter into bond with Sureties for his appearance at the day in such writ bill or process specified in any summ above 40 l. unless the cause of action be expressed particularly and where such cause of action is not expressed all Sheriffs and Officers shall let to bail persons arrested upon 40 l. Security for their appearance according to the Statute 23 H. 6. V. Upon appearance by Attorney in Term entred in Court where the process is returnable the bail-bond shall be satisfied and discharged and after such appearance no amerciament shall be estreated against any Sheriff or officer for want of appearance and if the Plaintiff in some personal action declare not before the end of the next term after appearance Non-suit may be entred against him and costs taxed and levied as in the Statute 28 H. 8. ca. 15. VI. Proviso this Act extend not to Cap ' utlagatum Attachments upon Rescous Attachments of Priviledge or any other Attachment for contempt whatsoever issuing out of either of the said Courts VII Original writs may be sued upon personal actions against persons in the Fleet and an Habeas corpus granted to bring them to the barr to answer any suit and declaration being put in and the Defendant not pleading judgment may be entred by Nihil dicit and the Prisoner charged in execution upon notice thereof to the Warden of the Fleet by rule of the Court. VIII In Actions of debt and other personal Actions and Ejectione firm ' in any of the said Courts after issue joyned to be tried by the Jury and after Judgment obtained there shall not need to be 15 days between the Teste and Return of any Venir ' fac ' Hab ' corâ—â—â— a Jurator ' Distringas Fieri fac ' or Cap ' ad sat is faciendum and the want thereof shall be no error Provided this extend not to Writs of Cap ' ad satis faciendum where any exigent after judgment is to be awarded nor to any Cap'ad satis faciendum in order to make any bail liable ☞ Arrow-Heads * I. Stat. 7. H. 4.7 All Heads for Arrows and quarrels shall be well boiled or brazed and hardened at the point with steel in pain to forfeit them be imprisoned and make fine at the King's will II. Such Arrow-heads and quarrels shall be marked with the proper mark of the maker III. Justices of P. have power to punish such as make defective Arrow-heads and quarrels Assault * I. Stat. 5 H. 4.6 If any assault the servant of a Knight or Burgess of Parliament Proclamation shall be made that he render himself into the King's Bench within a quarter of a year which if he doe not he shall be attainted of the fact and pay double dammages to the party grieved to be taxed by the discretion of the Justices or by inquest if need be and besides shall make fine and ransom at the King's will II. Stat. 11 H. 6.11 The like provision is made against assaults made upon any member of either House of Parliament or of
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
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
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
between the Lord that distraineth and the tenant the Mesne also being of full age and the Tenant Tenant in fee-simple Militia See Captains and Souldiers Numb XXXIX Ministers I. Stat. 12. Car. 2. cap. 17. An Act for confirming some and restoring other Ministers to their Benefices Monasteries Abbeys Priories Colledges Free-Chappels Hospitals Chanteries their Governours and Possessions and also all other Religious persons I. Marlb 28. 52. H. 3. If wrongs or trespasses be done to Abbots or other Prelates of the Church and they dye before Judgment given thereof whether or no the suit be commenced in their life-time yet their successors shall have actions to demand the goods of their Church out of the hands of such trespassers II. The successors shall also have a writ to recover seisin of their lands intruded into in time of vacation and therein damages shall be awarded them as in Assizes of Novel disseisin is used III. West 1.1 3. E. 1. The Peace of the Church and Realm shall be duly kept and Religious houses shall not entertain any at the charge of the house save only the Founders c. neither shall any charge them in pain of imprisonment to make fine and to be otherwise punished at the Kings will IV. No purveyance shall be made of a Prelate without his consent V. The Sheriff shall not ride with above 5 or 6 horse nor indamage Religious persons by lodging too often at their houses or Mannors VI. Artic. Cleri 11. 9. E. 2. Religious houses shal not be charged by compulsion with Corodies Pensions resort or taking of their Horses or Carts upon the pains ordained by the Statute of West 2. VII Stat. 1. E. 3. Stat. 2.10 There shall be no more grants of Pensions Prebends Churches or Corodies at the Kings request by Bishops Abbots Priors Abbesses or Prioresses VIII Stat. 27. H. 8.28 All Monasteries Priories and other Religious Houses of Monks Canons and Nuns which have not above the clear yearly value of 200 l. per annum are given to the King and his heirs to have and hold the same in as large and ample manner as they injoyed them And all grants thereof made or to be made by the King to others are confirmed The right of others having any profit out of the same being saved IX Fraudulent Conveyances made by Governours of such houses within one year next before the making of this Act shall be void Howbeit all Leases upon the accustomed rents and grants of accustomed Offices Fees or Corodies are saved X. All Ornaments Jewels Goods and Debts which they had the first of March 1535 or at any time since are also given to the King XI The King shall have the actual and real possession of the said houses without inquisition of office so that he may lawfully grant them at his will and pleasure XII Cels which are only obediencers to the Abbies and Priories dissolved by this Act shall still remain undissolved notwithstanding this Act The right also of Founders Patrons and Donors is saved XIII Stat. 27 H. 8.27 Pars inde Upon the grant of Abbey Lands in fee a tenure in Capite shall be reserved to the King and also a yearly payment of the tenth part of the yearly value mentioned in the Letters Patents XIV Stat. 31 H. 8.13 The King and his heirs shall have all the Monasteries Abbies Priories Nunneries Colledges Hospitals houses of Friers and other religious houses and places together with their estates which since the 4. of Feb. 27 H. 8. have been dissolved suppressed renounced relinquished forfeited given up or by any other means are come into the Kings hands in as large and ample manner as the Governors thereof held them in right of the said houses XV. All Religious houses dissolved and to be dissolved together with the revenues to them belonging shall be in the actual possession of the King XVI These Abbey lands except such of them as shall come to the King by attainder of Treason shall be within the survey of the Court of Augmentations XVII Here the right of all others is saved save only for Rents-service Rents-seck and all other services and suits which are excepted out of the said saving XVIII Provided that all Leases of any such Religious or Ecclesiastical house or of any hereditaments thereunto belonging granted within one year next before the dissolution thereof which hath not heretofore been usually demised or whereof there was a former Lease in being or whereupon such ancient yearly rent is not reserved as hath been usually paid for the same twenty years next before the beginning of this Parliament and also wood-sales made within one year as aforesaid shall be void XIX Also all Feofments Fines and Recoveries of such Lands whereof the King was Founder made acknowledged or suffered by the Governours or Governesses thereof without the Kings Licence within one year next before such dissolution shall be void XX. The like provision is made for making void Leases and Wood-sales of Lands belonging to such Religious or Ecclesiastical houses as are hereafter to be dissolved Also all Feofments fines and Recoveries of such lands where the King is Founder made acknowledged or suffered by the Governours or Governesses thereof shall likewise be void XXI Leases for years not exceeding 21 made a year before this Parliament or the dissolution of such house and whereupon the accustomed rent is reserved and where a former term therein is not expired at the making of such Lease shall be good notwithstanding this Actiso also is a Lease for life or lives granted a year before dissolution to the old tenant or the former lease for life o◠〈◊〉 being not expired and the accustomed rent being reserved XXII Grants also for life by Copy of Court-Roll according to the custom where the old rent is reserved shall be good XXIII Leases examined inrolled decreâ—d or affirmed in the Court of Augmentations albeit they be made within the year shall be good XXIV Where any hath paid money for wood and by this Act is abridged from having his bargain he shall be relieved therein by the Chancellor and other Officers of the said Court or any three of them whereof the Chancellor is to be one and if any other hath taken the Wood he shall make satisfaction for the same to the party grieved XXV Grants to other persons by such Religious persons with the Kings consent and licence under the great Seal shall be good Howbeit here the right of others is saved XXVI A confirmation of the Kings exchanges and purchases since the fourth of February 27 H. 8. Howbeit here also the right of all persons but the exchangees and bargainees is saved rents-service rents-seck and other services excepted XXVII The Kings Letters Patents of Lands or other hereditaments granted since the fourth of February 27 H. 8. and within three years after the making of this Act shall be sufficient notwithstanding mis-recital non-recital mis-nosmer cause consideration or thing material to the
the said Statute of 37 H. 8.4 other then such as by the Kings Commission shall be altered and all Mannors Lands Pensions Hereditaments and things belonging to them and all Mannors Lands c. given or limited for the finding of a Priest to have continuance for ever and wherewith a Priest hath been maintained within the said five years which were not in the actual possession of H. 8. or E. 6. and all rents profits and emoluments within the said five years imployed towards or for the maintenance of a stipendiary Priest intended by any Act or Writing to have continuance for ever shall be adjudged and be in the actual and real possession of the King his heirs and successors without any office or other inquisition in as large manner as such Priests or other Governors or Incumbents thereof at any time within the said five years injoyed the same L. All Mannors Lands c. appointed for the maintenance of such Priests to have continuance for a term of years not yet expired are also given to the King during such term only and no longer and then it shall be lawful for the Reversioner to enter without livery Ouster le main petition or other suit to be made to the King for the same LI. The King shall also have all Lands Tenements rents and other Hereditaments given for the maintenance of an Anniversary or Obit or other like intent or of any light or lamp in any Church or Chappel to have continuance for ever which hath been so maintained within five years above limited LII Where an Anniversary Obit Light Lamp or the like is kept or maintained out of part of the issues of any lands c. the King shall have so much yearly rent issuing out of the same lands as such charge did amount unto in any one year within the said 5. years to be paid yearly by even portions at Michaclmas and Lady day into the Court of Augmentations or such other Court as the King shall appoint and upon non-payment thereof it shall be lawful for the King his heirs and successors to distrain for the same And if there be no distress to be had and the rent be unpaid by the space of a month after it should be paid in such case the King shall seize part of the Lands of like value to answer the rent to have and hold them to him his heirs and assigns or for so long time as he so was to have the issues out of the said Lands LIII The King his heirs and successors shall have all sums of money profits commodities and emoluments appointed to have continuance for ever which in any one year within the said years have been imployed by any Corporation Guild Fraternity Company or Fellowship of any Mystery or Craft or by any Governour or Governours towards the maintenance of any Priest Anniversary Obit Lamp Light or the like to be paid yearly as a rent charge at Michaclmas and Lady day by even portions in the said Court of Augmentations or in any other Court that the King shall appoint LIV. The King hath power to distrain the said Corporations Guilds c. for the said money which shall be in the actual possession of the King without any inquisition or office LV. The King shall have to him his heirs and successors all Fraternities Brotherhoods and Guilds and all their Lands c. other then those above mentioned and they shall be also in the actual possession of the King without any inquisition or office LVI The King may direct Commissions to such persons as he shall think fit which Commissioners or any two of them shall have power to survey all Lay-Corporations Guilds Fraternities Companies and Fellowships of Mysteries or Crafts incorporate and all other Fraternities Brotherhoods and Guilds within the limits of their Commission and also all Evidences Compositions Books of Accompts and other writings thereby the better to discover what money or other things was paid for the finding of a Priest Anniversary c. And likewise to inquire what Mannors Lands Tenements Rents and other hereditaments are given to the King by force of this Act. LVII The Commissioners or any two of them have power where Guilds Fraternities or Chantery Priests having been in esse from Michaelmas last to the first day of this Parliament ought by their foundation to have kept a Grammar-School or Preacher to assign Lands to continue in succession to a School-master or Preacher for ever towards the keeping of a School and preaching and for such other good purposes as to them shall seem meet And likewise to make a Vicar to have perpetuity for ever in every Parish being the first day of this Parliament a Colledge Free chappel or Chantery or united unto any of them And also to indow such Vicar sufficiently without any licence or grant from the King Bishop or other Officers of the Diocess LVIII These also have power in great Towns where more Priests are necessary to assign such Lands for the maintenance of one or more Priests there as they shall think fit And also to give Rules for the service use and Demeaner of such Priests and Schoolmasters as aforesaid and to set down by what name or names they shall from thenceforth be called LIX The Commissioners shall also assign such yearly pensions to every Governour Fellow and servant of every such Colledge Free-Chappel or Chantery to continue during their several lives as to them shall seem fit LX. The Commissioners shall inquire what money or other profit any poor person injoyed within 5 years before this Parliament and to give order for the payment thereof and to assign Lands for that purpose that it may have continuance for ever And also to appoint lands to Fraternities Brotherhoods and Guilds for the Maintenance of Peirs Jutties Walls and Banks LXI The Receivers of the respective Counties where such Pensions are allowed by the Commissioners shall readily pay them without fee and shall be allowed his upon their accompt LXII The Commissioners shall make oath thâ—t they shall beneficially execute their Commissions towards the Deans Masters Wardens Provosts and other Incumbents aforesaid as also towards the poor and the maintenance of Peirs Jutties c. And all orders by them or any two of them certified into the Court for Augmentations or other Court to be assigned by the King shall be as effectual as if they had been ordained by Parliament LXIII Howbeit they shall not allow more to any Dean Master c. then they injoyed before and when he is promoted to better means it shall cease LXIV The Commissioners or two of them at least shall within one year after the Commission to them directed make certificate of such assignments as they have made in pain of 100 pounds LXV The King shall have all the goods of every Colledge Chantery Free-Chappel Chantery or Stipendary Priest belonging to the furniture or services of their several Foundations and superstitiously abused Howbeit their debts
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
their fees for keeping of Castles Houses Parks Chases Forrests or block-Block-houses shall be void when the cause of exercising such Offices is determined XI Provided also that this Act shall not extend to revive any Letters Patents or any Office granted by the King which have been made void by Authority of Parliament Judgement Decree or otherwise XII This Act shall not be prejudicial to any Letters Patents Indentures or Writings made after the said 4th of February and before the 28th of April in the 28th year of the Kings Reign or to any other Statute made for the corroboration of such Letters Parents Indentures or Writings XIII Stat. 1. E. 6.8 Such another Statute made for the confirmation of all Grants made and to be made by E. 6. from the 28th of January in the first year of his Reign and so during his life with such provisoes and limitations as in the former Act of 34 35. of H. 8. are contained See the Statute XIV Stat. 7. E. 6.3 A confirmation of the Kings Letters Patents notwithstanding his non-age or any Statute heretofore made for the reservation of Tenures Rents or Tenths XV. Stat. 4.5 P. M. 1. Another like Act made for the confirmation of all Grants made and to be made to or by the Queen or the King and Queen from the first of July in the first year of her Reign and so during her life with such provisoes and limitations as in the said former Acts of H. 8. and E. 6. are contained XVI Stat. 18. E. 2. Another like confirmation of all Grants made to for or by the Queen or to be so made within 7. years next after the end of this Session with like provisoes and limitations as in the former Statutes XVII Stat. 35 El. 3. All Abby-lands which came to the hands of H. 8. shall be adjudged to have been in his actual and lawful possession notwithstanding any defect want or insufficiency of or in any Surrender Grant or Conveyance thereof or of any part thereof made to the said King or any other matter or cause whatsoever whereby he might have been entitled thereunto XVIII All Letters Patents made by him since the fourth of February in the 25. year of her Reign for the foundation of any Dean and Chapter or Colledge shall be adjudged good XIX The right of all others except of Abbots Priors c. is saved XX. Stat. 43. El. 1. All grants made to the Queen since the 8th of February in the 27th year of his Reign except by Ecclesiastical persons or bodies politique not having power or ability to make such grants are confirmed XXI The right of all others is saved except of the parties and privies of such grants XXII All grants made by the Queen to others since the said time as also all others that should be made by force of a Commission then on foot before the end of this Session or within one year after shall be good XXIII The Letters Patents of all such grants shall be expounded most beneficial to the Patentees any mis-naming mis-recital non-recital c. notwithstanding XXIV This Act shall not extend to Letters Patents of Offices nor of concealments except such concealments onely as are sold by Commissioners XXV Neither shall this Act extend to make good any Letters Patents heretofore adjudged void by any Court of Record at Westminster or by Act of Parliament neither yet those of Monopolies or for toleration of any offence prohibited by any penal Law nor of Lands where there is an estate tail in the Queen unless such estate be duly received XXVI Here also the right of others is saved XXVII Stat. 21 Jac. 25. The King nor any other claiming from by or under him shall hereafter take advantage against the Kings Patentees or Tenants for default of payment of Rent or other duty to be performed so as the rent be paid or such duty performed before such advantage taken or any Commission awarded to enquire or other process shall be issued for such forfeiture XXVIII Stat. 21 Jac. 29. All Leases made and to be made by Prince Charles of the Dutchie Lands of Cornwall shall be good XXIX Howbeit they shall not be good unless they be in possession and granted only for 31 years or 3 lives or estates determinable upon 31 years or 3 lives and thereupon also the accustomable Rent for the greatest part of 20 years before shall be reserved and where no such Rent hath been payable a reasonable Rent shall be reserved not under the twentieth part of the clear yearly value neither shall such Leases be dispunishable of waste XXX All Covenants and other agreements contained in such Leases shall be good XXXI The right of others except of the King and Prince and their Successors is saved XXXII 1 Car. 2. Such another Act for Leases to be made of the said Dutchie Lands within three years with such Clauses and Provisoes as in the Act of 21 Jac. 29. ☞ Paving I. Stat. 24 H. 8.11 The Street-way between Charing-Cross and Stroad-Cross shall be sufficiently paved at the charge of the owners of the Lands adjoyning to the same and shall also be afterwards repaired by them in pain to forfeit to the King 12 d. for every yard square not so paved and repaired and 25 H. 8. for Holborn and Southwark * II. Stat. 32 H. 8.17 All persons having lands betwixt Algate and White-Chappel Church or in Chancery-Lane Grays-Inn-Laneâ— Shooe-lane Fetter-lane or the way betwixt Holborn-bars and High-Holborn as far as any houses are there built shall before the 24 of June 1542. sufficiently pave so much of the Streets and Lanes aforesaid as are next adjoyning to their said lands and continue them in good repair in pain to forfeit for every yard square not so paved or repaired 6 d. III. The Mayor Aldermen and Justices in London and the Justices of Peace in Middl sex have power within their respective Jurisdictions to enquire hear and determine in Sessions the defaults And in case the said Justices shall be found remiss therein they shall respectively forfeit 5 l. IV. The Clerk of the Peace in Middlisex shall duly estreat into the Exchequer the Fines and forfeitures happening upon this Act in pain of 5 l. to be divided betwixt the king and the prosecutor V. Any three Justices in London whereof the Mayor is to be one have power to set Fines upon such as do not pave or repair any Street or Lane in London or the liberties thereof to be levied by distress plaint or action by the Chamberlain to the use of the Mayor and Communalty of the said City VI. The inhabitant paving his part in the said Streets or Lanes may defaulk so much of his rent from his lessor as the charge thereof shall amount unto unless it be otherwise agreed betwixt them VII Stat. 35 H. 8.12 Another like Statute for the paving and repairing of Whitâ—-Cross-Street Cheswel-streâ—t Golding-Lane Grub-street Goswel-street Long-Lane Saint Johns-street the streets there leading
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
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
Officer or Clerk of the Chancery Justices of either Bench Barons of the Exchequer or other Officers or Clerks of the said places the Kings Attorney or Sollicitor Serjeants at Law any of the Kings Officers in Berwick or Carlisle or the Clerk of the Kings Council See also another Statute to the like effect for the foâ—feiture of lands made 19 H. 7.1 VI. Stat. 16.17 Car.c. 2. An Act was made for the relief of the Kings Army and the Northern parts of this Kingdome otherwise called the Act of the Poll money or four Subsidies VII Cap. 3. Another Act was made for the reforming of some things mistaken in the Stat. of 16 Car.c. 2. And to make good the Acts of the Commissioners and other Officers by them authorized or appointed and to be then authorized or appointed VIII Cap. 4. Another Act was made for the levying of two intire Subsidies for the further relief of the Kings Army and the said Northern parts of the Kingdome IX Cap. 5. An Act was made for the levying of Mariners Sailers and others for the present guarding of the seas and necessary defence of the Realm X. Cap. 9. This Act was made for the speedy provision of money for disbanding the Armies and setling the peace of the two Kingdoms of England and Scotland XI Cap. 13. Another Act for the securing of such moneyes as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties wherein the Kings Army is or hath been billeted for the billet of the souldiers of the said Army as also to certain Officers of the same Army who do forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear VVaste I. Magna Charta 4.9 H. 3. No Waste shall be made by the Guardian in Wards lands and if the custody be committed to the Sheriff or any other that is accomptable to the King and they commit waste they shall make recompence and the wardship shall be committed to two discreet men of the fee who shall answer the issues of the land to the King or his Assignee II. The Committee of the Ward making such waste shall lose the custody and then likewise he shall be committed to two discreet men who shall be answerable to the King as aforesaid III. Magna Charta 5.9 H. 3. The Guardian of the Wards lands shall with the issues thereof uphold his Houses Parks Warrens Ponds Mills and other things pertaining to the said lands and shall deliver unto him at his full age lands stored with ploughs and other things at least as he received them IV. The like shall be observed in the custodies of all spiritual dignities which pertain to the King during their vacancy Howbeit such custodies ought not to be sold V. Marlbr 23.52 H. 3. Pars inde Farmers during their terms shall not make waste sale or exile of house woods men or any thing else which appertains to the tenements that they have in farm without special license had by writing of Covenant making mention that they may so do in pain that they being thereof convict shall yield full damage and be grievously punished by amerciament VI. The Statute of Glocester 5.6 E. 1. An Action of Waste is maintainable against tenant by the courtesy in dower for life or years and the party attainted thereof shall lose the thing wasted and recompence thrice so much as such waste is taxed at VII As for Waste done in the time of Wardship Magna Charta 4. 9 H. 3. before 1. shall be observed and moreover the Guardian shall recompence the heir for the waste done if the Wardship lost shall not amount to the value of the damages before the Heirs full age VIII West 2.14.13 E. 1. The processes in an action of waste shall be summons attachment and distress and if the defendant appear not upon the distress a writ of enquiry shall be directed to the Sheriff to inquire of the waste upon return whereof the Court shall proceed to Judgment according to the Statute of Glocester cap. 5. before IX West 2.22.13 E. 1. An action of waste shall be maintainable against one tenant in common against another of wood turfland fishing or the like and when the cause comes to Judgment the defendant shall choose either to take his part in a certain place to be set out by the Sheriff with a Jury or to grant to take nothing but as his pernors do and if he chuse to take his part in a place certain the place wasted shall be assigned for his part The writ in this case is Cum A. B. tenent Boscum pro indiviso B. fecit vastum c. X. The Statute of Waste 20 E. 1. An action of waste is maintainable by the heir for waste done in his ancestors time as well as for that done in his own time XI Artic. sup Chart. 18.28 E. 1. An action of waste is maintainable against Escheators and Sub-escheators for waste by them commitred in Wards lands XII Stat. 11 H. 6.5 An action of Waste is maintainable by the reversioner against tenant for life or years that first aliens his estate to a stranger and afterwards still receiving the profits thereof commits waste Howbeit this Statute shall not extend to such tonants as hold without impeachment of waste ☞ VVatches I. Stat. 5 H. 4.3 Watches shall be kept upon the Sea-costs as they were wont to be and in that case the Statute of Winchester shall be observed Which see in Robbery II. In every Commission of Peace hereafter to be made this article shall be inserted viz. That the Justices of Peace shall have power in their Sessions to inquire of Watches and to punish them who shall be found in default according to the tenor of the said Statute ☞ VVax * Stat. 11 H. 6.12 No Wax-chandler shall sell or put to sale any Candles or other wares made of Wax at a dearer rate then that he may have only 4 d. in every pound of wares above the common price of plain wax in pain to forfeit all such wares put to sale and the value of them sold and besides to make fine to the King II. Justices of Peace Mayors Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this Law and also to hear and determine the offences committed against it III. Stat. 23 El. 8. None in mingling or making of wax shall use or cause to be used any deceit by mixture and mingling the same with Rosin Tallow Turpentine or other deceitful thing to the intent to sell it or to put it to sale in pain to forfeit the same And if such deceitful wax happen to be sold before it be discovered the melter or procurer thereof shall forfeit for every pound thereof 2 s. to be divided betwixt the Queen and the party deceived if he will
AN EXACT Abridgment OF ALL STATUTES In Force and Vse From the beginning of MAGNA CARTA Untill 1641. By EDM. WINGATE of Grayes-Inne Esq With a Continuation under their proper Titles of all ACTS in Force and Use untill the Year 1666. And Alphabetically Digested under apt Titles Whereto is annexed Four TABLES directing to the several Matters and Clauses throughout the said Statutes LONDON Printed by John Streater James Flesher and Henry Twyford Assigns of Richard Atkyns and Edward Atkyns Esquires Anno Dom. 1666. Cum gratia Privilegio Regiae Majestatis TO THE HONOURABLE S ir EDWARD TURNER Kt SPEAKER of the COMMONS House of PARLIAMENT SIR HAving observed so many Learned and worthy Persons upon divers occasions both in their Studies and Imployments especially at the Assizes and Sessions of Peace to make use of Mr. Wingate's Abridgment of the Statutes with good Approbation I could not but think a little Pains might be well bestowed in continuing the same Method and adding to it the Statutes made in the time of His present Majesty and inserting the same especially such as are of publick and daily use under their proper Titles and seeing how eminent a Place and Part You have had in the Passing the same it seemed to Me not improper by this Address under Your Name to advertise such others also as may have occasion to make use of this Book That although for the most part You may find the Statutes at the least those of frequent use so fully abridged that I hope You will not have often occasion to trouble Your Self with the Books at large or to seek for such as be dispersed Yet being but an Abridgment continued of the late Acts as of the other when You shall doubt or find any thing obscure the unavoidable accident of Brevity You would not rely on it but have recourse to the Statutes at large some of which to avoid the increasing of the Book to too great a bulk especially such as be but upon continuance I have onely pointed at and referred to And as to the late Acts passed at Oxford being after the Book was almost finished in the Press they are added by way of Appendix And such Statutes as more particularly concern the Justices of the Peace and Penal Laws are marked with a Hand or Star And for the Table being Mr. Wingate's own I was unwilling to alter the Frame but rather supply it with the Additional Heads and Titles which though at first it may seem somewhat general yet by diligent observation the Method and References to particular Clauses under the several Heads I hope it will answer the use and ease to the Peruser intended Which is the Aim and Desire of SIR Your very affectionate Friend and Servant T. M. AN Exact TABLE to the Abridgment of Statutes in force comprehending not only the Title but Substance thereof and the year of the King in whose Reign it was made and Chapter of each Statute throughout the severall Kings Reigns concerning the same Subject A. ABility and non-ability of a person presented to a Benefice by whom examinable Page 1 Articuli Cleri c. 13. an 9 Ed. 2. ibid. Account Bayliffs of Lords c. how to be made to account and by whom Statute Marlbridge c. 23. 52 H. 3. Stat. West 2. c. 11. 13 Edw. 1. Page 2 Attach None to be attached or forejudgsd contrary to Magna Charta 5 E. 3.9 25 E. 3.4 24 E. 3.3 Page 4 5 Accusation None may be accused without matter of record 42 Ed. 3.3 Page 5 Actions popular Recovery thereon where no barr 4 H. 7.20 ibid. How Informers are restrained therein 31 El. 5. Page 5 6 Where to be laid 31 El. 5. 21 Jac. 4. ibid. Additions of Titles what and where necessary 1 H. 5. Page 6 7 Administrators by whom to be appointed 31 Edw. 3.11 21 H. 8.5 Page 7 8 Admiralty the Admirals and the Court their power 13 R. 2.5 15 R. 2.3 2 H. 4.11 8 El. 5. Page 8 Advowson Writ of Advowson where it lies and for what West 2. c. 5. 13 E. 1. Page 8 9 Ale-house Who may keep it and their duty 5 6 Ed. 6.25 1 Jac. 9. offenders therein 4 Jac. 4.5 21 Jac. 10. 21 Jac. 7. 1 Car. 4. 3 Car. 3. Page 11 12 13 Aliens Their several kinds their advantages and discommodities 31 H. 6.4 1 R. 3.9 14 H. 8.2 21 H. 8.16 22 H. 8.8 13 H. 8.16 Page 14 ad 17 Amerciaments Who may be amerced and who not and by whom Magna Charta c. 14. 9 H. 3. Marlb c. 18. 52 H. 3. West 2. c. 6. Page 17 Anniversary Fast when to be kept and why 12 Car. 2. c. 30. Page 19 Anniversary Thanksgiving when and why to be observed 12 Car. 2. cap. 14. Page 20 Appearance What to be done therein and the punishment for neglect 10 H. 6.4 18 H. 6.9 Page 20 Appeals Who may be appealed and by whom where the appeal is good and where not Mag. Chart. c. 34. West 1. c. 14. 3 Ed. 1. Glouc. c. 14. 9 Edw. 1. West 2. 12. 13 E. 1. Artic. Cleri c. 10. 9 E. 2. Stat. of appeals 28 E. 1. 1 H. 4.14 Page 20 21 Appropriations Their nature how they are charged to the Poor and to the Vicar 15 R. 2.6 4 H. 4.12 pag. 22 23 Approvements When they be made and by whom and of and for what Merton c. 4. 20 H. 3. West 2. cap. 46. 13 E. 1. 3 E. 6.3 43 Eliz. 11. Page 23 24 Armor Arms. Who may or must use arms and where and and how 1 E. 1. 1 E. 3. Stat. 2.5 2 E. 3.3 7 R. 2.13 20 R. 2.1 Page 25 To imbezel arms is felony 31 El. 4. Page 25 Arrest who may arrest or be arrested West 1. cap. 34. 3 Ed. 1. 50 E. 3.5 1 R. 2.15 13 Car. 2. c. 2. Stat. 2. Page 25 26 Arrow-heads how to be made and marked 7 H. 4.7 Page 26 Assault The punishment for an assault of a Knight or Member of Parliament 5 H. 4.6 11 H. 6.11 Page 27 Assizes of Novel Disseisin c. where to be taken how for what by whom and when Mag. Chart. c. 12. 9 H. 3. West 1. c. 24. 3 E. 1. West 1. c. 36. 3 E. 1. West 1. c. 48. West 2. c. 25 46. 13 E. 1. Stat. de Conjunct Feoffat 34 E. 1. Stat. Ebor. 34 E. 2.1 7 R. 2.10 1 H. 4.8 4 H. 5.8 6 H. 6.2 11 H. 6.2 21 H. 8.3 pag. 27 ad 30 Attaint where grantable West 1. c. 37. 3 E. 1. 5 E. 3. 6 7. 28 E. 3.8 34 E. 3.7 Page 30 Want of Jurors therein make no delay De Attinct 13 E. 2. ibid. Where a Writ of Attaint will lye and for what 9 R. 2.3 13 R. 2.18 3 H. 5.5 Page 30 31 ad 35 What recoverable therein and against whom 11 H. 6.4 p. 30 Who may be Jurors in it 15 H. 6.5 18 H. 6.2 11 H. 7.21 37 H. 8.5 Page 31 32 33 35 The Process in
purpose to commit Manslaughter XLIII Stat. 21 Jac. 6. For felony where the man may have his Clergy the woman shall be burned in the hand with an hot Iron Clerks of the Chancery I. Stat. De Sacramento Clericorum Cancellariae 18 E. 3. The form of the oath of the Clerks of the Chancery II. Stat. 14 H. 8.8 The six Clerks of the Chancery may marry wives and yet injoy their Offices ☞ Clerk of the Crown I. Stat. 2 H. 4.10 When divers persons are joyntly indicted the Clerk of the Crown shall take but one fee viz. 2 s. for them all and not several fees for each person Clerk of the Market * I. Stat. 13 R. 2.4 The Clerk of the Market of the King's House shall execute his Office duely and all false weights and measures shall be burnt II. The said Clerk shall take no common fine but every one shall be punished according to their demerit III. He shall not ride with above six horses and shall tarry no longer in a place then need requireth IV. If he offend against this Law he shall pay to the King for the first time 5 l. for the second 10 l. for the third 20 l. * V. Stat. 17 Car. 19. There shall be one weight and one measure according to the Standard of the Exchequer throughout the Realm and every measure of Corn shall be striked without heap VI. Whosoever shall sell buy or keep any other weight or measure whereby any thing is bought or sold after six moneths after this Sess of Parliament shall forfeit for every such offence 5 s. being thereof lawfully convicted by the oath of one witness before a Justice of Peace Mayor or other head-Head-officer in their several Precincts respectively who shall have power to administer an oath in that behalf which said forfeiture shall be levied by the Church-wardens and Overseers of the poor or one of them where the offence shall be committed to the use of the poor there by distress and sale of goods rendring the overplus to the party offending and in default of distress the Justice Mayor or Head-officer may commit the offender to prison untill he shall pay the summ so forfeited VII The Clerk of the Market of the King or Prince's houshold and his Deputies shall onely execute their offices within the verge and not elsewhere And Head-officers of Corporations and Lords of Liberties and their Deputies may execute theirs in their several Precincts as they might have done before this Act was made VIII If any of the Officers aforesaid shall seal any weight or measure which is not agreeable to the said Standard or shall refuse to seal such as are agreeable thereunto the party paying onely such fees for the allowance thereof as are warranted by Statute or some ancient custome they and their Deputies respectively shall for every such offence forfeit 5 l. to be levied as aforesaid to the use of the poor where the offence was committed IX If they shall take any other fine fee reward or summ of money then what are allowed by Statute or some such ancient custome for the signing or examination of any weights or measures which have been formerly marked or sealed or shall impose any fine or amerciament without a legall triall of the offence or shall otherwise misdemean themselves in the execution of their Office and shall be thereof lawfully convict they shall forfeit for the first offence 5 l. for the second 10 l. and for every other offence 20 l. to be levied as aforesaid to the use of the poor where the offence was committed X. He that is fined or amercied by this Act shall not be again punished for the same offence by force of any former Law or Statute XI This Act shall not extend to the measure of rent-corn nor to water-measure nor to colledges or societies XII If any Officer authorized to execute this Statute shall be impleaded for any Act he shall do therein he shall plead the general issue Not guilty and yet give this Statute or any other special matter in evidence And if he be found not guilty or the Plaintiff be non-suited he shall recover treble costs Clerks of Signet and Privie Seal I. Stat. 27 H. 8.11 How and in what manner the King's grants writings and leases shall pass the privie Signet the privy Seal and the Great Seal and in what time they shall pass those Seals and forfeitures set upon the Clerks of the privie Signet and privie Seal for not doing their duty and what fees they shall take for those writings and what fees shall be paid to any person for the same and how and where such writings shall come to the Great Seal with an immediate warrant and not pass the Signet or privie Seal and what fees shall be then paid therefore and how and under what Seals the King's leases grants and writings of Lands or Offices of the County Palatine or Dutchie of Lancaster shall pass and what grants leases or writings for the King may be made without his warrant and divers Articles at large concerning these matters for these see the Statute it self at large Coaches * I. Stat. 14 Car. 2. cap. 2. None shall let Coaches to hire within London and Westminster without license from Commissioners to be impowered by the King under the Great Seal for licensing of Coaches and no Hackney coach-horse shall be less then 14 hands high and the Coaches licensed shall not exceed 400 in number Every Coach licensed shall have a several mark of distinction and none shall be licensed to keep above 2 Coaches upon pain of 5 l. for every offence one moiety to the Commissioners for paving the streets the other moiety to the Informer II. The Commissioners are not to license such as use any other trade and chiefly to license such as have been ancient Coach-men or have suffered for the King or the widows that have Coaches of their own III. Penalty upon every Commissioner for every supernumerary Coach licensed 100 l. whereof 20 l. to the informer and the residue towards repairing the high-ways to be levied by distress by Warrant under the hands and seals of 5 other Commissioners for mending the high-ways and paving the streets IV. Licensed Coach-men about London and Westminster shall take for hire but 10 s. per diem 18 d. for the first hour and 12 d. every hour after nor from any Innes of Court to any part of S. James's or Westminster above 12 d. and from any Innes of Court to the Royal Exchange 12 d. to the Tower of London Bishopsgate-street Algate or thereabouts 18 d. and so from the said places to the Innes of Court and the like rates to places of like distance and upon refusing to goe or exacting more to forfeit for every offence 10 s. V. Every Hackney-coach-man licensed shall pay 5 l. per annum by quarterly paiment towards repairing high-ways and paving the streets and certificates of all Hackney-coaches licensed shall be made to the
pain of 40 s. to be divided betwixt the King and the prosecutor and if the Treasurer or Receiver or their Clerks make and sign one they shall take but 4 d. for it in pain to forfeit 20 s. for every acquittance for which they take more to be divided as aforesaid and every acquittance shall be a sufficient discharge according to the tenor thereof XV. If any Receiver or his Clerk pay a pension or other annuity or rent and have a sufficient acquittance signed sealed and delivered unto him by the party that is to receive such payment he shall take nothing for such acquittance in pain to forfeit 20 s. and if the Receiver or Clerk provide such acquittance he shall not take above 4 d. for the same in pain to forfeit also 20 s. neither shall the Receiver or his Deputy take above the rate of 4 d. in the pound for money which he shall so pay in pain to forfeit 6 s. 8 d. for every peny he takes above The said forfeitures are to be divided betwixt the King and the prosecutor XVI The Auditor that takes above 3 s. 4 d. for enrolling any Patent Decree or Grant shall forfeit 6 s. 8 d. for every peny so taken to be divided as aforesaid and he shall enroll them being tendred unto him or as much thereof as concerns his office XVII Auditors shall cause Proclamation to be made in four Market-towns twenty days at least before their coming into the County to keep their Audit in pain of 5 l. XVIII Auditors shall send out their Precepts for the Audit betwixt Michaelmas and Christmas XIX An Accomptant that after notice doth not appear at the Audit or appearing refuseth to accompt or accompting defers to pay his charge to the Receiver above three weeks after or conceals or withdraws any rent or other profit shall forfeit his Office and fee and for concealing or withdrawing shall forfeit three times so much as is concealed or withdrawn proof of the said defaults being made to the Head-officer of any of the said Courts and the said Courts shall thereupon award process in the nature of Attachments for remedy thereof XX. In all actions for debts accruing to the King upon attainder outlawry forfeiture gift or other collateral way it shall be sufficient to shew generally that the party unto whom such debt did belong such year and day did give it to the King or was attainted outlawed or other act committed whereby it came to the King without alledging the particular circumstances And in such case the King shall be preferred both in suit and execution before any other person whatsoever XXI Lands of inheritance which were the King's debtor's are chargeable with the King's debts unto whomsoever after the debtor's death they shall descend remain or come XXII The King's debts are payable by the heir though he be not named in the Recognisance Bond or other Specialtie and notwithstanding the land which comes unto him be intailed XXIII The Executor and Administrator are also chargeable if they have Assets XXIV This Act shall not prejudice any who claim the lands chargeable by any just and former title without fraud XXV Upon sufficient cause shewed why the lands should not be charged the Court shall discharge them of the King's debt XXVI If the lands chargeable be in several mens tenures they shall be intirely charged and not severally XXVII This Act shall not diminish any of the Liberties or Privileges of the Dutchie or County Palatine of Lancaster XXVIII All Processes and Executions for debts growing in the Exchequer shall be made by the Officers of that Court but in such kind as is limited by this Act. XXIX Stat. 1 M. Parl. 1.10 The Queen may by her letters Patents alter dissolve or reduce into one or more the Courts of Augmentations First-fruits and Tenths Wards Surveyors and the Dutchie or may annex any of them together or unto any other Court of Record or erect of the same any other new Court or Courts XXX Provided that nothing in the said Letters Patents to be contained shall charge the Subject otherwise then as he ought to have been charged before the second day of this Parliament and that the Officers of the said Courts shall not hold Plea but onely where the Queen is party against any of her Subjects XXXI Provided also that if the Queen shall annex any of the said Courts to the Exchequer all things within the survey of the Court or Courts so annexed shall be ordered the Exchequer-way saving to all persons their Offices Rents Annuities and Fees to be paid out of any of the Queen's Courts where there shall be sufficient revenue to answer the same XXXII Stat. 16 Car. 10.17 cap. 10. The Court of Star-Chamber the Court holden before the Presidents and Councils in the Marches of Wales and the Northern parts the Court of the Dutchie of Lancaster holden before the Chancellor and Council of that Court the Court of Exchequer of the County Palatine of Chester holden before the Chamberlain and Council of that Court and all other Courts of like Jurisdiction and also all Warrants and Directions of the Council-board for commitments restraints or imprisonments awarded by the King or his Council are absolutely dissolved annulled and made void See the Statute at large XXXIII Stat. 16.17 Car. 15. An Act made against divers incroachments and oppressions in the Stannary Courts See the Statute at large XXXIV Stat. 12 Car. 2. cap. 24. The Court of Wards and Liveries and all Wardships Tenures in capite liveries Primer seisins Ouster le maines c. and other dependencies upon the said Court taken away and discharged and the Act of 32 H. 8. cap. 6. 33 H. 8. cap. 22. repealed XXXV Proviso Not to take away any rents heriots or suits of Court or other services belonging to tenures now taken away or in common soccage or to grow due to the King mean Lord or other private persons or the fealty and distress incident thereunto and such relief shall continue in respect of such rent as is paid in case of death of tenant in common soccage XXXVI Nor to take away any fines for alienations due by particular customes of particular mannors and places other then for lands held of the King in capite XXXVII Nor to take away tenures in frank-almoign nor alter any tenures by copy of Court-Roll nor any services of Grand-sergeanty other then Wardship Marriage and aids aforesaid XXXVIII Parents may dispose of the custody of their children untill they attain the age of 21 years Courts and Jurisdictions Ecclesiastical I. Stat. 17 Car. 1. cap. 11. A recital of the branch of the Stat. 1. El. cap. 1. whereby the high-Commission Court was erected for visiting reforming and correcting all Heresies Schisms c. and a Repeal of the same And enacted that no new Court be erected with like Power Jurisdiction or Authority but all Letters patents for that purpose and all authorities thereby granted to be void
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
all Cathedral and other Churches and to proceed against them according to the Canon Laws Vide Rast Abridg. Edit prom Excommunicato capiendo I. Stat. 5 El. 23. Every writ de Excommunicato capiendo shall be made in Term-time and returnable in the King's Bench the next Term after the teste thereof having 20 days betwixt the teste and return II. After the writ shall be sealed it shall be forthwith brought into the King's Bench and there opened and delivered of record to the Sheriff or other Officer or their Deputies to whom the execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices there shall amerce him at their discretion and estreat the amerciament into the Exchequer III. At the return of the writ the Sheriff or c. shall not be compelled to bring the party arrested in the King's Bench but onely return the writ with a short declaration how it was executed to the end the Justices may proceed therein according to the tenor of this Act. IV. If the Sheriff or c. return a Non est inventus then shall issue out of the King's Bench a Capias returnable in Term-time two moneths at least after the teste thereof with a Proclamation to be made ten days at least before the return at the County-Court Assize Gaol-delivery or Sessions that the party shall within six days after such proclamation yield his body to the Gaole and there remain as a Prisoner in pain of 10 l. And what shall be done therein and thereupon shall be returned by the Sheriff or c. V. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with proclamation as before and a pain to forfeit 20 l. whereupon if he do not render himself prisoner he shall forfeit 20 l. to be estreated by the Justices as aforesaid And then a third Capias shall be awarded with like proclamation and pain and then a fourth and so infinitely untill he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid VI. The party yielding his body shall be committed to prison in like sort as if he had been taken upon the Excom cap. VII If the Sheriff c. makes a false return upon any of the said writs he shall forfeit to the party grieved 40 l. VIII The Bishops authority to receive submission and deliver the excommunicate is saved according to the former usage viz. by a certificate thereof into the Chancery from the Bishop and then a writ from thence to deliver the prisoner IX In Wales the Counties Palatines of Lancaster Chester Durram and Ely and in the Cinque-ports being Jurisdictions exempt where the Queen's writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head-officers there who shall then proceed against the excommunicate as the King's Bench is above directed X. Persons in person beyond sea under age of non sane memory or Covert shall not incur the penalties aforesaid XI If in the Excom cap. the excommunicate have not a sufficient addition according to the Statute of 1 H. 5.5 Or if in the Significavit it be not contained that the excommunication proceeds upon some cause or contempt of some original matter of heresie refusing to have his child baptized to receive the Sacrament to come to Divine Service or errour in matters of Religion or Doctrine Incontinency Usury Simony Perjury in the Ecclesiastical Court or Idolatry he shall not incur the penalties aforesaid XII If the addition be with a Nuper of a place the first Capias and proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incur the forfeitures aforesaid Execution I. Stat. 2.18 13 E. 1. He that recovereth debt or damages in the King's Court may at his choise have a fieri facias of the land and chattels of the debtor or a Writ for the Sheriff to deliver him all the chattels of the debtor except Oxen and Plough-beasts and the moiety of his land by a reasonable extent till the debt be levied and if he be ejected out of the land he shall have an Assize and afterward a writ of disseisin if need be And this last writ is called an Elegit II. Stat. 2.45 13 E. 1. For all things recorded before the King's Justices or contained in fines whether Contracts Covenants Obligations Services for Customs acknowledged or any other things inrolled a writ of execution shall be within the year But after the year a Scire facias whereupon if satisfaction be not made of good cause shewed the Sheriff shall be commanded to do execution III. In like manner also shall the Ordinary be commanded in his case Howbeit as concerning a Mesne which by recognizance or judgment is bound to acquit what is said is before which see in Mesne 1. must be observed IV. Stat. 32 H. 8.5 If lands delivered in execution on just cause be recovered without fraud from the tenant in execution before he shall have levied or received his whole debt and damages he may have a Scire facias out of the Court from whence he had the execution returnable into the same Court at a day 40 days at least after the date of such Scire facias At which day if the defendant being lawfully warned make default or do appear and do not plead a sufficient cause other then the former acceptance of the lands to avoid the said suit for the residue of the said debt and damages the said Court shall issue forth a new writ of execution for the levying thereof V. Stat. 1 Ja. 13. If any taken in execution be delivered by priviledge of Parliament as soon as such priviledge ceaseth the Plaintiff his executors or administrators may sue out a new execution against him and the Sheriff or other Officer shall not be chargeable for the first arrest VI. This Act shall not lessen the punishment of any by censure of Parliament who shall presume to procure such an arrest VII Stat. 3 Jac. 8. No execution shall be stayed upon any writ of Errour or Supersedeas thereupon for the reversing of a judgment in any action of debt or upon any contract in the Courts at Westm of the Counties Palatine of Laneaster and Chester or of the great Sessions in Wales unless the Plaintiff with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgment is given by recognizance in the same Court in double the summe adjudged to prosecute the said writ of errour with effect and to pay if the judgment be affirmed all debts damages and costs so adjudged and all
shall be paid by the King LXVI This Act shall not extend to any Colledge or Hall in the Universities the Free-Chappel at Windsor the Colledges of Winchester and Eaton N wton Chappel in the Isle of Ely nor to any of the lands belonging to them nor to any Chappel of Ease nor to any Chappel whereunto only a Church-yard a little house or Close doth belong Nor to any Cathedral where there is a Bishops See nor to their lands other then such Chanteries Obits Lights and Lamps used within such Cathedrals within five years before this Paliament and unto which this Act doth extend LXVII The King may during his life alter the Names of such Chanteries and their Foundations LXVIII The right of all persons except only the Governors Incumbents c. of such Chanteries c. their Founders and the heirs and successors of every of them also the grantees or any of the premises to the uses aforesaid or to the use of any such Chantery c. or without the Kings licence is saved likewise all services rents annuities profits and offices of right due to Founders Donors c. and leases made before the beginning of this Parliament whereupon the accustomed rent is reserved are saved LXIX The Bargainor of any of the premises or his Executors shall repay unto the Bargainee his Executors or Administrators the money received upon sale thereof within three months after request thereof made and upon non-payment thereof such bargainee shall recover it by action of debt wherein no essoin c. shall be allowed LXX The premises given to the King by this Act together with their revenues shall be within the survey of the Court of Augmentations or such other Court as the King shall appoint LXXI All leases made by the said Governors Incumbent c. since the 23 of November 37. H. 8. whereupon the old rents are reserved shall be void but all others shall continue in force LXXII This Act shall not extend to any Lands whereof such Governours Incumbents c. are seised or possessed to their own uses and not annexed to such Chanteries Free-chappels c. nor to any Mannors Lands Pensions c. not parcel of the premises granted by H. 8. or granted or to be granted by E. 6. to any of the said Governors Incumbents c. LXXIII Every person which had any rent or yearly profit out of the lands of any Chantery c. shall still enjoy them notwithstanding this Act. LXXIV All payments of First Fruits to be made by any such Governor Incumbent c. after the beginning of this Parliament shall be remitted LXXV Payments answered yearly into the Exchequer out of the premises shall be still continued LXXVI All Assurances made of the premises by H. 8. or E. 6. or by either of their licence or to either of them by any such Governour Incumbent c. shall be good The right of others being saved LXXVII This Act shall not extend to make good any Grant made by any Parson or Vicar nor to prejudice the Lord Cobham or any Corporation or the Chantery of Attleboâ—ough in Norfolk LXXVIII All such Chanteries Free-Chappels c. given to the King by this Act as are within the Dutchy of Lancaster together with their lands c. shall be within the survey of the Dutchy-Court and all Commissions to be issued out concerning them shall be under the great Seal but shall be certified into the said Dutchy LXXIX The King may impower Commissioners to alter the nature and condition of Obits to better uses and none shall take advantage of any remainder use or condition for not finding of a Priest Obit Anniversary Light or Lamp LXXX This Act shall not extend to give Copyhold-lands to the King but the said Incumbents shall have them during their lives towards their maintenance LXXXI This Act shall not extend to lands recovered from a Chantery Priest by a good title without fraud LXXXII All Letters Pattents made by H. 8. and E. 6. of Chantery-lands and other the premises are confirm'd LXXXIII Stat. 1.2 P. M. 8. Pars inde None shall molest any person for any Abbey-Lands in pain to incur a Praemunire Vide 1 El. 1. ☞ Money * I. The Statute of great money incerti temporis None upon grievous forfeiture shall expend utter or receive any money or any other Coyn then English Irish or Scotch nor import more money into this Realm then may serve him for his expences nor land unless forced by tempest at any other then the known Ports and there shall shew his money to such person as the King shall assign without concealment in pain to forfeit his body and moneys II. None shall hide his money within Clothes Fardels Bales or otherwise in pain that the finder thereof shall have 4 d. for every pound so found and the King the rest and the body of him in whose hands any false or clipt money shall be found shall be arrested untill he find surety if he be a suspitious man Also he that finds any other coyn than English Irish or Scotch shall break the same and restore the pieces to the party that ows it and none shall oppose him in pain of great forfeiture but false money shall be pierced without restoring it III. Because poor people cannot well discover light moneyes they shall receive and pay them by weight of 5. of even weight by the Tumbrel to be delivered unto them by the Warden of the Exchange and marked by the Kings mark and it shall be lawful fon any man to pierce money not weiging the Tumbrel Howbeit 4 d. shall be allowed in every pound weight being then 20 s. and so it be only worn 6 d. * IV. The Statute of small money 20 E. 1. No Merchant or other shall import into this Realm any mony clipt or counterfeited or traffick therewith in pain for the first time to forfeit the mony for the second the mony and all his goods for the third his body and goods V. Others which have clipt money shall pierce it and carry it to the Kings Exchange to be new coyned * VI. Stat. 9. E. 3.1 None without the Kings Licence shall export any gold or silver in money or plate in pain to forfeit the same * VII Cap. 2. None shall import into any of the Kings Dominions any false or counterfeit money in pain to forfeit the same Howbeit any person stranger and other may bring to the Kings Exchange good money or bullion and receive convenient exchange for the same * VIII Cap. 3. Small money viz. half-pence or farthings shall not be molten into vessel or any thing else by any Goldsmith in pain to forfeit the money so molten and to suffer imprisonment until he hath paid the one half thereof IX Cap. 4. Black money shall not be current in this Realm X. Cap. 5. The Prosecutor against the offenders of this Statute shall be allowed a fourth part of the forfeiture XI Cap. 6. There shall
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
Sheriffs 46 Vagabonds 10 Weights 49 Wines 1 Women 15 Lords Pag. 338 Cross-bows 12 Crosses Forfeiture Freehold Justices of Assise 8 Parliament 38 Return of Sheriffs Staple 32 Treason 3.5.34 Lunaticks Escheators 40 Fools M. MAdder Pag. 338 Mad-men Fools Maimed Souldiers Captains 21 c. Mainprise and Bail Pag. 338 Sheriffs 2 3 Maintenance Pag. 340 Assises 20 Actions popular Champerty Execution of Statutes Feoffments 1 Informers 8 Liveries of Companies Nisi prius Mayors and Head-Officers See most of the Titles under Justices of Peace Master of the Rolls First-Fruits War 5 Malt Pag. 341 Manufactures Pag. 342 Merchants and Merchandize Pag. 343 Amerciaments 1 Butler of the King 4 Customs Drapery 250.254 Eschange 3.4 Ireland Labourers 25 Money Monopolies Ships Spice Staple Wines Wooll Worsteds 1 Marches Courts 32 Marriners Captains 21 c. Ships 32.37 Vagabonds 14 16 c. Markets Fairs Marriages Dispensations 2 Marshalsey Pag. 369 Error Marshes and Fennes Pag. 370 Approvements 8 c. Felony 9 Masons Pag. 370 Masters of the Chancery Pag. 370 Justices 6 Matrimony and Marriage Pag. 370 Appeals to Rome 1 Measures Clerk of the Market Weights Mesne Pag. 371 Middlesex Nisi Prius 14 Paving Milch Kine Calves 3 c. Militia See Captains and Souldiers Numb 39. Ministers of Churches Parson Mint Money Misprision of Treason Money 50 Monasteries Abbeys Priories Colledges Free-Chappels Hospitals Chanteries Pag. 372 Patents 7 c. 17 Money Pag. 382 Gold Merchants 40 c. Treason 1.27.31 32 33 36 Monopolies Pag. 387 Mortdancester Pag. 388 Assises 1 Damages 3 c. Discontinuance of process 3 Mortmain Pag. 389 Mortuaries Pag. 392 Multiplying Money Munition Actions popular 10 Murder and Man-slaughter Pag. 393 Forfeiture 10 Musters Pag. 394 N. Navy Ships Nets Fish Newcastle upon Tine Pag. 395 News Pag. 395 New port upon Usk Bridges 12 Nisi prius Pag. 396 Attaint 5.47 Non-ability Ability Non-claim Fines 11 Non-plevin Pag. 398 Non-suit Pag. 399 Damages 14 Non-tenure Pag. 399 Norfolk Fish 16 Shcep 6 Worsteds Northumberland Pag. 399 Norwich Pag. 399 Worsteds Novel-disseisin Age Assises Damages 1 2 4 c. Discontinuance of process 3 Essoin 15 Justices in Eyre 3 Nuper obiit Essoin 10 Nusance Pag. 400 Infections O. OAth Pag. 400 Commission 5 6 Corporation 5 6 Crown 6 c. 108 Justices 2 5 Merchants 81 Parliament 36 Sewers 13 Sheriffs 75 c. Oblations Obventions Appeals to Rome 1 Quakers 1 c. Obligations Pag. 401 Courts First-fruits 4 Wards 55 56 Odio and Atia Pag. 401 Officers and Offices Pag. 401 Account 5 Alienation without licence 4 Appearance Assises 2.5 Crown 7 c. 151 Customs 15 Escheators Extortion Fees Staple 15 Oyer and Terminer Pag. 403 Actions popular Oyl Pag. 404 Ordinaries Pag. 404 Administrators Advowson 5 12 Bastardy 1 2 Clergy Crown 44 c. Fools 2 Forger of false Deeds 6 Hospitals 1 Leases Overseers of the poor Clerk of the Market 6 Poor people Outlawry Utlawry Oxford Aliens 14.27.34 Bridges 9 Crown 140 P. PAinters Pag. 404 Palace Pag. 405 Panel Pag. 405 Assises 21 Jurors Papists Crown Pardon Pag. 405 Exigent Parks Forests Felony 5 Hunters Parliament Pag. 407 Assault Chester 7 Confirmation Crown 16.28 Execution 5 Woolls 8 11. Parson Vicar and Parsonage Pag. 412 Advowson Church-yards Election Quod permittat Partition and Parceners Pag. 412 Essoyn 5 Suit 4 Partridges Feasants Passage and Arrivage Pag. 413 Ships 5 Patents Pag. 415 Patron and Pa Advowson Crown 140 Election Parson Paving Pag. 418 Peace Pag. 420 Armour Peace and good behaviour Corpus cum causa 3 Pedlers and Tinkers Vagabonds Pensions Portions and Corodies Pag. 420 Per infortunium Pardon Perjury Pag. 421 Maintenance 8 Petition Accusation 3.6 c. Petty Treason Treason 3 Pewter and Pewterers Brass Peers of the Realm Barons Lords Physicians and Surgeons Pag. 421 Pick-pocket Clergy 32 Pillory Weights Pypowders Fairs and Markets 7 Plague Pag. 424 Plaisters Painters Plate Gold Money Playes and Games Pag. 425 Players Pag. 428 Pleading Pleaders Pag. 429 Advowson Pleas of the Crown Pag. 429 Pledges Debt to the King 1 Plumsteed Marsh Pag. 429 Pope Crown Rome Poor people Pag. 429 Appropriations 1 Bankrupts 9 Captains 34 Clerk of the Market 6 8 9 Vagabonds 13 Ports Breakers of Leagues and Truce Havens Poysoning Felony 14 Post-Office Pag. 437 Prerogativa Regis Pag. 437 Corporarion 1 Praecipe in Capite Right Praemunire Appeals to Rome Attorney Crown 10.18.31.35.38.55.107 Dispensations Felony 16 Parliament 40 Proviso Presbeck in Cumberland Bridges 14 President of the Councill Pag. 438 Pretensed Titles Maintenance 6 c. Primer Seisin Pag. 438 Printing Pag. 438 Monopolies 7 Prison Prisoners Pag. 438 Corpus cum causa Discontinuance of Process 6 Felony 2 Prize-Goods Pag. 441 Privy Seal Execution of Statutes Pardon 9 Murder 10 Priviledg Monopolies 7 Probate of Testaments Pag. 441 Procedendo Assises 18 Proces Pag. 442 Dayes in Bank Prochein Amy Pag. 445 Proclamations Debt 5 Exigent Profers Dayes in bank Prohibition and Consultation Pag. 445 Prophesies Pag. 447 Property Fairs and Markets Protection Pag. 447 Chester 8 Proviso and Premunire Pag. 448 Provors Appeals 5 7 Pulham Norwich 7 Purgation Clergy Purprestures Pag. 449 Purveyors Pag. 449 Franchises 22 Staple 9 Weights 35 36 Q. QVakers Pag. 457 Quare Impedit Advowson Dayes in Bank 5 6 22 Essoin 1 Justices in Eyre 3 Quarentine Dower Quéen Pag. 458 Quietus est Debt to the King 26 Quod permittat Pag. 458 Quod si deforceat Dower 7 Quo Warranto Franchises R. RApe Pag. 458 Reasonable aid Pag. 459 Receivers Pag. 459 Sheriffs 33 Recognizance Statute-Merchant Pag. 462 Chester 9 Felony 23 Staple 20 21 52 53 Recordare Replevin 2 Records Pag. 468 Amendments 7 c. Recognizance 29 Recoveries Pag. 468 Felony 23 Wales 152 c. Recusants Actions popular 10 Crown 70 Redisseisin Pag. 469 Admeasurement of Pasture Referrees Justice 6 Regradors Forestallers Relief Pag. 470 Religion Pag. 471 Crown 13 Religious persons Ability 6 c. Amerciaments 1. Arrests 2 3 County 2 Crown 13 30 Dispensations 3 Dures Election First-fruits 6 Leases Marshalsey 5 Matrimony Residence Sheep Spiritual Lawes Religious houses Mortmain Patents 18 Rents Pag. 475 Cessavit Repleader Pag. 475 Replevin of Cattel Pag. 476 Avowry Distresses Resceit Pag. 477 Residence Pag. 478 Restitution Pag. 482 Forcible Entry Retainers Execution of Statutes Return of Sheriffs and Bayliffs Pag. 482 Dayes in Bank Sheriffs 44 Revenue Pag. 484 Reversions and Remainders Attaint 9.46 Conditions Richmond Pag. 484 Rye and Winchelsey Pag. 485 Right Pag. 485 Accusation Justice Riots Routs and unlawful Assemblies Pag. 485 Execution of Statutes Rivers Admirally 3 Havens Robberies Pag. 488 Forfeitures 10 Rochester Bridges 8 11 Rogues Vagabonds Rome Pag. 492 Crown 18.32 Dispensations Proviso Ropes Cables Rumours News S. SAcraments Appeals to Rome Service and Sacraments Safe conducts Pag. 495 Saint Iohns Pag. 495 Saint Martins le grand Aliens 14.27.34 Salmon Fish Scarborow Pag. 496 Scavage Aliens 31 Paving 10 Taxes 7 8 Schools School-masters and Schollars Crown 45
Infections 15 Proviso 16 Staple 13 R. 2. Stat. 1. 1 Incumbent 2 Constable and Marshall 3 Marshalsey 4 Clerk of the Market 5 Admiralty 6 Serjeant at Arms 7 Justices of Peace 8 Victuall c. 9 Weights VVooll 10 Drapery 11 Drapery 13 Hunters and hunting 14 Exchequer 15 Prison c. 16 Protection 17 Receit 18 Attaint 19 Fish Fishers c. 13 R. 2. Stat. 2. 1 Pardon 2 Proviso 3 Proviso 14 R. 2. 1 Staple 2 Exchange 3 Staple 4 Staple 5 Ships 8 Gauging 9 Merchants 10 Customs c. Officers 11 Justices of Peace 15 R. 2. Stat. 1. 1 Confirmation 2 Forcible entry 3 Admiralty 4 Weights 5 Mortmain 6 Appropriations 9 Staple 12 Freehold 16 R. 2. 1 Merchants 2 Drapery 3 Weights 5 Proviso 17 R. 2. 1 Money 2 Drapery 3 Worsteds 4 Malt 5 Officers 6 Accusation 8 Riots c. 9 Fish Fishers c. 10 Justices of G. D. 17 R. 2. 1 Armour 3 Justices of Assise 4 Merchants 5 Horses c. Statutes of 1 H. 6. 1 Confirmation 4 Confirmation 6 Patents 8 Assises 10 Towns 11 Sheriffs 12 Wears 13 Officers 14 Appeals 15 London 18 Chester c. 2 H. 4. 1 Confirmation Franchises 3 Proviso 4 Proviso 5 Money 7 Non-suit 8 Chirographers 10 Clerks of the Crown 11 Admiralty 14 Purveyors 23 Marshalsey 4 H. 4. 1 Confirmation 2 Clergy spiritualty 3 Clergy spiritualty 5 Sheriff 7 Feoffments 8 Assises 9 Commission 10 Money 11 Wears 12 Appropriations 13 War 15 Merchants 18 Attorney 19 Attorney 20 Customs c. Officers Ships 22 Incumbent 23 Judgment 24 Drapery 5. H. 4. 2 Pardon 3 Watches 4 Felony 5 Felony 6 Assault 7 Merchants 8 Wager of Law 9 Merchants 10 Prison c. 11 Tithes 12 Recognisance 13 Gold Silver c. 14 Fines 8 H. 4. 3 Account 4 Merchants 7 H. 4. 1 Confirmation 2 Crown 3 Estreats 4 Protection 7 Arrow-heads 8 Proviso 9 Merchants 11 Commission c. 13 Attorney 15 Parliament 9 H. 4. 1 Confirmation 2 Drapery 4 Wales 5 Conusance 7 Taxes 11 H. 4. 1 Parliament 2 Customs c. 3 Justices of Assise 5 Money 6 Drapery 8 Exchange 9 Indictments 13 H. 4. 1 Confirmation 5 Officers 6 Money 7 Riots c. Statutes of 1 H. 5. 1 Parliament 2 Wears 3 Ireland 4 Sheriff 5 Addition 10 Weights 2 H. 5. Stat. 1. 1 Hospitals c. 2 Corpus cum causa c. 3 Libell 4 Justices of Peace 5 Tindale 6 Breakers of Leagues 6 Riots c. 8 Riots c. 2 H. 5. Stat. 2. 1 Justices of Peace 3 Jurors 4 Gold Silver c. 5 Wales 6 Wooll 3 H. 5. 1 Confirmation 4 Proviso 5 Attaint 6 Money 7 Money 4 H. 5. 1 Confirmation 2 Sheriff 5 Merchants 7 H. 5. 1 Conspiracy 8 H. 5. 2 Wooll 3 Gold Silver c. 9 H. 5. Stat. 1. 1 Conspiracy 4 Amendments 7 Tindale 10 Newcastle 11 Money Statutes of 1 H. 6. 1 Money 2 Purveyors 2 H. 6. 1 Confirmation 2 Hospitals 6 Money 8 Ireland 9 Money 10 Officers 11 Weights 12 Money 14 Gold Silver c. 15 Have is and Rivers 3 H. 6. 1 Masons 2 Sheep 3 Customs c. 4 Butter 4 H. 6. 3 Amendments 6 H. 6. 1 Process 2 Assises 4 Parliament 5 Sewers 8 H. 6. 1 Parliament 3 Sewers 5 Weights 7 Parliament 9 Forcible entry 10 Process 12 Amendments 13 Amendments 14 Riots c. 16 Escheators 22 Wooll 23 Yarn 26 Conusance 27 Passage 28 Bridges 29 Triall 9 H. 6. 4 Identitate nominis 5 Passage 6 Weights 8 Weights 11 Bastardy 10 H. 6. 1 Staple 2 Parliament 4 Apparance 6 Process 8 Justices of the Benches 11 H. 6. 2 Assises 3 Feoffments 4 Attaint 5 Wast 6 Discontinuance of process 8 Weights 9 Drapery 10 Recognisance 11 Assault 12 Wax 15 Customs c. 14 H. 6. 1 Nisi prius 3 Justices of Assise 4 Justices of Peace 5 Wooll 15 H. 6. 1 Marshalsey 3 Safe Conduct 4 Accusation 5 Attaint 8 Ships 18 H. 6. 1 Patents 2 Attaint 3 Butter 5 Collectors 6 Escheators 7 Escheators 8 Safe conduct 9 Apparance 10 Sewers 11 Justices of Peace 12 Conspiracy 17 Gauging 18 Captains c. 19 Captains c. 20 H. 6. 1 Safe conduct 4 Customs c. 5 Customs c. 8 Purveyors 9 Triall 23 H. 6. 1 Purveyors 2 Purveyors 7 Northumberland 8 Sheriff 9 Sewers 10 Sheriff 11 Parliament 13 Victuall c. 14 Purveyors 15 Parliament 16 Gauging 17 Escheators 18 Wines 27 H. 6. 5 Fairs and Markets 28 H. 6. 2 Purveyors 5 Extortion 29 H. 6. 1 York 31 H. 6. 4 Aliens 5 Officers 9 Women c. 33 H. 6. 1 Executors 2 Lancaster 7 Attorney 39 H. 6. 2 Wards Statutes of 1 E. 4. 1 Confirmation 2 Sheriff 3 E. 4. 4 Merchants 4 E. 4. 1 Drapery 3 Horners 7 E. 4. 1 Worsteds 2 Drapery 3 Drapery 5 Tenure 8 E. 4. 3 Jurors 12 E. 4. 1 Sheriffs 2 Bowes 6 Sewers 7 Wears 8 Victuall c. 9 Escheators 14 E. 4. 4 Breakers of Leagues 17 E. 4. 1 Merchants 2 Fairs and Markets 4 Tiles 5 Drapery 6 Sheriff 22 E. 1. 4 Fish Fishers 6 Swans 7 Forest 8 Barwick Statutes of 1 R. 3. 1 Uses 2 Taxes 3 Escape Forfeiture 4 Jurors 6 Fairs and Markets 7 Fines 8 Drapery 9 Aliens Merchants 11 Bowes 12 Merchants 13 VVeights 14 Accompt Statutes of 1 H. 7. 1 Uses 2 Customs c. 4 Incontinency of Priests 7 Felony 3 H. 7. 1 Execution of Statutes Indictments Justices of Peace Murder 2 Felony 3 Mainprise 4 Uses 7 Customs c. 8 Merchants 9 Fairs and Markets 18 Damages and Costs 11 Drapery 14 Felony 4 H. 7. 1 Sewers 2 Gold Silver 3 Butchers 10 Ships 12 Justices of Peace 13 Clergy 14 Seales 15 Havens and Rivers 16 Isle of Wight 17 Wards 20 Actions popular 24 Fines 7 H. 7. 1 Captains 3 Weights 4 Challenge 11 H. 7. 1 Forfeiture 4 Weights 5 Southampton 6 Customes 9 Tindale 11 Worsteds 12 Poor people 13 Houses c. 14 Customs c. 15 Sheriffs 16 Sheriff 17 Feasants and Partridges 18 War 19 Upholsters 20 Discontinuance 21 Attaint 23 Fish Fishers 27 Fustians 12 H. 7. 1 Apprentice 5 Weights 9 Merchants 5 Clergy 19 H. 7. 6 Money 7 Brass 8 Corporation 8 Taxes 9 Process 10 Prison c. 11 Hunters 13 Riots c. 15 Uses 18 Passage 20 Damages and Costs 21 Silk 23 Stiliard 24 County and Turn Statutes of 1 H. 8. 5 Customs c. 7 Coroner 8 Escheators 9 Stanes 10 Escheators 3 H. 8. 5 Captains c. 7 Drapery 8 Victuall c. 11 Physicians 14 Oyl 4 H. 8. 2 Triall 3 Jurors 6 Customs c. 7 Brass 5 H. 8. 2 Drapery 3 Drapery 4 Worsteds 5 Jurors 6 Physicians 6 H. 8. 4 Exigent and Utlawry 6 Prison c. 8 Drapery 9 Drapery 10 Sewers 15 Patents 16 Parliament 18 Sheriff 7 H. 8. 4 Recoveries 14 15 H. 8. 2 Aliens 3 Worsteds 4 English-men 6 High-wayes 10 Hunters and hunting 11 Drapery 12 Money 13 Southamptor 21
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