An exact abridgment of all statutes in force and use from the beginning of Magna Carta until 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. — Laws, etc.

Author: England and Wales.1666

AN EXACT Abridgment OF ALL STATUTES In Force and Ʋse.

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.

[Page]

TO THE HONOURABLE S^ir EDWARD TURNER K^t, 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 [Page]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 [Page]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.

[Page]

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.

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
[Page]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
[Page]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 Attaint, 23 H. 8.3. Page 33, 34, 35
Attorney. who may make one, Merton c. 10. 20 H. 3. West. 2. c. 10. 13 E. 1. 7 H. 4.13. Page 35, 36
Who may be an Attorney, and his duty, 4 H. 4.18. 3 Jac. 7. and fees, 32 H. 8.30. Page 36, 37
Avowry what, where, and by whom to be made, 21 H. 8.19. Page 37
Attainder, and cause of it, &c. Certificate thereof, by whom to be made, 34 H. 8.14. Page 68, 69
Appear, who may be cited to appear out of his Diocess, and who may not, 23 H. 8.9. Page 73, 74
Assizes, where in assizes names are inserted by collusion to exclude from conusance, the Assises shall abate, 9 H. 4.5. 8 H. 6.26. Page 86
Ayel and Besayel, what, West. 2.26. 13 E. 3. Page 98
[Page]Allegianee. The Oath of allegiance, by whom and to whom to be administred, 3 Jac. 4. 7 Jac. 6. pag. 121 ad 126, 129, 130, 131
Action against a Justice of Peace, &c. where it must be brought, and what costs shall be recovered in the same, 7 Jac. 5. 21 Jac. 12. Page 205
Assurance, fraudulent assurances of Lands and Goods, where void, 50 E. 3.6. 13 El. 5. Page 258, 259
Annoyance, who is guilty of annoyance, how he shall be punished, and by whom, 12 R. 2.13. Page 294
Abbots, how Trespasses done to them shall be answered for, Marl. 28. 52 H. 3. Page 372
Amie, Prochein amie, what he may do in behalf of an heir, West. 1.47. West. 2.15. Page 445
Aid, reasonable aid to make the Kings eldest son a Knight, &c. whence raised, and of what value, West. 1. 35 E. 1. 25 E. 3. Stat. 5.11. Page 459
Arms, Sergeant at Arms, how many there shall be, and their duty, 13 R. 2.6. Page 496
Ashes, white ashes may not be exported, and if they be, the penalty thereof, 2. 3 E. 6.26. Page 638
Abate, where, and in what case a Writ shall abate, West. 2.24. 13 E. 1. Pars inde, West. 2.49. 6 R. 2. Stat. 1, 2. Page 664

BAnks, who shall be distrained to make them, Mag. Chart. 9 H. 3.15. and who defend them, ibid. 14. pag. 37
Banks of the Sea, who are to be charged towards their repair, and how, who to order and survey the same, 27 El. 24. Page 37, 38
Bankrupt, who; how to be ordered, and by whom, 34 H. 8.4. 13 El. 7. 1 Jac. 15. 21 Jac. 19. 14 Car. 2. Page 38, 39, 41, 42
[Page]Berwick, the Liberties and priviledges thereof, 22 E. 4.8. 1 Jac. 28. Page 42
Bastard, who is a Bastard, Merton, c. 9. 20 H. 3. ib.
Who shall certifie Bastardy, and when, 9 H. 9.11. Page 43
Mother of a Bastard child, how punishable, and by whom, 18 E. 3. ibid.
Beaupleader, no Fines for fair pleading, Merton cap. 11. 52 H. 3. West. 1. c. 8. 3 E. 1. 1 E. 3.8. ibid.
Benevolence granted to the King, 13 Car. 2. cap. 4. pag. 44
Bishop, Temporalties of a Bishop, not to be seised by the King, 1 E. 3. Stat. 2. c. 2. 14 E. 3. Stat. 3. Pro Clero, c. 3. 25 E. 3. Stat. 3. Pro Clero c. 6. Page 44
Bishops Suffragans, where placed, by whom made, their power, 26 H. 8.14. Page 44, 45
Bishops, by whom to be made, the form of their consecration, &c. 1 E. 6.2. 3 E. 6.1. 1 & 2 P. & M. 8. 8 El. 1. 5 & 6 E. 6.1. Page 45, 46
Books, who may buy and sell them, and in what manner, and who may qualifie their prices, 25 H. 8.15. ibid.
Bowstaves, how and by whom to be brought into this Realm, 12 E. 4.2. 1 R. 3.11. 13 El. 14. Page 47
Bowyer his Trade, and the prices of Bows, 8 El. ibid.
Brass, who may change it, where and when, who work it, 19 H. 7.6. who buy and sell it, 25 H. 8.9. Page 47, 48
None may export it, and if they do, the penalties for the same, 33 H. 8.7. 2 & 3 Ed. 6.37. Page 48, 49
Bridges, Burford Bridge, when made, 8 H. 6.28. Page 51
Who are to inquire of the annoyances of Bridges, &c. and their power therein, 22 H. 8.5. ibid.
Severall Statutes for the building and repairing divers Bridges, 18 El. 17.20. 23 Eliz. 11. 27 El. 25. 39 El. 23, 24. 43 El. 16. 3 Jac. 23, 24. 1 H. 8.9. 14 Car. 2. cap. 6. Page 51, 52
[Page]Brokers, their duty, what makes a good sale to them, 1 Jac. 11. Page 52
Burning, burning Carts or wood, the punishment, 37 H. 8.6. Page 53
Barking of trees, the punishment, 37 H. 8.6. ibid.
Butcher, his duty, and for neglect, his punishment, 31 E. 1.7. 4 H. 7.3. 15 Car. 2. cap. 8. ibid.
Butter and Cheese, by whose order it may be exported, 3 H. 6.4. 18 H. 6.3. Page 54
Who may buy it to sell again, 3 & 4 Ed. 6.21. 21 Jac. 22. ibid.
Butter, the packing thereof, contents of the Kilderkin, and marks thereof, and punishment for false packing, &c. 14 Car. 2. cap. 26. Page 54, 55
Boots, shooes, &c. not to be transported, 5 H. 6.15. Page 88
Barrels, &c. their content and measure, 23 H. 8.4. Page 100, 101
Brewer, to sell his Beer and Ale as shall be thought fit by Magistrates, 23 H. 8.4. ibid.
Books, Popish, may not be sold or brought into England, 3 Jac. 5. Page 128
Bayliwicks may not be farmed at over-great sums, Art. super Cartas, 14. 28 E. 1. Page 289
Bribe, none shall take money for the report of a cause referred to them by the Judges, 1 Jac. 10. Page 307
Bail and Mainprize. Who shall be let to bail, and who not, and who shall take the bail, Marlb. 52 H. 3.27. West. 1.15. 3 H. 7.3. 1.2 P. M. 13. 2.3 P. M. 10. Page 338, 339, 340

CHildren, when and whose inheritable, 25 Ed. 3. Stat. 2. 42 E. 3.10. Page 1
Chancellor; where the Lord Chancellor may award damages, 17 R. 2.6. Page 5
Common Bench, how to be removed, 2 E. 3.11. Page 7
[Page]Court. Common-Pleas Court not to be removed without adjournment, 2 E. 3.11. ibid.
Common of pasture, who shall have it, and who approve it, Merton c. 4. 20 H. 3. West. 2. c. 46. 13 E. 1. 3 E. 6.3. 43 El. 11. Page 23, 24
Cutting of Dams, heads of Ponds, Conduits, Pipes, Tongues, and Ears, the punishment thereof, 37 H. 8.6. Page 53
Cables, where, by whom, and of what to be made, 21 H. 8.12. 35 El. 8. Page 55
Cables, Halsers and Ropes, where, how, and of what to be made, 21 H. 8.12. 35 El. 8. ibid.
Cattel, who may buy them, and where, 3 & 4 E. 6.19. Page 56
Cambridg, when paved, 35 H. 8.15. Knights of Parliament there how payed, 34 35 H. 8.24. ibid.
Captain may not detain his Souldiers pay, 18 H. 6.18. 7 H. 7.1. Page 56, 57 ad 68
Captives to be relieved, and how, 16 17 Car. 1.24. Page 68
Castle: Constable of a Castle, his duty, Magna Charta, 19, 20. West. 1.7. 3 E. 1. ibid.
Cessavit, what, by whom maintainable, and against whom, Gloucest. c. 4. 6 E. 1. West. 2. c. 21. 13 E. 1. Page 69
Challenge, where good, and where not, and in what case, cause to be shewed immediately, Stat. de Inquis. 33 E. 1. 7 H. 7.5. 33 H. 8.23. 1 E. 6.12. ibid.
Champerty what, Champertors who, and how punishable, West. 1.25. 3 E. 1. West. 2.49. 13 E. 1. 20 Ed. 1. Barw: Art: sup. chart: 11. 28 Ed. 1. 33 Ed. 1. 1304, 1305. Page 69, 70, 340, 341
Chancery, to follow the King, and the power thereof, Art. super Chart. 5. 28 E. 1. 36 E. 3.9. 14 H. 8.8. p. 70, 71, 78
Chelsey, a Colledg to be erected there, 7 Jac. 9. Page 71
Chester, and Cheshire, Inhabitants therein offending, how punishable, 1 H. 4.18. Officers there, by whom to be made, 27 H. 8.5. Sessions there, when to be kept, 32 H. [Page]8.43. 33 H. 8.13. the priviledges and power of the County Palatine, 34 H. 8.13. 2 E. 6.31. 43 El. 15. Page 72, 73
Chirographer his fee, 2 H. 4.8. Page 73
Church-yard, Stat. Ne rectores prosternant arbores in Coemiterio, 35 E. 1. ibid.
Citation, who may cite and be cited, and for what, and when, West. 43. 13 E. 1. 23 H. 8.9. Page 73, 74
Clap-board, to be brought in, by whom, for what, and in what quantity, 35 El. 11. Page 74
Clergy, who shall and who shall not have the benefit thereof. Stat. de Bigamis 5. 4 E. 1. 4 H. 4.2. 4 H. 7.13. 12 H. 7.7. 23 H. 1.11. &c. Clerks, their Priviledg, West. 1. 2. 3 Ed. 1. Articuli Cleri, 15 & 16. 9 Edw. 2. &c. Page 74. ad 78
Chancery, Clerks there, their Oaths, &c. Stat. de Sacram. Cler. Canc. 18 E. 3. 14 H. 8.8. Page 78
Clerk of the Crown, his fee in some cases, 2 H. 4.10. ibid.
Clerk of the Market, his office, duty, fees, and forfeitures, 13 R. 3.2.4. 17 Car. 1.19. Page 78, 79
Clerks of the Signet and Privy Seal, their duty, and forfeitures for offences, 27 H. 8.11. Page 79, 80
Coaches, who may let or License Coaches, and how many, with their prices, rents, and penalties, Page 80, 81
Coals, the measures and prices of Sea-Coals, by whom to be appointed, and the offenders against this Statute, 16. 17 Car. 2. cap. 2. Page 82
Collectors, who may be such, 18 H. 6.5. 14 Car. 2. c. 10. ibid.
Commission, to whom to be granted, and in what cause, 42 E. 3.4. 4 H. 4.11. ibid.
Common Pleas to be holden in a place certain, Mag. Chart. 11. 9 H. 3. Art. sup. chart. 4. 28 E. 1. Page 83
[Page]Conditions, who may take advantage thereof, 32 H. 8.34. Page 83
Confirmation, several ancient and late Statutes confirmed, Marlb. 5. 21 H. 3. 25 E. 1.2, 3, 4. Artic. super Chart. 1. 28 E. 1. 1 E. 3.1. 10 E. 3.1. 42 E. 3. 1 H. 4.4. 1 E. 4.1. Page 83, 84
Conjuration, &c. the punishment of conjuration, &c. 1 Jac. 12. Page 84, 85
Conspirators, who, and their punishment, Art. super cart. 10. 28 Ed. 1. 33 Ed. 1. 7 H. 5. 9 H. 5.1. 18 Hen. 6.12. Page 85
Constable of England, his Power and Office, 8 R. 2.5. 13 R. 2. Stat. 1, 2. Page 85, 86
Contra formam collationis what, &c. West. 2.41. 13 E. 1. Page 86
Conventicles, how and why punishable, 16 Car. 2. cap. 4. ibid.
Conusance, where Conusance shall not be lost by collusion, 9 H. 4.5. 8 H. 26. Page 86, 87
Compositions upon Copyholds confirmed, 7 Jac. 21. Page 87
Cordwainers, Curriers, &c. who may pack Leather, and the toll thereof. None may ingross or export Leather, and the punishments for severall offences in ordering leather, 27 H. 8.14. 5 E. 6.15. 1 M. Parl. 2.8. 18 El. 6. 1 Jac. 22. 4 Jac. 6. Page 87. ad 96
Coroners, who may be Coroners, their duty and punishment for neglect thereof, West. 1.10. 3 E. 1. 14 E. 3.8. 28 E. 3.6. 1 H. 8.7. Page 96
Corporations, their power in severall cases, 19 Hen. 7.7. 22 H. 8.4. 28 H. 8.5. 33 H. 8.27. 28 Ed. 3.10. 13 Car. 2. c. 1. Page 96, 97
Corpus cum causa Certiorari, &c. where they are allowed, and where not, 2 H. 5. Stat. 1, 2. 43 El. 5. 21 Jac. 8. and 23 Page 97, 98
[Page]Cottages. None may erect a Cottage without 4 acres of land layd to it, 31 El. 1. Page 98, 99
Counterfeit Letters, the punishment of such as use or procure the same, 33 H. 8.1. Page 99
County and Turns, when and by whom to be held, and where, Magna Chart. 35. 9 H. 3. Marlbr. 10. 25 H. 3. West. 2.32. 3 E. 1. 31 E. 3. Stat. 1.15. 19 H. 7.24. 2. 3 E. 6.25. Page 99, 100
Couper, who may be or keep one, his duty in his Trade, 23 H. 8.4. 8 El. 9. Page 100, 101, 102
Who may search and gage all vessels made by him, Page 101
Courts, several Courts dissolved, and sheir power taken away, 16 17 Car. 1.10, 15. 12 Car. 2. c. 4. Page 102. ad 107
Courts and Jurisdictions Ecclesiastical; which put down, 17 Car. 1. cap. 11. The said Act repealed, 13 Car. 2. cap. 2.12. Page 107, 131
Crosse-bows; Who may keep Cross-bows, Hand-guns, &c. in their house, 33 H. 8.6. 2 & 3 E. 6.14. Page 108, 109
Crown, entayled, 7 H. 4.2. 35 H. 8.1. Not subject to any other, 14 E. 3. 1 El. 1. & 1. 3. &c. Page 110. ad 131
Church, the penalty for not going to the Church, 23 El. 1. 35 El. 1. 3 Jac. 4. Page 114, 115, 118, 121, 130
Cui in vita, a Writ of Entry so called, for whom it lies, and for what, West. 2.3. 13 E. 2. Page 132
Customer may not keep a Shop, but make a true accompt to the King; 14 R. 2.10. 4 H. 4.20. 20 H. 6.5. pa. 132, 133
Who may be a Customer, and who not, 11 H. 4.2. their duty, 3 H. 6.3. 11 H. 6.15. 3 H. 7.7. ibid.
Custome, who must pay, and how, and for what, 1 H. 7.2. 3 H. 7.7. 11 H. 7.14. 1 H. 8.5. 2 & 3 E. 6.22. ibid.
Cloth, Gold, Silver, &c. to be sealed without fee, 4 H. 8.6. pag. 134
Custome of Tunnage and Poundage granted to the King for [Page]life, 12 Car. 2. cap. 4. Page 134, 135, 136
Custos Rotulorum, who may be, and how he may execute his place, 37 H. 8.1. 3.4 E. 6.1. Page 136, 137
Creditor: How and where a Creditor may recover against a Conveyance fraudulent, 50 E. 3.6. 13 El. 5. 27 El. 4. Page 258, 259
Clothes foreign must not be brought into England, 11 E. 3.3. Strange Cloth-workers to be protected, 11 E. 3.5. Their lengths, 25 E. 3. Stat. 4. what clothes pay Subsidy, and what not, 27 E. 3. 50 E. 3.7, 8. Page 153, 154
Who is to seal clothes, 3 R. 2.2. 13 R. 2.11. 17 R. 2.2. 11 H. 4.6. 27 H. 8.12. Page 155, ad 163
What clothes must be sealed and are vendible, and what not, 13 R. 2.11. 9 H. 4.2. 17 E. 4.5. 33 H. 8.3. 3.4 E. 6.2. Page 153, 181
The several lengths of clothes, 4 E. 4.1. 1 R. 3.4. 6 H. 8.8, 9. 5.6 E. 6.6. Page 155. ad 167
What clothes may be transported beyond the Seas, 27 H. 8.13. 33 H. 8.19. Page 162. ad 164
Church shall be free, Magna Charta, c. 1. Page 253
Copyhold, part of Hounslow-heath made, Page 288
Copyhold Land to be let and improved, 37 H. 8.2. ibid.
Cloth, linnen clothes, their length and goodness, 28 H. 8.4. 1 El. 12. Page 336
Colledges, Chanteries, free Chappels, &c. given to the King, 37 H. 8.4. 1 E. 6.14. Page 375. ad 382
Chirurgion who shall be, and their priviledges, 3 H. 8.11. 5 H. 8.6. 32 H. 8.42. 34 35 H. 8.8. Page 421. ad 424
Consultation, what and where allowed, Stat. de Consultatione, 24 E. 1. Page 445
Cry, Hue and Cry, how and where it shall be followed, and the punishment for neglect of it, Stat. Winchest. cap. 1. 13 E. 1. Art. super Cart. 17. 17 R. 2.6. 27 Eliz. 13. Page 488. ad 491
[Page]Conduct, safe conducts, by whom to be granted, and to what persons, 15 H. 6.3. 18 H. 6.8. 20 H. 6.1. Page 495

DIsmes, accountants therefore not chargeable at other mens Suits in the Exchequer, 1 R. 3.14. p. 3
Dower, admeasurement of Dower, where it lies, and how, West. 2. c. 7. 13 E. 1. Page 7
Admeasurement of Dower, Writ therein to whom allowable, West. 2. cap. 7. 13 E. 1. ibid.
Disseisin, Assise of Novel-disseisin, where to be taken, and by whom, Magna Charta, c. 12. 9 H. 3. Page 7
Where an Assise of Novel-Disseisin will lye, West. 1. c. 24. 3 E. 1. ib. c. 36.48. West. 2. c. 35. 13 E. 1. ibid. 46. de conjunct. feoffat. 34 E. 1. Ebor. 34 E. 2.1. 7 R. 2.10. 1 H. 4.8. 4 H. 4.8. 6 H. 6.2. 11 H. 6.2. 21 H. 8.3. Page 27. ad 30
Dayes in Bank, what they be, and how they answer one to another in a single Writ, a Writ of Dower, De anno Bissextili, 21 H. 3. 51 H. 3. Page 137. ad 140
What day shall be given in a Darreign presentment, Quare Impedit, or attachment, Marlb. 12. 52 H. 3. and what in a real action, 32 H. 8.21. 5 E. 3. Page 140
Damages and Costs, who shall recover, and where, and in what cases, and how much, Gloucest. 1. 6 E. 1. Glost. 14. 6 E. 1. 3 H. 7.10. 19 H. 7.20. 23 H. 8.15. 24 H. 8.8. 43 El. 6. 4 Jac. 21 Jac. 16. Page 141, 142
Darrein presentment before whom to be taken, Mag. Carta, 13. 9 H. 3. Page 142
Debt, how a man may be sued for debt, by whom, and in what time, either by the King or a private person, 1 R. 2.12. 2 R. 2. Parl. 2, 3. 3 Jac. 15. 7 Jac. 12. p. 142, 143, 144
[Page]Debt, forreigner may not be distrained for debt, West. 2. 13 E. 1. Page 143
Debt to the King how to be paid or levied, and in what time, Magna Charta 8. 9 H. 3. & 18. West. 1. 19 E. 3.1. Artic. sup. Chart. 12. 28 E. 1. 13 El. 4. & 14.7. & 14.7. & 27.3. 7 Jac. 15. Page 144, 145, 146
Debt due by book, in what time it must be sued, 7 Jac. 12. Page 144
Declaration must be full, 36 E. 3.15. Page 147
Decies tantum, by whom forfeitable, and for what, 38 E. 3.12. Page 147
Demurrer, after demureer joyned and entred, the Judges must give judgment according to Law, 27 El. 5. Page 147, 148
Dilapidations, the remedy against Ecclesiastical persons for the same, 13 El. 10. Money recovered for Dilapidations to be laid out in building within two years, 14 El. 11. Page 148
Deceit, the punishment thereof, West. 29. 3 E. 1. ibid.
A Writ of Deceit, where maintainable, 2 E. 3.17. ibid.
Discontinuance, no suits shall be discontinued either by the Kings death or otherwise, 11 H. 6.6. 1 E. 6.7. Page 149
Dispensations, which shall be void, and why, 28 H. 6.16. Page 150
Distresses, Cattel impounded may be fed without disturbance, who may distrain, for what, and upon what, and where, de districtione Scaccarii, 51 H. 3. Marlb. 1. 52 H. 3. Marlb. 2. Marlb. 3.4, 15. West. 1. & 2. 16 & 17 E. 1. West. 2.36, 37. 13 E. 1. Artic. Cleri: 9. 9 E. 2. 1, 2 P. M. 12. Page 150, 151, 152
Dover, the Constables of Dover Castle, their power, Artic. super Cartas, 7. 28 E. 1. Page 152
Dower, where a woman shall have Dower, and where not; and what to recover in a Writ of Dower, Merton 1. 20 H. 3. West. 1, 48. West. 2, 4. 1 E. 6.12. 5 E. 6.12. Page 152, 153
[Page]Duresse, Obligations forced by Duresse, shall be void, 1 R. 2.13. Page 182
Durham, Fines levied in the County Palatine of Durham, shall be good, 1 M. Parl. 2.3. 5 Eliz. 27. ibid.
Writs thither must be directed to the Bishop, 31 El. 9. ib.
Dayes, holy dayes appointed, 5.6 E. 3.3. Flesh forbidden on Friday, 2, 3 E. 6.19. all unlawful pastimes forbidden on the Lords Day, 1 Car. 1. 3 Car. 1. Page 280

EMbassies to be recorded in the Exchequer, 5 R. 2.10. pag. 51
England, the Crown and Empery thereof entailed, 14 E. 3. 7 H. 4.2. 35 H. 8.1. 1 El. 1. & 1.3. & 5.1. p. 110, 111, 112
The Subjects and Inhabitants thereof must take the Oath of Supremacy, 5 El. 1. Page 112, 113
Embracery what, and the punishment thereof, 38 E. 3.12. 34 E. 3.8. Page 147
Eccles: Jurisdiction, who may exercise it, 37 H. 8.19. Page 182
Egyptians, the punishment of lewd people so calling themselves, 22 H. 6.10. 1.2 P. M. 4. 5 El. 20. Page 183
Election: None may disturb free election, West. 1. cap. 5. Art. Cleri, c. 14. nor take reward electing, 31 Eliz. 6. Page 183, 184
English-men, sworn Subjects to a foreign Prince, shall be as aliens, 14 & 15 H. 8.4. Page 185
England and Scotland to be united, 1 Jac. 2. Laws of hostility repealed, 4 Jac. 1. Felonies of English in Scotland, where triable, 4 Jac. 1. Pacification between them, 16 & 17 Car. 17.18. Page 185, 186, 187
Entry; Writ of Entry what, and what recoverable by it, Gloucest. 7. 6 E. 1. Entry Sur disseisin en le Post Marlb. 29. 52 H. 3. Page 187
[Page]Error, where a Writ of Error will lye, 5 E. 3.2. in fine. 10 E. 3. Stat. 2.3. 31 E. 3. Stat. 1.12. 32 El. 3. 27 El. 8. 31 El. 1. 16 Car. 2. cap. 2. Page 187. ad 190
Escape; What is escape of a felon, and who to inquire thereof, West. 1: 3. 3 Ed. 1. 31 E. 3. Stat. 1.14. 1 R. 3.3. Page 190
Exchange, where to be kept, 9 E. 3.7. ibid.
None may exchange silver for gold, or gold for silver, to take profit thereof, 25 E. 3. Stat. 5.15.5 & 6 E. 6.19. Page 190, 191
Exchequer, All Bayliffs, Sheriffs, and others shall account in the Exchequer, the time when, and the manner how, Scaccarii, 51 H. 3. Stat. de Rutland. 10 E. 1. 1 R. 2.5. 5 R. 2. Stat. 1.11, 12, 13, 14, 15, 16, &c. Page 191, ad 195
Issues lost therein, when discharged, 1 Jac. 26. Page 195, 196
Fees due there for homage Page 197
Escheators, by whom to be chosen, their office, duty, and fees, 14 E. 3.8. 34 E. 3. Stat. 1.13, 14. 36 E. 3. St. 1.13. 8 H. 6.16. 18 H. 6.6, 7. 23 H. 6.17. 1 H. 8.8. 2, 3 E. 6.8. Page 197, ad 201
Who may be an Escheator, 42 E. 2.5. 12 E. 4.9. 33 H. 8.22. Page 198, 199, 200
Escuage, what, Mag. Chart. 37. Page 201
Essoin, where it shall be allowed, and where not, Marlb. 13. 52 H. 3. Marlb. 19. West. 1.41, 42, 43. Gloucest. 10. 6 E. 1. West. 2.13, 17, 27, 28. Stat. of Essoyns, 12 E. 2. Page 202, 203
Estreats, what, and against whom, West. 1.44. 5 E. 1. De froma mittendi extractus ad Scaccarium, 15 E. 2. 42 E. 3.9. 7 H. 4.3. Page 203, 204
Exception, where to be allowed, and where not, West. 2.31. Page 205
Excise, who and of what to pay Excise, and the said duty settled on the King, 12 Car. 2. cap. 24. 15 Car. 2. [Page]c. 12. Stat. 3.16, 17 Car. 2. cap. 4. Page 205, ad 208
Excommunication, who may be excommunicated, and who not, Art: Cleri: Cart: 7.12. against whom a Writ de Excommunicato capiendo shall be made, and when, 25 El. 23. Page 208, 209, 210
Execution, the several kinds thereof, where a second for the same thing to be had, 32 H. 8.5. 1 Jac. 13. 3 Jac. 8. 21 Jac. 24.16, 17 Car. 2. c. 8. Page 210, ad 214
Executors, their power, how they may sue and be sued, West. 2.23. 4 E. 3.7. & 9.3. Stat. 1.3. 25 E. 3. Stat. 5, 6. 33 H. 6.1. 21 H. 8.4. 43 El. 8. Page 214, 215, 216
Exigent and Outlary, who may be outlawed, and for what; when the same may be reversed, and when not; and how the same is to be sued, 5 E. 3.12, 13. & 18.2, 5. 6 H. 8.4. 1 E. 6.10. 5, 6 E. 6.26. 31 El. 3. p. 216, 217, 218
Extortion what, in whom, and the punishment thereof, West. 1.26, 27, 29. 3 E. 1. 28 H. 6.5. Page 219

FOrce, force of arms, by whom to be prohibited, 7 E. 1. 2 E. 3.3. 7 R. 2.13. Page 25
Felony, 'tis felony for a Souldier to run away from his colours, 18 H. 6.19. 7 H. 7.1. 3 H. 8.5.2 & 3 E. 6.2. Page 57, 58
To go out of England to serve any foreign Prince or State without licence, and giving securiry, is felony, 3 Jac. 4. severall offences made felony, 3 Car. 1. Page 124, 130, 131
Fleet, Warden of the Fleet may not suffer his prisoner to go at large, being in by Judgment, 1 R. 2.12. Page 142
Forfeit, a woman suffering a Recovery by Covin, the recovery is void, and she forfeits her estate, 11 H. 7.20. Page 148, 149
Fines and Recoveries being inrolled, the inrollment as good as the same extant, 23 El. 3. Page 187, 188
[Page]Fieri Facias, to what it extends, West. 2.18.45. Page 210
Fares or Markets, where, when, how long, and by whom to be kept, Winchest. c. 6. 13 E. 1. 2 E. 3.15. 5 E. 3.5. 3 H. 7.9. Page 219, 220
Toll-taker, or Book-keeper, therein his duty and office, 2, 3 P. & M. 7. 31 El. 12. Page 220, 221
False Judgment; Who may hold Plea of false Judgment, and how triable, Marlb. 20. 52 H. 3. Stat. 1. E. 34. Page 221
Fees due and appointed to several persons, West. 2.42, 44. 13 E. 1. Page 222
Feoffment of Lands, where void, 1 R. 2.9. 4 H. 4.7. 11 H. 6. 3r ibid.
Felony, what is felony, and the punishments thereof, West. 1.12. Stat. of breaking prison, 1 E. 2. 5 H. 4.4, 5. 1 H. 7.7. 3 H. 7.2.14. 21 H. 8.7. 22 H. 8.11. 25 H. 8.6. 1 E. 6.12. 5 El. 10.17. 43 El. 13. 21 Jac. 26. Page 222, 223, 224
Feasants and Partridges, the penalties for hunting or killing them, 11 H. 7.17. 23 Eliz. 10. 1 Jac. 27. 7 Jac. 11. Page 225, ad 228
Fighting and Quarrelling, when and how punishable, 5, & 6 E. 6.4. Page 228
Fines, how to be levied, and by and before whom, when it shall be good, and when not, Stat. de finibus, 18 E. 1. Stat. de finibus levatis, 27 E. 1. Stat. 1. St. of Carlile, 15 E. 2. 3 E. 3.4, 16. 38 E. 3. Stat. 1, 3. 5 H. 4.14. 1 R. 3.7. 4 H. 7.24. 32 H. 8.36. 37 H. 8.19. 2, 3 E. 6.28. 1 M. Parl. 1.7. 35 El. 2. Page 228, ad 232
First-fruits given to the King, how to be paid, and by whom, and the penalties for non-payment, 26 H. 8.3, 17. 1 El. 4. Page 232, ad 236
Fish and Fishermen, who may fish, what fish they may take, how, where, and when sell it, 31 E. 3. Stat. 1.3. Stat. 3.1, [Page]2. 35 E. 3. 13 R. 2.19. 17 R. 2.9. 22 E. 4.2. 11 H. 7.23. 31 H. 8.2. 2 & 3 E. 6.6 1 El. 17. p. 237. ad 242
Fishpond, &c. none may break a Fishpond head, &c. 5 El. 21. Page 241
Flax and Hemp, how to be watered, 33 H. 8.17. Page 242
Fools, Lunaticks and Mad-men, the King to have the custody of them, Praerog. Reg. 9, 10. 17 E. 2. Page 242, 243
Force, Forcible Entry, the punishment thereof, who shall judge thereof, and the remedy therein, 5 R. 2. L. 15 R. 2.2. 8 H. 6.9. 31 El. 11. 21 Jac. 15. Page 243, 244
Forrests, the Laws and Liberties of Forrests, Charta Forestae, cap. 1, 2, ad 15. 9 H. 3. 1 E. 3. Stat. 1. cap. 8. 1 E. 3. Stat. 2. c. 1, 2. 25 E. 3. Stat. 5. c. 7. 7 R. 2.3, 4. 22 E. 4.7. 32 H. 8.35. 16 & 17 Car. 16. Page 244, ad 248
Felons shall not be disseised of Lands till convicted, Stat. de catallis felonum, 31 E. 3. Stat. 1, 3. 1 R. 3.3. 11 H. 7.1. 24 H. 8.5. Page 249, 250
Forger of false Deeds, how punishable, 5 Eliz. 14. Page 250, 251
Forestallers, Regradors, Ingrossers, who, and their punishment, 5, 6 E. 6.14. 13 El. 25. in fine. Page 251, 252, 253
Franchises and Liberties, Magna Chart. c. 1, 9, 37. 9 H. 3. Stat. de Quo War. 18 E. 1. 30 E. 1. de Tallagio non concedendo, 1 E. 1. c. 4. 1 E. 3. Stat. 2, 4. & 14. Stat. 1. c. 1. 6 R. 2. Stat. 1. c. 1. 2 H. 4.1. 27 H. 8.24. 32 H. 8.20. Pet. Right, 3 Car. 1. Page 253, ad 258
Fraudulent Conveyances, when and why void, 50 E. 3.6. 13 El. 5.27. & 27.4. Page 250, 259, 260
Freeholders, their priviledges, Marlb. cap. 22. 50 H. 3. 15 R. 2.12. 16 R. 2.2. Page 260
Fuel, the assize thereof, 7 E. 6.7. 43 El. 14. Page 260, 261, 162
Fustians, how to be dressed, and by whom to be searched, [Page] 11 H. 7.27. 39 El. 13. Page 262
Fens and Marshes to be drained, 4 Jac. 8.13. 7 Jac. 20. 15 Car. 2. cap. 17. 16, 17 Car. 2. cap. 11. Page 370

GRain and Corn, who may transport it, and by what licence, and at what price, 5 El. 12. 13 El. 13. 3 Car. 1.4. Page 95, 96
Gavel-kind, in some kind abolished, 31 H. 8.3. Page 127
Gauging, all Wines brought in shall be gauged by the Kings Gaugers, 27 Ed. 3.8. 4 R. 2.1. 18 H. 6.17. 31 El. 8. Page 262, 263, 264
Gauger, his duty and fee, 27 E. 3.8. 23 H. 6.16. ibid.
Gigmill not to be used, 5, 6 E. 6.22. Page 264
Gold an Goldsmith, none shall make any vessels, or other thing of worse silver then money, Art. super Cart. c. 20. 28 E. 1. 27 E. 3.14. 7 E. 3.37. 5 H. 4.13. 2 H. 6.14. nor alloy it, 4 H. 7.2. 18 El. 15. 14 Car. 2. c. 3. Page 264, ad 268
No mettal but silver shall be guilded, 2 H. 5. Stat. 2. c. 4. 8 H. 5.3. Page 266
Grant, Exemplification thereof as good and effectuall as the the Grant it self, 3, 4 E. 6.4. 13 El. 6. Page 268
Gunpowder and Salt-peter may be brought in from foreign parts, 16, 17 Car. 21. Page 268
Gavelet, a Writ of Gavelet, what, and of what use, Stat. de Gavelet, 10 E. 2. Page 337
Games, none may keep houses of unlawful gaming, and the penalty of those that do, 33 H. 8.9. 2, 3 P. M. 9. 16 Car. 2. cap. 5. Page 425, ad 428

[Page]

HIdes, when they must be tanned, by whom, and with what, 1 M. Parl. 2.8. 1 Jac. 22. p. 88, 89
They must not be gashed or sold when putrified, 1 Jac. 22. Page 89
Hawk, no hawk of English breed may be born, 11 H. 7.17. Page 225
The penalty of driving Hawks from their Coverts, or concealing any Hawks, 34 Ed. 3.22. 37 Ed. 3.19. Page 272
Hare, Deer, &c. may not be bought to sell again, the penalty thereof, 1 Jac. 27. Page 226, 227
Herrings, when they may be bought and sold, and the prices, 31 E. 3. Stat. 2.1, 2, 3. Page 237, 238
Hemp and Flax, where it may be watered, and where not, 33 H. 8.15. Page 242
Hats, who may make them, and of what, and who sell them, 8 El. 11. 1 Jac. 17. Page 268, 269
Hexamshire, where, 14 El. 13. Page 272
High-wayes made, altered, repaired, and the penalties for neglect thereof, 14, 15 H. 8.6. 26 H. 8.7. 37 H. 8.3. 1 M. Parl. 2. cap. 5. 2, 3 P. M. 8. 5 El. 13. 18 El. 10. 39 Eliz. 19.13 & 14 Car. 2. cap. 2. Stat. 2. 14 Car. 2. cap. 6.15 Car. 2. cap. 1. St. 3.16, 17 Car. 2. Page 272, ad 280
Homage and fealty, the manner thereof, 17 E. 2. Page 281
Hampton-Court made an Honor, 31 H. 8.5. Ampthill, 33 H. 8.37. and Grafton, 33 H. 8.38. Page 281, 282
Hops, who may bring them in, and how mixed, 1 Jac. 18. Page 282
Horns, who may buy and sell them, and who may search and try the commodity, 4 E. 4. 7 Jac. 14. ibid.
Horses may not be taken without the owners consent, 20 R. 2.5. nor transported by any, 11 H. 7.13. 1 E. 6.5. Page 283, 284
[Page]Hospitals, by whom they may be founded and reformed, 2 H. 5. St. 1. c. 1. 2 H. 6.2. 13 El. 17. 14, 18, 27 El. not printed, 39 El. 5. Page 285, ad 288
Hunting, who may hunt, and what, 13 R. 2.13. 19 H. 7.11. 3 Jac. 13. 13 Car. 2. cap. 10. Page 289, 290

JUstices of the Peace, their power to punish lewd women and Bastardy, 7 Jac. 4. 3 Car. 4. Page 43
Jesuits and Seminary Priests, what is in them felony or treason, and the punishment thereof, 27 El. 2. 35 El. 2. Page 116, ad 119
Judgment, Plea of false Judgment, who may hold, and by whom triable, Marlb 20. 52 H. 3. 1 E. 3.4. Page 221
Indictments, &c. must all run in the Kings name, 27 H. 8.24. Page 255
By whom to be found, and how, and where good, West. 2. c. 13. 13 E. 1. 1 E. 3. Stat. 2. c. 17. 25 E. 3. St. 5.14. 11 H. 4.9. 3 H. 7.1. 37 H. 8.8. Page 293, 294
Inclose, who may inclose their Land, and better it by Seas, 4 Jac. 11. 7 Jac. 18. Page 291
Identitate nominis, what and wherein available, and by what maintainable, 37 E. 3.2. 9 H. 6.4. ibid.
Judgment, where it may be stayed or reversed, and where not, 18 El. 14. 21 Jac. 13. 14 E. 3. Stat. 1.5. 4 H. 4.23. Page 291, 292, 299
Isle of Wight, none there to take above one Farm, 4 H. 7.15. Page 292
Incontinency of Priests by whom punishable, 1 H. 7.4. Page 293
Incumbent, who, and his remedy, if unlawfully turned out of his Benefice, 13 R. 21. 4 H. 4.22. Page 293
Indicavit, where it lies, and for whom, 34 E. 1. ibid.
Infections; no dung, &c. to be cast in or near the City, &c. 12 R. 2.13. Page 294
Informer, how he must sue, and what he must do in it, 18 El. 5. 29 El. 5. in fine. 31 El. 10. Page 295
[Page]Inrollment, the force and value thereof, when to be done, and before whom, 6 R. 2.4. 27 H. 8.16. 34, 35 H. 8.22. 5 El. 26. Page 296
Intrusion, what the inconvenience thereof, and how punishable, Prerog. Reg. c. 13. 17 E. 2. 21 Jac. 14. Page 296, 297
Ipswich to be paved, 13 El. 21. Page 297
Ireland, all merchandize may be carried thither, 34 E. 3.17, 18. Irish-men may not live in England, 1 H. 6.3. 2 H. 6.8. 16, 17 Car. 30, 33. Page 299
Iron not to be exported, or sold too dear, 28 E. 3.5. ibid.
Judiciall Proceedings confirmed, 12 Car. 2. c. 12. ibid.
Jurisdiction, to whom belonging, and in what, Artic. Cler. c. 6. 9 E. 2. Stat. pro Cler. 25 E. 3. Page 300
Juris Utrum, what, and where it lies, West. 1. c. 24. 13 E. 1. 14 E. 3. Stat. 1.17. ibid.
Jurors, who shall be, how summoned, their duty, Marlb. c. 14. West. 2. c. 38. 21 E. 1.1. Art. sup. Cart. c. 9. 5 E. 3.10. 34 E. 3.4, 8. 8 E. 4.3. 1 R. 3.4. 23 H. 8.13. 35 H. 8.6. 27 El. 6. 16, 17 Car. 2.3. Page 300, ad 306
Justices, their oath and duty, 18 E. 3. Stat. 3, 1. 20 E. 3.1.2, 3. 1 Jac. 10. Page 307
Justices in Eyre, their power, office, and duty, Marlb. 24. 52 H. 3. West. 1. c. 18. 3 E. 1. West. 2.10. 13 E. 1. Page 307, 308
Justices of Assize, who may be, how many, where to keep their Sessions, their power in it, Just. Assisar. incerti temporis, 20 E. 3.6. 6 R. 2.2.5. & 8.2.2. & 20.2.3. 11 H. 4.3. 14 H. 6.3. 33 H. 8.24. Page 308, 309
Justices of both Be [...]che [...], their office and fees, West. c. 45. 10 H. 6. Statutum per se, not printed, Page 309
Justices of Gaol-delivery, their power, and when they must deliver the Gaols, Stat. de finibus levatis, c. 3. 27 E. 1. 2 E. 3.2. 4 E. 3.2. 17 R. 2.10. Page 310
[Page]Justices of Peace, who may be, their power and duty, when to keep Sessions, &c. 1 E. 3. Stat. 2.16. 34 E. 3. St. 1. c, 2. 34 E. 3.1. 36 E. 3.12, &c. Page 310, ad 313

KIng not prejudiced by lapse of time or otherwise, Prerog. Reg. c. 8. 17 E. 2. Stat. de Clero, c. 3. & 7. 2 E. 3. Page 9
Ayd of the King, where to be had, and where not, Stat. de Bigamis, cap. 1, 2. 4 E. 1. 14 E. 3.14. Stat. de Big. c. 3. Page 10, 11
Butler of the King, what he may take, and by whose order, 25 E. 3.21. 43 E. 3.3. Page 53, 54
Knight, when free from Castle guard, Magna Charta 20. Page 68
King, where debt is due to the King, how it may be recovered, and the penalty for any arrearages, Mag. Chart. 8. 9 H. 3. Mag. Chart. 18. Artic. super Cart. 12. 13 El. 4. 14 El. 7.27. & 27.3, 7 Jac. 15. Page 144, ad 147
King; additional Revenue setled upon the King, and of what, 14 Car. 2. c. 10. 12 Car. 2. c. 23, 24. 15 Car. 2. c. 14. 16 Car. 2. c. 3. Page 215, ad 220
King shall have the custody of the lands of natural fools and lunaticks, Prerog. Reg. 9, 10. 17 E. 2 Page 242, 243
King shall hold the lands of one convict for felony a year & a day, Magna Charta, cap. 22. and all his goods, 17 E. 2.16. Page 248, 249
What Escheats the King shall have, 17 E. 2.14. Page 249
King, none but the King can pardon felony, 27 H. 8.24. Page 255
Where his presentee shall not be received, 13 R. 2.1. Page 293
His Officers in Ireland shall not purchase there, nor make purveyance, their fees and duty, 17 E. 2.1, 2, 3, 4, 5, 6, 7, 8. Page 297, 298
[Page]Keeper of the Seal of England, and Chancellor made the same, 5 El. 18. Page 313
Knight, why a man may refuse Knight-hood, Stat. de milit. 1 E. 2.16, 17 Car. 20. Page 320
King shall have Primer Seisin, and where, Praerog. Reg. 3. 17 E. 2. Page 438

LIcence, who may alien without licence, and who not, Praeog. Eegis 6. 17 E. 2. 1 Car. 3. Page 14
Fees for discharging a Licence of alienation, 1 Car. 3. ibid.
Leagues, breakers of Leagues how punishable, 2 H. 5.6. 14 E. 4.4. Page 50, 51
Lands given to Pious Uses when forfeited, West. 2.41. 13 E. 1. Page 86
Leather, who may transport, and who pack it for that use, 27 H. 8.14. 18 El. 6. neither may any buy to sell it again, 5 E. 6.15. Page 87, 88, 89, 332
When curried, it must be sealed, 1 Jac. 22. Page 88, ad 94
Letters, counterfeit, the punishment for the same, 33 H. 8. 1. Page 99
Lands, what are liable to pay debts to the King, 33 H. 8. 39. and what persons, Page 102, ad 107
London, a Freeman there how, and where to be sued, and for what, 3 Jac. 15. Page 125
Liberties confirmed, Magna Charta, c. 9. 37. Stat. de quo Warranto, 18 E. 1. de quo Warrant. 30 E. 1. de Tallagio non concedendo tempore. E. 1. c. 4. 1 E. 3. Stat. 2.9. 14 E. 3. Stat. 11. c. 1. 25 E. 3. Stat. 3.1. 6 R. 2. Stat. 1.1. 7 R. 2.1. 2 H. 4.1. Petition of Right, 3 Car. 33 H. 8.33. Page 253, ad 258
Labourers, their wages, time of service, and conspiring [Page]about the same, by whom to be appointed, and how punishable, 2, 3 E. 6.15. 5 El. 4. 1 Jac. 6. Page 321, ad 327
Lancaster, Priviledges of the Dutchy of Lancaster, 33 H. 6.2. 37 H. 8.16. 2, 3 P. M. 20. 16, 17 Car. 2. cap. 9. Page 327, 328
Leases, who may make Leases, and for how long, and where a Lease shall be void, 32 H. 8.28. 13 Eliz. 10.20. 14 El. 11. 18 El. 6.11. 43 El. 9. 12 Car. 2. cap. 31. 13 Car. 2. c. 4. Page 328, ad 332
Leet, and Steward of a Leet, 18 E. 2. 1 Jac. 5. Page 332
Limitation, several cases and entries and claims limited, Merton 25 H. 3.8. West. 1. 3 E. 1.38. 32 H. 2. 21 Jac. 2.16. Page 333, 334, 335
Linne repaired, 26 H. 8.9. Page 336
Linnen Cloth; not to be made deceitful, and by whom to be sold, 28 H. 8.4. 1 El. 12. ibid.
Livery and ouster le mayne, what, and the effect thereof, Stat. de Escaetoribus, 29 E. 1. 28 E. 34. Page 336, 337
Liveries and retainers forbidden, and why, 1 R. 2.7. p. 337
London, Priviledges thereof, and Officers there how punishable, 28 E. 3.10. 1 H. 4.15. 35 H. 8.10. Page 337, 338
Lords, how to be placed in Parliament, 31 Hen. 8.10. Page 338

MAgna Charta, and the severall Chapters thereof, 9 H. 3.4. pag. 4, 19, 20, 27, 37, 68, 83, 99, 142, 144, 232, 248, 253, 343, 389, 400, 429, 449, 470, 485, 547, 570, 589, 613, 621, 624, 628, 658
Murder; concealment of a Bastards death, murder, 21 Jac. 27. pag. 43
[Page]Maimed Souldiers and Mariners, how to be provided for, 43 El. 3. Page 58, 59, 60
Market, Clerk thereof, his duty and power, 13 R. 2.4. 27 Car. 19. Page 78
Magna Charta confirmed, Marlb. 5. 52 H. 3. 25 Ed. 1. cap. 1, 2, 3, 4. Artic. super Cart. 1. 28 E. 1. 1 E. 3.1. 42 E. 3.3. Page 83, 84
Marshall and Constable their power, 8 R. 2.5. 13 R. 2.1, 2. Page 85, 86
Masse, the punishment for saying, hearing, or being thereat, 29 El. 6. Page 117
Mares, who bound to keep them, and how many, 27 H. 8.6. 32 H. 8.13. 8 El. 8. 21 Jac. 28. Page 283, 284, 285
Madder, allowed to be imported, 14 Car. 2. c. 30. repealed 15 Car. 2. c. 16. Stat. 3. in fine. Page 338
Mainprise and Bayl, who may be let to bayl, and who may not, and why, Marlb. 52 H. 3.27. West. 1. 15 E. 3.1. 3 H. 7.3. 1, 2 P. M. 13.2, 3 P. M. 10. Page 338, 339, 340
Maintenance, what, and how punishable, West. 1.28. 3 E. 1. 1 E. 3. Parl. 2.14. 20 E. 3. e. 1 R. 2.4. 7 R. 2.15. 32 H. 8.9. Page 340, 341
Malt must be well cleared from dust and filth, must be well made and dryed; who have power to restrain Malsters, and the prices of Malt, 17 R. 2.4. 2 E. 6.10. 39 El. 16. 3 Jac. 11. Page 341, 342
Manufactures, severall forreign Commodities forbidden, and Native encouraged, 14 Car. 2. cap. 13. 15 Car. 2. cap. 15. Stat. 3. Page 342, 343
Merchants and Merchandize, Merchant Strangers shall have safe Conduct to buy and sell, paying Customs, &c. Magna Charta 30. 9 E. 3.1. 14 E. 3. St. 2, 3. 25 E. 3. Stat. 4.2. Stat. Stapul. 27 E. 3. Stat. 2.2.3. 27 E. 3. Stat. 2.11.13.17.26. 38 E. 3.1, 2. 2 R. 2.1. 5 R. 2. Stat. 2.1. 14 R. 2.9. 16 R. 2.1. 4 H. 4.15. [Page]5 H. 4.7. 17 E. 4.1. 1 R. 3.12. 1 El. 11. 43 El. 12. 3 Jac. 6.9. 14 Car. 2. cap. 23. Page 243, ad 352
Marshalsey, what it holds plea of, the method of their proceedings, and the fees, Artic. super Cart. 3. 5 Ed. 3.2. 9 R. 2.5. 13 R. 2. Stat. 1.3. 4 H. 2.23. 15 H. 6.1. Page 369, 370
Masons, confederacy amongst them, felony, 3 H. 6.1. Page 370
Matrimony and Marriage: What marriages shall be accounted lawful, 32 H. 8.38. 2, 3 E. 6.21. 5 E. 6.12. Bigamus shall die as a felon, 1 Jac. 11. 12 Car. 2. c. 33. Page 370, 371
Mesne, what, and where a Writ of Mesne shall lie, West. 2.9. 13 E. 1. Page 371, 372
Ministers, an Act for confirming some, &c. 12 Car. 2. cap. 17. Page 372
Monasteries, Priories, &c. under 200 l. per annum given to the King, 27 H. 8.28. and all other, 31 Hen. 8.13. Page 373, 374, 375
Money; Receivers of publike Moneys, &c. made accountable to the King, 13 Car. 2. c. 3. 14 Car. 2. cap. 14. 13 Car. 2. c. 13. Page 3, 4.
Money, None shall export more money, then for his expences, nor hide it in clothes, &c. Stat. of great money, incerti temporis, Page 382, 383
Clipt money shall not passe, Stat. of small money, 20 E. 1. 19 H. 7.5. Page 384, 386
None shall export money, be it gold, silver, &c. 9 Ed. 3.1, 2, 3, 4, 5, 6, 9, 10, 11. 2 H. 4.5. 2 H. 6.6. Page 383, 384, 385
Money must not be impaired in weight nor alloy, and so to do is treason, 25 E. 3. Stat. 5.13. 3 H. 5.6. 2 H. 6.12. 19 H. 7.5. Page 384, 385, 386
Counterfeiting of Money, misprision of treason, 14 El. 3. Page 387
[Page]Monopolies; all Monopolies of what thing soever, condemned as unlawful, 21 Jac. 3. Page 387, 388
Mortdancester; a Writ of Mortdancester shall lie for an heir to recover his Land, and where, Marlb. 16. Stat. of Glocest 6. 6 E. 1. Page 388, 389
Mortmain; What Lands aliened in Mortmain, who shall enter thereon, Glocest. alias de Religiosis, 7 Ed. 1. West. 2.31. 15 R. 2.5. 23 H. 8.10. Page 389, 390
To obtain Licence to amortize Lands, what is necessary. Ordinatio de perquirendis libertatibus, 27 E. 1. Stat. of amortizing Lands, 34 Ed. 1. the Stat. of Writs, De Clero, 3. 18 E. 3. Page 390, 391
Mortuary, what, and what shall be taken in lieu of it, 21 H. 8.6. Page 392
Murder and Manslaughter, what shall be judged Murder. and what Manslaughter, Marlb. 25. 52 H. 3. 3 H. 7.1. Pars inde. Page 393, 394
How the Coroner and his Jury shall view a murdered body to give sentence thereof, 3 H. 7.1. ibid.
Muster, who may muster and levy Souldiers, and who are bound to appear at a Muster, 4, 5 P. M. 3. Page 394, 395

NOnage, where prejudiciall, and where not, West. 1. cap. 46. 3 E. 1. Stat. of Glocester, cap. 2. 6 E. 1. Exposition of the Stat. of Glocester, cap. 2. West. 2. c. 40. 13 E. 1. Page 10
Naturalization or restoring to blood, what hinders it, 7 Jac. 2. Page 29
Newcastle upon Tyne; All goods to be sold in the River of Tyne, to be loaded only at New-castle, and the Keels in the Port there by whom to be measured, 9 H. 5.10. 21 H. 8.18. Page 393
[Page]News; Raisers of false news or lies, their punishment, West. 1.33. 3 Ed. 1. 2 R. 2. Stat. 1, 5. 12 R. 2.11. Page 395, 396
Nisi Prius, what Justices of Nisi Prius are, who shall be, and their power in their places and Circuits, West. 2.30. de finibus levatis, 27 E. 1.4. Stat. Ebor. 12 E. 2.3, 4. 2 Ed. 3.16. 4 Ed. 3.11. 14 E. 3. Stat. 1.16. 7 R. 2.7. 14 H. 6.1. 18 El. 12. Page 396, 397, 398
Non-plevin, what, Non-suit, Non-tenure, what and where, 9 E. 3.2. 2 H. 4.7. 25 E. 3. Stat. 5.16. Page 398, 399
Norwich; What may be bought or sold in Norwich, and what not, 33 H. 8.16. 1 E. 6.6. 5, 6 E. 6.24. 1, 2 P. M. 14. 39 El. 22. Page 399, 400
Nusance, a Writ of Nusance, where it lieth, and for what, and against whom, West. 2.24. 6 R. 2.3. Page 400
Night-walkers, how they shall be punished, 5 Ed. 3.14. Page 470

OAth of Supremacy, what, and where first made, 1 El. 1. 5 El. 1. 13 El. 2. 23 El. 1. Page 110, ad 130
Obligations made to the King, shall be in the nature of Statutes Staple, 33 H. 8.39: Page 102
Ouster le main, what, and where it helps, Stat. de Escaetoribus, 29 E. 1. Artic. super Cart. 28 E. 1. cap. 19. 28 E. 3.4. Page 336, 337
Oath, the Oaths of the King, the Bishops, the Kings Counsellors, Escheators, Sheriffs, Mayors, and Bayliffs. See Magna Charta Printed by Richard Tottle, 1556. fol. 164, 166. Page 400
Obligations, what, and where void, 38 E. 3.4. Page 401
Odio & atia, what, and where the Writ lies, West. 1.11. 3 E. 1. ibid.
[Page]Office, and Officers, who shall have the dispose and nominating thereof, 12 R. 2.2. 2 H. 6.10. Page 401, 402
What persons shall not have their office during life, 14 R. 2.10. 17 R. 2.5. 1 H. 4.13. 4 H. 4.20. 13 H. 4.5. 2 H. 6.10. 31 H. 6.5. ibid.
Offices may not be bought or sold, 5, 6 E. 6.16. 14 Car. 2. cap. 8. Page 402, 409
Oyer and Terminer, for what a Writ (ad audiendum & terminandum) shall be granted, West. 2.29. 13 E. 1. ibid.
Who shall be Justices of Oyer and Terminer, Stat. quod vocatur Ragman de Justiciariis assignatis, 33 E. 1. 2 E. 3.2. ibid.
Oyles, by whom to be searched, and not to be mixed, 3 H. 8.14. Page 404
Ordinary, his power in disposing goods, West. 2.19. 18 E. 3.6.3. 25 E. 3. Stat. 3.9. ibid.

PRomoters of Suggestions must find sureties, 37 E. 3. 18. 38 E. 3.9. pag. 5
Pasture, admeasurement of pasture upon an overcharge, how to be remedied, West. 2. c. 8. 13 E. 1. Page 7
Process, Records, &c. when, and how they may be amended, and when not, 14 E. 3.6. 9 H. 5.4. 4 H. 6.3. 8 H. 6.12, 15. Page 18
Parliament, the punishment for an assault of any Member Parliament, or their servant, 5 H. 4.6. 11 H. 6.11. Page 27
Pewter, who shall try the goodness thereof, 4 H. 8.7. 33 H. 8.4 Page 48, 49
Pleas, Common Pleas, where to be holden, Magna Charta 11. 9 H. 3. Artic. super Cart. 4. 28 E. 1. Page 83
[Page]Pelts, what, and by whom to be made, 5 El. 22. Page 89
Pope, 'tis Treason to obtain or put in ure a Bull from the Pope, and a Praemunire to bring into England any Agnus Dei, &c. or other Popish Relique,, 13 El. 2. p. Page 114
Pipe, Clerk thereof, and Clerk of the Remembrance, their duty, 37 E. 3.4. Page 194
Pipowders Court, its power and extent thereof, 17 E. 4.2. Page 220
Parks and Ponds, trespassers therein, how punishable, West. 1. c. 20. 21 E. 1. Frdinatio Forestae, 34 Ed. 1. c. 1, 2; 3, 4, 6, 6. Page 246, 247
Priests, their incontinency, by whom punishable, 1 H. 1.7.4. Page 293
Painters, who may not use the art of Painting, and who may; what is Painting, &c. 1 Jac. 20. Page 404
Palace, the limits of the Kings Palace, 28 Hen. 8.12. Page 405
Panell, who shall array and return the Panels, and when, and before whom, 42 E. 3.11. 3 H. 8.12. ibid.
Pardon, where grantable, and where not, and how the offence pardoned must be specified, Glocest. 9. 6 Ed. 1 2 E. 3.2. 10 E. 3.2, 3. 14 E. 3. Stat. 1.15. 27 E. 3. Stat. 1, 2, 13 R. 2.1. 5 H. 4.2. 21 Jac. 35. 12 Car. 2. cap. 11. Page 405, 406
Parliament how oft to be holden, who to appear there, how Parliament men are to be paid, how chosen, Mirror of Justices, cap. 1. Sect. 3. 4 E. 3.14. 36 E. 3.10. 5 E. 2. Stat. 2, 4. 12 R. 2.12. 7 H. 4.15. 11 H. 4.1. 1 H. 5.1. 6 H. 6.1. 8 H. 6.7. 10 H. 6.2. 23 H. 6.11, 15. 6 H. 8.16. 33 H. 8.21. 35 H. 8.11, 16. 12 Car. 2.2.1. 16 Car. 2. c. 1. Page 407, ad 412
Partition and Parceners, what, and who; how they shall be forced to divide, and how far the division extends, Stat. [Page]Hiberniae, 14 H. 3. Praerog. Reg. 5. 17 E. 2. 31 H. 8.1. 32 H. 8.32. Page 412, 413
Patents; what Patents shall be good; and what not, and what is thereby grantable, Praerog. Reg. c. 5. 17 E. 2. 11 R. 2.8. 1 H. 4.6. 18 H. 6.1. 6 H. 8.15. 34, 35 H. 8.21. 1 E. 6.8. 7 E. 6.3. 4, 5 P. M. 1. 18 Eliz. 2. 35 Eliz. 3. 43 El. 1. 21 Jac. 25, 29. 1 Car. 2. Page 415, ad 418
Paving; what places to be paved, how kept in repair, and the penalties for the breach thereof, 24 H. 8.11. 32 H. 8.17. 35 H. 8.12. 13 El. 23. 18 El. 19. 23 El. 12. 3 Jac. 22. Page 418, 419, 420
Peace to be kept, and by whom, 2 E. 2. 2 R. 2.2. 1 H. 4.1. Page 420
Pensions, Portions, &c. to whom payable, 34, 35 H. 8.19. ibid.
Perjury, what, who is guilty thereof, and how punishable, 5 El. 9. Page 420, 421
Physitians, a Colledg thereof incorporated, 14 H. 8.5. the priviledges o [...] Physitians, 32 H. 8.40, 42. 1 M. Parl. 1. Sess. 2. cap. 9. Page 421, ad 424
Plague, persons infected with the Plague, how to be provided for, and by whom, 1 Jac. 31. Page 424, 425
Pleadings to be in English, 36 3.15. Page 429
Poor people shall be admitted in forma pauperis, having cause of action, 11 H. 7.12. ibid.
Poor, who shall be Overseers of the Poor, they shall set the poor to work, and provide for them, and how, 43 Eliz. 2. 7 Jac. 3. 1 Jac. 25. 3 Car. 4. 14 Car. 2. cap. 12. Page 429, ad 437
Prison, where it shall be kept, and by whose appointment, 14 E. 3. Stat. 1.10. 19 H. 7.10. 23 H. 8.2. Page 439
Prisoners, how they shall be dealt with, 5 E. 3.8. 6 H. 8.6. 14 El. 10. 3 Jac. 10. Page 438, ad 441
[Page]Process, the several sorts and uses thereof, in severall cases, Art. sup. Cart. 15. 28 E. 1. 5 E. 3.11. 6 H. 6.1. 8 H. 6.10. 19 H. 7.9. 23 H. 8.14. 8 El. 2. 12 Car. 2. cap. 3, 12. Page 442, 44, 344
Passage and arrivage, who shall have free passage, and where; and orders appointed therein, 9 H. 6.5. 19 H. 7.17. 23 H. 8.12. 26 H. 8.5. 3, 3 P. M. 16. 1 Jac. 16. 21 Jac. 32. Page 413, 414, 415
Playes and games, what kinds forbidden, and what allowed, and by whom, 33 H. 8.9. 2, 3 P. M. 9. 16 Car. 2. cap. 5. Page 425, ad 428
Pleas of the Crown, who may not hold them, Magna Chart. 17. 9 H. 3. Page 429
Post-Office, erected and settled, when, and upon whom, 12 Car. cap. 34. 15 Car. 2. cap. 14. Stat. 3. Page 437
Praerogativa Regis, reservation thereon, West. 1.48. 3 E. 1. Page 437, 438
Primer Seisin, who shall have it, Praerog. Reg. 3. 17 E. 2. Page 438
Probate of Testaments, where, when, and before whom to be made, and the fees thereof, 31 E. 3.4. 21 H. 8.15. Page 441, 442
Prochein Amie, who, and his priviledg, West. 1. 47. 3 E. 1. West. 2.15. 13 E. 1. Page 445
Prohibition, where it lieth, and where not, Stat. de Circumspecte agatis, 13 E. 1. Art. Cler. c. 1, 2, 3, 4, 5. 1 E. 3. Stat. 2.11. 18 E. 3. St. 3.5. 43 E. 3.3. 50 E. 3.4. Page 445, 446
Prophecies false, may not be dispersed, 5 El. 15. Page 447
Protection, where available, and where not, Stat. de Protect. 33 E. 1. 25 E. 3. Stat. 5.19. 1 R. 2.8. 13 R. 2.16. 7 H. 4. ibid.
Praemunire, who shall incur, and for what, 25 E. 3.5.22. 3 R. 2.3. 7 H. 4.8. 3 H. 5.4. Page 448, 449
[Page]Purveyor, and Purveyance, who shall make it, and for whom, and in what measure, and of what, Magna Charta, 21. De Tallagio, non concedendo, West. 1.31. Art. super Cart: 2. 36 E. 3.2, 3, 4, 5, 6. 2, 3 P. M. 6. &c. 12 Car. 2. cap. 24. 13 Car. 2. c. 8. 14 Car. 2. c. 20. 449, ad Page 457

QUarrelling and fighting, none may quarrel or fight, give chiding words, lay violent hands, or strike with a weapon in the Church, 5, 6 E. 6.4. Page 228
Quakers, their punishment, 13, 14 Car. 2. cap. 1. pag. 457
Queen shall have regal power as well as a King, 1 M. Parl. 2.1. Page 458
Quod Permittat, where it lies, and for what, West. 2.24. 13 E. 1. ibid.

REligion; Religious persons when inabled to inherit, and how, &c. 31 H. 8.6. 33 H. 8.29. pag. 1, 2, 470, ad 474
They may not exercise temporal Jurisdiction, 16, 17 Car. 27. Page 2
Rome, Appeals thither taken away, 24 H. 8.12. Page 21
Receiver, Treasurer, and Auditor, their fees, 33 H. 8.39. Page 102
Rome, Jurisdiction of the Bishops of Rome, must not be maintained, 5 El. 1. 28 H. 6.16. Page 112
Recusants, Popish, confined to their dwelling, and their forfeitures, in several cases, 35 El. 2. 1 Jac. 1. 3 Jac. 4. 3 Jac. 5. Page 119, ad 129
Shall not present to a Benefice, nor be an Executor, 3 Jac. 5. Page 126, 127, 128
[Page]Return; Days of Return in Trinity Term, 32 H. 8.21. the like in Michael. Term, 16, 17 Car. 6. and what returns shall be good, Page 138, 139, 140
Rivers, none may fasten any thing over a River, whereby to hinder a common passage, 2 H. 6.15. 4 H. 7.15. 23 H. 8.8. 27 H. 8.23.18. 31 H. 8.4. 34 H. 8.9. p. 270, 271
New Rivers made, 27 El. 20.21, 22. 3 Jac. 18. 4 Jac. 12. 13 El. 18. Page 332
Retainers, none may keep retainers, or give them Liveries, 1 R. 2.7. Page 337
Rape, what it is, and the punishment thereof, West. 1.13. West. 2.34. 6 R. 2.6. Page 458, 459
Receivers, particular and general Receivers of the Kings Revenues to be accomptable, and pay, and when, 34 H. 8.2. 7 E. 6.1. Page 459, ad 462
Reasonable ayd, when grantable, and for what, West. 1. 35 E. 1. 25 E. 3. Stat. 5.11. Page 459
Recognizance, what, where good, the force thereof, before whom to be acknowledged, and the benefit thereof to the Creditor, Acton Burnel, 11 E. 1. de Mercatoribus, 13 E. 1. 14 E. 3.11. 5 H. 4.12. 23 H. 8.6. 11 H. 6.10. 16, 17 Car. 2. c. 25. Page 462, ad 467
Records, when, and how often to be sent into the Exchequer, 9 E. 3.5. Page 468
Recovery, where good, the force and validity of the same, 7 H. 8.4. 21 H. 8.15. 34, 35 H. 8.20. 14 E. 6.8. Page 468, 469
Redisseizin, what it is, and the punishment thereof, Merton 3. 20 H. 3. Marlb. 8. 52 H. 3. West. 2.26. 13 E. 1. Page 469, 470
Relief, what, Magna Charta 2. Page 470
Religion, Uniformity therein setled, and the punishment of Non-Conformists, 14 Car. 2. cap. 4. 15 Car. 2. cap. 6. [Page]Stat. 3. 15 Car. 2. oap. 5. Stat. 3. Page 470, ad 474
Rents, arrearages thereof to whom payable, and how to be recovered, 32 H. 8.37. Page 475
Repleader, what, 32 H. 8.30. Page 475, 476
Replevin, what may and must be done therein as to Cattel, Marlb. 21. 52 H. 3. West. 2.26. 13 E. 1. Page 469, 476
Receit, when one before Judgment prayes to be received to defend his right, and is overthrown, what he shall suffer, & econtra; De Defensione Juris, 20 E. 1. 13 R. 2.17. Page 477, 478
Residence, all Parsons having one Benefice, must be resident thereon, and not have any more then one at once, Art. Cleri: 8. 9 E. 2. 21 H. 8.13. 25 H. 8.16. 28 H. 8.13. 33 H. 8.28. Page 478, ad 482
Restitution; where goods stollen shall be restored, 21 H. 8.11. ibid.
Returns of Sheriffs and Bayliffs, how and when to be made, West. 2.39. 13 E. 1. 12 E. 2.5. 2 E. 3.5. Page 482, 483, 484
Riots, what makes a Riot, and who shall suppress it, and how, 27 R. 2.8. 13 H. 4.7. 2 H. 5.8, 9. 8 H. 6.14. 19 H. 7.13. Page 485, ad 488
Robberies, all persons shall be ready to pursue Robberies, West. 1.9. Stat. of Winchester, c. 1. 13 E. 1. 27 El. 13. 14 Car. 2. cap. 22. Page 488, ad 492
Rome, no Imposition shall be paid to the Bishop of Rome, nor licence sought thence, 25 H. 8.20, 21. pag. 492, 493, 495
No appeal shall be made thither, and when and from whom they shall be sued, 24 H. 8.12. 25 H. 8.19.21, 22, Page 492

[Page]

SHeriffs, their penalty, if faulty in their accounts, 6 Hen. 4.3. West. 1.19. 3 E. 1. p. 144
Subpoena, not grantable, till sureties found, 15 H. 6.4. Page 5
Sheep, how many may be kept, 2 & 3 P. & M. 3. 7 Jac. 8. Page 56
Souldiers, their punishment for making away their Horse or Arms, 2 & 3 E. 6.2. Page 57
By whom they may be discharged, 2, 3 E. 6.2. Page 58
Souldiers; who shall be charged to maintain and find Souldiers for the King, 13 Car. 2. cap. 6. 14 Car. 2. c. 3. 12 Car. 2.16. 14 Car. 2.8, 9. & 15 Car. 2. cap. 4. Stat. 3. Page 60, ad 68
Signet and Privy Seal, Clerks thereof, their duty, fees, &c. 27 H. 8.11. Page 79, 80
Sheriff, where to keep his County-Court, and Turn, and when, and who shall not appear thereat, Magna Charta 35. Marlb. 10. West. 2.32. 31 E. 3. Stat. 1, 15. 19 H. 7.24. 2, 3 E. 6.25. Page 99, 100
Succession; the lawful succession of King James acknowledged, 1 Jac. 1. Page 110
Streats, what, and who may sell them, 11 H. 6.9. Page 155
Statutes, the execution thereof to whom committed, 3 H. 7.1. 21 H. 8.20. Page 214
Salmons, when they may be taken, and when not, West. 2.17. 13 E. 1. Page 237
Statutes Merchant, and of the Staple, when and where to be entred, 27 El. 4. Page 259
Snow; the punishment for tracing, &c. a Hare in the snow, 14, 15 H. 8.10. Page 289, 290
[Page]Servants, who shall be compelled to serve, and for what wages, and their punishment for failing therein, 5 El. 4. 1 Jac. 6. pag. 321, ad 327
Severn, no man may be disturbed in the River of Severn, 9 H. 6.5. 19 H. 7.18. 23 H. 8.12. 26 H. 8.5. 34 & 35 H. 8.9. Page 413, 414, 501
Shooting, Parents and Masters are to breed their Sons and Male-servants to shooting, 33 H. 8.9. Page 425
Sheriffs, by whom to be nominated, 21 H. 8.20. Page 438, 511, 512
How they shall be punished, for not executing, ill executing, or not returning Writs delivered to them, West. 2.39. 12 E. 2.5. 2 E. 3.5. Page 428, 483, 485
Safe Conducts, the nature thereof, and when good, and to whom, and for what, Page 495
St. Johns; Corporations of St. Johns of Jerusalem dissolved, and why, and how their Revenues are disposed, 32 H. 8.24. Page 495, 496
Sea, to be open to Merchants, 18 E. 3. Stat. 1.3. ibid.
Sergeants of Arms, their duty and number, 13 R. 2.6. ibid.
Scarborough, an Incorporation there, and for what use, 37 H. 8.14. Page 496
Seals, what seals shall be used to Writs, Art. super Cart. cap. 6. 11 R. 2.10. 4 H. 7.14. ibid.
Service and Sacraments, none may use contempt against the most holy Sacrament, 1 E. 6.1. ibid.
Service, the form thereof setled, and none may abuse the same by words, &c. 1, 2, 3 E. 6.1. 1 M. Sess. 2. cap. 3. 1 El. 1.2. 3 Jac. 1. Page 496, ad 501
Sewers, who shall grant Commissions of Sewers, and who may be Commissioners, how far their power will extend, 6 H. 6.5. 8 H. 6.3. 23 H. 6.9. 23 H. 8.5. 25 H. 8.10. 1 M. Parl. 2. c. 11. 13 El. 9. 3 Jac. 14. 12 Car. [Page]2. cap. 6. Page 501, ad 510
Sheep may not be transported, 3 H. 6.2. how many one man at one time may keep, 25 H. 8.13. 8 El. 3. pag. 510, 511
Sheriffs, their duty, and who may be a Sheriff, &c. 4 E. 3.9, 10, 15. 5 E. 3.4. 14 E. 3.7.9. 1 R. 2.11. 1 H. 5.4. 23 H. 6.8. 1 E. 4.2. 12 E. 4.1. 11 H. 7.15. 35 Hen. 8.16. 2, 3 Ed. 6.4.34. 8 Eliz. 16. 27 El. 7.12. 29 Eliz. 4. 43 El. 6. 21 Jac. 5. 14 Car. 2. cap. 21. Page 513, ad 523
Ships, when forfeited, 38 E. 3.8. English Bottoms onely to export and import commodities, 5 R. 2.3. 14 R. 2.6. 4 H. 4.20. 4 H. 7.10. 8 El. 3. 1 Jac. 24. 12 Car. 2. cap. 14, 18. Page 524, ad 533
Silk, what kind thereof may not be imported, 19 H. 7.21. Page 533
Spice, must all be garbled, 19 Jac. 19. Page 53 [...]
Spiritual Laws, what and whom they principally concern, 13 El. 12. Page 534, 535
Stanes, Bridge there to be maintained, and by whom, 1 H. 8.9. Page 536
Staple, where the Staples shall be kept, and the power of the Officers thereof, Stat. Stap. cap. 1, 4, 5, 6, 7, 8, 9, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 28. 36 E. 3.7. 38 E. 3.1, 7. 14 R. 2.1. 10 H. 6.1. Page 536, ad 542
Surveyors, what they are to do, Extenta Manerii, 4 Ed. 1. Page 543
Suit, who shall be forced to do suit, &c. Marlb. 9. 52 H. 3. Page 543, 544
Swans, who may keep Swans, 22 E. 4.6. Page 544
Swearing and Cursing, the punishment thereof, 21 Jac. 20. ibid.
Shipmoney, unlawful, 16, 17 Car. 14. Page 547
Statutes made at Oxford, 17 Car. 2. pa. 682. ad finem.

[Page]

TRuce, Conservator of the Truce, who, where resident, and his power, 2 H. 5.6. 14 E. 4.4. Page 50, 51
Trees in Church-yards not to be cut down, 35 E 1. Page 73
Tanner, who may be a Tanner, and who not, 1 Jac. 22. must not hasten the tanning of his Leather, or sell ill tanned Leather, Page 89, ad 94
Treason, what is made treason, and the punishment thereof, 23 El. 1. 3 Jac. 4. 25 E. 3.5.2. 33 H. 8.20. 1 E. 6.12. 5, 6 E. 6.11. 5 El. 11. 18 Eliz. 1. 13 Car. 2.1. Page 213, 214, 560, ad 565
Tenths, by whom payable, and the forfeitures for non-payment, 27 H. 8.8. 32 H. 8.22, 47. 34 & 35 H. 8.17. 2, 3 E. 6.20. 7 E. 6.4. 1 Eliz. 4. Page 232, ad 236
Testaments, Probats thereof, how to be obtained, and the fees thereof, 31 E. 3.4. 21 H. 8.15. Page 441, 442
Transportation, what goods, and of what kinds may be imported or exported, and by whom, 32 H. 8.14. 1 El. 13. 5 Eliz. 5. 13 El. 11. 39 El. 10. 1 Jac. 24. 12 Car. 2. cap. 18. Page 525, ad 533
Tail; Estate tail, what, and how setled, West. 2.1, 13 E. 1. 32 H. 8.36. Page 545
Taxes. No new Taxes shall be taken, 25 E. 1. de Tallagio non concedendo, cap. 1. Temp. E. 1. 1 E. 3. Stat. 2. cap. 6. 9 H. 4.7. 1 R. 3.2. 17 H, 7.8. 16, 17 Car. 2. c. 1. Page 546, 547
Tenure, Feoffee shall hold feoffors Land by the same services as before, Quia emptores terrarum, 18 E. 1. Page 547
Where tenure is from the King in chief, what shall be done upon alienation, or otherwise, 1 Ed. 3. Stat. 2.12, 13. Page 547, 548
Where Lands fall to the King for Treason, what shall be the tenure afterwards, 7 Ed. 4.5. The King may reserve [Page]what tenure he pleaseth, 35 H. 8.14. what shall be Soccage, or Burgage tenure, 37 H. 8.20. 1 E. 6.4. Page 548, 549
Tiles, Tile-earth, when it shall be cast up: Tiles, their several sorts, names, and bignesses, 17 E. 4.4. Page 549, 550
Tindale, Ridesdale, &c. offenders there being outlawed, shall be taken, and their Lands seized, 2 H. 5.5. 9 H. 5.7. 11 H. 7.9. Page 550
Tythes, who shall pay them, of what, to whom, how they shall be recovered, and the penalty for non payment, 5 H. 4.11. 27 H. 8.20. 28 H. 8.11. 32 H. 7. 37 H. 8.12. 2, 3 E. 6.13. Page 251, ad 255
Tobacco; None to be planted in England, and the punishment of such as plant it, 12 Car. cap. 34. Page 555
Toll. The punishment of taking excessive Toll, West. 1.30. 3 E. 1. 18 E. 2. Page 555, 556
Towns, several Statutes for repairing divers Towns, 27 H. 8.1. 32 H. 8.18. 33 H. 8.36. 35 H. 8.4. Page 556, 557
Trade. Tillage encouraged, 15 Car. 2. c. 5. Stat. 3. Page 557, ad 560
Trespasse; what shall be a trespass, and where it may be sued, Glocester, cap. 8. 6 E. 1. what may be pleaded to avoid a Trespass, 21 Jac. 16. Pars inde. p. 565, 566, 567
Triall, where an Inquest shall be taken, though the witnesses appear not, 9 E. 3. Stat. 1. c. p. 4. An Inquest, de Medietate linguae, where, 8 H. 6.29. Page 567
Felons, Murders, and Robberies, where to be tryed, and nothing to be pleaded in barr, 4 H. 8.2. 27 H. 8.4. 33 H. 8.12, 23. 2, 3 E. 6.24. Page 567, ad 570

[Page]

UTlary and Exigent, where a person outlawed, shall not be pardoned, unless, &c. 5 E. 3.12, 13. against whom Exigents shall be awarded, et contra, 18 E. 3. Stat. 1. Stat. 2, 5. Page 216, 217
Proclamation must be before Utlary had, and where, 6 H. 8.4. 1 E. 6.10. 5 & 6 E. 6.26. 31 El. 3. Page 217, 218
Use and Uses, land or goods given to Pious and Charitable Uses, how to be inquired of, if mis-imployed, 39 Eliz. 6. 43 El. 4. Page 287, 288
Usurpations upon the King, or Purprestures shall be re-seised, Stat. de Bigamis 4 E. 1. Page 449
Vacations, who shall have the Patronage of Abbeys or Bishopricks during their vacation, Mag. Carta 33. Stat. pro Clero 4. 14 E. 3. pro Clero 5. Page 570
Vagabonds, Rogues, &c. Houses of Correction to be built for their punishment, who take the care thereof, 39 El. 4. who shall be judged a Vagabond, 39 El. 17. and how they shall be punished, 1 Jac. 7. 7 Jac. 4. pag. 571, ad 576
Victuallers, Inholders, &c. who may sell Wine or Victuals, at what prices, by what licence, 12 E. 3.26. 23 E. 3.6. 31 E. 3.10. 6 R. 2.10. 7 R. 2.11. 13 R. 2.8. 23 H. 6.13. 12 E. 4.8. 3 H. 8.8. 25 H. 8.2. 2, 3 E. 6.15. 1, 2 P. M. 5. 21 Jac. 21 Page 576, ad 580
View; where a view of Land shall be granted, where not, West. 2.48. Stat. de visu terrae et Essoyn de Servitio Domini Regis, 12 E. 2. Page 580
No Victualler shall exercise any Judicial Office, 6 R. 2. Stat. 1.9. Page 577
Villenage, where the Lord may seize his Villain, when exception of cognizance of villenage shall not make the Writ [Page]abate, Stat. of Purveyors, cap. 18. 25 E. 3. 38 E. 3.17. 9 R. 2.2. Page 580, 581
Union, who may unite or consolidate Churches, 37 H. 8.21. Several Churches united, 1 E. 6.9. 1 M. Parl. 1.14. Page 581
Universities, the two Universities of Oxford and Cambridg, are free from purveyance of all sorts, and the punishment of such as incroach upon them, 2, 3 P. M. 15. 13 El. 21. Page 582, 583
Voucher, who shall be allowed to vouch to Warranty, and where such vouching is good, Marlb. 29. 52 H. 3. West. 1.39. Glocester 12. 6 E. 1. West. 1.6. Stat. of Vouchers, 20 E. 1. 14 E. 3.18. Page 583, 584, 585
Upholsters, what is an Upholster, what goods he shall sell, and of what stuff, and the punishment for faultiness therein, 11 H. 7.19. 5, 6 E. 6.23. Page 585
Uses, where Deeds made to uses are good, and where not, and several cases therein, 1 R. 3.1. 1 H. 7.1. 3 H. 7.4. 19 H. 7.15. 27 H. 8.10. Page 585, ad 588
Usury, what shall be accounted usury, and the punishments laid upon Usurers, 37 H. 8.9. 13 Eliz. 8. 21 Jac. 17. Page 588, 589

VVOrsted, the makers thereof, how many Apprentices they may keep, 12 H. 7.1. p. 22
Witchcraft, what, and how punishable, 1 Jac. 12. Page 84
Wooll, the Custome thereof, 14 E. 3.21. 20 H. 6.4. 11 H. 7.6. None may sell woollen cloth but in Fairs, not dwelling in a Corporation, 1, 2 P. M. 7. Page 132, 133, 134, 556
Waste; no Waste shall be made pendente lite, Glocest. 13. 6 E. 1. Page 203
[Page]Weare, none shall erect a Weare, &c. or destroy the fry of fish, 3 Jac. 12. Page 241, 624, 625, 626
Wight, Isle, who shall hold Farms there, 4 H. 7.16. Page 292
Water-men, their company erected, their orders, who may be one, and who not, and what boats they shall use, 2, 3 P. M. 16. 1 Jac. 16. Page 414, 415
Watch and Wards; what Watches shall be kept in great Towns, and otherwhere, Stat. Winchester, cap. 4.6. 5 H. 4.3. Page 489, 623
Wayes; High-wayes, leading to Markets, their breadth, Stat. Winchester, cap. 5. Page 489
Wager of Law, what it is, who shall be put to it, and how, Magna Charta 28. 38 E. 3.5. 5 H. 4.8. Page 589
Wales united to England, Statuta Walliae, 12 E. 1. So all Lords of the Marches of Wales, 28 E. 3.2. Thieves there how to be punished, 9 H. 4.4. the punishment of a Welshman that takes an Englishman prisoner, 2 H. 5. Stat. 2, 5. 27 H. 8.26. 18 El. 8. 27 El 9. Page 590, ad 612
Who shail appear at Courts there, and how the Jurors shall be dealt with, 26 H. 8.4, 6. all persons shall pass quietly through Wales. 27 H. 8.7. the division of Wales into Counties, &c. 27 H. 8.26. 34, 35 H. 8.26. Page 590, ad 610
Justices of the Circuits in Wales, by whom to be appointed, 18 Eliz. 8. the proceedings there, 27 El. 9. Page 610, 611, 612
Walsingham made Copyhold, 35 H. 8.13. Page 612
Wapping-Marsh, Partition thereof, 35 H. 8.9. Page 612
Wards, who shall be a Ward, where the King shall have a Wardship, and where not, Magna Charta 3.6.27. Ward may not marry without licence, Merton 6.7. 20 H. 3. Page 613
[Page]Severall customs of Wardship, Merton 7. Marlb. 7.17. West. 1.21, 22. West. 2.35. Stat. of Wards and reliefs, 28 E. 1. Praerog. Reg. 1.2.6. 14 E. 3. Stat. 1.13. 39 H. 6.2. 4 H. 7.17. 32 H. 8.46. 33 H. 8.22. 18 El. 13. Page 613, ad 619
Wares; several wares that being ready wrought may not be imported, 5 Eliz. 7. Page 619
Warranty, who bound thereto, Stat. of Bigamy 6. 4 E. 1. Glocester 3. 6 E. 1. ibid.
Warr, those who follow the King in his Warrs, are to be paid by him, and who are bound to follow him, 1 Ed. 3.7. 18 Edw. 3.7. 25 Edw. 3. Stat. 5.8. 4 H. 4.13. 11 H. 7.18. 16, 17 Car. 2. cap. 3,, 4, 5, 9, 13. Page 620, 621
Waste, what shall be accounted Waste, and how amends shall be made for the same, Magna Charta, 4, 5. Marlb. 23. Glocester 5, 6. West. 2.14, 22. Statute of Waste, Artic. super Cart. 11 H. 65. p. 621, 622
Wax, who may be a Wax-Chandler, and how he must sell his ware, without deceitful mixture, and after search, 11 H. 6.12. 23 Eliz. 8. Page 623, 624
Weights and Measures, must be one through England, Magna Charta 25. Assisa Panis & Cervitiae, 41 H. 3. a Table thereof, 25 Edw. 3.9, 10. Stat. Stap. 27. 13 R. 2.9. 15 R. 2.4. 16 R. 2.3. 1 Hen. 5.10. 8 Hen. 6.5. 7 Hen. 7.4. 11 Hen. 7.4. pag. 628, 638
White ashes, not to be Exported, 2, 3 E. 6.26. pag. 638
Whitegate in Cheshire made a Parish Church, 33 H. 8.32. Page 639
Wilde-fowl, may not be destroyed, 25 H. 8.11. ibid.
[Page]Wills, who may make a Will, and what may be devised therein, Merton 2. 32 H. 8.1. 34, 35 H. 8.5. Page 639, ad 644
Wines; All Wines must be sold by the assize, and at a reasonable rate, Glocest. 15. 4 E. 3.12. Page 644
None may forestall Wines, &c. 27 E. 3. Stat. 1. cap. 3, 6, 7. 38 E. 3.11. Page 645
Who shall set the prices of Wines, 28 H. 8.14. 37 H. 8.23. Page 645, 646
Who may sell Wines, and by what Licence, 7 Ed. 6.5. and how many must be licenced in England, 12 Car. 2. cap. 15. Page 645, 646, 647
Witness, how a witness shall be forced to appear, and the penalty for non-appearance, 12 E. 2.2. 5 El. 9. Page 648, 649
Wood; Woods and Under-woods, at what age they shall be felled, and what left, 35 H. 8.17. Page 649, 650
What wood may be converted to fuel, for the making of Iron, 1 El. 15. 13 El. 25. 23 Eliz. 5. 27 El. 19. 15 Car. 2. cap. 2. Stat. 3. Page 651, ad 654
Wood, who may buy, sell, or transport Wooll, 28 Ed. 3. Stat. 2, 3. Stat. Stap. cap. 12. 31 E. 3.2, 8, 9. 36 E. 3.11. 45 E. 3.4. 13 R. 2.9. 8 H. 6.22. 14 Hen. 6.5. 23 H. 8.17. 37 H. 8.15. 1 Ed. 6.6. 2, 3 P. M. 13. 12 Car. 2. cap. 32. Page 654, ad 658
Widow, what she shall have after her husbands death, Magna Charta 7. Praerog. Reg. 4. 17 Ed. 2. pag. 658
Woman; the punishment of those that cheat or steal a Woman or Maid, and their relief, 31 H. 6.9. 4, 5 P. M. 8. Page 677, 678
Worsted-Weavers may choose Wardens, and when, and what power they have to search the lengths, &c. of every Piece, and how it shall be wrougbt, 7 E. 4.1. 11 H. 7.11. [Page]5 H. 8.4. 14, 15 H. 8.3. 25 H. 8.5. May take Apprentices, and how many, 12 H. 7.1. pag. 22, 678, 679, 680
Wreck; what shall be a Wreck, and who shall have it, West. 14. 3 Edw. 1. Praerog. Reg. 11. 17 Edw. 2. Page 680
Writs, and abatement of Writs; where and when they shall abate, West. 2.24, 49. 6 R. 2. Stat. 1, 2. p. 680, 681

YArn, not to be Exported, 8 H. 6.23. Page 681
York, Letters Patents to Citizens, there to exempt them from Office, shall be void, 29 H. 6.3. ibid.
Coverlets may be made in York, and must be sold there only, 34, 35 H. 8.10. ibid.

[Page]

[Page 1]

AN EXACT ABRIDGMENT OF ALL STATUTES
In Force and Ʋse untill the Second of March in the 17^th Year of King Charles II. An. Do. 1664.

Ability, and Non-ability.

I. Stat. ARticuli Cleri, Cap. 13. Anno 9 E. 2. The examination of a person presented to a Benefice belongeth to the Ecclesiastical Judge.
II. Stat. 25 E. 3. Stat. 2. De natis ultra mare. The King's children are inheritable in England, wheresoever born.
III. Subjects children (born beyond Sea) are also inheritable, so that their parents at the time of their birth were within the King's Allegiance, and that the mother went beyond sea with her husband's consent.
IV. If Bastardy be alledged against any born beyond Sea, the Certificate shall be made by the Bishop of the place where the land demanded lieth.
V. Stat. 42 E. 3.10. Children born beyond Sea in the King's Dominions shall be inheritable in England.
VI. Stat. 31 H. 8.6. Religious pesions professed in Corporations feised by the King shall be enabled to inherit, purchase, sue and to [Page 2]be sued, and also to have and enjoy any matter or thing which shall accrue unto them since their deraignment, but shall not sue for any former right descended unto them.
VII. Religious persons being Priests, or that have vowed Religion at 21 years of age, shall not marry.
VIII. Stat. 33 H. 8.29. Religious persons professed in Corporations, translated from one kind to another, shall be enabled to inherit, purchase, sue, and be sued, &c. as well as in those seised by the King.
IX. Stat. 5. 6 E. 6.13. Religious persons shall be adjudged inheritable to their Ancestors onely from the time of their deraignment, but not by reason of any former right accrued before such deraignment.
X. Stat. 16, 17 Car. 27. An Act for disabling all persons in holy Orders to exercise any temporal jurisdiction or authority. Repealed 13 Car. 2. ca. 2.

Accounts.

I. Stat. Marlebridge, Cap. 23. 52 H. 3. Bailiffs of Lords who withdraw themselves from accounting, and have not whereof to be distrained, shall be attached by the Sheriff, and made to account.
II. Stat. West. 2. Cap. 11. 13 E. 1. Servants, Bailiffs, or other Accountants, that are found in arrearages by Auditors assigned by their Masters, upon the testimony of the same Auditors shall be committed to the next Gaol, and there remain in iron under safe custody at their own costs, until they shall have satisfied their Masters.
III. Here, if the Accountant finde himself aggrieved by the Auditors, he may appeal to the Barons of the Exchequer, and then the Sheriff shall give notice to his Master to attend the Barons at a certain day with the Account, where the Barons, or Auditors by them assigned, shall rehearse the Account, and doe justice therein: But if then also the Accountant shall be found in arrear, he shall be committed to the Fleet.
IV. If he flie, or will not account, a Distringas shall issue out against him, to cause him to appear before the Justices to account, and upon appearance, Auditors shall be assigned him, by whom if he be found in arrear, and not able to pay, he shall be committed to the Gaol, as aforesaid. But if he flie, and the Sheriff return thereupon Non est inventus, after exigent, he shall be outlawed, and then being taken, he shall not be repleviable without the Master's consent, in [Page 3]pain that the Sheriff, Gaoler, or, &c. who doth so bail him (being thereupon convict) shall answer the Master his dammages; and if an inferiour Officer, who so doth, be not responsible, Respondeat superior.
* V. Stat. 6 H. 4.3. Immediately after the Sheriffs, Escheators, Aulnagers, Customers, Controllers, and other the King's Officers, shall have accounted in the Exchequer, Commissions shall be sent down to enquire of their Accounts; and if fraud shall be found therein, they shall incur the penalty of treble dammages to the King, and shall suffer imprisonment, not to be enlarged until they have made Fine at the discretion of the Judges.
VI. Stat. 1 R. 3.14. Accountants for dismes (granted by the Clergy of the Provinces of Canterbury or York) are not chargeable to answer other mens suits in the Exchequer, (by reason of their appearance there to account) save onely for such things as concern their Account: howbeit they may be sued in any other Court, notwithstanding such priviledge of being Accountants.
VII. Stat. 13 Car. 2. ca. 3. All moneys, goods, Plate, Jewels, Horses, Armes, Ammunition and other things whatsoever, levied or taken since the 30^th of January 1642. by any persons, by colour of any late pretended Authority, and all Bonds and Securities for the same not pardoned by the Act of Oblivion, are declared to be vested in the King, his Heirs and Successors, who may demand, sue for and have the same.
VIII. All persons, their heirs, executors, &c. who have received any such money for publick uses, and particularly the Revenues of Churches in Wales, or County of Monmouth, since 1648. shall be accountable for the same: and his Majesty, his Heirs, &c. may issue forth Commissions under the great Seal, or Seal of Exchequer, for discovering and levying the same: and all persons accountable to his Majesty, shall have power to levy or sue for arrears in the hands of others.
IX. None shall be liable as aforesaid, unless they be called to account by information in the Exchequer, or other Courts appointed, before the 24 of June 1662. and prosecuted with effect within 12 months after the exhibiting thereof.
X. Stat. 14 Car. 2. ca. 14. All Collectors, Treasurers, Receivers, Officers of Ships, Mariners, and other persons whatsoever, that have received or had any Prizes, Ships, Plate, Bullion, Armes, Merchandises, or any manner of goods taken for prize since the 30 of January 1642. (and have not accounted for them) and all such as have bought the same, and not paid the money for them, shall [Page 4]be chargeable to his Majesty, and sued and called to account for the same in the Court of Admiralty, and sentenced and execution there accordingly. All rights (during the Reign of the late King or his Majesty) belonging to the Lord Admiral or Lord Ward. of the Cinque-Ports, usurped or seised since 1648. by any persons or Body politick, and not pardoned, shall be accompted for to his Highness James Duke of York, Lord Admiral, and sued for in the Court of Admiralty. Provided in cases of defect of Jurisdiction in the Admiralty Court, the Court of Exchequer, upon Certificate from the Court of Admiralty, may proceed for recovery and levying the said prizes and goods.
XI. Stat. 13 Car. 2. ca. 13. All money from any persons due upon the Imposition, called Excise, upon Ale, Beer or other Commodities, heretofore by any Law or pretended Ordinances, and all debts owing by obligation or account from farmers of Excise or others, and all securities for the same not pardoned, are vested in the King and his Heirs, and may be sued for and recovered against the persons, their heirs, executors, &c. having Assetts, according to the Stat. of 33 H. 8. Provided, All persons accountable upon this Act have such allowances, as persons whose Accounts are excepted in the Act of General Pardon and Oblivion ought to have; and no person to be questioned unless he be sued before the 25 Decem. 1662.
XII. All persons accountable by this Act, may levy and sue for Arrears against all such persons as stand indebted unto them for any Impost or Excise, as they might have received and levied the same when they first grew due. See Stat. 14 Car. 2. ca. 16. for speedy bringing to Account persons not excepted in the Act of General Pardon.

Accusations.

I. Magna Charta. 29 9 H. 3. No free man shall be taken, imprisoned, disseised, outlawed, exiled, or otherwayes destroyed or condemned, without trial by his Peers or the Law: Justice or right shall not be sold, denied, or deferred to any.
II. Stat. 5 E. 3.9. None shall be attached upon any accusation, nor fore-judged of life or limm, nor his Lands or Tenements, Goods or Chattels seised into the King's hands, against the form of the great Charter, and the Law of the Land.
III. Stat. 25 E. 3.4. Stat. 5. None shall be apprehended upon [Page 5]Petition or suggestion made to the King or his Council, unless by indictment or presentment of lawful men, or by process at the Common Law.
IV. None shall be outed of his Franchises or Free-hold, but by way of Law; and if any thing be done against the same, it shall be redressed, and holden for none.
V. Stat. 28 E. 3.3. None shall be put from his Land or Tenement, imprisoned, disinherited, or put to death, without being brought in to answer by due process of Law.
* VI. Stat. 37 E. 3.18. Promoters of suggestions to the King shall finde surety before the Chancellor, Treasurer, and the King's Great Council, to pursue their suggestions, and to incur the pain which the accused should suffer, in case the suggestion hold not: And then process shall issue out against the accused, without being taken or imprisoned against the form of the great Charter.
* VII. Stat. 38 E. 3.9. If the promoter of a suggestion cannot make it good, he shall be imprisoned, until he satisfie the party grieved his Dammages, and shall also make fine to the King.
VIII. The clause of the 37 E. 3.18. for incurring the like pain, shall be taken away.
IX. Stat. 42 E. 3.3. None shall be put to answer an accusation to the King without presentment, or some matter of Record; and what is done otherwise shall be void, and holden for errour.
X. Stat. 17 R. 2.6. Upon an untrue suggestion made against any in the Chancery, the Chancellor may award dammages.
XI. Stat. 15 H. 6.4. None shall sue forth a Subpoena, until he finde surety to satisfie the Defendant his dammages and costs, in case he do not verifie his Bill.

Actions popular.

☞ I. Stat. 4 H. 7. ca. 20. Recovery in an Action popular by Covin, shall be no bar in an Action sued for the same thing bonâ fide.
II. Here the Defendant attainted of Collusion shall suffer two years imprisonment, to be prosecuted within one year.
III. No release of a common person shall in this case discharge an Action popular.
IV. Yet no Collusion is in this case averrable, where the point of the same Action or the Collusion it self hath been tried by Verdict.
☞ V. Stat. 31 El. 5. Informers heretofore restrained by [Page 6]order of any Court shall not pursue Actions popular.
VI. In popular Actions the offence shall be laid to be done in the County where indeed it was done, otherwise, if the Defendant traverse and disprove that point, the Plaintiff shall be barred.
VII. This Act doth not restrain Officers which have lawfully used to exhibit informations, nor Actions brought for champerty, buying of Titles, extortion, offences against the Statute of 1 El. 11. (concerning the right landing of Merchandise and custom of sweet wines) concealing of customs, &c. corrupt usury, forestalling, regrating or ingrossing, when the penalty shall amount to 20 l. or above: For in all these cases the offence may be laid in any County.
* VIII. Popular Actions, where the King onely hath the forfeiture, shall be commenced within two years; where he hath onely a part, and the Informer the rest, within one year: but this is to be understood, where a shorter time is not limited by any Statute.
* IX. All suits for using unlawful Games, or any Art or Mystery without being brought up in it, and for not having Bows and Arrows according to the Statute, shall be prosecuted at the Assises or Sessions of the County, or at the Leer, within which the offence was committed, and not elsewhere.
☞ * X. Stat. 21 Jac. 4. Actions popular, which may be presented before Justices of Assise, Nisi prius, G. D. Oyer and Terminer, or of P. shall be prosecuted onely in the Counties where the offences were committed, except for Recusancy, Maintenance, Champerty, buying of Titles, concealing of customs, &c. or transporting of gold, silver, munition, wool, woolfels, or leather.
XI. Upon default of proving that the offence was committed in the same County, the Defendant shall be found not guilty.
XII. The Informer shall make oath that the offence was committed in the same County where the Action is laid, and within one year before the suit commenced.
* XIII. The Defendant in a popular Action may plead the general issue, and yet give special matter in evidence.

Addition.

I. Stat. 1 H. 5.5. In Original Writs, where Exigent shall be awarded, Additions of the Defendants condition and dwelling shall be inserted.
II. Outlawries otherwise prosecuted, shall be void.
III. Surplusage of Additions shall not prejudice, albeit the Writ [Page 7]do therein vary from the Records and Deeds.
IV. The Clerks of the Chancery shall not omit such Additions, in pain to be fined at the discretion of the Chancellor.

Adjournment.

I. Stat. 2 E. 3.11. The Common Bench shall not be removed without warning by adjournment.

Admeasurement of Dower.

I. Stat. West. 2. cap. 7. 13 E. 1. A Guardian shall have a Writ of Admeasurement of Dower, yet the heir (at full age) shall not be barred by that suit, in case it be prosecuted by Collusion.
II. When it comes to the great distress, daies shall be given, within which two Counties may be holden, where Proclamation shall be made for the defendant to come in at the day contained in the Writ; at which if the Defendant appear, the plea shall proceed; but if not, upon the Proclamation returned by the Sheriff, and the Defendant's default, Admeasurement shall be made.

Admeasurement of Pasture.

I. West. 2. cap. 8. 13 E. 1. Upon a second overcharge of Pasture, if the Pasture were admeasured before the Justices, the remedy shall be by Writ judicial, returnable before the Justices under the seals of the Sheriff and Jurors: and then the Justices shall award dammages to the Plaintiff, and shall estreat into the Exchequer the value of the beasts (wherewith the pasture was so overcharged) to be answered to the King.
II. If the admeasurement were made in the County, the Sheriff by a Chancery-writ shall enquire of the Surcharge, and value of the beasts, and shall answer the same to the King in the Exchequer.
III. To prevent fraud in the Sheriff, all such Writs de secunda superoneratione shall be enrolled, and also at the years end transcribed in the Exchequer; and so likewise shall Writs of Redisseisin.

Administrators.

I. Stat. 31 E. 3.11. The Ordinaries shall depute the next [Page 8]and most lawful friends of the Intestate to administer his goods, which deputies shall have the benefit, and incurr the charge of an Executor, and shall also be accountable to the Ordinaries as Executors.
II. Stat. 21 H. 8. ca. 5. Administration of Intestates goods shall be granted to the Widow, or next of kin to the Intestate, or both, as the Ordinary shall think fit.

* See what Fees onely ought to be paid for Probate of Wills, and obtaining Administrations, and upon what penalties upon exaction, pòst, Title Probate of Testaments.

Admiralty.

I. Stat. 13 R. 2.5. The Admirals or their Deputies shall not meddle with any thing done within the Realm, but onely upon the Sea.
II. Stat. 15 R. 2.3. The Admiral's Court shall not have Cognisance of any thing done within the bodies of Counties, as well by land as by water, nor with wrecks of the Sea.
III. Of the death of a man and of a maihem done in great ships hovering in the main stream of great Rivers (beneath the bridges near the Sea) the Admiral shall have Cognisance, and likewise to arrest ships in great Fleets, for the great voiages of the King and Kingdom; and shall also have jurisdiction in such Fleets during such voiages: Saving to the King his forfeitures, and to Lords, Cities and Boroughs their liberties and Franchises.
IV. Stat. 2 H. 4.11. The Statute of 13 R. 2.5. is confirmed.
V. The party grieved by the non-observance of that Statute, shall (by Action upon his Case) recover double dammages against the Prosecutor in the Admiralty; and the Prosecutor shall also forfeit ten pounds to the King, being thereof attainted.
VI. Stat. 8 El. 5. A sentence definitive in a civil and Marine cause by delegates appointed by Commission (upon an appeal duly made in the Chancery) shall be final.

Advouson.

I. West. 2. cap. 5. 13 E. 1. Usurpation of Churches during Wardship, particular estates, Coverture, or Vacancy, shall not bar the heir at full age, the reversioner or remainder in possession, the feme discovert, or the spiritual person in succession, from having the [Page 9]Writ of Advouson possessory, viz. Quare impedit, or an Assise o Darreine presentment, as their ancestor or Predecessor might have had, if the Usurpation had happened in their time; whereas before this Act they were (in such cases) put to their Writ of right of Advouson.
II. Howbeit this Act shall not extend to annull judgments already given, but they shall be reversed by Error or Attaint.
III. One and the same form of pleading shall be used in Darreine presentment, and Quare imped t;viz. if the Defendant alledgeth plenarty of his own presentation, the plea shall not stay by reason of the plenarty, so as the Writ be purchased within the six moneths, albeit he cannot recover within that time.
IV. Where partition is made upon record or by fine to present by turn, the Copercener that is disturbed shall not be put to a Quare impedit, but may have remedy upon the Roll or fine by Scire facias.
V. When six moneths pass hanging a Quare impedit or Darrein presentment, so that the Bishop presents by Lapse, the Patron shall recover dammages to two years value of the Church; otherwise dammages onely to half a years value.
VI. The disturber not being able to render dammages, shall in the first case have imprisonment of two years, and in the other of half a year.
VII. Writs also shall hereafter be granted for Chappels, Prebends, Vicarages, Hospitals, Abbeys, Priories, and other Houses, which be of the Advousons of other men.
VIII. When the Parson of a Church is disturbed to demand Tithes in the next Parish by Indicavit, the Patron shall have a Writ to demand the Advouson of those Tithes, and when it is deraigned, then shall the Plea pass in the Court Christian.
IX. Amongst Coperceners, if one present twice together, yet shall not the other be barred, but have his or her turn when it falleth.
X. Prero. Reg. cap. 8. 17 E. 2. Lapse of six moneths shall not prejudice the King's Presentation to a Church.
XI. Stat. de Clero, cap. 3. 23 E. 5. When the King collates to the Church in anothers right, his Title shall be well examined, and the Patron grieved shall have as many Writs thereupon as shall be needful.
XII. Stat. de Clero, cap. 7. 23 E. 3. When the Ordinary presents by Lapse, and the King takes the suit against the Patron, who in deceit suffers the King to recover; in this case, when the King's [Page 10]right is not tried, the Ordinary or Incumbent may counterplead the King's Title.

Age.

I. West. 1. cap. 46. 3 E. 1. If a Writ of Novel disseisin be purchased, and the Disseisor die before the Assise be passed, the Plaintiff shall have a Writ of Entry sur disseisin against his heir: The like Writ shall the heir of the disseisee have, in case he die, &c.
II. And here Nonage of the heir of the disseisor or disseisee shall not prejudice in Assise.
III. If the inquest pass against the heir of the disseisee, he shall have an Attaint gratis.
IV. Stat. of Glocester, Cap. 2. 6 E. 1. where an Infant is held from his inheritance, whereby he is driven to his Writ, the Inquest shall pass, notwithstanding his Nonage.
V. An Exposition of the Statute of Glocester, Cap. 2. 6 E. 1. Touching an Inquest to be made for an Infant, that Statute shall run without limitation of time,
VI. Stat. West. 2. cap. 40. 13 E. 1. The suit of a woman or her heir after the death of her husband shall not be delayed by the Minority of the heir, who ought to warrant the Land.

Aid of the King.

I. Stat. de Bigamis, Cap. 1. 4 E. 1. Where a feoffment with a Charter thereupon being made by the King hath so much in it, that another person by a like feoffment; and like Deed, should be bound to warranty, the heir shall have Aid, and the Justices shall not proceed without the King's Commandment.
II. Ibidem, Cap. 2. But where the King onely confirmeth or ratifieth anothers Act in another mans thing, or granteth any thing to a man as much as in him is, or where a Deed is shewed, whereby the King hath rendered any Tenement, and no clause of warranty is contained therein: In these and like cases (the same being shewed to the King) the Justices may proceed, and the Tenant shall not have aid.
III. Ibidem, Cap. 3. In Dower, the King's Grantee of a Ward shall not have Aid, but the Justices may proceed according to right.
IV. Stat. 14 E. 3.14. Stat. 1. Upon demand of Lands in the King's hands, after four Writs of search directed to the Treasurer [Page 11]and Chamberlains of the Exchequer, for finding the King's Minuments, he that defends the lands for the King shall be put to answer, so that the said Writs were delivered 40 daies before their return, and then Justice shall not be delayed, albeit the contrary be commanded under the Great or Privie Seal.

* Alehouses, Drunkenness.

I. Stat. 5 and 6 E. 6.25. None shall keep Alehouse without Licence granted either in Sess. or by two Justices, (1 Quo.) in pain of three daies imprisonment without bail, and not to be enlarged without Recognisance by himself and two sureties, that he shall not keep Alehouse any longer; the Certificate of which Recognisance and offence shall be a sufficient conviction at the Qu. Seff. to fine him 20 sh.
☞ II. The Qu. Seff. or two such Justices have power to put down Alehouses at their discretion, and to take Bond and surety of Alehouse-keepers by recognisance, that they shall not use unlawful Games or other disorder in their houses, for which Recognisance the parties bound shall pay 12 pence, and whereof Certificate shall be made at the next Qu. Seff. by the two Justices that take it, in pain of 5 Marks.
III. Justices of Peace have power to inquire after the breach of this last Recognisance, to award process thereupon, and to hear and determine the same at their discretions.
IV. This Act shall not restrain the selling of Ale and Beer in Towns where Fairs are kept, during the time of the Fair.
V. Stat. 1 Jac. 9. No Inn-keeper, Victualler, or Alehouse-keeper, shall suffer any Town-dwellers to sit tippling in his house, in pain of ten shillings; nor sell less then a full Ale-quart of the best Ale or Beer, or two quarts of the small, for one peny, in pain of 20 shillings: And here, the view of one Justice, or proof by two witnesses upon oath, before one Justice, is sufficient conviction.
VI. The penalties aforesaid are given to the poor of the Parish where the offence is committed, and are to be levied by the Constable and Church-wardens by distress, which after six days may be sold to satisfie the penalty: and in default of distress, the party delinquent must suffer imprisonment, till he pay the penalty.
VII. Here every Officer that neglects to levy the said penalties, or rectifie (within twenty daies) the default of distress, shall forfeit likewise to the poor forty shillings, to be levied (upon Warrants from one Justice) by distress and sale, as aforesaid; and [Page 12]upon default of distress, shall incur commitment as aforesaid.
VIII. The Officers, or other parties receiving these penalties, shall be accountable to the succeeding Officers and other parishioners.
☞ IX. Stat. 4 Jac. 4. None shall sell Ale or Beer to an unlicensed Alehouse-keeper, save onely for the expence of his houshold, in pain of 6 s. 8 d. for every barrel; and so more or less according to that proportion.
X. This offence shall be prosecuted in the Quarter Sessions, and the forfeiture shall be equally divided between the prosecutor and the poor of the Parish.
XI. The Officer that shall levy the poors moiety shall deliver it to the Church-wardens and Overseers of the Parish, or one of them, and they shall in convenient time make distribution thereof to the poor, in pain that both the Officer and they shall forfeit respectively double the value of that moiety, to be recovered and employed as aforesaid.
XII. Stat. 4 Jac. 5. One convicted of drunkenness in Court, or before a Judge or Justices in their several limits, shall forfeit five shillings to the poor, to be levied and imployed as the penalties of 1 Jac. 9. and in case he be not able to pay it, shall remain in the stocks six hours.
XIII. Here the Officer that neglects to levy the said penalty shall forfeit ten shillings to be levied and employed as aforesaid.
XIV. A Town-dweller which is convict to sit tipling in any Inn, Victualling-house, or Ale-house, by the view of one Justice, or the proof of two witnesses, shall forfeit ten groats, to be levied and employed as aforesaid, and being not found able to pay it, shall remain in the stocks four hours.
XV. These offences, as also those mentioned in 1 Jac. 9. shall be enquired of, heard and determined, at the Ass. Qu. Sess. in corporate Towns and in Leets.
XVI. One convicted the second time of drunkenness, shall be bound in ten pounds with two sureties to the good behaviour.
XVII. All Constables, Church-wardens, Headboroughs, Tithingmen, Aleconners, and Side-men, shall be charged on their Oaths to present the said offences.
XVIII. This Act shall not restrain Ecclesiastical jurisdiction, nor the two Universities.
XIX. None shall be twice punished for one offence.
XX. The offenders against this Act shall be prosecuted within six months.
[Page 13]XXI. Stat. 21 Jac. 10. An Alehouse-keeper lawfully convicted for any of the offences forbidden by the Statutes of 1 Jac. 9. or 4 Jac. 5. shall be disabled to keep Alehouse within three years after.
☞ XXII. Stat. 21 Jac. 7. One witness, or the parties own confession, shall be sufficient to prove the breach of 1 Jac. 9. and 4 Jac. 5. and the oath of the party confessing shall be sufficient to convince any other.
XXIII. The like view, proof, or confession, shall convince a drunkard, as well for the penalty of 5 s. as for the binding of him to the good behaviour, according to 4 Jac. 5.
XXIV. An Alehouse-keeper offending against 1 Jac. 9 or 4 Jac. 5. according to the alterations of this Act, is disabled to keep Alehouse within three years after.
XXV. All Constables, Church-wardens, Headboroughs, Tithingmen, Ale-conners, and Side-men, shall be charged on their oaths, to present the offences committed against 1 Jac. 9. and 4 Jac. 5. according to the Alterations of this Act.
XXVI. Stat. 1 Car. 4. The Inn-keeper, Alehouse-keeper, or Victualler, which suffers any person whatsoever to sit tipling in his house, shall incurr the penalty of 1 Jac. 9. to be proved, levied, and employed, as in that Statute is appointed.
XXVII. Vintners, which do also keep Inns or Victualling-houses, shall be taken to be within this Act; as also within the Statute of 1 Jac. 9. and 4 Jac. 4.
☞ XXVIII. Stat. 3 Car. 3. None shall keep Alehouse without license, in pain to forfeit 20 s. to the poor, which the Constable and Church-warden, (upon warrant from the Justice before whom the offence is proved) shall levy by distress, which (within three daies) may be sold to satisfie the penalty; and in case the delinquent hath not wherewithall, the said Justice shall commit him to the Constable, to be openly whipped: And here the view of one Justice, the confession of the party, or proof by two witnesses, is sufficient conviction.
XXIX. Here the Officer that neglects to execute the Warrant, or to punish the offender, shall suffer imprisonment without bail, or pay 40 shillings, to be employed as aforesaid.
XXX. In this case, if the Alehouse-keeper offend the second time, he shall be committed to the House of Correction for one moneth; and for the third offence, shall not be thence enlarged but by order of Sessions.
XXXI. The offender once punished by this Act, shall not [Page 14]be again punished by 5, & 6 E. 6.25. & contra.
XXXII. This Act shall not restrain the selling of Ale and Beer in Fairs.

Alienation without Licence.

I. Prerogat. Regis,
Note, that clause is in Rast. fo. 7. c. But I finde it not in the Stat. at large, not in Stanford. 'Tis in Polton, cap. 6.
Cap. 6. 17 E. 2. None holding of the King in chief by Knight-service may (without his Licence) aliene so much of his Land, that the residue will not suffice to doe his service: but this is not meant of little parcels thereof.
II. When Serjeanties are aliened without the King's Licence, the King hath used to rate them at a reasonable extent.
III. Stat. 1 Car. 3. All Licences of Alienations (other then upon raising of uses by force of any Deed from or out of the Estate of the Covenantor) shall be general to aliene, without expressing any uses.
IV. The Officer that takes above 26 s. 8 d. for drawing, pleading, entring, finishing, and discharging a Licence or Pardon of Alienation, shall forfeit to the party grieved for every peny so taken 5 s. to be recovered by information or action of debt, and shall be for ever after disabled to bear Office in any Court of Justice.

Aliens.

I. Stat. 31 H. 6.4. If any stranger (being in league, or having the King's safe conduct) be attached in his person, or robbed of his ship or goods, by any of the Kings Subjects at sea, or in any Port within the Kings Dominions, the Chancellor (upon a Bill of complaint) calling to him any of the Justices of either Bench, shall have power to enlarge the person so attached, and to make delivery and restitution of the Ship or goods, or the value thereof, and also of all costs, expences and losses sustained in that behalf.
* II. Stat. 1 R. 3.9. An Alien Artificer (not made Denizon) shall not remain nor exercise any Handicraft in England, unless as servant to a Subject skilful in the same Art, in pain to forfeit all his goods.
III. No such Alien shall here in England make any cloth, or put any wooll to work, in pain to forfeit the cloth so made.
IV. Such an Alien shall here in England sell his wares in gross, [Page 15]and not by retail, in pain to forfeit the value of the wares otherwise sold: and being an Handicraftsman, and inhabiting a great house, or chamber, shall not take any Apprentice or servant to work with him, unless it be his son or daughter, or else a Subject born, in pain to forfeit for every Apprentice or servant otherwise taken 20 li.
V. The forfeitures of this Act are to be divided between the King and the prosecutor.
VI. Stat. 14 H. 8.2. No Stranger Artificer (Denizon, or not Denizon) shall take any Apprentice, but such as is born under the King's obeisance, in pain to forfeit 10 l. for every Apprentice otherwise taken, to be divided betwixt the King and the prosecutor. No Alien shall keep above two Journey-men, except they be born under the King's obeisance, upon the like pain, to be divided as aforesaid.
VII. All Strangers (Denizons or not Denizons) dwelling within two miles of London shall be under the reformation of the Wardens of Handicrafts within that City, and of one substantial Stranger, being an housholder of the same Craft, to be chosen by the same Wardens.
VIII. The said Wardens and that one Stranger shall assign a proper mark for Strangers wares, without taking any thing for the same.
IX. The said Wardens and Stranger shall have power to search, view, and reform the wares of Aliens, made within the said precinct.
X. Smiths, Joyners and Coopers (being Aliens) shall put such marks to their wares, before they sell or use them, as the said Wardens shall appoint, without taking any thing therefore, in pain to forfeit the double value thereof, to be divided between the King and the prosecutor.
XI. If upon such search the Wardens and Stranger shall finde any wares to be deceitfully made, they shall be forfeit, viz. the one half to the King, and the other half to the finder, and shall be recovered by action of Detinue.
XII. Wardens and Masters of Fellowships of Handicrafts in other Corporations, and Bailiffs, and other head-Officers in Towns lacking Wardens, have like power to reform strangers, and strangers are bound to yield obedience unto them, upon the like pains as aforesaid.
XIII. Here if a stranger be wronged, upon complaint to the Chancellor and Treasurer of England, or to the Justices of Assise, he shall have redress.
[Page 16]XIV. This Act shall not extend to strangers dwelling in Oxford, Cambridge, or St. Martins le grand, London.
XV. If the Wardens, with a stranger, or the Officers of Corporations or other Towns, refuse to mark a stranger's wares, being required so to doe, in such case it shall be lawful for such stranger to sell his wares, this Act notwithstanding.
XVI. This Act shall onely extend to Joyners, Pouch-makers, Coopers and Black-smiths, and to no other Crafts.
XVII. Any of the King's Subjects, having lands worth 100 l. per annum, may retain any stranger, that is a Joyner or Glasier, to work for him, this Act notwithstanding.
XVIII. Stat. 21 H. 16. A Decree made in the Star-Chamber the 20 of February, 20 H. 8. concerning Artificers strangers, was confirmed: The substance of which Decree hereafter followeth.
XIX. A stranger Artificer shall not keep in his house at one time above two strangers servants: howbeit a subject Artificer may retain as many strangers as he pleaseth, to be his servants or Apprentices.
XX. Strangers Artificers may take as many English-men to be their servants or Apprentices as they can get.
XXI. Strangers Artificers shall be contributary with English Artificers; and in case they refuse, they shall not onely lose the benefit of this Decree, but likewise be prohibited to exercise their Craft, in pain of incurring the forfeiture of the abovesaid Statute.
XXII. Strangers Artificers shall (upon lawful warning) go with the Wardens, and other Governours of the same Company to make search; which if they refuse, and that proved before the Chancellor of England, or Mayor of London, or (in other places) before the chief Officers, they shall no longer exercise their profession in England, in pain of the forfeitures aforesaid.
XXIII. Strangers Artificers shall (upon lawful notice) make oath to be true to the King, and obedient to his Laws, and to make due search with others, and not to discover to any beforehand the intention of search; and being sworn, shall pay for their Commission as the Subjects of England do.
XXIV. No strangers but Denizons shall keep house or shop, in pain of incurring the penalties of the aforesaid Statutes.
XXV. Strangers shall not assemble but in the Common Halls of their Mysteries, upon the penalties aforesaid.
XXVI. This Decree and Act (for so much as concerns Cordwainers) shall extend as well to such as work old stuff, as those that work new.
XXVII. This Decree and Act shall not extend to strangers (Denizons [Page 17]or not Denizons) dwelling in Oxford, Cambridge, or St. Martins le grand, London.
XXVIII. Stat. 22 H. 8.8. Aliens born, made Denizons, shall pay all such customes and other duties as they did before they were made Denizons.
XXIX. A Table of Customes, Tolls and Duties, shall be set up in every City, Borough and Town, in pain that every City not doing the same shall forfeit 5 l. and every Town Corporate 40 s. for every moneth the same shall fail to be set up at Pente [...]ost next, to be divided betwixt the King and the prosecutor.
XXX. This Act shall not prejudice the Merchants of the Stilyard, London.
XXXI. Provided, that the Tables of Scavage to be set up in London shall be approved by the Chancellor and Treasurer of England, the President of the King's Council, the Lord Privie-Seal, the Lord Steward of the King's house, and the two chief Justices, or four of them, and shall be by them subscribed.
XXXII. Stat. 22 H. 8.13. No stranger, being a common Baker, Brewer, Surgeon or Scrivener, shall be accounted a Handicrafts-man within the penal Statutes made against strangers Artificers.
XXXIII. Stat. 32 H. 8.16. All strangers (made Denizons) shall be obedient to the Statutes of 1 R. 3.9. 14 H. 8.2. and 21 H. 8.16. And in all Letters Patents of Denization hereafter to be made a Proviso for that purpose shall be inserted; save onely when the King shall please to grant special Liberties, and then those Liberties shall be plainly exprest, both in Bills signed by his Majesty, and also in the Letters Patents.
XXXIV. No Alien Artificer (Denizon or not Denizon) in Oxford, Cambridge, or St. Martins le Grand, London, shall keep above two strangers servants at one time, in pain to incur the penalty of 14 H. 8.2.
XXXV. Every Alien (not Denizon) within the King's Dominions shall be bound to observe the Laws of this Kingdom.
XXXVI. No Subject or Stranger (using no handicraft) shall retain above four servants strangers, in pain to forfeit for every servant kept above that number 10 l.
XXXVII. The abovesaid forfeitures shall be divided betwixt the King and the prosecutor.
XXXVIII. This Act shall not be prejudicial to a Proclamation published by the King, concerning the payment of Customes for strangers to indure for certain years.
[Page 18]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, [Page 19]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 30^th 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.

[Page 20]

Annuary Thanksgiving.

I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgiving, to be celebrated on the 29^th 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 [Page 21]against those shall remain, until those be attainted by Outlawry or otherwise.
III. Stat. Gloc. c. 14. 9 E. 1. If the Appealor declare the deed, the year, the day, the hour, the time of the King, and the town where the fact was done, and with what weapon, the appeal shall stand, and shall not be abated for default of fresh suit, so that he sue within a year and a day after the fact.
IV. West. 2.12. 13 E. 1. Upon a false appeal by malice the Appellor shall suffer a year's imprisonment, make fine to the King, and recompence dammages to the Appellant at the discretion of the Justices.
V. When the Appealor is not able to satisfie dammages, and an Abettor (through malice) is also found by the same Inquest, such Abettor shall also be punished by imprisonment, and restitution of dammages, as before.
VI. Articult Cleri, ca. 10. 9 E. 2. Thieves and Appealors (whensoever they will) may confess their offences to Priests: but let the Confessors beware that they inform them not erroneously.
VII. Stat. of Appeals, 28 E. 1. When any are appealed by provers, the Sheriff shall by the King's Writ, under the testimony of the Justices that delivered those provers, bring such appealees to the Gaols where the provers or appealors are kept, to answer before the same Justices; and if the Appealees will be tried by the Country, the Sheriff shall also by a judicial Writ from the same Justices cause an Inquest to appear.
VIII. The Sheriff and others (in whose custody such Appealors are kept) shall receive such Appealees without contradiction.
IX. Stat. 1 H. 4.14. All appeals of things done within the Realm shall be tried by the laws thereof; and of those done out of the Realm, by the Constable and Marshal of England for the time being.

Appeals to Rome.

* I. Stat. 24 H. 8.12. All causes testamentary, and of Matrimony, divorces, rights of tithes, oblations and obventions, shall be adjudged within the King's Authority, and not elsewhere.
II. The Prelates of this Realm may execute all Sacraments, Sacramentals, Divine Service, and all other things to the King's subjects which they ought to doe, notwithstanding any-appeal to Rome, or any other forein power whatsoever.
III. If any spiritual person for fear of any forein power shall [Page 22]refuse so to doe, he shall make fine and ransom at the King's pleasure.
IV. Whosoever procureth from the See of Rome, or any other forein Court, any appeals, process, sentences, &c. shall incurr a Praemunire, provided by the Statute of 16 R. 2.5. which see in Proviso 8.
V. Appeals in cases Ecclesiastical shall be sued from the Archdeacon or his Official to the Bishop Diocesan; and when the cause is commenced before the Bishop Diocesan or his Commissary, within 15 days after sentence, an appeal may be made from thence to the respective Archbishop of the Province, to be there definitively adjudged.
VI. When the cause is commenced before an Archdeacon of any Archbishop or his Commissary, the appeal may be made within 15 days after sentence to the Court of Arches, or audience of the same Archbishop; and from the Arches or audience, within 15 days after sentence there, to the Archbishop himself, to be finally determined, without any farther appeal.
VII. When the cause is commenced before the Archbishop himself, it shall be there determined without any farther appeal, saving to the Archbishop and Church of Canterbury the due prerogative heretofore used.
VIII. When the cause or suit concerns the King, the party grieved may (within fifteen days after sentence) appeal from any of the said Courts, to the Prelates assembled (by the King's Writ) in the Convocation being, or next ensuing in the Province where the suit was begun; and there it shall be finally-determined.
IX. If any shall hereafter pursue any appeal contrary to this Act, or shall refuse to obey it, he shall incur a Praemunire.

Apprentice.

I. Stat. 12 H. 7.1. The makers of Worsteads, Sayes and Stamins in Norfolk are enabled to take Apprentices, and any person may also put Apprentices unto them; so that they keep not above two Apprentices (at most) at one time.

Appropriations.

I. Stat. 15 R. 2.6. In every License made in Chancery of the Appropriation of any Church, this shall be contained, viz. That the Diocesan shall ordain (according to the value of such Churches) a convenient summ to be yearly distributed out of the [Page 23]profits thereof to the poor of the Parish by the appropriators and their successors for ever; and also that the Vicar shall be sufficiently endowed.
II. Stat. 4 H. 4.12. The Statute of 15 R. 2.6. shall be duly executed, and Appropriations made since that Statute contrary thereunto shall be reformed before Easter, or else to be void, except Haddenham in the Isle of Ely.
III. All Vicarages annexed or appropriated since 1 R. 2. shall be void.
IV. In every Church so appropriate, a secular person shall be ordained Vicar, canonically instituted and inducted in the same, and conveniently endowed (by the discretion of the Ordinary) to doe Divine Service, inform the people, and keep hospitality there, (except Haddenham aforesaid) and no Religious shall be hereafter made Vicar in any Church so appropriate.

Approvements.

I. Merton, Cap. 4. 20 H. 3. Lords of Wastes or Commonable woods or pastures may approve against their Tenants part thereof, so that they leave sufficient common besides, together with free egress and regress to enjoy the same: And the truth thereof shall be enquired by Assise, wherein dammages shall be given to the Plaintiff if he recover, and the disseisors shall be amercied.
II. West. 2. cap. 46. 13 E. 1. The Statute of Merton shall not onely binde the Lords Tenants, but neighbours also which claim common of Pasture as appurtenant to their Tenements: but if any claim common by special seoffment or grant for a certain number of beasts, or otherwise, which is due to him of common right, he shall recover the same according to the form of such grant.
III. By occasion of a Wind-mill, Sheep-cote, Dairy, inlarging of a court necessary, or courtilage, none shall be grieved by Assise of Novel disseisin, for common of Pasture.
IV. If any (upon just title of approvement) do make a ditch or hedg for that purpose, which afterwards is thrown down by some who cannot be discovered by verdict of the Assise or Jury, and the Towns adjoyning will not indite such as are guilty of the fact; in such case the said Towns shall be distrained to level again such ditch or hedg at their own costs, and shall also yield dammages.
V. Stat. 3 E. 6.3. The Statute of Merton, cap. 4. and West. 2. cap. 46. are confirmed.
VI. Upon Judgment for the Plaintiff in an Assise upon any [Page 24]branch of the said Statutes of Merton or West. 2. the Court shall award treble dammages.
VII. This Act shall not extend to houses heretofore built upon wastes or commons, not having above 3 Acres of such waste or common-ground belonging to them, nor to any Garden, Orchard or Pond there not exceeding two Acres; neither yet shall it cause any person to lose or forfeit any pain or dammage for the same, but such houses and grounds shall still stand and remain: howbeit the owners of such wastes or commons may lay open so much thereof as shall exceed three Acres.
VIII. Stat. 43 El. 11. All Contracts or Bargains made of part of such wastes, commons, or 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 [Page 25]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 [Page 26]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' cor [...] 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.

[Page 27]

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 any other council assembled by the King's command; onely, if it be not Term-time, he shall then appear the first day of the Term following that quarter, and upon appearance shall be proceeded against as before.

Assises.

I. Magna Charta, cap. 12. 9 H. 3. Assises of novel disseisin and Mortdancester shall be taken in their proper Shires in this manner: The King, or (in his absence out of the Realm) the chief Justices shall once a year send the other Justices through every County to take together with the Knights of the Shires such Assises in those Counties, and such things as cannot be there determined shall be ended elsewhere in their Circuits: Also difficult matters shall be referred to the Justices of the Bench to be there determined.
II. West. 1. Cap. 24. 3 E. 1. If any Escheator, Sheriff, or other Bailiff of the King do by colour of his office, without special warrant pertaining to his office, disseise any man of his free-hold, or any thing belonging thereunto, it shall be in the election of the disseisee, whether the King by office shall cause it to be amended upon complaint, or that he will sue by writ of Novel disseisin, wherein if the disseisor be attainted, the disseisee shall recover double dammages, and the disseisor shall also be grievously amercied to the King.
III. West. 1. cap. 36. 3 E. 1. If any be attainted of disseisin done in the now King's time with robbery of goods or otherwise, the disseisee by Assise of Novel disseisin shall recover his seisin and dammages, and the disseisor (whether present or not) shall make fine, and if present, shall be committed.
IV. West. 1. cap. 48. 3 E. 1. Assises of Novel disseisin, Mortdancester and Darreine presentment shall be taken in Advent, Septuagesima [Page 28]and Lent, as well as inquests, and that at the special request of the King made to the Bishops.
V. West. 2 cap. 25. 13 E. 1. For estovers of wood, profit to be taken in woods, corrodie, delivery of corn, and other victuals and necessaries to be received yearly in a certain place, toll, tunnage, passage, pontage; pawnage, and the like to be taken in places certain, keeping of Parks, Woods, Forests, Chases, Warrens, Yates, and other Bailiwicks and offices in Fee, an Assise of Novel disseisin shall be; and in such cases the Writ shall be (as in other cases) de libero tenemento.
VI. It shall also be for Common of Turf-land, fishing, and such like common appendant to Free-hold, or by special deed, (as it heretofore held place for common pasture) provided the estate therein be (at least) for life.
VII. If any holding for years or in ward aliene the fee, remedy shall be had by this Writ, and both the feoffors and feoffees shall be had for disseisors; so that during the life of any of them the said Writ shall hold place, and if they die, the remedy shall be by Writ of Entry.
VIII. The giving of this Writ in new cases shall not diminish the force thereof in those wherein it had force before; and remedy also shall be had thereby in case where one feedeth in the several of another.
IX. In this suit, if the Defendant fail to make good the exception which he pleads, he shall be adjudged a Disseisor without taking the Assise, and shall give to the Plaintiff double dammages, both inquired, and to be inquired; and besides, shall suffer a year's imprisonment.
X. If such an exception be alledged by a Bailiff, the taking of the Assise shall not be thereby delayed, nor yet the Judgment upon the reftitution of the lands and dammages: Howbeit, if the Master of such Bailiff afterwards offer to prove to the Court by matter of record, that there was just exception, whereby the Plaintiff might have been barred, he shall have a Venire facias to produce such record: and then, if the Justices see cause, the Plaintiff shall be warned to appear at a certain day, and the Defendant shall then have again his seisin and dammages, and the Plaintiff shall be punished by imprisonment at the discretion of the Justices. In like manner also shall the Justices proceed, in case the Defendant's proof is by deeds or releases; and if the Plaintiff purchased the Assise contrary to his own deed, he shail be punished, as aforesaid.
XI. The Sheriff shall not take an Ox of the disseisee, but of the disseisor onely, and but one Ox, though there be many disseisors named [Page 29]in the Writ; and that Ox shall not exceed 5 s. in value. Note that 5 s. then, hath now the value of 15 s.
XII. West. 2.46. 13 E. 1. Where common of Pasture hath been usurped during Nonage, Coverture, tenancy in dower, by the courtesie, for life, years, or in tail, it hath been holden, that, if such possessor of common be deforced, he ought to have Action by Writ of Novel disseisin: it must now be holden, that such as have entred within the time that an Assise of Mortdancester hath lain, if they had no common before, shall not recover by Writ of Novel disseisin, albeit they be deforced.
XIII. Stat. de conjunct. feoffatis, 34 E. 1. In an Assise of Novel disseisin, if joynt-tenancy be pleaded by force of a Deed, upon the Plaintiff's averment against it, the Justices shall keep the Deed until the trial, and in the mean time shall by scir' facias summon the absent joynt-tenant to be present with the Defendant at the said trial, and they shall there maintain the Plea, if they can: But if it shall then be proved by an Assise, that the Plea was maliciously alledged to delay the Plaintiff, albeit the Assise doth pass for the Defendants, yet he who pleadeth that exception shall suffer one whole year's imprisonment, and shall not be enlarged without grievous fine: And if it be found by Assise, that the Plaintiff was disseised, he shall recover seisin and double dammages, and the trial shall go on, notwithstanding such plea, and albeit neither of the pretended joynt-tenants appear; howbeit joynt-tenancy shall not be pleaded by Bailiffs.
XIV. Also in Assises of Mortdancester, and juris utrum, the like course shall be taken as in those of Novel disseisin.
XV. In other Writs likewise, whereby Tenants are demanded; save that in them the dammages are referred to the discretion of the Justices.
XVI. Stat. Eborum. 34 E. 2.1. Tenants in Assise of Novel disseisin may make Attorneys, and may also plead by Ba [...]hffs, as in times past.
XVII. Stat. 7 R. 2.10. An Assise of Novel disseisin for rents issuing out of lands in divers Counties shall be taken in Confinio Comitatus, as is used for Common of pasture in one County appendant to tenements in another.
XVIII. Stat. 1 H. 4.8. A special Assise is maintainable by the disseisee for such lands as are granted by the King's Patent, without title first found by inquest for the King, without suit to be made to the King in that behalf; and if the Patentee pray in Aid of the King, a Procedendo shall be also granted without suit.
XIX. Here if the Assise pass for the disseisee, he shall recover [Page 30]treble dammages against the Patentee.
XX. Stat. 4 H. 5.8. If any make forcible entry into lands by way of maintenance, the Chancellor of England shall grant a special Assise without suing to the King: and if the disseisor shall be attainted thereof, he shall suffer one whole year's imprisonment, and restore double dammage to the party grieved.
XXI. Stat. 6 H. 6.2. The pannels of Assises shall be arrayed, and an indented Copy thereof delivered by the Sheriff to the Plaintiffs, Tenants, and Defendants, six days before the Sessions, if they demand the same; also Bailiffs of Franchises shall make their returns thereof to the Sheriff at the like time; upon pain to forfeit each of them, Sheriff or Bailiff, 40 l.
XXII. Stat. 11 H. 6.2. In an Assise, if the Sheriff be named a disseisor by Collusion, to the end the Writ may be directed to the Coroner, and the Assise secretly awarded by the tenant's default, upon the Plaintiff's averment thereof, and if it shall also be found by the Assise to be so, the Justices shall abate the Writ, and grievously amerce the Plaintiff.
XXIII. Stat. 21 H. 8.3. The Plaintiff in Assise may abridge his plaint of any part whereunto a barr is pleaded, without prejudice to the residue.

Attaint.

I. VVest, 1. cap. 37. 3 E. 1. An Attaint is granted in Plea of Land, Free-hold, or any thing touching Free-hold.
II. Stat. de attinctis, 13 E. 2. In Attaint, if the first Jurors which shall be living appear not at the first grand distress, or be returned to have nothing, by their absence there shall be no delay made of the other Jury: See Rast. Attaint 2.
III. Stat. 1 E. 3.6. In a Writ of Trespass, an Attaint shall be granted by the Chancellor without speaking to the King, as well upon the principal as upon the dammages.
IV. In all cases of Attaints, the Justices shall not let to take the Attaints for the dammages not paid.
V. Stat. 5 E. 3.6. Nis [...] prius shall be granted in Attaints, but [...]o essoin or protection; and five daies by the year shall be given before the Justices of the Common Bench at least.
VI. Stat. 5 E. 3.7. Writs of Attaint shall be granted as well in pleas of trespass moved without Writ, as by Writ before Justices of Record, if the dammages adjudged do exceed 40 s.
VII. Stat. 28 E. 3.8. An Attaint shall be granted as well upon a Bill of trespass, as upon a Writ of trespass, without [Page 31]having regard to the quantity of the dammages.
VIII. Stat. 34 E. 3.7. An Attaint shall lie as well in plea real as personal, and it shall be granted to the poor (who shall affirm that they have nothing whereof to make fine, saving their countenance) without fine, and to all others by easie fine.
IX. Stat. 9 R. 3.3. He in the reversion shall have an Attaint, or Writ of Error, upon a false verdict found, or an erroneous Judgment given against the particular tenant.
X. If the oath be found false, or the Judgment erroneous, and the tenant still in life, he shall be restored to his possession and issues, and the reversioner to the arrearages: but if he be dead, or be found of Covin with the demandant, the reversioner shall have all; yet the tenant may traverse the Covin by Scire facias out of the Judgment or Writ of Attaint, if he please.
XI. Stat. 13 R. 2.18. Upon a false verdict given before the Mayor and Bailiffs of Lincoln, an Attaint shall be sued in the King's Bench or Common-Pleas, and the Jury shall be of the County of Lincoln, returned by the Sheriff of the said County.
XII. Stat. 3 H. 5.5. By letters Patents of H. 4. the name of Bailiffs of the City of Lincoln being translated to Sheriffs, lest it might be douted which Sheriff ought to return the Jury in Attaint, the former Statute of 13 R. 2.18. is explained and confirmed.
XIII. Stat. 11 H. 6.4. The Plaintiff in Attaint shall recover against all the Jurors, Tenants, and Defendants, the costs and dammages which he shall sustain (by delay otherwise) in that suit.
XIV. Stat. 15 H. 6.5. No Sheriff, Bailiff, or Coroner in Writs of Attaint of Plea of Land, or of Deeds concerning Lands of the yearly value of 40 s. or more, or of goods or chattels personal worth 40 s. or more, shall impannel any but such as inhabit within their Bailiwicks, and have free-hold or inheritance (not ancient Demesne, within the five Ports, or Gavel-kind) worth 20 l. per annum, and shall not return against them less issues then 40 s. at the first Writ of distresses, 10 s. at the second, and double afterwards, in pain to forfeit 100 l. to the King, and as much to the Plaintiff: And none but persons of that worth shall be impannelled upon Attaints, if challenge thereof be made by the Plaintiffs.
XV. If any of the Defendants plead a forein plea, and fail thereof, the Justices shall give Judgment against them, as if the Grand Jury upon the Articles of the Writ had passed against them: Howbeit the rest of the Defendants shall not be prejudiced thereby: neither shall this Act extend to Cities or Boroughs.
[Page 32]XVI. If there shall not be in the County (under the degree of a Baron) enough of that worth to fill the pannel, then shall the said Officers impannel and return the most sufficient persons there under that worth, upon the like pain.
XVII. Stat. 18 H. 6.2. Owners of Inheritance or Free-hold lands in Gavel-kind of 20 l. per annum, may also be impannelled upon Attaints, notwithstanding the Statute of 15 H. 6.5.
XVIII. Stat. 11 H. 7.21. None shall be impannelled upon a Jury in London, except he have lands and tenements, or goods and chattels worth 40 marks: and if the trial be for lands, or debt or dammages amounting to 40 marks, or above, his real or personal estate shall be worth 100 marks: and the Jurors defect herein is a principal challenge.
XIX. The issues of the Jurors for default of appearing shall be at the first summons 12 d. at the second 2 s. and double afterwards; and the issues lost in the Mayor's Court shall accrue to the Mayor and Commonalty, and those lost in the Sheriff's Court, to the Sheriffs.
XX. An Attaint may be sued by Bill in the Hustings of London, upon any false verdict given in any of the Courts of that City: And thereupon the Mayor shall award a Precept to every Alderman to present (either by themselves or their Deputies) unto the said Mayor at the next Hustings the names of four indifferent and discreet Citizens out of each of their Wards, each of them being worth in estate 100 pounds at least; out of which the Mayor and six Aldermen, or more, shall impannel 48, whom the Mayor shall cause to be summoned together with the Tenants or Defendants in the Attaint to appear at the next Hustings: and if upon default of appearance or otherwise there shall need a Tales, the pannel shall be supplied out of the rest presented, or by other such Citizens, at the discretion of the said Mayor and six Aldermen.
XXI. Pleas of Attaints commenced in London shall be tried there by Inquests of the same City, and not elsewhere.
XXII. In an Attaint there, no challenge shall lie for lack of sufficiency in estate.
XXIII. The Judgment in such an Attaint shall not extend to lands or tenements, nor yet to other punishment of the petty Jury, or other processes then such as are limited by this Act.
XXIV. In such an Attaint, if the petty Jury be attainted, Judgment shall be given against the Defendant, as at the Common Law, and against the petty Jury; to forfeit each of them 20 l. or more, at the discretion of the Court, to be employed as other penalties forfeited before them, and to suffer six moneths imprisonment, [Page] [Page] [Page 33]or less, at the like discretion of the Court, and to be for ever after disabled to be a Juror.
XXV. But if the verdict be affirmed, the Grand Jury shall-further inquire the corruption of the petty Jurors, and if any of them be found to have taken any reward, or promises thereof, he shall forfeit ten times the value thereof to the Plaintiff, and shall further incurr imprisonment, and disability to be a Juror, as aforesaid. The like forfeiture also and imprisonment shall be inflicted upon the Tenant or Defendant that shall give such reward or promise; but this last forfeiture shall accrue to the City, in manner aforesaid.
XXVI. If a debt, costs or dammages are recovered in the first Action, (whereupon the Attaint is brought) and that verdict found false, the Plaintiff in such Attaint may sue for restitution of such debt, costs and dammages by Writ, Bill, or Plaint, in any of the King's Courts, wherein no wager of Law shall be admitted.
XXVII. In such an Attaint, if the Plaintiff be non-suit, or the first verdict affirmed, the Plaintiff shall be imprisoned, and make fine (to the use of the City) at the discretion of the Court.
XXVIII. Where there are one or more Plaintiffs, if any of them die, or be non-suit, and albeit all the Tenants or Defendants and some of the petty Jury die, yet shall not the Attaint abate, so that two of that Jury remain in life.
XXIX. The Grand Jurors that make default shall forfeit for the first, forty shillings, for the second, five pounds, and for every other afterwards, ten pounds.
XXX. Such process shall be made against the Jurors and parties in this Attaint as is usually made in Attaints at the Common Law, and shall be returnable at every Hustings.
XXXI. The Attaint shall not remain to be taken after the first summons for the default of the Tenant or Defendant, or any of the petty Jury; neither shall any essoign be allowed in the same.
XXXII. When the trial is to be per medietatem linguae, the Mayor and Aldermen shall impannel half strangers, worth an hundred pound a piece.
XXXIII. Stat. 23 H. 8.3. Upon every untrue Verdict before Judges of Record (except where the thing in demand extendeth not to the value of 40 l. or concerneth life) the party grieved shall have an Attaint against the petty Jury, and also against the party that hath the judgment thereupon.
XXXIV. The Processes here shall be summons, re-summons, and distress infinite, as well against the petty Jury and party, as against the Grand Jury, who shall be of the accustomed number, [Page 34]and have lands of the yearly value of 20 marks out of ancient demesne.
XXXV. The distress shall be awarded 15 daies before the return thereof, and shall be made upon the land of every one of the Grand Jury, as is used in other distresses.
XXXVI. Albeit the Defendant, or petty Jury, or some of them appear not, yet the grand Jury shall proceed.
XXXVII. If any of the petty Jury appear, the Plaintiff shall assign the false serement, whereunto the petty Jury shall have no other answer (if they be the same persons, and the Writ, Processes, Return, and assignment be good) but that they made true serement, which shall be tried by 24 of the Grand Jury; unless the Plaintiff hath before been non-suit, or discontinued his suit, or had judgment against the same Jury for the same Verdict.
XXXVIII. Howbeit the Defendants may plead that they gave a true verdict, or any other matter which may barr the Attaint: but notwithstanding such plea, the Grand Jury shall nevertheless inquire whether the first Jury gave a true verdict or no.
XXXIX. If the petty Jury be found to have given an untrue verdict, they shall each of them forfeit 20 l. to be divided betwixt the King and the Plaintiff, and incurr several fines at the discretion of the Justices, and be ever after disabled to give testimony in any Court.
XL. If the Defendant's plea in bar be found against him, the Plaintiff shall have judgment to be restored to that he lost, with his reasonable costs and dammages.
XLI. Outlawry or Excommunication shall be no plea against the Plaintiff in Attaint; and in the aforesaid process such day shall be given as in dower, but no essoign or protection allowed.
XLII. If the Grand Jury appear not, so that the petty Jurie's verdict remains untried, the defaulters shall upon the first distress forfeit 20 s. upon the second 40 s. and upon every default after 5 l. The like penalty is also to be inflicted upon the Tales.
XLIII. The Attaint is maintainable so long as any two of the petty Jury are alive.
XLIV. An Attaint shall also lie for a personal thing under the value of 40 l. in manner aforesaid; save onely that in such case the Grand Juror is to have lands worth 5 marks per annum, (out of ancient demesn) or to be worth 100 marks in goods; and the forfeiture of each petty Juror shall be but 5 l.
XLV. For want of sufficient Jurors in one County, a Tales shall be awarded into another County at the discretion of the Justices.
XLVI. An Attaint shall also lie for him in reversion or remainder. [Page 35]And also in Attaint if the Plaintiff be non-suit, or discontinue the suit, he shall be fined at the discretion of the Justices.
XLVII. All Attaints shall be hereafter taken in the King's Bench or Common Pleas, and not elsewhere; and Nisa prius shall be granted upon the distress at the discretion of the Justices: also any of the petty Jury may appear and answer by Attorney.
XLVIII. As concerning the forfeitures, the several moieties shall be recovered by the King and parties respectively by Ca. sa. or Fi. fa. or Elegit, or Action of debt against each of the petty Jury, their Executors or Administrators, having then sufficient goods of the Testators not administred.
XLIX. Judgment and Execution of restitution to the Plaintiff, and of discharge of restitution to the Tenant or defendant, shall be given and had, as in case of a grand Attaint hath been used.
L. The Non-suit or release of one Plaintiff shall not prejudice his companions.
LI. In every writ of attaint after the Teste these words shall be inserted, Per statutum continuatum usque annum 23 H. 8. Dei gratiâ, &c.
LII. This act shall not be prejudicial to the Statute of 11 H. 7.21. but every man for any untrue verdict in London may bring an Attaint upon this or that, at his pleasure.
LIII. Stat. 37 H. 8.5. Citizens of London being worth 400 marks in personal estate may be impannelled and returned by the Sheriffs of London upon Attaints there, albeit they have no real estates, notwithstanding the Statute of 23 H. 8.3.
LIV. The Justices shall hereafter sit upon Attaints in London at Guildhall, or some other convenient place in that City, and not elsewhere; neither shall the Citizens there be compellable to appear upon any such Attaint in any other place, notwithstanding the sa [...]d Statute of 23 H. 8.

Attorney.

I. Merton, Cap. 10. 20 H. 3. Every Free-man that oweth suit to the County, Tithing, Hundred or Wapentake, or to a Court-Baron, may make an Attorney to doe his suit for him.
II. West. 2. Cap. 10. 13 E 1. Any person may make a general Attorney to sue in all Pleas, during the circuit of Justices in Eire: howbeit that shall not excuse the party from being put upon Juries and Assises before the same Justices.
III. Stat. 7 R. 2.14. They who shall depart the Realm with the King's licence, may before their departure have a Patent from [Page 36]the Chancellor (with the advice of the Justices) inabling them to make general Attorneys to answer for them in Writs of Praemunire facias, and all other Writs and Plaints; in which Patent particular mention shall be made of Writs and Plaints of Praemunire facias: and those Attorneys may make Attorneys under them.
IV. Stat. 4 H. 4.18. All Attorneys shall be examined by the Justices, and by their discretion put into the Roll.
V. Those that are by them approved shall swear truly to serve in their Offices, and to make no suit in a forein County. An insufficient Attorney shall be put out by the like discretion of the Justices, and their Masters or Clients shall have notice thereof, lest they be prejudiced thereby.
VI. As any die or cease, the Justices shall appoint others, being vertuous, learned, and sworn, as aforesaid.
VII. If an Attorney be found notoriously in fault, he shall forswear the Court, and be never admitted into any other Court.
VIII. The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion.
IX. Stat. 4 H. 4.19. No Officer of a Lord of a Franchise which hath return of Writs, shall be an Attorney in the same.
X. Stat. 7 H. 4.13. Impotent persons that are out-lawed may make their Attorney: Howbeit in the Writ of Capias ad satisfac' the Common Law shall still hold place.
XI. Stat. 33 H. 6.7. There shall be but six common Attorneys in Norfolk, six in Suffolk, and two in Norwich, if that shall seem reasonable to the Justices. But it seems the Justices did not think it reasonable, because this Act was never yet put in ure.
XII. Stat. 32 H. 8. ca. 30. Every Attorney shall enter his Warrant of Attorney in every suit upon record in Conrt, on pain of 10 l. and further punishment by imprisonment at the discretion of the Court.
XIII. Stat. 3 Jac. 7. An Attorney, Sollicitor or servant to any shall not be allowed any fees laid out for counsel or otherwise, unless he have tickets thereof signed by the hand of them that receive such fees; and he shall also give unto his Client true Bills of all the charges of suit under his own hand, before he can charge his Client with the payment thereof.
XIV. If he delay his Client's suit for gain, or demand by his Bill more then his due fees and disbursements, the Client shall recover against him his costs and treble dammages, and he himself shall be for ever after disabled from being an Attorney or Sollicitor any more.
XV. None shall be admitted Attorneys in Courts of Record but [Page 37]such as have been brought up in the same Courts, or otherwise well practised in solliciting of Causes, and also skilful and of honest disposition, and none but such shall be hereafter suffered to sollicit Causes in any Court.
XVI. An Attorney shall not admit any other to follow a suit in his name, in pain that each of them shall forfeit twenty pounds to be divided betwixt the King and party grieved.

Avowry.

I. Stat. 21 H. 8.19. Upon a Replevin sued, an Avowry may be made by the Lord, or Conusance, and justification by his Bailiff or servant, upon the land holden of the said Lord, without naming any person certain to be tenant thereof. The like law is also upon every Writ sued of second deliverance.
II. In any Replegiare or second deliverance for rents, customs, service, or dammage feasant, if the Avowry, Conusance, or Justification be found for the Defendant, or the Plaintiff be non-suit, or otherwise barred, the Defendant shall recover such dammages and costs as the Plaintiff should have had if he had recovered.
III. Both parties shall in such Writs have like pleas, Aid, Prayers, and Joynders in Aid, as at the Common Law, notwithstanding this Act, Pleas of disclaimer onely excepted.

Banks.

I. Magna Charta, 9 H. 3.15. No Town or Free-man shall be distrained to make Bridges or Banks, but such as of old time and of right have used to make them in the time of King Henry our Grandfather.
II. Magna Charta, 9 H. 3.14. No Banks shall be defended from henceforth, but such as were in defence in the time of King Henry our Grand-father, by the same places and bounds as in his time.
III. Stat. 27 Eliz. 24. Justices of Peace in Norfolk shall take order for the repair of Sea-Banks and Sea-works within the same County.
IV. Every person shall be charged towards the repair of Sea-banks, as they are chargeable towards High-waies.
V. The High-Constables shall be surveyours of that work.
[Page 38]VI. Those charged towards Sea-works shall be discharged towards the amendment of High-wayes.

Bankrupts.

I. Stat. 34 H. 8.4. The Lord Chancellor, Treasurer, &c. shall take order with Bankrupts bodies, lands and goods, for the payment of their debts. But this was altered by the ensuing Statutes.
II. Stat. 13 Eliz. 7. If any person (Subject or Denizon) exercising trade doth depart the Realm, conceal him or her self, take Sanctuary, suffer him or her self to be arrested, out-lawed or imprisoned without just canse, to the intent to defraud Creditors, being also Subjects born, he shall be deemed a Bankrupt.
III. The Lord Chancellor or Keeper, upon complaint in writing against any such Bankrupt, may appoint honest and discreet persons to take such order with the body of such Bankrupt, wheresoever found, and also with the lands (as well Copy as Free,) hereditaments, annuities, offices, writings, goods, chattels and debts, wheresoever known, which the Bankrupt hath in his own right, with his wife, child or children, or by way of trust to any secret use; and to cause the said premisses to be searched, rented, appraised, and sold for the payment of the Creditors rateably according to their debts, as in the discretion of such Commissioners (or the most part of them) shall be thought fit.
IV. The Vendees of Copihold-lands shall compound with the Lord for their fines, and the shall be admitted, and make fealty according to the custom of the Mannor.
V. Such of the Commissioners as execute the Commission shall (upon the Bankrupt's request) render him an account, and also the overplus (if any be) unto him, his Executors, Administrators, or Assigns.
VI. The Commissioners have power to convene before them any person accused or suspected to have any of the Bankrupt's goods, chattels or debts, or to be indebted unto him, and for discovery thereof, to examine upon oath, or otherwise, as they (or the most of them) shall think fit.
VII. The person refusing in that behalf to disclose or swear, shall forfeit the double value of the goods, chattels, or debts so concealed, to be ordered and imployed by the Commissioners, (or the most part of them) as if they were the Bankrupts.
VIII. The person demanding or detaining any of the Bankrupt's lands, goods, chattels or debts (not justly due) shall forfeit [Page 39]the double value, to be levied, recovered and employed as aforesaid.
IX. If after all the creditors are paid out of the Bankrupt's estate, and the forfeitures, any surplusage shall remain, it shall be by the Commissioners divided betwixt the Queen, her heirs and successors, and the poor of the place where such Bankrupt happens to be.
X. If any person indebted absent himself from his usual place of abode, upon complaint the Commissioners (or the most of them) shall award five Proclamations to be made upon five sundry Market-days near the said place, commanding him to render himself to the Commissioners, or one of them; which if he do not within convenient time, he shall be adjudged out of the Queen's protection, and the party wittingly receiving or concealing him shall (upon information of the Commissioners, or the most part of them) suffer such imprisonment, and pay such fine, as the Lord Chancellor or Keeper shall think fit.
XI. The Creditor not sully satisfied by this means, may (notwithstanding this Act) take his course at Law against the Bankrupt for the residue of his debt.
XII. The estate which happeneth to the Bankrupt by purchase or descent after he becomes a Bankrupt shall also be extendable by the Commissioners, or the more part of them.
XIII. This Act shall not extend to annual estates of Land (Free or Copy) by him conveyed before he became Bankrupt, so that they were so conveyed bonâ fide, and not to such as were privy to his fraudulent purpose.
XIV. Stat. 1 Jac. 15. Every Subject born, or Denizon, who using Trade shall depart the Realm, keep house, absent him or her self, take Sanctuary, suffer him or her self to be arrested for debt not justly grown due, to be outlawed, imprisoned, fraudulently procure his person to be arrested, or goods attached, depart from home, make any fraudulent grant of lands or goods, with intent to deceive his other Creditors, being Subjects born, or being arrested lie in prison six moneths or more, shall be adjudged a Bankrupt.
XV. The Bankrupt hereby described shall be proceeded against as is limited by the Stat. of 13 El. 7. in like manner as if he had been there so fully described.
XVI. Any Creditor shall be received to take his part, if he come in within four moneths after the Commission sued out, and pay his part of the charge; otherwise the Commissioners may proceed to distribution.
[Page 40]XVII. If a Bankrupt grant his lands or goods, or transferr his debt into other mens names, except to his children upon marriage (they being of age to consent) or upon valuable consideration, the Commissioners may (notwithstanding) sell them, and such sale shall be good.
XVIII. If upon warning in writing left three times at the most usual place where he dwelt within one year before he became Bankrupt he appear not before the Commissioners, they may cause him to be proclaimed at some publick place or places; and if upon five such Proclamations he yield not himself, they shall by warrant cause him to be brought before them to be examined, the concerning his estate, &c.
XIX. If the Bankrupt shall refuse to be examined, the Commissioners shall commit him until he conform: or if being examined he commit perjury in prejudice of the Creditors to the value of 10 l. or more, he shall be indicted for the same, and after conviction stand upon the Pillory, and have one of his ears nailed thereto, and cut off.
XX. If any person be known or suspected to detain any of the Bankrupt's estate, and do not appear or send some lawful excuse at the next meeting after warning given him, or appearing, refuseth to be examined upon oath, the Commissioners by Warrant shall cause him to be arrested, and if he still refuse, shall commit him until he submit.
XXI. The witnesses shall have convenient charges allowed them ratably by the Creditors, and such of them as shall be perjured and their procurers shall be indicted upon the Statute of 5 El. 9 which see in Perjury.
XXII. The Forfeitures of this Act shall be recovered by the Creditors, and (the costs of suit deducted) shall be ratably divided amongst them.
XXIII. The Commissioners have power to assign the Bankrupt's debts to the Creditors, and by such assignment they shall be recoverable by the Creditors, as their proper debts.
XXIV. No debtor shall be prejudiced by payment of his debt to the Bankrupt, before he have notice that he is a Bankrupt.
XXV. The Commissioners shall make such account to the Bankrupt, and likewise pay him the overplus, as by 13 El. 7. is ordained; and the Creditors being all satisfied, the Bankrupt may recover the remaining debts.
XXVI. If any of the Commissioners, or other person imployed by them, be sued for any act done by force of the Commission, the Defendant may plead Not guilty, or justify, and the whole [Page 41]matter shall be brought in evidence, according to the very truth thereof; and if the Verdict pass for the Defendant, he shall have his costs.
XXVII. The Commissioners shall proceed to execution, notwithstanding the death of the Bankrupt.
XXVIII. Stat. 21 Jac. 19. All Laws made against Bankrupts shall be beneficially construed for the Creditors.
XXIX. All persons of Trade, and Scriveners that procure protection, (except of Parliament) and all such as by exhibiting Petitions endeavour to compel their Creditors to take less then their due debts, or to gain time for the payment thereof, or being indebted in 100 l. or more shall not satisfie the same within 6 months after the same grows due, and the debtor arrested, or within six moneths after the original Writ sued out, and notice given thereof, or left in writing at the place of his abode, or after arrest lie six months in prison, or escape out of prison, or procure enlargement by putting in common Baîl, shall be adjudged a Bankrupt; and in case of arrest or imprisonment, from the time of the arrest.
XXX. Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall be also pursued against him that is described to be a Bankrupt by this Act; and proceedings provided by this Act shall be pursued against him that is described to be a Bankrupt by 13 El. 7. and 1 Jac. 15.
XXXI. The Bankrupt's wife shall also be examined upon oath, and if she appear not, or refuse to be examined, she shall incur the punishment inflicted by the former Laws in like cases.
XXXII. The Bankrupt that fraudulently concealeth his goods, or tendreth not some just reason why he became Bankrupt, shall after conviction be set upon the Pillory, and lose one of his ears.
XXXIII. The Commissioners may by themselves or others break open the Bankrupt's house, chests, &c. where his estate is, or is reputed to be, and then seize and order his body and estate, as by the former Laws is ordained.
XXXIV. In the distribution of the Bankrupt's estate, no more respect shall be had unto debts upon Judgment, Recognisances, Specialties, with Penalties, or the like, then to other debts.
XXXV. The Commissioners may proceed, when the Bankrupt by fraud makes himself accomptant to the King.
XXXVI. Another mans goods in the Bankrupt's possession and disposition shall be also distributed by the Commissioners, as the Bankrupt's own goods.
XXXVII. The Commissioners grant of the Bankrupt's entailed [Page 42]lands shall be good, except when the reversion or remainder is in the King.
XXXVIII. Conditional Estates granted by the Bankrupt may be redeemed by the Commissioners, and afterwards sold as his other Estate.
XXXIX. No purchaser shall be impeached by this or the former Acts, unless the Commission be sued forth within five years after he becomes Bankrupt.
XL. This Act, as also all the former, shall extend to strangers, (both Aliens and Denizons) as well as to Subjects born, as well to be relieved, as also to be subject to the penalty thereof.
XLI. Stat. 14 Car. 2. ca. 24. Whereas divers Noblemen and Gentlemen, not bred up in trade, have notwithstanding put great Stocks into the East-Indy and Guinny Company, it is declared that no persons adventurers for putting in Money or Merchandise into the said Companies, or for adventuring or managing the fishing called the Royal fishing Trade, shall be taken or reputed a Merchant or trader within any Statutes for Bankrupts, or be liable to the same.
XLII. Provided that persons trading and trafficking in any other way or manner then in the said Companies or Fishing shall be liable to the Commission of Bankrupts.
XLIII. A Verdict and Judgment against Sir Jo. Wollaston as a Bankrupt for trading in the East-Indy Company reversed and made void. Provided, not to avoid any Sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts.

Barwick.

I. Stat. 22 E. 4.8. Merchandise carried into or brought out of Scotland, or the Isles thereof, shall be first brought to Barwick, in pain to forfeit the same.
II. The Burgesses and Free-men of Barwick onely shall have the selling of all Salmon taken in Tweed. And the Merchants and Freemen there shall have the Farm of the Waters Royal and fishings within the Seigniory there.
III. Stat. 1 Jac. 28. An Act for the Liberties of Barwick.

Bastardy and Bastards.

I. Merton, cap. 9. 20 H. 3. A child born before marriage is a Bastard, albeit the common order of the Church be otherwise.
II. Stat. 9 H. 6.11. No Writ shall be awarded to the Ordinary [Page 43]to certifie Bastardy, before three Proclamations be made in Chancery in three months, viz. once every moneth, that all persons who have any thing to object against the party for Bastardy shall sue to the Ordinary for that purpose.
☞ III. Stat. 18 Eliz. 3. The two next Justices (1. Qu.) may take order as well for the punishment of the mother and reputed father of a Bastard-child, as also for the relief of that Parish where it is born, by charging the said mother and father with the sustentation thereof by payment of money weekly, or otherwise.
IV. If the mother or father perform not the Justices order therein, they shall suffer imprisonment without bail, except he, she or they give security to perform it, or else to appear at the next Qu. Session, and also to abide the order of the greater part of Justices there, if any shall be there made; if not, then to perform that made by the two Justices.
☞ V. Stat. 7 Jac. 4. Justices of Peace shall commit to the house of Correction lewd women which have Bastards that may be chargeable to the Parish, there to be punished, and set on work one whole year: and if they offend again, they shall not be enlarged without giving good security to offend no more.
☞ VI. Stat. 21 Jac. 27. It shall be murther for a mother to conceal the death of her bastard-child, unless she can prove by one witness (at least) that it was still-born.
☞ VII. Stat. 3 Car. 4. All Justices of Peace within their several limits and Sess. may doe and execute all things concerning that part of 18 El. 3. which concerns Bastards, that by the Justices of P. in the several Counties are by the said Statute limited to be done.
VIII. Bastards maintenance by the putative fathers and mothers: See Title Poor, n. XLVIII.

Battail and Grand Assise.

I. West. 1. Cap. 40. 3 E. 1. Part of the oath in a Writ of right, or the Demandant's Champion, expunged.

Beaupleader.

Merton, Cap. 11. 52 H. 3. West. 1 cap. 8. 3 E. 1 & 1 E. 38. No fines shall be hereafter taken in Circuits, Counties, Hundreds, or Court-Barons, for fair pleading.

[Page 44]

Benevolence.

I. Stat. 13 Car. 2. ca. 4. A free and voluntary present to his Majesty, with power to issue Commissions for receiving subscriptions, upon which Process for levying the same shall not issue but within two years after this Act. No person not being a Peer may subscribe above 200 l. nor any Peer above 400 l. And no Commission on this Act to be of force after the 24 of June 1662.
II. Declared, that no Commission or aids of this nature can be issued or levied, but by authority of Parliament.

See Title Taxes, &c.

Bishops and Bishopricks.

I. Stat. 1 E. 3. Stat. 2. cap. 2. The King shall not cause to be seised into his hands the Temporalties of any Bishop.
II. Stat. 14 E. 3. Stat. 3. pro Clero, cap. 3. The Temporalties of Bishops or other people of Holy Church shall not be seised into our hands without just cause.
III. Stat. 25 E. 3. Stat. 3. pro Clero, cap. 6. A Bishop's Temporalties shall not be seised into the King's hands for a contempt, but he shall hereafter in such case pay a reasonable fine.
IV. Stat. 26 H. 8.14. Thetford, Ipswich, Colchester, Dover, Gilford, Southampton, Taunton, Shaftesbury, Molton, Marlborough, Bedford, Leicester, Glocester, Shrewsbury, Bristol, Penreth, Bridgewater, Nottingham, Grantham, Hull, Huntington, Cambridge, Pereth, Barwick, St. German's in Cornwall, and the Isle of Wight, shall be Sees of Bishops Suffragans, and the Bishops of such Sees shall be called Suffragans of this Realm.
V. The Bishop shall by Petition present to the King two persons to be his Suffragans, whereof the King shall allow one, who shall thereupon be called Bishops-Suffragan of that See, and shall by the King's Letters Patents be presented to the Arch-bishop of the respective Province to be consecrated to the dignity of that Office, which the Arch-bishop shall doe within three moneths after the receit of such Letters Patents.
VI. The Suffragan shall not exercise any greater authority, nor make any other benefit, then what is limited unto him by Commission from the Bishop of the Diocess, in pain to incurr a Praemunire.
VII. The Suffragan himself, or the Bishop that presents him to the King, shall at their own costs provide two Bishops or Suffragans [Page 45]to consecrate the Suffragan with the Arch-bishop.
VIII. The Suffragan's residence over the Diocess shall be sufficient for his benefice, and a Suffragan may have two benefices with Cure.
IX. Stat. 1 E. 6.2. The Writ of Conge d'elire ousted, and none but the King (by his Letters Patents) shall collate to an Archbishoprick or Bishoprick.
X. An Arch-bishop, Bishop or Suffragan collated by the King shall pay all usual Fees.
XI. All Process Ecclesiasticall shall be in the King's name, but the Teste in the name of the person having Ecclesiastical Jurisdiction; and when they issue from the Commissary, Official, or other Substitute, he shall subscribe his name after the Teste.
XII. The seal of Office belonging to any such person shall have the King's Arms engraven upon it, with Characters under them to notifie the Diocess, and he shall not use any other Seal, in pain of imprisonment during the King's pleasure.
XIII. Provided, that no more or other Fees be taken for such Seal then as before; and that the Arch-bishop of Canterbury may use his own seal and name for Faculties and Dispensations, according to the Statute of 25 H. 8.21. and also that Arch-bishops and Bishops may make and order their Substitutes, and may also issue Commissions of Suffragans, Certificates to the Court of Tenths, Colations, Presentations, Gifts, Institutions, Inductions, Letters of Order or Dimissories under their own names and Seals, as in times past.
XIV. Certificates into a Court of Record shall be in the King's name, under the Bishop's Seal, engraven with the King's Arms, as aforesaid, Teste the Bishop.
XV. But note that this Statute was repealed by 1 M. 2. and that Act of M. is afterwards repealed by 1 Jac. 25. Yet quaere whether this Statute of 1 E 6.2. be now in force.
XVI. Stat. 3. E. 6.1. The form of consecrating Bishops and Priests is established, being comprised in a book compiled by six Prelates and six other appointed by the King; which Statute see in Service and Sacraments. But note that this Act was also repealed by 1 M. 2. as the other next before.
XVII. Stat. 1 and 2 P. & M. 8. All Bishops are confirmed. Which see in Rome.
XVIII. Stat. 8 Eliz. 1. The Statute of 1 El. 1. touching the book of Common Prayer and Administration of the Sacrament is confirmed.
[Page 46]XIX. The Statute of 5 and 6 E. 6.1. touching the form of consecrating Arch-bishops and Bishops, and the making of Priests, Deacons and Ministers, and all acts done concerning the consecrating of Bishops by force of the Queen's Commission, are also confirmed.
XX. Provided, that no person shall be impeached by any Certificate of any Bishop heretofore made, touching the oath of Supremacy made 1 El. 1.
XXI. What Leases made by Bishops be good, See Title Leases, num. 9.
XXII. Stat. 39. El. 8. Deprivations of Bishops and Deans in the beginning of the Queen's Reign shall be good; and such as have been made since the Queen's time shall be lawful.
XXIII. Stat. 1 Jac. 3. All assurances of Bishops lands to the King shall be void.

See Title Courts and Jurisdictions Ecclesiastical.

Books and Images.

I. Stat. 25 H. 8.15. None shall buy Books to sell again, which are brought from beyond Sea ready bound, in pain to forfeit for every book 6 s. 8 d.
II. None shall buy of a stranger (that is no Denizon) any printed books brought from beyond Sea, except in gross, upon the like pain.
III. The forfeitures shall be levied of the buiers, and divided betwixt the King and the prosecutor.
IV. The prices of books increased to unmeasurable rates shall be qualified by the Chancellor, Treasurer, and two chief Justices, or any two of them.
☞ V. Stat. 3 and 4 E. 6.10. Popish books are abolished, and Images taken out of or yet remaining in Churches shall be destroyed: But Quaere, whether this Statute be in force, because repealed by 1 M. 2. For albeit 1 M. afterwards be repealed by 1 Jac. 25. yet because the Statute of E. 6. was once repealed, and not since revived by special words, it may be doubted whether it be now in force.
VI. Stat. 14 Car. 2. ca. 33. An Act for preventing the abuses in printing seditious, treasonable and unlicensed Books and Pamphlets, and for regulating Printing and Printing-presses: the said Act to continue for 2 years from the 10^th of June 1662. and no longer.
VII. Stat. 16 Car. 2. ca. 6. The Act for preventing the abuses [Page 47]in printing seditious and unlicenced books and pamphlets, &c. continued until the end of the next Session of Parliament.
VIII. Stat. 16 and 17 Car. 2. ca. 7. continued until the end of the next Session of Parliament.

Bows and Bowstaves.

I. Stat. 12 E. 4.2. Four Bowstaves shall be brought into this Realm for every Tun of Merchandice brought in by any Merchant stranger from any place from whence Bowstaves have been formerly brought, in pain of 6 s. 8 d. for every Bowstave whereof default is so made.
II. Search and survey shall be made of such Bowstaves by the head-Officer where the Ship, &c. lands, who shall have power to appoint officers for that purpose.
III. Stat. 1 R. 3.11. Ten Bowstaves shall be brought into this Kingdom for every Butt of Malmsey or Tyre, in pain of 13 s. 4 d. for every Tunn.
IV. Bowstaves shall not be sold ungarbled, but to a Subject born.
☞ V. Stat. 8 Eliz. 10. A Bowyer dwelling in London, or the suburbs, shall have always ready 50 Bows of Elm, Witch-hasel, or Ash, well made and wrought, in pain of 10 s. for every Bow failing of that number, to be divided betwixt the King and the prosecutor, who must be an Armourer, Fletcher or Bow-string-maker.
VI. No Bowyer shall sell a Bow of outlandish Elm of the best sort for above 6 s. 8 d. of the second sort above 3 s. 4 d. and of the worst sort above 2 s. nor one made of English Elm above 2 s. in pain to forfeit for every Bow otherwise sold 40 s. to be divided betwixt the King and any of the aforesaid Artificers that will sue for the same.
* VII. Stat. 13 Eliz. 14. The Statute of 12 E. 4. confirmed.
VIII. All Merchant-strangers bringing wares from the East-parts, as well as from the 27 Hanse-towns, shall be bound by the said Statute of 12 E. 4.2. under the pains therein contained, to be divided betwixt the King and the prosecutor.

Brass, Laten, Copper, Bel-metall, Pewter, &c.

* I. Stat. 19 H. 7.6. None shall sell or change Brass save onely in open Fairs and Markets, or in their own houses, (except they be desired by the buyer of such wares) in pain of 10 l.
[Page 48]II. None shall cast, or work brass or pewter, but according to the goodness of metal wrought in London, in pain to forfeit the one moiety thereof to the King, and the other to the finder.
III. Hollow ware of pewter, called Lay-metall, shall be wrought after the assise of Lay-metall in London, and shall be marked, in pain to forfeit the said wares, or (being sold) the price thereof, which shall be divided as aforesaid.
IV. None shall use (in the selling of brass or pewter) any false beams or weights, in pain to forfeit 20 s. to be divided as above; and in case he be not able to pay it, he shall be (by the Head-officer) committed to the stocks, till the next Market-day, and then stand upon the Pillory.
V. Searchers of brass and pewter in every City and Borough shall be appointed by the Head-officers of the same, and in every County by Justices of Peace, at their Mich. Sess. and in default of searchers in Cities and Boroughs, any other person (skilful in that Mystery) by over-sight of the Head-officers may take upon him the search of defective brass, which shall be equally divided as aforesaid.
VI. Stat. 4 H. 8.7. The Stat. of 19 H. 7.6. is confirmed: And besides, it is enacted, that in Cities and Boroughs search of defective tinn and pewter shall be made by the Wardens of the Craft of Pewterers; and in Towns where no Wardens are, searchers shall be appointed by the Head-officers there, which said defective ware shall be forfeited, and divided, as in the former Statute.
VII. Stat. 25 H. 8.9. None shall buy, or take by way of exchange, any wares made of tinn or pewter out of the Realm, in pain to forfeit them, and also the value thereof in money.
VIII. Officers may search and seize wares brought into this Realm, contrary to this Act.
IX. No stranger born shall work any pewter or tinn in England, in pain to forfeit the same.
X. No Pewterer shall teach his Trade in a forein Nation, in pain to lose the priviledge of an Englishman.
XI. Licenses and Placards to wandring Braziers and Pewterers shall be void.
XII. The penalty of 10 l. mentioned in 19 H. 7.6. and those likewise of this present Act, shall be equally divided betwixt the King and the finder.
XIII. Stat. 33 H. 8.4. The Statute of 25 H. 8.9. is made perpetual.
XIV. None shall withstand the search of brass, tinn, pewter, &c. [Page 49]in pain of 5 l. to be divided as in the former Statute.
XV. Stat. 33 H. 8.7. None shall convey out of this Realm Brass, Copper, Laten, Bell-metal, Pan-metal, Gun-metal, or Shrooff-metal, clean or mixed (Tin and Lead onely excepted) in pain to forfeit the double value, to be divided betwixt the King and the prosecutor.
XVI. The landing thereof in forein parts shall be tried and determined in the County where it was shipped.
XVII. None shall transport such metall from one part of the Realm to another, before he hath acquainted the Customer where the Ship is with the true weight thereof, and also give him bond to the King's use of the double value thereof, with condition to land it in some part of the Realm, in pain to forfeit the same, in manner and form aforesaid; and shall also, within eight moneths after, bring from the Customer of the place where he lands it a certificate of the landing thereof, which Customer shall give him or his Factor such certificate without delay.
XVIII. The Customer that makes a false certificate in such case shall lose his place, and the value of the goods so concealed.
XIX. If the goods be diminished by tempest, enemies, or pirates, upon due proof thereof made to the Customer by the party, his executor, or, &c. his bond shall be re-delivered, or otherwise discharged.
XX. Stat. 2, and 3 E. 6.37. The penalty of 10 l. for every thousand weight is added to the forfeiture of the double value of metall transported contrary to the Stat. of 33 H. 8.7.
XXI. Also 10 l. for every thousand weight shall be added to the double value of the goods, and the total thereof put into the Bond to be made to the Customer, according to the Stat. of 33 H. 8.7. which Bond if it want a date, the Customer shall forfeit his place, and the value of the goods shipped.
XXII. If any Officer of the Ship suffer any such metall to be shipped, and do not disclose it within three days, he shall forfeit the double value thereof; or if any Customer or searcher having notice thereof, do not seise it to the King's use, he shall lose his office, and the value of the metall.
XXIII. None shall lade such metall but where there is a Customer, in pain to forfeit 10 l. and the metall.
XXIV. The forfeitures are to be divided betwixt the King and prosecutor.
XXV. The Statute of 33 H. 8.7. in all points not altered by this is confirmed.

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Breakers of Leagues and Truce.

I. Stat. 2 H. 5.6. In every port (beside the Cinque-ports) there shall be a Conservator of the Truce, worth in land 40 l. per annum at least, who, by the King's Letters Patents and the Admiral's Commission, shall have power to enquire of (by inquest) and inflict punishment for offences done upon the Sea against Truce and false conducts, in like manner as the Admirals have heretofore used to doe: Howbeit, the death of a man is reserved to the Admiral.
II. The Conservator hath power to award processes against the offenders, (viz. Capias and Exigent) wherein the additions of the parties indicted shall truly be inserted; and also by himself or his Lievtenant to hear and determine differences betwixt party and party concerning Truce and false conducts.
III. The Conservator shall have two men learned in the Law joyned in Commission with him as his associates, and both he and they shall be sworn to take no fee, gift, &c. save of the King onely; and if any be offered them, that they forthwith discover it to the King or his Councellor, in pain of imprisonment and fine.
IV. The Conservator shall be resident upon the place where he is appointed Conservator, and shall have for his fee 40 l. per annum at least; and a Seal of the King's proper for his Office.
V. Every Master of a Ship (and Owner too, if he be present) shall before he departs the Port be sworn before the Conservator, not to attempt any thing against the Truce, and the Conservator shall record the name of such Master and Owner, and also of the Ship, together with the number of the Mariners: and if they take any thing from the Enemy, the Conservator shall be acquainted therewith before discharge or sale, if for some reasonable cause the Ship entred not some other Port; then they must procure from the Conservator there a testimonial under Seal of the goods taken, and their value to be shewed to the Conservator of the Port from whence they first came. And all this they must doe, in pain to forfeit the Ship, and suffer imprisonment untill they make fine and ransom to the King.
VI. Provided, that no possessor of a Ship shall suffer imprisonment, or make fine, unless he was present in the Ship when the offence was committed.
VII. The Admiral shall have all forfeitures out of the Cinqueports, as before hath been used.
VIII. Conservators to be made within the Cinque-ports by the King's Letters Patents and the Warden's Commission shall also have [Page 51]like power within that Franchise, and the Warden shall have the forfeitures there, as in times past: Howbeit the death of a man is reserved to the Warden.
IX. Stat. 4 H. 5.7. If any with whom Truce is broken at Sea complain thereof to the Keeper of the Privie Seal, he shall have Letters of Request under the Privie Seal; and if thereupon the offender makes not restitution, he shall have Letters of Mart granted him under the Great Seal.
X. Stat. 14 E. 4.4. The former Statutes are confirmed.

☞ Bridges.

I. Stat. 1 H. 8. ca. 9. An Act for Stanes Bridge, Comitat. Middlesex.
II. Stat. 8 H. 6.28. An Act for the making Burford and Culhamford Bridges.
III. Stat. 22 H. 8.5. Four Justices (1 Qu.) shall in Sessions inquire, hear and determine the annoiances of Bridges, and of the High-waies adjoyning within 300 foot next unto the said Bridges, and shall also charge such as should repair them by sending forth processes, and setting pains, as they shall think fit.
IV. When it cannot be known what Precinct shall repair a Bridge or Way, they shall be repaired by the County, Riding, or Corporation, within which they are situate, and if they happen to be situate in two of such Precincts, the inhabitants there shall repair their several parts respectively.
V. The said four Justices have power to call before them the Constables, or two able men of every Parish, and by their assent to make a tax, and to appoint Collectors to levy the same by distress and sale, and also to appoint Surveyours of such decayed Bridges and Wayes, unto whom the Collectors shall pay the money levied; which said Collectors and Surveyors shall render an account unto the said Justices, upon pain of imprisonment without bail.
VI. The Justices may in this case send process out of their jurisdiction, which the Officers to whom it is directed shall obey and serve, in pain to be fined by the said Justices.
VII. This Act shall not extend to the five Ports, nor to the members of the same: save onely that their Officers shall have such power to reform annoyances of Bridges and Wayes there, as the Justices of Peace have elsewhere by force of this Act.
VIII. The Justices shall allow to the Collectors and Surveyours their reasonable charges.
IX. Stat. 1 [...] Eliz. 17. A good Law for the maintenance [Page 52]of Rochester bridge in Kent. See the Statute.
X. Stat. 18 Eliz. 20. An Act for the repair of bridges and high-ways within one mile of Oxford. See it at large.
XI. Stat. 23 Eliz. 11. An Act for the re-edifying and maintenance of the bridges over Toffe, near Cardiff, in the County of Glamorgan in South-Wales.
XII. Stat. 27 Eliz. 25. Another Act for the repair of Rochester bridge.
XIII. Stat. 39 Eliz. 23. An Act for the making and repairing of Newport and Carlion bridges over the River Usk.
XIV. Stat. 39 El. 24. An Act for the building of a Bridge at Wilton upon Wye, in the County of Hereford, near Ross, and what Pontage shall be there taken.
XV. Stat. 43 Eliz. 16. An Act for the erecting and repairing of Edon and Presberk bridges in Cumberland.
XVI. Stat. 3 Jac. 23. An Act for new making and repairing of Chepstow bridge.
XVII. Stat. 3 Jac. 24. An Act for the building of Upton bridge over Severn in Worcester-shire within three years. Exp.
XVIII. Stat. 14 Car. 2. ca. 6. A clause for repairing and maintaining a bridge called Foot-bridge, in stead of another called Rey-bridge in Wiltshire.
XIX. Proviso, touching Stratford bridge in Hallingdon in the County of Sussex.
XX. The Surveyors of the high-ways are to see that all Bridges have sufficient walls, posts or railes four foot high.

☞ Brokers.

* I. Stat. 1 Jac. 21. The sale of goods wrongfully gotten to any Broker in London, Westminster, Southwark, or within two miles of London, shall not alter the property thereof.
II. If a Broker, having received such goods, shall not upon the request of the true owner truly discover them, how and when he came by them, and to whom they are conveyed, he shall forfeit the double value thereof to the said owner.
III. This Act shall not prejudice the ancient Trade of Brokers in London, being selected and sworn for that purpose; it being onely intended against Fripers and pawn-takers, who for the most part keep open shop.

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☞ Burning of Carts and Wood, cutting of Dams, Heads of Ponds, Conduits, Pipes, Tongues, and Ears, and Barking of Trees.

* I. Stat. 3. 7 H. 8.6. If any maliciously and willingly cut the head of a Pond, burn a Cart laden, a heap of wood prepared for coal, cut out the tongue of any tame beast being alive, or the ear or ears of any person, or bark any fruit-trees; for every such offence, he shall lose treble dammages to the party grieved, and pay 10 l. to the King.

☞ Butchers.

* I. Stat. Of Bakers and Brewers, cap. 7. 31 E. 1. A Butcher that sells Swines-flesh mezeled, or dead of the murrain; for the first offence he shall be amercied, for the second have the Pillory, for the third be imprisoned and make fine, for the fourth abjure the Town.
II. Stat. 4 H. 7.3. No Butcher shall kill any flesh in his Scalding-house, or within the walls of London, in pain to forfeit for every Ox so killed 12 d. and for every other beast 8 d. to be divided betwixt the King and the prosecutor.
III. The same Law shall extend to all other walled Towns, and to Cambridge, Barwick and Carlile onely excepted.
* IV. Stat. 15 Car. 2. cap. 8. No person using the trade of a Butcher shall at any time after Michaelmas next sell, offer or expose to sale, by himself or any servant or agent, any fat Oxen, Steers, Runts, Kine, Heifers, Calves, Sheep or Lambs alive, upon pain of forfeiture of double the value thereof, one moiety to the King and his heirs, the other moiety to him who shall sue for the same in any of his Majestie's Courts of Record, wherein no Essoin, Protection or Wager of Law shall be allowed.

See more under the Title of Calves and Cattel: And see Tanner n. 25. Also see Title Victuallers.

Butler of the King.

I. Stat. 25 E. 3. cap. 21. The Steward of the house and Treasurer of the Wardrobe shall give notice how much wine shall be taken by the Butler or his Lievtenant in every Port, which number shall not be exceeded.
[Page 54]II. A Certificate shall be made by the Mayor and Bailiffs there, under their seals, by Indenture betwixt them and such takers of wine to the said Steward and Treasurer, how much wine is so taken.
III. If the Butler, or his Lievtenant, take more wine, or any reward, or delay any by colour of his office (as by arrest) he shall forfeit double dammages to the party grieved, lose his office, be imprisoned, and be ransomed at the King's will.
* IV. Stat. 43 E. 3.3. The King's Butler or his Lievtenant shall take no more wine then he shall be commanded, in pain to be imprisoned, and ransomed at the King's will: and after ten days, the merchant may sell the residue, notwithstanding their arrest.

☞ Butter and Cheese.

I. Stat. 3 H. 6.4. The Lord Chancellor may grant licence under the Great Seal to any to convey Butter and Cheese to any other place besides the Staple, which then was of Calais.
II. Stat. 18 H. 6.3. Butter and Cheese may be conveyed to any place out of the Realm (being in the King's amity) without licence.
* III. Stat. 3 and 4 E. 6.21. None (except Inholders and Victuallers in their houses) shall buy any Butter or Cheese to sell again, save onely by retail in open Shop, Fair or Market; and so, not above a Wey of Cheese or a Barrel of Butter at one time, without fraud, in pain to forfeit the double value, to be divided betwixt the King and the prosecutor.
* IV. Stat. 21 Jac. 22. The Statute of 3 and 4 E. 6.21. and so much of the Statute of 5 and 6 E. 6.14. as concerns the buying and retailing Butter and Cheese, (which see in Fore-stallers) shall not extend to the retailers of Cheese in London, Westminster, or Southwark, having served seven years in that Trade, not uttering above four wey of Cheese, or four barrels of Butter at one time, without fraud.
V. Justices of Peace in Sessions have power to restrain the retailing of Butter and Cheese, during which restraint, those that rerail shall be liable to the penalties of 3 and 4 E 6.21. and 5 and 6 E. 6.14.
* VI. Stat. 14 Car. 2. ca. 26. Every kilderkin of Butter shall contain 132 pound, the Cask 20 l. the Firkin 56 of good butter, the Pot 14 pound, besides the Casks and Pots; and Farmers shall use no fraudulent dealings in packing, weighing with unwarrantable weights, mixing old, bad and decayed butter with new, or whey butter, or [Page 55]unreasonably salting the same, and a cask of butter shall be of the same sort, upon pain of forfeiture of the value of the butter false packed, and six times the value of what shall be wanting in weight.
VII. Cheesemongers and others selling butter shall deliver the full quantity of Kilderkins, Firkins, Casks and Pots, and the due quality thereof: and none shall repack butter for sale, upon forfeiture of the double value for such repacking.
VIII. Farmers and others shall pack their butter in sufficient and well-seasoned Casks, which shall be marked with the first letters of the Christian-names and Surnames of the sellers, and the weight of the butter, upon penalty of forfeiture of 10 s. for every 100 weight of butter not so marked.
IX. Potters shall mark their pots with their names, and the weight of the Pot, and set the first letter of their Christian name and Surname at length, upon pain for every default 12 d. and farmers shall not sell butter packed in other pots, upon pain of 2 s. for every default.
X. Offences against this Act shall be heard and determined in the Sessions of the Peace for the County, City or liberty where committed, by action of Debt, Indictment, Information or Presentment: and one half of the penalty to the poor of the Parish where the offence is committed, to be paid to the Church-wardens or Overseers, the other half to the Prosecutor.
XI. All Suits upon this Act shall be commenced within 4 months after the sale of such butter.

Cables, Halsors, and Ropes.

I. Stat. 21 H. 8.12. AN Act for true making of Cables, Halsors, and Ropes in Burport, and within five miles thereof. See the Statute at large.
* II. Stat. 35 Eliz. 8. None shall make, or cause to be made, any Cables of old stuff, which shall contain seven inches in compass, in pain to forfeit four times the value of every Cable so made: neither shall any tar, or cause to be tarred, any Halsors, or other Cordage made of old stuff, being of lesser Assise, nor put the same to sale; in pain to forfeit the treble value of every such Cable, Halsor, or other Cordage of lesser Assize then seven inches made and tarred as aforesaid.
[Page 56]III. The said forfeitures are to be divided betwixt the Queen and the prosecutor.

☞ Calves, and other Cattel.

I. Stat. 3, and 4 E. 6.19. No Cattel shall be bought but in open Fair or Market, and those not sold again in the same Fair or Market, in pain to forfeit the double value.
II. No Butcher shall buy any Cattel, and sell the same again alive, in pain to forfeit them.
* III. Stat. 2 and 3 P. and M. 3. He that keepeth above 120 sheep or 20 beasts upon every pasture-ground apt for Milch-kine, and not commonable, shall yearly for every 60 sheep, or 10 beasts, keep one Milch-cow, and for every 120 sheep, or 20 beasts, rear up one Calf, in pain to forfeit for every Cow or Calf not so kept or reared 20 s. viz. the one half to the King and Queen, and the other to the prosecutor, if he commence his suit within one year after the offence committed.
IV. Justices of Peace in Sess. have power to hear and determine the breach of this Statute.
V. This Act shall not binde such as keep sheep or feed beasts onely for their own provision.
VI. Stat. 7 Jac. 8. The Statute of 2 & 3 P. and M. 3. shall also extend to grounds, which since the said Act have been or shall be made several. See more Title Butchers.

Cambridge, and Cambridge-shire.

I. Stat. 34, 35 H. 8.24. An Act for the assurance of certain lands to John Hinde (then Serjeant at Law) and his heirs, paying yearly 10 l. toward the charges and wages of the Knights of the Parliament for Cambridge-shire for ever.
II. Stat. 35 H. 8.15. An Act for paving the streets in Cambridge. See these Statutes at large.

☞ Captains and Souldiers.

I. Stat. 5 R. 2.10. The Covenants of such as shall serve the King in his Wars or Embassies shall be recorded in the Exchequer, as also the repeal of their retinue, to the end a just account may be thereupon had, if need be.
* II. Stat. 18 H. 18. No Captain shall detain any part of his [Page 57]Souldiers wages, in pain to forfeit to the King 20 l. for every Spearman, and 10 l. for every Bow-man.
III. Howbeit, if they have been waged half a year, the Captain may detain 10 s. for the gown of a Gentleman, and 6 s. 8 d. for that of a Yeoman.
* IV. Stat. 18 H. 6.19. It is felony for a Souldier (retained to serve the King in his Wars) not to go with, or to depart from, his Captain without licence.
V. Officers shall arrest souldiers, who within the term limited come on this side the Sea without letters testimonial of their Captain, and shall retain them until the cause of their return be tried.
VI. Justices of Peace have power to hear and determine those offences. Vide Co. 6.27.
VII. Stat. 7 H. 7.1. A Captain which shall not have the whole number of his souldiers, or not pay them their due wages within six daies after he shall have received them, shall forfeit all his goods and chattels, and suffer imprisonment.
VIII. It is felony for a souldier retained, to depart from his colours without licence, for which he shall not enjoy the benefit of his Clergy.
IX. Justices of the Peace have power to enquire, hear, and determine of this offence of departing without licence, and the trial thereof shall be in the same County where the souldier is apprehended.
X. This Act shall not be prejudicial to Captains when souldiers die, or otherwise depart without any default of theirs, so that they therewith acquaint (at land) the Treasurer of the wars within ten daies after, or (at Sea) the Admiral at their next meeting with him. But, Quaere, whether this Statute survived H. 7.
XI. Stat. 3 H. 8.5. This Act is in all parts the same with 7 H. 7.1. save onely, that it shall not extend to Captains and souldiers in Barwick, Wales, Calice, or other places in France, nor to Captains having under them retinue of souldiers, or for nonpayment of the King's wages to Captains, houshold-servants. Quaere also, whether this survived H. 8.
* XII. Stat. 2 and 3 E. 6.2. A souldier that makes away his horse or arms (proof thereof being made before the chief Commander) shall suffer imprisonment without bail, untill he hath satisfied the party at whose charge he was sent out.
XIII. If such a souldier escape from the Army without punishment, he shall be liable to the same, to be inflicted upon him by any Justice of Peace in those parts where he shall be apprehended, [Page 58]unless he bring sufficient testimony from the Commander, that the horse or arms were otherwise lost, or imployed in the King's service.
XIV. It is felony (without benefit of Clergy) for a souldier retained, to depart without licence of his Commander, whereupon Justices of Peace may proceed as in case of felony.
XV. The Commissioner or Captain that licenseth any person retained, and assumeth another for gain, or which giveth to any licence to depart without warrant from the Commander, shall forfeit 20 l. to the King for every person so let go.
XVI. The Lievtenant-General, or other Officer, that receives more wages for souldiers then there is cause, and doth not every moneth (by a note in writing) acquaint the Treasurer of the Army with every souldier's entry into pay, death, or departure, shall forfeit 5 l. to the King, suffer one moneth's imprisonment, and lose his place.
XVII. None but the Commander shall license any, in pain of imprisonment both of the licenser and licensed, at the discretion of the said Commander.
XVIII. The Lievtenant-General shall command this Act to be proclaimed in the Army once every moneth, and every Governour in his fortress once every three moneths.
XIX. Every person which shall inform the Lievtenant of any of these offences, shall have a moneths pay belonging to him that is faulty.
XX. This Act shall not prohibit officers to retain yearly 6 s. 8 d. for the Coat of a Yeoman, and 12 s. 4 d. for the Coat of a Gentleman; neither shall it be prejudicial unto them, when the lack of souldiers is not through their default, nor when they have under them a retinue of souldiers, or for non-payment of the King's wages to their household-servants; neither shall it extend to prohibit relief of tenants or friends toward service in war, or the detaining of souldiers wages upon lawful causes.
☞ XXI. Stat. 43 E. 3. The more part of the Justices of P. yearly in their Easter-Sess. have power to charge every Parish towards a weekly relief of maimed souldiers and Mariners, so that no Parish pay weekly above 10 d. nor under 2 d. nor any County which consists of above 50 Parishes pay above 6 d. one Parish with another; which summs so taxed shall be assessed in every Parish by the Parishioners, or (in their default) by the Church-wardens and Constables, or (in their default) by the next Justice or Justices of Peace.
XXII. The Constables and Church-wardens of every Parish [Page 59]have power to levy the tax of every person refusing to pay it, by distress and sale, and (in their default) the said Justice or Justices next adjoyning.
XXIII. The tax being thus levied, the Constables and Churchwardens shall deliver it quarterly (ten daies before every Quarter-Sess.) to the High-Constable of their Division, who shall deliver it over to the Treasurers of the County at the same Quarter-Sessions.
XXIV. The Treasurers shall be Subsidy-mer [...], viz. of 10 l. in lands, or 15 l. in goods, and shall not continue in their office above one year, rendring up their accounts yearly at Easter-Sessions, or within ten daies after, to their Successors.
XXV. The Officer, his Executors, &c. that fails in payment of the summs levied shall forfeit, viz. the Church-wardens or Constables 20 s. and the High-Constables 40 s. which the Treasurers have power to levy (by distress and sale) in augmentation of their stock.
XXVI. The Treasurer (or his Executor, &c.) that hath been negligent to execute his office, or to render an account within the time above limited, shall be fined by the Justices of Peace in the Sess. 5. l. at least.
XXVII. The maimed Souldier or Mariner which was prest, shall repair (if he be able to travel) to the Treasurers of the County where he was prest; if he were not prest, then to the Treasurers of the County where he was born, or where he last dwelt by the space of three years, at his election: but if he be not able to travel, then to the Treasurers of the County where he lands.
XXVIII. He shall bring to any of the Treasurers aforesaid a Certificate under the hand and Seal of the chief Commander, or of the Captain under whom he served, containing the particulars of his hurts and services; which Certificate shall be also allowed by the Muster-master, or the Receiver-General of the Muster-rolls, under one of their hands.
XXIX. Upon such a Certificate, the Treasurers aforesaid may allow him relief to maintain him 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 [Page 60]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 [Page 61]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 o [...] 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.
- [Page 62]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 search for and seize arms in the custody of any person whom they shall think dangerous to the peace of the Kingdom: but no search to be made in any house in the night (other then in Cities and Towns corporate by warrant specially directing the same;) and no dwelling-house of any Peer to be searched but by warrant under the King's sign manual, or in presence of the Lievtenant or Deputy-Lievtenant of the same County: and the arms seised to be restored again, if it shall be thought sit.
XLVII. High-Constables and all other officers to be aiding and assisting to the Lievtenants and Deputy-Lievtenants, and to be saved harmless and indemnified for so doing.
XLVIII. Persons charged to find arms in Counties where they [Page 63]reside not, shall have notice sent to their tenants or servants there, who shall speedily thereof inform their masters or landlords, and bring an account thereof to the Deputy-Lievtenants: And upon neglect or refusal of the Land-lord, the Tenants shall provide arms, and doe as the Land-lord ought to have done: and if the Tenants refuse or make default, the penalties of this Act to be levied upon them. And such Tenants may defalk for such moneys as they expend for providing arms out of their Rents, unless the default and penalty were occasioned by their own neglect.
XLIX. Peers acting as Lievtenants or Deputy-Lievtenants shall before they act take the Oaths of Allegiance and Supremacy before six of the Privy Councel, and the Oath following. ‘I A. B. do declare and believe that it is not lawful upon any pretence whatsoever to take arms against the King; and that I do abhor that traitorous Position, That arms may be taken by his Authority against his Person, or against those that are commissioned by him in pursuance of such military Commissions: So help me God.’
L. Persons under the degree of Peers, before they act as Lievtenants or Deputy-Lievnants, shall take the oaths of Allegiance and Supremacy and the aforsaid oath before the Lievtenant or some Justice of the Peace of the respective Counties and places where they act. And the Lievtenant or any two Deputy-Leivtenants in their absence are enabled to administer the said Oaths to the said Officers and Souldiers.
The Trained-bands discharged.
LI. Times of training and exercising shall be as followeth.
- 1. The General muster and exercise of Regiments not above once a year.
- 2. Training and exercising single Companies not above 4 times a year, unless upon special direction by the King or Privy Councel; and the same not to continue above two daies.
- 3. At general Muster and Exercise of Regiments none shall be constrained to stay above 4 days from their habitations.
LII. At every Muster and exercise every Musketeer shall bring half a pound of Powder, every Horseman a quarter of a pound, at the charge of the Persons finding the said Souldiers.
LIII. The Armes and Furniture of an horse offensive and desensive shall be, viz. Defensive arms; A Back, Breastplate and Pot, the Breastplate and Pot Pistol-proof. Offensive arms; A sword and [Page 64]Case of Pistols, the barrells not under 14 inches in length. Furniture of a horse; A great Saddle-Pad with burrs and straps to affix the holsters unto, a bit and bridle, with a pectorall and Crupper.
LIV. Foot-armes; A Musket, the barrel not under 3 foot in length, and the bore for 12 bullets in the pound, a coller of bandeliers and sword.
LV. Pike-Arms; A Pike of Ash, not under 16 foot long, with a Back, breast, head-piece and sword.
LVI. The Militia of the Isle of Purbeck to remain seperate from the County of Dorset, and the Lievtenants and Deputy-Lievtenants there to exercise the same powers as in the said County.
LVII. Proviso, impowering the King, in case of dangers, during the space of 3 years from the 25 of June 1662. to raise money for defraying the charge and securing the Nation, the said summ not exceeding 70000 l. in one whole year.
LVIII. Proviso, That none be compelled to serve in person finding one sufficient man qualified according to the Act: And persons listed shall not be changed or desert the service without leave, upon pain of 20 l. to be levied by distress, and for want of distress by imprisonment of the party offending.
LIX. Proviso, Not to put any new charge upon the Tinners in Cornwall: But the Lord Warden of the Stannaries and his Deputies, by the King's Commission, may exercise the same powers for arraying, assessing and arming, as others, observing the customes and privileges of the Stannaries.
LX. Proviso, The Militia of London may continue to list the Trained-bands and Auxiliaries by the King's Commission: and that his Majesties Lievtenants for the said City by his warrant may assess and levy for defraying charges any summ yearly not exceeding the proportion which the City payeth to the tax of 70000 pound per mensem, and to be accountable as in this Act mentioned.
LXI. Proviso, That no Officer or Souldier of the Militia or Trained-bands of Cities, Boroughs or Corporations, or Ports, be compellable to appear out of the Liberties thereof at any Muster or exercise onely, and they are to be chargeable with the usual number of Souldiers, unless the Lievtenants find cause to lessen the same.
LXII. Proviso, Not to avoid any Covenant between Land-lord and tenant concerning finding horses or arms, or bearing the charges, taxes or rates for the same.
LXIII. Proviso, That this Act shall not alter the manner of raising [Page 65]horse or foot in the Isle of Wight, but the same to continue as now used and practised there.
LXIV. Proviso, That none be compelled to march out of this Kingdom, or be transported beyond the Seas, otherwise then by the law of this Kingdom ought to be done.
LXV. Proviso, That no Peer be charged with horse or foot souldiers or arms, but by Commission to so many Peers (not fewer then 12) as the King shall appoint under the great Seal, (except the monethly taxes to be levied as before in this Act) which Peers or any 5 of them shall have power to execute this Act in all things, except imprisonment of the person of any Peer: and the Assessment laid and penalties imposed shall be certified to the Lievtenants of the respective Counties, and the penalties levied by distress and sale of the goods of such Peer or his tenant, who may deduct the same out of his next rent.
LXVI. Stat. 12 Car. 2. ca. 16. All Officers and Souldiers of the Army disbanded, that were in service under General Monk 25 of April 1660. and instrumental in his Majestie's restauration, may exercise trades, such as have deserted the said service or refuse the Oath of Allegiance excepted: Vid. the Act and Proviso's at large.
LXVII. Stat. 14 Car. 2. ca. 8. An Act for distribution of 60000 l. amongst the truly loyal and indigent Commission-Officers of his Majesty and the late King, and for assessing of Offices, and distributing the moneys thereby raised for their supply. Vid. the said Act, and the Act of Explanation thereof, 15 Car. 2. cap. 3. Stat. 3.
LXVIII. Stat. 14 Car. 2. ca. 9. Officers, souldiers and mariners maimed, indigent and aged, which continued faithful to the King, and the Widows and Orphans of such as have died in the King's service, shall be provided for by pensions or otherwise by the Justices of the Peace in every County. See the Statute at large.
LXIX. Stat. 15 Car. 2 ca. 4. Stat 3. For better ordering the forces in the several Counties of this Kingdom. The several Lievtenants nominated by his Majesty, his Heirs and Successors, within their limits, and in their absence their Deputy-Lievtenants, or any two of them, may lead and exercise, or by warrants under their hands and seals cause to be led or put in readiness, all persons raised, arraied or weaponed according to the said Act, and this Act.
LXX. All persons charged, upon pain of forfeiting 5 s. shall pay and allow 2 s. 6 d. by the day to every trouper for maintenance of the man and horse; and upon pain of 2 s. shall allow 1 s. by the day [Page 66]for so many daies as they shall be absent by occasion of Muster, unless agreement be made to the contrary: the said penalty to be paid to the Souldier to whom such pay is denied, to be demanded within 6 weeks after default, or at or before the next Muster, and not afterwards.
LXXI. If any persons charged according to the said Acts refuse or neglect, by a reasonable time to be appointed, to provide and furnish Foot-souldiers and Arms as charged upon them, the Lievtenants and Deputy-Lievtenants, or any 3 of them, may inflict a penalty not exceeding 5 l. for every such offence, to be levied as followeth, and imployed to the same uses in default whereof the same was imposed.
LXXII. The Lievtenants and Deputy-Lievtenants, or any 3 of them, may appoint the Constables of every Parish to provide (upon penalties not exceeding 40 s. for every omission) so many sufficient Foot-arms (with wages and other incidents) as they shall think fit, according to the rules and proportions of the said Acts, upon revenues under 50 l. per annum, and personal estates under 600 l. within their Parishes.
LXXIII. If any person charged shall refuse or neglect to find a Foot-souldier, or pay him according to the rate signed by the Lievtenants, Deputy-Lievtenants, or any 3 of them, the Constables by warrant for that purpose may levy the same by distress and sale of the offender's goods, restoring the overplus, the charges of distraining deducted: and the Tenant may pay the same for any Land-lord, and deduct the same out of his Rent: and in default the Tenant's goods may be distrained and sold for the same.
LXXIV. Once in every year every Souldier shall pay the Muster-master such summ (not exceeding 1 s. an horse-man, and 6 d. a Foot-souldier) as the Lievtenants or Deputy-Lievtenants or any 3 of them under their hands and seals shall direct, which may be levied by distress and sale: and every Muster-master shall be an Inhabitant of the respective County.
LXXV. Every Musketier shall bring to every Muster half a pound of powder and half a pound of bullets, and if serving with a match-lock, 3 yards of match, and every horse-man a quarter of a pound of powder, and as much of bullets, at the charges of the persons charged with the said horse or foot-arms, upon pain of 5 s. for every omission thereof.
LXXVI. The Lievtenants or Deputy-Lievtenants, or any 3 of them, may for 3 years from the 24 of July 1663. summon and continue together the said trained forces so long as they shall judg convenient, in lieu of certain daies appointed for musters by the [Page 67]said Act, entitled An Act for ordering the Forces in the several Counties of this Kingdom.
LXXVII. Provided, any Troop or Company may be kept upon such duty by virtue hereof 14 daies and no longer in any one year.
LXXVIII. Provided, every commissioned Foot-officer in the Trained bands or Militia be excused from finding and contributing for horse and foot-souldier and arms for his whole estate, if he be charged but with one horse, &c.
LXXIX. Each Constable or other officer upon pain of 40 s. by virtue of any Warrant to them from the Deputy-Lievtenants or any three of them shall levy all arrears and proportions of money unpaid, charged for raising of forces as aforesad, by virtue of the said Act, by distress and sale of the offenders goods.
LXXX. Every Trouper and foot-souldier shall be subject to such exercise and duty as others charged by the said Act, and observe order upon like pains and penalties for any offences, and to be levied by the same waies and means as in the said Act.
LXXXI. The Lievtenants and Deputy-Lievtenants or any 3 of them may dispose of so much of the 4^th part of one moneths assessment, mentioned to be levied by the said Act yearly, to the inferiour officers for their pains, as to them shall seem expedient.
LXXXII. Every person sued for any thing done in execution of this Act may plead the general issue, and upon non-suit or discontinuance of the Plaintiff recover double costs: and no action shall be brought against any such, unless laid in the proper County, and commenced within six moneths after cause of action.
LXXXIII. All forfeitures, penalties and payments in case of defaults may be levied and recovered by warrants under the hands and seals of the Lievtenants and Deputy-Lievtenants, or any 3 of them, by sale of the goods of the offenders, and for want of goods by imprisonment until satisfaction.
LXXXIV. All persons which since the 25 of March 1662. have acted or done any thing in dismantling of any Cities or Towns, or demolishing of walls, or relating thereunto, are indemnified.
LXXXV. No person who hath an Estate of 200 l. per annum, or personal estate of 2000 l. shall be charged towards finding any foot; and any person who hath 100 l. per annum, and under 200 l. per annum, or a personal estate of 1200 l. and under 2000 l. may be chargeable towards horse or foot as the Deputy-Lievtenants or [Page 68]any three of them shall think fit: this not to extend to Cities, Corporations and Port-towns.
LXXXVI. Provided, the Warden of the Cinque-Ports and their members, in absence of the Lievtenants and Deputy-Lievtenants, may execute this Act: and the members thereof not to be charged for their estates lying out.
LXXXVII. Proviso, as in the former Act, touching the Parish of St. Martin called Stamford Baron in the Borough of Stamford, Com. Lincoln.
LXXXVIII. Seamen. Vid. Ships, num. 83.

Captives.

I. Stat. 16, 17 Car. 24. An Act for the relief of them taken by Turkish, Moorish and other Pirates, and to prevent the taking of others in time to come. See the Stat. at large.

Castles and Fortresses.

I. Magna Charta, 19. No Constable of Castle, or his Bailiff, shall take provision of a stranger without ready money; and one that dwelleth where the Castle is shall be paid for it within fourty dayes.
II. Magna Charta, 20. A Knight shall be freed from Castle-gard doing the service by himself or another, or being with the King in his Host.
III. West. 1.7. 3 E. 1. No Constable or Castellane shall exact any thing of any, but such as reside in their Town or Castle, unless it be an ancient price due to the King, Castle, or Lord of the Castle.

Certificate of the cause of Attainder, &c.

I. Stat. 34 H. 8.14. The Clerks of the Crown, Assise and Peace, shall certifie unto the King's Bench the tenor of every Indictment, Outlawry or Conviction and Clerks Attaint had before them respectively for any felony or other offence, and that within 40 days next after such attainder, conviction or outlawry, if it be Term-time; otherwise, within 20 dayes after the beginning of the Term next following the 40 dayes; and shall also deliver a transcript of the indictment to the Ordinary to whom the person attainted is committed: and all this in pain of 40 s. to the King and prosecutor. But note, that the transcript to the Ordinary need not now [Page 69]since the Statute of 18 Eliz. 7. which see after in Clergy.
* II. The Clerk of the Crown shall receive such certificates, in pain of 40 s. for every one refused.
III. When the indictment containeth more names then are convict, a transcript containing onely the names of such as are convict shall serve.
IV. The Clerk of the Crown being sent to by the Justices of Gaol-delivery or Peace for the name of any person so convict and certified, shall without delay send a certificate thereof, in pain of 40 s.
V. No certificates out of Wales, Chester, Lancaster, Duresm.

Cessavit.

I. Gloucester, cap. 4. 6 E. 1. If a Free-farmer cease to pay his rent two years together, the Lessor shall have a Cessavit against him and recover the land, unless before Judgment he pay the arrearages, and give security to pay duly for the future.
II. West. 2 cap. 21. 13 E. 1. A Cessavit by the Chief Lord against his Free-hold tenant that ceaseth per biennium.
III. A Cessavit is maintainable by the heir of the Demandant against the heir or assigne of the Tenant.

Challenge.

I. Stat. De Inquis. 33 E. 1. If one challengeth a Juror for the King, he shall forthwith assign the cause, which shall be presently tried by the discretion of the Justices.
II. If he alledge not a good cause, or it go against him, the Inquest shall be forthwith taken.
III. Stat. 7 H. 7.5. Riens diens le Garde shall not be admitted for challenge in London.
IV. Stat. 33 H. 8.23. Peremptory challenge shall not be admitted in cases of High Treason or misprision of Treason.
V. Stat. 1 E. 6.12. All Statutes made during the Reign of H. 8. touching challenges and forem pleas are confirmed.

Champerty.

* I. West. 1.25. 3 E. 1. No Officer of the King shall maintain plea of lands or other things, to have part thereof, or other profit by Covenant between them made, in pain to be punished at the King's will.
[Page 70]II. West. 2.49. 13 E. 1. The Chancellor, Treasurer, Justices, or any of the King's Councel, Clerks of Chancery, Exchequer, or of any Justice or other Officer, or any of the King's house, Clerk or Lay, shall not receive any Church or Advouson, Land or Tenement in fee, by gift, by purchace, to farm, by Champerty or otherwise, so long as the same thing is in plea, nor shall take any reward thereof, in pain to be punished at the King's will, both buier and seller.
III. Stat. 20 or 21 E. 1. made at Barwick. The attainted of Champerty shall suffer three years imprisonment, and be fineable at the King's will: where you have also the form of a Writ for remedy thereof to be issued out, by Gilbert de Thornton.
IV. Artic. super Chart. 11. 28 E. 1. None shall take upon him a business in suit with an intent to have part of the thing sued for, neither shall any upon any such Covenant give up his right to another; in pain that the taker shall forfeit to the King so much of his lands and goods as do amount to the value of the part so purchased for such maintenance, to be recovered by any that will sue for the King in the Court where the plea hangeth.
V. This shall not prohibit any to take counsel at Law for the fee, or of his parents or friends.
VI. Stat. 33 E. 1. Anno Domini, 1304. Champertors are such as move pleas and suits, or cause them to be moved, either by themselves or others, and prosecute them at their own charge, to have part of the thing in variance, or part of the gains.
VII. Stat. 33 E. 1. Anno Domini 1305. None of our Court, of Pleaders, Attorneys, Stewards, Bailiffs or any other, shall take any plea or suit to Champerty, or for maintenance; in pain that they together with the consenters thereunto shall suffer three years imprisonment, and be fined at the King's will. See also there the form of a Writ for the same purpose, and also against Conspirators.

Chancery, Masters in Chancery.

I. Artic. super Chart. 5. 28 E. 1. The Chancellour and the Justices of his Bench shall follow the King, to the end he may have always near him such as be learned in the Laws, to order matters that shall come to the Court.
II. Stat. 36 E. 3.9. Whosoever findeth himself grieved with any Statute shall have his remedy in the Chancery.
III. Stat. Car. 2. not printed. The office of the Masters in Chancery being of very ancient institution and necessary attendance [Page 71]for dispatch of business in the Court, and being thought more proper and safe for the subject in general, that Affidavits, Answers, Recognisances and acknowledgments of Deeds should be in some publick place, then in private studies and houses as formerly, and for the just incouragement of the said Masters, for their attendance and support in due discharge of their places; enacted, that one publick office be kept, and no more, near the Rolls, in which the said Masters, some or one of them, shall constantly attend, for the administring of oaths, caption of deeds and recognisances, and dispatch of all matters incident to their office (References upon accounts and insufficient answers onely excepted) from 7 a clock in the morning until 12 at noon, and from 2 in the afternoon until 6 at night: and the said Masters may demand and take the Fees following, viz.
- For every Affidavit or oath taken in the said office, 12 d.
- For every bill of Costs to be taxed by them for the Plaintiff's not putting in his bill, or not proceeding to reply, or for the Defendant's not appearing in due time, 2 s. 6 d.
- For the acknowledgment of every deed to be enrolled, 2 s.
- For the caption of every recognisance, 2 s.
- For every exemplification examined by two of the said Masters, to each of the said Masters who shall examine the same, for every skin of parchment so examined, 2 s.
- For every Report or Certificate to be made in pursuance of any order made upon hearing of the cause, 20 s.
- And for every other Certificate or Report of any order made upon petition or motion onely, 10 s.
- To be paid by the party that takes out the Report or Certificate.
- And if any master directly or indirectly receive any money, see, reward or promise otherwise or for any other matter in this Act then as aforesaid, every such Master, after legal conviction, to be disabled from the execution of his office, and forfeit to the party grieved so much money as he shall take contrary to this Act, and moreover 100 l. one moiety to the King, and the other to the party grieved that shall sue for the same.
- And several Tables of the said Fees to be set up in the said office and in the Chappel of the Rolls, that all parties may take notice thereof. See Clerks of the Chancery.

Chelsey.

I. Stat. 7 Ja. 6. A College shall be erected at Chelsey, and a trench shall be made to convey water from the river of Lee to London to maintain the same.

[Page 72]

Chester and Cheshire.

I. Stat. 1 H. 4.18. If any inhabitant of the County of Chester commit murther or felony in another County, process shall be made against him to the Exigent in the County where the offence was done, and if he then flie into Cheshire, the Exigent or Outlawry shall be certified to the Officers of Cheshire, who shall thereupon take the offender, and seize his lands and tenements, and goods and chattels, for the Prince's use; the King shall also have his year, day and waste; likewise his lands and goods in other Counties shall remain forfeit to the King and other Lords, having thereof Franchise. The like process and proceeding shall be also had against the offender in battery or trespass so committed, and his goods and chattels shall be forfeited to the King, Prince or Lords respectively, as aforesaid.
☞ II. Stat. 27 H. 8.5. Justices of the Peace, Quorum and Gaol-delivery, are to be nominated and made in Chester and Wales by the Lord Chancellor, or Keeper of the Great Seal of England, in like manner as within the Realm of England, which Justices shall certifie their extracts, and the severall Sheriffs make their accounts, as in the said Statute is directed.
III. The Justices and Clerks of the Peace shall have like fees as in England, and inferiour Officers shall be attendant to the Justices.
☞ IV. Stat. 32 H. 8.43. Sessions shall be kept by the Justices for the time being in the County of Chester twice in the year onely, viz. at Michaelmas and Easter-Sessions; and the old order of keeping the County-daies shall cease.
V. Stat. 33 H. 8.13. The Sheriff of the County of Chester shall keep his County-Court monethly in the Shire-Hall of the said County.
VI. The Justicer or his Deputy may keep their two Sessions at what time of the year they please, so they cause them to be proclaimed 15 days before.
VII. Stat. 34 H. 8.13. The County of Chester shall have two Knights, and the City of Chester two Burgesses for the Parliament.
VIII. No Writ of Course in the nature of a Protection shall be granted in the County Palatine of Chester.
IX. Stat. 2 E. 6.31. All Recognisances of Statutes-Merchant, &c. acknowledged before the Mayor of Chester shall be good in Law.
[Page 73]X. Stat. 43 Eliz. 15. Fines may be levied before the Mayor of the City of Chester for lands lying there.
XI A Dedimus potestatem may be granted by the Mayor of Chester to take the acknowledgment of a fine.
XII. Howbeit, Fines taken before the Mayor may (upon errour) be reversed before the High Justice of the County Palatine of Chester.

Chimney-money. Vid. Title King, n. 8.

Chirographers.

I. Stat. 2 H. 4.8. The Chirographer or his Deputy shall take but 4 s. for a fine, in pain to forfeit his Office, be judged before the Court, suffer a year's imprisonment, and pay treble dammages to the party grieved, to be recovered before the Justices of the same Court.

Church-yard.

I. Stat. Nè rectores prosternant Arbores in coemeterio, 35 E. 1. Parsons of Churches shall not cut down trees growing in the Church-yards, unless for the necessary repair of the Chancel, or (in charity) of the body of the Church.

See Title Fighting and quarrelling. And see Arrests, num. 1, 2 & 3.

Citation.

I. West. 2.43. 13 E. 1. Hospitallers and Templers shall draw none into suit before the keepers of their privileges; neither shall their keepers cite any, to the prejudice of the King or Crown.
* II. Stat. 23 H. 8.9. None shall be cited to appear out of the Diocess or peculiar jurisdiction where he or she dwelleth, except by some Ecclesiastical or other person within the Diocess or other jurisdiction whereunto he is so cited, for some offence or cause committed or omitted, contrary to right or duty, or upon an appeal or other lawful cause, or when the Judge dares not nor will not cause him to be cited, or is any way party to the suit, or at the instance of the inferiour Judge to the superiour, where the Law civil or Canon doth allow it; and all this, in [Page 74]pain to forfeit double dammages to the party grieved, and 10 l. to the King, to be divided betwixt him and the prosecutor.
III. The Arch-bishop may cite for heresie in any Diocese within his Province, upon consent or neglect of the Bishop or Judge there.
IV. This Act shall not restrain the jurisdiction of the Prerogative Court for Probate of Testaments.
V. The Ecclesiastical Judge shall take but 3 d. for a Citation, upon the pains aforesaid.

Clap-board.

I. Stat. 35 El. 11. For every six tun of Beer exported, the same Cask, or as good, or 200 of Clap-board fit to make Cask, shall be imported, or (if they be transported into Ireland) 200 of Shaffold-board, which Clap-board or Shaffold-board by a Stranger shall be left here before the Beer be exported, but by a Subject shall be left here or provided within four moneths after.
II. The Clapboard shall contain 3 foot 2 inches (at least) in length, and the Cask shall be entred at the Custom-house.
III. The same Law for strangers that transport fish in Cask, and the penalty of breaking their Laws is the forfeiture of the Beer, Fish and Cask.
IV. None shall transport any Wine-cask with Beer or Beerager, or Wine-cask shaken, except for victualling of a Ship or other vessel, or some of her Majestie's Garrisons beyond sea, in pain to forfeit 40 s. for every tun of Cask so transported.
V. This Act shall not prohibit the transportation of Herrings in Cask.

☞ Clergy.

I. West. 1.2. 3 E. 1. A Clerk convict for felony and delivered to the Ordinary shall not be enlarged without due purgation.
II. Stat. De Bigamis 5. 4 E. 1. Bigamus shall not be allowed Clergy.
III. Artic. Cleri, 15. 9 E. 2. A Clerk flying into the Church for felony, shall not be compelled to abjure.
IV. Artic. Cleri, 16. [...] E. 2. The privilege of the Church being demanded by the Ordinary shall not be denied to a Clerk that hath confessed felony, who is called an appealor or approver.
[Page 75]V. Stat. 18 E. 3. pro clero, 2. Bigamy shall not be tried by Inquest, but by certificate from the Ordinary, until which time the party shall remain in prison, unless bailable.
VI. Stat. 25 E. 3. pro Clero, 4. Every Clerk convicted of any treason or felony (not touching the King himself) shall be delivered to the Ordinary.
VII. Stat. 25 E. 3. pro Clero, 5. A Clerk shall be arraigned of all his offences at once.
VIII. Stat. 4 H. 4.2. The words, Insidiatores viarum, & depopulatores agrorum, shall not be put in indictments or appeals.
IX. Clerks shall be allowed their Clergy, notwithstanding an indictment hath the words aforesaid inserted in it.
X. Stat. 4 H. 4.3. A Clerk convict shall make purgation according to a constitution made by Simon Arch-bishop of Canterbury.
XI. Stat. 4 H. 7.13. The benefit of Clergy shall be allowed but once.
XII. A convict person shall be marked openly before the Judge upon the brawn of his left thumb, viz. with an M for murther, and with a T for another felony.
XIII. He that is within Orders, upon asking of his Clergy, shall shew his orders, or his Ordinarie's certificate.
XIV. Stat. 12 H. 7.7. No Lay-person that doth murther his Lord or master shall have his Clergy.
XV. Stat. 23 H. 8.1. None (except Clerks within orders) which by the Law shall be found guilty of petty treason, murther, sacrilege, burglary, robbery, or house-breaking, nor their accessaries, shall be admitted to the benefit of Clergy.
XVI. A Clerk within Orders, being principal or accessary to any of the offences above-said, shall not be admitted to his purgation, nor be enlarged by the Ordinary, untill he shall have bound himself with two good sureties before two Justices (1. Qu.) to be of good behaviour.
XVII. This Act shall give no benefit to any persons which after outlawry, or attainder for felony or murther, are admitted to their Clergy, but that such shall still remain in the custody of the Ordinary without making purgation.
XVIII. The Ordinary may degrade a convict person, and send him to the King's Bench, where the Justices shall have power to give judgment upon him, according to which he shall be executed.
XIX. Stat. 23 H. 8.11. A convict person within Orders shall be delivered to the Ordinary, there to remain without any [Page 76]purgation; yet may the Ordinary (in that case) degrade him, and send him to the King's Bench, where the Justices may proceed against him as before.
XX. Stat. 25 H. 8.3. None shall have benefit of clergy which, being accused of any of the offences mentioned in the 23 H. 8.1. are found guilty and mute, challenge above twenty, or answer not directly; albeit the offence were committed in another County then where they were tried.
XXI. Stat. 26 H. 8.12. A remedy where there be no Justices of Peace in that County in Wales where the Clerk convict doth remain in prison.
XXII. Stat. 28. 8 H. 1. Such as be within holy orders shall receive no other benefit of Clergy then others do. Stat. 32 H. 8.3.
XXIII. Stat. 37 H. 8.8. None attainted for horse-stealing shall have the benefit of Clergy. See 2, 3 E. 6.33.
XXIV. Stat. 1 E. 6.12. All Felons shall have the benefit of Clergy, save onely such as are found guilty of murther, poisoning, burglary, robbery, horse-stealing, or sacrilege, or which upon their arraignment of any of the same offences confess the same, stand mute, or make no direct answer thereunto. See also for Horse-stealing the Statute of 2, 3 E. 6.33.
XXV. This Act shall not extend to Treason, petty Treason, or misprision of Treason.
XXVI. A Peer of the Realm, for his first offence of Felony, though he cannot read, shall be admitted to his purgation, as a Clerk convict.
XXVII. Bigamus, being a Felon, shall be admitted to his Clergy as well as any other.
XXVIII. Stat. 5, 6 E. 6.9. Clergy shall not be admitted to a Burglar, although the offence be committed without the notice of the owner, children or servants, or any of them being within the house or precincts of the same; so it is also for Burglary committed in Booths or Tents.
XXIX. Stat. 5, 6 E. 6.10. The Statute of 25 H. 8.3. shall stand in force concerning the trial of offenders in another County then where the offence was commited, notwithstanding the Statute of 1 E. 6.12. which seems to take away the force thereof; so that such an offender shall not have his Clergy, albeit the trial happen to be in another county then where such offence was committed.
XXX. Stat. 4, 5 P & M. 4. Accessaries (before the fact) which are found guilty of petty treason, murther, burglary, robbery, [Page 77]or house-burning, or which upon their arraignment for these offences stand mute, challenge above twenty, or answer not directly, shall not enjoy the benefit of Clergy.
XXXI. In this case Peers shall be tried by their Peers.
XXXII. Stat. 8 Eliz. 4. None that taketh any thing privily or feloniously from the person of another, or upon his arraignment shall confess the same, not answer directly, stand mute, challenge above twenty, or be outlawed for it, shall have the benefit of his Clergy.
XXXIII. One delivered to the Ordinary and admitted to his Clergy shall (notwithstanding his purgation) answer for offences formerly committed.
XXXIV. Stat. 18 El. 7. None shall have Clergy that committeth Rape or Burglary.
XXXV. An offender admitted to his Clergy, after burning in the hand, shall not be delivered to the Ordinary, as hath been used, but shall thereupon be enlarged by the Justices before whom such Clergy shall be granted, or by them detained longer in prison at their discretion, so it be not for longer time then one whole year.
XXXVI. To know a woman carnally under the age of ten years, is Felony.
XXXVII. One admitted to his Clergy shall nevertheless answer for other felonies.
XXXVIII. Stat. 39 Eliz. 9. He that taketh away a woman against her will (having lands or goods, or being heir apparent to her Ancestor) contrary to the Stat. of 3 H. 7.2. or being arraigned for such offence, stands mute, answers not directly, or challengeth above twenty, shall not have the benefit of Clergy.
XXXIX. The same Law against Procurors and Accessaries before such offences committed.
XL. Stat. 39 Eliz. 15. Clergy shall not be allowed to any that feloniously takes away any thing in the day-time amounting to the value of 5 s. out of any dwelling-house or out-house, albeit no person be within or near the same.
XLI. Stat. 1 Jac. 8. He that stabs or thrusts any person, not having a weapon drawn, or not striking first, so that he dies thereof within fix moneths after, although it be not of malice or fore-thought, shall not enjoy the benefit of Clergy.
XLII. This Act shall not extend to charge any of stabbing or thrusting when it is done onely se defendendo, by misfortune, or in chastising his child or servant, with no purpose to commit Manslaughter.
[Page 78]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-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; [Page 79]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 [Page 80]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 Commissioners for paving and mending the streets, [Page 81]who are enabled to call the Commissioners for Hackney-coaches to accompt for the same.
VI. All Fines, Rents, Forfeitures and Penalties due to the Commissioners upon this Act shall be levied by distress, by Warrant under the hands and seals of any 5 of the Commissioners, and for want of distress by Imprisonment of the persons untill satisfaction.

Coals.

I. Stat. 16 & 17 Car. 2. cap. 2. After the 6th of March 1664. all sorts of Sea-coals, brought into the River of Thames and sold, shall be sold by the chaldron, containing 36 bushells heaped, and according to the bushell sealed for that purpose at Guild-hall London, and so proportionably.
II. All other Coals, commonly sold by weight, after 112 pound to the hundred, upon pain of forfeiture of all the Coals otherwise sold or exposed to sale by any Woodmonger or retailer of Coals, and the double value thereof, to be recovered in any Court of Record, or by complaint to the Lord Mayor of London, and Justices of the Peace within the City and liberties, or any two Justices of the Peace of the several Counties where such Coals shall be exposed to sale; who upon due pro of upon oath may convict the offenders, and give Warrant under their hands and seals for levying the forfeitures, one half to the person complaining, the other half for the poor, or repairing high-ways within the same parish, or any other adjoyning parish, by their direction or Warrant.
III. The said Lord Mayor and Court of Aldermen of London, and Justices of Peace in their several Counties, or any 3 of them, whereof one of the Quorum, may set rates or prices upon such Coals to be sold by retail, allowing competent clear profit to the retailer.
IV. If any ingrosser or retailer refuse to sell as aforesaid, they may appoint officers or other persons to enter into any Wharf or Place where such Coals are stored, and if refused, taking a Constable force entrance, and sell the said Coals at such rates, rendring the money to the ingrosser or retailer, necessary charges deducted.
This Act to continue 3 years next, and to the end of the next session of Parliament, and no longer.
V. Provided no person be sued upon any other Act for the same offence; and that the general issue may be pleaded by the defendant [Page 82]to any action upon this Act, and upon verdict for the def. or that the plaintiff be nonsuit, to have dammages, and double costs.
VI. Provided that no person, having any interest in any Wharf used for receiving or uttering Coals, or trading by himself, or in any others name, in engrossing or selling Coals, shall intermeddle in setting the prices thereof.

Collectors.

I. Stat. 18 H. 6.5. None appointed to be a Collector of a fifteen in a City or Borough, shall be also Collector in the same County, unless he may dispend in the County out of such City in lands 5 l per annum, above all reprises.
II. Stat. 14 Car. 2. cap. 18. An Act for relief of Collectors of publick money, and their assistants and deputies.

Commission, and Commissioners.

I. Stat. 42 E. 3.4. Commissions of Inquiries shall be made to the Justices of the one Bench or the other, Justices of Assize, Justices of Peace, with others of the most worthy in the Countrey, save in the Office of the Escheatorship.
II. Stat. 4. H. 4.9. If any be distrained by Writ out of the Exchequer for not returning a Commission which never came to their hands, the Chancellor of England (calling to him some of the Justices, and the chief Baron, if need be) hath power to give remedy therein.
III. Stat. 7 H. 4.11. Commissioners not receiving a Commission shall be discharged thereof upon oath.
IV. The Barons of the Exchequer have power to administer the oath, and to discharge them thereupon.
V. The Barons of the Exchequer, and the Justices of either Bench, have also power (by Dedimus potestatem) to receive such oaths in the Country, and the Justices shall make certificate thereof into the Exchequer, and thereupon also the Barons shall discharge the Commissioners, their heirs, executors, and land-tenants.
VI. Such oaths are not to be taken but in case of Commissions of Oyer and Terminer, and of inquiry and certifying onely.

[Page 83]

Common Pleas.

I. Magna Charta, 11. 9 H. 3. Common Pleas shall not follow the Court, but shall be holden in some place certain.
II. Artic. super Chart. 4. 28 E. 1. Common Pleas shall not be holden in the Exchequer, contrary to the form of the Gre [...] Charter.

Common Prayer. See Religion.

Conditions.

I. Stat. 32 H. 8.34. Grantees of Reversions may take advantage of conditions and covenants against Lessees of the same lands, as fully as the Lessors, their heirs or successors, might have done.
II. Lessees may also have the like remedy against the grantees of Reversions, which they might have had against their lessors or grantors, their heirs or successors; all advantage of recoveries in value, by reason of any warranty in Deed or Law by Voucher, or otherwise, onely excepted.

Confirmation.

I. Marlbr. 5. 52 H. 3. The Great Charter, and that of the Forest, shall be duely observed and inquired of before the Justices in Eyre, and the Sheriffs in their Counties, and the offenders shall be grievously punished by the King.
II. Stat. 25 E. 1. cap. 1, 2, 3, & 4. The Great Charters are confirmed, judgments given against them shall be void; they shall be read in all Cathedral Churche [...] and Excommunication shall be pronounced against the breakers of them.
III. Artic. super Chart. 1. 28 E. 1. The Great Charter, and that also of the Forest, shall be duly observed.
IV. They shall be read four times in the year in a full County-Court, viz. at the Counties after Mich. Christm. Easter, and St. John Baptist.
V. There shall be three Knights, or other substantial men, chosen by the Commonalty in every County, to hear plaints concerning the Charters, and to determine them without such delay as is used at the Common Law; but they shall not in their proceeding prejudice the Common Law, or the Charters.
[Page 84]VI. They shall have their power by the King's Writ under the Great Seal, and the Sheriffs and Bailiffs shall be attendant upon them.
VII. Stat 1 E. 3.1. The Great Charter, and that of the Forest, shall be duly kept and put in execution. See Ann. 2.4.5.10.14. 28.31.36.37.42. & 45 E. 3. cap. 1. & 50 E. 3. cap. 2. and Ann. 1.2. Stat. 2.5.6. Stat. 1. cap. 1.7. cap. 2.8. & 12 R. 2. cap. 1. also Ann. 1.2.4.7.9. & 13 H. 4. cap. 1. likewise Ann. 4 H. 5. cap. 1.
VIII. Stat. 10 E. 3.1. All Statutes not repealed shall be kept and put in execution. See also 28.36.37. & 38 E. 3. cap. 1. and 1.2. Stat. 2.35.6. cap. 1.7. cap. 2.8.9. & 12 R. 2. cap. 1. and 15 R. 2. cap. 1. and 1.2.4.7.9. & 13. 4 H. 5. cap. 1.
IX. Stat. 42 E. 3. If any Statute be made contrary to Magna Charta, or Charta de Foresta, it shall be void.
X. Stat. 1 H. 4.4. The Parliament holden in Ann. 11 R. 2. shall be holden and kept according to the purport thereof, as a thing done to the great honour and common profit of the Realm.
XI. Stat. 1 E. 4.1. An Act was made, whereby was confirmed all Judicial Acts, Exemplifications, Concords, Recoveries, Process in Court, &c. made in the times of H. 4. H. 5. and H. 6. and all grants and letters Patents (of divers things mentioned in the said Act) made by any of the said three kings. See the Statute at large.
XII. The confirmation of divers particular Statutes. See under their proper titles.

☞ Conjuration, Enchantment, and Witchcraft.

* I. Stat. 1. Jac. 12. If any shall be convicted to have used any invocation or conjuration of any evil Spirit, or to have consulted, covenanted with, entertained, imployed, fed or rewarded any such Spirit, or taken up any dead person, or the skin, bone, or other part thereof, to have used in Witchcraft, Sorcery, charm or inchantment, or to have used any of the said Arts to kill, consume, and lame any person, they, together with their accessaries before the facts, shall suffer as felons, without benefit of Clergie.
II. If any shall be convicted to have by Witchcraft, Sorcery, Charm, or Inchantment, undertaken to tell where any treasure or goods lost or stollen may be found, or are become, or to provoke any to unlawfull love, or to destroy or hurt any cattel, goods, or person, albeit the same be not effected; they shall for the first offence suffer one year's imprisonment without bail, once every quarter of that year-stand six hours upon the pillory, in some open Fair or Market, and there make open confession of the offence committed; [Page 85]and for the second offence, shall suffer as felons, without benefit of Clergie.
III. But in these cases shall be no loss of dower, or disherison of heir. And a Peer (being an offender) shall be tried by his Peers.

☞ Conspiracie.

I. Artic. sup. Charta, 10. 28 E. 1. Against Conspirators, false Informers, and imbraceors of inquests, the King hath provided a Writ in the Chancery, and the Justices of either Bench, and Justices of Assize, shall upon every plaint thereof award inquests thereupon without Writ.
II. Stat. 33 E. 1. Conspirators are such as bind themselves by oath or other alliance falsly and maliciously to indict, and falsly to move and maintain pleas, and such as cause children within age to appeal men of felony, and retain men to maintain their malicious enterprizes: And this extendeth as well to the takers as givers; and also Stewards and Bailiffs, who by their power maintain debates that concern not their Lords, but other parties.
III. Stat. 7 H. 5. Whereas divers have been indicted for treasons and felonies supposed to be committed in places, there being none such to be found; every Justice having power to hear and determine such offences by the oath of twelve men (whereof each shall have Free-hold within the County of the yearly value of 5 l. besides all reprises) shall before Exigent inquire of Office, whether there be (indeed) any such places or no: And if there be no such place or places in the County where such appeals or indictments are made, they and the process thereupon shall be void; and the Indictors shall be punished by imprisonment, fine and ransome, at the discretion of the said Justices; and if any Exigent be awarded before inquisition, it shall be also void. This Act to continue in force untill the next Parliament.
IV. Stat. 9 H. 5.1. The Stat. of 7 H. 5. shall continue in force untill the next Parliament after the King's return from beyond Sea.
V. Stat. 18 H. 6.12. The Statute of 9 H. 5.1. made perpetual, because (H. 5. dying beyond Sea) some were of opinion it was expired.

Constable and Marshal.

I. Stat. 8 R. 2.5. The Constable and Marshall shall not have conusance of Pleas or suits, which ought to be discussed at the Common Law.
[Page 86]II. Stat. 13 R. 2. Stat. 1.2. The Constable of England hath cognisance of things concerning Arms and Wars, which cannot be discussed by the Common Law.
III. In this Court, the Plaintiff shall plainly declare his matter in his Petition before the Defendant be sent for.
IV. When a Plea is commenced before the Constable and Marshall which may be tried at the Common Law, the party grieved shall have a privy Seal to cause the Constable and Marshall to cease, untill it may be decided by the King's Councel, whether it may be tried there or at the Common Law.

Contra formam Collationis.

I. West. 2.41. 13 E. 1. If lands given to Abbies, Priories, Hospitals, or other Religious Houses, or to maintain a Chantery, a light, or Alms, be alienated, the King shall seize it, and the purchaser shall lose both the land and his money.
II. If the house were founded by a Subject, he shall recover the land by a Writ; which see in the Statute at large.
III. If it were given to maintain a Chanterie, a light, or Alms, and not aliened, but the duty withdrawn two years together, the donor or his heir shall recover it by Cessavit.

Conventicles.

1. Stat. 16 Car. 2. cap. 4. The Stat. of 35 El. cap. 1. declared to be in force, and further remedies against the dangerous practices of seditious Sectaries, and other meetings in Conventicles, under colour of exercise of Religion: and the Act at large, being upon continuance for 3 years after the end of this Parliament, and to the end of the next session of Parliament, after the said 3 years, and no longer.

Conusance.

I. Stat. 9 H. 4.5. Where in Assizes and Pleas of land or rent within Franchises and ancient Demesne against certain persons, the names of the Mayors, Bailiffs, or Communalties in Franchises, and of the Lords or Bailiffs in ancient Demesne, are therein also by collusion inserted, supposing them also to be disseisors, or tenants of the land, and with purpose to exclude them from the conusance of the matter in Plea, which by reason of their Franchises and Liberties ought to be discussed before them; in such Assizes and Writs [Page 87]the Justices shall (upon request) first inquire by the same Assize, whether they be (indeed) disseisors or tenants, or whether their names be inserted by fraud, as aforesaid.
II. If it shall be found by fraud, the Assizes or Writs shall abate, and the Plaintiff shall be grievously amercied; notwithstanding there be others named therein, who are in truth disseisors or tenants.
III. Stat. 8. H. 6.26. In Assizes or personal actions, if the Defendant make default by collusion, with purpose that Mayors, Bailiffs, or other Communalties, or Lords and Bailiffs should lose their jurisdictions, the Justices shall (upon request) inquire thereof by Assizes or inquests, where both the Plaintiffs and the owners of such Franchises and Liberties may have their challenges: And if collusion be found, the Writs shall abate, and the Plaintiff shall be amercied.

Copiholds.

I. Stat. 7 Jac. 21. Compositions made by Decrees in the Exchequer and Duchie Chambers with the Kings Copihold tenants concerning their Copiholds, within three years from the first day of this Parliament, are confirmed, saving the right of all others.

☞ Cordwainers, Curriers, Tanners, and Leather.

* I. Stat. 27 H. 8.14. None shall pack any Leather to be transported but by a Packer sworn, in pain to forfeit the leather, or the value thereof: And every stranger shall pay for the custome of a Dicker of leather 4 s. 9 d. and a Denizon 4 s. 1 d.
II. The Customers and Controllers shall name and appoint a Toller in every Port where none are, and shall also give him his oath for the due execution of his Office in the presence of the Customer and Controller, or their Deputie or Deputies.
III. The fee for tolling leather is, for every Dicker, of a stranger, 6 d. whereof the Toller is to have 2 d. and the Communalty there the rest; of a Denizon, 4 d. to be divided betwixt the Toller and the Communalty; and of a Free-man of the Port, 2 d.
IV. The Customers and Controllers shall also appoint and swear a Packer in every Port respectively, who may put up in one pack as many Dickers under seven as the owner of the leather pleaseth; and his fee is 4 d. a pack.
V. If the Packer pack any leather before it be tolled and entred by the Customer or his Deputy, or pack more then shall be entred, [Page 88]he shall forfeit for every such offence 5 l. and suffer imprisonment at the King's pleasure; and if the Toller number any leather in the absence of the Customer, Controller, or his or their Deputy or Deputies, he shall forfeit five marks.
VI. If any stranger, or his Factor, convey any leather from one Port to another, with an intent to transport it also afterwards from the second Port, he shall cause the same to be Tolled, entred, and packed at the second Port, and shall have a certificate thereof from the Customer there, in pain to forfeit the same, or the value thereof.
VII. None having a Tanne-house shall transport any leather (without the King's licence) in pain to forfeit the same, or the value thereof.
VIII. These forfeitures shall be divided betwixt the King and the prosecutor.
IX. This Act shall not prohibit a Captain of a Ship of the King's in time of war, nor the owner nor Master of a Ship bound for a voyage, to take salt hides with them, so they exceed not the number of 18 Also untanned hides of beasts killed in Wales, or the Marches, may be transported notwithstanding this Act, except by one keeping a Tanne-house.
* X. Stat. 5 E. 6.15. None shall buy or ingross leather, to the intent to sell the same again, in pain to forfeit the same leather, or the value thereof, to be divided betwixt the King and the prosecutor or seisor.
XI. This Statute shall not restrain Girdlers, or other Artificers, to sell their necks, wombs, or shreds, nor the buying of so much leather as the party which buyes it hath license to transport.
XII. None shall transport any Shoes, Boots, Buskins, Start-ups, or Slippers, in pain to forfeit the same, or the value thereof, to be divided betwixt the King and the prosecutor or seisor.
XIII. No Girdler, or other cutter of leather, shall curry it in his own house, in pain to forfeit the same, to be divided betwixt the King and the prosecutor.
* XIV. Stat. 1 M. Parl. 2.8. No Artificer using the Mysterie of leather-buying shall buy any leather, and sell the same again to be transported, in pain to forfeit the same, to be divided betwixt the King and the prosecutor.
XV. No Curriers in London shall use their own stuff, in pain to forfeit the leather otherwise curried.
XVI. No Currier shall curry any hides betwixt St. James-tide and the Ladie-day, but onely such as have been sufficiently dipped twice in the pan, in pain to forfeit the same, to be divided as aforesaid.
XVII. A Currier shall dress his leather within the space of five [Page 89]days in Summer, and of ten days in Winter, in pain to forfeit to the party grieved for every hide otherwise dressed 10 s.
* XVIII. Stat. 5 El. 22. None shall make any Pelts, viz. pull or take away any wool from any Sheep or Lamb-skins, or buy any kind of Stag, Hind, Buck, Doe, Goat, Fawn, or Kid, or the pelts of any of them, unless they make thereof tawed, or leather lawfully tanned, or parchment, or otherwise convert the same into semits, pannels, or other their own necessary uses, in pain to forfeit the value of such skins, and 2 s. 6 d. for every skin otherwise used.
* XIX. Stat. 18 El. 6. None shall ship any leather, tallow, or raw hides (except Scotch hides, according to the proviso of 5 El. 8. now repealed by 1 Ja. 22.) in pain to forfeit the same, and the treble value; and the owner of the ship knowing the same, to forfeit his ship and the furniture thereof; and the Master thereof also knowing the same, to forfeit all his goods, and to suffer one year's imprisonment without bail. The forfeitures are to be divided betwixt the King and the prosecutor.
XX. If the Owner, Master, or Mariner, within 3 moneths after his knowledge thereof, or at his return into England, shall upon oath discover it bona fide to one of the Barons of the Exchequer, either of the Lords Presidents, or an head-officer of the Port where he lands, and afterwards shall be ready to justifie it; he shall be thereupon excused.
XXI. He that transports any Leather, Tallow, or raw hides, (otherwise then according to the aforesaid proviso) shall pay by the name of Subsidie, 10 s. for every hide, 3 s. 1 d. for every dozen of Calfs-skins, and 6 s. 8 d. for every 100 weight of Tallow.
XXII. The Customers, &c. shall be accountable to the Queen for the said subsidie, and shall pay the same unto her, upon the pain contained in 3 H. 6.3.
* XXIII. Stat. 1 Jac. 22. None shall gash any Hide, in pain of 20 d. nor water them, except in June, July and August, nor put them to sale being putrefied, in pain to forfeit for every Hide so watered or put to sale 3 s. 4 d.
XXIV. None shall kill any Calves under five weeks old, in pain to forfeit for every Galf so killed 6 s. 8 d.
* XXV. No Butcher shall exercise the mysterie of a Tanner, in pain of 6 s. 8 d. for every day he so continues both professions.
XXVI. None shall be Tanners but such as have served seven years as Apprentices or hired servants in that Trade, or the Widow or children of a Tanner, having a Tanne-fat left them, and having been brought up in that Profession by the space of four years, in pain to forfeit all the leather they tanne, or the full value thereof.
[Page 90]XXVII. None that useth the cutting or working of Leather shall be a Tanner, in pain to forfeit all the Leather he tannes, or the value thereof.
XXVIII. None shall buy any rough Hides, or Calf-skins in the hair, but onely such as do or may lawfully tanne them, (except salt Hides, for the necessary use of Ships) in pain to forfeit them, or the just value: Neither shall any forestall Hides, but buy them in open Fair or Market, (except of such as kill beasts for their own provision) in pain to forfeit for every Hide otherwise bought 6 s. 8 d.
XXIX. None shall buy any tanned Leather unwrought, but onely such as will and shall convert the same into made wares.
XXX. This Act shall not restrain Artificers from buying tanned Leather every Monday at Leaden-hall, to be converted into made wares, being first duly searched, sealed, and registred, as hereafter is limited; nor Girdlers or Sadlers, from selling their necks or shreds of tanned red Leather.
XXXI. The Tanner that over-limes his Hides, or useth in his tanning any thing save Ash-bark, Oak-bark, Tapwort, Malt, Meal, Lime, Culver-dung, or Hen-dung, or suffers them to be frozen, or to be parched with fire or Sun, or tannes such as are rotten by long lying or otherwise, or continues not utter-sole Leather twelve moneths in the woozes, and upper Leathers 9 moneths, or doth negligently work his Hides in the woozes, not renewing and strengthening them as often as need shall require, or doth work them in any other sort then is by this Statute limited, shall forfeit every Hide so tanned and put to sale, or the full value thereof.
XXXII. No Tanner shall by mixtures raise any Hide for sole-Leather which shall not be fit for that use, in pain of forfeiting the same.
XXXIII. None shall put to sale any tanned Leather red, and unwrought, but in open Fair or Market, unless the same hath been searched and sealed in some Fair or Market before; neither shall any offer to sell any such Leather, before it be searched and sealed, in pain to forfeit for every Hide otherwise put to sale, 6 s 8 d. and for every dozen of Calf-skins, or Sheep-skins, 3 s. 4 d. besides the Hides and Skins themselves, or the full value thereof.
XXXIV. None shall put to sale any Leather insufficiently tanned or dried, in pain to forfeit the whole, or at least so much as shall be so misused.
XXXV. No Tanner shall hasten the tanning of his Leather by giving it unkind heats with hot wooze, or otherwise, in pain [Page 91]of 10 l. and to stand upon the Pillorie three days, in the next Market.
XXXVI. None shall buy or ingross Bark to the intent to fell the same again, in pain to forfeit it, or the value thereof; neither shall any fell Oak-trees apt for Barking, where Bark is worth 2 s. the Cart-load, (Timber for the necessary repair of houses, Ships, and Mills, excepted) but onely betwixt the first of April and the last of June, in pain to forfeit the trees otherwise felled, or the double value of the same.
XXXVII. Purveyors of trees for the King's use shall fell them onely in barking time, (except for the present repair of the King's Houses or Ships) and shall take no more thereof from the owner, then what may serve the King's present occasion, in pain to forfeit to the party grieved for every tree, and for the lop, top, or bark of every tree taken contrary to this Act, 40 s. And it shall be lawfull for the owner to retain the lop, top, and bark of every such tree.
XXXVIII. A Currier shall not curry a Hide or skin which is not sufficiently tanned and dried, and that in his own house, situate in some Corporate or Market-town, and not elsewhere; neither shall he gash, or other way spoil or impair them, but work them sufficiently in all points, in pain to forfeit for every Skin or Hide so spoiled (otherwise then by gashing in shaving them) 6 s. 8 d. besides the value of the same Skin or Hide; and for gashing them, to forfeit to the party grieved twice so much as he impairs them thereby.
XXXIX. No Artificer within London or three miles distance from it shall put any leather to be curried, save onely to some person free of the Company of Curriers in London, in pain to forfeit the same, or the value thereof.
XL. None within the foresaid Jurisdiction of London shall use or put into made wares any curried leather, before the same be searched and sealed, in pain to forfeit for every Hide or Skin 6 s. 8 d. and also the value of every such Hide or Skin.
XLI. A Currier shall not use the Art of a Tanner, Cordwainer, Shoe-maker, Butcher, or of any other Artificer which useth the cutting of leather, in pain to forfeit for every Hide or Skin he currieth during that time, 6 s. 8 d.
XLII. No Currier (sufficient stuff being tendred unto him) shall refuse sufficiently to curry leather within eitht days in Summer, and sixteen days in Winter, after he shall or may take it in hand, in pain to forfeit for every Hide or piece of leather not curried accordingly, 10 s.
XLIII. The Wardens of the Company of Curriers (or officers [Page 92]by them appointed) shall, within one day after request made unto them, search and seal leather curried, for which the Currier shall pay after the rate of 1 d. for every Dicker of hides, and as much for every six dozen of Calf-skins. And the Currier shall forfeit for every hide not searched and sealed as aforesaid, 6 s. 8 d.
XLIV. Shoe-makers shall make their Boots, &c. of good and sufficient stuff, sew them well, and not put them to sale upon Sundays, in pain to forfeit for every such default or offence 3 s. 4 d. and also the full value of all wares otherwise made or sold.
XLV. The Masters and the Wardens of the Company of Shoemakers, Curriers, Girdlers and Sadlers, within the Jurisdiction of London aforesaid, or the more part of them, shall once every quarter (or oftener, if need require) make search and view of all wares made of tanned leather, in pain to forfeit 40 s. for every year's default, to be divided betwixt the King and the prosecutor, and shall also have power to seize all insufficient wares found upon search.
XLVI. The said Masters and Wardens shall onely search the wares of such as are of their own professions, and Coach-makers shall be under the survey and search of the Company of Sadlers.
XLVII. The Mayor and Aldermen of London shall (within the said jurisdiction, and upon the like pain of 40 s. to be imployed as aforesaid) chuse and swear 8 expert men out of some of the four Companies abovesaid, to be searchers and sealers of all tanned leather there, whereof one shall be assigned to keep the seal.
XLVIII. Head-officers in Corporate and Market-towns, and Lords of Liberties, shall yearly in all other parts of the Kingdome (upon the like pain of 40 s. to be imployed as aforesaid) appoint and swear two, three, or more, honest and skilful men, to be searchers and sealers of leather, who shall have power to seal sufficient wares, and likewise to seize and retain such as be insufficient, untill they shall be tried by triers to be hereafter appointed by this Act.
XLIX. There shall be appointed six triers of insufficient leather and leather-wares, which shall be seized within the said jurisdiction of London; and when any such leather or wares are seized within any other jurisdiction, the chief Officer, or Lord of the Liberty, or his Deputy, shall cause triall thereof to be made, by the oath of six honest men, upon some Market-day, and within fifteen dayes after such seisure made.
L. The Lord Mayor of London, and the head Officer, and Lord or Deputy aforesaid, shall appoint triers in their several jurisdictions, in pain of 5 l. to be divided betwixt the King and the prosecutor; and these triers shall do their duties in that Office without delay, in pain to forfeit for every default 5 l.
[Page 93]LI. Four of the triers in London shall be yearly changed, and other four placed in their rooms, and none shall continue in that Office there above two years; and if any happen to be trier two years together, he shall not be chosen again within three years after, in pain to forfeit for every moneth he continues otherwise in that Office 10 l.
LII. No searcher or sealer of leather shall refuse within convenient time to do his office, or allow any wares which are sufficient, in pain of 40 s. and shall not take bribes, or exact more then due fees, in pain of 20 l. nor being lawfully elected shall refuse the office, in pain of 10 l.
LIII. All red tanned leather, which shall be brought within the aforesaid jurisdiction of London, shall be carried to Leaden-hall before it be housed, and there searched, sealed, and registred by the Officers aforesaid, for which, if it were sealed before, (out of the said jurisdiction) they shall take half fees onely.
LIV. None shall sell any tanned leather within the aforesaid jurisdiction of London, before the Officers there have searched and sealed it, in pain to forfeit the same, or the value thereof.
LV. None shall withstand the searchers and sealers in the due execution of their Office, nor the seizing of insufficient wares, in pain of 5 l.
LVI. The abovesaid searchers and sealers shall register all tanned leather sold in Fairs or Markets, together with the prices thereof, and the names and dwelling-places of the buyer and seller (being thereunto required by the said buyer and seller) taking as well of the buyer as the seller 2 d. for every ten hides, backs, or buts of leather, and 2 d. for every six dozen of Calf-skins or Sheepskins, and no more.
LVII. None shall sell any tanned leather (red and unwrought) before it be registred, in pain to forfeit the value thereof.
LVIII. None shall buy any tanned leather before it be searched and sealed, nor carry it out of the Fair or Market before it be registred, in pain to forfeit the same, or the value thereof.
LIX. The Currier within the jurisdiction of London aforesaid, which currieth not his leather sufficiently, and every other Artificer there (using tanned and curried leather) which putteth into his wares leather insufficiently tanned or curried, shall forfeit for every such default the said wares, and the just value thereof.
LX. No such Artificer shall fell any wares but in open Shop, Fair, or Market, where due search may be made, in pain to forfeit the wares otherwise sold; and besides ten shillings for every such offence.
[Page 94]LXI. Here the summes of money aforesaid forfeited shall be divided into three parts, whereof the King is to have one, the prosecutor another, and the City, Corporation, or Lord of the Liberty the third.
LXII. The value of the wares forfeited within the jurisdiction of London, after praisement, shall also be divided into three parts, whereof one shall be given to the seisor, another to the Chamber of London, and the third to the poor: And in all other places, one third part to charitable uses, another to the Head-Officer or Lord of the Liberty, and the third to the seisor or seisors for his or their pains.
LXIII. None shall buy any forfeited wares to sell them again, in pain to forfeit for every parcell thereof 3 s. 4 d.
LXIV. This Act shall not prejudice the authority of the Universities, so that their Officers observe the provision of this Act under the penalties therein contained.
LXV. The Hides or Skins of Oxe, Steer, Bull, Cow, Calf, Deer, Goats and Sheep, being tanned or tawed, and salt Hides, are reputed Leather within the letter of this Statute.
☞ LXVI. Justices of Assize or Gaol-delivery, and of Peace, Stewards of Leets, the Mayor of London, and Head-Officers within their several Precincts, have power to hear and determine these offences.
LXVII. The King's Steward of a Leet or Liberty shall have the the same authority, and be subject to the same penalties, that a Lord of a Leet hath and is subject to.
LXVIII. It shall be lawfull for all Artificers (save onely Shoemakers, between September and the twentieth of April) to use dry, curried and frised leather, being well tanned according to this Act.
LXIX. This Act shall not extend to Wales.
LXX. If any Customer, or other such Officer, having notice of the transporting of any leather, do not use his best endeavor to seize it, or being transported, do not disclose it within fourty days, he shall forfeit for the first default 100 l. and for the second lose his place: And every such Officer, for making a false certificate of the arrivall of any leather, shall also forfeit 100 l.
LXXI. This Act shall not extend to Scotch Hides brought to Barwick.
LXXII. Licenses to dispense with the offences prohibited by this Act shall be void.
LXXIII. Stat. 4 Jac. 6. There shall be no penalty for housing, buying or selling Sheep-skins unsealed.
[Page 95]LXXIV. None shall sell tanned leather by weight, in pain to forfeit the same, or the value thereof, to be divided betwen the King and the prosecutor.

See Title Leather.

☞ Corn and Grain.

[...] Stat. 5 Eliz. 12. None but a married man and housholder of the age of 30 years (at least) shall take upon him to be a Badger, Lader, Kidder, Carrier, Buyer or Transporter of Corn or Grain, Butter and Cheese; neither he without licence in open Sess. of the County where he hath dwelt by the space of three years before, under the hands and seal of (at least) three Justices (1. Qu.) in pain of 5 l. which licence shall remain in force for one year onely from the date thereof: and all licenses otherwise granted shall be void.
☞ II. The Justices of Peace in Sessions shall (at their discretions) take recognisances of Badgers, &c. that they shall not forestall or ingross, or put in practice any Act contrary to 5 and 6 E. 6.14.
III. The Clerk of the Peace shall write and enter the license and recognisance, and his fees shall be, viz. for writing the license 12 d. for writing the recognisance 8 d. and for entring them both into a Register-book 4 d. which Book he shall bring to every Sessions.
IV. This shall not give liberty to any Badger, &c. to buy Grain out of open Fair or Market (to sell again,) unless there be special words in his license to warrant the same, in pain to forfeit for every time so offending 5 l.
V. These forfeitures are to be divided betwixt the Queen and the prosecutor.
VI. The Queen's moiety shall be estreated according to the usual manner, and the prosecutor's levied by Fiery facias or Capias; but when the suit is wholly the Queen's, the whole shall be estreated for her use.
VII. Justices of Peace have power to hear and determine these offences in Sessions by inquisition or verdict, or otherwise upon the oath of two witnesses, (at their discretions) and to make process thereupon.
VIII. This Act shall not restrain Purveyors of Cities and Towns Corporate, neither yet the inhabitants of the Counties of Westmorland, Cumberland, Lancaster, Chester and York.
☞ IX. Stat. 13 Eliz. 13. For the increase of tillage, and [Page 96]the maintenance of the Navy and Mariners, the Lords Presidents and the Councils in the North and VVales, Justices of Assise in their Circuits, and Justices of Peace in their Sessions, have power to license or prohibit the transportation of Grain at their discretions: Provided, their order be first approved by the Queen or her Council, which also may be countermanded by the Queen's Proclamation, if there be cause for it.
X. Stat. 3 Car. 4. Corn may be transported to the Kin [...] Allies when Wheat is sold for 32 s. Rie for 29 s. Beans for 10 s. and Barley or Malt for 16 s. the quarter, or under.

See Title Trade, num. 1.

☞ Coroner.

I. West. 1.10. 3 E. 1. Sufficient men of the most wise and discreet Knights shall be chosen in all Counties for Coroners.
II. The Sheriffs shall have counterparts with the Coroners of all things which concern their Office.
III. They shall take nothing of any man to doe their office, in pain of great forfeiture to the King.
IV. Stat. 4 E. 1. Officium Coronatoris. See the Statute at large.
V. Stat. De Exonia, de inquisitione super Coronatores, 14 E. 1. See the Statute at large, together with the Articles thereunto annexed.
VI. Stat. 14 E. 3.8. A Coroner shall have sufficient in the County whereof to answer all people.
VII. Stat. 28 E. 3.6. Coroners shall be chosen in the full Counties, of the most convenient and lawful men; saving unto the King and other Lords (that may make Coroners) their Franchises.
VIII. Stat. 1 H. 8.7. Where one is slain by misadventure, the Coroner shall execute his office without fee, in pain of 40 s.
IX. Justices of Assise and Peace have power to inquire of and punish the defaults and extortions of Coroners.

Corporation.

I. Stat. 19 H. 7.7. Corporations shall not make or execute any Ordinances in diminution of the prerogative of the King, or of other, or against common profit, except approved by the Chancellor, Treasurer, and the chief Justices, or three of them, or by the Justices of Assise, in pain of 40 l.
[Page 97]II. They shall make no Ordinance to restrain suits in the King's Court, upon the like pain of 40 l.
III. Stat. 22 H. 8.4. They shall take but 2 s. 6. d. for the first entry of an Apprentice, and 3 s. 4 d. for his entry of Freedom, in pain of 40 l. to be divided betwixt the King and the prosecutor.
IV. Stat. 28 H. 8.5. No Corporation shall by oath or bond restrain any Apprentice or Journey-man from keeping Shop, or take money of them for their freedom, or the occupying of their profession, otherwise then as is limited by 22 H. 8.4. in pain of 40 l. to be divided as aforesaid.
V. Stat. 33 H. 8.27. In Acts to be done by Corporations, the consent of the greater part shall binde, and the Oath taken by them to the contrary shall not be observed.
VI. No person shall hereafter give any such oath, in pain of 5 l. to be divided betwixt the King and the prosecutor.
VII. Stat. 13 Car. 2. ca. 1. An Act impowering the King to issue Commissions for governing and regulating Corporations. Exp. 25 March 1663.

Corpus cum causa, Certiorari, Habeas Corpus, & Supersedeas.

I. Stat. 2 H. 5. Stat. 1.2. If a Corpus cum causa or Certiorari be granted out of the Chancery, to remove one that is in prison upon an execution, at another man's suit, he shall be remanded.
II. Stat. 43 El. 5. No Writ of Habeas Corpus, or other Writ sued forth to remove an Action, shall be allowed, unless it be delivered unto the Judge, or Officer of the Court, before the Jury appear, and one of them be sworn.
III. Stat. 21 Jac. 8. Process of the Peace and good behaviour shall not issue out of the Chancery or King's Bench, but upon motion in open Court, and good cause shewed upon oath, which shall also be indorsed upon the Writ: Howbeit if that cause shall be afterwards disproved, the Judge or Judges of the said Courts (respectively) shall commit the offender to prison, until he pay the party grieved all his costs and dammages.
IV. All Writs of Supersedeas shall be void, unless such process be likewise granted upon motion as aforesaid, and upon such sufficient sureties as shall appear to the Court upon oath to be Subsidymen assessed at 5 l. lands or 10 l. goods, and also, unless the prosecution [Page 98]against the party for the peace or good behaviour be bonâ fide: and here, false sureties procured for the gaining of such Writs shall be punished by the Judges.
V. Certioraries shall not be allowed, unless the indicted will become bound with sufficient sureties (such as the Justices of Peace in Sess. shall like of) to pay to the prosecutor within one moneth after conviction such costs and dammages as the said Justices shall assess.
VI. Stat. 21 Jac. 23. No Writ to remove a suit commenced in an inferiour Court shall be obeyed, unless delivered to the Steward, &c. of the same Court before issue or demurrer joyned; so as such issue or demurrer be not joyned within six weeks after the arrest or appearance of the Defendant.
VII. An Action or suit once remanded shall never afterwards be again removed.
VIII. When the thing in demand exceedeth not 5 l. the suit shall not be removed by any Writ save onely by Writs of Error or attaint.
IX. This Act shall onely extend to Courts of Record, where an Utter-barister of 3 years standing is Judge, Recorder, Steward, or, &c. or assistant to such Officer there, and not of Council in any Action there depending.
X. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts.

Cousenage, Ayel and Besayel.

I. West. 2.26. 13 E. 3. In Writs of Cousenage, Ayel and Besayel, the tenant's answer (that the Plaintiff is not next heir of the same Ancestor, by whose death he demandeth his land) shall be admitted and inquired, and according to the same inquisition the Justices shall proceed to judgment.

☞ Cottages.

* I. Stat. 31 El. 1. None shall erect or convert a building to be a cottage for habitation, unless he lay four acres of free-hold land of inheritance so near unto it, that they may be conveniently occupied therewith, in pain to forfeit 10 l. to the Queen for every such erection or conversion, and 40 s. a moneth for the continuance.
II. No owner or occupier of any Cottage shall place or willingly suffer any more families then one to co-habit therein, in pain to [Page 99]forfeit to the Lord of the Leet 10 s. for every moneth he so continues them together.
☞ III. Justices of Assize, Justices of Peace in their Sessions and Lords of Leets, have power to hear and determine these offences.
IV. This Statute shall not extend to Cottages in Cities, Burroughs or Market-towns, or provided for labourers in Mines or Quarries within one mile from such Mines or Quarries, or for Sea-faring men within one mile of the Sea or a Navigable River, or for a Keeper, Warrener, Shepherd or Herdsman, or for an impotent person; nor to any Cottages which upon an order by Justices of Assize in open Assize, or Justices of Peace in Session, shall be decreed to continue for habitation, for so long time onely as by such decrees they shall be tolerated.

☞ Counterfeit Letters.

I. Stat. 33 H. 8.1. If any shall falsly obtain any money or other thing by colour of any false token or counterfeit letters, they being thereof convict by witnesses or confession before the Lord Chancellor, the Lords of the Council in the Star-chamber, Justices of Assize, Justices of the Peace, or by action in any Court of Record, shall suffer such punishment as shall be adjudged by the person or persons before whom they shall be so convict, the pains of death onely excepted.
II. Justices of Assize, and Justices of Peace (1. Qu.) shall have power to convert (by process, or otherwise) to the Ass. or Sess. respectively any person suspected to offend in that kinde, and to commit or bail him until the Ass. or Sess. or otherwise to order him at their discretions.
III. Justices in Corporations have like Authority for the punishment of such offenders as Justices of Assize or Peace have in their several Precincts respectively.
IV. The remedy of the party grieved by way of action is saved.

☞ County and Turn.

I. Magna Charta, 35. 9 H. 3. County-Courts shall be held from moneth to moneth, or longer, if formerly so used; and the Sheriff (or his Bailiff) shall keep his Turn in the Hundred at the usual place, and that onely twice a year, viz. after Easter and Michaelmas: Leets also shall be at Michaelmas without occasion.
II. Marlbr. 10. 25 H. 3. Arch-bishops, Bishops, Abbots, Priors, [Page 100]Earls, Barons, or Religious men or women, are not to appear at the Sheriff's Turns, except for some other cause; and such as have Hundreds of their own shall not be bound to appear at such Turns, but onely in the Bailiwicks where they dwell.
III. West. 2.32. 3 E. 1. No Sheriff shall suffer Barrettors or Maintainers of quarrells, or Stewards of great Lords, or other (unless Attorney for his Lord) to make suit, or to give judgments in the Counties, or to pronounce them, if he be not required so to doe by all the suitors and Attorneys of the suitors there present, in pain that both the Sheriff and they shall be grievously punished by the King.
IV. Stat. 31 E. 3. Stat. 1.15. Every Sheriff shall hold his Turn yearly one time within the moneth after Easter, and another time within the moneth after Michaelmas, in pain to lose his Turn for the time.
V. Stat. 19 H. 7.24. The Shire-Court for Sussex shall be holden one time at Chichester, and the next time at Lewis, alternis vicibus, in pain that the Courts otherwise kept, and the things therein transacted, shall be void.
VI. Stat. 2. 3 E. 6.25. County-Courts shall be adjourned from moneth to moneth, and no longer.
VII. The Sheriff of Northumberland shall keep his County-Court at Alnewick, and not elsewhere.

☞ Coupers.

* I. Stat. 23 H. 8.4. A Beer or Ale-brewer shall neither by himself nor others (for his use) make any vessel whereby they shall put their Beer or Ale to sale, but such onely as shall be made and marked as is hereafter expressed, in pain to forfeit for every vessel so made, 3 s. 4 d.
II. Coupers shall make their Beer and Ale-vessels of good and seasonable wood, and put their proper mark thereupon.
III. A Beer-barrel shall contain at least 36 Gallons, a Kilderkin 18, and a Firkin 9. and an Ale-barrel 32 Gallons, a Kilderkin 16, and a Firkin 8. all of the King's Standard Gallon: And if the Gouper make any bigger or lesser, he shall set the true content upon them. Also the Couper shall not inhaunce the prices of his vessel, in pain to forfeit for every such vessel defective or inhanced in price 3 s 4 d. viz. for a Beer-barrel 9 d. a Beer-kilderkin 5 d. and a beer-firkin 3 d. Also for an Ale-barrel 16 d. an Ale-kilderkin 9 d. and an Ale-firkin 5 d. [Page 101] Note, that this clause, for so much as concerns the prices of vessels, is repealed by 8 El. 9. But Quaere whether it doth not yet stand in force for defective vessels. Vid. 8 El. 9. infra.
IV. No Beer or Ale-brewer shall put any Beer or Ale for sale in any vessel which is not marked by the Couper, and of the contents above limited.
☞ V. Beer and Ale-brewers shall sell their Beer and Ale at such rates as shall be thought fit (in the Country) by the Justices of Peace, and (in Corporations) by the Head-Officers; in pain to forfeit for every Barrel 6 s. Kilderkin 3 s. 4 d. Firkin 2 s. and for every greater vessel 10 s. and every lesser 12 d.
VI. The forfeitures abovesaid shall be divided betwixt the King and the prosecutor.
VII. Every Soap-maker shall cause his vessell to be made as followeth: viz. every empty Barrel to contain 32 Gallons, and to weigh 26 pounds; the content of the half Barrel to be 16 Gallons, and the weight 13 pound; and the content of the Firkin 8 Gallons, and the weight six pound and an half; in pain to forfeit for every vessel otherwise ordered 3 s. 4 d.
VIII. The Wardens of the Mystery of Coupers within the City of London (taking with them an Officer of the Mayor) shall have power to search and gage all vessells made for Ale, Beer and Soap, to be put to sale within London and the Suburbs, and within two miles compass without the Suburbs, (as well within the Liberties as without) and to examine their contents and weight, and (being found right) to mark them with St. Anthonie's cross: which searchers shall have for their fee a farthing for every vessel, to be paid by the owner thereof, and may retain the vessel until the fee be paid; and if any be found defective, they have power to amend or burn them, and the owner of such defective vessel shall forfeit 12 d. to be disposed as aforesaid.
IX. In other places where there are no Wardens, the Head-officers shall doe it, and shall have the like power and advantage as those of London.
X. This shall not prohibit a Beer-brewer to keep in his house a servant for to mend his vessels.
XI. If any shall diminish a vessel, by taking out the head or a staff thereof, the vessel shall be burnt, and the offender shall forfeit 3 s. 4 d. (to be disposed as aforesaid) and shall be farther punished at the discretion of the Head-officers.
XII. An Ale-brewer may also retain a Couper in his service to mend his vessels.
XIII. Every Couper shall make his Ale-vessel according to the [Page 102]Assize exprest in the Treatise called Compositio mensurarum, viz. every eight Gallons thereof to contain a Bushel, according to the Assize limited by that Ordinance (which was made 51 H. 3.) in pain to forfeit for every vessel otherwise made 3 s. 4 d. to be disposed as aforesaid.
XIV. Every Couper shall mark his vessel with his own mark, in pain of 3 s. 4 d. to be levied and recovered as abovesaid.
XV. The Searchers shall not put out the Ale to measure the vessel, whereby it may be made worse.
XVI. This shall not prohibit to carry Ale to the Houses of his Majesty and Honourable persons in great vessels, as Butts, Pipes, &c. And Ale-brewers may convey Ale to any man's house in Barrels, Kilderkins and Firkins, being the due content.
* XVII. Stat. 8 Eliz. 9. So much of the Statute of 23 H. 8.4. as concerns the prices of vessels is repealed.
XVIII. Coupers shall sell their vessells at such rates as shall be yearly assessed (in Corporations) by the head-officers, and (in the Country) by the Justices of Peace (or the more part of them) in the Sess. after Easter.
XIX. If (after proclamations of the rates so assessed) any Couper shall sell otherwise, he shall incurr such penalties as by the said Statute of 23 H. 8.4. is ordained, viz. for every Barrel, Kilderkin and Firkin, 3 s. 4 d. to be imposed and disposed as in the same Statute is exprest for selling such vessel above the due price.

Courts.

I. In the time of H. 8. there were (amongst others) three new Courts erected, viz. those of the Augmentations, First-fruits and Tenths, and General Surveyors: But these were afterwards annexed to the Exchequer by divers Acts of Parliaments, and Letters Patents of H. 8. and Qu. M. Nevertheless, in some of these Acts there remains yet somewhat in force, as hereafter followeth.
II. Stat. 33 H. 8.39. All Obligations and Specialties concerning the King shall be made to him and his heirs, Kings, in his own name, by these words, Domino Regi, and to no other person; and then for payment, Solvendum Domino Regi, haeredibus, vel executoribus suis, with other words used in common Obligations: and such Obligations shall be of the nature of Statutes-staple: and if the King die, leaving such Obligations, they shall remain to his heirs or executors at the King's pleasure.
[Page 103]III. If any take Obligation that concerns the King in another manner, they shall suffer imprisonment, as shall be ordered by the King's Council.
IV. All suits for the King's debts in any Court mentioned in this Act, upon any Obligation or Specialty delivered before this Act, or to be delivered before the second day of May next, shall be prosecuted in the King's name, to what person soever such Obligation or Specialty were made; and they shall be of the nature of Statutes-staple, as before.
V. The King in all suits for debts shall recover his costs and dammages.
VI. Suits for the King's debts shall be in the proper Courts where they shall be due, whether it be the Exchequer, Dutchy, Augmentations, Surveyors, Wards and Liveries, First-fruits and Tenths, or any of them; out of which such processes shall issue for the speedy recovery of them, as the Court shall think fit.
VII. The said Courts shall have power to hear and determine all actions, defaults, offences, and other things which shall arise upon any matter committed to the governance of the same Courts, wherein the King shall be onely party; and also all Estates for term of years betwixt party and party concerning the premisses, all treasons, felonies and estates of freehold and inheritance, other then joyntures for term of life onely, excepted.
VIII. If any person shall make title to any lands sold or exchanged to any in fee-simple or fee-tail by the King's Letters Patents, upon which a rent is reserved to the King, his heirs and successors, in the Court of Augmentations, or shall demand any rents, annuities, officers fees, or other profits, out of lands in fee-simple or in fee-tail, comprised in any Letters Patents; or if the King shall make like title or claim to any lands of inheritance, or profits out of lands, assigned to the said Court in any Letters Patents; that the said Court, or more part of them, shall hear and determine such titles and claims, and (without other Warrant) make recompence to the party grieved.
IX. If any Decree of the Court of Augmentation for any of the premisses extend onely to the loss of the Patentee, for the life of the Demandant or Plaintiff, or for term of years; then shall the Chancellor of that Court (without any other Warrant) make recompence in money, or out of lands limited to the survey of the same Court.
X. The aforesaid Courts shall have power to set fines and amerciaments, and upon trials and other proceedings there, to examine by such proofs and in such manner as they shall think fit; and the [Page 104]proceedings and decrees of the said Courts shall be effectual in Law.
XI. The chief Officers of those Courts may (without any other warrant) discharge all bonds and recognisances there hanging, the debts being satisfied, and the conditions performed; and may also make void all recognisances for appearance or other contempt.
XII. If any person to whom the King hath granted (with reservation of rent) any lands of inheritance or for life within the survey of any of the said Courts, do not pay yearly unto the Treasurer or Receiver General of the said several Courts, at the day limited, or within three moneths after, all summs of money so reserved, or make sufficient tender thereof unto the said Treasurer or Receiver, he shall forfeit so much as the fourth part of the said yearly rent shall amount unto: and if he pay not the rent and money forfeited, as aforesaid, within six moneths, he shall forfeit so much as half the rent amounts unto; and for every half year after, shall forfeit so much as the whole year's rent doth amount unto.
XIII. The Treasurer or Receiver General may distrain for the said rents and forfeitures, and the Head-officers of the said Courts may issue out process for the recovery of the same at their discretions.
XIV. A Treasurer, or Receiver general or particular, shall sign with his own hand a lawful acquittance ready made to be signed by him without any fee, in 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.
[Page 105]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 [Page 106]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 [Page 107]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.
II. Stat. 13 Car. 2. cap. 2. Reciting the Act of 17 Car. 1. cap. 27. for disinabling all persons in holy orders to exercise any temporal jurisdiction or authority, and that the same having made several alterations prejudicial to the ancient rights of Parliament, and contrary to the laws of the land, and by experience is found inconvenient, doth repeal and adnull the said recited Act to all intents and purposes whatsoever.
III. Stat. 13 Car. 2. cap. 12. An explanation of a clause contained in the Act of 17 Car. 1. cap. 11. touching the repeal of a branch of the Statute of 1 El. cap. 2. viz. It is declared, That neither the said Act nor any thing therein contained doth take away any ordinary power or authority from the said Arch-bishops, Bishops or persons therein named, but that they may use all Ecclesiastical jurisdiction as formerly in causes belonging to the same.
IV. Proviso, and enacted, that it shall not be lawfull for any Arch-Bishop, Bishop, Chancellor, or other Ecclesiastical Judge, Officer, or person having or exercising spiritual or Ecclesiastical jurisdiction, to tender or administer unto any person whatsoever the oath Ex officio, or any other oath whereby such persons to whom the same is administred may be charged or compelled to confess, or accuse, or purge him or her self of any criminal matter or thing, whereby he or she may be liable to censure or punishment.
V. Proviso, Not to give any other jurisdiction to any Arch-Bishops, &c. then they had by law before the year 1639. nor to abridge or diminish the King's supremacy in Ecclesiastical matters, nor to confirm the Canons made in the year 1640. nor any laws or Canons not formerly confirmed or enacted by Parliament, or established by the Laws as they stood in the year 1639.

[Page 108]

☞ Cross-bows and Hand-guns.

* I. Stat. 33 H. 8.6. None shall shoot in or keep in his house any Cross-bow, Hand-gun, Hagbut, or Demihake, unless his lands be of the value of 100 l. per annum, in pain to forfeit 10 l. for every such offence.
II. None shall shoot in or have any Hand-gun under the length of one yard, nor Hagbut or Demihake under the length of three quarters of a yard, in pain to forfeit 10 l. And it shall be lawfull for any man, having lands of 100 l. per annum, to seize any such Gun or any Cross-bow used or kept contrary to the form of this Statute; but then he ought to break them within 20 days after, in pain of 40 s.
III. None shall travell with a Cross-bow bent, or Gun charged, except in time of war, or shoot within a quarter of a mile of a City, Borough, or Market-Town, except for the defence of himself or his house, or at a dead mark, in pain of 10 l.
IV. None shall command his servant to shoot in any Gun or Cross-bow, except at a dead mark, or in time of war, in pain of 10 l.
V. The penalties abovesaid shall be divided betwixt the King and the prosecutor.
VI. Howbeit the followers of Lords (Spiritual or Temporal) Knights, Esquires, Gentlemen, and the inhabitants of Cities, Burroughs, or Market-towns, may keep in their houses, and use to shoot (but at a dead mark onely) with Guns, not under the lengths abovesaid; so may the Owner of a Ship for the defence of his Ship, and also he that dwells two furlongs distant from a Town, or within five miles of the Sea-coast; and this last may shoot at any wilde beast or fowl, save onely Deer, Heron, Shovelard, Fesant, Partridge, wild Swan, or wilde Elke.
VII. Those which have power from the King to take away Guns and Cross-bows in Forests, Parks and Chases, may retain the same, notwithstanding this Act; so likewise may Smiths and Merchants, that make or sell them, the several lengths abovesaid being duly observed.
☞ VIII. It shall be lawfull for any person to convey the party offending against this Act before the next Justice of Peace, who upon due examination and proof shall have power to commit him to prison, there to remain till he hath satisfied the penalty, which in this case shall be divided betwixt the King and the party that so takes the offender.
[Page 109]IX. Every Placart granted by the King, which expresseth not at what beasts or fowl the Grantee shall shoot, and where the Grantee entreth not into a Recognisance of 20 l. in the Chancery to shoot at no other, shall be adjudged void.
X. Justices of Peace in Sessions and Stewards of Leets have power to hear and determine these offences.
XI. When the conviction is in Sessions, the whole forfeiture is to be levied to the King's use; when in a Leet, the one half is the King's, and the other half ought to be divided betwixt the Lord and the prosecutor.
XII. Here, if a Jury shall willingly conceal any thing, the Justices, or Steward, have power to impannel another Jury, by whom if the first Jury be found guilty of concealment, they shall forfeit 20 s. a piece, viz. to the King, if it be in Sessions, but if in a Leet, then the one half to the Lord, and the other half to the prosecutor.
XIII. Forfeitures arising by this Act shall be sued for, viz. by the King within one year, and by a common person within six months, otherwise they shall be lost.
XIV. A servant upon command may use his Master's Cross-bow or Gun (not prohibited by this Act,) so as he shoot at no fowl, Deer, or other game; and may also, by a license in writing, carry it to any place to be mended.
* ☞ XV. Stat. 2. 3. E. 6.14. None under the degree of a Baron shall shoot in any Hand-gun within any City or Town, at any fowl whatsoever, or with any hail-shot, in pain of 10 l. and 3 months imprisonment.
XVI. This Act shall not restrain those who according to the value of their land are authorized to shoot by 33 H. 8.6. so that they forbear to use any hail-shot; and all other that presume to shoot shall present their own names, viz. (in a Corporation) to the Mayor or Head-officer, and (in the County) to the next Justice of Peace, in pain of 20 s. and the said Justice or Head-officer is to see them recorded at the next Sessions in like pain of 20 s. which forfeitures are to be divided betwixt the King and the prosecutor.

Crosses.

I. West. 2.33. 13 E. 1. Lands where Crosses be set, with purpose that the tenants thereof should defend themselves against the chief Lord or Lords, by the Privileges of Templars and Hospitallers, shall be forfeited as lands aliened in Mortmain.

[Page 110]

☞ Crown.

I. Stat. 14 E. 3. The Realm and people of England shall not be subject or obedient to the King or kingdom of France.
II. Stat. 7 H. 4.2. The Crown of England and France were intailed to the King and his four sons by name.
III. Stat. 35 H. 8.1. The Crown of England is intailed to the King's daughter, the Lady Mary, the remainder to the Lady Elizabeth, the remainder to such as the King by his Letters Patents or last will in writing should limit.
* IV. Stat. 1 El. 1. No forein Potentate or person shall exercise any power within any of the Queen's Dominions, and all Ecclesiastical Jurisdiction is annexed to the Crown; so that the Queen and her successors by Letters Patents may authorize any Subject born to exercise the same.
V. For the better observance of this Act, every Ecclesiasticall person, and every officer, both Ecclesiastical and Temporal, and all the Queen's servants, are enjoyned to take the Oath following.
VI. ‘I. A. B. do utterly testifie and declare in my conscience, that the Queen's Highness is the onely Supreme Governour of this Realm, and of all other her Highness Dominions and Countreys, as well in all Spiritual or Ecclesiastical things or cases, as Temporal; and that no forein Prince, person, Prelate, or Potentate, hath, or ought to have any jurisdiction, power, supremacie, preeminencie or authority Ecclesiastical or Spiritual within this Realm; and therefore do utterly renounce and forsake all forein jurisdiction, powers, superiorities and authorities: and do promise, that from henceforth I shall bear faith and true allegiance to the Queen's Highness, her heirs and lawfull successors, and to my power shall assist and defend all jurisdictions, priviledges, preeminencies and authorities, granted or belonging to the Queen's Highness, her heirs and successors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book.’
VII. He that refuseth this oath shall forfeit his Spiritual or Temporal promotion or Office, during his life: And every person, before he be admitted to any such promotion or Office, shall take the said oath before such persons as shall have authority to minister the same: and in case he refuse it, he shall be adjudged uncapable of such promotion or office.
VIII. Every person suing Livery or Oustre le main, doing homage to the Queen, received into the Queen's service, taking orders [Page 111]or degrees in the Universitie, shall take the said oath; the first three before the Lord Chancellor or Keeper of the Great Seal, the fourth before the Ordinary or Commissary, and the last before the Chancellor or Vice-chancellor, or their Deputies.
IX. Provided, if any having a Temporal Office of inheritance, shall at first refuse to take the said oath, and yet doth afterwards take it, he shall be restored to his office.
X. None shall affirm or maintain the power or jurisdiction of any forein Prelate or Potentate within the Queen's Dominions, in pain to forfeit all his goods and chattels; and if he be not worth 20 l. at the time of his conviction, he shall forfeit all he hath, and besides suffer one whole year's imprisonment without bail; and here, for the second offence, he shall incurre a praemunire; and for the third, shall be adjudged guilty of High Treason: but this offence must be prosecuted within one year after it is committed; and if the offence be by preaching, teaching, or words onely, the prosecution by indictment shall be within six months, otherwise the offender shall be set at liberty.
XI. If he be a Clergie-man beneficed, upon the first conviction all his spiritual promotion shall be void.
XII. A Peer of the Realm, guilty of such an offence, shall be tried by his Peers.
XIII. No Act for any matter of Religion or cause Ecclesiastical made by this Parliament shall be adjudged any errour, heresie, or Schism: neither shall any person, to whom the Queen, her heirs and successors shall give authority to execute spiritual jurisdiction, have power to adjudge any matter to be Heresie, save onely such as have been so adjudged by Can. Scripture, or by one or more of the General Councils, or shall be so adjudged by the Parliament with the assent of the Clergie in their Convocation.
XIV. No person shall hereafter be indicted or arraigned for any of the offences made by this Act, but by two or more sufficient witnesses to be produced viva voce to testifie the same.
XV. No person shall be questioned for relieving, aiding, or comforting any such offender, unless it be testified by two witnesses (at least) that at the time of such relief, &c. he had notice of the offence committed.
XVI. Stat. 1 El. 3. The Parliament acknowledge the Queen to be right heir to the Crown, and promise to defend her and the heirs of her body in that estate.
XVII. The limitation of the Crown contained in 35 H. 8.1. shall stand and remain Law for ever; and all clauses of Statutes and other things heretofore passed against the same, shall be void.
[Page 112]* XVIII. Stat. 5 Eliz. 1. None shall maintain the jurisdiction of the Bishop or See of Rome within any of the Queen's Dominions, in pain to incurre a Praemunire, both they and their accessaries.
☞ XIX. Justices of Assize, and Just. of Peace, in Sessions, or any two of them (1 Qu.) have power to hear and determine this offence, and are to certifie such presentments into the King's Bench within 40 days after they receive them, if it shall be then Term-time; if not, then the first day of the Term then next ensuing, in pain of 100 l. The Justices of the King's Bench also, as well upon such certificate, as also before themselves, have power to hear and determine the same offence.
XX. All persons appointed to take the Oath of Supremacie by 1 El. 1. and all other Persons taking orders, preferred to any degree in the Universities, School-masters, publick and private, all persons taking any degree of Learning in the Laws in the Innes of Court or Chancery, all Attorneys, Protonotaries, Philizers, Sheriffs, Escheators, Feodaries, all persons admitted to any Ministry or Office belonging to the Common Law, or other Law or Laws, and all Officers and ministers of every Court; shall take the said Oath verbatim, before they be admitted to exercise their Office, ministry, or profession; which Oath shall be administred in open Court unto the Officers and Ministers of Courts, and unto such as belong not to any Court, in some open place, in the presence of a convenient assembly, and before other person authorized to give it by common use, commission, or otherwise.
XXI. Archbishops and Bishops have power to minister the said Oath within their proper Diocess.
XXII. The Lord Chancellor or Keeper (without further warrant) may direct Commissions to tender it.
XXIII. None compellable to take this Oath by this Act, or that of 1 Eliz. shall refuse to take it, in pain to incurre a Praemunire; so that they be indicted or presented for such default within a year.
XXIV. Every person having authority to tender this Oath, shall within 40 days after the refusal thereof, if it be then Term-time, if not, then the first day of the next Term, certifie under his hand and seal the name, place and degree of the person so refufing, unto the King's Bench, in pain of 100 l. And the Sheriff of the County shall impannel a Jury of the same County, to inquire upon such refusal, which Jury may, upon evidence, indict the party refusing, as well as if the indictment were preferred in the proper county.
XXV. If any refuse to take this Oath upon the second tender, or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome, as aforesaid, do commit the like offence the [Page 113]second time; in both cases, both they and their accessaries shall suffer as in case of High Treason. But here there shall be no corruption of bloud, disheriting of any heir, forfeiture of Dower, or prejudice to the right of any, save onely of the offender, during his life; and then the party next in reversion, or remainder, may enter without any Oustre [...]le main to be sued. Here also none shall be deemed an accessary for giving of alms in charity to the offender without fraud.
XXVI. This Oath shall be expounded in such form as is set forth in an admonition annexed to the Queen's Injunctions, published in the first year of her reign, viz. to acknowledge in her Majesty, her heirs and successors, such authority as was challenged and used by H. 8. and E. 6. and none other.
XXVII. This Act shall be published every Quarter-sessions by the Clerk of the Peace, and at every Leet by the Steward there, and once every Term in the open hall of every Inns of Court and Chancery, at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being.
XXVIII. Every member of the Commons House, before he shall have a voice there, shall take this Oath before the Lord Steward or his Deputy; and if he enter the House before he take it, he shall incurre such penalties as he who presumes to sit there without election, return, or authority.
XXIX. None of or above the degree of a Baron shall be compelled to take this Oath; and a Peer offending this Act shall be tried by his Peers.
XXX. Provided that none shall be compellable to take this Oath upon a second tender, or be in danger (by refusal thereof) to incurre the penalty of High Treason, save onely Clergie-men, Officers of Ecclesiastical Courts, or such as shall not observe the rites of Divine service, do deprave by words or writing the Rites and Ceremonies of the Church of England, or do use to say or hear private Mass.
XXXI. It shall not be lawfull to slay one attainted in a Praemunire.
XXXII. Saving the due execution of every person attainted upon judgment lawfully given by reason of this Statute, or otherwise; & saving all such pains of death, or other punishment, as heretofore might without danger of Law be done upon any person that shall send or bring into the Queen's Dominions, or within the same execute any process against any person from the Bishop or See of Rome.
XXXIII. None shall be hereafter indicted as an accessary for any of the said offences, without such sufficient proof as may satisfie the Jury that are to indict him.
[Page 114]* XXXIV. Stat. 13 El. 2. If any shall obtain or put in ure any Bull of absolution or reconciliation from the Bishop of Rome, or absolve, or be absolved thereby, they and their accessaries before the fact shall be adjudged guilty of High Treason.
XXXV. The comforters and maintainers of such offenders shall incurre a Praemunire, and their concealers misprision of Treason; unless within six weeks they discover them to some of the Privie Council, or to one of the Presidents or Vice-Presidents of the Councils established in the North, or Marches of Wales.
XXXVI. Provided, no person shall be impeached of misprision of treason for any offence made treason by this Act, other then such as are hereby declared to be in case of misprision of Treason.
XXXVII. If any shall bring into any of the Queen's Dominions any Agnus Dei, Crosses, Pictures, Beads, or any such vain or superstitious thing, or deliver or offer the same to any person to be used; both the person so doing, and the person so receiving the same, shall incurre a Praemunire: Howbeit, if the party unto whom tender thereof shall be made apprehend the party tendring the same, and carry him before the next Justice of Peace, or not being able so to do, within three days after discloseth his name, and the place of his abode or resort, unto the Ordinary, or some Justice of Peace within the same County, or having received the same, doth within one day after deliver it to some such Justice of Peace, then shall he not incurre any Prejudice by reason of this Act.
XXXVIII. A Justice of Peace shall disclose the offences aforesaid to the Privy Council within fourteen days after he shall have notice thereof, in pain of incurring a Praemunire.
XXXIX. Here the trial of Peers shall be by their Peers.
XL. The right of others saved.
* XLI. Stat. 23 El. 1. It shall be high Treason to have or pretend to have power, or to put in practice, to absolve, perswade, or withdraw any within the Queen's Dominions from their natural obedience to her Majesty, or to withdraw them for that intent from the Religion now established to the Romish Religion; and they also who shall be willingly so withdrawn or reconciled, as aforesaid, together with the procurers and Counsellors of such offenders, shall be adjudged guilty of the same offence.
☞ XLII. Also their aiders and maintainers, who do not discover them within twenty days to some Justice of Peace or higher Officer, shall be adjudged guilty of misprision of Treason.
XLIII. None shall say or sing Masse, in pain to forfeit 200 marks, to suffer one year's imprisonment, and not to be enlarged thence, [Page 115]untill the fine be paid: And none shall hear Masse, in pain of one year's imprisonment, and a hundred marks.
* XLIV. Every person not repairing to Church, according to the Statute of 1 El. 2. (which see in Service and Sacraments) shall forfeit 20 l. for every moneth they so make default; and if they so forbear by the space of twelve months, after certificate thereof made by the Ordinary into the King's Bench, a Justice of Assize, Gaol-delivery, or Peace of the County where they dwell, shall binde them with two sufficient sureties in 200 l. (at least) to the good behaviour, from which they shall not be released untill they shall repair to Church, according to the said Statute.
XLV. None shall keep a Schoolmaster which absents himself from Church, or is not allowed by the Bishop or Ordinary, in pain of 10 l. for every moneth he so keeps him: and such Schoolmaster shall be for ever after disabled to teach youth, and shall suffer one whole year's imprisonment without bail.
☞ XLVI. The offences against this Act, and the Acts of the first, fifth, and thirteenth years of the Queen's reign, touching the acknowledging of her supreme Government in causes Ecclesiasticall, the service of God, coming to Church, or establishment of true Religion within this Realm, shall be inquirable before Justices of Oyer and Terminer, Assize, Gaol-delivery, and Peace in their Circuits and Sessions within one year and a day after such offence committed, except treason and misprision of treason.
XLVII. Provided, that any of the offenders aforesaid, which shall before judgment submit and conform themselves to the Bishop of the Diocess, or in open Assize or Sessions, shall be discharged of every the offences aforesaid, (except treason and misprision of treason) and of all pains and penalties incurred for the same.
XLVIII. Of the forfeitures abovesaid, two third parts the Queen shall have, one to her own use, the other for relief of the poor in the Parish where the offence is committed, to be delivered without further warrant then of the principal Officers of the Receipt of the Exchequer; and the other third part the prosecutor shall have: And here the offender that is not able to pay the forfeitures, or doth not pay them within three moneths after judgment, shall be committed to prison, and there remain untill he hath satisfied them, or shall conform himself, and go to Church.
XLIX. They that have on Sundays the Divine Service established usually read in their houses, and are commonly present themselves thereat, and do not obstinately refuse to come to Church, but four times in the year (at least) are present at Divine Service in their own Parish-Church, or some other open Chappel of ease, shall not [Page 116]incurre the penalty aforesaid for not coming to Church.
L. All covinous grants to defraud the interest which the Queen, or any other person, may claim by virtue of this Act, or of 13 El. 2. shall be adjudged void.
LI. If a Peer of the Realm happen to be indicted for any offence made treason or misprision of treason by this Act, he shall be tried by his Peers.
LII. This Act shall not abridge the jurisdiction of Ecclesiastical censures.
* LIII. Stat. 27 El. 2. All Jesuits and Seminary Priests, and other Ecclesiastical persons, born within any of the Queen's Dominions, and ordained or made such by the pretended jurisdiction of the See of Rome, which come into or remain in any of the said Dominions, shall be adjudged guilty of high Treason; and their receivers, aiders and maintainers (knowing them to be such, and at liberty) shall be adjudged felons, without benefit of Clergie.
LIV. All others brought up in Seminaries beyond Sea, and not as yet in Orders, as aforesaid, which do not within six moneths after Proclamation made in London (in that behalf) return into this Realm, and within two days after such return, before the Bishop of the Diocess, or two Justices of Peace of the County where they shall arrive, submit themselves to the Queen and her Laws, and take the Oath of Supremacie, shall be also adjudged guilty of high Treason.
LV. They who give or send relief to any such Ecclesiastical person or Seminary, or to any brought up there, as aforesaid, shall incurre a Praemunire.
LVI. These offences shall be heard and determined in the King's Bench, or in any County where they shall be committed, or the offender taken.
LVII. This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid, which within three days after his arrival shall submit himself to some Arch-bishop, Bishop, or Justice of Peace of the County where he lands, and there take the Oath of Supremacie, and under his hand acknowledge to continue in due obedience to her Majestie's Laws.
LVIII. Here the trial of a Peer shall be by his Peers.
☞ LIX If any person knowing a Jesuit or Priest to remain within any of the Queen's Dominions, do not within twelve days discover the same to some Justice of Peace, he or she shall make fine, and suffer imprisonment during the Queen's pleasure; and the Justice of Peace which doth not within 28 days after disclose it to some of the Privy Council, or to the President or Vice-President of the [Page 117]Councils in the North, or Marches of Wales, shall forfeit 200 marks; and such of those Councils unto whom such information shall be made, shall deliver a writing under their hands unto the party informing, testifying that such information was made unto them.
LX. All Oaths, Bonds and submissions, as aforesaid, shall within three moneths be certified into the Chancery by the parties before whom they are taken, in pain of 100 l.
LXI. None having submitted, as aforesaid, shall within ten years after come within ten miles of the Court, in pain to lose the benefit of his submission.
LXII. Stat. 29 El. 6. All grants, incumbrances, or limitations of use made by any person not repairing to Church (according to the Stat. of 23 El. 1.) and which are revocable by the offender, intended for his maintenance, left at his disposition, or in consideration whereof he or his family are to be kept, shall be utterly void against the Queen, as to hinder the levying of the forfeitures for not coming to Church, or saying, hearing, or being at Masse, or the making of seizures for the same purpose.
☞ LXIII. Every conviction of any offence before mentioned shall be in the King's Bench, or at the Assize or Gaol-delivery, and not elsewhere, and shall by the Justices there be certified into the Exchequer before the end of the Term then next following.
LXIV. The Queen may seize all the goods, and two third parts of the lands and leases, of every offender not repairing to Church as aforesaid, which after their first conviction do not pay in to the Exchequer, in such of the Terms of Easter and Michaelmas as shall happen next after such conviction, the summe then due for the forfeiture of 20 l. a moneth, and yearly after that (in the same Terms) according to the rate of 20 l. a moneth, for so long time as they shall forbear to come to Church, according to the said Stat. of 23 Eliz. 1.
LXV. The indictment against such an offender shall be sufficient, although no mention be therein made that the party is within the Realm.
LXVI. When an indictment is found against such an offender, Proclamation shall be made, that he shall render himself into the Sheriff's hands before the next Assize or Gaol-delivery; which if he do not, that neglect shall be as sufficient a conviction, as if upon the same indictment a trial by verdict had proceeded.
LXVII. But here upon the offender's submission (according to the said Stat. of 23 El.) or death, no forfeiture shall insue, save onely the arrearages due at the time of such submission or death.
LXVIII. The Lord Treasurer, Chancellor, and chief Baron, or [Page 118]any two of them, shall assign a third part of the forfeitures of 20 l. a month for the relief and maintenance of the poor, houses of Correction, and maimed souldiers.
LXIX. This Act shall not extend to grants made bona fide, nor to continue any seizure after the death of the offender, in such lands wherein he had onely an estate for life, or in the right of his wife.
* LXX. Stat. 35 El. 1. If any above sixteen years of age shall be convicted to have absented themselves above a moneth from Church, without any lawfull cause, impugned the Queen's authority in causes Ecclesiastical, or frequented Conventicles, or persuaded others so to do, under pretence of exercise of Religion, they shall be committed to prison, and there remain untill they shall conform themselves, and make such open submission as hereafter shall be prescribed: And if within three moneths after such conviction they refuse to conform and submit themselves being thereunto required by a Justice of Peace, they shall in open Assize or Sessions abjure the Realm; ☞ and if such abjuration happen to be before Justices of Peace in Sessions, they shall make certificate thereof at the next Assize or Gaol-delivery.
LXXI. If such an offender refuse to abjure, or going away accordingly, doth return without the Queen's license, he shall be adjudged a felon, and shall not enjoy the benefit of Clergie; but if before he be required to abjure he makes his submission, the penalties aforesaid shall not be inflicted upon him.
LXXII. The form of the Submission is as followeth. ‘I A. B. do humbly confess and acknowledge, that I have grievously offended God, in contemning her Majestie's godly and lawfull government and authority, by absenting my self from Church, and from hearing Divine Service, contrary to the godly Statutes and Laws of this Realm, and in using and frequenting disordered and unlawfull Conventicles and Assemblies, under pretence of Exercise of Religion; and I am heartily sorry for the same, and do acknowledge and testifie in my conscience, that no other person hath or ought to have any power or authority over her Majesty: And I do promise and protest, without any dissimulation, that from henceforth I will from time to time obey and perform her Majestie's Laws and Statutes, in repairing to the Church and hearing Divine Service, and do my utmost endeavour to maintain and defend the same.’
LXXIII. The Minister of the Parish where the submission is made shall presently enter the same in a Book, and within ten days after certifie it to the Bishop of the Diocess.
[Page 119]LXXIV. The offender that after such submission falleth into a relapse, shall take no benefit thereby.
LXXV. The forfeitures of this Act and of 23 Eliz. 1. may be recovered by action of debt.
LXXVI. The third part of the penalties which accrue by this Act shall be disposed as those of 29 El. 6.
LXXVII. A feme covert shall not be compelled to abjure, but any other offender that abjures, or (being required) refuseth so to do, shall forfeit all his goods and his land during life: Howbeit here shall be no corruption of bloud, loss of Dower, or disherison of heir.
* LXXVIII. Stat. 35 El. 2. Popish Recusants, above 16 years of age, shall within 40 days after their conviction repair to their usual dwelling, and not remove above 5 miles from thence, in pain to forfeit all their goods, and their lands and annuities, during life: ☞ And if they have no certain abode, then are they to repair to the place where they were born, or where their father or mother dwells; and within 20 days after their arrival there, to give their names in writing to the Minister, Constables and Headboroughs, which Minister is to enter them in a Book to be kept for that purpose, and he, together with the said Constables and Headboroughs, is to certifie the same to the next Quarter-Session, where the Justices of Peace shall cause them to be inrolled.
LXXIX. A Copiholder shall in this case also forfeit his estate, during life, (if his estate continue so long) to the Lord of the Mannor, if he be no Recusant convict, nor seized or possessed in trust to the use of a Recusant; for then the Queen shall have the forfeiture.
LXXX. A Popish Recusant (being no feme covert, not having lands worth 20 marks per annum, or goods worth 40 l.) which within the time above limited doth not repair to the place of his abode, or doth depart above five miles thence, or within three moneths after his arrival there doth not make the submission hereafter following, (being required so to do by the Bishop, a Justice of Peace, or the Minister there) shall before two Justices of Peace, or the Coroner, abjure the Kingdom; which abjuration shall be by the said Justices or Coroner certified in at the next Assize or Gaol-delivery.
LXXXI. If such Popish Recusant depart not the Realm within the time limited by the said Justices, or Coroner, or return without the Queen's license, he shall be adjudged a felon without Clergie.
LXXXII. A Jesuit or Priest refusing to answer shall be committed to prison, and there remain till he will answer the questions whereupon he was before examined.
[Page 120]LXXXIII. This Act shall not restrain a Recusant (urged by process or summons without fraud) to travel without the abovesaid limits, so he return again in a convenient time, neither him that is compelled to render his body to the Sheriff.
LXXXIV. If such an offender before conviction, upon a Sunday or some Festival day, repair to Church, and there hear Divine Service, and before the Gospel make the Confession following, he shall be discharged of the penalties inflicted by this Act.
The Confession is this. LXXXV. ‘I A. B. do humbly confess and acknowledge, that I have grievously offended God, in contemning her Majestie's godly and lawful government and authority, by absenting my self from Church, and from hearing Divine Service, contrary to the godly Laws and Statutes of this Realm, and I am heartily sorry for the same; and do acknowledge and testifie in my conscience, that the Bishop and See of Rome hath not, nor ought to have, any power or authority over her Majesty, within any of her Majestie's Realms or Dominions: And I do promise, and proceed without dissimulation, that from henceforth I will from time to time obey and perform her Majestie's Laws and Statutes, in repairing to the Church, and hearing Divine Service, and do my utter most endeavour to maintain and defend the same.’
LXXXVI. The Minister of the Parish where such submission is made shall presently enter the same in a Book, and within ten days after certifie it to the Bishop of the Diocess.
LXXXVII. The offender that after such submission falleth into a relapse shall take no benefit thereby.
LXXXVIII. Every married woman shall be bound by this Act, save onely by the clause of abjuration.
LXXXIX. Stat. 1 Ja. 1. A Recognition, that upon Queen Elizabeth's death, the Crown of England, and all the Kingdomes, Dominions and rights belonging to the same, did by lawfull birthright and succession descend to King James.
XC. Stat. 1 Ja. 1. All the aforesaid Statutes made in the time of Queen Elizabeth shall be duely put in execution against all such as do not conform themselves, as aforesaid.
XCI. Where the Ancestor dies a Recusant, the heir being none, or conforming himself, and taking the Oath of Supremacie before the Arch-bishop or Bishop of the Diocess, the land shall be freed from all penalties.
XCII. If an heir (within age) after he shall have accomplished [Page 121]the age of 16 years doth still continue a Recusant, his lands shall not be freed, until he do conform and take the Oath of Supremacy, as aforesaid.
XCIII. A third part of every Recusant's lands shall remain clear unto him from seizure or extent, and the other two parts shall remain in the King's hands, (both before and after the Recusant's death) until the King shall be fully satisfied all the arrearages for the 20 l. a moneth, according to 23 El. 1.
* XCIV. None shall send any child or other person under their government beyond the Seas to be instructed in the Popish Religion, in pain of 100 l. and they which are so sent shall be incapable (as to themselves onely) of any grant or inheritance due unto them or to others for their use.
* XCV. If a woman or child under the age of 21 years be suffered to pass the Seas without the license of the King, or of six of the Privy Council under their hands, (except Sailors, Ship-boys, or Merchants Factors or Apprentices) the Officers of the [...]orts shall forfeit their Offices and all their goods, the owner of the Ship his Ship and Tackle, and every Master or Mariner of or in the Ship all their goods, and also suffer a year's imprisonment without bail.
* XCVI. None out of the Universities shall keep School, (except a Free-School, or in some person's house that is no Recusant, or by license of the Bishop or Ordinary) in pain to forfeit 40 s. a day.
XCVII. The forfeitures of this Act shall be divided betwixt the King and the prosecutor.
* XCVIII. Stat. 3 Jac. 4. A Recusant that conforms shall within one year after, and so once every year (at least,) receive the blessed Sacrament, in pain to forfeit for the first year 20 l. for the second 40 l. and for every default after 60 l. And if after he hath received it, he make default therein by the space of a whole year, he shall forfeit 60 l.
XCIX. These forfeitures may be recovered before Justices of Peace in Sessions, or in any other Court of Record, and are to be divided betwixt the King and the prosecutor.
C. The Church-wardens and Constables of every Parish, or one of them, or (if there be none such, then) the High Constable of the Hundred there, shall present once every year at the general Sessions of Peace the monethly absence from Church of every Popish Recusant, and their children being above the age of nine years, and their servants, together with the age of their children, as near as they can know them, in pain to forfeit respectively for every such [Page 122]default 20 s. Which presentment the Clerk of the Peace or Town-Clerk shall record without fee, in pain of 40 s.
CI. If upon such presentment (being the first) the Recusant be convicted, the Officer that presents him shall have 40 s. to be levied by warrant upon the Recusant's goods and estate, as the more part of the Justices of Peace shall think fit.
CII. Justices of Assize, Gaol-delivery and Peace have power to hear and determine of all Recusants and offences, as well for not receiving the Sacrament, according to this Act, as also for not coming to Church, according to former Laws; and likewise to make Proclamation, that they shall tender themselves to the Sheriff or Bailiff of the Liberty where they are, before the next Assize, Gaol-delivery or Sessions, respectively, which if they do not, that default being recorded, shall be taken for as sufficient a conviction of them as a trial by verdict.
CIII. Every offender not repairing to Church, as aforesaid, after their first conviction shall pay into the Checquer, in such of the Terms of Easter and Michaelmas as shall happen next after such conviction, the summ then due for the forfeiture of 20 l. a moneth, and yearly after that (in the same Terms) according to the rate of 20 l. a moneth, except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof, or that they conform themselves and come to Church.
CIV. Every conviction shall before the end of the Term next following be certified into the Exchequer, in such convenient certainty, that the Court may thereupon award process for the seizure of all the offender's goods, and two parts of his lands and leases, in case the 20 l. a moneth be not paid, as aforesaid.
CV. The King may refuse 20 l. a moneth, and take two third parts of his lands and leases; but here he shall not include the Recusant's Mansion-house, nor demise his two parts to a Recusant, or to any other for a Recusant's use: And the King's Lessee for his two parts shall give such security against committing of waste, as by the Court of Exchequer shall be thought sufficient.
CVI. It shall be lawful for the Bishop of the Diocess, or two Justices of the Peace (1. Qu.) out of Sess. to tender the Oath hereafter following to any person eighteen years old or above, (except noble men and noble women) which stand convicted or indicted of Recusancy, hath not received the Sacrament twice in the year next before, or passing through the Country, and examined upon oath, confesseth or (at least) denieth not that he or she is a Recusant, or that he or she hath not received the Sacrament twice in the year next before; which Bishop or Justices shall certifie the name and [Page 123]dwelling of the person so taking the same oath at the next Ses. where the Clerk of the Peace or Town-Clerk shall record them.
CVII. If the parties refuse to answer upon oath, or to take the oath aforesaid tendred unto them, the Bishop or Justice aforesaid shall binde them over to the next Ass. or Sess. where if they again refuse it, they shall incur a Praemunire, except women covert, who in that case shall onely suffer imprisonment till they take it. The Tenor of the Oath is as followeth.
CVIII.
I A. B. do truly and sincerely acknowledge, profess, testifie and declare in my conscience, before God and the world, that our Sovereign Lord King James is lawful and rightful King of this Realm, and of all other his Majesty's Dominions and Countries; and that the Pope, neither of himself, nor by any authority of the Church or See of Rome, or by any other means, with any other, hath any power or authority to depose the King, or to dispose of any of his Majesty's Kingdoms or Dominions, or to authorize any forein Prince to invade or annoy him or his Countries, or to discharge any of his Subjects of their allegiance or obedience to his Majesty, or to give licence or leave to any of them to bear arms, raise tumults, or to offer any violence or hurt to his Majesty's Royal person, state or government, or to any of his Majesty's Subjects within his Majesty's Dominions.

Also I do swear from my heart, that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted, or to be made or granted, by the Pope or his successours, or by any authority derived or pretended to be derived from him or his See, against the said King, his heirs or successors, or any absolution of the said Subjects from their obedience, I will bear faith and true allegiance to his Majesty, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their Crown and dignity, by reason or colour of any such Sentence or Declaration, or otherwise; and will do my best endeavour to disclose and make known unto his Majesty, his heirs and successours, all treasons and traitorous conspiracies which I shall know or hear of, to be against him or any of them.

And I do further swear, that I do from my heart abhor, detest and abjure, as impious and heretical, this damnable Doctrine and Position, That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects, or any other whatsoever.

And I do believe, and in my conscience am resolved, That neither the Pope, nor any person whatsoever, hath power to absolve me of this Oath, or any part thereof, which I acknowledg by good and full authority to [Page 124]be lawfully ministred unto me, and do renounce all pardons and dispensations to the contrary.

And all these things I do plainly and sincerely acknowledge and swear, according to the express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make this recognition and acknowledgment heartily, willingly and truly, upon the true faith of a Christian: So God me help.
CIX. Unto this Oath, the party taking it shall subscribe his name or mark.
CX. No Indictment against a Recusant shall be reversed for lack of form, other then by direct traverse to the point of not coming to Church, or not receiving the Sacrament, as aforesaid.
CXI. The party conforming himself shall from thenceforth be admitted to discharge or reverse an Indictment.
CXII. None shall go out of this Realm to serve any forein Prince or State without first taking the Oath aforesaid, in pain to be adjudged a felon. And if he have born office amongst Souldiers before his departure out of the Realm, he shall enter into Bond unto the King's use, with the Condition following, upon like pain of being adjudged a felon.
The Condition is this. CXIII. ‘That if the within bounden, &c. shall not any time then after be reconciled to the Pope or See of Rome, nor shall enter into nor consent unto any practice, plot or conspiracy whatsoever against the King's Majesty, his heirs and successors, or any his or their estate or estates, Realms or Dominions, but shall within convenient time after knowledge thereof had reveal and disclose to the King's Majesty, his heirs and successors, or some of the Lords of his or their honorable privy Council, all such practices, plots and conspiracies; That then the said Obligation to be void.’
CXIV. None but the Customer and Controller of a Port, or their deputies, shall have power to take such bond, or to minister the Oath in such case; for which bond they shall onely take 6 d. and nothing for the Oath; and shall once every year certifie into the Exchequer every such bond, in pain of 5 l. and every such oath, in pain of 20 s.
CXV. To absolve or withdraw any of the King's Subjects from their natural obedience to his Majesty, to reconcile them to the Pope or See of Rome, or to move them to promise obedience to any [Page 125]pretended authority of the See of Rome, or to any other Prince or State, or to be absolved, withdrawn, reconciled, or to make promise, as aforesaid, shall be adjudged High Treason.
CXVI. This last clause shall not extend to any reconciled, as aforesaid (for and touching the point of so being reconciled onely) that shall return into this Realm, and within six days after, before the Bishop of the Diocess, or two Justices of Peace (jointly or severally) of the County where he shall arrive, submit himself to the King and his Laws, and take the Oath of Supremacy, and also the Oath abovesaid; which said Oaths the said Bishop and Justices respectively shall by this Act have power to minister to such persons, and shall certifie them in at the next General Sessions, in pain of 40 l.
CXVII. Here, the trial of Treason shall be before Justices of Assize and Gaol-delivery of that County for the time being, and may also be before the Justices of the King's Bench: but Peers in this case shall be tried by their Peers.
CXVIII. If any person repaireth not every Sunday to some Church or Chappel, proof thereof being made to a Justice of Peace by the partie's own confession, or the evidence of one witness, the same Justice hath power to call the party before him; and if the party give not the Justice a good reason of his absence, the Justice may give warrant to the Church-wardens of the Parish under his hand and seal, to levy 12 d. for every such default, by distress and sale of goods; and in default of distress, the Justice may commit the offender to prison, until he pay the forfeiture aforesaid, which shall be imployed for the use of the poor: but this offence must be prosecuted within one moneth after it is committed; and none punished by this Law, shall also be punished by the forfeiture of 12 d. upon the Stat. of 1 Eliz. 2. Which see in Sacrament.
CXIX. None shall keep or retain any person in their house (servant or other) which shall forbear to come to Church by the space of a moneth together, in pain to forfeit 10 l. for every moneth they so keep them: Howbeit, children may relieve their father or mother, and Guardians their Wards or Pupils.
CXX. The Sheriff, upon a lawful Writ, may justifie to break an house for the taking of a Recusant excommunicate.
CXXI. The Justices of the King's Bench, and Justices of Assize and Gaol-delivery, may hear and determine all the offences committed against this Act; and so may Justices of Peace, all save Treason.
CXXII. The offences made felony by this Act shall not cause [Page 126]loss of Dower, corruption of bloud, or disherison of heirs.
CXXIII. Here, if an Action shall be brought against an Officer for the execution of this Act, he may plead the general issue, and yet give special matter in evidence.
CXXIV. This Act shall not abbridge the jurisdiction of Ecclesiastical censures.
CXXV. None shall be punished for his wife's offence, neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act.
CXXVI. Six of the Privy Council (whereof the Lord Chancellor, Lord Treasurer, or Principal Secretary shall be one) have power to minister the Oaths abovesaid to noble men (being 18 years old,) and to noble women also of the like age and unmarried, who shall take the same Oaths accordingly, in pain to incurr a Praemunire. Vide infrá.
CXXVII. The Warden of the Cinque-ports, or some authorized by him, shall take the bond, and minister the Oath aforesaid, where any person passeth beyond Sea out of them or any of their members.
CXXVIII. Stat. 3 Jac. 5. The person that within three days notice shall discover to a Justice of Peace any that entertains a Popish Priest, or any which have heard or said Mass, shall have a third part of the forfeiture due for the same offences, if the whole exceed not 150 l. and then onely 50 l. thereof to be delivered unto him by the Sheriff or other Officer which shall have power to levy the same.
CXXIX. No convicted Recusant shall come into the Court without command from the King, or warrant from the Privy Council under their hands, in pain of 100 l. to be divided betwixt the King and the discoverer.
CXXX. A Popish Recusant convicted or indicted, or any person not coming to Church by the space of three moneths together, which remains in London, or within 10 miles distance thereof, shall within ten daies after such conviction or indictment depart from thence, and also shall deliver their names (in London) to the Lord Mayor there, and (in the County) to the next Justice of Peace, in pain of 100 l. to be divided betwixt the King and the prosecutor: Howbeit this clause shall not extend to Trades-men, or such as have no other habitation then in London, or within 10 miles distance, as aforesaid.
CXXXI. It shall be lawful for a Recusant to go about his necessary occasions, as far as a licence (obtained from the King, or from three of the Privy Council, under their hands, or four of the [Page 127]next Justices of Peace, under their hands and seals, with the assent in writing of the Bishop, Lievtenant or Deputy-Lievtenant of the same County) shall give him leave, notwithstanding the Stat. of 35 El. 2. which licence shall not be granted by the said Justices, till the party hath made oath of the true reason of his journey, and that he will make no causless stays.
CXXXII. No convicted Recusant shall practise the Common Law, Civil Law, Physick, or Art of Apothecary, or be an officer of or in any Court, or bear any office amongst Souldiers, or in a Ship, Castle or Fortress, in pain of 100 l. to be divided betwixt the King and the prosecutor.
CXXXIII. No Popish Recusant convict, or whose wife is a Popish Recusant convict, shall exercise any publick office in the Commonwealth by himself or his Deputy, unless he bring up his children in the true Religion, and together with his children and servants repair to the Church, and receive the Sacraments at such times as by the Law are limited.
CXXXIV. A married woman being a Popish Recusant convict (her husband being none) that doth not conform her self, as aforesaid, by the space of one whole year before her husband's death, shall forfeit two third parts of her Dower or Joynture, and shall be incapable of being Executrix or Administratrix to her husband, and of enjoying any part of her husband's goods.
CXXXV. A Popish Recusant, after conviction, shall be reputed to all intents as a person excommunicate, until he shall conform, go to Church, receive the Sacraments, and take the Oath of Obedience ordained by 3 Jac. 4. Howbeit, he may sue for his interest in lands not seized into the King's hands.
CXXXVI. A Popish Recusant convict, which is married otherwise then in open Church, and by a lawful Minister, according to the Orders of the Church of England, shall not be tenant by the Courtesie; and a woman also (in this case) shall be disabled to enjoy her Dower, Joynture, Widow's estate, or any of her husband's goods: And where a man cannot be tenant by the Courtesie, he shall forfeit 100 l. to be divided betwixt the King and the prosecutor.
CXXXVII. Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawful Minister, in pain to forfeit 100 l. if he out-live the moneth; if not, then his wife is to pay the same forfeiture; which shall be divided into three parts, whereof the King shall have one, the prosecutor another, and the poor of the Parish the third.
CXXXVIII. Every Popish Recusant shall be buried in the [Page 128]Church or Church-yard, and according to the Ecclesiastical laws of this Realm, in pain that his Executor, Administrator, or the party that caused him to be otherwise buried, shall forfeit 20 l. to be divided into three parts, and dispersed as aforesaid.
CXXXIX. A child (being no Souldier, Mariner, Merchant or Apprentice, or Factor to a Merchant) shall not be sent or go beyond Sea without license of the King, or six of the Privy Council, (whereof the principal Secretary shall be one) in pain to be thereby incapable to enjoy any lands or goods by descent or grant, untill (being eighteen years of age, or above) he take the said Oath of Obedience before some Justice of Peace of the County where his parents do or did dwell. And in the mean time, the next of his kin (being no Popish Recusant) shall enjoy the lands and goods; but shall be accountable to the other, in case he after conform himself, as aforesaid. And he that so goes out of the Kingdom without license shall forfeit 100 l. to be divided and imployed as aforesaid.
CXL. A Popish Recusant convict shall be disabled to present to a Benefice; but in stead of him, the Chancellor and Scholars of the Universities of Oxford and Cambridge shall present within several Counties respectively. For which see the Statute at large. Howbeit, they shall not conferr it upon a man already beneficed.
CXLI. A Popish Recusant convict shall not be an Executor, Administrator, or Guardian; but the next of kin (being no Recusant, and unto whom the land cannot lawfully descend) shall have the wardship and tuition of an Heir or orphan in that case.
CXLII. A grant of the King's ward to a Popish Recusant convict shall be void.
CXLIII. None shall bring from beyond Sea, print, sell or buy any Popish Primers, Ladie's Psalters, Manuals, Rosaries, Popish Catechisms, Missals, Breviaries, Portals, Legends or Lives of Saints, in what Language soever they shall be printed or written, nor any other superstitious Books, printed or written in the English tongue, in pain to forfeit 40 s. for every such Book, to be divided into three parts, and imployed as aforesaid.
CXLIV. Two Justices of Peace, and all Mayors, Bailiffs, and Head-officers, have power to search the houses and lodgings of Popish Recusants convict, and of every person whose wife is a Popish Recusant convict, for Popish books and reliques, and to burn and deface such as they shall find in their custody; but such as are of value shall be defaced in open Sess. and afterward restored to the owner.
CXLV. All the Armour, Gunpowder and Munition of a Popish [Page 129]Recusant convict, shall be taken from him by warrant from four Justices of Peace at the General Sess. (other then such weapons as shall be allowed unto him by the same Justices) which said Armour and Munition shall be kept at the costs of such Recusant in such places where the said Justices shall appoint, and shewed at every Muster, as his arms together with his horse, which he shall buy, provide and maintain for that purpose, according to his ability as other Subjects doe. And here, the Recusant that refuseth to declare what Armour and Munition he hath, or to deliver it to such persons as shall have power to seize it, shall forfeit the same to the King, and besides, shall upon warrant from any Justice of Peace of that County, be imprisoned by the space of three moneths without bail.
CXLVI. This Act shall not abridge Ecclesiastical censures.
CXLVII. Stat. 7 Jac. 2. No person of the age of eighteen years or above, shall be naturalized or restored to bloud; unless he have received the Lord's Supper within a moneth before his bill was exhibited, and also do take (before the bill be twice read) the oaths of Supremacy and Allegiance to be ministred unto him (in the house of Lords) by the Lord Chancellor or Keeper, and (in the Common house) by the Speaker.
* CXLVIII. Stat. 7 Jac. 6. Who shall take the Oath of Obedience (or Allegiance) by whom it shall be ministred, and within what time.
CXLIX. It shall be lawful for any of the Privy Council, or any Bishop within his Diocess, to require a Baron or Baroness of eighteen years of age, or above, to take the said Oath: and likewise for any two Justices of Peace, (1. Qu.) to require any person of the age aforesaid, or above, and under the degrees aforesaid, to take the same Oath.
CL. If any Baron or Baroness, stand presented, indicted or convicted for Recusancy, three of the Privy Council (whereof the Lord Chancellor, Treasurer, Privy Seal, or the principal Secretary shall be one) shall minister unto them the said Oath: But if it be any other convicted person under those degrees, or if the Minister, pety Constables, or Church-wardens of any Parish, or any two of them shall complain to any Justice of Peace, of any person suspected for Recusancy: then any such Justice may (in either of the said cases minister the said Oath, and upon refusal shall commit the party to prison, there to remain until the next Ass. or Sess: where if he or she again refuse to take it, they shall incur a Praemunire, except women covert, who shall onely be imprisoned, and there remain without bail, untill they shall take the said Oath:
[Page 130]CLI. None refusing the said Oath, shall be capable of any Office of Judicature or of other Office (being no Office of inheritance or Ministerial function) or to practise the Common Law, Physick, Chirurgery, the Art of Apothecary, or any liberal Science for gain.
CLII. If a married woman, being a convicted Recusant, do not conform within three moneths after conviction, she shall be committed to prison by a privy Councellor, or the Bishop of the Diocess, if she be a Baroness; But if any other of a lower degree, then shall she be committed by two Justices of Peace (1. Qu.) and there shall remain until she conform, as aforesaid; unless the husband for the wife's offence will pay unto the King 10 l. for every moneth, or yield the third part of all his lands, at the choice of the said husband.
CLIII. None shall go himself, or send any person whatsoever beyond sea, to be trained up in Popery, or any maintenance or relief to the party so sent, or to any School or Religious house there, in pain (after conviction thereof) to be adjudged unable to prosecute any suit in any Court of Equity, to be Cummittee of any Ward, Executor or Administrator, to be uncapable of any Legacy or deed of Gift, or of bearing Office within this Realm: And besiders to forfeit all his goods and chattels, and his land also during life: But if he conform within six weeks after his return, according to the Statutes in that case provided, he shall not incur the penalties abovesaid.
CLIV. These offences shall be heard and determined by the Justices of the King's Bench, Assize, Gaol-delivery, and Oyer and Terminer of such Counties, where the offenders did last dwell, or whence they departed, or where they shall be taken.
CLV. For Uniformity of Common-Prayer: See Title Religion.
* CLVI. Stat. 3 Car. 2. The Statute of 1 Jac. 4. shall be duely put in execution: and none of the King's Subjects shall pass or go, or shall convey or send, or cause to be coveyed or sent, any child or other person, out of any of the King's Dominions, into any parts beyond the Seas, out of the King's Obedience, to the intent to be resident or trained up in any popish society, School or family, or to be there instructed in the Popish Religion, in any sort to profess the same: Neither shall any convey or cause to be conveyed, any money or other thing, towards the maintenance of any such child or person already gon or lent, or to go, or to be sent, and trained and instructed, as aforesaid; or (under the name of charity) towards the relief of any such Society or Religious House; upon pain [Page 131](after conviction in any of the aforesaid cases) to be disabled to sue, or use any action, bill, plaint or information in course of Law, or to prosecute any suit in equity or to be Committee of any Ward, or Executor or Administrator to any person, or capable of any legacy, or deed of Gift, or to bear Office within the Realm, and to forfeit all his goods and chattels, and also his lands, rents, annuities, and Offices, during his life.
CLVII. Howbeit, no person so sent or conveyed, as aforesaid, who shall within six weeks after his return, conform himself to the present Religion here established, and receive the Sacrament of the Lord's Supper, shall incurr any of the penalties aforesaid.
CLVIII. Justices of the King's Bench, Assize, Gaol-delivery, and Oyer and Terminer have power to hear and determine these offences in such Counties where such offenders did last dwell, or whence they departed, or where they are taken.
CLIX. Stat. 16. 17 Car. 11. The branch of the Statute of 1 Eliz. 1. which gave power by commission under the Great Seal to exercise Ecclesiastical Jurisdiction (and whereupon the pretended authority of the High Commission-Court was founded) is repealed.
CLX. No Ecclesiastical Judge, Officer or Minister of Justice, shall award, impose, or inflict any pain, penalty, fine, amerciament, imprisonment, or other corporal punishment upon any of the King's Subjects for any contempt, offence, matter, or thing whatsoever, nor give any oath to any Church-warden, Side-man, or other person to present or confess any thing, or to accuse him or her self of any crime or offence, whereby they may be liable to any pain or punishment, in pain to forfeit treble dammages to the party grieved, and an 100 l. to the first prosecutor, to be recovered by action of debt, &c. in which no wager of Law, &c. shall be allowed.
CLXI. The party offending against this Act shall be disabled to execute any employment in any Court of Justice, and to exercise any Jurisdiction by the force of any Letters Patents from the King.
CLXII. No new Court, which may have the like power that the High Commission pretended to have, shall be hereafter erected, but all such jurisdictions, and all acts, sentences and decrees made by colour thereof, shall be utterly void and of none effect.

Vid. Title Courts and Eccclesiastical Jurisdiction: n. 1.11, &c.

[Page 132]

Cui in vitâ.

I. West. 2.3. 13 E. 2. A Writ of Entry (called Cui in vita) is given to the wife for the recovery of her land, lost by the default of the husband in his life time: and in his life time also she shall be admitted to defend her right, if she come in before judgment.
II. The like priviledge is given to the Reversioner, where the tenant in Dower, by the Courtysie, for life, or by gift doth lose by default, or will yeild up the land,

☞ Customs, Customers and Controllers.

I. Stat. 14 E. 3.21. A mark shall be the Custom of a Sack of wool and of woolfels, and leather the old custom.
II. A Sack of wooll shall contain 26 stone, and each stone 14 pounds; and for every sack of wooll exported, four nobles worth of silver plate shall be imported, and brought to the King's exchange, where the party shall receive his mony for his plate.
III. Wools shall not be cocketed, but in the name of the right owner, in pain to forfeit the same.
IV. Stat. 14 R. 2.10. No Customer or Controuler shall have any Ships of his own nor meddle with the freight of Ships.
V. Stat. 4 H. 4.20. Every Customer upon his account, shall be sworn to render a true account to the King.
VI. Stat. 11 H. 4.2. None that holdeth a common Hostery shall be a Customer, Controuler, Finder or Searcher.
VII. Stat. 3 H. 6.3. No Customer, Collector or Controuler shall conceal Customs duely entred and paid, in pain to forfeit the treble value of Merchandize so customed; and to make fine and ransom to the King; of which penalties the profecutor shall have a third part.
VIII. Stat. 11 H. 6.15. Every Customer and Controuler shall deliver to the Merchant a warrant (under the Seal of their Office) of the Merchandize to them shewed, without fee, in pain to be subject to be sued by the Merchants, and to forfeit for every such default 10 l. to the King, and 5. to the Merchant.
IX. Stat. 20 H. 6.4. Merchant Denizons that transport any Wooll, Woolfels, or Tin to any other place then the Staple, shall pay such custom and other duties for the same as Merchants Aliens pay.
X. This Statute shall not prohibit such as have the King's licence [Page 133]to transport those commodities to other places then Calice, where (it seems) the Staple then was.
XI. Stat. 20 H. 6.5. No Customer, Controuler, Searcher, Surveyor of Searchers, or their Clarks, Deputies, Ministers, Factors, or servants, shall have any Ship of their own, use Merchandise, keep a Wharf, Inn or Tavern, or be a Factor, Attorney, or Host to a Merchant, in pain of 40 l. to be divided betwixt the King and the Prosecutor.
XII. Stat. 1 H. 7.2. Aliens made Denizons, shall pay such customs and subsidies as they did before they were made Denizons.
XIII. Stat. 3 H. 7.7. Every Merchant that, importing any goods into this Realm, entring the same with the Customer of the Port where he lands, and paying there all duties, is minded to transport them to some other Port, shall obtain a Certificate under the Customers Seals, expressing the nature, colour, length, value, content, or weight of such goods, to be directed and delivered to the Customers of the Port, where they are to be conveyed, before they be discharged, in pain to forfeit the said goods, to be divided betwixt the King and the Prosecutor. And the Customers are to make a true Certificate thereof, in pain to forfeit their Offices, and make fine at the King's pleasure.
XIV. No Merchant Denizon or Stranger, shall make entry of any goods in the Customer's books, but onely in the name of the right owner, in pain to forfeit the same, suffer imprisonment, and make fine at the King's pleasure.
XV. None shall take upon him to be a Customer, Controuler, or Searcher in any City, Borough or Town, while he is a common Officer, or Deputy to a common Officer there, in pain to forfeit 40 l. for every six moneths he so executes them together, to be divided betwixt the King and the prosecutor.
XVI. Stat. 11 H. 7.6. The Custome and Subsidy of all woollen clothes to be carried beyond Sea, wheresoever they were packed, shall be paid to the Customers of the Port, where they shall be shipped, or to their Deputies.
XVII. Stat. 11 H. 7.14. Merchants Strangers though made Denizons, shall pay such Customs and Subsidies as they should have paid, if they had not been made Denizons.
XVIII. Stat. 1 H. 8.5. The Branch of the Statute of 3 H. 7.7. concerning the entry of goods in another's name, is repealed, because it seemed to extend as well to Englishmen as strangers.
XIX. Any Englishman, and other Subject of the King's, may custom in his own name the goods of another Englishman, or Subject.
[Page 134]XX. Every Merchant-stranger may custom in his own name the goods of another Merchant-stranger; so that such Merchant-stranger, and also the owner of the goods be charged with like custom.
XXI. He that so customs goods, that the King thereby loseth his custom, or other duties, shall forfeit the goods to the King, and as much to the party grieved, as the goods are worth.
XXII. None free of the Prizage or Butlerage of Wines shall custome any Wines of another, not free thereof, in pain to forfeit the double value of the Wine so customed.
XXIII. An Action of Debt is given to the party grieved against him that customs goods in his own name, when they are another man's, to recover the value of the goods so customed.
XXIV. Stat. 4 H. 8.6. No Collector or Controuler of the Subsidy of Cloth of Gold, Silver, Bandekin, Velvet, Damask, Sattin, Sarsenet, Tartron, Chamlet, or other Cloth of Silk, shall take any thing for sealing the same, in pain to forfeit 20 l. for every time.
XXV. The Collector or Controuler shall not delay the Merchant in sealing such Merchandize, in pain of 40 s. to be divided betwixt the King and the Merchant grieved.
XXVI. Stat. 2. 3 E. 6.22. If any offend, contrary to the Statute of 1 H. 8.5. they shall forfeit all their goods and chattels, to be divided betwixt the King and the prosecutor, if the Action be prosecuted within three years.
XXVII. Stat. 12 Car. 2. ca. 4. A Subsidy of Tunnage and Poundage granted to the King for life upon the cause and trust of guarding and defending the Seas, and intercourse of trade: viz. Tunnage.
- 1. Every Tun of French wine brought into the Port of London, by 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 [Page 135] 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, Calveskins 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 [Page 136]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 [Page 137]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 Leapyear 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.
[Page 138]III. Stat. 51 H. 3. Concerning general Days in a Writ of Dower.
- If the Writ come in
  - Octabis Mich.
  - Quindena Mich.
  - Tres Michael.
  - Mense Mich.
  - Crastino Anim.
  - Crastino Mart.
  - Octabis Mart.
  - Quindena Mart.
  - Octabis Hill.
  - Quindeno Hill.
  - Crastino Purif.
  - Octabis Purif.
  - Quindena Paschae.
  - Tres Paschae.
  - Mense Paschae.
  - Quinque Paschae.
  - Crast. ascens.
  - Octabis Trin.
  - Quindena Trin.
  - Crast. Johannis.
  - Octabis Johan nis.
  - Quindena Johannis.
- Day shall be given untill
  - Crastino Animarum.
  - Crast Martini.
  - Octabis Martini.
  - Quindena Mart.
  - Octabis Hillarii.
  - Quindena Hillarif.
  - Crastino Purif.
  - Octabis Purif.
  - Quindena Paschae.
  - Tres Paschae.
  - Mense Paschae.
  - Crastino Ascens.
  - Octabis Trin.
  - Quindena Trin.
  - Crast. Joh. Bapt.
  - Octabis Joh. Bapt.
  - Quindena Johannis.
  - Octabis Mich.
  - Quindena Mich.
  - Tres Michael.
  - Mense Mich.
  - Crastino Anim.
IV. Marlbridg, 12. 52 H. 3. In Dower (unde nihil habet) four days shall be given in the year, and more, if conveinently may be; so that they shall have five or six days (at least) in the year.
V. In Assizes of Darreign presentment, and a Plea of Quare impedit, days shall be given from fifteen to fifteen, or from three weeks to three weeks, according to the distance of the place.
VI, In a Quare impedit, if the Disturber come not in upon summons, nor cast an Essoine, he shall be attached at another day, when if he come not, nor cast an Essoine, the great distress shall issue against him, when if he come not, a Writ shall be sent to the Bishop, that the Disturber claim not for that time to the prejudice of the Plaintiff saving unto him his right at another time.
VII. The same Law shall be observed for Attachment, as for Distresses, so that the second Attachment shall be made by better pledges, and after the last Distress.
VIII. Stat. 32 H. 8.21. There shall be onely four days of Return in Trinity-Term, viz. Crast. Trin. Octab. Trin. Quindena Trin. and Tres Trin.
[Page 139]IX. This Term shall hereafter begin upon the Munday after Trinity Sunday for keeping of Essoines, Profers, Returns, and other ceremonies formerly used; and the full Term shall begin the Friday after Corpus Christi Day, being always the Friday next ensuing.
X. If a writ in any reall Action come in and be returnable:
- Octabis Hill.
- Quindena Hill.
- Crastino Purif.
- Octabis Purif.
- Crast. Trin.
- Octab. Trin.
- Quindena Trin.
- Tres Trin.
- Day shall be given in
  - Crastino Trin.
  - Octab. Trin.
  - Quinden Trin.
  - Tres Trin.
  - Crast. Anim.
  - Crast Martini.
  - Octabis Martini.
  - Quindena Mart.
XI. If any Writ of Dower come in and be returnable.
- Quindena Paschae.
- Tres Paschae.
- Mense Paschae.
- Quinque Pase, or Crast. Ascens.
- Crastino Trin.
- Octabis Trin.
- Quindena Trin.
- Tres Trin.
- Day shall be given in
  - Crastino Trin.
  - Octab. Trin.
  - Quind. Trin.
  - Tres Trin.
  - Octab. Mich.
  - Quind. Mich.
  - Tres Mich.
  - Mense Mich.
XII. All common Writs and Processes (as well personal as mixt) shall keep the said returns of Trinity-Term, ordained by this Act.
XIII. This Act shall not prohibit the Justices of the King's Courts of Record, to assign special days of Return, in such cases and processes, as have used to have special days assigned.
XIV. The said Statute of Marlbidge, 12 and also 5 E. 3. (which see in attaint) being not contrariant to this Act, shall remain firm, notwithstanding this Act.
XV. Stat. 16, 17 Car. 6. There shall be onely six days of return in Michaelmas Term, viz. Tres Michael. Mense Michael. Crast. Anim. Crastino Mart. Octabis Mart. and Quindena Mart.
XVI. Michaelmas Term shall hereafter begin at Tres Mich. for the keeping of Essoines, Profers, Returns, and other ceremonies heretofore used, and the full Term shall be four days after: Howbeit, if the beginning of the Term, or the said fourth day happen to be Sunday, then the next day is to be kept for it.
[Page 140]XVII. If any Writ in any real action (other then writs of Entry for common Recoveries, writs of right of Advowson, and Writs of Dower, unde nihil habet, hereafter mentioned) come in and be returnable
- Tres Mich.
- Mense Mich.
- Crastino Anim.
- Crastino Mart.
- Octab. Mart.
- Quindena Mart.
- Octab. Hill.
- Quindena Hill.
- Crast. Purif.
- Octabis Purif.
- Quindena Paschae.
- Tres Paschae.
- Mense Paschae.
- Quin (que) Paschae.
- Crast. Ascens.
- Crast. Trin.
- Octab. Trin.
- Quind. Trin.
- Tres Trin.
- Then day shall be given
  - Crastino Purif.
  - Octabis Purif.
  - Quind. Paschae.
  - Tres Paschae.
  - Mense Paschae.
  - Quind. Pasch.
  - Crast. Ascens.
  - Crast. Trin.
  - Octab. Trin.
  - Quindena Trin.
  - Tres Trin.
  - Tres Mich.
  - Mense Michaelis.
  - Crastino Anim.
  - Crast. Mart.
  - Octab. Mart.
  - Quindena Mart.
  - Octabis Hillarii.
  - Quindena Hillarii.
XVIII. Provided, that in Writs of Dower (unde nihil habet) after issue joyned 15 days betwixt the teste and the Term shall suffice, as is used in personal actions.
XIX. Crastino Ascens. shall be a good return, notwithstanding there be not 15 days between the quarto die of that return, and the Essoin-day of the return of Crast. Trin. Also the return from Tres Mich. to Crast. Anim. shall be a good return, albeit there be not 15 days between the Quarto die of Tres Mich. and the Essoin days of Crast. Anim.
XX. All Writs of Summons ad warrantizandum against Vouchees upon common Recoveries had in Writs of Entrie upon the apparance of the tenant, and all Writs of Right of Advowson shall be abridged to five Returns, as Writs of Summons, ad warrantizandum in Writs of Dower have been heretofore used.
XXI. This Act shall not prohibit the Justices of the King's Courts of Record to assign special days of Return in such cases and processes, as have used to have special days assigned.
XXII. The days in Assize of Darreign Presentment, and in Plea of Quare impedit, limited by the said Statute of Marelbridge, and also the days given in Attaint, limited by 5 E. 3 8. and 23 H. 8.3. (which see in Attaint) being not contrary to the tenour of this Act, shall be held firm, notwithstanding this Act.

[Page 141]

Damages and Costs.

I. Glocester, 1. 6 E. 1. Damages are given in Assizes of Novel disseisin as well against the alienee of the disseisor, as against the disseisor himself; so that every one shall answer for his time.
II. The disseisee shall recover damages in a Writ of Entrie upon Novel disseisin against him that is found tenant after the disseisor.
III. Damages shall be awarded in all cases, where one recovereth in an Assize of Mortdancester. And also in Writs of Cosinage, Ayel and Besayel.
IV. The Demandant may recover against the Tenant the costs of his Writ, together with the damages, aforesaid, and this Act shall hold place in all cases, where the party is to recover damages.
V. Glocester, 14. 6 E. 1. Disseisees in London, shall have damages by Recognisance of the same Assize, whereby they recovered their lands, and the Disseisors shall be amercied before two Barons of the Exchequer, which shall resort once a year into the Cities to do it, and the Barons and Treasurer shall cause it every year to be levied by two of them at their rising after Candelmas, And the Amerciaments shall be levied by summons of the Exchequer to the King's use.
VI. Exposition of Glocester, 6 E. 1. where any have entred by a Disseisor, the damages shall run from the time of the Statute published.
VII. In Writs of Entrie sur disseisin, Mortdancester, Cosinage, Byel, and Besayel, and touching intrusion, or of ones own act, by any manner of Writ, the damages shall run after the Writ purchased against them that held since the Statute, albeit their Ancestors died seised thereof.
VIII. Stat. 3 H. 7.10. Where any person bound by a judgement shall sue (before execution had) a Writ of Error to reverse it, if the judgment be affirmed, the Writ discontinued, or the party that sueth it be nonsuit, the party against whom the Writ is brought, shall recover his costs and damages at the discretion of the Justices before whom the said Writ is sued.
IX. Stat. 19 H. 7.20. The Statute of 3 H. 7.10. is confirmed, and shall be duly put in execution.
X. Stat. 23 H. 8.15. If the Plaintiff be nonsuit or overthrown by lawfull triall in any action, Bill, or Plaint, for trespass upon the Statute of 5 R. 2.7. which see in forcible Entrie, 1.) or for any debt or covenant, upon specialty or contract, or for detinue, account upon the case, or upon any Statute, the Defendant shall in such case, [Page 142]have his costs, to be assessed by the Judge or Judges of the Court, and to be recovered as the Plaintiff might have recovered his, in case Judgment had been given for him.
XI. Here, he that sues in forma pauperis, shall (not pay costs, but) suffer such punishment as the Justices or Judge of the Court shall think sit.
XII. Stat. 24 H. 8.8. There shall be no costs awarded to the Defendant, when any action is sued to the King's use.
XIII. Stat. 43 El. 6. In personal actions in the Courts at Westmin, (being not for land or battery) when it shall appear to the Judges (and so by them signified) that the debt or damages to be recovered, amount not to the summe of 40 s. or above, the said Judges shall award to the Plaintiff no more costs then damages, but less, at their descretion.
XIV. Stat. 4 Ja. 3. If the Demandant or Plaintiff be nonsuit or overthrown by lawful trial, in any action whatsoever, the tenant or Defendant shall have costs, to be assessed and levied, as costs are to be assessed and levied, by the Stat. of 23 H. 8.15.
XV. Stat. 21 Ja. 16, In Actions of Slander, if the Jury find, or assess the damages under 40 s. the Plaintiff shall recover no more costs then damages.

Darrein Presentment.

I. Magna Charta, 13. 9 H. 3. Assizes of Darrein Presentment shall be taken before the Justices of the Bench, and there shall be determined.

Debt.

I. West. 2. 13 E. 1. None shall restrain a forreigner in any City, Burrough, Town, Market, or Fair, for any debt, wherefore he is not debtor or pledge, in pain to be grievously punished; and if he be, the distress shall be re-delivered without delay by the Bailiff of the place, or the King's Bailiff, if need be.
II. Stat. 1 R. 2.12. No Warden of the Fleet shall suffer any prisoner, (being in by judgment) to go at large, by mainprize, Bail, or Baston, without agreeing with the party for the thing adjudged (unless it be by Writ, or other command of the King) in pain to lose his Office.
III. The Warden being attainted thereof by due process, the Plaintiff shall have their recovery against him by Bill of Debt.
IV. If any person, being judged to another prison, shall (with [Page 143]purpose to be removed to the Fleet, and their to have more liberty) confess himself Debtor to the King, the said Recognizance shall be received; and if he be not Debtor to the King upon record, he shall be remanded, and their remain untill he hath agreed with the party, and afterwards shall be sent to the Fleet, and there remain untill the King be satisfied the Cognizance.
V. Stat. 2 R. 2. Parl. 2.3. Where a Debtor makes a fraudulent conveyance to defraud the Creditor, if upon the Capias for the debt, the Sheriff return, he hath not taken him, because of some priviledged place where he lies; the Sheriff shall have another Writ to make proclamation once a week, five weeks together, at the gate of the priviledged place, that the party appear at the day comprized in the last Writ; and then upon return of the said last Writ, that proclaimation is made accordingly; if the party appear neither by himself, nor his Attorney, judgment shall be given against him upon the principal for his default, and also (the Collusion being proved) Execution had of all his goods and lands, without the place priviledged, as well those demised as others.
VI. Stat. 3 Jac. 15. Every Citizen and Freeman of London, and every other person there inhabiting, being a Tradesman, Victualler, or Labourer, which hath any debt due to him, not amounting to 40 s. by any such person as aforesaid, may cause the debtor to be summoned to the Court of Requests at Guildhall upon a writing to be left at the debtors house by an officer of the same Court, or by some other reasonable warning, to appear before the Commissioners there, who (or any three of them) shall have power to make orders therein, to be registred in a Book, and duly observed by both parties.
VII. The Commissioners also, (or any three or more of them) have power to administer oaths both to the parties and witnesses.
VIII. If any such person, as aforesaid, for any such debt commence any suit elsewhere, against any other like person, and that it appear to the Judge upon the Defendants own oath, or other sufficient testimony, that he is a Freeman, or inhabitant of London, as aforesaid, and also that the damages sued for, amount not to 40 s. the said Judge shall not allow to the Plaintiff any costs of suit at all, but shall award to the Defendant his reasonable costs.
IX. None shall refuse to appear upon due summons, or to obey the Commissioners orders, in pain to be imprisoned in one of the Counters of the said Officer, or any other of the Serjeants at Mace of the City, there to maintain, untill their orders be performed.
X. This Act shall not extend to any debt for rent, real contracts, [Page 144]or concerning Testaments, Matrimony, or any thing belonging to the Ecclesiastical Court.
XI. Stat. 7 Ja. 12. None keeping a Shop-book, his Executors or Administrators shall be allowed to give it in evidence for wares or work, above one year before the Action brought, unless they having obtained a Bond or Bill for the debt, or brought an Action thereupon, within one year before the wares delivered or work done.
XII. This Act shall not hold place between Merchant and Merchant, Tradesmen and Tradesmen, or Merchant and Tradesman, for any thing, falling within the compass of their mutual Trades and Merchandize.

Debt to the King.

I. Magna Charta, 8. 9 H. 3. The King nor his Bailiffs shall levie any debt upon lands or rents, so long as the debtor hath goods and chattels to satisfie, neither shall the pledges be distrained so long as the principal is sufficient; but if he fail, then shall the pledges answer the debt: Howbeit, they shall have the debtors lands and rents, untill they be satisfied, unless he can acquit himself against the pledges.
II. Magna Charta, 18 9 H. 3. The King's debtors dying, the King shall be served before the Executor.
III. West. 1.19. 3 E. 1. The Sheriff having received the King's debt, upon his next account, shall discharge the debtor thereof, in pain to forfeit three times so much to the debtor, and to make fine at the Kings will.
IV. The Sheriff or his heirs, shall answer all moneys, that they who he imploys, do recive; and if any other that is answerable to the Exchequer by his own hands do so, he shall render thrice so much to the Plaintiff, and make fine, as before.
V. Upon payment of the King's debt, the Sheriff shall give a tallie to the debtor, and the process or levying the same shall be shewed him upon demand without fee, in pain to be grievously punished!
VI. Artic. super Chartas, 12. 28 E. 1. Beasts of the Plough shall not be distrained for the King's debt, so long as others may be found upon such pain, as is elsewhere ordained by Statute, (viz. by the Statute De districtione Scaccarii, 51 H. 3. which see in Distress.)
VII. The great Distresses shall not be taken for his debts, nor driven to farre, and if the the debtor can find convenient surety, the [Page 145]distress shall in the mean time be released: and he that doth not otherwise shall be grievously punished.
VIII. Stat. 13 El. 4. All the lands, tenements and hereditaments, with any Accomptant of the Queen, her heirs and successors, hath while he remains accomptable, shall for the payment of the debts of the Queen, her heires and successors be lyable and put in execution in like manner, as if such Accomptant had stood bound by writing Obligatorie, (having the effect of a Statute staple) to her Majesty, her heirs and successors for payment of the same.
IX. If this super be not paid within six moneths after the accompt past, the Queen, &c. may sell so much of his estate as will answer the debt, and the overplus of the sale is to be rendred to the Accomptant or his heirs, by the Officer, that receives the purchase-money, without further warrant.
X. I such an Accomptant or Debtor purchase lands in others names, in trust for his use, that being found by Office or inquisition, those lands also shall be liable to satisfie the debt, in such manner as before is expressed.
XI. Lands purchased by Accomptants, since the beginning of the Queen's Reign, either in their own names, or in the names of others in trust for their use, shall be also liable to be sold for the discharge of their debts, as aforesaid, rendering the overplus to the Accoumptant, as before.
XII. Provided, that Bishops lands shall be onely chargeable for Subsidie or Tenths, as they were before the making of this Act, and not otherwise.
XIII. Neither shall this Act extend to charge any Accomptant, whose yearly receipt exceeds not 300 l. otherwise then as he was lawfully chargeable before this Act.
XIV. Neither shall this Act extend to such accomptants, as by order of their Offices and charge-immediately after their accompts past, are to lay out money again, such as are the Treasurers of War, Garrisons, Navie, provision of Victuals, or for Fortifications, or Buildings, and the Master of the Wardrobe, unless the Queen, &c. command present pay.
XV. Neither doth this Act extend to Sheriffs, Escheators, or Bailiffs of Liberties, concerning whose Accompts, the course remains the same that it was before.
XVI. Lands bought of an Accomptant, bona fide, and without notice of any frandulent intent in the Accomptant, shall be discharge: And if they be found by Office, yet shall they upon traverse be dischared without livery, Oustre le main, or other suit.
[Page 146]XVII. The Queen, &c. being satisfied by sale of land, the sureties shall be discharged for so much, and if any yet remaine unpaid, the surities shall pay the residue ratably according to their abilities.
XVIII. Stat. 14 El. 7. The Statute of 13 El. 4. shall also extend to make the lands, &c. and goods of Under-Collectors (substituted by Bishops, and (sede vacante) by Dean and Chapter to collect the Tenths and Subsidies, of the Clergie liable to their debts.
XIX. The said Under-Collectors shall accompt in the Exchequer, and the Bishop, and Dean and Chapter, (sede vacante) shall be discharged of so much as is levied of the Under-Collectors lands, &c. and goods.
XX. Stat. 27 El. 3. The Queen, &c. may make sale of the Accomptants lands, &c. as well after his death, as in his life time, and as well where the Accompt is made, and the debt known within eight years after his death, as where the accompt was made, and the debt known in his life-time.
XXI. Provided, that after the Accomptants death, and before the lands be sold, a Scire facias shall be awarded to garnish the heirs; to shew cause why lands, &c. should not be sold, &c. whereupon if the heir upon such garnishment, or two Nichils returned, do not prove unto the Court, that the Executors, or Administrators of the Accomptant have sufficient, then 10 moneths after such two Nichils or garnishment returned, the lands, &c. shall be sold, and disposed according to the Stat. of 13 Eliz. 4.
XXII. Nevertheless, the heirs sale, bona fide, upon good consideration before the Scire Facias awarded shall be good to him, that is not consenting to defraud the Queen, &c.
XXIII. This Statute shall extend to all Officers of Receipts and Accompts to her Majesty, and to no other.
XXIV. If the debt grow in the Courts of the Dutchie or Wards, a privie Seal shall issue out against the heir to appear at a certain day to shew cause, &c. when, if he appear not upon Affidavit made that it was duly served, an Attachment, with Proclamation, shall issue out against him to be proclaimed in some open Market in the County where he dwels twenty days (at least) before the retrun thereof, whereupon, if he appear not, the lands, &c. shall be sold and disposed, as aforesaid.
XXV. The heirs lands shall not be sold, during his minority, but at any time, within eight years after his full age, they shall be liable, as aforesaid.
XXVI. If the Accomptant or Debtor had a Quietus est in his life-time, that shall discharge the heir of the debt.
[Page 147]XXVII. Stat. 7 Jac. 15. No debt shall be assigned to the King, &c. by any debtor or Accomptant, other then such debts as did before grow due originally to the Kings Debtor or Accomptant, bona fide.
XXVIII. All Grants and Assignments of debts to the King, &c. contrary to the true intent of this Act shall be void.

Decies tantum.

*I. Stat. 38 E. 3.12. If a Juror take any thing of either party, to give his verdict, and be attainted thereof by process contained in the Article of Jurors of the 34 E. 3.8. (which see in Jurors,) he shall pay ten times so much as he hath taken, to be divided betwixt the King and the prosecutor; And all imbraceors that procure such Inquest, shall incurre the like punishment.
II. If the Juror or Embraceor have not whereof to make gree, he shall suffer a years imprisonment.
III. But no Justice or other Officer shall inquire of this offence ex officio.

Declaration.

I. Stat. 36 E. 3.15. By the ancient terms and forms of pleaders, no man shall be prejudiced, so that the matter of the action be fully shewed in the Declaration and in the writ.

Deeds and Writngs.

I. Stat. 1 M. Parl. 1 Sess. 2. cap. 4. All Statutes, Recognizances and writings made by or to any person since the sixth of July last, and before August under the name of any other then the Queen shall be good.
II. This Act shall not extend to make good any letters patents, commissons, grants, or other writings made by the Lady Jane Dudley since the said sixt of July last.

Demurrers.

I. Stat. 27 El. 5. After Demurrer joyned and entred the Judges, shall proceed and give judgment according to the right of the cause and matter in law, without regard to any defect in the proceeding, except such onely as the party shall express, together with his demurrer; after which time no judgment shall be reversed by [Page 148]writ of Errour for any other defect, then such as he shall there mention; And if there happen to be any other, the Judges may amend them.
II. This Act shall not extend to the proceeding in an Appeal of felony or murther upon an Indictment, Presentment, or penal Statute.

Dilapidations.

I. Stat. 13 El. 10. If any Ecclesiactical persons who are bound to repair the buildings, whereof they are seized in right of their Place or Function, suffer them to fall into decay for want of repair, and make fraudulent gifts of their personal estate, with purpose to hinder their successors from recovering dilapidations against their executors or Administrators: in such case, the successors shall have like remedy in the Ecclesiastical Court against the grantee of such personal estate, as he might have had against the executor or administrator of the predecessor.
II. Stat. 14 El. 11. All moneys recovered for dilapidations shall within two years be imployed upon the buildings, for which they were paid, in pain to forfeit to the Queen, &c. double so much as shall not be so imployed.

☞ Deceit.

* I. West. 1.29. 3 E. 1. If any person do act or consent to any thing in deceit of the Court or party, and thereof be attainted, he shall suffer a year and a days imprisonment at least; and if he be a pleader, he shall be also expelled the Court, and if they shall deserve greater punishment, it shall be at the King's pleasure.
II. Officers, Criers of Fee, and Marshals of Justices in Eyre shall not take money otherwise then they ought to do, in pain to pay the treble thereof to the complainants.
III. Stat. 2 E. 3.17. A Writ of deceit shall be maintainable as well in case of garnishment touching a Plea of land, as in case of summons in Plea of land.

Discontinuance of right or estate.

I. Stat. 11 H. 7.20. If a woman, that hath an estate in Dower for life, or in tail joyntly with her husband, or onely to her self, or to her use in any lands, &c. of the Inheritance or purchase of her [Page 149]husband, or given to the husband and wife by the husbands ancestors, or any seized to the use of the husband or his ancestors, do sole, or (with an after taken husband) discontinue or suffer a recovery by coven, it shall be void, and he, to whom the land ought to belong after the death of the said woman, may enter (as if the woman were dead) without discontinuance or recovery.
II. Provided, that the woman may enter after the husbands death; but if the woman were sole, the recovery or discontinuance barreth her for ever.
III. This Act extends not to any recovery or discontinuance with the heir next inheritable to the woman, or by his consent of record enrolled.

Discontinuance of process.

I. Stat. 11 H. 6.6. No suit before Justices of Peace shall be discontinued by a new Commission of Peace.
II. Stat. 1 E. 6.7. The death of the King shall not discontinue any suit betwixt party and party, neither shall the variance between the original and judicial process in respect of the King's name be material, as concerning any default to be alledged therefore.
III. Assizes of Novel disseisin, Mortdancester, Juris utrum, or Attaints shall not be discontinued by reason of death, new Commissions, Associations, or the not coming of the same Justices, or any of them.
IV. Preferment of the demandant or plaintiff to be Duke, Archbishop, Marquess, Earl, Vicount, Baron, Bishop, Knight, Justice of the one Bench or the other, or Serjeant at Law, shall not make the suit abatable.
V. Preferment of a Justice of Assize, Goal-delivery, or Peace, or of any other Commissioner to the dignities aforesaid, or to be Sheriff, shall not lessen his power. But note that to be Sheriff, is altered by 1 M. Parl. 1.8. which see in Sheriffs.
VI. New Justices of Goal-delivery may give judgment of a prisoner found guilty of treason or felony, though he were reprieved by other Justices.
VII. No process or suit before Justices of Assize, Goal-delivery, Oyer and Terminer, or Peace, or other of the King's Commissioners shall be discontinued by a new Commisson, or by the alterations of any of their names.

[Page 150]

☞ Dispensations.

I. Stat. 28 H. 6.16. All Bulls, Breves, Faculties and Dispensations from the Bishop or See of Rome to any of the Kings subjects in any of the Kings Dominions shall be void, and shall not be used in pain of a Praemunire.
II. Former lawfull marriages are confirmed.
III. A confirmation of all Arch-bishops, and Bishops, and their authority, and of other Ecclesiastical persons and orders by authority of this Act, and not by any forreign power.
IV. The effect and contents of all Bulls, Breves, and other faculties purchased of the See of Rome, which are allowable, shall be confirmed under the great Seal.

Distresses.

I. Stat. de districtione Scaccarii, 51 H. 3. The owner of impounded cattel may give them food without disturbance.
II. A distress taken for the Kings debt shall not be sold within fifteen days, and upon shewing of a tallie, and giving surety for his appearance in the Exchequer upon the next accompt, the distress shall cease: the Sheriff shall also attach the party that received the debt to be there also at the same time.
III. Neither draught nor cattel, nor sheep shall be distrained (except for damage feasant) so long as other goods may be found to satisfie the debt: distresses shall be reasonable; The Sheriff shall answer all debts received; and where the Sheriff chargeth himself the debtor shall be acquitted.
IV. Marlbr. 1. 52 H. 3. All persons (high and low) shall receive justice in the King's Court.
V. None shall take any distress of his own authority without award of our Court, in pain (upon conviction thereof) to be punished by fine, according to the trespass; and the party grieved shall be also recompensed his loss.
VI. Marlb. 2. 52 H. 3. None shall distrain any to come to his Court, that is not of his Fee, or upon whom he hath no jurisdiction; neither shall distresses be taken out of the fee or place where he hath no jurisdiction, in pain that the offender shall be punished, as before.
VII. Mralb. 3. 52 H. 3. If any will not suffer distresses to be delivered by the King's officers, or summons, attachments, or executions [Page 151]of judgments given in the King's Court to be done he shall be punished as aforesaid.
VIII. If a Lord distrain his tenant for a thing, for which he hath cause to distrain, and yet it is afterwards found not to be due; in such case, if the Lord suffer the distress to be delivered, he shall not be fined; but onely amercied, nevertheless the tenant shall also recover his damages against him.
IX. Marlb. 4. 52 H. 3. None shall drive a distress out of the County wherein it was taken, in pain to make fine, as before: And if a Lord presume so to do against his tenant, he shall be grievously amercied.
X. None shall take an unreasonable distress, in pain to be grievously amercied.
XI. Marlb. 15. 52 H. 3. It shall be lawfull to none (except the King and his Officers, having special authority) to take distresses out of his see, or in the King's high way, or in the common street.
XII. West. 1.16. 3 E. 1. None shall drive a distress out of the County, or distrain wrongfully, or out of his fee, in pain to be punished, as by the Statute of Marlb. is provided, or more greivously, if the Trespass so require.
XIII. West. 17. 3 E. 1. If Beasts be impounded in a Castle or Fortress, and (after convenient notice to the impounder, &c.) not suffered to be replivied by the Sheriff, or some other of the King's Bailiffs, the King will command that Castle or Fortress to be demolished: and (after the first demand of the Sheriff or Bailiff) the Plaintiff shall recover double damages against the Lord, or impounder, or if the impounder be not able, then against the Lord onely.
XIV. In this case, if the Bailiff of the Franchise refuse to do it, then shall the Sheriff do it himself upon the aforesaid pains.
XV. Also deliverance shall be made by attachment of the Plaintiff made without writ, and upon the same pain.
XVI. West. 2.36. 13 E. 1. None shall procure any to distrain anther to make him appear at the County-court, or any other inferiour Court, on purpose to vex him and put him to charge and trouble, in pain to make fine to the King, and to pay to the party greived, treble damages.
XVII. West. 2.37. 13 E. 1. No distress shall be taken but by Bayliffs known and sworn, in pain to restore damages to the party greived, and to be greivously punished by the King.
XVIII. Artic. Cleri. 9. 9 E. 2. Distresses shall not be taken in the high way, nor in the ancient sees of the Church.
[Page 152]* XIX. Stat. 1. 2 P. M. 12. No distressee of Cattel shall be driven out of the Hundred, where it is taken, except to a pound overt within the same Shire, nor above three miles distant from the place where it was so taken: neither shall a distress be impounded in several Replevins for the delivery thereof: in pain to forfeit to the party grieved for every offence committed against this Act 5 l. and treble damages.
XX. None shall take above 4 d. for the poundage of one distress, (and where less is usually taken, to take less) in pain to forfeit to the party grieved 5 l. besides what is taken above.
XXI. The Sheriff shall at his first County-day, or within two months, after he receives his Patent, depute, and proclaim in the Shire-Town four Deputives to make Replevins, not dwelling above 12 miles distant one from another, in pain to forfeit for every moneth he wants such Deputy or Deputies 5 l. to be divided betwixt the King and profecutor.

Dover, see Title Havens and Rivers num. XIV.

I. Atticuli super Chartas, 7 28 E. 1. The Constable of Dover. Castle shall not hold plea of any forrain County within the Castle gates, except it concern the keeping of the Castle; neither shall he distrain the Inhabitants of the five Ports to plead elsewhere, or otherwise then they as they ought, according to the form of their Charter, confirmed by the great Charter.

Dower.

I. Merton, 1. 20 H. 3. A woman deforced of her Dower or Quarentine, in a Writ of Dower shall recover damages, viz. the value of her Dower from her husbands death to the day of the Recovery of her Dower and the deforceor shall be amercied.
II. West. 2.48. 3 E. 1. In a Writ of Dower (unde nihil habet) the Writ shall not abate by the exception of the Tenant that she hath received her Dower of another before the writ purchased, unless he can shew, that she received part of her Dower of himself and in the same Town before the Writ purchased.
III. West. 2.4. 13 E. 1. The Wife shall be endowable, as well where land was recovered against her husband by default as by covin; so that albeit the land was lost by the husbands default, [Page 153]yet that shall be no good allegation for the tenant, but he must then proceed and shew his right, otherwise the wife shall recover.
IV. When Tenant in Dower, in Frank-marriage, by the courtesy, for life or in tail, lose their land by default, and the tenant is compelled to shew his right, they may vouch the Aeversioner, if they have warranty; and then the Plea shall pass betwixt the tenant and the warranter according to the tenor of the Writ, by which the tenant recovered by default; and so from many actions they shall resort to one judgment, viz. that the demandants shall recover that demand, and the tenants shall go quit.
V. Here, if the Action of such a Tenant, which is compellable to shew his right, be moved by a writ of right, albeit the great Assize or Battel cannot be joyned by words accustomed, yet shall it in that case be joyned by words convenient.
VI. If the wife be wrongfully endowed by the Guardian, during the minority of the heir, he (at full age) shall be righted; yet shall the wife retain her just Dower, if she make her title good.
VII. By this Statute, in place of a writ of right, a Quod ci deforceat is given to tenant in Dower, in free marriage by the courtesie for life, and in tail, upon losing by default.
VIII. Stat. 1 E. 6.12. The wife shall be endowed albeit her husband were attainted, convicted, or outlawed for treason or felony, saving the right of others. But note that this clause is altered for Treason by 5 E. 6.12. Which see in Treason.

☞ Drapery.

* I. Stat. 11 E. 3.3. No Clothes made beyond Sea shall be brought into the King's Dominions, in pain to forfeit the same, and to be further punished at the King's will.
* II. Stat. 11 E. 3.5. Cloth-workers of strange lands which come into the King's dominions, shall have the King's protection, dwell where they please, and have convenient franchises granted unto them.
III. Stat. of Clothes, 25 E. 3. Stat. 4. All Clothes vendible shall be measured by the King's Aulnager or his Deputies.
IV. Every cloth of Ray shall be 28 yards long, and six quarters broad, and is to be measured by the List; also the length of a coloured cloth shall be 26 yards, and the breadth six quarters and an half, and such clothes are to be measured by the back: But this Statute for the measure is altered by 27 E. 3. Stat 4.
* V. Stat. 27 E. 3. Stat. 1.4. Clothes shall not be forseit for [Page 154]want of measure, but the Aulnager shall measure them, and fix a mark thereunto, expressing what each cloth contains; and he shall take for his fee of the seller an half penny for every cloth which is of Assize, and a farthing for an half cloth, but he shall take nothing for lesser clothes, neither shall he meddle with cloths which are not to be sold, and the buyer shall pay according to the quantity of the cloth.
VI. A subsidy granted to the King of every cloth, viz. a cloth (not grained) of assize 4 d. the half cloth 2 d. Scarlet 6 d. and 3 d. half grained, 5 d. and 2 d. ob.
VII. Every cloth passing half a cloth by three yards shall pay subsidy for a whole cloth.
VIII. No subsidy shall be paid for an half cloth, nor for cloth made for a man's own use, or sealed by the Aulnager for subsidy paid before.
IX. Clothes put to sale before they be sealed shall be forfeited to the King.
X. Stat. 50 E. 3.7. Woollen clothes shall not be transported beyond Sea, or pay subsidy before they be fulled.
XI. Stat. 50 E. 3.8. Clothes called Frise-ware made of Irish wooll shall pay no subsidy or Aulnage.
* XII. Stat. 3 R. 2.2. The Aulnager shall not seal a pieced cloth, in pain that the owner shall forfeit the cloth and the Aulnager his Office.
XIII. If he seal a cloth which is not of Assize, he shall forfeit the value of the cloth and his office; and besides suffer imprisonment, and be ransomed at the King's will.
XIV. Stat. 7 R. 2.9. A confirmation of all Statutes made against deceit in clothes to be sold, and against Aulnagers and Collectors of the subsidy of clothes.
* XV. He that findeth defects in any clothes contrary to former Statutes shall have the value of the third part of such clothes, which nevertheless shall be answered to the King by the Aulnager together with the rest of the clothes forfeited.
XVI. Stat. 13 R. 2.10. Cogware and Kendal cloth shall not be subject to the Statutes of Assize of cloth, but shall be made of such length and breadth, as formerly, so it be also made of such course wooll as formerly.
* XVII. Stat. 13 R. 2.11. No plain clothes tacked or folded made in the Counties of Somerset, Dorset, Bristol and Glocester shall be put to sale before they be opened, in pain to forfeit them.
XVIII. The Workers, Weavers, and Fullers shall put their seals [Page 155]to every cloth, upon a certain pain to be limited by the Justices of Peace.
* XIX. Stat. 17 R. 2.2. No cloth shall be sold before it is measured and sealed by the Aulnager, upon the paines contained in the Statutes thereof made.
XX. No deceit shall be used in Kerseys, in pain to forfeit the same.
XXI. Stat. 4 H. 4.24. The Aulnage may be let to farm by improvement, according to the discretion of the Lord Treasurer and Barons of the Exchequer, notwithstanding the Statute of the 17 R. 2. which fee in Officers.
XXII. Stat. 9 H. 4.2. No cloth called Kendal, whereof the dozen passeth not 6 s. 8 d. shall be sealed, neither shall any Aulnage be paid for the same.
* XXIII. Stat. 11 H. 4.6. None shall tack or plight together clothes before the Aulnager hath set his seal unto them, in pain to forfeit the same.
* XXIV. If the Aulnager be attainted to doe contrary to this Statute, he shall forfeit to the King for the first offence 10 l. And for the second 20 l. And for the third offence, his body shall be arrested, and all his Goods and Chattels at the King's will: And here the prosecutor shall have a fourth part of the said forfeitures of 10 and 20 l. saving to the Lords and other their Franchises.
* XXV. Stat. 11 H. 6.9. This word Cloth in the aforesaid Statutes of 7 H. 4.10. and 11 H. 4.6. shall be understood of Broad Cloth and broad dozens, and not of Streats.
XXVI. Every man may make and sell all Streats containing in length 14 yards, and in breadth one yard unwatered, or else 12 yards watered, paying to the King the due Aulnage, subsidy, customs, and other devoirs.
XXVII. If Streats want the aforesaid length and breadth, The Aulnager shall cut off the list thereof at one of the ends, to the end it may be afterwards sold as a remnant; and not for a cloth.
XXVIII. No such clothes shall be put to sale, untill they be measured, searched and sealed by the Aulnager, in pain to forfeit the same.
XXIX. The Aulnager, that sealeth any Streats wanting the length and breadth aforesaid, and cutteth not off the list, as aforesaid, shall forfeit to the King for every such piece of defective cloth 6 s. 8 d.
* XXX. Stat. 4 E. 4.1. Broad-cloth made fit for sale shall contain in length 24 yards with a man's Inch to be added to every [Page 156]yard, and is to be measured by the crest; and in breadth 2 yard, or 7 quarters at least within the lists: and if the cloth be longer the buyer shall pay for it (over and besides) according to the rate.
XXXI. Streats made fit for sale shall contain twelve yards and three such inches in length, and one yard in breadth, within the lists.
XXXII. Kerseys made fit for sale shall contain 18 yards and 3 inches in length, and in breadth a yard and a nail, or (at least) a yard within the lists.
XXXIII. Every half Cloth, Streat and Kersey shall keep his measure in length and breadth according to the rate of the whole cloth respectively.
XXXIV. None shall put into cloth to be sold any lambs wooll, flocks or cork, in pain to forfeit 20 s. for every cloth or half, cloth so mingled, to be divided betwixt the King and the prosecutor.
XXXV. Provided that cloth may be made of lamb's wool onely, and cork may be used in dying upon woaded wool, and of cloth made onely of woaded wooll, the said wool and cloth being perfectly boyled and maddered: cork also may be put upon cloth perfectly boyled and maddered.
XXXVI. Every piece of cloth shall be perfectly wrought throughout the whole piece according to the same order of workmanship.
XXXVII. If any difference in weaving, fulling, knotting or barking, or any raw, skaw, cockle or flag happen therein, a seal of lead shall be hanged on the lowest part of the edge thereof, to the end the buyer may take notice thereof.
XXXVIII. Clothes, Streats and Kerseys of a true length, breadth and making shall be sealed at the end thereof with a double print of lead.
XXXIX. Clothes, Streats, and Kerseys not containing the due length and breadth, or not perfectly made, and two parts thereof perfectly made, keeping their said length and breadth, every such peice shall be sealed in form aforesaid.
XL. If a Cloth, Streat, or Kersey be longer then an half cloth and shorter then an whole one, and yet have the true breadth, and be perfectly wrought, it shall have a seal differing from the other two abovesaid, and fixed to the end thereof.
XLI. A Cloth, Streat or Kersey less then an half Cloth shall be sealed at the end thereof by a seal differing from all the rest.
[Page 157]XLII. All the said seals are to be ordained by the Lord Treasurer for the time being, who hath power to make as many Keepers of them as he shall think necessary, so as one of them be Aliens.
XLIII. These Keepers shall yearly render an account of the revenue of their Offices without paying any fees for the same, and shall also be rewarded by the Treasurer and Barons according to their labour and diligence.
XLIV. If any of the said Keepers be sound faulty or corrupt in his Office, refuse to seal, extort more then his due fees, or refuse to shew his Commission upon sealing or measuring any such cloth, he shall forfeit twenty shillings to be divided betwixt the King and the prosecutor, and to be recovered in the Exchequer.
XLV. This Statute and others heretofore made and in force, which concern the premisses, shall be inserted in every such Keeper or Aulnagers' Commission.
XLVI. The Clothier shall pay to his work-folks their wages in ready mony, and not in wares as formerly, in pain to forfeit to such work-folks treble dammages, and shall deliver them wooll according to due weight, in pain to forfeit 6 d. for every such default.
XLVII. Every Carder, Spinster, Weaver, Fuller, Shearman and Dyer, shall duely perform their duty in their occupation, in pain to forfeit double dammages to the party grieved; and every Fuller in Fulling, Rowing or tazeling of Cloth, shall use tazels and not Cards, in pain to yield double dammages to the party grieved.
XLVIII. Every Justice of Peace, Constable of an Hundred, or Steward of a Leet out of Corporation, and in Corporations every Head-Officer or Officers where no Master is, and every Master shall hear and determine such complants as well concerning the nonpayment of the Labourer's wages as the dammages aforesaid, for which said dammages they shall also have power to-commit the offender to prison, until the party grieved be satisfied.
XLIX. The said Justice and Officers have power at the instance of any other person to inqure after, and punish such offenders by inflicting 3 s. 4 d. upon them, to be paid to the King or other Lord of the Liberty, where such offence is committed.
L. No Cloth made in any other Region (except in Wales, Ireland, or taken at Sea without fraud) shall be brought into England to be sold, in pain to forfeit the same.
LI. Stat. 7 E. 4.2. The inhabitants of the hundreds of Lifton, Tavestock and Rouburgh in Devon, may put flocks into their [Page 158]cloths, notwithstanding the Statute of 6 E. 4.1. Vide supra.
* LII. Stat. 17 E. 4.3. No person, Denizon or Stranger, shall carry beyond Sea any Woollen Yarn or cloth not fulled, in pain to forfeit the value thereof, to be divided betwixt the King and the prosecutor.
LIII. Stat. 7 E. 4.5. Woolen clothes, half clothes, Streats and Kerseys, being perfect in making and measure shall be sealed with wax at both ends, except in London and Bristol, which shall be sealed with lead.
LIV. The Lord Treasurer hath power to let to farm the Subsidy and Aulnage of clothes, and also the moiety of all forfeitures of clothes not duly sealed, for which they shall be accomptable in the Exchequer.
* LV. Stat. 1 R. 3.4. Broad-cloth shall be fully watered before it be put to sale, and every whole cloth, and also Broad-cloth being watered ready for sale, shall contain in length 24 yards, cach yard having a man's inch added thereunto to be measured by the crest, and shall also contain in breadth two yards within the lists.
LVI. Every half such cloth shall contain in length 12 yards with inches, and to be measured by the crest, as aforesaid, and in breadth two yards within the lists.
LVII. The half cloth shall not exceed 16 yards in pain of cutting the whole cloth in three pieces, and the half Cloth in two pieces; and to lose for every whole Cloth 6 s. 8 d. and for every half cloth 3 s. 4 d. not fully watered, or not keeping the said measures.
LVIII. If a whole cloth or half cloth exceed these measures. the buyer shall pay for the excess: Howbeit the half cloth must not pass 16 yards.
LIX. Streats shall contain in length 12 yards with inches, as aforesaid, and in breadth one yard within the lists, in pain to have each of them cut in two pieces, and besides to forfeit for each of them 20 d.
LX. Kerseys shall contain in length 18 yards with inches, as aforesaid, and in breadth one yard and a nail at least, in pain to have them cut, as aforesaid, and to forfeit for each of them three shillings four pence.
LXI. The Lord Treasurer shall appoint seals for cloth to be made, having the King's arms printed on the one side, and the arms, sign or token of the City, Burrough or Town, or the name of the County where they are made, on the other side.
LXII. The Lord Treasurer shall make none Aulnager, Sealer [Page 159]or Keeper of the seal, but him that is expert in cloth-working, and worth 100 l. at least, and the officer so deputed shall sell no cloth but such as is made within the limts of his deputation, in pain to forfeit to the King for every whole cloth 5 marks, for an half cloth 33 s. 4 d. for a Streat 20 s. and for a Kersey 10 s.
LXIII. None shall set or draw in length or breadth any cloth fully watered by tentoring or otherwise, in pain to forfeit the same.
LXIV. None shall set, cast, or put upon cloth any flocks, chalk, or other deceitful thing, in pain of 40 s. for every cloth so used.
LXV. No Shear-man or other shall shear or cancel any cloth not fully watered, upon the like pain of 40 s. for every cloth.
LXVI. None shall convey any cloth beyond Sea, not fully watered, and after it is so watered, it shall not be set or drawn in length or breadth, in pain of forty shillings for every cloth so conveyed.
LXVII. None shall retail cloth before it be fully watered, and being so watered it shall not be set or drawn, as aforesaid in pain that the seller shall forfeit the said cloth, or the value thereof.
LXVIII. None shall keep in his house any tentor or other engine, whereby cloth may be drawn in length or breadth, in pain of 20 l. but tentors shall be set in open places, and used onely for the due stretching of cloth after it cometh from the Mill, and before it be rowen; And all head officers shall take care that cloth put upon tentors shall not be unduly drawn in length or breadth.
LXIX. No stranger shall buy any wool which shall pass through the Straits of Marroke, forted, clacked, or barked, nor any wooll whereof any locks or refuse shall be made, but such as is clipped and purely wound without deceit and Merchantable, according to the growing of the Country, without such sorting, clacking or refuse, as aforesaid, in pain to forfeit such wooll, and the double value thereof.
LXX. No Dler shall dy any cloth with Orchel or Cork, in pain of 40 s. neither shall any put to sale any cloth so dyed, in pain to forfeit the same: Howbeit cork made within this Realm may be used in dying upon woolwards, so that the wool and cloth be perfectly boyled and maddered: also such English cork may be Put upon cloth that is edrfectly boyled and maddered.
LXXI. Every Dyer shall dy both the cloth and the list with one and the same colour, in pain to forfeit the same.
LXXII. None shall put to sale any cloth deceitfully dyed, in pain to forfeit the same, or the value thereof.
LXXIII. Faulty cloth shall be brought to the chief Officer of [Page 160]the place where it is seized, and shall be cut into three parts, whereof the seizor shall have one, another shall be by him caried into the Exchequer, and the third the said Officer shall have for the use of the Commonalty.
LXXIV. All other forfeitures of this Act shall be divided betwixt the King and the prosecutor.
LXXV. The Statute shall not extend to cloth, called Ray, or joyned with Ray, Plonkets, Turkins, Celestrines, Packing whites, Vesses, Cogware, Worsteds, Florences, Bastards, Kendals, sailing ware or Frize ware; The said clothes being perfectly made, according to their nature and true making.
* LXXVI. Stat. 3 H. 7.11. None shall transport any woollen before it be barbed, rowed and shorn, in pain to forfeit the value thereof, to be divided betwixt the King and the prosecutor; except Vesses, Rayes, sailing clothes, and others sold at 40 s. or under.
LXXVII. Stat. 3 H. 8.7. The Statute of 7 E. 4.3. and 3 H. 7.11. are confirmed; onely Vesses, Rayes, sailing clothes and others, not exceeding four marks the cloth, may be transported.
* LXXVIII. Stat. 5 H. 2. None shall make white Streats to sell, but when they are raw ready to be toked, and being a yard and half a quarter broad, and 15 yards long, and except the maker set his special mark upon them, neither shall any use another's mark, in pain to forfeit the clothes otherwise made or marked, to be divided betwixt the King and the seizor.
* LXXIX. Stat. 5 H. 8.3. White clothes at five marks and under may be conveyed beyond the Sea unbarbed, unshorn and unrowed.
LXXX. None shall convey beyond Sea any such clothes worth above five marks the piece unbarbed, unshorn unrowed, in pain to forfeit the value thereof, to be divided betwixt the King and the prosecutor.
* LXXXI. Stat. 6 H. 8.8. The Statute of 5 H. 8.2. is made perpetual: and none shall make white or russet Streats, which (being raw) shall not be of length and breadth, and marked, as by the said Statute of 5 H. 8.2. is ordained, and shall not weigh 14 pounds the piece at least, in pain to forfeit the same, to be divided betwixt the King and the seizor.
* LXXXII. Stat. 6 H. 8.9. The wooll delivered by the Clothier for Breaking, Kembing, Carding or Spinning, shall be by just weight of Avoirdupoiz, not exceeding above one quarter for the waste in 12 pound of seimed wooll; and the Breaker, Kember, [Page] [Page] [Page 161]Carder and Spinner shall re-deliver to the Clothier the same wool, or wollen yarn by the same weight (the waste thereof excepted) without concealing any part thereof, or putting any thing therein deceitfully, in pain to forfeit to the Lord of the Leet, where the work is done, for every such default 12 d. upon proof thereof before the Head-officer there, calling to him fit persons to prove the same.
LXXXIII. The Weaver shall put all the yarn delivered unto him into the web, or restore it, without putting any thing deceitfully thereinto, in pain of 3 s. 4 d.
LXXXIV. None shall buy any coloured wool or yarn of any Carder, Spinner or Weaver but in open Market, in pain to forfeit the same.
LXXXV. The Walker and Fuller shall duely work every Web without flocks or other deceit, and shall not row or work it on either side with Cards, in pain of 6 s. 8 d.
LXXXVI. None shall put to sale any cloth (which being wet) shall shrink above one yard in length, and one quarter in breadth for the more part thereof, or Narrows or Streats after that rate, in pain of 6 s. 8 d. and to abate the buyer for such defect.
LXXXVII. None, after he hath bought cloth, shall draw or strain it in length or breadth with tentor, wrinch or otherwise in pain of 5 l.
LXXXVIII. Provided, that such buyer (having for proof-sake fully wet cloth) may draw and strein them for evening them onely, so that he exceed not one yard of the length it had, when it was fully wet.
LXXXIX. None shall put upon clothes any flocks or other deceit, in pain of 20 s.
XC. The buyer and seller of clothes shall measure them by yard and inch of the Rule, and not otherwise, in pain of 5 l.
XCI. The forfeitures aforesaid shall be divided betwixt the King and the prosecutor.
XCII. This Act shall not extend to Kendals, Carpnel Whites, To stocks made in Devon, Clothes made in Cornwall, Cottons or Frize made in Wales, Lancashire or Cheshire.
XCIII. Stat. 14 & 15 H. 8.11. The Statute of 6 H. 8.9. Touching the shrinking of clothes shall not extend to Vesses or set clothes, when they exceed not the value of 40 s. the cloth.
* XCIV. Stat. 25 H. 8.18. None shall make cloth in Worce-Rer-shire, but onely such as dwell in Worcester, Evesham, Droitwich, [...]ederminster and Broinisgrave, in pain to forfeit for every cloth [...] where made 40 s.
[Page 162]XCV. This Act shall not extend to clothes made for any person's own use, their children or servants.
* XCVI. Stat. 27 H. 8.12. Every Clothier shall cause his mark to be woven in his Clothes and Kerseys, and shall set a seal of lead thereunto, shewing the true length thereof, as they will hold being wet; and in case of defect, the Clothier shall forfeit the double value thereof to the buyer.
XCVII. If the Clothier put any Clothes to sale before they be sealed by the Aulnager, or order them not, as aforesaid, they shall be forfeited, and divided betwixt the King and the prosecutor.
XCVIII. Broad cloth shall hold seven quarters in breadth, betwix the lists, being proved by the water, and Kerseys one yard, in pain of 3 s. 4 d. for that, and 20 d. for this, to be divided betwixt the King and Prosecutor.
XCIX. This Statute shall not extend to sell clothes not exceeding seven Nobles the cloth, nor to Tavestock, Western Dozens, Frizes, Kendal's Cottons, nor course clothes made for linings.
C. The Aulnager shall not seal clothes, until they be sealed by the aforesaid seal of content, in pain to lose his Office, neither shall the buyer afterward alter them by shretching, unless he after reduce them to the right content again, in pain to forfeit the double value thereof, to be divided as aforesaid.
* CI. Stat. 27 H. 8.13. Every white woollen cloth sold for 4 l. and under, and every coloured cloth sold for 3. l. and under may be conveyed beyond Sea unbarbed, unshorn and unrowed; but none shall convey such clothes beyond Sea above these prices, in pain to forfeit the value thereof, to be divided betwixt the King and the prosecutor.
* CII. Stat. 33 H. 8.3. Welsh clothes called Whites, Russets and Kennets, brought into Fairs or Markets to be sold, shall be foulded in plights or cuttles, and not hard rolled together, in pain to forfeit the same, to be divided betwixt the King and the prosecutor.
* CIII. Stat. 33 H. 8.19. None shall ship any white Woollen cloth above the value of 4 l. not coloured above 3. l. unrowed, unbarbed or unshorn, with an intent to convey it beyond Sea, in pain to forfeit the same, or the value thereof, to be divided betwixt the King and the prosecutor.
* CIV. Stat. 3 & 4 E. 6.2. Every Clothier shall set his seal of lead to his cloth, declaring the just length thereof, to be tried by the water.
CV. None shall stretch any cloth above a yard and an half [Page 163]in length, and a quarter in bredth, in pain of 40 s.
CVI. None upon the said pain shall put to sale any cloth which (being wet) shall shrink above a yard and a quarter in length, or a quarter in breadth: neither shall Streats or Kerseys be stretched above a yard in length, and half a quarter in bredth, in pain of 20 s.
CVII. None shall put to sale any cloth, Narrow, Streat or Kersey, the pieces whereof (being wet) shall shrink more then after the same rates, in pain of 20 s.
CVIII. None shall dy any cloth before it be perfectly boiled, grieved, or maddered upon the Woad, and well shot with good cork or orchal, in pain of 20 s.
CIX. None shall dy any wooll to to be converted into cloth, hats or caps, before it be perfectly woaded, boyled, and maddered, in pain to forfeit for every such cloth, or so much wool as makes a cloth 40 s. neither shall any dy with brasil to make a false colour in cloth, wool, hats or caps, in pain of 20 s.
CX. None shall put upon cloth any flocks, chalk, flour, starch, or other deceivable thing, in pain of 40 s.
CXI. None shall use any iron cards or pickards in rowing of cloth; in pain to forfeit the same, and 20 s. besides.
CXII. None shall sell any cloth by other measure then yard and inch, according to the Statute of 6 H. 8.9. in pain to forfeit for every yard otherwise measured 6 s. 8 d.
CXIII. None shall put to sale within this Realm any cloth pressed, in pain to forfeit the same, or the value there of.
CXIV. Justices of Peace and Head-officers shall in their several Precincts appoint and swear Overseers, for the due observing of this Statute concerning the well ordering of cloth, who shall have power to make search accordingly.
CXV. The forfeitures for defaults in cloth (mentioned in that Statute) shall be recovered in any Court of Record, and shall be divided betwixt the King and the Overseer that discovers them: but in case the Overseers will not sue for them within half a year, then may any other within another half year take the suit, and shall have the overseers moiety.
CXVI. No Overseer duely chosen shall refuse to execute that Office, in pain of 40 s. and shall remain in the custody of the Sheriff, until he pay it or give security for it; and this shall be divided betwixt the King and the Justices of Peace, or Head-officers that chose him.
CXVII. The Overseers or two of them, at least, shall once every Quarter make due search for the true executing of this Statute [Page 164]in pain of 10 l. to be divided betwixt the King and the prosecutor.
CXVIII. None shall interrupt the Overseers in the due execution of their office, in pain of 20 l. to be divided betwixt the King and the Overseers so interrupted.
CXIX. None shall take advantage of the forfeitures given by this Act, unless the suit for them be commenced within one year after they accrue.
CXX. Every Clothier shall cause the letter E crowned to be wrought in every cloth, in pain of 20 s. to be divided betwixt the King and the prosecutor.
* CXXI. Stat. 5 & 6 E. 6.6. Every broad cloth made in Kent, Sussex or Reading or of like making with them (being thorow wet) shall contain in length betwixt 28 and 30 yards usuall measure, and in breadth seven quarters throughout within the lists, and being well scoured, thicked, milled and dried, shall weigh 90 pounds at least.
CXXII. Every white cloth made in Worcester, Coventry, or elsewhere of like making (being wet) shall contain in length betwixt 29 and 30 yards with inches of the Standard, and seven quarters throughout in breadth betwixt the lists, and being ordered as aforesaid, shall weigh 84 pounds at least: and every coloured cloth there shall contain like length and breadth, and shall weigh 80 pounds at least.
CXXIII. White short Worcesters shall contain in length (being wet) betwixt 23 and 25 yards with inches as aforesaid, and in breadth, as aforesaid, and shall weigh 60 pounds at least.
CXXIV. Coloured long clothes made in Suffolk, Norfolk, Essex, and elsewhere of like sort, shall contain in length (being wet) betwixt 20 and 30 yards and inches, and in breadth 7 quarters, and shall weigh 80 pounds at least: and coloured short clothes there and elsewhere shall contain in length betwixt 23 and 25 yards, and the breadth aforesaid, and shall weigh 64 pounds at least: Also coloured or white Handy-warps there and elsewhere shall be of like breadth, and every yard thereof shall weigh three pounds.
CXXV. All Whites and reds in Wilts, Glocester-shire, and Somerset, and elsewhere of like making (being wet) shall contain in length betwixt 26 and 28 yards, and seven quarters in breadth, and weigh (being white) 64 pound: but coloured 60 pounds at least, also Plunkets, Azures, Blues, and other coloured clothes made there, and elsewhere, shall contain in length betwixt 25 and 28 yards, be of the same breadth, and shall weigh 88 pounds.
[Page 165]CXXVI. Ordinary Kerseys shall contain in length betwixt 17 and 18 yards, and shall weigh 20 pounds, and sorting Kerseys shall have equal length, but shall weigh 13 pounds.
CXXVII. The length of Devonshire Kerseys called Douseins shall be betwixt 12 and 13 yards, and their weight 14 pounds.
CXXVIII. The length of Broad clothes called Tauntons, Bridgwaters, and the like, shall be betwixt 12 and 13 yards, and their breadth 7 quarters: And every narrow cloth made there or elsewhere of like sort, shall contain in length betwixt 24 and 25 yards, and in breadth one yard, and shall weigh 34 yards.
CXXIX. Check Kerseys and Streats shall contain in length betwixt 17 and 18 yards, and in breadth one yard, and shall weigh 24 pounds.
CXXX. Frizes in Wales and elsewhere of like making, ready for sale and wet, shall contain 36 yards at most in length, and three quarters in breadth, and shall weigh 48 pounds, and every half piece after the same rate.
CXXXI. Northern Clothes shall be betwixt 23 and 25 yards long, and 7 quarters broad, and shall weigh 6 pounds.
CXXXII. Douseins shall be betwixt twelve and thirteen yards long, and seven quarters broad, and shall weigh thirty three pounds.
CXXXIII. Pennystones and Forest Whites shall be betwixt 12 and 13 yards long, and six quarters and an half broad, and shall weigh 28 pounds.
CXXXIV. Manchester, Lancashire and Cheshire Cottons shall be 22 yards long, and three quarters broad, and shall weigh 30 pounds.
CXXXV. Manchester Ruggs or Frizes shall be 36 yards long, three quarters broad, shall not be stretched above a nail, and shall weigh 48 pounds.
CXXXVI. If any put to sale any of the broad clothes abovesaid not of the due lengh, breadth or weight abovesaid, they shall forfeit for every cloth defective or exceeding in length or breadth 40 s. and for every pound it wants (not exceeding four) 2 s. the pound, and if it want more then four, they shall forfeit 40 s.
CXXXVII. Provided, if broad cloth exceed the due length by reason of the fineness or stuffy making thereof, the maker shall not incur any penalty thereby.
CXXXVIII. If any put to sale any of the other clothes above specified not of due length, breadth and weight, as aforesaid, they shall forfeit 20 s.
CXXXIX. None shall put any flocks or yarn made of lamb's [Page 166]wool into any of the abovesaid clothes, in pain to forfeit the same, or the value thereof.
CXL. None shall put any cloth or Kersey to sale before they have paid the Aulnager his due fee, in pain of 20 s.
CXLI. No cloth shall be transported before the seals of the Aulnager and owner be put thereunto, in pain to forfeit the same or the value thereof.
☞ CXLII. No retailer of cloth shall put it to seal before he have tried it by water, measure and weight, and shall present the defect thereof to an Head-officer, or two next Justices of Peace, in pain to forfeit the double value thereof: And the cloth found defective shall be divided into three parts; whereof the King shall have one, the prosecutor another, and the Head-officer or two Justices the third.
CXLIII. The Clothier shall repay to the buyer of faulty cloth his money again, or otherwise satisfie him for the same, in pain to forfeit to the party grieved the double value thereof.
CXLIV. None shall stretch cloth above a yard in length and an half quarter in breadth, in pain of 5 l.
CXLV. None shall use with his tentor any wrinch, rope, ring, or other engine to strain or stretch cloth in pain of 20 l.
CXLVI. Two or more searchers of cloth shall be appointed in every place where cloth is made, who being sworn shall have power to enter into all houses where cloth is made or wrought, to make search whether the clothes are well dressed and pressed with the cold press: and the moiety of all forfeitures therupon accruing shall the King have, and the other shall be given to the use of the Commonalty or Town, where the offence or default is committed or made.
CXLVII. The party with whom such defective cloth is found shall recover dammages against the party that was the cause thereof by Action of debt, &c.
CXLVIII. The Head-officer of every Town shall prepare a seal of lead having the Arms and name of the Town printed thereupon, which seal the searchers shall fix to every cloth well made, and shall have for every seal so fixed 2 d.
CXLIX. If the searchers finde any faulty coloured cloth, they shall at each end six another seal of lead having the letter F. printed thereupon, and shall also in the list (just against the fault) set another mark of an inch compass, to the end the buyer may readily discover where the fault is.
CL. If the searchers set the Town seal to cloth, not sufficiently dressed, the Corporations shall forfeit the value thereof.
[Page 167]CLI. If the searchers set the Town-seal to faulty cloth, or do not set the seal F. above expressed thereunto, the Corporation shall forfeit 5 l.
CLII. No retailer of cloth shall put it to sale, unless the said Town-seal be fixed thereunto, and shall keep it fixed at one end thereof untill it be all sold, in pain to forfeit the value of such cloth.
CLIII. The Corporation that appoints not such searchers shall forfeit 10 pounds. And the searcher that refuseth to execute the Office shall forfeit 5 pounds, to be divided betwixt the King and the Corporation, and shall be in ward, until he pay or give security for it.
CLIV. None shall press any cloth with the hot press, nor in any other deceivable manner, but onely with the cold press, in pain to forfeit the same, or the value thereof.
CLV. If any (but persons authorized by this Act) couterfeit, set to, or take away from, any clothes any of the seals appointed by this Act, he shall forfeit for the first offence (being thereof convict by 12 men, two witnesses, or his own confession) 10 l. and for the second shall stand upon the Pillory, and forfeit all his goods and chattells to the King.
CLVI. Euery Article in any Statute heretofore made concerning the making, dying, pressing, searching or sealing any of the clothes above in this Act mentioned, and being repugnant or contrariant to any Article of this Statue shall be void.
CLVII. The forfeitures abovesaid (not otherwise appointed) shall be divided betwixt the King and the prosecutor.
CLVIII. Povided, it shall not be lawful to boil wooll (to be converted into cloth) with gauls, rinds, bark or saw-dust, in pain to forfeit the same or the value thereof, to be recovered and had, as aforesaid.
CLIX. This Act shall not extendt to Devonshire-clothes called Tavestocks.
CLX. Stat. 5 & 6 E. 6.8. No person shall weave or make, or put to weaving or making of broad woollen cloth, unless he hath been seven years Apprentice to that Art.
CLXI. Stat. 1 M. Parl. 2.7. Any person may make broad cloth, and put them to weaving, walking, fulling, dying and shearing without any impediment, so that the cloth be duly made according to the Statute of 5 & 6 E. 6.6. notwithstanding the Statute of 5 & 6 E. 6.8. or any other Statute of Cloth-making made to the contrary.
* CLXII. Stat. 2 & 3 P. M. 11. No Clothier in any Corporation [Page 168]or Market town shall keep in his house above one loom or let any loom, or house and loom together, to make profit thereby, in pain to forfeit for every week he so keepeth or letteth them, 20 s.
CLXIII. No Weaver in the said places shall keep above two looms in his house to make profit thereof, in pain to forfeit for every week he keeps more, 20 s.
CLXIV. A Weaver (being no Cloth-maker) shall not keep any Tucking-mill, nor use the art of a Tucker, Fuller or dyer, in pain of 20 s. for every week.
CLXV. No Tucker or Fuller shall have in his house any loom to make profit thereof, in pain of 20 s. for every week.
CLXVI. None shall make any broad white woollen clothes but in a Corporation, Market town, or other place where they have been made ten years before the making of this Act, in pain of 5 l. for every cloth otherwhere made.
CLXVII. No Weaver in a Corporation or Market-Town shall have above two Apprentices at one time, in pain of 10 l.
CLXVIII. None shall be a Weaver, but he who hath been seven years an Apprentice in that Art, in pain of 20 l.
CLXIX. This Act shall not extend to the Counties of York, Cumberland, Northumberland nor Westmerland.
* CLXX. Stat. 2 & 3 P. M. 12. No clothes called Bridgwater, Taunton and Chard clothes, and made in the County of Somerset, shall be sold there, before they be viewed, searched and sealed in Bridgwater, Taunton or Chard, according to the Statute of 5 & 6 E. 6.6. in pain to forfeit the cloth so sold, or the value thereof, to be divided betwixt the King and the prosecutor.
CLXXI. Stat. 4 & 5 P. M. 5. White Worcesters and all others of like making being well scoured, thicked, milled and fully dried, shall weigh 75 pounds.
CLXXII. White clothes made in the Counties of Wilts, Glocester and Somerset, and all others of like making, ordered as aforesaid, shall weigh 61 pounds.
CLXXIII. Broad clothes made in Kent, Sussex and Reading, and all others of like making, ordered as abforesaid, shall weigh 86 pounds.
CLXXIV. Course short clothes made in Suffolk, Norfolk, Kent and Essex, and others of like sort, shall contain at the water 6 quarters and an half in breadth.
CLXXV. Handy-warpes, ordered as aforesaid, shall contain the breadth ordained by the Statute of 5 & 6 E. 6.6. and shall weigh two pounds and an half.
[Page 169]CLXXVI. None shall add handy-warplists to their clothes (except in Worcester, and when the warp thereof be spun upon the rock or distaff) in pain to forfeit the cloth, or the value thereof.
CLXXVII. None in the west-riding of Yorkshire shall make any broad clothes, Pewks, Tawnies, Violets or Greens, except the wool thereof, being first converted into yarn, be first dyed blue, of the value of two pence the pound, in pain to forfeit such cloth, or the value thereof.
CLXXVIII. Ordinary Kerseys shall contain in length (in the water) betwixt 16 and 17 yards (yard and inch) and being ordered, as aforesaid, shall weigh 19 pounds the piece. And sorting Kerseys (so ordered) shall weigh 22 pounds.
CLXXIX. Devonshire Kerseys (ordered as aforesaid) shall weigh after the rate of one pound the yard.
CLXXX. Welsh Cottons (in the water) shall contain 3 quarters of a yard in breadth, and shall weigh one pound and an half the goad, and being well cottoned shall weigh one pound at least.
CLXXXI. No retailer of Cottons shall dress it himself, or by any other, save onely by a proper dresser thereof, in pain to forfeit for every piece otherwise dressed 6 s. 8 d.
CLXXXII. Manchester, Lancashire and Cheshire Cottens, and Manchester Rugs and Frizes may be divided into two half pieces, and shall contain in length and breadth, as by the said Statute of 5 & 6 E. 6. is ordained for the whole piece.
CLXXXIII. If any cloth or Kersie exceed the length prescribed by this or the said Statute of E. 6. then every yard so exceeding shall weigh according to the rate of the due length thereof; in pain to forfet for every yard not weighing after that rate 5 s. and if any such cloth or kersie lack any of the due length, the maker shall forfeit for every pound wanting more then 4 pounds, 5 s. and for every pound under 4 pounds, 2 s.
CLXXXIV. If any cloth or kersie prove defective or ill wrought, the maker thereof shall fix to each end thereof a seal of lead engraven with this word Faulty, in pain to forfeit such cloth and kersie, or the value thereof.
CXXXV. If any by himself or any other counterfeit, set to, or take away any seal appointed by this or the said Statute of E 6. he shall incurr such penalties as by the said Statute of E. 6. are limited.
CLXXXVI. The Burrough or Corporation-seal shall be set to clothes, &c. being well made there, which cloth so sealed shall [Page 170]not to be afterwards searched by the searcher of any other Corporation or Burrough.
CLXXXVII. Clothes and Kerseys made out of Corporations shall be sealed in the Town corporate.
CLXXXVIII. If any searcher or sealer set the Corporation-seal to any cloth, &c. defective in length, weight or breadth appointed by this, or that other Statute of E. 6. the Corporation shall forfeit the value thereof.
CLXXXIX. The searchers and sealers may in the day-time enter into any house to search and try cloth, &c. and may seise clothes made of other colours, then by the said Statute of E. 6. is appointed (Friers-gray, Crane-colour, Purple, and old Medley colours, used to be made 20 years last past, onely excepted.)
CXC. None shall deny or withstand the searcher or sealer, in pain of 10 pounds.
CXCI. No searcher or sealer shall in any Fair or Market search any cloth, &c. which hath a Corporation-seal affixed thereunto.
CXCII. Every clause in the said Statute of E. 6. not repugnant to this Act is confirmed.
CXCIII. None shall incur any penalty or forfeiture of any offence limited by that Act, which is mitigated or otherwise appointed by this.
CXCIV. Every Clothier shall cause the letter M. crowned to be wrought in each cloth, in pain to forfeit 20 s. for every cloth not so marked.
CXCV. None shall weave or make, or put to weaving or making any cloth or kersie, unless he hath been an Apprentice to, or exercised that Art 7 years before, in pain to forfeit it or the value thereof.
CXCVI. The penalties and forfeitures of this and the said Act of E. 6. (not otherwise appointed) shall be divided betwixt the King and the seizor (where seizure may be made) or otherwise betwixt the King and the prosecutor,
* CXCVII. Stat. 8 El. 6. For every nine clothes unwrought, transported by licence, one shall be carried over well wrought, in pain to forfeit for every 9 clothes otherwise transported 10 l. and the tenth cloth shall be none of the clothes licenced.
CXCVIII. No Kentish or Suffolk cloth shall be transported unwrought by any licence, in pain to forfeit for every cloth so transported 40 s. and no licence shall extend to any such cloth.
[Page 171]CXCIX. The said forfeitures shall be divided betwixt the King and the Master and Wardens of Clothworkers for the relief of the poor of that Company.
* CC. Stat. 8 El. 7. He that useth the trade of buying of Frizes, Cottons, or Plains shall not exercise the Art of Frizing, or Cottoning, in pain to forfeit for every piece so used 6 s. 8 d.
CCI. Those that use the trade of buying Welsh cloth or linings shall pay to their workmen ready money, in pain to lose their Freedome.
* CCII. Stat. 8 Ed. 12. None shall put to sale in Lancashire, or carry out of that County any cloth, Cotton, Frize, or Rug, made there before the maker shall have fixed his seal thereunto; and the Aulnager the Queens, whereof the makers shall have on the one side his mark, and on the other side the length of the piece, being wet; and the Queen's shall have a Portcullis crowned on the one side, and the weight of the piece on the other side, in pain to forfeit such cloth, &c. to be divided betwixt the Queen and the prosecutor.
CCIII. In Manchester, Rachdale, Bolton, Blackmore and Berry, the Aulnager may appoint Deputies, and neither the Aulnager nor they shall seal any cloth, &c. before they be weighed, in pain to forfeit 20 s. for every pack, to be divided betwixt the Queen and the prosecutor.
CCIV. The Aulnagers fee for weighing of a packet of such cloth, &c. is three pence and for any quantity less then a pack, an half penny the peice.
CCV. Every Cotten well wrought and fully dried shall weigh 21 pound, and shall contain in length 21 or 20 Goads, and in breadth 3 quarters, or within one nail thereof; also Frizes and Rugs being well thicked and dryed shall weigh 44 l. the peice, and shall contain in length betwixt 35 & 37 yards, and in breadth 3 quarters or within one nail thereof, and shall not be strained upon tentors above one nail in breadth; and if the said clothes exceed the said length, every goad or yard so exceeding shall weigh according to the same rate in pain to forfeit for every goad or yard not so weighing 12 d.
CCVI. If any of the said Cottons, Frizes, or Rugs want of the said weights, the party selling them shall forfeit for every pound lacking under three pounds twelve pence, and for every pound above three pounds five shillings.
CCVII. All Acts heretofore made for the sealing and making of Cottons, Frizes and Rugs shall be void.
[Page 172]CCVIII. The Charters and Liberties of Towns Corporate in Lancashire are saved.
☞ CCIX. Stat. 23 El. 9. Two Justices of Peace of the County, or the Head-officer of a Corporation shall command Logwood (which some deceitfully use for dying of cloth) to be seised and openly burnt, and the Dyer that useth it shall forfeit the value of the cloth, wool, or other thing dyed therewith, to be divided betwixt the Queen and the prosecutor.
CCX. Nothing of the nature of cloth shall be maddered for a black, except it be first grounded with woad onely, or with woad and a nele, alias blue Inde, unless the madder be put in with stomack or galls; and who so doth otherwise shall forfeit the value of the thing so dyed, to be divided betwixt the Queen and the prosecutor, and the offendor is to be imprisoned, untill he pay it.
CCXI. Provided, it shall be lawfull to dye all manner of gall black, stomack black, alias plain black, wherein no madder shall be used.
CCXII. The Dyer shall fix a seal of lead to the cloth, &c. which he dyeth, with the letter M. to shew that it is maddered, and woaded, in pain to forfeit for every yard thereof 3 s. 4 d. and the seller thereof shall make it known, that it is not woaded, in pain to forfeit the double value thereof, to be divided betwixt the Queen and the Prosecutor.
CCXIII. Stat. 27 El. 17. None shall be hereafter charged by the Statute of 5. & 6 E. 6.6. nor of 4. and 5 P. M. for want of the breadth of seven quarters in clothes made in the Counties of Glocester, Wilts, Somerset or Oxon, or others of like sort, so that they contain in breadth (being fully wet) 6 quarters and an half within the lists unwrought and listed: but in case they want that breadth the makers thereof shall be chargeable with the penalties imposed by those Statutes for want of 7 quarters breadth.
CCXIV. If narrow-listed whites do not weigh 61 pounds, and broad-listed whites 63 pounds, being well dressed and dryed, the clothier shall incur double such penalties for every pound wanting, as by the said Statute of 4. & 5 P. M. 5. are ordained.
CCXV. Stat. 27 El. 18. The branch of the Statute of 5. & 6 E. 6.6. which prohibiteth putting of hair, flocks, or yarn made of lambs wooll into any cloth or frize, having regard unto the said clothes called plain white straits, and pinned white straits, shall be repealed.
CCXVI. The Inhabitants of Devon and Cornwall may weave and make the said clothes, and use therein hair, flocks, and lambs wool, and keep three loomes in their houses, and make such [Page 173]clothes of such length, breadth and weight, as the Merchant shall like, notwithstanding the said Statute of E. 6.
CCXVII. Provided, that no piece of such cloth shall weigh above 12 pounds, nor be above 14 yards long, or one yard broad, in pain to forfeit the same, or the value thereof, to be divided betwixt the King and the Prosecutor.
CCXVIII. Stat. 35 El. 9. None shall be hereafter charged by the Statute of 5. & 6 E. 6.6. for want of the breadth of seven quarters in broad Plunkets, Azures, Blues, and other coloured clothes made in the County of Wilts, Glocester, and Somerset, or elsewhere; so that (being fully wet) they hold five quarters and an half within the lists unwrought and listed: but in case they want that breadth, the makers thereof shall incur such penalties, as by the said Statute of E. 6. are appointed for want of seven quarters breadth.
CCXIX. Howbeit, if the said clothes well dressed and dried do not weigh 68 pounds, the Clothier offending therein shall incur the double penalties of the Statute of E. 6. for want of weight.
* CCXX. Stat. 35 El. 10. Every piece of Devonshire kersie or Dozen (as it comes from the Weavers loom) shall weigh in the open market 15 pounds and upwards; and every piece of Rug, and wash kersie made of wool (as it comes from the Sheep back, and from the Weavers loom) shall weigh 17 pounds at least, and shall contain in length betwixt 15 and 16 yards (yard and inch of the Rule.)
CCXXI. The Weaver that weaves or makes any of the said clothes of less weight or length, shall forfeit for every quarter of a pound or quarter of a yard wanting 12 pence. And they shall be sewantly woven throughout of well and like sorted yarn, except the lists.
CCXXII. The Weaver shall weave in his mark at one end of the Kersey of some coloured yarn, and also at each end purrel, and shall not desceitfully mingle his yarn in pain of 10 s.
CCXXIII. None shall put to sale any such raw Kersies, before they be viewed, weighed and marked, in pain of 10 s. for every cloth, to be divided betwixt the King and the Head-officer where the offence is committed.
CCXXIV. Searchers and sealers of such Kersies shall be yearly appointed by the Head-officer of the place where they are made, who shall be sworn, and have power to enter into any house (in the day-time) to make search accordingly, and shall have a farthing for every kersie they mark.
CCXXV. If the searchers and sealers be not yearly appointed [Page 174]or do neglect their duties, or offend in their office, the head-officer shall forfeit for every such offence 20 s. and for every marketday there are not two or one searcher at least 40 s.
CCXXVI. No Kersey shall be sold or dressed, before it be tried and marked, in pain to forfeit the same.
CCXXVII. None shall diminish the length of any such kersey, in pain of twenty shillings.
CCXXVIII. The forfeitures aforesaid (not before limited) shall be divided betwixt the King and the prosecutor.
☞ CCXXIX. Stat. 39 El. 11. A Justice of Peace of the county or Head officer of a corporation (being also a Justice of Peace there (have power to call before them and examine the servants of persons suspected to use Log-wood in Dying, and (if they shall find cause) to bind over to the next quarter-sessions both the evidence and party offending, and upon the Delinquents refusal to be bound, shall commit him to prison till he find sureties: they shall also certifie in at the same session the examinations by them taken, where, if the party offending be convicted, he shall suffer the pillory and forfeit 20 l. to be divided betwixt the Queen and the prosecutor.
* CCXXX. Stat. 39 El. 14. No cards for wooll shall be brought into this Realme, or Wales, to be fold, in pain to forfeit them, or the value thereof, to be divided betwixt the Queen and the prosecutor.
CCXXXI. Stat. 39 El. 20. None shall stretch or strain any clothes made on the North-side of Trent in pain of 5 l. nor use any engine to that purpose, in pain of 20 l.
CCXXXII. Northen clothes shall be made such weight, length, breadth, as by former Statutes are provided, upon the pains in the same Statutes contained.
CCXXXIII. A Seal of Lead shall be set to every Northern cloth, expressing the length and weight thereof, in pain to forfeit the same: And here the offendors shall also forfeit for every yard, that it wants of due length 4 s. And for every pound that it wants of due weight 2 s.
CCXXXIV. Overseers shall be appointed and sworn in the county by two Justices of Peace, and in corporations by the head-officer, calling to him the next Justice of Peace to make search once a moneth at least for defects in Northen clothes, and if they shall find any stretched, strained, or sealed with any false seal, they shall make presentment thereof at the next quarter-sessions, and here he that deceives or with-holds any faulty clothes, shall for the first offence forfeit 10 l. for the second 20 l. and for the [Page 175]third (being thereof lawfully convicted by verdict or two witnesses) shall suffer the Pillory.
CCXXXV. The Overseer, that refuseth to appear, or to undertake that office, shall forfeit 5 l. to be divided betwixt the Queen and the Officers, that made him Overseer.
CCXXXVI. The Overseers shall fix a seal of lead to such clothes expressing the length and breadth of the same together with the word searched, which shall exempt them to be search elsewhere.
CCXXXVII. If any (save the said Overseers) set or take away Seal to, or from the said clothes without warrant, they shall forfeit to the Queen for the first offence 10 l. And for the second (being thereof lawfully convicted by verdict or two witnesses) 20 l. And besides suffer the Pillory.
☞ CCXXXVIII. Justices of Peace, Head-constables and Overseers shall search and seize ropes, winches and other engins used for the unlawfull stretching of Northern clothes, and none shall withstand them upon the forfeitures above mentioned for resisting the Overseers.
CCXXXIX. The Justice, that shall be found negligent in the due execution of this Act shall forfeit 5 l. And this and all other forfeitures of this Act shall be divided into three parts, whereof the Queen is to have one, the Informer another, and the poor of the place where the offence is committed, the third, See the clauses following.
CCXL. Justices of Peace have power to hear and determine these offences in their Sessions, and Justices of Assizes to convict the Justices of Peace that are negligent, upon proof of two witnesses; But upon neglect of justice by the said Justices of Peace and Justices of Assizes the abovesaid penalties are recoverable in any other Court of Justice, and in that case the one half thereof shall go to the Queen, and the other to the informer.
CCXLI. The owner of Morthern clothes brought up to be sold in London shall cause them to be brought to Blackwell-hall to be searched drie without wetting, in pain of 40 s. But here the searcher shall not make his search at such times, when it may be a hindrance to the owners market, in pain of 5 l. These penalties are likewise given to the Queen and the informer.
* CCLII. Stat. 43 El. 10. None shall put any hair, flocks, thrum, yarn made of lambs wooll, or any other deceivable thing in Broad cloth, Kersie, Frize, Dozen, Penystone, Cotton, Taunton cloth, Bridgewater, or Dunster Cotton (which Dunster Cotton shall be taken to be of like weight, length, and breadth, as Taunton and [Page 176] Bridgewater cloth, in pain to forfeit such cloth, kersie, &c.) And none shall buy or procure any such deceivable thing for that intent, in pain to forfeit the same.
CCXLIII. None shall use any Engine to stretch the said Cloths or Rugs unwrought in length or breadth, in pain of 20 l. to be divided between the Queen and the prosecutor.
CCXLIV. None shall set any wrought woollen cloth upon any tentor, or other Engine to stretch the same otherwise then as followeth, viz. the whole broad cloth one yard in length, and one half quarter in breadth, & the Kersie, Cotten, &c. one half yard in length, and one nail in breadth, in pain to forfeit such cloth, kersie, &c.
CCXLV. Woollen clothes shall not exceed the lengths appointed by former Statutes, in pain to forfeit the same; saving that Taunton, Bridgewater clothes, and others of like making may weigh onely 30 pounds, and Suffolk, Norfolk, Essex, and Northern clothes shall be abated 4 pounds in the whole cloth, and 2 pounds in the half cloth.
CCXLVI. If any whole cloth want above three pounds of the weight limited by the said Statutes, or a half cloth half so much, for every pound so wanting he shall forfeit 10 s. for 2 pounds 20 s. for three pounds 40 s. and so to forfeit a double penalty for every pound so wanting, unless he will yield the said cloth, and then it shall be forfeited.
CCXLVII. The Statute of 39 El. 20. which gives power to Justices of Assize, Justices of Peace, and Head-officers for Northern clothes shall extend also to clothes made in other Countreys.
CCXLVIII. Cloth sealed by the overseers (authorized by 39 El. 20.) shall not be fearched or tried again by any other officer.
CCXLIX. The several branches of 5 & 6 E. 6.6. 4. & 5 P. M. 5. 27 El. 17. and 35 El. 9. which concern over lengths of clothes, and the clause of the said Statute of 4 and 5 P. M. 5. which concern Certificates of faulty clothes are repealed.
CCL. No Merchant shall take advantage of a Clothier for any defect in cloth.
CCLI. All Acts heretofore made contrariant to this are repealed.
CCLII. Such as observe this Act, albeit they offend contrary to 39 El. 20. shall not incur any penalty inflicted by 39 El. 20.
CCLIII. The moiety of all forfeitures (not otherwise hereby appointed) the overseers or finder shall have, and the poor the other.
CCLIV. If any unwrought woollen cloth (after it is transported) shall be found stretched contrary to this Act, the Merchant may return [Page 177]it at his own costs, and shall recover damages against the maker or seller thereof.
CCLV. Stat. 1 Jac. 25. None shall incur any penalty for want of length, breadth, or weight of Welsh cottons, under the price of 15 d. the yard, and 2 s. the goad, so as they be not mixed with deceitful stuff, nor for any other above that price, except they be mixed as aforesaid, or shall shrink above the rate of half a yard in 12 yards, or weigh less then 14 ounces the yard, or hold not full three quarters of a yard broad.
* CCLVI. Stat. 3 Jac. 16. Ordinary Kerseys shall not exceed 24 yards in length, and (being fully dressed and dried) shall weigh 28 pounds and an half: And sorting Kerseys shall have the same length, and shall weigh 32 pounds and an half.
CCLVII. If any piece of Kersey of the said several kinds, exceed those lengths, or want of those weights respectively, the maker shall forfeit for every yard so exceeding 5 s. and for every pound so wanting 2 s. to be divided betwixt the King and the prosecutor.
CCLVIII. The custom and subsidy of Kerseys 24 yards long shall be as much as was paid before for a piece of 18 yards and a third part of such a piece.
* CCLIX. Stat. 3 Jac. 17. None shall incur any penalty for want of fixing a content seal to Welsh cottons; neither shall any (save the buyer) search or try them, in pain of 5 l. to be divided betwixt the King and the party grieved.
CCLX. Stat. 4 Jac. 2. Every coloured broad cloth made in Kent, Yorkshire, Reading, and elsewhere (of like making) being thorow wet, shall contain in length between 30 and 34 yards (yard and inch) Standard-measure; and six quarters and an half throughout within the lists, and being well ordered and dried shall weigh 86 pounds.
CCLXI. The length of white Worsters (being wet) shall be between 30 and 33 yards, their breadth 7 quarters, and their weight 78 pounds.
CCLXII. The length of Plunkets, Azures, Blues, and long Whites (being wet) shall be between 29 and 32 yards, their breadth six quarters and an half, and their weight 80 pounds.
CCLXIII. Sorting clothes shall contain in length betwixt 23 and 26 yards, be 6 quarters broad, and weigh 64 pounds.
CCLXIV. Fine short Suffolks shall contain in length between 23 and 26 yards, be six quarters and an half broad, and weigh 60 pounds.
[Page 178]CCLXV. Handywarps shall contain in length between 29 and 32 yards, be 7 quarters broad, and weigh 76 pounds.
CCLXVI. Broad Plunkets and other coloured clothes made in the Counties of Wilts and Somerset, or elsewhere of like making shall be betwixt 26 and 28 yards long, six quarters and an half broad, and weigh 68 pounds.
CCLXVII. Short coloured clothes made in Yorkshire, or elsewhere (of like making) shall be between 23 and 25 yards long, six quarters and an half broad, and weigh 66 pounds. And every half cloth or Dozen shall be made according to the same rate.
CCLXVIII. Broad listed whites and reds shall contain between 26 and 28 yards in length, be six quarters and an half broad, and weigh 64 pounds.
CCLXIX. Narrow-listed whites and reds shall contain in length betwixt 26 and 28 yards, be 6 quarters and an half broad, and (being white) shall weigh 61 pounds, but red 60 pounds.
CCLXX. Fine clothes with plain lists shall contain in length between 29 and 32 yards, be six quarters and an half broad, and weigh 72 pounds.
CCLXXI. Clothes having stop lists shall contain in length between 30 and 33 yards, be seven quarters broad, and weigh 78 pounds.
CCLXXII. Tauntons, Bridgewaters, Dunstars, &c. shall contain in length between 12 and 13 yards, be seven quarters broad, and weigh 30 pounds: and every narrow cloth of like making shall be between 24 and 25 yards long, one yard broad, and weigh 30 pounds; and the half cloth of that kind shall contain the same breadth, and the length and weight ratably. And as touching such broad and narrow clothes, as are made in Yorkshire into whites and reds, the broad clothes there shall keep the same measures and weight; but the narrow is to contain in length between 17 and 18 yards, and in weight proportionable as aforesaid.
CCLXXIII. Devonshire Kerseys or Dozens shall contain in length between 12 and 13 yards, and shall weigh 13 pounds. And Check Kerseys, Streats, and plain Greys shall contain in length between 17 and 18 yards, be one yard broad, and weigh 24 pounds.
CCLXXIV. Ordinary Pennistones and Forest whites shall contain in length between 12 and 13 yards, be five quarters and an half broad, and weigh 28 pounds: and sorting Pennistones shall be between 13 and 14 yards long, six quarters and an half broad, and weigh 35 pounds.
[Page 179]CCLXXV. All Cogware, Kendal, and Carptmeals, shall be made to please the buyer, and shall not be searched, sealed, or subject to other penalty, then such as was imposed thereon before 39 El. so as they shrink not above one yard in 20.
CCLXXVI. Kerseys called Washers and Wash whites, (being half thicked) shall contain in length between 17 and 18 yards, or (quarter thicked) between 18 and 19, and shall weigh 17 pounds.
CCLXXVII. None shall raise or row woollen cloth with oyl, grease, or the like, or use the same, but upon the edge of the sheets onely, in pain of 13 s. 4 d. and it shall be wrought all alike throwout, upon the like pain; and the wool thereof taken away onely by the sheers, upon the same pain.
CCLXXVIII. None shall blow, spout, or bedew woollen cloth neer the lists thereof with water or otherwise, in pain of 13 s. 4 d. and if it be done, to increase the weight, the penalty is 40 s.
CCLXXIX. Abatement shall be made for the dying, dressing, shearing, and rowing of cloth, viz. for short clothes 4 pounds, and long clothes 5 pounds, and according to that rate.
CCLXXX. Flannel, Wadnals, Coverlets, and Blankets may be made as formerly they have been; notwithstanding this Statute.
CCLXXXI. None shall exceed the lengths aforesaid, in pain to forfeit for every yard and inch so exceeding 10 s.
CCLXXXII. If any sell woollen cloth wanting the weight abovesaid, he shall forfeit for every two pounds so wanting 10 s.
CCLXXXIII. If any cloth want the just breadth, the seller thereof shall forfeit for such want throughout the whole piece 20 s. the half piece 10 s. and for any less part 5 s.
CCLXXXIV. If a cloth be of less length then the seal thereof doth purport, the seller shall forfeit to the buyer 6 s. 8 d. for every yard and inch that it so wants, besides the value of so much as so falls short.
CCLXXXV. Every branch in any former Statute whereby any other length, breadth, or weight of the said clothes, or any other penalty concerning the same, or any offence (intended by this Act to be reformed is limited, or whereby any penalty for the offences (in this Act mentioned) is given to any other person, then in and by this Statute is limited, shall be repealed.
CCLXXXVI. Cloth sealed by the Overseers appointed by the Statutes of 19 El. 20. and 43 El. 10. shall not be searched, tried, or watered again, but onely by the buyer thereof.
CCLXXXVII. The penalties for over-length or want of weight found by the Overseers, shall be divided betwixt the King and [Page 180]them: but if such fault shall be found by the buyer, and not found and certified by the Overseers, then shall such penalties be divided betwixt the King and such buyer.
CCLXXXVIII. If any broad woollen cloth be longer or shorter then 24 yards and inches, the duties for the same shall be propertionable, according to the length.
CCLXXXIX. Every Clothier may make any kind of woollen cloth in what place he pleaseth.
CCXC. The Kings duties are reserved, as also the Aulnagers office and fees; so as cloth once lawfully searched and sealed, shall not be searched and sealed again.
* CCXCI. Stat. 7 Jac. 7. The sorter, carder, kember, spinster, or weaver of wool, or yarn, that shall be found (by his own confession, or the testimony of one witness) to imbesil on detain any part thereof from the true owner, shall incur whipping and the stock, to be inflicted upon them (in the Country) by any two Justices of Peace, and (in a Corporation) by the Head-Officer, and another joyned with him; ☞ and here also the receiver thereof shall incur the like punishment, as also those in Essex, which use a Reel less then two yards about.
CCXCII. But such Imbeziler may redeem his punishment, by giving such satisfaction to the owner, as such Justice or Head-officer shall think fit.
CCXCIII. Stat. 7 Jac. 16. Certain course clothes made in the North shall not be searched or sealed, nor any custom or Aulnage paid for them.
CCXCIV. Stat. 21 Jac. 18. The Statute of 4 Jac. 2. is continued, save what is thereof altered, repealed, discontinued, or inlarged by this.
* CCXCV. None shall put any flocks, thrums, hair, or other deceitful stuff into broad woollen cloth, in pain of 5 l. to be distributed to the poor, where such deceitful cloth is made.
CCXCVI. The searchers or overseers of cloth may enter into and make search in any house or other place to find deceitful cloth.
CCXCVII. Any two Justices of Peace may call before them any person suspected for making deceitful cloth, and if upon confession of the party, or testimony of two witnesses, they shall find any guilty thereof, and make certificate accordingly under their hands and seals to the Churchwardens and Overseers of the poor of the Parish, where the offence is committed, those Officers shall levy the penalties forfeited, by distress and sale of goods, and for want of distress the offender shall suffer imprisonment.
[Page 181]CCXCVIII. The Officer being sued shall be allowed to plead the general issue, &c. and shall recover double costs.
CCXCIX. If cloth be defective, the searchers of the Parish where it is made, shall certifie it by their seal, having the word Faulty stamped upon it: And the searcher that searcheth cloth already searched shall forfeit 5 l. to the party grieved.
CCC. All woollen clothes shall be searched and sealed before they be sold.
CCCI. No tentor for broad clothes made in Yorkshire shall have any further place or liberty under bar, then hall a quarter of a yard: and the Overseers in those parts shall upon the penalties of their recognizances make due search, for deceitful tentors; and, if any be found, shall deface them.
CCCII. He that offends the second time in having such a tentor, shall forfeit 45 s. to the poor.
CCCIII. Every Overseer of cloth shall (upon the like penalty of this recognizance) set his name upon the seal of cloth, and clothes otherwise sealed shall not be allowed as sufficiently sealed.
CCCIV. Pressing of clothes between hot planks, or by any heat of fire, or other deceitful means, shall be punished by like forfeitures, as pressing with the not Press is punishable by any former Statute.
CCCV. A third part of all penalties limited by this and former Statutes for want of length, breadth and weight, the Searchers that find and certifie such defaults, shall have, and the rest shall be delivered to the Churchwardens and Overseers for the use of the poor, for which they shall be accountable, as by the Statute of 43 E. 2. is provided.
CCCVI. Stat. 14 Car. 2. cap. 5. Twelve Wardens and 30 Assistants, master Weavers to be elected yearly, to consult about the regulation and making orders and by-lawes, for the making of stuffs in Norfolk and Norwich.
CCCVII. Stat. 14 Car. 2. cap 32. An Act for the better regulating the manufacture of broad woollen cloth, and a Corporation made for that purpose within the West-riding of the County of York, to continue till the end of the first session of the next Parliament and no longer.

[Page 182]

Dures.

I. Stat. 1 R. 2.13. All obligations forced by Dures, upon Ecclesiastical Judges and others, whereby they are restrained from suing for tithes and other duties in the Ecclesiastical Court, shall be void.
II. Such as falsly procure such Judges or others to be indicted shall incur such punishment, as by West. 2.12. is 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.

[Page 183]

☞ 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 [Page 184]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 [Page 185]or other profit or assurance of the same (lawful fees onely excepted) to make a Minister, or to give license to preach, he shall forfeit 40 l. and the party so made Minister or licensed to preach 10 l. and if the party so made Minister or licensed, be inducted, invested or installed into any benefice within seven years after, such induction, &c. shall be void, and the party having the gift thereof may present or collate, as if he were dead.
XIV. The forfeitures of this Act shall be divided betwixt the Queen and the prosecutor.

English-men.

I. Stat. 14 & 15 H. 8.4. All English-men sworn subjects to any forein Prince; shall pay such impositions as Aliens do.
II. Their names shall be certified into the Chancery from Holland, Zeland, Brabant and Flanders, by the Governour of the Merchant-Adventurers there, and from other parts by the King's Embassadours residing in those parts.
III. An English-man returning and dwelling again within this Realm shall be restored to his liberties.

England and Scotland.

I. Stat. I Jac. 2. An authority is given to certain Commissioners of both Houses of Parliament (named in this Statute) to treat with certain Commissioners of Scotland concerning the settlement of an union and peace between the Kingdoms of England and Scotland.
II. Stat. 4 Jac. 1. Laws of hostility and the dependancies thereof between the two Nations are repealed, but this Act in that point is not to take effect, until the like be acted in Scotland.
III. None shall be troubled for any wrong done before the death of Queen Eliz. by the laws of the Borders.
IV. Felonies committed by English-men in Scotland, shall be tried in Cumberland, Westmerland or Northumberland before Commissioners and Jurors of England; and here the felon shall be admitted to have his witnesses examined upon oath, and the prosecutor and his witnesses shall by any Justice of Peace of any of those Counties be bound by recognizance to prosecute and give evidence, the prosecutor first tendring such witnesses their reasonable charges.
V. Here also the accessary shall be so tried, albeit the principal be not convicted or attainted, and neither principal nor accessary [Page 186]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 [Page 187]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 [Page 188]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 Per quae servitia, shall be entred upon Record, unless the party attorning have first appeared in Court, or by Attorney warranted under the hand of a Justice of one of the Benches, or of Assize, And every Attornment otherwise made shall be void without any Writ of Errour, or other means to be used for the avoiding thereof.
IX. There shall be an office for the inrolments of Writs for fines and recoveries, and one of the Justices of the Common-Pleas (besides the chief Justice) shall have the care thereof; and shall have for the inrolment and examination of every fine with the parts thereof 6 s. 8 d. and as much for a Recovery and the parts thereof, and for every exemplification of them 5 s. and for the search of every year 4 d. and for every sheet of a Copy (containning 14 lines) 4 d. and shall subscribe his name to the Roll after he hath so examined it, in pain of 5 l.
X. The said Justice shall have power to punish the officers, who manage that imployment, by fine or amerciament for their misprision or negligence therein, which shall be estreated amongst the fines and amerciaments of that Court.
[Page 189]XI. The Chirographer shall the first day of every Term fix in the Court of Common-Pleas a Table of each County, containing a true content of the fines passed in any one Term, and shall also deliver the like to each Sheriff, in pain of 5 l. and the Sheriff shall fix it up in the Court at the next Assizes, in like pain of 5 l. The said forfeitures are to be divided betwixt the Queen and the prosecutor, and the Chirographer's fee for every such content is 4 d.
XII. The Records shall not be carried out of the Office of Inrolments, and Fines and recoveries already passed and exemplified shall not be afterwards amended.
XIII. Stat. 27 El. 8. Where a judgment is given in the King's Bench in debt, detinue, covenant, accompt, action upon the case; ejectione firma, or trespass, first commenced there (other then such where the Queen is party) the plaintiff or defendant may sue forth of the Chancery a Writ of Errour, commanding the chief Justice to cause the Record to be brought before the Justices of the Common Pleas, and Barons of the Exchequer into the Exchequer-chamber, which Justices and Barons, or any six of them (being of the Coif) have there power to examine, and reverse or affirm the said judgment; other then for errour concerning the jurisdiction of the King's Bench, or for want of form in any Writ, Return, Plaint, Bill, Declaration or other proceeding whatsoever: and after such judgment reversed or affirmed, the said record shall be remanded, that the King's bench may proceed thereupon, as shall appertain; yet such reversal or affirmation shall not be so final, but that the party who finds himself grieved, may still sue in Parliament, as before.
XIV. Stat. 31 El. 1. The not coming of the Chancellor and Treasurer at the day of adjournment in any suit of Errour depending by force of 31 E. 3. Stat. 1. cap. 13. shall not be any discontinuance of the Writ of Errour; But if both the chief Justices or either of those great Officers be there, it shall be no discontinuance: Howbeit, no judgment shall be given therein, unless both those Officers be there present.
XV. Any three of the Justices of the Common Pleas or Barons of the Exchequer may receive Writs of Errour, award process thereupon, and prefix days of continuance for such Writs notwithstanding the Statute of 27 El. 8. but no judgment shall be given therein without the full appearance of six according to that Statute; and here also the party that finds himself grieved, may sue in Parliament as before.
XVI. Stat. 16 Car. 2. ca. 2. For preventing abatement of [Page 190]Writs of Errour upon judgments in the Exchequer, enacted: That the not coming of the Lord Chancellor and Lord Treasurer or either of them, at the day of Return of any writ of Errour, to be sued forth by vertue of the Stat. 31 E. 3. ca. 12. (recited in the Statute 31 El. ca. 1.) shall not cause any abatement or discontinuance of any such Writ of Errour. But if both the chief Justices of either Bench, or either of them, or any one of the said great officers, the Lord Chancellor or Lord Treasurer, shall come to the Exchequer chamber, and there be present at the day of Return of any such Writ of Errour, it shall be no abatement or discontinuance: But the suit shall proceed, to all intents as if the said Lord Chancellor and Lord Treasurer had come and been present at the day and place of return of such Writ.
Provided no Judgment be given, in any such suit or writ of Errour, unless both the Lord Chancellor and Lord Treasurer shall be present thereat.
XVII. An Act to prevent Arrests of Judgment, and staying Executions, by Writs of Errour and Supersedeas.

Vid. Title Execution, num. XI.

☞ Escape.

I. West. 1.3. 3 E. 1. Nothing shall be taken for the escape of a felon, until it be judged an escape by the Justices in Eyre, in pain of restoring as much to the party grieved, and as much also to the King.
II. Stat. 31 E. 3. Stat. 1.14. The escape of felons, and the chattels of felons, fugitives, and Clerks convict, adjudged by the King's Justices shall be levied, as they shall fall.
III. Stat. 1 R. 3.3. Justices of Peace have power in Sessions to inquire of escape of felons.

Eschange.

I. Stat. 9 E. 3.7. Exchanges shall be kept where it shall please the King and his Council.
II. Stat. 25 E. 3. Stat. 5.12. Every man may exchange gold for silver, or silver for gold, or for gold and silver, so that no man hold the same as exchanged, nor take profit for such exchange, in pain to forfeit the money so exchanged, except the King's exchangers, which take profit for such exchange, according to the ordinance before made: Note that this Statute is thus also recited in 5.6 E. 6.19. Howbeit the French Copy (in stead of, so as no man hold [Page 191]the same as exchanged) hath it thus: issint que nul home teigne comen eschange; and so the mistake seems to be in the word come, which should have been comen, and Rastal in the first Edition of his Abridgment (which I have) renders it thus: null preigne riens pur eschange dor pur argent on è contra, sur pain de forfetter del mony issint change for priss changours le Roy, quex pregneront solunque lordinante ent fait.
III. Stat. 14 R. 2. Stat. 1.2. For every Exchange, the Merchant shall be bound in Chancery to buy within three moneths after such exchange) Merchandise of the Staple, to the value of the summ exchanged in pain to forfeit the same.
IV. Stat. 11 H. 4.8. The Statute of 14 R. 2. shall be duly executed, and the Lord Chancellor shall send the estreats or exchanges taken of Merchants into the Exchequer every 15 dayes, and the Barons there shall have power to examine the Customers in that case and to punish them, if they finde them faulty. But note that these two last Statutes are now out of use.
* V. Stat. 5. 6 E. 6.19. None shall give or take any more for the exchange of coin, then the true value thereof amounteth unto, in pain to forfeit the mony so exchanged, or suffer one years imprisonment, and to be fined at the King's pleasure; and the said forfeiture is to be divided betwixt the King and seizer or prosecutor.

Eschequer.

I. Stat. Scaccarii 51 H. 3. All Bailiffs, Sheriffs, the Justices of Chester, Receivers of Wards and Escheats, and other Officers shall account in the Exchequer to the Treasurer and Barons there; and all Sheriffs, Farmers, Bailiffs of Franchises, and others that ought to come to the profer of that Court the Monday after Mich. and the Monday after the Utas of Easter, shall then pay in their Farms, Rents and Issues, and upon default they shall there remain until payment or agreement made for the same, and in case of absence they shall be amercied.
II. Then also shall the Sheriffs and Bailiffs pay in their summons of the Exchequer, and be then also ready to make account for the things aforesaid, and if the Bailiffs fail to do it, their bodies shall remain in Ward of the Sheriffs, and the Sheriff shall levy the King's debts by himself or his own Bailiffs, where the Bailiffs of the Franchises fail to do it.
III. The Justices of Chester shall have day to accompt from year to year in Quind. Paschae, and the Bailiffs thereof in the Monday of Easter Utas.
[Page 192]IV. All Sheriffs (except of Westmerland, Lancaster, Worcester, Rutland and Cornwal) shall keep all Wards and Escheats belonging to the King, and shall be answerable for the issues thereof in the Exchequer at the terms aforesaid; and at their turns they shall finde office of such things as belong to the King, and which are not used to be found before the Escheaters with as little grievance of the people as may be: And shall seize such Escheats, as fall to the King in fee, and shall without delay certifie the King thereof.
V. The King shall assign three able persons to survey and finde yearly the Wards and Escheats aforesaid, which the Sheriffs shall let to farm for the King's best advantage.
VI. The Sheriff of Cumberland shall be Escheater in Westmerland and Lancaster, the Sheriff of Nottingham in Rutland, the Sheriff of Glocester in Worcester, and the Sheriff of Devonshire in Cornwal; and shall safely keep the King's Wards and Escheats in those Counties, and at the terms aforesaid shall be answerable for the issues thereof in the Exchequer, as well as for those of their own Counties.
VII. The said Surveyors shall approve and mannage the King's demesnes, and shall be answerable for the issues thereof, and the Farmers shall be chargeable to the principal Approvers, and they in the Exchequer yearly the Munday after Ascention day.
VIII. Also the Collectors of the Custom of the Wooll shall account and pay yearly in the Exchequer at the two Terms aforesaid.
IX. The Keeper of the King's Wardrobe shall also account yearly at the feast of S. Margaret.
X. The Treasurer and Barons shall prefer the taking of these accounts before any other business to be heard in Court, except it concern the King's own debt.
XI. One Sheriff shall not be received to accompt during anothers account, nor until the first acconntant hath paid all his mony.
XII. The Constable, Marshall, Chamberlain, and other that are of fee in the Exchequer shall present to the King such as are of good fame to execute their offices, and for whom they will answer.
XIII. No Deputy-officer (without the licence of the Treasurer and Barons) shall be there received, unless he be sworn, and if he commit any trespass, and be not able to satisfie the punishment inflicted, his superiour shall be answerable for it.
XIV. The Officers of the Wool-staple shall make oath to certifie the Treasurer and Barons, or some of them (or, if need require the King himself) of all defaults and offences committed in the Woolstaple.
XV. About the feast of S. Margaret, and before the close of the [Page 193]Exchequer search shall be made whether any Sheriff or Bayliff have failed to account that year, and if any be, a remembrance thereof shall be made in the Roll; and if it be a Sheriff, his account shall be first heard after Michaelmas; but if a Bayliff, he shall be summoned or distrained to account at a certain day.
XVI. The Surveyors of the King's works shall be chosen by the oath of 12 men, and of such as may best attend that Office, and are sufficient to answer the King, if need be; and shall swear that they bear lawful witness; and if the Treasurer or Barons suspect the sale, allowances of charges, or the like, the truth thereof shall be inquired, and he that is attainted shall answer the King as much as the allowances amounteth unto, shall suffer a year and forty dayes imprisonment, and be further punished at the King's pleasure; and the Surveyors shall be also punished for their consent: and here, he that concealed any thing, wherewith he is chargeable shall be punished as well as he that admitted such false allowances.
XVII. All Justices, Commissioners, and others shall deliver into the Exchequer yearly after Michaelmas the estreats of fines and amerciaments taxed before them, and the Exchequer shall estreat them out in the summons to all Counties except the estreats in Eyre which shall be delivered immediately after the Eyre made.
XVIII. Stat. de Rutland, 10 E. 1. From henceforth the bodies of Shires shall not be written in several Rolls, but in a certain annual Roll by themselves, which shall be read every year upon the accounts of Sheriffs.
XIX. The remanents of the ferms shall be written by later dates in the annual Rolls, and the Sheriffs shall be charged therewith; in which remanents, Liveries, Alms assigned, and other allowances (if Sheriffs have had any) of the issues of their Bailiwicks by the King's Writs shall be allowed; and to the end the King may not be abused in such allowances, the Treasurer and Barons shall certifie the Chancellor the due allowances, and the Writs of allowances shall be made according to such certificate.
XX. Also in those annual Rolls shall be written the Sheriff's terms, the profit of Counties, the ferms of Serjeanties, Asserts, Cities, Burrows, Towns and other ferms, whereof there is answer yearly made in the Exchequer. In them likewise shall be written all debts determined, gross debts, and all other debts, that seem to be clear: Howbeit new duties shall not be written therein, but those debts, whereof there is hope of payment, and whereof the Sheriff is answrable, and debts found in the originals.
XXI. Of dead ferms and, desperate debts whereof there is no hope, one roll shall be made intituled Comitatus, and shall be read [Page 194]yearly upon the Sheriff's account, and the debts there, whereof the Sheriff is answerable shall be writ in the annual roll, and there shall be acquitted.
XXII. Tailes already paid and not allowed but charged in the summons of the Exchequer shall after proclamation be delivered to the Sheriffs to be allowed upon their accounts; and two faithful Knights in every County shall be present at the delivery of such Tails, which shall be delivered by Indenture betwixt the Knights and the Sheriffs, which Knights shall send their part to the Exchequer at the Sheriffs account; And if the Tails be not so delivered as aforesaid, the party failing shallbe chargeable with the debt.
XXIII. Inquisitors shall be appointed in every County, what debts, and what part thereof are paid, and what not, which Inquisitors shall certifie the persons convict to have received them, and thereupon Examination thereof shall be made in the Exchequer, and the Rolls rectified accordingly.
XXIV. The Chamberlains of the Exchequer shall not make to Sheriffs or Bayliffs Tails or dividends, unless they first receive of them writings concerning the particular summs of the actions of debts, and the names of them that paid them, unto which particulars he may put the names of such dividends, which being so received under their seals, they shall not be afterwards numbred into other particulars.
XXV. When Nichils are returned by the Sheriff, they shall be estreated into Rolls and delivered unto circumspect men to be inquired of as the Treasurer and Barons shall direct.
XXVI. No suit shall be prosecuted in the Exchequer house unless it concern the King and his Officers there.
XXVII. Stat. 37 E. 3.4. The Clerksof the Remembrance shall sit against the Clerk of the Pipe to take notice of, and imbreviate all discharges in the Pipe, to the end that process may thereupon cease: also upon such discharge the summons of Pipe shall be withdrawn.
XXVIII. Stat. 1 R. 2.5. All former Statutes made concerning the Officers of the Exchequer shall be firmly kept.
XXIX. If any Officer there make out process for a debt already paid, he shall lose his office, be imprisoned, and mak gree with the party at the discretion of the Treasurer and Barons.
XXX. Stat. 5 R. 2. Stat. 1.9. Every person impeached in the Exchequer may plead there in his own discharge.
XXXI. Stat. 5 R. 2. Stat. 1.11. Accounts in the Exchequer shall be heard, made and ingrossed more speedily then they were wont.
[Page 195]XXXII. Stat. 5 R. 2. Stat. 1.12. Two Clerks shall be assigned and sworn to make parcels of Accompts in the Exchequer, and shall be recompenced for their pains as the Barons shall think fit.
XXXIII. Stat. 5 R. 2. Stat. 1.13. No accounts of Nihil shall be admitted, but upon oath, and examination of the Officer, who upon such oath shall be discharged thereof, saving the Kings right.
XXXIV. Stat. 5 R. 2. Stat. 1.14. The Clerk of the Pipe and the two Remembrancers shall be sworn to make due entry (every term) of all Writs for the discharge of any person. And the Remembrancers shall also be sworn to make a Schedule (every term) of such as shall be so discharged, and to deliver it to the Clerks of the Pipe, to the end they may be also discharged in the great Roll; and the Clerk of the Pipe shall also be sworn to require such Schedules, and to deliver like Schedules to the Remembrancers of such as shall be discharged in his Office.
XXXV. Stat. 5 R. 2. Stat. 1.15. If a Judgment of Livery given in any other Court shall be sent into the Exchequer, the Remembrancer in whose office such accounts shall be demanded shall not issue new process thereupon, but shall cause it to cease by an Indorsement upon the Writ.
XXXVI. Stat. 5 R. 2. Stat. 1.15. The Clerk's fee for making of a Commission or Record of Nisi prius in the Exchequer shall be onely 2 s.
XXXVII. Stat. 13 R. 2. Stat. 1.14. Recognizances or bonds of the double made in the Exchequer for the King's debts shall be void: Provided, that the King be secured his duty the usual way.
XXXVIII. Stat. 1 Jac. 26. Issues lost, which by Queen Elizabeth's orders made in the fifteenth year of her Reign, ought to be remitted, shall from henceforth be discharged in the Exchequer.
XXXIX. If the Treasurer's Remembrancer or any officer under him observe not the said orders, they shall forfeit 20 l. to be sued for within two years, and to be divided betwixt the King and the party grieved.
XL. No process to do homage and fealty, or fealty onely, or writs of scire facias, capias, or distress for fines estreated out of the Common Pleas, shall issue out of the Remembrancers office upon supposal onely, upon the pains provided by former laws and orders of the Exchequer, but it must be upon just ground: and if it appear there that a tenure hath been traversed, the process shall be dischared by such traverse without pleading.
XLI. Upon the estreat of the original of the Chancery of the [Page 196]first granted of any lands holden in chief, by Knight Service, or Soccage in chief, or of any licence or pardon of alienation, Ouster le maine, general or special livery, or the inrolment of any of them, process shall be made only for the services due thereupon, and the parties shall be admitted without pleading, paying the fine, as hereafter is expressed.
XLII. Here where the first tenant is returned Mort, or Nihil habet; then shall issue out a distring. tenent for the tenant or tenants to do his or their service; against whom, after he or they are known, process shall issue out every term with issues to be lost, until they come in shew their entry, make fine, &c.
XLIII. If a grantee of an inheritance or free-hold in lands holden in chief, or by Knights service have a licence of Alienation, and bring it to the Treasurers Remembrancer, it shall be received and inrolled without plea: so likewise shall a livery general or special, or ouster le main.
XLIV. Where any Writ of Reversion shall be made upon any Record for lands, wherein the Prince is in Reversion, the party upon shewing a Record testifying so much shall be discharged without plea.
XLV. Where two Mannors in one County have the same name, if that of them be charged which ought not, the issues out shall be saved and the party discharged without plea.
XLVI. Issues lost by any, which are returned tenants of lands, which they have not, shall be discharged.
XLVII. Issues lost upon a Ward under age shall be discharged; so also shall those returned upon the Committee of a ward.
XLVIII. Issues lost upon lands in the Queens hands by extent, shall be discharged; so also shall those returned upon tenants for life, year, or at will; or upon tenants of lands in chief by extent.
XLIX. Issues lost by untrue returns, or misreturns by Sheriffs shall be discharged.
L. Issues lost upon any former grants of lands in chief, and now not holden, shall be discharged.

LI. Issues lost by being returned upon a Jury, when the party at the time of his apparance was in prison, beyond sea, or in the Queen's service, shall be discharged. [Page 197]

The Exchequer-Fees for respect of Homage.
The value of the Land.				The Queen's Fee.		The Remembrancer's Fee.		The Entry.		The Attourney's Fee.
	li.		li.	sh.	d.	sh.	d.	sh.	d.			sh.	d.
A	100	ad	60	10	00	01	08	00	04	By some		03	04
A	60	ad	30	06	08	01	08	00	04	By some		01	08
A	30	ad	20	05	00	01	08	00	04	By some		00	00
A	20	ad	15	03	04	01	01	00	04		l.	sh.	d
A	15	ad	10	02	00	01	08	00	04	By some voluntary annuities for all matters.	2	00	0
A	10	ad	10 m	01	80	01	08	00	04		1	00	0
A	10 m	ad	5 li.	01	00	00	00	00	04		0	13	4
A	5 li.	ad	3 li.	05	08	00	08	00	04		0	10	0
A	3 li.	& infra.		00	04	00	04	00	04		0	06	8
											0	05	0
										These never lose issues, but have their fines paid, whether they come or not.

LII. The Treasurer's Remembrancer shall fatisfie every subjects charges, that shall be vexed upon a supposal to be set by the Court so also shall his Clerks pay the issues lost, when the subject hath duly paid his respect of Homage, to be proved by the acquittance.
LIII. The Treasurer's Remembrancer may by order of the Exchequer issue out process for the discovery and preservation of tenures, notwithstanding this Act; Howbeit, no such tenure appearing, the party shall be discharged without plea or fee.

☞ Escheators.

I. Stat. 14 E. 3.8. Escheators shall be chosen by the Chancellor, Treasurer, and chief Baron calling to them the two chief Justices as Sheriffs use to be chosen: and they shall not continue in their office above one year.
II. Stat. 34 E. 3. Stat. 1.13. Every Escheator shall take his [Page 198]Enquests of good and lawful men, well inherited and good same, and inhabiting the County where the inquiry is made; And the Enquest so taken shall be indented between him and the Jurors otherwise they shall be void. The Enquests shall also be taken in good towns openly and not privily
III. Stat. 34 E. 3. Stat. 1.14. Traversees of offices found before the Escheators shall be tried in the Bench.
* IV. Stat. 36 E. 3. Stat. 1.13. An Escheator shall have no fee of the lands of the King's ward, neither shall he commit any waste therein, in pain of forfeiting treble dammages at the ward's own suit, or by his friends; The same law is also of other land seised by Enquest of office.
V. Land seised into the King's hand by an Escheator shall be let to farm by the Chancellor to him which tendreth a traverse to the office.
VI. Enquests shall be taken openly and by Indenture, as aforesaid, and if the Escheator do contrary to this Act, he shall suffer two years imprisonment, and be ransomed at the King's will.
VII. Stat. 42 E. 2.5. None shall be Escheator unless he have 20 l. of land at least in fee: He shall execute his office in proper person, and upon the putting in of another, his office determines.
VIII. Stat. 8 H. 6.16. No Escheator or Commissioner shall take any Enquests but such as are impannelled by the Sheriff of the County within which he bears that office, in pain of 40 l. to be divided betwixt the King and the party grieved.
IX. Lands seised by the Escheator shall not be let to farm before the officer be fully returned, and then they shall be let to him that tendreth a traverse to the office; he finding surety to prosecute it with effect, and to answer the profits, in case he cannot maintain the traverse: but then he must tender his traverse within a moneth after the return.
X. The Escheator or Commissioner shall return the office within a moneth, in pain of 20 l. to be divided betwixt the King and the prosecutor.
XI. Stat. 18 H. 6.6. No lands shall be granted before the King's title thereunto be found by inquisition, nor within a moneth after, unless it be to him that tendreth his traverse, as aforesaid.
* XII. Stat 18 H. 6.7. The Escheator shall return an office found before him into the Chancery or Exchequer within one moneth after the taking thereof, in pain of 40 l. given by the Stat. of 8 H. 6.16. and besides to answer so much to the King as he is damnified for not returning the same.
[Page 199]XIII. Stat. 23 H. 6.17. The Escheator shall take his inquest within one moneth after the delivery of the Writ unto him, and that in some good Town openly.
XIV. He shall not take above 40 s. for the execution of one writ in one County, and that onely when his labour and costs require it, otherwise he ought to take less, and all this in pain of 40 l. to be divided betwixt the King and the prosecutor.
XV. If any will traverse an office, no protection shall lie for the Patentee, and concerning the demise of the lands to him that tenders a traverse, the Statutes of 36 E. 3.13. 8 H. 6.16. & 18 H. 6.6. shall be duly observed.
XVI. Stat. 12 E. 4.9. None shall take upon him to be an Escheator, or Deputy to an Escheator, unless the Escheator himself hath free-hold within the County worth 20 l. per annum, in pain of 40 l. to be divided betwixt the King and the prosecutor.
XVII. His Deputy or Farmer shall be a sufficient man, and shall certifie into the Exchequer his deputation within 20 dayes next after it is made, upon the like pain of 40 l. to be divided as aforesaid.
XVIII. Justices of Peace in Sessions have power to hear and determine these defaults, and give judgment for the recovery of the said forfeitures.
XIX. This Statute shall not restrain Corporations, which have power by their Charter to appoint Escheators.
XX. Stat. 1 H. 8.8. No Office shall be returned into any of the King's Courts, but such as is found by Jury, in pain to forfeit 5 l. to the party grieved.
XXI. The yearly revenue of an Escheator or Commissioner shall be fourty Marks in free-hold in the same County, so that they shall not execute any Writ, unless they have lands of that value, in pain of 20 l. and the Commissioner (not having such an estate) may refuse to sit, and shall be discharged upon oath without fine or fee.
XXII. They shall sit in open places according to former Statutes, and shall take their evidence openly, in pain of 40 l.
XXIII. Here, if the Sheriff return a Juror, not having 40 s. per annum free-hold in the same County, he shall forfeit 5 l.
XXIV. The Inquisition shall be taken by Indenture, whereof one part shall remain with the fore-man, and the other part is to be delivered by the Commissioners or Escheator into the Petty-Bag-office, from whence it is afterwards to be transcribed into the Exchequer: And the Juror shall present by Indenture, in pain to forfeit 20 s. a piece, the Escheator also, or the Commissioners, or [Page 200]some of them shall receive the Jurors presentment without delay, in pain of 5 l.
XXV. The officer in the Petty-Bag shall file the office within three days after receit thereof, in pain of 40 l.
XXVI. The officer in the Exchequer that refuseth to receive an office upon tender shall forfeit 40 l. and then the Escheator or Commissioners shall be discharged of their forfeiture of 40 l. for not returning the officer within a moneth, so that they return another into the Chancery or Exchequer (as the cause requires) within a moneth after that first moneth.
XXVII. The Clerk of the Petty-Bag shall send a transcript of the office into the Exchequer the next term after he receives it, in pain of 5 l.
XXVIII. None shall be Escheator above a year, nor within 3 years after; and the abovesaid forfeitures of 5 l. the party grieved shall have, but the rest shall be divided betwixt the King and the prosecutor.
XXIX. This Act shall not restrain such as by reason of any franchise, prescription, or grant may depute Escheators, but that such Escheators may hold their offices above a year.
XXX. Neither shall the branch of this Act concerning the yearly value of estates of Escheators and Jurors extend to Corporations or priviledged persons, and places, the County Palatine of Lancaster and Chester onely excepted.
XXXI. Neither shall this Act extend to prejudice Justices of Peace for doing any thing which concerns the Commission of Peace.
XXXII. Stat. 1 H. 8.10. Lands seized into the King's hands upon an inquest of Office shall be let to farm to him, that tendreth to traverse the same within three moneths after such office found, notwithstanding the Statute of 8 H. 6.16.
XXXIII. Stat. 33 H. 8.22. He that is certified in the Chancery by the Treasurer to be Escheator, shall within one moneth take upon him the office, or shew cause in the Exchequer why he doth it, in pain of 20 l.
XXXIV. The Escheator shall not sit, virtute officii, where the lands be 5 l. per annum or above, in pain of 5 l.
XXXV. The Escheator shall forfeit 5 l. if he take for the finding of an office of lands, that exceed not 5 l. per annum above 15 s. viz. for his own fee 6 s. 8 d. for writing the office 3 s. 4 d. for the Juries charges 3 s. and for the officers above, that are to receive the office 2 s.
XXXVI. The officers appointed to receive Inquisitions, shall receive [Page 201]them upon tender within a Moneth after their finding, in pain of 5 l.
XXXVII. The abovesaid forfeitures shall be divided betwixt the King and the Prosecutor.
XXXVIII. Stat. 2. & 3 E. 6.8. The Estates and Interest of others shall be saved, though they be not found in the office.
XXXIX. Where an heir of full age is found within age, he shall have a writ of Aetate probanda and may proceed to sue out his Livery, or Ouster le main, (as his case is) and receive the profits of his lands, notwithstanding such office found.
XL. Where after the King's tenants death, more heirs then one are found, or if one untruly be found a Lunatick, Idiot, or dead, the party grieved may have his traverse, as in other cases of untrue Inquisitions.
XLI. A travese, or Monstrance de droit is given without petition, though the King be intitled by double matter of Record.
XLII. When the Jury findes de quo vel de quibus, &c. ignorant, or per quae servitia ignorant, the first shall not make a tenure of the King, nor the last a tenure in capite, but in such case a melius inquirendum shall issue forth.
XLIII. Traverse given to an office, where a wrong tenure is found.
XLIV. The rents of mean Lords shall be paid (during the nonage of the ward) by the officer, that receives the revenue of the Ward's lands.
XLV. This Act shall not extend to Inquisitions taken before the 20 of March 1548.
XLVI. Upon every traverse a scire facias or two writs of search shall issue forth, viz. the first against the King's Patentee, and the other when by the Common Law the party grieved was put to his Petition.
XLVII. Notwithstanding a traverse, the King's former right shall be reserved.

Escuage.

I. Magna Charta, 37. Escuage shall be taken as it was wont in the time of King Henry our Grandfather.

[Page 202]

Essoin.

I. Marlb. 13. 52 H. 3. After issue joyned in Dower, Darrein presentment, or Quare impedit, one Essoin or one default shall be onely allowed, and if the party come not at the day given, or make default the second day, the Enquest shall be taken, and judgment given.
II. If the Enquest be taken in the County before the Sheriff or Coroners, it shall be returned before the Justices at a certain day, when if the party appear not, another day shall be assigned by the Justices, and then shall issue a command to the Sheriff to cause the party to come to hear the judgment: when if he come not, the Justices shall proceed to judgment: In like manner, it shall be done, if he come not at the day given by the Essoin.
III. Marlbr. 19. 52 H. 3. In Counties, Hundreds, Court-Barons, or other Courts, none shall need to swear to warrant his Essoin.
IV. West. 1.41. 3 E. 1. In Assize, Attaints, and Juris utrum after apparence the tenant shall not to be Essoined.
V. West. 1.42.3. Parceners or tenants joyntly enfeoffed shall not forch by Essoin.
VI. West. 1.43. 3 E. 1. Essoin ultra mare shall not be allowed, but shall be turned into a default, if the Demandant will prove, that the tenant was within the four Seas the day of the summons and three weeks after. Howbeit, this is onely to be done before Justices.
VII. Glocester, 10. 6 E. 1. The husband and wife being impleaded shall not fourch by Effoin.
VIII. West. 1.2. 13 E. 1. There shall be no Essoin for an Appellant.
IX. West. 2.17. 13 E. 1. In the Circuit of the Justices an Essoin de mato lecti, lieth not for lands in the same County, unless the party be sick indeed: for if at the instance of the demandant it be proved by inquest that the tenant is not sick, the Essoin shall be turned to a default.
X. Neither shall such an Essoin lie in a writ right between two claming by one descent.
XI. West. 2.27. 13 E. 1. An Essoin may be allowed at the next day after inquest, but none at any of the other days following, nor after day given prece partium.
XII. West. 2.28. 13 E. 1. In Assize after apparence the demandant shall not be Essoined.
[Page 203]XIII. Stat. Of Essoins 12 E. 2. Essoins do not lie in the insuing cases, where the land is taken into the Kings hands; where the party is distrained by his lands; where any judgment is given thereupon, if the Jurors come where the party is seen in the Court; Essoin Ultra mare lieth not, where the party hath had before an Essoin de mal venir; It lieth not where the party hath Essoined himself another day; where the Sheriff was commanded to make the party to appear; Essoin de servitio Regis lieth not where the party is a woman; it lieth not in a Writ of Dower; or because the plaintiff hath not found pledges; it lieth not where such a man's Attorney was Essoined; where the party hath an Attorney in his suit; where the Essoiner confesseth that he is not in the Kings service, where the sommons is not returned, or the party not attached upon non est inventus returned; where the party was before Essoined de servitio Regis, & had not put in his warrant, where the party hath been resummoned in Assize of Mortdancester, or Darrein presentment; It lieth not because such a one is not named in the writ; nor where the Sheriff hath a Precept to distrain the party to come, by his lands and goods; nor where the Bishop was commanded to cause the party to appear; nor for that the day is past.
XIV. An Essoin de servitio Regis is allowed after the Grand cape, Petit cape, and distresses taken upon the lands and goods.
XV. Stat. De visu terrae, An essoin de servitio Regis lieth not in a writ of Novel disseisin, Dower, Darrein presentment, or Appeal, Vide Rast. Essoin 13.

Estrepement.

I. Glocester, 13. 6 E. 1. No wast shall be made hanging a suit for the land.

☞ Estreats.

I. West. 1.44. 5 E. 1. If tenant or defendant make default after the first attachment returned, the great distress shall be awarded whereupon if the Sheriff make no sufficient return, he shall be amerced, but if the return be that he hath done execution, & delivered the issues to the sureties, day shall be given him to return them before the Justices, when if the party appear, he shall have them, but if not, the King shall have them; and the Justices shall cause them to be sent into the King's Wardrobe, and then deliver them into the Exchequer, and the Justices in Eyre, to the Sheriff of the County (where they plead) and likewise of forreign Counties, who shall be charged therewith by the Rolls of the Justices.
[Page 204]II. Stat. De forma mittendi extractus ad scaccarium 15 E. 2. Vide Rast. Estreates 2. First, all fines to have writs, and all other fines (wherein the sum is expressed) of one County for the whole year, which are to be sent into the Exchequer, entred in the streat of themselves in one place, in order as they are entred in the Chancery Rolls, together with the date of the day when such fine was made.
III. Next to them shall be entred Charters, Letters Patents, and Commissions in which any rent is due to the King, or any accompt is to be made; Then, homages, fealties, writs of Diem clausit extremum, reliefs and services.
IV. Then, the names of all such as shall be assigned that year to hear, inquire of, or do any thing, whereby fine, amerciament, or other profit may arise to the King, to the end they may be sent to for the Estreats thereof. And in the end of the Estreat redisseisins and surcharging of pastures.
V. Statutum scaccarii is confirmed, and it is further ordained, that the Justices of both the Benches, the Warden of the forrest, the Steward of the King's house, and the Clerk of the Market, shall in like manner yearly deliver their Estreats in the Exchequer: The Steward of the King's house shall also send his Estreats yearly at the close of Easter term, and the next day after Michaelmas.
VI. The Warden also of the Alnage shall yearly deliver his Estrears to the Treasurer, containing all defaults of cloth contrary to the Assize and the Price, at which he delivered them, and also where, when, and by what warrant.
VII. Divers other provisions for the King's Butler, and Customers concerning wines imported.
VIII. Stat. 42 E. 3.9. The party chargeable by the Estreats of green wax upon payment thereof shall see the schedules themselves under seal, and the charge being paid, it shall be totred by the Sheriff, for default whereof if the party be afterwards damnified, the Sheriff shall pay him treble damages, to be recovered before Justices of Peace, or other Justices, and shall besides make fine to the King. Also where the copies of the Estreat concern franchises they shall be delivered to Bailiffs of the Franchises under the Sheriffs seal, which Bailiffs shall render an account thereof in the Exchequer by the same Copies.
IX. Stat. 7 H. 4.3. The Justices and Judges, before whom Issues or amerciaments are forfeit, shall charge the Clerks of the Estreats, where they are so forfeit, by oath to express in their Rols the cause of such forfeit, the term when, the nature of the writ [Page 205]whereupon, and betwixt what parties they were lost, and that as well in the King's suit as in the parties.
X. The Statute of 42 E. 3.9. confirmed.

Evidence.

I. Stat. Ja. An Action being brought against a Justice of Peace, Major, or Bailiff of a Corporation, Head-borough, Pottreeve, Constable, Tithing-man, or Collector of subsidies or fifteens for any thing done by reason of their several offices, both they and all their assistants may plead the general issue, and yet give the special matter in evidence.
II. Here, if the verdict pass for the defendant, or the plaintiff be non-suit or discontinue his suit, the defendant shall be allowed double costs, to be recovered, as costs in other cases given to the defendant use to be recovered.
III. Stat. 21 Ja. 12. The Statute of 7 Ja. 5. is confirmed, and Churchwardens, Sworn-men, and Overseers of the poor, together with their Assistants are to be comprehended within the purview of the same Statute.
IV. An Action brought against any of the said Officers there Deputies or Assistants shall be laid in the County where the fact was committed, and not elsewhere.

Exception.

I. West. 2.31. 13 E. 1. When the Justices will not allow a Bill of exception upon Prayer, if the party impleaded render the same unto them in writing, and requires their seals thereunto, they or one of them shall do it.
II. If the Exception sealed be not put into the Roll, upon complaint thereof to the King the Justice shall be sent for, and if he cannot deny the seal, the Court shall proceed to judgment, according to the exception.

Excise.

I. Stat. 12 Car. 2. cap. 24. There shall be paid to the King his heires and successors the several rates and impositions following, viz.
- Every barrel of Beer or Ale above 6 s. the barrel, brewed by common Brewers or persons commonly selling the same, 15 d;
- Every barrel of Beer or Ale under 6 s. by such common Brewers or Sellers, 3 d.
- [Page 206]Every hogshead of Sider and Perry sold by retail, and payable by the retailer, 15 d.
- Every gallon of Metheglin or Mead sold, to be paid by the maker, ob.
- Vineger beer by the common brewer, every barrel, 6 d.
- Every gallon of Strong-water, or Aquavitae, sold, to be paid by the maker, 1 d.
- Every barrel of Beer imported from beyond Sea, 3 s.
- Every tun of Sider or Perry imported, 5 s.
- Every gallon of Spirits made of Wine or Sider imported from beyond Sea, 2 d.
- Every gallon of Strong-water imported, 4 d.
- Every gallon of Coffee sold, to be paid by the maker, 4 d.
- Every gallon of Chocolate, Sherbet and Tea, sold by the maker. 8 d.
II. The rates upon forein liquors imported shall be paid by the Merchants importing, in ready money before landing thereof.
III. All common Brewers of Beer and Ale, shall once in every week: And all Inn-keepers, Alehouse-keepers, Victuallers and retailers of Beer, Ale, Sider, Perry, Metheglin and Strong-water, every moneth make particular entries thereof at the office of Excise within their limits:
IV. All common Brewers for omitting such entries shall forfeit 10 l. Inn-keepers 5 l. and Alehouse-keepers 20 s. for every default.
V. Common Brewers not paying their duties within a week after entrey, shall pay double the value: Inn-keepers, Alehousekeepers, Victuallers and retailers, not paying within a moneth after entrie, shall pay double the value.
VI. Provided, none dwelling in Market-towns be compelled to make entries or payment, but in the said Town, none other dwelling out of such Market-town but in the next Market-town to the place where he inhabiteth.
VII. The Commissioners and Sub-commissioners appointed by the King may under their hands and seals appoint so many Gagers as shall be needfull: who may enter into the houses of Brewers, Inn-keepers, &c. to gage all Coppers, Fatts, and Vestels in the same, and thereof make return in writing to the Commissioners and Sub-commissioners of Excise under whose office and limits they live: and upon refusal may forbid the parties to sell any Beer, &c. and 10 l. forfeiture, if the party shall afterwards sell.
VIII. The Gagers shall return 36 gallons after the Ale-quart for a Barrel of Beer.
[Page 207]IX. Brewers and Retailers shall observe the usual prices: saving the Excise to the Brewer.
X. Allowance shall be made to the Brewers for wast and leakage, viz. 3 barrels, upon 23 for Beer, and 2 barrels, upon 22 for Ale; which upon false entry proved before the Commissioners of Excise or any 2 of them, the Brewer shall lose and forfeit the said allowance for 6 moneths.
XI. Brewers shall deliver no Beer to Retailors until the Excise be paid: Provided, persons being no common Brewers paying the Excise shall not be subject to the penalties in this Act.
XII. Commissioners may compound for the Excise with Inn-keepers, Alehouse-keepers and Victuallers within their devisions.
XIII. The Lord Treasurer or such Commissioners as the King shall appoint, may contract with persons for the farming any the rates or duties in this Act, for any term not exceeding 3 years.
XIV. Provided, persons to be appointed by the Justices of the Peace within six moneths after this Act to have the refusal of contracting for the Excise, in their respective Counties.
XV. Forfeitures and offences upon this Act in London shall be heard and determined before the Commissioners of Excise, or Commissioners of Appeal, and in the several Counties before 2 Justices of the Peace, and upon their neglect or refusal by 14 days space after complaint, and notice to the offendor, then the Subcommissioners for the Town or place, &c. or major part of them to hear and determine the same, saving an appeal in case of wrong to the quarter Sessions, who are to summon the parties and may proceed to levy the forfeitures within this Act.
XVI. Provided, the said forfeitures and penalties may be mittigated or compounded, 3 fourth parts of which shall go to the King and one fourth to the informer.
XVII. One principal office of the Excise erected in London, to be mannaged by such officers as the King shall appoint.
XVIII. None shall be capable to meddle in any office of the Excise, until he shall before 2 Justices of the Peace, or one of the Barons of the Exchequer take the Oath of Supremacy and Allegiance, and the Oath following. ‘You shall swear to execute [...] truely and faithfully, without favour or affection, and shall from time to time true accompt make, and deliver to such person and persons as his Majestie shall appoint to receive the same, And shall take no fee or reward for execution of the said office, from any other person then from his Majesty, [Page 208]or those whom his Majesty shall appoint in that behalf.’
XIX. London, Westminster, Southwark, and Parishes under the bills of Mortality shall be under the goverment of the head office, and be open at certain times of the day.
XX. The General issue may be pleaded in any action brought, against persons doing any thing in execution of this Statute, and the defendant upon nonsuit or verdict for the the defendant to return double costs.
XXI. Writs of raciorari shall supersede no proceedings. See Accompt, num. XI.
XXII. See Stat. 1. 5 Car. 2. cap. 12. Stat. 3. An additional Act for better ordering and collecting the duty of Excise, and preventing the abuses therein, and Stat. 15 Car. 2. cap. 13 Stat. 3. An explanation Act for recovery of the Areares of Excise not pardoned by the Act of Oblivion.
XXIII. Stat. 16. 17 Car. 2. cap. 4. After the 8 of November 1665 all Farmers of Excise or any of them within their respective devisions may use and put in execution all such powers as Commissioners or Sub-commissioners of Excise may by several Statutes for Excise, for the levying the same. Except the judicial part for determining offences, and imposing or mitigating or compounding fines, or penalties.

Excommunication.

I. Sententia lata super Chartas 38 H. 3. Vide Rast. Excom. 1. In the year 1254, by the concent and in the presence of the King, the Lords and other estates of the Realm. Boniface Arch-bishop of Canterbury, and all the other Bishops then present being apparelled in Pentisicals with tapers burning, do in Westminster hall solemnly denounce a heavy curse and Excommunication against all such as shall violate or break the liberties of the Church, or Customs and Liberties of the Realm, and especially contained in Mag. Char. and Cart. de Foresta.
II. Articuli Cler. 7. 9 E. 2. The King's letters, that Ordinaries shall absolve excommunicate persons, shall not issue forth any more, unless it be found that the King's liberty is prejudiced by such Excommunication.
III. Articuli Cler. 12 9 E. 2. The writ of Excommunicato capiendo shall not be denyed for the priviledge of being of the King's tenure, and that the party ought not to be cited out of their Parish.
[Page 209]IV. Stat. 9 E. 3. Writs are ordained for the Bishops to excommunicate all perturbers of the peace of the Church and King, felons, maintainers and conspirators of felonies, false Jurors, and maintainers of false quarrels, every Sunday and double feasts, &c. in 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,
[Page 210]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 [Page 211]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 costs and damages for delaying of execution by the writ of errour.
VIII. Stat. 21 Jac. 24. The party or parties, at whose suit any person shall stand charged in execution for debt or damages recovered, their executors or administrators may after the death of the person so charged in execution, lawfully sue forth new execution against the lands and tenements, goods and chattels of the person so deceased, in like manner as if the person deceased [Page 212]had never been taken in execution. Howbeit, this Act shall not extend to lands sold bonâ fide, (after the Judgment given) when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts.
IX. For further remedy against the inconvenience of staying Execution, after judgment, in part provided against by the Stat. 3 Jac. cap. 8. no Execution shall be stayed in any of the said Courts by writ of Errour or Supersedeas after Verdict and Judgment in action of debt upon the Stat. 2 E. 6. for tithes, promise for payment of money, Trover, Covent, Detinue or Trespass, unless such recognisance in the same Court be first entred as directed by the said Statute: And if Judgment be affirmed the party presenting such writ or error shall pay double cost for such delay.
X. Proviso, this Act not to extend to any popular action, except Stat. 2 E. 6. for tithes, nor to any Indictment, Information, Inquisition, or Appeal.
XI. Stat. 16. & 17 Car. 2. cap. 8. After a Verdict of 12 men in any action, suit, bill or demand, comenced after the 25 of March 1665 in any the Courts of Record at Westminster, or Courts of Record in the County Palatine of Chester, Lancaster, or Durram, or Courts of the Great Session, or in any of the 12 Shires of Wales, Judgment thereupon shall not be stayed or reversed, for default in form, or lack of form, or lack of pledges, or but one pledge to prosecute returned upon the original writ, or for default of entring of pledges upon any Bill or declaration, or for default of bringing into Court of any Bond, Bill, Indenture, or other deed whatsoever mentioned in the declaration or other pleading, or for default of allegation of the bringing into Court of letters Testamentary, or letters of Administration, or by the reason of the omission of 6, &c. armis or Contra pacem, or for mistaking of the Christianname or Sur-name, of the Plaintiff or Defendant, Demandant or Tenant, summe or summes of money, day, moneth or year by the Clerk in any Bill, Declaration, or Pleading, where the right name, Sur-name, summe, day, moneth or year, in any Writ, Plaint, Roll, or Record proceeding, or in the same Roll or Record where the mistake is committed, is rightly alledged, whereunto the Plaintiff might have demurred and shewn the same for cause: Nor for want of the averment of Hoc paratus est verificare, or Hoc paratus est verificare per Recordum, or for not alledging Prout patet per Recordum, or for that there is no right venue, so as the cause were tried by a Jury of the proper County, or place where the action is laid.
[Page 213]XII. Nor any Judgment after verdict, confession by cognovit actionem, or relicta verificatione, shall be reversed for want of Miserecordia, or Capiatur, or by reason that a Capiatur is entred for a Miserecordia, or a Miserecordia for a Capiatur: Nor that Ideo concessum est per Curiam is entred for Ideo confideratum est per Curiam; nor for that encrease of costs after a verdit in any action, or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given; nor by reason that the costs in any whatsoever are not entred to be by consent of the Plaintiff: But that all such omissons, variances, defects and other matters of like nature, not being against the right of the matter of the suits, nor whereby the issue or tryall are altered, shall be amended by the Justices and other Judges of the Courts where such Judgments are or shall be give, or whereupon the Record is or shall be removed by writ of Errour. Provided this Act extend not to any Writ, Declaration, or suit of Appeal of Felony or Murther, nor any indictment or presentment, Felony, Murther, Treason, or other matter, nor to any process upon any of them, nor to any Writ, Bill, Action or information upon any penal Statute, other then concerning Customes and Subsedies of Tunnage and Poundage.
XIII. And after the 20 of March 1664. No Execution shall be stayed in any of the aforesaid Courts by writ of Errour or Supersedeas thereupon, after verdict and judgment, in any action personal whatsoever, unless a recognizance with condition, according to the former Statute made 3 Jacob. cap. 8. shall be first acknowledged in the Court where such judgment shall be given.
XIV. In writs of Errour to be brought upon any judgment after verdict in any writ of Dower, or of Ejectione firmae no Execution shall be stayed, unless the Plaintiff in such writ or Errour shall be bound unto the Plaintiff in such writ of Dower of Ejectione firmae, in such reasonable summe as the Court to which such writ of Errour shall be directed shall think fit with condition that if the judgment shall be affirmed in the said writ of Errour, or the writ of Errour discontinued in the default of Plaintiff therein, or that the said Plaintiff be nonsuit in such writ of Errour, that then the Plaintiff shall pay such costs, damages, and summes of money as shall be awarded, after such judgment affirmed, discontinuance, or nonsuit. And the Court wherein such execution ought to be granted, upon such affirmation, discontinuance or nonsuit, shall issue a writ to enquire, as well of the mean profits, as of the damages by any waste committed after the first judgment in Dower, [Page 214]or Ejectione firmae: And upon return thereof Judgment shall be given, and Execution awarded for such mean profits, and damages, and for costs of suit. Provided, this Act extend not to any writ of error to be brought by any Executor or Administrator, nor any action popular, nor to any other action which is or shall be brought upon any penal Law or Statute (except actions of debt for not setting forth of tithes) nor to any Indictment, Presentment, Inquisition, Information, or Appeal. This Act to continue in force for 3 years, and to the end of the next Session of Parliament, after the said 3 years, and no longer.

Execution of Statutes.

I. Stat. 3 H. 7.1. The Lord Chancellor, Treasurer, and Privy Seal, or any two of them, calling to them a Bishop, a Lord of the Council, and the two chief Justices (or two other Justices in their absence) upon bill of information put to the Chancellor, for the King or any other for maintenance, retainers, embraceries, untrue demeanings of Sheriffs, taking of money by Juries, great Riots, or unlawful assemblies, have authority to call before them by writ, or privy Seal the said mis-doers, and them and others to examine, and to punish them according to the Statutes in that behalf made in like manner as if they were convict by due order of Law.
II. Stat. 21 H. 8.90. The President of the King's Council shall be associate with the Lord Chancellor, &c. for the examination and punishment of the mis-doers aforesaid, according to the said Statute of 3 H. 7.1. and other Statutes thereof made.

Executors.

I. West. 2.23. 13 E. 1. Executors shall have a Writ of accompt, and like action and process in the same Writ, as their testator should if he had lived.
II. Stat. 4 E. 3.7. Executors shall have an action for a trespass done to their testator as for his goods and chattels carried away in his life, and shall recover their damage, in like manner as he, whose executors, they shall have done, if he had lived.
III. Stat. 9 E. 3. Stat. 1.3. In a writ of debt brought against executors, they shall have but one Essoin amongst them all before apparence, and another after, so that they shall not fourch by essoin.
[Page 215]IV. Here, though the Sheriff upon the Summons return nihil, yet an attachment shall be awarded, and upon nihil also returned thereupon the great distress, and then he or they that appear shall answer.
V. Albeit some of them after apparence make default at the return of the great distress, yet shall he or they be put to answer, that first appeared at the great distress so returned.
VI. If judgment pass for the Plaintiff, he shall have judgment and execution against them that have pleaded, and against all others named in the Writ, of the Testators goods, as well as if they had all pleaded.
VII. Any may sue in this case according to the law formerly used (if he please) notwithstanding this Statute.
VIII. Stat. 25 E. 3. Stac. 5.5. Executors of Executors shall have actions of debt, account, and of goods carried away of the first testators; and execution of Statute-merchants and Recognizances made unto him, and shall also answer to others so far forth as they shall recover of the first testators goods, as the first executors should have done.
IX. Stat. 33 H. 6.1. Where servants after the death of their Lords or Masters do imbezil their goods, after full information thereof made to the Lord Chancellor by the executors or two of them of such spoil made, the said Lord Chancellor by advice of the two chief Justices and chief Baron, or two of them shall have power to make such writs to be directed to such Sheriffs, as to them shall seem fit, to make proclamation in such places within twelve days after delivery of the said writs, as to the said Chancellor by the advice aforesaid shall seem reasonable, that the offenders appear in the King's Bench at the day limited in the Writ, which Proclamation shall be made 15 days before the day apparence, when if the offendor appear not, he shall be attainted of felony.
X. If the party appear, the Justices shall commit him to prison, there to remain, until he hath answered the executors in their actions, and the same actions be determined, provided, that they be pursued with effect, and not slackly.
XI. The offender may be bailed by the Justices of that Bench, procuring two sufficient persons to be bound with them to the executors by recognizance in the same Court, to keep such day, as he shall have by the same Court.
XII. The Gaoler shall not let them go at liberty without the Justices order, in pain of 40 l.
XIII. Stat. 21 H. 8.4. That part of the executors which take upon them the charge of a Will may sell any land devised by the [Page 216]restator to be sold, albeit the other part, which refuse, will not joyn with them.
XIV. Stat. 43 El. 8. If any person shall obtain any goods or debts of an Intestatee, or releases or other discharge of any debt or duty, (which belonged to the Intestatee) by fraud (as by procuring the administration to be granted to a stranger of mean estate, and not to be found, with intent thereby to obtain the Intestatee's estate) and not upon valuable consideration, or in satisfaction of some just debt answerable to the value of the goods so obtained, in such case such person shall be chargeable as executor of his own wrong, so far as the value of the goods or debts so obtained shall amount unto: Howbeit he shall also be allowed such reasonable deductions, as other Executors or Administrators ought to have.

Exigent and Utlawry.

I. Stat. 5 E. 3.12. Where the Plaintiff recovers damages, and the Defendant is thereupon outlawed, no pardon shall be granted, except the Chancellor be certified, that the Plaintiff is satisfied his damages.
II. Where one is outlawed by processes before apparence, no pardon shall be granted, except the Chancellor be certified, that the person is outlawed hath yielded himself to Prison before the Justices of the place, from whence the Exigent issued.
III. If the outlawry happen to be before the Justices of Oyer and Terminer and those Justices be risen before he yield himself before them, in that case he shall do it in the King's Bench. And then the record thereof being removed thither by writ, a Scire facias shall issue to the Plaintiff to warn him to appear at a certain day, at which if the warning be duly executed, and the Plaintiff appear, then shall they plead upon the first original, as though no outlawry had been; but if he come not, the outlawed person shall be delivered by his Charter; and note that all such Charters are of the King's grace as before they have been.
IV. Stat. 5 E. 13. If any will defeat an Outlawry by reason of imprisonment testified by the Sheriff, or others having no record let the party yield himself to prison, and then the Justices shall cause the Plaintiff to appear at a certain day, at which day the averment of such outlawed person shall be received, and so also shall the King's Counsel or prosecutor have their averment against such restimony.
V. Stat. 18 E. 3 Stat. 1. Exigents are to be awarded against Receivers of the King's money or woll, which detain the same, and [Page 217]against such as transport wool not cocketed or customed, confederators and conspirators of quarrels, rioters, and such as bring in false money, if they cannot be found or brought in by attachment or distress, and not against any other.
VI. Stat. 18 E. 3. Stat. 2.5. No Exigent shall go forth against one indicted for trespass, unless it be against the Peace, or of the things contained in 18 E. 3. Stat. 1.
VII. Stat. 6 H. 8.4. In personal actions, if the defendant is sued in a County where he dwells not; and an Exigent awarded thereupon, no outlawry shall be had before a writ of Proclamation be also awarded, and returned by the Sheriff of the County, where the Defendant is or lately was dwelling, and if the Defendant dwell in the place where the King's Writ runneth not, it shall be directed to the Sheriff of the County next adjoyning thereunto.
VIII. By this Writ the Sheriff shall make three Proclamations at three several days, viz. twice in full County, and once at the general Sessions, that the defendant shall yield himself unto him; and it shall have the same day of return with the Exigent.
IX. This Writ shall be delivered of record to the Sheriff or his Deputy, who shall duly execute the same, in pain of amerciament, and the officer that makes the Exigent shall also make the writ of Proclamation, for which his fee is 6 d.
X. All outlawries otherwise obtained are null, and may be voided by averment without suing of any writ of errour.
XI. Stat. 1 E. 6.10. The Statute of 6 H. 8.4. shall be observed in Wales and in the County and City of Chester, as well as in other parts of the Realm of England.
XII. The Sheriff of Wales, and of Cheshire and Chester shall have Deputies in the King's Bench and Common Place, as other Sheriffs have, and upon like penalties.
XIII. All processes against any outlawed person in Wales shall be directed to the Sheriffs in Wales as immediate officers to the King's Bench and Common Pleas, and may be delivered of Record to their said Deputies in Court, and shall be duly executed and returned by those Sheriffs upon the pain above limited, who shall also for a false or non-return forfeit 5 l. to be divided betwixt the King and the prosecutor.
XIV. This Act shall not infringe any franchises and liberties in Wales, otherwise then by the true meaning thereof is provided: Nor yet of any Lord Marcher there, but that they and their heirs may injoy the same liberties as before.
[Page 218]XV. Stat. 5 & 6 E. 6.26. The like Statute is made for the County Palatine of Lancaster: save onely, that all processes against any outlawed person there, shall be first directed to the Chancellor of that Dutchey, who shall thereupon make like writs and processes to be sealed with that seal, and directed to the Sheriff of that County Palatine, as heretofore hath been used.
XVI. Stat. 31 El. 3. In every action personal where an exigent shall be awarded, a writ of proclamation shall be also awarded, and issue out of the same Court, of the same teste, and return with the exigent, and shall be delivered of Record and directed to the Sheriff of the County, where the defendant at the time of the exigent was dwelling, and shall contain the effect of the same Action.
XVII. The Sheriff shall thereupon make three Proclamations, viz. one in a full County, another at the Sessions, and the last (one moneth at least before Quinto exact. by vertue of the said exigent) at or near the Church or Chappel-door of the Parish where the defendant was dwelling at the time of awarding the same exigent, upon a Sunday after Divine service and Sermon, or (in case there be no Sermon) after Divine service: And if he dwell in no Parish, then in the Parish next adjoyning his place of abode; and all outlawries otherwise had shall be void.
XVIII. The officer for making the exigent and Proclamations, may take such fees for the same, as are limited by the Statute of 6 H. 8.4. and the Sheriff for making the Proclamation at the Churchdoor shall have 12 d.
XIX. In real actions after summons upon the land (14 days at least before the return thereof) Proclamation of the summons shall be made upon a Sunday in form aforesaid, in the Parish where the land lies, which Proclamation shall be returned with the name of the summoners.
XX. If the summons be not so proclaimed, no Grand cape shall be awarded, but an Alias and Pluries summons, until a summons and Proclamation be duly made according to this Act.
XXI. Before allowance of a writ of errour or reversing of an outlawry by plea or otherwise, the defendant in the original action shall put in bail, to appear and answer the Plaintiff, and also to satisfie the condemnation, if the Plaintiff begin his suit before the end of two terms next after the allowance of the said writ, or avoiding the Outlawry.

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☞ Extortion.

* I. West. 1 26. 3 E. 1. No Sheriff or other Officer of the King shall take any reward to do his office, but shall be paid by the King: and if they do so, he shall render the double, and be punished at the King's will.
II. West. 1.27. 3 E. 1. Clerks shall not commit extortion, in pain to lose the service of their Master for one year.
III. West. 1.29. 3 E. 1. Officers, Cryers of fee, and Marshals of Justices in Eyre shall not commit Extortion, in pain to render the treble, and to be otherwise punished at the King's will.
IV. Stat. 28 H. 6.5. Merchants being distrained or arrested by Officers of the Custom for undue charges and impositions, may have their general actions of trespass against such offenders, and shall in that case recover 40 l. dammages, if they pursue their actions within two moneths.
V. If they pursue them not within that time, any other may do it by Action of Trespass also, wherein they shall also recover 40 l. dammages, to be divided betwixt the King and such prosecutor.

Fairs and Markets.

I. THe Statute of Winchester, cap. 6. 13 E. 1. Fairs and Markets shall not be kept in Church-yards.
II. Stat. 2 E. 3.15. No person shall keep a Fair longer then he ought to do, in pain to have it seized into the King's hand, until he have made fine for so doing.
III. Every Lord at the beginning of his Fair shall cry and publish how long it shall indure, in pain to be grievously punished.
IV. Stat. 5 E. 3.5. Merchants after the Fair ended shall close their shops, and sell no ware then after, in pain to forfeit to the King the double value of the ware so sold, whereof the prosecutor shall have a fourth part.
V. Stat. 27 H. 6.5. Fairs and Markets shall not be kept upon Ascention day, Corpus Christi, Whitsunday, Trinity-sunday, the Assumption of the Virgin Mary, All-saints, Good-friday, nor any Sundays [Page 220](the four Sundays in Harvest onely excepted) in pain to forfeit the wares so shewed to the Lord of the Franchise there.
VI. Howbeit they may be kept within 3 days next before or after the said days, Proclamation thereof being made before-hand, which is to be certified without fine or fee to the King. And such as have by special grant sufficient days before or after the said Feast, may keep them their full number.
VII. Stat. 17 E. 4.2. No Steward of a Pipowder's Court shall hold plea upon any Action, unless the Plaintiff or his Attorney in the presence of the defendant do first swear, that the matter of the Declaration was done within the jurisdiction and time of the Fair. And yet the defendant may nevertheless profer an issue against such oath: and if it be tried, or the Plaintiff or his Attorney refuse to swear, the defendant shall be discharged.
VIII. If any such Steward do contrary to this Act, he shall forfeit five pounds, to be divided betwixt the King and the prosecutor.
IX. This Act shall not prejudice the liberties of the Bishop of Duresm.
X. Stat. 1 R. 3.6. The Statute of 17 E. 4.2. is made perpetual.
XI. Stat. 3 H. 7.9. Upon an Ordinance made by the City of London, to prohibit Citizens to carry their wares, to Fairs and Markets out of the City, this Act gives them liberty, and makes that Ordinance void, and none shall trouble any Citizen for so doing, in pain of 40 l. to be divided betwixt the King and the prosecutor.
* XII. Stat. 2.3 P. M. 7. Every owner of a Fair or Market shall appoint a Toll-taker, (where Toll is taken) or a Book-keeper where no Toll is paid) to sit there from ten of the clock in the fore-noon till Sun-set, in pain of 40 s. for every default.
XIII. The Toll-taker or Book-keeper shall (within one day after) deliver unto the said owner, a note of all the Horses sold there that day, in pain of 40 s. which note the owner shall subscribe, in like pain of 40 s.
XIV. Sale of a stoln Horse in a Fair or Market without entry in the Book, as aforesaid, and without staying there in open view by the space of an hour, at least, betwixt 10 of the clock and Sun-set shall not alter the property of the right owner; but that he may by vertue of this Act, seize or replevy him, wheresoever he finds him.
XV. ☞ Justices of Peace in Sessions have power to hear & determine [Page 221]the breach of this Statute; and the forfeitures shall be divided betwixt the King and Queen's Majesties and the Prosecutor.
XVI. Where no Toll is due, the Book-keeper's fee for entring every contract is 1 d. and no more.
XVII. Stat. 31 El. 12. Every seller or exchanger of an horse in a Fair or Market, which being unknown to the Toll-taker or Book-keeper, doth not procure one credible person, that is well known unto him, to vouch the sale of the same horse; also every false voucher, and the Toll-taker or Book-keeper that suffers such sale or exchange to pass, shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor. And besides, the sale of such horse shall be void.
XVIII. The names of the buyer, seller and voucher, and the price of the horse shall be entred in the Toll-book, and a note thereof delivered to the buyer under the Toll-takers or Book-keepers hand, for which the buyer shall pay 2 d.
XIX. Justices of Peace in Sessions have power to hear and determine these offences.
XX. Notwithstanding such sale and voucher, as aforesaid, the right owner or his executors may redeem a stoln horse, if they claim him within six moneths after the Stealing at the Parish or Corporation where he shall find him, and make proof by two sufficient witnesses before the next Justice of Peace in the Country, or before the Head-officer of a Corporation, that the horse was his, and repay to the buyer such price for the horse, as the same buyer shall upon his own oath, before such Justice or Officer, testifie to have paid for him.
XXI. An accessary of an horse-stealer shall not have his Clergy.

False Judgment.

I. Marlbridge, 20. 52 H. 3. None but the King shall hold plea of false judgment.
II. Stat. 1 E. 3.4. If against a Record brought into the King's Court by writ of false judgment, the party alledgeth that the Record is otherwise then the Court did record the same, it shall be tried by those of the Countrey who were pesent when the Record was made, but if they appear not upon the Sheriff's return of them with others, it may be tryed by other good men of the Country.

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Fees.

I. West. 2.42. 13 E. 1. Several ancient fees of Marshals, Chamberlains, Porters of Justices in Eyre, and Serjeants bearing verge before the Justices at Westminster. See the Statute.
II. VVest. 2.44. 13 E. 1. Porters bearing verge before the Justices of the Bench in the Circuit shall take for keeping a Jury onely 10 d. for the Bills nothing: Upon a recovery without a Jury nothing, upon a Recovery against many by one writ 4 d. for homage done in the Bench they shall have their upper garment. Of great Assizes, Attaints, Juries, and Battel waged, the fee is 12 d. For the pleas of the Crown, the fee is 12 d. the dozen. For every prisoner delivered 4 d. The Chirographer's fee is 4 s. The Clerk's fee for writing Originals is for every writ 1 d. See the Statute.

Feoffments.

I. Stat. 1 R. 2.9. Every gift of Feoffment of Lands made by fraud or maintenance shall be void; and the disseisee (notwithstanding such alienation) shall recover against the first disseisor both his land and double dammages; provided he commence his suit within a year after the disseisin, and that such feoffor be then Pernor of the profits.
II. Stat. 4 H. 4.7. The disseisee shall have his action against the first disseisor, during the life of the same disseisor, so as such disseisor be also Pernor of the profits at the time of such suit commenced, but as to other Writs in plea of Land, the Demandant shall commence his suit within the year against him that is Tenant of the free-hold, as the time of the Action accrued to him, so as such tenant be also Pernor of the profits at the time of such suit commenced; notwithstanding the Statute of 1 R. 2.9.
III. Stat. 11 H. 6.3. In all writs grounded upon Novel disseisin, Disseisees may have recoveries against the disseisors of their feoffees, as well as in Assize of Novel disseisin, so as such disseisors or their feoffees, against whom the writ is brought, be Pernors of the profits at the time of the Writ purchased, notwithstanding any gifts or feoffments made to other persons to delay the demandants.

[Page 223]

☞ Felony.

I. West. 1.12. 3 E. 1. Notorious felons which refuse lawful trial shall suffer strong and hard imprisonment.
II. Stat. Of breaking prison 1 E. 2. it shall be selony for any person to break prison, being in for felony, otherwise not.
III. Stat. 5 H. 4.4. It is felony to multiply gold or silver.
IV. Stat. 5 H. 4.5. It is felony maliciously to cut out the tongue or put out the eys of any of the King's Subjects.
V. Stat. 1 H. 7.7. If any shall hunt within Forrests, Parks, or Warrens in the night-time or disguised, one of the King's Council or a Justice of Peace to whom information thereof shall be made, shall by his warrant cause the offendor to be brought before himself, or some other Councellor or Justice of Peace to be examined, where if he conceal the fact such hunting shall be deemed felony, but being confessed, the offence is onely finable at the next general Sessions. And here a rescuouse of the execution of any such warrant shall be also deemed felony.
VI. Stat. 3 H. 7.2. It is felony to carry away a woman, wife, widow or maid, against her. will, having lands or goods, or being heir apparent to her Ancestors: And the procurors, abettors and receivers in such an offence shall be also deemed principal felons: Howbeit this shall not extend to any that takes a woman, claiming her as his ward or bond-woman.
VII. Stat. 3 H. 7.14. It is felony for any of the King's servants sworn, to conspire the destroying of the King, any Lord Privy-Councellor sworn, Steward, Treasurer or Controller of the King's houshold, being thereof convicted by 12 of the said Houshold before the said Steward, Treasurer and Controller, or two of them, who have power to determine the matter according to law.
VIII. Stat. 21 H. 8.7. Servants that go away with or otherwise embezil their masters or mistresses goods to the value of 40 s. worth, with an intent to steal them (being put in trust therewith) shall be punished as felons: To continue till the next Parliament, But see the Statute.
IX. Stat. 22. H. 8.11. It shall be felony to break down Powdike in Marshland in Norfolk, or Olafield Dike by Marshland, in the Isle of Ely.
X. Justices of Peace there have power to hear and determine the said offence.
XI. Stat. 25 H. 8.6. Euggery is made felony, and the [Page 224]offender therein shall not have his Clergy.
XII. Justices of Peace have power to inquire of, hear and determine this offence.
XIII. This Statute was but to continue till the next Parliament, Vide infrā.
XIV. Stat. 1 E. 6.12. Wilful killing, by poysoning shall be adjudged Murther, and their Aiders, Abettors, Procurers, and Counsellors shall suffer death and forfeit, as in cases of wilful Murther.
XV. All offences made felony by Statutes since 23 April, 1 H. 8. not being felony before are repealed: Howbeit divers of them are revived by other Statutes made since that time.
XVI. Stat. 1 M. Sess. 1. All offences made felony, or within the case of Praemunire by any Act since the first day of 1 H. 8. (not being felony, or within the case of Praemunire, before) and every branch of such Acts concerning the making of any offence felony, or within the case of Praemunire, (not being so before) and all pains and forfeitures concerning the same are repealed and made void: But diverse of those Acts have been since revived, which see in their proper places.
XVII. Stat. 5 El. 10. The Statute of 21 H. 8.7. is revived and made perpetual.
VIII. Stat. 5 El. 17. The Statute of 21 H. 8.6. is revived and made perpetual.
XIX. Stat. 43 El. 13. In the Counties of Cumberland, Northumberland, Westmerland, and the Bishoprick of Duresm, the carrying away or detaining of any person against his or her will, the assenting or ayding to any such taking or detaining, the receiving or carrying of Black Mail, the giving of Black Mail for protection or the burning of Barns, or Stacks of Grain, shall be adjudged felony without Clergy, which the Justces of Assize, Gaol-delivery and Peace, have power to hear and determine.
XX. The names of persons outlawed there for felony shall be delivered by the Clerks of the Peace, to all Sheriffs, Mayors, and other head officers to be proclamed throwout all the said Counties: and with them none shall have converse, in pain to suffer 6 moneths imprisonment and not to be inlarged, till surety be given for the good behaviour, during one whole year after such imprisonment.
XXI. Justices of Assize, Gaol delivery, Oyer and Terminer, and of Peace, have power to punish the negligence of officers in this behalf.
XXII. This Act shall not impeach the authoriy of the Lord Wardens of Marches.
[Page 225]XXIII. Stat. 21 Jac. 26. It is felony without benefit of Clergy, to acknowledge or procure to be acknowledged, any Fine, Recovery, Deed enrolled, Statute, Recognizance, Bail, or Judgment in the name of any person not privy or consenting thereunto; Howbeit this offence shall not corrupt the bloud, nor take away dower; neither shall it extend to judgment acknowledged by an Attorney of record for another person.

Fens, See Marshes.

☞ Fesants and Partridges.

* I. Stat. 11 H. 7.17. None shall take Fesants or Partridges with engines in another's ground without licence, in pain of 10 l. to be divided betwixt the owner of the ground and the prosecutor.
II. None shall take out of the nest any eggs of Faulcon, Goshawk, Lanner or Swan, in pain of a year and a days imprisonment, and to incur a fine at the King's pleasure, to be divided betwixt the King and the owner of the ground, where the eggs shall be so taken.
III. None shall bear any Hawk of English breed called an Eyesse, Goshawk, Tassel, Lanner, Lanneret or Faulcon, in pain to forfeit the same to the King.
IV. He that brings an Eyesse Hawk from beyond the Sea, shall have a Certificate under the Customer's Seal where he lands, or if out of Scotland, then under the Seal of the Lord Warden or his Lieutenant, testifying that she is a ferein Hawk, upon the like pain of forfeiting the Hawk.
V. None shall take, kill, or fear away any of the hawks abovesaid from the Coverts, where they use to breed, in pain of 10 l. to be recovered before Justices of Peace, and divided betwixt the King and the prosecutor.
* ☞ VI. Stat. 23 El. 10. None shall kill or take any Feasants or Partridges with any Net or Engine in the night-time, in pain to forfeit for every Fesant 20 s. and for every Partridge 10 s. which if the offender pay not within 10 days, he shall suffer one moneths imprisonment without bail, and enter into bond (for two years onely) with good sureties before some Justices of Peace not to offend in the like kind.
VII. The forfeiture aforesaid shall be recovered in any Court of Record, and divided betwixt the Lord of the Liberty or Mannor, [Page 226]where the offence is committed, and the Prosecutor; but in case the Lord shall dispence with the offender, the poor of the Parish are to have his moiety to be recovered by any of the Churchwardens.
VIII. None shall hawk or hunt with his Spaniels in standing grain, or before it is stocked (except in his own ground or with the owners consent) in pain to forfeit 40 s. to the owner of the said ground to be recovered as aforesaid.
IX. Justices of Assize, Justices of Peace in Sessions, and (afterwards) Stewards in Leets have power to hear and determine these offences, and one Justice of Peace may examine such an offender, and bind him over with good sureties to answer it at the next general Sessions, if the offence be not before determined at the Assizes or in a Leet.
X. This Act shall not restrain Fowlers, which unwillingly take Fesants or Partridges, and forthwith let them [...]o atlarge.
* XI. Stat. 1 Jac. 27. Every person convicted by his own confession, or by two witnesses upon oath, before two or more Justices of Peace to have killed or taken any Fesant, Partridge, Pigeon, Duck, Heron, Hare, or other game, or to have taken or destroyed the eggs of Fesants, Partridges or Swans, shall by the said Justices be committed to Prison without bail, unless he immediately pay to the use of the poor, where the offence was committed, or be apprehended 20 s. for every Fowl, Hare or Egg so killed, taken or destroyed; ☞ and after one moneth's commitment shall before two or more Justices of Peace be bound with two sufficient sureties in 20 l. a piece, with condition never to offend in the like kind again.
XII. Every person convicted, as abovesaid, to keep a Grey-hound, Dog, or Net to kill or take Deer, Hare, Fesant or Partride, (unless he have inheritance of 10 l. per annum, a lease for life of 30 l. per annum, or be worth 200 l. in goods or otherwise be the son of a Baron or Knight, or heir apparent of an Esquire) shall suffer imprisonment, as aforesaid, unless he pay 40 s. to the use abovesaid.
XIII. None shail sell or buy to sell again any Deer, Hare, Fesant or Partridge (except Fesants or Partridges by them reared up or brought from beyond Sea, in pain to forfeit for every Deer 40 s. Hare 10 s. Fesant 20 s. and Partridge 10 s. to be divided betwixt the prosecutor and the poor of the Parish where the offence is committed.
XIV. Justices of Assize, Justices of Peace in Sessions, and two [Page 227]or more Justices of Peace out of Sessions have power to hear and determine these offences.
XV. None shall by any former law suffer punishment for the same offences, for which he shall be punished by this Law.
XVI. This Act shall not restrain one licensed in open Sessions to kill Hawk's meat; but then he shall there become bound by recognizance in 20 l. not to kill any of the games prohibited by this law, nor to shoot within 600 paces of an Hearnry, within 100 paces of a Pigeon-house, or in a Park, Forrest or Chase, whereof his Master is not owner or keeper: and the Clerk of the Peace his fee for such a license is 12 d.
* XVII. Stat. 7 Jac. 11. Every person convicted by his own confession, or by two witnesses upon oath before two or more Justices of Peace to have hawked at or destroyed any Fesant or Partridge betwixt the first of July and the last of August, shall suffer one moneths imprisonment without bail, unless he forthwith pay to the use of the poor where the offence was committed, or be apprehended 40 s. for every time so hawking, and 20 s. for every Fesant or Partridge so destroyed or taken.
XVIII. He that shall be punished by this Law, shall not be punished again by any other law for the same offence.
XIX. This offence shall be prosecuted within six moneths after it shall be committed.
XX. It shall be lawful for the Lord of a Mannor or any having free Warren, inheritance of 40 l. per annum, free-hold of 80 l. per annum, or goods worth 400 l. or their servants (licensed by them) to take Fesants or Partridges within their own grounds or Precinct: so they do it in the day time, and onely betwixt Michaclmas and Christmas.
☞ XXI. If any of a mean condition shall be convicted by his own confession, or by one witness upon oath before two or more Justices of Peace to have killed or taken any Fesant or Partridge, with dogs, nets, or engines, he shall by the said Justices be committed to prison without bail, unless he forthwith pay to the use of the poor where the offence was committed, 20 s. for every Fesant or Partridge so killed or taken: and also become bound before one or more Justices of Peace in a recognizance of 20 l. never to offend in the like kind again.
XXII. Every Constable or Headborough (upon a warrant under the hands of two or more Justices of Peace) hath power to search the houses of persons suspected to have any setting dogs or nets for the taking of Fesants or Partridges, and the dogs or nets there [Page 228]found to kill and cut in pieces, at pleasure, as things forfeited unto the said officers.

☞ Fighting and Quarrelling.

* I. Stat. 5.6 E. 6.4. None shall use any chiding words in the Church or Church-yard, in pain of suspension for so long time, as the Ordinary shall think fit, viz. of a Lay-man ab ingressu Ecclesiae, and of a Clerk, à Ministerio officii.
II. He that shall there smite or lay violent hands upon any one is thereby excommunicated ipso facto.
III. He that is convicted of striking with a weapon there (or of drawing it with an intent to strike) before Justices of Assize, of Oyer and Terminer, or of Peace in Sessions by verdict, his own confession, or two lawful witnesses, shall by judgment of the said Justices have one of his ears cut off, and in case he wants ears, shall be burned upon the cheek with the letter F. and shall stand excommunicate ipso facto.

Fines.

I. Stat. de sinibus, 18 E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices, the pleader shall say, Sir Justice, Conge de accorder, Then the Justice, shall say, What saith Sir R? And when the King's fine is agreed for, and the peace cried, the Pleader shall declare the substance of the fine.
II. A final concord cannot be levied in the King's Court without writ original before four Justices in the Bench, or in Eyre, and it must also be in the presence of the parties, who ought to be of full age, of good memory, and out of prison; and if a feme covert be one, she must be examined by four of the said Justices, and if she consent not, the fine cannot be levied.
III. The reason of such solemnity in the taking of a fine, is, because it bars all persons, of full age, out of prison, of good memoand within the four Seas, the day of the fine levied, if they make not their claim of their Action within a year and a day by the Countrey.
IV. Stat. De finibus levatis, 27 E. 1. Stat. 1. It shall be no good exception to a fine, that before or at the time of the fine levied, the demand of his ancestors were seized of the land contained in the fine, or of some part thereof.
V. Fines shall be openly read at two certain days in the week by [Page 229]the discretion of the Justices, and in the mean time all Pleas shall cease.
VI. The Statute of Carlile, 15 E. 2. In Pleas of Warrantia Chartae covenant or other, whereupon fines are to be levied before the Justices of the Bench, as well the demandants as tenants (before such fines pass) shall appear personally, to the end their age, idiocy, and other defects (if any be) may be discerned.
VII. If the party be not able to come before the Justices in the Court, then two or one of them (by the assent of the rest) shall go to the party and receive his Cognizance: and if but one go, he shall take with him an Abbot, Prior, or Knight being of good fame and credit.
VIII. The Commissioners that take the Cognizance, shall make certificate thereof to the Justices, to the end the fine may be lawfully levied according to the former Ordinance.
IX. Neither the Barons of the Exchequer, nor the Justices shall admit any Attorneys save onely in Pleas, that pass before them, neither shall any of their Clerks or servants so do, and every admission otherwise shall be void.
X. The authority of the Chancellor and of the chief Justices for admitting Attorneys (as hath been heretofore observed) is saved.
XI. Stat. 3 E. 34.16. The plea of Non claim of fines shall be no bar hereafter.
XII. Stat. 38 E. 3. Stat. 1.3. Fines taken before the Justices shall be in the presence of the pledges, who shall know the summ of their fine, before they depart.
XIII. Stat. 5 H. 4.14. To prevent the dammages that may happen by the embeziling of the feet and notes of fines, all writs of Covenant, and other writs whereupon fines are levied, togethér with the Dedimus potestatem, (if any be) and all knowledges and notes of the same, before they be drawn out of the Common Bench by the Chirographer, shall be recorded in a Roll, to remain with the chief Clerk of that Court for the old fee of 22 pence usually paid to him for entring the Concord, to the end that (in case any notes or fines be embeziled) the party may have recourse to the said Roll, to have execution thereof.
XIV. Stat. 1 R. 3.7. A fine shall (after the ingrossing thereof) be openly read and proclaimed in the Common Pleas, the same term, and there the three next terms after upon four several days, and in the mean time all the Pleas shall cease.
XV. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth, to be there also proclaimed at every Assize holden there that year, & then also all Pleas shall cease.
[Page 230]XVI. Another transcript thereof shall be also sent to the Justices of Peace of the same County, to be in like sort proclaimed at their four Sessions holden that year: and both the Justices of Assize and Peace shall make Certificate of such Proclamation made, the second return of the term then next following.
XVII. A fine so proclaimed and certified shall conclude all persons, both Privies and Strangers (except women covert other then such women as the parties to the fine, persons under age, in prison, out of the Realm, or not of sound mind) if they pusue not their right, title, claim, or interest by way of action or lawful entry within five years after the proclamation so made and certified, as aforesaid.
XVIII. The right of Strangers, which happens to come unto them after the fine is ingrossed, is saved; so that they lawfully pursue their right or title within five years after it so comes to them, and here, an Action against the pernor of the profits is maintainable.
XIX. If the parties to whom such right or title comes, be covert, under Age, in prison, out of the Land, or not of sane memory, they or their heirs have time to pursue their right or title within five years after such imperfections removed; so also have they in case they had right of title at the time of the fine levied.
XX. Fines at the Common Law have the same force they had before, and a fine may be levied according to this Statute; or the Common-Law, at the election of the parties.
XXI. Stat. 4 H. 7.24. Every fine after the ingrossing shall be proclaimed in the Court the same term and the three next, four several days in every term, and in the mean time all Pleas shall cease.
XXII. The Proclamations being so made, the fine shall conclude all persons both privies and strangers, except women covert, persons under age, in prison, out of the Realm, or of non-sane memory, being not parties to the fine.
XXIII. The right and interest, that any person or persons (other then parties) hath or have at the time of the fine ingrossed, is saved, so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the Proclamations so made: so also is the right and interest saved, which accrues after the ingrossing of the fine, so that the parties having the same pursue it within 5 years after it so accrues, and in this case the Action may be brought against the Pernor of the prosits.
XIV. If at the time of the fine ingrossed, or of such accruer, as aforesaid, the persons be covert (and no parties to the fine) under [Page 231]age, in prison out of the Realm, or of non sane memory, they or their heirs have time to pursue their Actions within 5 years after such imperfection removed.
XXV. The exception, that none of the parties nor any to their use had any thing in the lands at the time of the fine levied, is saved to all persons, except parties and privies.
XXVI. Fines at the Common law have the same force they had before the making of this Act: and a fine may be levied this way, or at the Common law, at the pleasure of the parties.
XXVII. Stat. 32 H. 8.36. All fines levied by any person or persons of full age of lands intailed before the same fine, to themselves, or to any of their ancestors, in possession, reversion, remainder or use, shall immediately after the fine ingrossed and proclamations made be a sufficient bar against them and their heirs, claiming onely by such entail, and against all other claiming onely to their use, or to the use of any heir of their bodies.
XXVIII. Howbeit this Act shall not bar the interest of any persons accrued by reason of any fine levied by a woman, after her husbands death, contrary to the Statute of 11 H. 7.20.
XXIX. A fine levied by him, who is restrained by any express Act of Parliament so to do, shall be void, notwithstanding this Act.
XXX. This Act shall not extend to any fine heretofore levied of lands now in suit, or heretofore lawfully recovered in any Court by judgment or otherwise: nor to any fine of Lands intailed by the King's Letters Patents or any Act of Parliament, the reversion thereof at the time of such fine levied being in the King.
XXXI. Stat. 37 H. 8.19. Fines levied before the Justices Of Assize at Lancaster, or one of them, and openly read and proclaimed at the three several Sessions before the said Justices, or one of them of lands lying within that County Palatine, viz. upon three several days in the Sessions when the fine is ingrossed, and three other several days in each of the two Sessions then next following, shall be of like force as fines acknowledged before the Justices of the Common Pleas.
XXXII. Stat. 2. 3 E. 6.28. This Statute ordains all fines of lands within the County Palatine of Chester to be of like force with those of the Common Pleas, being proclaimed before the high Justice there or his Deputy, in like sort as those of Lancaster are proclaimed.
XXXIII. Stat. 1 M. Parl. 1.7. All fines whereupon Proclamations are not duly made (by reason of the adjournment of any [Page 232]term by Writ) shall be good as if that term had been holden from the beginning to the end; and Proclamations therein made, according to the Statute 4 H. 7.24.
XXXIV. This Act shall not extend to any fine heretofore levied of lands now in suit, or heretofore lawfully recovered by judgment or otherwise.
XXXV. Stat. 35 El. 2. Fines in the Common Pleas shall be proclaimed four times onely, viz. once in the Term wherein the fine is ingrossed, and once in each of the three Terms then next following.

☞ Fines to the King.

I. Magna Chart. 26. 9 H. 3. Nothing shall be given for a Writ of Inquisition, nor taken of him that prayeth Inquisition of life or member; but it shall be granted freely and not denied.

First-fruits and Tenths.

I. Stat. 26 H. 8.3. The first-fruits and profits for one year of every spiritual living is granted to the King, which every spiritual person shall pay or secure by bond before his actual possession of his Benefice.
II. Search for the value of Benefices and composition for the First-fruits thereof shall be made by the Lord Chancellor, Master of the Rolls, and other Commissioners to be appointed by the King for that purpose, and the money and securities taken upon such Compositions, made before the Chancellor and Master of the Rolls only, shall be paid and delivered unto the Clerk of the Hanaper, for which he shall render account, as he useth to do for other profits of the Great Seal, but being made before other Commissioners shall be paid and delivered unto the Treasurer of the King's Chamber, or such other person or persons as the King shall authorize under the Great Seal for that purpose to receive the same.
III. Acquittances for the receit of any money paid for Firstfruits under the hands of the Clerk of the Hanaper, Treasurer of the King's Chamber, and the Commissioners, or any of them shall be a sufficient discharge for the same in any of the King's Courts.
IV. An obligation for First-fruits shall be of like force as a Statute-staple, and no more shall be so taken for such an Obligation then 8 d. and 4 d. for an Acquittance.
[Page 233]V. The Commissioners shall every six moneths deliver by Indenture unto the Treasurer, or other person or persons authorized, as aforesaid, such money and specialties as they shall receive; and in case they do not, or do conceal them, they shall forfeit their office, and be fined at the King's pleasure.
VI. If any be convicted by presentment, verdict, confession, or witness before the Lord Chancellor or other Commissioners to have entred upon any spiritual living before payment or composition made, as aforesaid, he shall forfeit the double value of the Firstfruits.
VII. All First-fruits heretofore payable to other persons shall be from henceforth paid to the King.
VIII. Provided, that Bishops may give institution and induction, Notwithstanding this Act.
IX. A rent of pension out of every spiritual living (amounting to the tenth part of the annual value thereof) shall be yearly paid unto the King at Christmas, and the Collector thereof shall pay them in yearly befor the first of April.
X. The Lord Chancellor shall appoint Commissioners in every Diocess for the Discovery of the yearly value of every spiritual living there, and to make Certificate thereof, as also of such deductions as are to be made out of the same, which Commissoners shall be aforehand sworn by Dedimus potestatem, duely to execute their Commmissions.
XI. Every spiritual person shall be charged for his tenth in the Diocess where he is, albeit their possessions ly elsewhere.
XII. Bishops shall be charged with the Collection of all the tenths within their respective Diocesses, and shall make payment thereof yearly before the first of April, unto the Treasurer of the King's Chamber, or other person authorized to receive the same, and upon non-payment thereof process shall issue out of the Exchequer against them.
XIII. Bishops shall have power to levy the Tenths by Censures of the Church, distress, or otherwise; and no replevin, prohibition, supersedeas, or other writ or impediment shall be allowed to hinder the same.
XIV. During the vacation of a Bishoprick the Dean and Chapiter shall be charge therewith.
XV. If tenths (being due) shall not be paid within 40 days after demand thereof made by the Bishop or his officers, the Incumbent so making default (after certificate thereof into the Exchequer under the Seal of the Bishop) shall be adjudged deprived ipso facto of all such Benefices as he hath at the time of such certificate made, or [Page 234]at any time after; and the Benfice or Benefices which he so hath shall be adjudged void, as if he were dead.
XVI. The Bishop making such certificate shall be discharged of so much as is certified to be unpaid, for the recovery whereof process shall issue out of the Exchequer against the Incumbent, his Executors or Administrators, or (rather then the King should lose it) against his successor.
XVII. The Acquittances of the Treasurer of the King's Chamber, or other Commissioners authorized to receive the tenth, and all such certificates, as aforesaid, shall be allowed in all Courts without further warrant.
XVIII. No Officer of the Exchequer shall take any thing of the Bishop or his Collector, for his Account or Quietus est, in pain to lose office, and to be fined at the King's will.
XIX. They which pay pensions to others out of their spiritual livings may retain the tenth part thereof, and shall be therein protected by plea upon this Act.
XX. No pension shall be reserved upon the resignation of a Benefice above the value of the third part thereof.
XXI. They who in one Corporation aggregate of many, have several and distinct possessions, belonging to their respective dignities shall only pay for their own possessions, and not for those of others.
XXII. No First-fruits shall be paid for a Benefice being not above the yearly value of 8 marks, except the Incumbent live three years after his Induction or Collation thereunto, and there shall be an exception inserted in the Obligation, that in case he live not out those three years, the Obligation shall be void; but if he outlive them, the First-fruits shall be paid by him, his Executors or Administrators.
XXIII. Fees payable by any Bishop or other Prelate for temporal Justice shall be defalked out of the valuation of their several dignities.
XXIV. Stat. 26 H. 8.17. Farmers of spiritual persons shall not be compelled to pay First-fruits or Tenths for their lessors.
XXV. Stat. 27 H. 8.8. Every spiritual person at his entry into specialty for the payment of his First-fruits shall have deduction of the tenth part thereof, in respect of the tenth which shall be by him payable that year.
XXVI. Where the last incumbent leaves the tenth unpaid, the successor may distrain the said incumbents goods found upon the Benefice, and keep them until the Incumbent (if living) or if dead) his Executors, Administrators, or other owner of the said [Page 235]goods shall satifie the arrears; which if not done within 12 days, the goods may be appraised upon oath, and sold for the satisfying thereof together with reasonable costs, and in case there be no distress, the successor may prosecute the Incumbent (if living) or (if dead) his executors, administrators, or other owner of his goods by bill in Chancery, or Action of debt for the recovery of the same.
XXVII. Stat. 32 H. 8.22. If a Bishop or any of his Deputies will make oath, that they cannot levy a tenth, they shall be discharged thereof upon their account in the Exchequer, which Court shall also have power to examine the truth thereof by witnesses, or otherwise; and also to issue out Commissions, and to receive Certificates for that purpose.
XXVIII. If it be certified into the Exchequer by Commission or otherwise, that any spiritual promotion is omitted out of the original Certificate of tenths, which ought to have been there inserted; that Court shall have power to enter it into the said original Record, to the end it may be from thenceforth chargeable therewith.
XXIX. Stat. 32 H. 8.47. The Bishop of Norwich; and his successors shall collect the tenths of all spiritual promotions within his Diocess notwithstanding the Statute of 27 H. 8. (not printed) which did exempt them from the collection thereof.
XXX. Stat. 34 & 35 H. 8.17. The tenths and pensions reserved upon the patents of the five new Bishops of Chester, Glocester, Peterborough, Bristol and Oxford, shall be paid in the Court of the firstfruits and tenths, and not elsewhere: But note that Court was afterwards annexed to the Exchequer by divers Acts of Parliament, and Patents of H. 8. and Qu. Mary. See Courts.
XXXI. Stat. 2 & 3 E. 6.20. The penalty for default of payment of tenths shall be the forfeiture of that onely Benefice, out of which the same is due, notwithstanding the Statute of 26 H. 8.3.
XXXII. Stat. 7 E. 6.4. The Collectors of tenths shall before Midsummer next give good security to save the Bishop harmless against the King.
XXXIII. The Bishop shall have the last day of May for the payment of tenths, and for making Certificates for such as have refused to pay them, notwithstanding the Stat. of 26 H. 8.3.
XXXIV. If a Benifice be void, so that [...] can be there received, the Bishop (upon certificate) shall [...] [...]ischarged thereof; and then the King shall have it levied upon the Glebe by way of seisure.
XXXV. The Patent of a Collector of tenths shall be good no longer then during the continuance of the Grantor in the See.
XXXVI. Stat. 1 El. 4. The First-fruits and tenths restored to [Page 236]the Crown; the Statutes prescribing the grant and order of them re-continued; the Statute of 2 & 3 of P & M. 4. (by which they were taken away) repealed: and they shall from henceforth be within the Survey of the Court of Exchequer.
XXXVII. All Advowsons of Vicarages incident to any of the Queen's impropriations shall be resetled in her, notwithstanding any Act done by Cardinal Pool, or grant made by Queen Mary; saving unto all persons (except such unto whom such grants have been made) their right and interest into or out of such Impropriations.
XXXVIII. Pensions and all other yearly payments shall be paid, as before the Act of 2 & 3 P. & M.
XXXIX. All persons in arrear for those duties shall now be answerable for them to the Queen.
XL. Vicarages of 10 l. per annum, and Parsonages of 10 marks per annum, or under shall not be chargeable with First-fruits.
XLI. If an Incumbent continue-in the Benefice half a year after the last avoidance, and dy, or be legally outed before the end of the year, he, his executors, administrators or sureties shall onely pay a 4^th part of the First-fruits: if he live out the year, and dy, or be outed within 6 moneths after the year, only half the First-fruits shall be paid: and if he live out the year and half, and dy, or be outed within one year only, the quarter thereof shall be paid.
XLII. Discharge of First-fruits and tenths heretofore granted by any of the Queens predecessors to the Universities or the Colledges in them, or to those of Eaton and Winchester shall remain good, notwithstanding this Act: also the Dean and Cannons of Winsor shall be from henceforth discharged thereof.
XLIII. All grants of Impropriations belonging to the Arch-diaconry of Wells shall remain good, notwithstanding this Act; yet the said Arch-diaconry and all spiritual promotions assigned to it shall from henceforth pay First-fruits and tenths.
XLIV. All Impropriations and other profits or emoluments Ecclesiastical, which were formerly within the survey of the Dutchey Court of Lancaster, shall be re-continued, notwithstanding this Act, or that of 2 & 3 of P. & M.
XLV. The reve [...] [...] of Hospitals and Schools shall not be charged with the pay [...] of First-fruits or tenths, notwithstanding this Act.

[Page 237]

☞ Fish, Fishers, and Fishing.

* I. West. 2.17. 13 E. 1. None shall take Salmons betwixt the 8 of September, and the 11 of November, nor young Salmon with nets or other Engines at Mil-pools betwixt the midst of April and the 24 of June, in pain of having their nets and engines burnt for the first offence; for the second, to suffer a quarter of a years imprisonment; for the third, a years imprisonment, and after to have their punishment increased according to the trespass: And in places where fresh waters be, overseers of this Statute shall be assigned and sworn to inquire of the offenders.
II. Stat. 31 E. 3. Stat. 2.1. No Hering shall be bought or sold in the Sea, before the Fishers be come into the Haven, and the cable of the Ship be drawn to the land.
III. Stat. 31 E. 3. Stat. 2.2. The order and time of bringing in and selling of Herings at the Fair of Great Yarmouth, and there the price of a last of Hering shall be 40 s.
IV. There shall be no forestalling of Herings, but they shall come freely unsold into the Haven.
V. No Riber shall buy any fresh Hering in Yarmouth Haven between the Feasts of S. Mich. and S. Martin, in pain of imprisonment at the King's will, and to forfeit the Hering so bought.
VI. No Piker of London, or of any other place shall enter into the Haven there to abate the Fair, in pain to forfeit the Vessel, and all the goods thereof.
VII. The Hostlers there shall be sworn before the Wardens of the Fair to treat their guests well, and shall have 40 d. for every last sold to others besides themselves, but for those sold to themselves they shall take nothing.
VIII. An hundred of Hering shall be 120, and a last ten thousand.
IX. Merchants shall sell a thousand of Herings according to the rate of the last; and those of Yarmouth, shall sell a last of red Hering bought for 40 s. for a Noble gain, and those of London for a Mark gain, (when they bring them thither from Yarmouth) and not above.
X. Two lasts of shotten Hering fresh shall be equal in price with one last of full Hering, and two lasts of shotten Hering red shall be sold a Mark dearer then a last of full red.
XI. The Pikers shall buy their Fish at Kirkley, or else where upon the Coast, but not to unfurnish the said Fair; for the residue shall be brought to the Fair; and none shall sell Hering within seven [Page 238]miles of Yarmouth, but within the three Towns thereof, unless it be Hering of their now Fishing.
XII. The Barons of the five Ports are to have the government of the Fair; and this ordinance for buying and selling of Hering shall be observed in all other Towns where hering is taken and old.
XIII. Stat. 31 E. 3. Stat. 2.3. The Chancellor and Treasure taking to them Justices and others of the King's Council shall ordain remedy touching the buying and selling of Stock-fish of St. Botulfe, Salmon of Barwick, Wines and Fish of Bristrute and elsewhere.
* XIV. Stat. 31 E. Stat. 3.1. Doggers and Land-ships of Blackney Haven, and the Coast thereabouts shall discharge their Fish in the same Haven, and not elsewhere, in pain of imprisonment at the King's will, and to forfeit their Fish, and it shall be sold on Ship-board.
XV. Stat. 31 E. 3. Stat. 3.2. The ordering and prizing of Dogger Fish and Loch-fish at Blackney Fair in Norfolk.
XVI. None but Masters of Ships and Marriners that exercise Fishing, shall buy nets or hooks in Norfolk to Fish withall.
XVII. Stat. 35 E. 3. All persons may buy Hering in the Fairtime at great Yarmouth openly, and not privily.
XVIII. No man shall enter into a bargain of Hering untill the first chapman hath done with it.
XIX. A Fisher may sell his hering at any time when he cometh with it.
XX. Stat. 13 R. 2.19. No Fisher shall use any Engine, by which the fry of Fish may be destroyed, upon the pains mentioned in the State of West. 2.47.
XXI. Salmons in Lancashire shall not be taken betwixt Michaelmas and Candlemas.
XXII. Conservators shall be sworn to see this Statute observed and the offenders punished.
XXIII. Stat. 17 R. 2.9. Justices of Peace shall be Conservators of the Statutes of West. 2.47. & 13 R. 2.19. and shall have power to search all wares, least by their straitness the fry of Fish may be destroyed.
XXIV. Justices of Peace shall have power to appoint and swear under-Conservators, to hear and determine in Sessions offences of this kind, and to punish the offenders by imprisonment and fine, whereof the under-Conservators, which informes, is to have half.
XXV. The Mayor or Warden of London hath like power in [Page 239] Thames, from Stains to London, and in Medeway, as far as the Citizens grant extends.
* XXVI. Stat. 22 E. 4.2. None shall sell, or set to sale any Salmon by vessel before it be viewed, unless the But contain 84 gallons, the Barrel 42 gallons, and the half Barrel 21 gallons well packed, in pain to forfeit for every vessel 6 s. 8 d. And it shall not be sold or put to sale in any vessel, unless it be well packed, viz. the great Salmon by it self, without mingling any grills or brokenbellied Salmon therewith; and the small Fish (called grills) shall be packed by themselves without such mingling, in pain to forfeit for every vessel otherwise packed and set to sale 6 s. 8 d.
XXVII. None shall set any Hering to sale in vessel, [...] the Barrel contain 32 gallons, and the half Barrel and Firkin accordingly; They shall also be well packed, of one times racking, and saltting, and as good as well packed in the midst as at the ends, in pain to forfeit for every vessel wanting measure 3 s. 4 d. and as much for not being packed according to this Act.
XXVIII. None shall set to sale any Eels by vessel, unless the Barrel contain 42 gallons, and the other lesser measures accordingly; neither shall any mingle red, gall-beaten, starved or pulled Eels with good Eels, but pack the good Eels by themseives; nor put to sale any red Eels at all, in pain to forfeit for every vessel wanting measure 10 s. and as much for every vessel mixed, packed, or set to sale contrary to this Act.
XXIX. None shall set to sale any Barrelled Fish, unless it be well packed, viz. the great Fish (called Tail-Fish, containing in length from the bone in the fin to the third joint in the tail 26 inches) by themselves, and the lesser Fish (called grils) by themselves, without mixing thukes, or broken-bellied Fish therewith; neither shall the said Fish be laid double in the packing, nor the napes thereof longer then the little bone that resteth upon the great fin. And the bone shall be taken away to the navel of every such Fish, which shall also be splatted within a handful of the tail, in pain to forfeit for every Barrel of Fish otherwise ordered 3 s. 4 d.
XXX. Head-officers of Corporations, Burroughs, Market-Towns, and other places shall appoint discreet persons to search and gauge vessels of Fish for the prevention of the aforesaid deceits.
XXXI. The forfeitures of this Act shall be divided betwixt the King and the prosecutor. Howbeit, within a Franchise the Lord of the Liberty shall have the King's part.
XXXII. Stat. 11 H. 7.23. The Statute of 22 E. 4.2. is confirmed, and the Gauger, Searcher, and Packers fee appointed, viz. for [Page 240]Gauging of every vessel of Fish a farthing, for searching and packing (if need be) of a Barrel of Salmon 1 d. for boning, napping, and packing a Barrel of Fish (if need be) 1 d. for searching and packing a Barrel of Hering 2 d. and as much for Eels; and so ratably for lesser measures of Hering and Eels.
XXXIII. The Gauger, Searcher, or Packer shall take no more, and that onely when they execute their office, in pain to forfeit their office, and to suffer forty days imprisonment without bail
XXXIV. Stat. 31 H. 8.2. None shall Fish in any Pond, Stew, or Mot [...] the day time, without the owners concent, in pain of three Mon [...]s imprisonment, and to find sureties for their good behaviour. But this is altered by 5 El. 21. Vide infra.
* XXXV. Stat. 2. & 3 E. 6.6. No Officer of the Admiralty shall take any thing of any person that goes to trade for Fish into Island, New-found land, Ireland, or other places commodious for Fishing, for any licence to pass, or otherwise in respect of such voyage, in pain to forfeit for the first offence treble the summe or value of the reward so taken, to be divided betwixt the King and the party grieved, or other prosecutor: And for the second offence to lose his office, and to be fined at the King's will.
* XXXVI. Stat. 1 El. 17. None shall use any Net or Engine to destroy the spawn or frie of Fish, or take Salmons or Trouts out of season or Pikes shorter then 10 inches, Salmons then 16, Trouts then 8, and Barbels then 12: or shall use any engine to take Fish other then angle or a net, or Tramel of two inches and an half meshe, in pain to forfeit 20 s. the Fish so wrongfully taken, and the net or engine wrongfully used.
XXXVII. All persons having jurisdiction of Conservancy upon streams or waters, and Lords of Leets have power upon the oaths of twelve men to hear, and determine these offences, and shall have all the forfeitures which accrue thereupon.
XXXVIII. The Steward of a Leet shall give this Statute in charge to the Jury, in pain of 40 s. to be divided betwixt the Queen and the Informer.
XXXIX. Here if the Jury wilfully forbear to present offences of this kind, the Steward or Bayliff shall impanel another Jury to inquire of their default, which being found, the first Jury shall forfeit 20 s. apiece.
XL. Upon default of presentment in Leets within one year, Justices of Peace in Sessions, Justices of Oyer and Terminer, and Justices of Assize in Circuits have power to hear and determine the said offences.
[Page 241]XLI. This Act shall not restrain the taking of Smelts, Loches, Mineis, Bull-heads, Gudgeons, or Eels with Nets or Engines, formerly used, so that no other Fish be taken therwith; nor shall extend to abridge any former priviledge of conservancy lawfully enjoyed, or Fishing in Tweed, Uske, or Wye, or in waters set to farm by the Queen, so that the spawn or frie of Fish be not therein wilfully destroyed.
* XLII. Stat. 5 El. 21. None shall unlawfully break down Fishpond-heads, or Fish there without licence of the owner, or enter into any Charter-Park, Woods, or other grounds, and their kill or chase the Deer, or take any Hawks or Hawks eggs, in pain to suffer three moneths imprisonment, and to be bound with good sureties to the good behaviour for seven years after.
XLIII. The party grieved shall in Sessions, or elsewhere recover treble damages against the Delinquent, and upon satisfaction shall have liberty to procure his release of the behaviour.
☞ XLIV. Justices of Oyer and Terminer, Assize, Peace and Gaol-delivery in Sessions have power to hear and determine these offences.
XLV. Justices of Peace upon the offenders acknowledgment in Sessions, and satisfaction to the party grieved, shall have power to release the behaviour.
XLVI. Stat. 1 Jac. 23. In the Counties of Some. set, Devon, and Cornwall, it shall be lawful for Huors of Fish to go upon any man's ground near the Sea-coast to discover Fish, and for Fishermen to dry their seames and nets there, without danger of committing trespass.
* XLVII. Stat. 3. Jac. 12. None shall erect a Wear or Wears along the Sea-shore, or in any Haven or Creek, or within 5 miles of the mouth of any Haven or Creek, or shall willingly destroy the spawn or sry of Fish, in pain of 10 l. to be divided betwixt the King and the prosecutor; neither shall any Fish in any of the said places with any net of a less meshe then 3 inches and an half betwixt knot and knot (except for the taking of smoulds in Norfolk onely) or with a Canvas net or other engine, whereby the spawn or fry of Fish may be destroyed, in pain to forfeit the said net or engine, and 10 s. in money, to be divided betwixt the poor of the Parish and the prosecutor; and to be levied in Corporations by the Head-officers, ☞ and in other places by distress and sale of goods upon a warrant of a Justice of Peace directed unto the Constables and Church-wardens of the same Parish for that purpose.
XLVIII. Stat. 14 Car. 2. cap. 28. For encouragement of Fishing and preventing the disorder and abuses in draining nets and [Page 242]unlawful engins, It is enacted, That none shall in any year from the first of June till the last of November, take any Fish in the Sea, in Cornwall or Devon, with any trammel, driff-net, or stream-net or nets of that sort, unless it be at a league and halfs distance from the shore, on penalty of forfeiture of the nets or the value thereof and one moneths imprisonment without bail.
XLIX. None but Owners, Partners or Adventurers in the Craft of Fishery shall make any Pilchards or Fumathoes in casks to be sold or transported, except they openly buy them of the Owners or Adventurers in the Pilchard Craft, upon pain of forfeiture of the same, one half to the King and the other half to any such as shall sue for the same.
L. None shall hide or purloyn or carry away or sell any Pilchard Fish, out of any Net, Boats, or sellers, without allowance of the Owner, and major part of the company upon pain of treble damages to the party vronged, and being sent to the house of Correction for 3 moneths.
LI. Idle and suspicious persons shall not flock together about the Boats, Nets, or sellars of Pilchards catchers upon any the coast of Cornwall and Devon, having no business there, and being warned by the Company or Owners to be gone, upon every person refusing to depart upon complaint to any Justice of the Peace shall pay 5 s. to the poor of the parish where such offence shall be committed, or be set in the Stocks five houres.
LII. Stat. 15 Car. 2. cap 16. Stat. 3. An Act for regulating the Hering, and other Fishers and the Act at large.

☞ Flax and Hemp.

I. Stat. 33 H. 8.17. None shall water any Hemp or Flax in any River, Running-water, Stream, Brook, or common Pond, where beasts be used to be watered, but onely upon the ground, in pits ordained for that purpose, or in their own several Ponds, in pain of 20 s. to be divided betwixt the King and the party grieved, or other prosecutor.

Fools, Lunaticks, and Mad-men.

I. Prerog. Reg. 9. 17 E. 2. The King shall have the custody of the lands of natural fools, taking the profits thereof without wast and finding them necessaries, of whose fee soever the lands be holden, and after the death of such Idiots shall render them to the right heir; so that the lands shall not be sold, nor the heir disinherited.
[Page 243]II. Prerog. Reg. 10. 17 E. 2. The King shall provide, that the lands of Lunaticks be safely kept without waste; and they and their families (if they have any) shall be maintained with the profits thereof, and that the residue be kept for their use, and be delivered unto them, when they come to right minde; so that the Lands shall not be aliened, neither shall the King have any profit thereof to his own use; but if they die in such estate, the residue shall be distributed for their souls by the advice of the Ordinary.

☞ Forcible Entry.

* I. Stat. 5 R. 2.7. None shall enter into lands or tenements by force, in pain of imprisonment and ransom at the King's pleafure.
II. Stat. 15 R. 2.2. When forcible entry is made into lands or Church livings, one or more Justices of Peace taking sufficient power, and going to the place so kept by force, may commit the offender to the next Gaol, there to remain convict by the Justices Record, till he hath made fine and ransom to the King; And herein the Sheriff and all other shall be assistants, in pain of imprisonment and great fines making.
III. Stat. 8 H. 6.9. The Stat. of 15 R. 2.2. shall be duly put in execution both against forcible entry and against forcible detainer, although it were after Peaceable entry; and all this at the costs of the party grieved.
IV. When complaint of any such entry or detainer shall be made to any Justice or Justices of Peace, he or they by precept shall command the Sheriff to summon a sufficient Jury, and having by them made inquiry of the force committed, shall cause the tenements to be seized, and that as well in the absence as presence of the party offending: And here, the alienation of tenements (so entred into or detained by force) for maintenance shall be adjudged void.
V. If the Jurors make default, issues are to be set upon them by the Sheriffs thus, 20 s. upon the first Precept, 40 s. upon the second, 100 s. upon the third, and for every default after, the double.
VI. The Sheriff or Bailiff that shall neglect his duty herein, shall forfeit 20 l. to be recovered against him, as well before the Justices aforesaid, as before Justices of Assize by indictment or bill, and to be divided betwixt the King and the prosecutor.
VII. In an Assize of novel disseisin, or action of trespass against the party guilty of forcible entry, forcible detainer and alienation [Page 244]as aforesaid, the party grieved shall recover treble damages.
VIII. Head-officers and Justices of Peace of Corporations have like power within their Franchises that other Justices of Peace have within Counties.
IX. This Statute shall indamage none where peaceable possession hath been injoyed by the space of three years.
X. Stat. 31 El. 11. There shall be no restitution upon an indictment of forcible entry or detainer, where the Defendant hath been three years next before in quiet possesson, and his estate therein not ended.
XI. Stat. 21 Jac. 15. Upon force or detainer, as aforesaid, a Justice or Justices of Peace have power to give restitution of possession as well unto tenants for years, by Elegit, Statute-merchant, or Staple, Copiholders, or Guardians by Knights-service as unto those that claim free-hold or inheritance.

☞ Forests, Chases, Parks, and Warrens.

I. Charta forestae, Cap. 1. 9 H. 3. All Forests afforested by H. 2. shall be viewed by lawful men, and if he hath afforested any other Woods then his own in Demesne, whereby any is prejudiced, they shall be dis-afforested, saving Common of herbage, and other things within the Forest to such, as have been accustomed to injoy them.
II. Cap. 2. None dwelling out of the Forest shall come before the Justices of our Forest by common summons, unless they be impleaded there, or be sureties for others that are attached for the Forest.
III. Cap. 3. All woods made forest by R. 1. or King John shall be dis-afforested, unless they be our demesne woods.
IV. Cap. 4. All freeholders having woods in Forests shall enjoy them as they did in the Coronation of H. 2. acquitted of all purprestures, wasts, and asserts, made before the second year of the Coronation of H. 3. and they that make them hence forward shall be answerable to the King for the same.
V. Cap. 5. Rangers of the Forests shall exercise their offices as was used at the Coronation of H. 2. and not otherwise.
VI. Cap. 6. Lawing of Dogs shall be made in Forests from three years to three years by the view and testimony of lawful men, and not otherwise: and he that hath not his dog lawed shall be amercied 3 s. also no ox shall be taken for lawing of dogs, and it shall be done by the usual Assize, viz. that three claws of the forefoot be cut off by the skin: Howbeit, such lawing shall not be, [Page 245]but where it hath been used from the Coronation of H. 2.
VII. Cap. 7. No Foster or Beadle shall make Scotal, or gather Garb, Oats, Corn, Lamb, or Pig, but by the sight and oath of the 12 Rangers, when they shall make their Range: And there shall be so many Rangers assigned for the keeping of Forests, as shall seem reasonably sufficient for the same.
VIII. Cap. 8. There shall be onely three Swain-motes in the year, viz. one 15 days beore Michaelmas; another about Martinmas, and the third, 15 days before Midsummer, at the first two of which none shall appear by distress but the Fosters, Verdors, and Gest-takers, and at the other, onely the Fosters and Verdors: Howbeit, the Fosters and Verdors shall meet every forty days to see the attachments of the Forests, as well for Green-hue as hunting: And the Swain-motes shall not be kept but in the Counties, where they have been used to be kept.
IX. Cap. 9. Every one having a Wood in the Forest may agest it, and take his pawnage there at his pleasure; he may also drive his hogs through the King's Wood, or elsewhere for that purpose, and if they lie all night in the Forests, he shall not be questioned for it.
X. Cap. 10. None shall lose life or member for killing of Deer but shall be fined for it, if he have any thing; if not, he shall be imprisoned a year and a day, and (if he can find good sureties) shall then be delivered; but if not he shall abjure the Realm.
XI. Cap. 11. A Peer of the Realm, being sent for by the King, in coming and returning may kill a Deer or two in the Forest, through which he passeth; Howbeit it must not be done privily, but by the view of the Foster, if present; but if absent, by causing one to blow a horn for him, lest he seem to steal the Deer.
XII. Cap. 12. Every freeman may within the Forest (upon his own ground) make a Mill, Spring, Pool, Marl-pit, Dike, or arable ground, without mclosing such arable, so it be not to the nusance of any of his neighbours.
XIII. Cap. 13. Every free-man may have his Ayries of Hawks, Eagles, and Herons, and also Honey found in his Woods within the Forest.
XIV. Cap. 14. No Chimage or toll shall be taken in Forests but by a Forester in see that farms his Bailiwick, and onely of such as buy their bushes, timber, bark, or coal to sell it again, viz. 2 d. for a cart, and 1 d. for an horse to be taken, half yearly; and it shall onely be taken where it hath used to be taken, and not elsewhere: neither shall any chimage be taken of such as carry burthens of bushes [Page 246]bark, or coal, albeit they sell it, unless they take them out of the King's Demesne Woods.
XV. Cap. 15. All persons out lawed for trespass in Forests since H. 3 shall be released, finding sureties to offend no more.
XVI. No Constable, Castellain, or Bailiff shall hold pleas of Forest for Green-hue or hunting, but the Forester shall attach such pleas and present them to the Verdors of the Provinces, who shall inroll them, and present them inclosed under their seals unto the Chief Justice of the Forest when he comes into those parts to hold pleas of the Forest to be determined before him.
XVII. These liberties of the Forest the King grants to all men, saving to all other persons the liberties and free customes in Forests, Warrens, and other places which they have formerly enjoyed.
XVIII. Merton, cap. 11. 20 H. 3. The Lords demanded the imprisonment of trespassers in their Parks and Ponds, but it was denied by the King, and so deferred.
XIX. West. 1. cap. 20. 3 E. 1. Trespassers in Parks or Ponds shall give treble damages to the party grieved, suffer three years imprisonment, be fined at the King's pleasure, and give surety never to offend in the like kind again: And if they cannot find surety, they shall abjure the Realm, or being sugitive shall be outlawed.
XX. Stat. 21 E. 1. A Forester, Parker, or Warrener, shall not be questioned for killing a Trespasser, who (after the peace cried unto him) will not yield himself, so it be not done out of some other former malice.
XXI. Ordinatio Forestae, 33 E. 1. Stat. 5. Those to whom the King hath granted Purliew (whereby their Woods are dis-afforested) shall be quit of the charge of the Forest, but then they are to have no common there: Howbeit, such as are willing to return their Woods into the Forest shall injoy Common and other easements there, as they did before.
XXII. Ordinatio Forestae, 34 E. 1. cap. Presentments of trespasses of Green-hue and hunting in Forests shall be made at the next Swainmote by the Foresters within their several Bailiwicks, before the Foresters, Verdors, Regardors, Agistors, and other Ministers of the Forest, and they shall be also inquired of by the oaths as well of Knights as other lawfull men, (not suspected) of the nearest parts, where the trespasses were committed, and the presentments so inquired of shall be solemnly confirmed and sealed by the seals of the said Ministers.
XXIII. Cap. 2. If any Officer die, or be otherwise hindered, that he cannot present at the Swainmote, the Justice of the Forest or [Page 247]his Lievtenant shall put another in his place, that the Indictment may nevertheless be made by all, in form aforesaid: also officers which are to be placed, shall be put as hath been used; except the Verdors, who shall be ordained by election or writ.
XXIV. Cap. 3. No Minister of the Forrest shall be put upon any Assize, Jury or Enquest to be taken without the Forest.
XXV. Cap. 4. No officer of the Forest shall surcharge the Forest, in pain to be imprisoned by the Justice of the Forest, or his Lievtenant, and he by whom they were placed shall be also punished at the King's pleasure. At every Swainmote enquiry shall be made of surcharges, Foresters, and other Ministers there, and of oppressions done to the people, that reformation may be made.
XXVI. Cap. 5. Trespasses committed in grounds dis-afforested, shall be pardoned; yet so as the hedges and ditches shall be cast down and removed; saving the King's Arrentations, which shall remain according to the Assize of the Forest; also the wood felled in the Forest shall be carried away, but that standing (though sold) shall be preserved.
XXVII. Cap. 6. The Justice or his Lievtenant shall take fines and amerciaments of Indictees for trespasses committed there, and shall not tarry for the Eyre. Commoners restrained from their Commons by the Perambulation, shall be restored to them again; saving the King's Arrentations, as aforesaid.
XXVIII. Stat. 1 E. 3. Stat. 1. cap. 8. None shall be taken or imprisoned for vert or venison, unless he be taken with the manner, or else indicted, acording to the form of the Statute of 34 E. 1. And then the Warden of the Forest shall let him to mainprize, untill the Eyre of the Forest, without taking any thing for his deliverance: And if the Warden will not so do, he shall have a Writ out of the Chancery of old ordained for persons indicted, to be bailed till the Eyre.
XXIX. If the Warden after the Writ served deliver not the person indicted to Mainprize, the Plaintiff shall have writ out of the Chancery directed to the Sheriff, to attach the Warden to answer his default before the King at a certain day; and then the Sheriff (the Verdors being called to him) shall deliver the person indicted by good mainprize in the presence of the said Verdors, and shall deliver the names of the Mainpernors to the same Verdors to answer in the Eyre before the Justices.
XXX. If the chief Warden be thereof attainted, he shall be awarded to pay treble damages to the party grieved, committed to prison, and ransomed at the King's will.
[Page 248]XXXI. Stat. 1 E. 3. Stat. 2. cap. 1. The great Charter, and also that of the Forest are confirmed.
XXXII. The perambulations of Forests shall continue, as they were bounded in the time of E. 1. and every County shall have a Charter thereof, and where they are not bounded, it shall be now done, and a Charter thereof shall be also made accordingly.
XXXIII. Stat. 1 E. 3. Stat. 2. cap. 2. Every man having wood within the Forest may take house-boot and hey-boot in his said wood, without being attached for the same by the Ministers of the Forest, so that it be done by the view of the Foresters.
XXXIV. Stat. 25 E. 3. Stat. 5. cap. 7. No Forester or other Minister there shall gather any victuals, or other thing, by colour of his office, but what is due of old right.
XXXV. Stat. 7 R. 2.3. A Jury for the trial of a trespass within a Forest shall give up their verdict, where they received their charge, and shall not by menace, or otherwise be constrained to give their verdict of a trespass done in the Forest, otherwise then their conscience will cleerly inform them.
XXXVI. Stat. 7 R. 2.4. No officer of the Forest shall take or imprison any without due indictment, or per main ouvre; with his hand at the work, that is, being taken with the manner) or trespassing in the Forest; nor shall constrain any to make obligation of ransom against his will, and the Assize of the Forest, in pain to pay the party grieved double damages, and to be ransomed at the King's will.
XXXVII. Stat. 22 E. 4.7. If any having Woods in his own ground, within any Forest, Chase, or Purliew, shall cut or cause the same (or any part thereof) to be cut, by the King's licence (where such Forests, Chases, or Purliew are his) or without licence (where they belong to others) he may keep them several and inclosed during seven years next after their felling.
XXXVIII. Stat. 32 H. 8.35. Every Justice of the King's Forests, Chases, and Parks, by writing under the seal of his office may make as many Deputes as he please, which shall have like power as the Justice himself hath.
XXXIX. Stat. 16. 17 Car. 16. An Act for the certainty of Forests, and of the Meers, limits, and bounds thereof. See the Statute at large.

Forfeiture.

Magna Charta, Cap. 22. 9 H. 3. The King will not hold the lands of persons convict of Felony longer then a year and a day, [Page 249]and then they shall be delivered to the Lords of the Fee.
II. Stat. 17 E. 2.14. The King shall have the Escheats of the lands of free-holders, of Arch-bishops, and Bishops, which happen in time of Vacation to dispose of at his pleasure, the said free-holders being attainted for felony, saving to such Prelates the service, that thereto is due and accustomed.
III. Stat. 17 E. 2.16. The King shall have all the goods of felons and fugitives, and the year, day, and waste of their land, and then the lands shall be dilivered to the Lord of the Fee, who may also (if they please,) compound with the King for the year, day and waste.
IV. Here certain lands are excepted, viz. 1. in Glocester-shire where after the year and day, the land shall descend to the next heir. 2. In Kent (lands called Gavelkind) where the Father may go to the Bough, and yet the Son to the Plough: And in Gavelkind all the heirs-male shall divide the inheritance, and so shall the heirs-female, but women shall not make partition with men; also a woman shall be indowed of the moiety, and if she commit fornication in her widdow-hood, or marry, she shall lose her Dower.
V. Stat. De Catallis felonum, None taken for felony, for which he shall be imprisoned, shall be disseised of his lands or chattels until he be convicted thereof: but as soon as he is taken, his tenements and chattels shall be viewed by the Sheriff and other officers of the King and lawful men and Inventoried, and kept by the Bailiff of him that is so taken, who shall give surety to the Justices of the chattels, or the price: saving to the accused and his family their necessaries as long as he shall be imprisoned, and his reasonable estover, so that when he is convicted, the residue of his chattels (besides his estover) may remain to the King with the year and day of his lands; but if he be acquit, his chattels shall be restored. Vide Rast. Forfeiture 7.
VI. Stat. 31 E. 3. Stat. 1.3. If any charged with the goods of fugitives and felons (will in discharge of himself) alledge another, that is chargeable therewith, he shall be heard and right shall be done him.
VII. Stat. 34 E. 3.12. There shall be no forfeiture of lands for treason of dead persons not attainted in their lives.
VIII. Stat. 1 R. 3.3. None shall seize the goods of any arrested for suspition of felony before he be convict or attainted thereof, or the same goods be otherwise lawfully forfeited, in pain to forfeit to the party grieved double the value of the goods so taken, to be recovered by Action of debt, &c. wherin no essoin, &c. shall be allowed.
[Page 250]IX. Stat. 11 H. 7.1. None that attends upon the King (for the time being) in his person, and doth him faithful service of Allegiance in his wars within the Realm or without, or is in other places at his common, shall be convict or attainted of High Treason, or any other offence for so doing, whereby he may forfeit any thing, but shall be clearly discharged of all vexation and loss, which he may incur by reason of the same. And if any Act or process of Law hereafter happen to be made thereupon, it shall be void: Provided, that none shall take benefit by this Act, which shall hereafter decline from his Allegiance.
X. Stat. 24 H. 8.5. If any be indicted or appealed for the death of one attempting to murther, rob, or commit burglary (and so found by verdict) he shall forfeit no lands or goods for the same, but shall be fully acquit and discharged thereof.

☞ Forger of false Deeds.

* I. Stat. 5 El. 14. If any alone or with others shall wittingly, subtilly and falsly forge or make, or cause to be forged or made any false Deed, Charter or writing sealed, Court-Roll, or Will in writing, to the intent, that the free-hold or inheritance of lands, or the right or title thereof may be troubled, defeated, or charged, or shall publish or shew forth in evidence any such forged writing as true knowing the same to be false and forged, and shall be thereof convicted upon an Action of Forger of false Deeds (to be founded upon this Statute) at the suit of the party grieved, or otherwise, shall pay to the party grieved double costs and dammages, to be assessed in the Court, where such conviction shall be, shall be set upon the Pillory in some Market-town, or other open place, and there have both his Ears cut off, and also his nostrils slit and feared with an hot iron, he shall also forfeit to the Queen, her heirs and successors the Issues of his lands, and suffer perpetual imprisonment during his life: and the said costs and dammages shall be fist levied upon the goods and issues of the lands of the offender, notwithstanding the Queen's title thereunto.
II. For such forging, &c. of a lease for years of lands (not Copy-hold) or of an Annuity, Obligation, Bill, Acquittance, Release, or other discharge of any personal thing; the offender shall pay double costs to the party grieved to be assessed, as before, be set upon the Pillory, lose one of his ears, and suffer a years imprisonment without bail.
III. The party grieved may have his remedy for his double costs and dammages by original writ out of the Chancery, as in case [Page 251]of trespass, by bill in the King's Bench, or in the Exchequer, in which suit no essoin &c. shall be allowed.
IV. Howbeit, he that is once punished for his offence shall not after be impeached for the same; and albeit the Plaintiffs release or discontinuance of suit may discharge his own remedy, yet the rest of the punishment shall be nevertheless inflicted by judgment and command of the Court.
V. The second offence is felony without Clergy, whereof the offender being convicted or attainted, he shall forfeit his lands and goods as other cases of felony, saving to all other persons their right, &c. neither shall such conviction or attainder extend to loss of Dower, or disherison of heir.
VI. Provided, this Act shall not extend to charge any Ordinary, Commissary or Official for putting their seal of Office to any will, not knowing the same to be forged, nor for writing such a will, or the probate thereof.
VII. Justices of Oyer and Terminer, and Assize in their Sessions shall hear and determine these offences.
VIII. Provided this Act shall not extend to any Proctor, Advocate, or Register for writing setting forth, or pleading of any Proxie for the apparence of any person cited to appear in the Ecclesiastical Court, nor to any Arch-deacon or Official for putting their seal to such Proxie, nor to any Ecclesiastical Judge for admitting the same, nor to any Attorney or Counsellor for pleading or giving in evidence any such forged writing, being nor party nor privy thereunto, nor to any person, that shall plead or shew forth any writing exemplified under the Great Seal or the seal of any other Court of this Realm, nor to any Judge, Justice or other person, that shall set any such seal thereunto, not knowing the same to be forged.

☞ Forestallers, Regradors and Ingrossers.

* I. Stat. 6 E. 6.14. He or she that shall buy or contract for any Merchandize, Victual or other thing whatsoever, (in the way) before it shall be brought (by land or by water) unto any City, Port, Road, Fair, or Market where it should be sold, or shall cause the same to be so bought, or shall diswade people from bringing any such commodity to any such place, or (being brought) shall perswade them to inhance the price thereof shall be adjudged a Forestaller. A Regrador is he that buyes any grain, wine, fish, butter, cheese, candles, tallow, sheep, lambs, calves, swine, piggs, geese, capons, [Page 252]hens, chickens, pigeons, conies, or other dead victual whatsoever, brought to a Fair or Market to be sold there, and do sell the same again in the same Fair or Market, or in some other Fair or Market within 4 miles.
III. An Ingrosser is he that gets into his hands by buying, contract or promise (other then by demise, grant or lease of land or tithe) any corn growing in the fields, or other grain, butter, cheese, fish, or other dead victual whatsoever, with intent to sell it again.
IV. The party guilty of any of the offences aforesaid, shall forfeit for the first offence the value of the goods so bought or had, and suffer 2 moneths imprisonment without bail; for the second, the double value, and suffer 6 moneths imprisonment without bail; and for the third, shall forfeit all his goods, be set upon the Pillory, and be imprisoned at the King's pleasure.
V. This Act shall not restrain the buying of Barley or Oats to be converted into Mault or Oatmeal; nor the provision of any Town Corporate, Ship, Castle, Fort, Barwick, Holy Island, &c. or any Fish-monger, Inholder, Victualer, Butcher, Poulterer, or people dwelling within one mile of the main Sea, which use to buy and sell fish, for any thing concerning their several mysteries or trading, they retailing the same at reasonable prices, nor any Badger, Lader, Kidder or Carrier, assigned to that office by three Justices of Peace, and delivering the commodity out of his hand within one moneth after he buyes it; nor the taking of any thing reserved upon any lease, so that all these things be done without fraud or forestalling.
VI. He that buyeth grain in any Market for change of seed, shall bring as much the same day, and sell it, if he can, according to the present price of grain there, in pain to forfeit double the value of the grain so bought.
VII. He that buyes any cattel and sells the same again alive within 5 weeks, shall forfeit double the value thereof, during which time he ought to keep them upon Pasture, which he hath either by grant or prescription.
VIII. Justices of Peace in Sessions have power to hear and determine the aforesaid offences by inquisition, presentment, bill, or information, or by the testimony of two witnesses, and to exact the one half of the forfeitures to the use of the King, and cause the other half to be levied to the use of the prosecutor by Ficri facias or Capias, and when the prosecution shall be at the Kings suit onely, to extract the whole to the King's use.
IX. None shall be punished twice for the same offence.
[Page 253]X. This Act shall not restrain the transporter of grain or cattel from Port to Port (allowed by three Justices of Peace, and not fore-stalling) so that he imbark the same within 40 days after he buyes them, and brings back from some Justice of Peace, or Head officer a Certificate of their unlading agreable to his Cocket.
XI. The offences against this Statute shall be prosecuted within two years.
XII. This Act shall not restrain a Drover allowed by three Justices of Peace (1. Qu.) and selling his cattel at 40 miles distance from the place where he bought them. Howbeit such allowance ought not to continue above one year.
XIII. Stat. 13 El. 25. in fine. The Statute of 5, 6 E 6.14. shall not extend to Wines, Oyls, Sugars, Spices, Currants, or other forein victual brought from beyond Sea, Fish and Salt onely excepted.
XIV. For more ancient Statutes against Forestalling, see the Statute of Forestallers, 31 E. 1. and the Statute of clothes, 25 E. 3.3. Which because they are altered by 4, 5 E. 4.14. I have not thought thme fit to be inserted.

☞ Franchises and Liberties.

I. Magna Charta, Cap. 1. 9 H. 3. The Church of England shall be free, and shall have all her holy Rights and liberties inviolable.
II. Magna Charta, Cap. 9. 9 H. 3. The City of London, and all other Cities, Burroughs, Towns, the Barons of the five Ports, and all other Ports shall have all their old liberties and free Customs.
III. Magna Charta, Cap. 37. 9 H. 3. All free and ancient liberties and customs of all persons as well Spiritual as Temporal are reserved, which the King himself promiseth to observe, and commandeth all men of this Realm to do the like. He likewise further promiseth, that neither he nor his heirs shall procure or do any thing to infringe them, and that if any thing be so procured, it shall be void.
VI. Stat. De quo warranto, 18 E. 1. If any can verifie by good enquest, or otherwise, that they or their Ancestors or Predecessors have used any liberty, whereof they have been impleaded by Quo warranto, before the death of R. 1. and have hitherto (not having abused such liberty;) They shall be adjourned to a reasonable day before the Justices, within which time they may repair to [Page 254]the King, with the Record thereof, signed by the Justices seal, which done the King will confirm their estate; and if any judgments have been given upon such writs by the Justices at Westminster, upon the complaint of the party grieved to the King; he will give them remedy.
V. All pleas of Quo warranto shall be from henceforth pleaded and determined in the Circuit of the Justices, and all pleas now depending shall be adjourned into their proper Counties, until the coming of the Justices into those parts. Note that this Statute was confirmed by another Statute De quo warranto, of the same year, and to the same effect.
VI. Stat. De quo warranto, 30 E. 1. The form of a Writ to be directed to the Sheriff to permit all men to injoy all such liberties as they had before; and of a Proclamation, that such as claim liberties shall shew to the Justices (at the first Assizes when they shall come into those parts) how they hold them; for which they shall have forty days summons, and if they appear not, their liberties shall be seised in the name of distress. Also the form of another Proclamation, that such as complain of the King's officers shall shew their grievances to the said Justices.
VII. Stat. De Tallagio non concedendo, Tempore E. 1. cap. 4. All persons shall have their, laws, liberties, and free customs as largely as they have used to have them, when they had them best: And if any Statutes or Customs have been made or brought in by us or our Predecessors, or if any article contained in this Charter be found contrary thereunto, they shall be void.
VIII. Stat. 1 E. 3. Stat. 2.4. All Cities, Burroughs, and franchised Towns shall injoy all their franchises, customs, and usages, as they ought and were wont to do.
IX. Stat. 14 E. 3. Stat. 1. cap. 1. Holy Church shall have her liberties in quietness: The great Charter and that of the Forest shall be holden in all points: and the City of London and all other Cities and Burroughs shall injoy all their Franchises and Customs which they have reasonably had and used in times past.
X. Stat. 25 E. 3. Stat. 3.1. All priviledges and franchises heretofore granted to the Clergy are confirmed, and shall be holden in all points.
XI. Stat. 6 R. 2. Stat. 1.1. The Church of England shall have all her liberties whole and unhurt, and the same shall fully injoy and use.
XII. Stat. 7 R. 2.1. Holy Church shall injoy all their liberties and franchises, as she had them in the time of the King's [Page 255]Progenitors. The like is granted in 2 R. 2.1. 3 R. 2.1. 5 R. 2.2.1. 12 R. 2.1. & 1 H. 4.1.
XIII. Stat. 2 H. 4.1. The Church shall have her rights and liberties. All Lords spiritual and temporal, Cities, Burroughs and Towns enfranchised shall injoy their liberties and franchises, which they have lawfully used or have had by the grant of the King's predecessors, Kings of England. Vide 9 H. 4.1. 13 H. 4.1. 3 H. 5.1. and 2 H. 6.1. which are in effect the same, save that they except such Franchises as are repealed or repealable by the Common-Law.
XIV. Stat. 27 H. 8.24. None but the King shall have power to pardon treason or felony, or such as are accessary to, or outlawed for the same, notwithstanding any Grant, Usage, Prescription, Act, or other thing to the contrary.
XV. None shall make Justices in Eyre, of Assize, Peace, or Gaol-delivery, but only the King, and that by his Letters patents under the great Seal, and notwithstanding any grant, &c.
XVI. All Writs, Indictments and Processes in every County Palatine, or other liberty shall be made in the King's name, Teste the owner of such County Palatine or liberty; and here in every such writ and indictment of any offence against the Peace, it shall be supposed to be done against the King's Peace, and not against the peace of any other person, notwithstanding any Grant, &c.
XVII. Provided, that Justices of Assize, Gaol-delivery, and Peace in the County Palatine of Lancaster shall be so made under the King's usual seal of Lancaster, notwithstanding any Act.
XVIII. Provided also, that Corporations which have power to have Justices of Peace and Gaol-delivery, may have them still, notwithstanding this Act.
XIX. Stewards, Bailiffs, and other Ministers of Liberties shall attend the Justices of Assize, Gaol-delivery, and Peace, and make due execution of Processes to them directed within their liberties: and the Bailiffs there or their Deputies shall also attend and assist the Sheriff at the Gaol-delivery for execution of prisoners.
XX. Provided, that the last clause shall not be prejudicial to any Stewards or Bailiffs of Corporations, which are not compellable to attend or appear out of their Corporations.
XXI. The King shall have the fines issues, amerciaments and forfeitures, which shall be set upon, or lost by Stewards, Bailiffs, or other Ministers of Liberties, notwithstanding any grant, &c. And amerciament, for insufficient returns made by such Stewards [Page 256]or Bailiffs, shall be set upon their heads, and not upon the Sheriffs.
XXII. Purveyors may take provision within liberties, notwithstanding any grant, &c. Provided, such purveyors observe the Statutes made for them in that behalf.
XXIII. The King's officers may keep their Courts within the Verge, and his Clerk of the Market onely shall execute his Office there, notwithstanding any Liberty but London.
XXIV. All Statutes made against Sheriffs, Under-Sheriffs, Bailiffs, or other Ministers for any misdemeanour concerning their Offices shall extend to Stewards, Bailiffs, and other Ministers of Liberties.
XXV. Stewards and Bailiffs of Liberties, and their Deputies, and Clerks may execute their office above a year, notwithstanding this last clause.
XXVI. All such Justices to be made, as is aforesaid rehearsed in this Act shall have power to hold their Sessions of Peace, and to deliver the Gaols within their liberties, and to execute all other things within the same, in as ample manner as other Justices of Peace and Gaol-delivery do in any Shire, notwithstanding any Act Grant, &c.
XXVII. The new Justices now to be made by the King within Liberties shall sit, where such Justices have commonly used to sit before; and none within the said Liberties shall be compellable to appear before any other Justices of the same Liberties.
XXVIII. Sir Thomas Englefield now Justice of Chester annd Flint shall not be prejudiced by this Act.
XXIX. This Act shall not be prejudicial to Corporations, but they shall injoy such liberties, fines, issues, amerciaments and forfeitures, as they did before the making thereof.
XXX. The Bishop of Ely and his Steward for the time being shall be Justice of Peace within the same Isle, notwithstanding this Act; so also shall the Bishop of Durrham and his Chanceller in that County Palatine, and the Bishop of York and his Chancellor of Hexam within that Precinct.
XXXI. Stat. 32 H. 8.20. The same franchises, that the late owners of Religious houses had within three moneths before their dissolutions shall be revived, and be actually in the King, and in the survey of the Court of Augmentations: and the Stewards, Bailiffs, and Ministers thereof shall account there, as other Officers accountants of the King in that Court have done.
XXXII. The Franchises of the late Religious houses, which have come to the King's hands by attainder, shall be in the order of the [Page 257]Court of general Surveyors: and the Stewards, Bailiffs, and other Ministers thereof shall account there, as other officers accountants of the King in that Court have done.
XXXIII. The said Stewards and other Officers shall be attendant and obedient in all other the King's Courts, as the officers of the said late owners were: and no Sheriff or other forein officers shall intromit into their Liberties in any other manner then they lawfully might have done before the said Franchises came into the King's possession.
XXXIV. Every person may use all such liberties as he hath by the King's grant or otherwise notwithstanding this Act: also the offices, fees, annuities, and profits of all persons out of any of the lands of the said Religious houses are saved.
XXXV. Fines may be levied in the Court of Augmentations of lands within that Survey to the King's use without fee, and the Justices of the Common Pleas shall receive and allow the same: also all deeds and obligations made to the King's use, which concern the said lands, may be there inrolled without fee.
XXXVI. Provided that the King's Officers may keep Court within the Verge, and his Clerk of the Market, and none other execute his office, there, notwithstanding any grant, &c. Neither shall this act be prejudicial to the City of London.
XXXVII. The lands of the late Monastery of Furnes, and of the late Monasteries and Priories of Cartmele, Coningshed, Barstrough, and Holland, and the Liberties and Franchises belonging thereunto, shall be in the Government of the Officers of the Dutchy of Lancaster: and the Officers of those liberties shall be liable to accompt, as other Officers of the Dutchy have used to be: they shall also be attendant on the King's Courts: and the Sheriff and other officers are prohibited to intromit into those Liberties.
XXXVIII. This act shall not annul or diminish any of the liberties belonging to the said Dutchy, or to the five Forts, or the members thereof.
XXXIX. The Petition of Right, 3 Car. None shall be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without consent by Act of Parliament, nor upon refusal so to do shall be called to make answer, take any oath not warranted by Law, give attendance, or be confined, or otherwise molested concerning the same, or for refusall thereof: Neither shall any Free-man be imprisoned or detained without cause shewed.
XL. The subject shall not be burthened by the quarter of Souldiers [Page 258]or Marriners: and all Commissions for proceeding by Martial Law shall be annulled, neither shall any of like nature be issued out hereafter, lest the subject by colour thereof) be destroyed, or put to death, contrary to the Laws and Franchise of the Land.
XLI. What hath been done to the prejudice of the Subject in any of the premisses shall not hereafter be drawn into consequence of example, and the King declares his pleasure to be, that in the things aforesaid all his Officers and Ministers shall serve him, according to the Laws and Statutes of the Realm.

☞ Fraudulent Conveyances.

I. Stat. 50 E. 3.6. Fraudulent assurances of lands or goods to deceive Creditors shall be void, and the Creditors shall have execution thereof, as if no such gift had been made.
* II. Stat. 13 El. 5. All fraudulent Conveyances of lands, tenements, hereditaments, goods or chattels, and all such bonds, suits, judgments and executions made to avoid the debt or duty of others, shall (as against the party onely, whose debt or duty is so endeavoured to be avoided, their heirs, successors, executors, or assigns) be utterly void, any pretence, feigned Consideration, or, &c. notwithstanding.
III. Every of the parties to such a fraudulent conveyance, bond, suit, judgment or execution, who being privy thereunto shall wittingly justifie the same to be done bonâ fide, and upon good consideration, or shall alien and assign any lands, lease, or goods so to them conveyed, as aforesaid, shall forfeit one years value of the lands, lease, rent, common, or other profit out of the same, and the whole value of the goods, and also so much money as shall be contained in such covenous bond; and being thereof convicted shall suffer half a years imprisonment without bail. And here, the said forfeitures are to be divided betwixt the Queen, and the party grieved.
IV. Common Recoveries against the tenants of the free-hold shall be good notwithstanding this Act. And so shall all estates made for the procuring of a Voucher in Formedon: Neither shall this Act extend to grants made bonâ fide, and upon good consideration to persons not privy to such Collusion.
V. Stat. 27 El. 4. Every conveyance, grant, charge, incumbrance, and limitation of use or uses of, in, or out of any lands or other hereditaments, made to defraud any purchaser of the same in fee, for tail, for life or years, shall (as against such purchaser [Page 259]onely, and every other person lawfully claiming from, by, or under him) be utterly void, the said purchaser having obtained the same for money or some other good consideration.
VI. Every of the parties to such fraudulent conveyances, or being privy thereunto, who shall justifie the same to be made bonâ fide, and on good consideration, to the disturbance or hinderance of the purchaser or of any other lawfully claiming from, by, or under him, shall forfeit one years value of the lands or other hereditaments so purchased or charged, to be divided betwixt the Queen and the party grieved, and being thereof convicted shall suffer half a years imprisonment without bail.
VII. Conveyances made upon good consideration and bonâ fide shall be good, notwithstanding this Act.
VIII. If lands be first conveyed with clause, provision, or condition of revocation, determination, or alteration, and afterwards sold or charged for money or other good consideration, before the first conveyance was revoked, altered or made void, according to the power given thereby: In this case such first conveyances shall be void against the vendee, and all others lawfully claiming from, by, or under him: Howbeit no lawful mortgage, made bonâ fide, without fraud shall be impeached by this Act.
IX. All Statutes Merchant, and of the Staple, shall within six moneths after their acknowledgment be entred in the office of the Clerk of Recognizances taken according to the Stat. of 23 H. 8.6. and the Clerk there (upon shewing the same) shall make entry thereof, for which he shall have 8 d. and no more.
X. Every such Statute, which is not within four moneths after the acknowledgment thereof, delivered to be entred accordingly, shall be void against the purchaser of the lands chargeable therewith, and against his heirs, successors, executors and assigns.
XI. The said Clerk shall within the said six moneths make entry of every Statute to him delivered, as aforesaid, and shall indorse thereupon the day and year of such his entry with his own name, in pain to forfeit for every Statute so brought unto him, and not entred, as aforesaid, 20 l. to be divided betwixt the Queen and the Prosecutor.
XII. The Clerk shall take for the search of a Statute but 2 d. for every years search, in pain to forfeit to the party grieved twenty times so much, as he takes above, to be recovered in any Court of Record by action of debt, &c.
XIII. Provided, that this Act shall not extend to make good any purchase made void by reason of any former conveyance, so as [Page 260]the party so making void the same, his heirs or assignes were the first day of this Parliament in actual possession of the lands, out of which any such Purchase, Lease, Charge or Profit was made.

Free-hold.

I. Marlb. Cap. 22. 52 H. 3. None shall distrain his free-holders to answer for their Free-holds, or for any thing touching the same, without the King's Writ; nor cause his Free-holders to swear against their wills: for none may do that without the King's commandment.
II. Stat. 15 R. 2.12. None shall be compelled to answer for his Free-hold, or for any other thing touching the same, or for any other thing real or personal, before the Council of any Lord or Lady; and if any be hereafter molested in that kind, and thereof complain to the Chancellor, [...]e shall have remedy.
III. Stat. 16 R. 2.2. The Statute of 15 R. 2.12. shall be duly put in execution, and if any Lord, Lady, or other do to the contrary, they shall forfeit 20 l. to the King.

☞ Fuel.

* I. Stat. 7 E. 6.7. The Assize of Fuel shall hereafter be, as followeth; Every sack of coal shall contain 4 bushels of good and clean coal: a Talshid shall contain in length four foot besides the carf: Every Talshid name of one shall within a foot of the midst be 16; of two, 23; of three, 28; of four, 33; and of five, 38 inches about: Also every Billet shall contain in length three foot 4 inches, and being named a single, shall contain seven inches and an half about, a cast 10; and two casts 14: likewise a fagot bound shall be three foot long, and have the bond 24 inches about, besides the knot.
II. Billets of two casts may be made without danger of forfeiture, they being made according to the aforesaid Assize, and marked within 6 inches of the midst: but a Billet of one cast shall be marked within four inches of the end thereof.
III. For every Talshid, Billet, Fagot, or sack of coals otherwise made and put to sale, the maker and seller thereof shall forfeit 3 s. 4 d.
IV. None shall buy any such Fuel, but Wharfingers or Barge-men or such as will burn the same, or will retail it to such as will burn it, in pain to forfeit the treble value of fuel otherwise bought: [Page 261]neither shall any alter any mark or Assize of fuel upon the like forfeiture: all which forfeitures are to be divided betwixt the King and the prosecutor, but are not recoverable, unless prosecuted within a year after the offence committed.
V. Here if the Offender be not able to satisfie the forfeiture, he shall (upon conviction by witnesses or otherwise) be set upon the Pillory in the next Market-Town on the Market-day at 11 a clock by command of a Justice of Peace, or any other of the King's officers, having a Billet or Fagot bound to some part of his body.
VI. Stat. 43 El. 14. So much of the Statute of 7 E. 6.7. as concerns the forfeiture of 3 s. 4 d. is repealed; but the Assize of Fuel ordained by that Act is still continued, and injoyned to be observed in London, Westminster, and all other Corporations where Tall-wood, Billet, and fagots are used to be sold.
VII. If any bring any Tall-wood, Billet or Fagot to any City, Burrough, or Corporation to be sold there, or being brought shall put the same to sale, not being made according to the Assize limimited by the Statute 7 E. 6.7. or hereafter by this Act, upon information thereof, the Mayor or other Head-officer of such City, Burrough, or Corporation shall swear six lawful men there to inquire thereof; And if the said Fuel shall by them be found faulty, it shall be by such Mayor or other Head-officer delivered to the Overseers for the poor there, to be distributed to the poor there, as the said overseers shall think fit.
VIII. Every Tall-shid marked one, being round-bodied shall contain 16 inches and an half in compass, being half round, 19 and quarter cleft, 18 inches and an half: being marked two, and round 23 inches; half round, 27; and quarter cleft 26; marked three, and round, 28. half round, 33; quarter cleft, 32: marked four, and round, 33; half round 39; quarter cleft, 38: and marked five, and round, 38; half round, 44; and quarter cleft, 43; all which are to be measured about within six inches of the midst thereof, and are to contain the length limitted by the Statute of 7 E. 6.7.
IX. In all other forms of cleaving of Tall-wood, which will not admit the former manner of cleaving, nor any of these, the letter of the said Statute of 7 E. 6. is to be observed.
X. Every Billet named a single, shall contain in compass, being round, 7 inches and a half, and no singles shall be made out of cleft wood.
XI. Every Billet marked one, (called a cast) being round shall contain in compass 11 inches; half round, 13; quarter cleft, 12 [Page 262]and an half, and marked two (called two casts) being round shall contain in compass 16 inches; half round, 19; and quarter cleft 18 and an half; and in all other forms of Billet, which will not admit the former manner of cleaving, and touching the length of Billet, the letter of the said Statute of 7 E. 6. is to be observed.
XII. A Fagot shall contain in compass (besides the knot, 24 inches, and every fagot-stick shall be three-foot long, except one, which may be but a foot long, to stop and harden the binding of the fagot the better.

☞ Fustions.

* I. Stat. 11 H. 7.27. None shall dress Fustions with any other Instruments then the broad Sheers, in pain of 20 s. for every such default, to be divided betwixt the King and the prosecutor.
II. The Master and Wardens of Sheermen in London shall have power to search the workmanship of such as use the broad-sheer, as well for Fustion as Cloth; and this Act shall be executed as well against denizons as strangers.
* III. Stat. 32 El. 13. The Mayor of London or his Deputy, and the Master and Wardens of the Mystery of Cloth-workers there, or such discreet persons as the said Master and Wardens shall appoint may make such search as the said Master and Wardens of Sheer-men might do together by the Statute of 11 H. 7.27. And none shall resist such search, in pain of 20 s. to be divided betwixt the King and the prosecutor.

Gaming: See Plaies and Games.

Gauging.

* I. Stat. 27 E. 3.8. Stat. 1. ALL Wines white and red brought into the King's Dominions, shall be lawfully gauged by the King's Gaugers or their Deputies; and none shall resist them, in pain to forfeit the Wines, to be imprisoned, and to be ransomed at the King's will.
II. If the Gauger be not ready to do his office upon request, or use fraud therein, he shall pay to the party grieved treble dammages, [Page 263]lose his office, and be imprisoned, and ransomed at the Kings will.
III. If the vessel want due measure, the value of that want shall be deducted out of the price thereof.
* IV. Stat. 31 E. 3.5. If any sell a tun or pipe of wine not gauged, he shall forfeit the same wine or the value thereof to the King.
* V. Stat. 4 R. 2.1. The former Statutes made for gauging shall be duly put in execution: and all other vessels of Wine, Vinegar, Oyl, Honey, and other liquors gaugeable (brought into the King's Dominions) shall be lawfully gauged by the Gaugers thereunto assigned, or their Deputies; and if any resist them, or if they be found faulty, both the one and the other shall incur the pains ordained by the former Statutes.
VI. Stat. 14 R. 2.8. None shall be molested for not gauging of Renish wines, nor incur any forfeiture for the same, otherwise then hath been used of old time.
* VII. Stat. 18 H. 6.17. All Tuns, Pipes, Tertians, and Hogs-heads of Wine and Oyl (to be sold within the Realm) shall be lawfully gauged by the King's Gauger or his deputy before they be sold, in pain to forfeit to the King the Wine, Oyl and Honey otherwise sold, or the value thereof.
VIII. If any sell any such vessel wanting the due measure, he shall abate so much of the price as it wants of measure, in pain to forfeit to the King the value of such Wine, Oyl, or Honey otherwise sold.
IX. The Informer who will discover such forfeitures to the Lord Treasurer, or Barons of the Exchequer shall receive half thereof for his labor.
* X. Stat. 23 H. 6.16. The Gauge-peny shall not be paid to the Gauger, or any other in his name, before he or his Deputies have gauged the Wines, and then he may take it and no more.
XI. He or his deputy shall (upon request) be ready to do their office: and this Act is to be observed throughout the Realm, upon the pain comprized in the Statute of 27 E. 3.8.
* XII. Stat. 31 E. 8. No Brewer shall sell or put to sale in London, the suburbs, or within 2 miles compass of the Suburbs any Beer or Ale in Buts, Pipes, Punchions, Hogs-heads, Tiercies, or such other uessel brought from beyond Sea, and never lawfully gauged within this Realm, before the same be lawfully gauged, and the true content thereof set down thereupon (by the Gallon, appointed for Beer and Ale, according to the Standard) by the Master and Wardens of the Coopers of the City of London, or their Deputies: neither [Page 264]shall any Brewer sell or put to sale any Beer or Ale, in such vessel elsewhere in England or Wales before the same be lawfully gauged, and the true content thereof set thereupon, by such as by the Statute of the 23 H. 8.4. (which see in Coopers) are to have the Gauging of Barrels, Kilderkins, and Firkins elsewhere in England and Wales, in pain to forfeit every such vessel, and also the Beer and Ale therein, to him that will seize the same, and besides 10 s. for every such vessel: all which forfeitures are to be divided betwixt the Queen and the prosecutor.
XIII. The fees of the Gauger shall be for every But or Pipe, a penny, for every Punchion, Hogs-head of Tierce an half-penny, and for every other vessel after the like rate.
XIV. This Act shall extend to Denizons as well as to strangers; and the Gauger may retain the vessel, until he be paid his fee.
XV. The Master and Wardens of the Coopers in London or their Deputies or Deputy within 48 hours after request to them made shall come to any person in London, or the Precinct aforesaid, and shall gauge and mark his vessel, in pain of forfeiting to him that makes such request 20 s. to be recovered by action of debt, &c.
XVI. This Act shall not extend to punish the Brewer that shall fill vessels, which are imported, and after they are so filled are immediately to be exported to be sent elsewhere out of this Realm.

Gigmills.

I. Stat. 5, 6 E. 6.22. None shall use any Gigmill for the working of any wollen Cloth, in pain to forfeit for every Cloth so used 5 l. to be divided betwixt the King and the prosecutor.

☞ Gold, silver, and Gold-smiths.

* I. Artic. sup. Cart. Cap. 20. 28 E. 1. None shall make or cause to be made any Vessel, Jewel, or other thing of Gold or Silver, except it be of good and true alloy, viz. gold of a certain touch, and silver of the sterling alloy or better, and none shall work worse silver then money.
II. No vessel of silver shall depart out of the worker's hand, until it be assayed by the Wardens of the craft and marked with the Leopards head: neither any work worse gold then of the touch of Paris: and the said Wardens shall go from Shop to Shop to assay gold, whether it have the right touch, and if any other be found, it shall be forfeit to the King.
[Page 265]III. None shall make rings, crosses, or locks, nor set any stone in gold, unless it be natural: And Gravers of stones and seals shall give to each their weight of Silver and Gold, as near as they can.
IV. The Jewels of base Gold, which they have they shall utter as soon as they can, and if they buy any such work hereafter, they may buy it to work upon, but must not sell it.
V. The Gold-smiths of all other places in England shal be governed by this law, and one shall come from each Town to London to be assertained of their touch.
VI. If any Gold-smith offend against this Law, he shall suffer imprisonment, and be ransomed at the King's will.
VII. This Act shall not impeach the King's prerogative.
VIII. Stat. 27 E. 3.14. All Merchants, Denizons and strangers may import plate of Silver and billets of Gold, and all other Gold and Silver to the Kings Bullion or his Exchanges, taking their Gold or Silver equal to the value; And any man take forreign coin without impeachment, yet he may refuse it if he please.
IX. No coin shall be currant in the King's Dominions, but his own; neither shall any export Gold sterling or other money, save onely that which is new, except Merchants strangers, who importing money, will imploy the same within this Realm, in which case they may export without impeachment so much as they import, or so much thereof as shall not be so imployed: Howbeit lawful search thereof ought to be made in the Port where they arive, and the money so imported, must be put in writing by the searchers, to the end they may not export more then they import; but here, no Officer (by colour of such search) shall unduly vex the Merchant stranger.
X. All false money shall be forfeited to the King.
* XI. Stat. 7. E. 37. Every Gold-smith shall make his work of Silver lawfully of the Alloy of good sterling, and shall have a proper mark by himself, made known to such as shall be assigned by the King to survey his work or alloy.
XII. The Gold-smith shall not set his mark thereunto, until the surveyors have made their essay, as shall be ordained by the King and his Council: And when the essay is made, the surveyors shall set to the King's mark, and after the Gold-smith his mark.
XIII. No Gold-smith shall take for vessel white and full for the weight of a pound (viz. of the price of two marks of Paris weight) but 18 pence, as they do at Paris.
XIV. If the Gold-smith be found in default, he shall forfeit his false metal to the King.
* XV. Stat. 5 H. 4.13. None shall gild any Rings or other things made of Copper or Lattin, save onely ornaments of the Church (beside [Page 266]Challices, the metal plainly appearing in some part thereof) in pain to forfeit 5 l. to the King, and damages to the party deceived by them.
XVI. Stat. 2 H. 5. Stat. 2. cap. 4. Goldsmiths shall gild no Silver wares, but of the alloy of Sterling, and shall not take above 46 s. 8 d. for a pound of Troy Silver so guilt, and for more or less after the same rate, in pain to forfeit to the King the value of the thing otherwise sold.
* XVII. Stat. 8 H. 5.3. None shall gild sheaths, or any metal but Silver, and the ornaments of holy Church; neither shall any Silver, any metal but Knights spurs, and the apparel pertaining to a Baron or above that estate, in pain to forfeit ten times the value of the thing so gilt, and to suffer a years imprisonment, he also that will sue for the said forfeiture shall have a third part thereof for his pains.
☞ XVIII. Justices of Peace have power to hear and determine the offences committed against this Act.
* XIX. Stat. 2 H. 6.14. None shall sell any work of Silver, unless it be as fine as sterling, except what sowder is necessary to be used therein, for which allowance shall be made accordingly.
XX. None shall put to sale any Silver harness in London before it be touched, and also marked with the Goldsmith's mark, first made known to the Wardens of that Craft, in pain to forfeit the double thereof.
XXI. If the Keeper of the Touch mark such harness with the Leopards head, which is not as fine as sterling, he shall forfeit the double value thereof to the King, and damages to the party grieved.
XXII. York, Newcastle, Lincoln, Norwich, Bristol, Salisbury, and Coventry, shall have several touches (according to the Ordinances of the chief Officers there) which shall be directed by the orders of London upon the like forfeiture.
XXIII. No Goldsmiths elsewhere, where there is no touch shall put to sale any work of Silver under the fineness of sterling, and shall set their mark thereupon before they so put it to sale, upon the like forfeiture.
☞ XXIV. All Justices of Peace may hear and determine the offences committed against this Act: Howbeit, if the Mint-master offend, he shall be punished according to the form of his Indentures, Vide Stat. 2 H. 6.12. in title Money.
* XXV. Stat. 4 H. 7.2. No Finor of Gold and Silver shall alloy any fine Silver or Gold, nor sell it, (save onely to the Officers of the Mint, Changers, and Goldsmiths for the amending of Coin and [Page 167]Plate, for which he shall receive the true value) in pain to forfeit the value of the Gold or Silver so alloyed or sold, to be divided betwixt the King and the finder.
XXVI. Neither shall any such Finor sell any silver in Mass molten, and alloyed, in pain to forfeit the same, to be divided betwixt the King and the finder.
XXVII. All fine Silver, which is to be parted, shall be made, so fine, that it may bear 12 penny weight of alloy in a pound weight, and yet remain as good as sterling: and every Finor shall put his several mark upon such fine Silver, in pain to forfeit the value thereof, to be divided betwixt the King and the finder.
XXVIII. No Goldsmith shall melt or alloy any fine Silver, except it be for making of Amels, Goldsmiths work, or mending of Plate to make it as good as sterling, neither shall he sell any fine or alloyed Silver molten into mass to another Goldsmith, and to any other person whatsoever.
XXIX. This Ordinance shall be observed by all Goldsmiths, in pain to forfeit their Silver or the value thereof, to be divided betwixt the King and the finder.
* XXX. Stat. 18 El. 15. No Goldsmith shall work, sell, or exchange any Goldsmiths ware of Gold under 22 carets fine, nor shall put more sother, amel, or other stuffings in his work then is necessary for the finishing thereof; neither shall he take above 12 d. for the ounce of Gold (besides the fashion) more then the buyer may be allowed for it at the Queen's exchange or Mint, in pain to forfeit the value of the thing so sold or exchanged.
XXXI. No Goldsmith shall make, sell, or exchange any Goldsmiths ware of Silver, less in fineness then 11 ounces and two penny weight, or take above 12 d. for every pound weight of such ware (besides the fashion) more then the buyer may be allowed for it at the Queen's exchange or mint, nor put to sale any Silver work, before he hath set his own mark to so much thereof as may conveniently bear the same, in pain to forfeit the value of the thing so sold or exchanged.
XXXII. If any Goldsmiths work be marked and allowed by the Wardens or Masters of that Mystery, and be afterwards found faulty; the Wardens and Corporation of the said Mystery shall forfeit the value of the thing so sold or exchanged.
XXXIII. The said forfeitures are to be divided betwixt the Queen and the party grieved.
XXXIV. Stat. 14 Car. 2. cap. 3. None shall melt any currant money of this Realm, upon penalty of the double value, besides the coyn melted.
[Page 268]XXXV. Person offending therein, if free-men of any City or Corporation shall be disfranchised & disabled from using any trade and not being free-men of any Corporation shall suffer six moneths imprisonment.

Grants.

I. Stat. 3, 4 E. 6.4. An exemplification of the inrolment of the King's Letters Patents under the Great Seal shall be of a good force to be shewed or pleaded in behoof of the Patentees, their heirs, successors and assigns, or of any other having any state from, by, or under them, or any of them; or by any other means under the date of such Letters Patents, as if the Letters Patents themselves were produced.
II. Stat. 13 El. 6. An exemplification of the inrolment of the Letters Patents by H. 8. E. 6. Qu. M. Ph. & M. Qu. El. or any of them since the 4th of Febr. in the 27 year of H. 8. or hereafter to be granted by the Queen, her heirs or successors shall be of as good force to be shewed or pleaded in behoof of the Patentees, their heirs, successors and assigns, and every other person having any estate from, by, or under them, or any of them, as well against the Queen, her heirs and successors, and against all other persons whatsoever, as if the Letters Patents themselves were produced.

☞ Gunpowder.

I. Stat. 16. 17 Car. 21. An Act for the free bringing in of Gunpowder and Salt-peter from forreign parts, and for the free making of Gunpowder in this Realm: See the Statute at large. And see title Customes and Customers, num. XXXIV.

Hats and Caps.

* I. Stat. 8 El. 11. NOne by himself or any other shall work Hats or Felts with forreign wool or stuff, unless he hath been Apprentice or Covenant-servant seven years at least to the mystery of Hat or Felt-making, in pain to forfeit the Hats or Felts he shall make or cause to be made, and also 5 l. for every moneth he shall so continue.
II. None shall make, sell, or cause to be made or sold any thing of Felt but Hats; nor any cap of any wollen cloth not knit, nor dye [Page 269]or cause to be dyed any Cap with bark or swarfe, but onely with Copperas and Gall, or with Woad and Madder.
III. None shall full in any Mill any Cap, until it be first well scoured and closed upon the bank, and half thicked (at least) in the foot-stock.
IV. The Master and Wardens of Haberdashers in London, calling to them one of the Company of Cappers, and another of the Hatmakers shall have power to search (in London, and within three miles round) all Cappers and Hatters, and to punish them that offend, by fines or othewise, as they do other offenders in that Company. The like also shall be done by Mayors and other Head-officers in other Cities and Corporations elsewhere.
V. No Hat-maker shall retain above two apprentices at once, take any for less time then seven years, in pain to suffer for every apprentice otherwise taken a moneths imprisonment without bail, and every such taking shall be void; and the party so taking shall be from henceforth disabled to have any more apprentices then one.
VI. This Act shall not restrain a Felt or Hat-maker to imploy his own children, nor extend to the making of Hats with Worsted yarn in Norwich.
* VII. Stat. 1 Jac. 17. The forfeitures and penalties given by the Statute of 8 El. 11. and also by this present Statute shall be divided betwixt the King and the prosecutor.
VIII. None shall make or cause to be made any Felt or Hat, unless he hath served seven years as an apprentice in Felt-making, neither shall he retain any other then Journey-men who have lawfully served in that art, and apprentices lawfully bound to the same, nor have above two apprentices at once, nor those for less time then seven years; in pain to forfeit five pounds for every moneth he offends contrary to this Statute.
IX. None shall retain in the art of Hat or Felt-making any person born out of the King's Dominions, in pain to forfeit five pounds for every moneth he so continues him.
X. This Act shall not prohibit parents lawfully excercising the said art, to imploy their sons in their own houses, so that they be bound apprentices by Indenture for 7 years, which may not expire, until they attain the age of 22 years.
XI. Felt-makers at the time of this Statute, and their servants may so continue, albeit they have not served seven years as apprentices.

[Page 270]

☞ Havens, Harbours, and Rivers.

I. Stat. 2 H. 6.15. None shall fasten Trinks or other Nets over Rivers to the destruction of the frie of fish, and disturbance of the common passage of vessels, in pain to forfeit 5 l. to the King: Howbeit they may use them in seasonable times, so they draw them as other fishers do their nets without fastning them, as aforesaid: And here every man's right of fishing is saved.
II. Stat. 4 H. 7.15. The Mayor of London and his successors shall have the like conservation and authority in all the issues, breaches and ground overflown, as far as the water ebbeth and floweth, grown out of the River of Thames (as touching the punishment for using unlawful nets and engines) as he hath within the same River.
* III. Stat. 23 H. 8.8. & 27 H. 8.23. Two several Acts were made to the same effect, for preservation of the Havens and Ports of Plimouth, Dertmouth, Tinmouth, Falmouth, Fowet and other Ports in Devon and Cornwall: and that none should labour in Tinworks neer the fresh Rivers of those Havens: and those who labour in Tinworks should prevent the falling of stones and gravel into those Havens upon a forfeiture: Also, if any should be troubled in the Stannery for executing this Act, such suite should be void, ☞ and if any should be imprisoned by the Stannery, he should be discharged by a Justice of Peace: saving the liberties of the Stanneries: See the Statutes at large.
* IV. Stat. 23 H. 8.18. No Fish-garthes or other engines shall be set in Owse or Humber: and with what nets men shall fish there: See this Statute at large.
* V. Stat. 27 H. 8.18. If any person do or procure any thing to be done to the annoying of Thames, making of shelpes there, by mining, digging, casting of dung, rubbish, or other thing therein, or otherwise howsoever: Or convey away any boards, stakes, timberwork, pillers, or other things from the banks or walls thereof, except it be to repair them; or undermine any banks or walls there to the damage of the said River: he shall forfeit for every such offence 5 l. to the King and the Mayor and Commonalty of London, to be recovered by the said Mayor and Commonalty.
VI. This Act shall not restrain the taking of ballast for ships in the shelpes neer the Thames, nor to carry away the gravel, earth, or rubbish found in the said shelpes. See also this Statute at large.
VII. Stat. 31 H. 8.4. The Mayor and Bailiffs of Excester may break all weares and other lets in the River of Exe, and shall pay [Page 271]to the owners and Fermors of so much ground as they shall digge, the rate of 20 years purchase, or so much as shall be adjudged by the Justices of Assize in the County of Devon. See this also at large.
* VIII. Stat. 34 H. 8.9. None shall cast or unlade out of any ship or vessel in any Haven, Rode, Channel, or River flowing or running to any Port, Town, City, Burrough, or other Town, any ballast, rubbish, gravel, or other wrake or filth, but onely upon the land above the full Sea-mark, in pain of 5 l. to be divided betwixt the King and the prosecutor.
IX. Stat. 27 El. 20. It shall be lawfull for the Mayor and Commonalty of Plimouth to dig a trench 6 or 7 foot broad through all grounds lying betwixt Plimouth and any part of the River of New, for conveying that River thither, and to repair it, and to do all other things necessary for the same, they paying the owners and farmers of the grounds so to be digged the value thereof to be assessed by two Justices of Assize. Howbeit that water shall not be conveyed through any Orchard, Garden, or to the hindrance of any Mill without the owners consent.
X. Stat. 27 El. 21. An Act concerning Oxford Haven in Suffolk.
XI. Stat. 27 El. 22. An Act for making a new channel from the City of Chichester to the suburbs there: See these two last Statutes at large.
XII. Stat. 3 Jac. 18. An Act for the making of a new trench to convey the water from Cadwell and Amwell to London.
XIII. Stat. 4 Jac. 12. An Act for the explanation of the Stat. of 3 Jac. 18. and to give power to the Mayor and Commonalty of London to convey the said water in a trunk or vault.
XIV. Stat. 14 Car. 2. cap. 27. An Act for repairing of Dover Harbour, and for such provision as was made by an Act 1 Jac. cap. 32. (exp.) certain duties are imposed, the Owners and Masters of Ships repairing thither to be paid to the Treasurer of the said Harbor, by the Collectors appointed for the same.
XV. The Master and Wardens, of the Trinity house London appointed to oversee the works of the said Harbour and to call the Treasurer and Collectors to accompt yearly for 7 years.
XVI. The Harbour being repaired, the said Master and Wardens, are to inform the Lords of the Privy-council, who may thereupon suspend further payments upon this Act.
XVII. Proviso, To exempt from any payment, all Ships and Vessels belonging to the Ports of Weymouth, and Melcome Regis, and Lyme Regis, and not to extend to any Collection exceeding 22000 l. and then to ceas.

See title Dover.

[Page 272]

☞ Hawks and Hawking.

I. Stat. 34 E. 3.22. A Hawk taken up shall be delivered to the Sheriff, who after Proclamation made in the good Towns of the County (if challenged) shall deliver her to the right owner.
II If the Hawk were taken up by a mean man, and be not challenged within four moneths, the Sheriff shall retain her, satisfying the party for taking her: But if by a man of estate, who may conveniently keep an Hawk, the Sheriff shall restore her to him again, he answering for the charge of keeping her.
III. If any do take away or conceal a Hawk, he shall answer the value thereof to the owner, and suffer two years imprisonment, and in case he be not able to answer the value, he shall remain in prison a longer time.
IV. Stat. 37 E. 3.19. He that steals and carries away an Hawk, not observing the ordinance of 34 E. 3.22. shall be deemed a Felon.

Hexhamshire.

I. Stat. 14 El. 13. Hexham and Hexamshire with the liberties thereof shall be within the County of Northumberland.

Hides see Leather.

☞ High-wayes.

I. Stat. 14. 15 H. 8.6. An Act was made for the altering of the High-ways in the weld of Kent. See the Statute at large.
II. Stat. 26 H. 8.7. The Stat. of 14. 15 H. 8. shall extend to Sussex.
III. Stat. 37 H. 8.3. An Act for the keeping of Huntington land near Chester in good repair. See the Statute.
* IV. 1 M. Parl. 2. cap. 5. Justices of the Counties of Dorset and Somerset shall assess those Countreys, towards the repair of the cawsey lying betwixt Shaftsbury and Sherborn. See the Statute.
V. Stat. 2, 3 P. M. 8. The Constable, and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday in Easter-week call together some of their neighbours, and then make choice of two within the Parish to be Surveyors of the High-ways the year following, who shall forthwith take that office upon them, in pain to forfeit 20 s. apiece: The said Constables and Churchwardens shall then also nominate four days betwixt that time and Midsummer to be set apart for the amendment of the High-ways, and [Page 273]shall give publick notice thereof in the Chuch the next Sunday after Easter.
VI. The Officers and days being thus appointed, every one having a team, or Plough-land either in arable or pasture, is chargable to send 2 able men with a team and tools convenient to work 8 hours upon every one of those 4 days, in pain to forfeit 10 s. for every day that default is made: And every Cottager is bound to work himself, or to find a sufficient labourer to work for him, as aforesaid in pain to forfeit 12 d. for every day.
VII. The Surveyors have power to appoint instead of a team, two able labourers to work, as aforesaid, who shall not fail, in pain that the party, who should send them, shall forfeit 12 d. for every day that either of them makes default.
VIII. Stewards in Leets have power to enquire after the breach of this Act, and to set fines upon such as make default at their discretion, and shall within six weeks after Michaelmas, deliver indented estreats thereof under their hands and seals, viz. one to the Bailiff or High-Constable of the Liberty, and the other to the Constables and Churchwardens of the Parish, where the default was made.
IX. In default of presentment thereof in Leets the Justices of Peace in Sessions shall inquire thereof, and set such fines as they or two of them (1 Qu.) shall think fit, whereof the Clark of the Peace shall also deliver indented estreats under his hand and seal, in like sort as aforesaid.
X. Their estreats shall be a sufficient warrant for the Bailiff or Chief Constable to levy the said fines by way of distress; and if no distress can be found, or the party do not pay the fine within 20 days after lawful demand thereof, he or they shall forfeit double so much: All which fines and forfeitures shall be imployed towards the amendment of the High-ways.
XI. The Bailiff or High-Constable, shall yearly betwixt the first of March and the last of April, render unto the Constables and Churchwardens, unto whom the other part of the estreats was delivered a true accompt of the money received by him, in pain of 40 s. and the said Constables and Churchwardens have power to call the said Bailiff or High-Constable before two or more Justices of Peace (1 Qu.) to pass his accompt, who have power to commit him until he shall have satisfied all the arrearages by him received, save 8 d. in the pound for his own fee, and 12 d. in the pound for the fee of the Steward or Clark of the Peace, and in this case the succeeding Constables and Churchwardens have the same power, that their predecessors had.
[Page 274]* XII. Stat. 5 El. 13. It shall be lawful for the Surveyors to turn a Water-course (hurtful to the High-way) into any man's ditch, or to take rubbish ready digged in or near any man's quarter; and for default of gravel, &c. elsewhere to dig in any several ground, so they forbear to dig in Houses, Orchards, Gardens, and Meadows, or to make a pit above 10 yards: but if they fill not the place again with earth (to be done at the costs of the Parish) within one moneth after it shall be so digged, they shall forfeit 5 marks to the owner of the ground, to be recovered by Action of debt.
XIII. The hedges and ditches adjoyning to the High-way shall be kept low and scoured, and the trees and bushes growing in the High-way cut down by the owners of the grounds, which shall be inclosed by the said hedges and ditches.
XIV. Instead of the four days appointed by the Stat. of 2, 3 P. M. 8.6. days shall hereafter be observed.
XV. The Surveyors, or one of them, shall present every default within one moneth after it shall be made to the next Justice of Peace, in pain of 40 s. and the said Justice of Peace shall certifie the same presentment at the next General Sessions, in pain of 5 l. where the Justices shall have power to inquire of the default, and shall set such fine upon the Delinquent, as they, or two of them, (1 Qu.) shall think fit.
XVI. Here the presentment of a Justice of Peace in Sessions, upon his own knowledge shall be a good conviction, whereupon the Justices in Sessions or any two of them (1 Qu.) may assess a fine, as well as upon a verdict of 12 men: Howbeit the Delinquent shall here be admitted to his traverse, as in other cases.
XVII. The fines assessed in Sessions shall be estreated by the Clerk of the Peace levied, accounted and imployed, as by the Stat. of 2, 3 P. M. 8. is provided.
XVIII. Stat. 18 El. 10. A Subsidy-man according to 5 l. in goods or 40 s. in lands, not chargeable towards the High-ways by the Stat. of 2, 3 P. M. 8. shall find two able men to labour in the ways, as by the said Statute is appointed.
XIX. Every person having a Plough-land in several Parishes, shall be chargeable with a team or draught in that Parish onely where he dwels: Howbeit having intire Plow-lands in several Parishes, he shall for every one of them find a team in the several Parishes where they lie, although he be not inhabitant there.
XX. Every person not scouring his Ditches, or not keeping low his hedges, trees, and bushes according to the Statute of 5 El. 13. shall forfeit for every such default 10 s. and he that scours not his ditches in the ground next adjoyning to the ground, which is next [Page 275]the High-way, to the end the water may have the better passage over the said groud next the High-way, shall forfeit 12 d. for every rod so left unscoured.
XXI. None shall cast the scouring of his ditch into the High-way, and suffer it to lie there six moneths, in pain to forfeit 12 d. for every load, and it shall be lawfull for the Surveyors to make sluces, where any such banks have been heretofore cast up.
XXII. The penalties forfeited upon this Statute shall be levied by the Surveyors for the time being by distress and sale of goods, and shall be imployed towards the amendment of the High-ways: but if the Surveyors neglect to do it within one year after the offence committed, the Constable and Churchwardens shall do it, according to the provisions of the before-recited Statutes.
XXIII. Justices of Assiz, Oyer and Terminer, Justices of Peace in Sessions, Stewards in Leets, have power to hear and determine the said offences.
XXIV. Certain provisions for the repair of King's Ferry in the Isle of Shippery, and of the ways leading thereunto.
XXV. Stat. 39 El. 19. An Act for the repair of the High-ways in the welds of Sussex, &c. used for Iron-works, wherein Justices of Peace have power to meddle. See the Statute at large.
* XXVI. Stat. 13 & 14 Car. 2. cap. 2. Stat. 2. Commissioners to be appointed by the King, under the Great Seal for surveying, ordering, enlarging, amending, making or cleansing any Vaults, Sinks, or Sewers, Pavements and amoving any nufances or encroachments, by Sheds, Stalls, Posts, or Walls, within London and Westmister.
XXVII. Provided, such nusances which be above 30 years standing shall not be removed without satisfaction to the occupiers, to be given by the Commissioners and upon difference of how much, the Barons of the Exchequer to determine the same.
XXVIII. Timber and irregular buildings to be prevented and upon conviction by view of the Commissioners or any 5 of them, to be removed within one moneth after notice, upon pain of 40 s. they shall after continue.
XXIX. Certain High-ways, and new built streets about London, to be repaired and paved, by the Commissioners, at the charge of Owners of houses thereto adjoyning.
XXX. Every load of Hay standing to be sold upon any the places new paved shall pay 6 d. and every load of Straw 2 d. towards paving and maintaining the same; the same and all fines, rents and penalties upon this Act, to be levied by distress, and defaults of distress, imprisonment of the offendors.
[Page 276]XXXI. The Commissioners for the Streets and ways, may appoint a Clark and Collector, Rakers, or Carriers away of the Ashes and Filth, and Scavengers, and call them to an accompt, and may hear and determine all differences concerning paving and cleansing the Streets.
XXXII. Scavengers, and Rakers, may appoint fitting publick and vacant places to lay the Ashes and Filth of the streets in, and and may pass through any Wharfs, Dock, or Yards, with the same giving satisfaction to the owners of such yards, upon any difference or unreasonable demand for such passage to be ascertained by the said Commissioners, wherein upon any wrong the party injured may apeale for relief by petition to the Lord Treasurer and Barons of the Exchequer.
XXXIII. The Commissioners to be accomptable for all rents, fines, and profits in the Exchequer, and there to deliver in an accompt every Trinity Term.
XXXIV. All Streets, Lanes, Allies, and places within London and Westminster, Borough of Southwark, and places adjacent to be cleansed of all Ashes, Dirt, and Filth, twice every week.
XXXV. None shall cast or lay before their doors or walls, any Sea-cole ashes, Dirt or Filth, upon pain of 5 s. nor before the houses, or walls of their neighbours, nor before any Church, Church-yard, the King's houses, nor cast the same into any publick sink or vault, within London, or Westminster, or Southwark, upon pain of 20 s. for every offence, and all Churchwardens, Keepers of White-hall, Porters of Noble-men's houses, and Keepers of Courts of Justice, shall be liable to the like penalty for their neglect therein.
XXXVI. None shall keep or cleanse Barrells, nor mend Coaches or hew Timber in the streets upon pain of 20 s. for every offence.
XXXVII. Rakers and Scavengers shall bring carts every day to receive and carry away Ashes and Filth, upon pain of 40 s. for every neglect therein.
XXXVIII. Every Justice of either Bench, Baron of the Exchequer, and Justice of the Peace, of London and Westminster, have power upon their own view or proof by one witness upon oath to convict persons offending against this Act; and to dispose the penalties towards mending and cleansing the streets, if upon proof, half to the party informing: if upon conviction by view, then the whole towards repairing and cleansing the streets, or ways, to be levied by warrant from any such Justice under his hand and seal, directed to the Constable or other Officer of the same parish, by distress and sale of his goods, and for default (if no Peer) imprisonment untill payment.
[Page 277]XXXIX. Scavengers and Rakers, within London, to be elected, and rates Assessed for their wages, according to the ancient custome, and new messuages to be rated as others, and so also within the City of Westminster, in all other Parishes and places as formerly to be chosen upon every Tuesday or Wednesday in Easter-week, and two Tradesmen shall be Scavengers in every Parish to continue for a year, who shall perform the office upon pain of 20 l. but upon refusal others shall be chosen, the said penalties to be levied and imployed for mending the streets and ways of the same Parish, by distress and sale of the offendor's goods, and imprisonment in default, by warrant as aforesaid.
XL. Within 20 days after election of such Officers, a tax or pound rate shall be made by the Inhabitants of every Parish, which being confirmed by 2 Justices of the Peace, shall be quarterly paid, upon demand by the Officers appointed, and upon refusal levied by distress and sale of the goods, by warrant from 2 Justices of the Peace, and for lack of distress by imprisonment of the Offendor (not being a Peer) until payment.
XLI. Provided, all Actions against Persons for executing this Act, shall be laid in their proper County, and the defendant may plead the general issue, and recover treble costs if wrongfully vexed.
XLII. Several houses in and about London, obstructing the common passages to be removed, and Commissioners by the King to be appointed under the Great Seal, to receive contributions for enlarging the streets and ways, and to treat with the owners for satisfaction, for pulling down the same, which Commissioners are to take an oath impartiality to execute this Act; the Lord Mayor of London, to be a joynt Commissioner with them, and the Dean of Westminster, Steward and Deputy Steward, to be also joynt Commissioners within the said liberties: This Act to continue till the end of the first Sessions of the next Parliament.
XLIII. Stat. 14 Car. 2. cap. 6. For enlarging and repairing common High-ways, Surveyors shall be chosen upon Munday or Tuesday in Easter-week yearly in every parish, upon pain of 5 l. for default thereof.
XLIV. The said Surveyors shall within 20 days after Election view all the High-ways, and Bridges within their Parish, and consider of needful reparations, and thereupon with 2 or more substantial Householders make an assessment, for repair thereof, not exceeding 6 d. in the pound for one year, 20 l. stock to be rated as 20 l. per annum, which being allowed by some Justice of the Peace shall be paid within 20 days after demand by the Surveyors, [Page 278]upon pain of forfeiture of double so much, unless upon complaint to the said Justice, he shall think fit to alter the same.
XLV. The Surveyors shall cause all nusances in High-ways, or Ditches, and water-courses not scoured to be amended, and the offenders punished by law, and deduct their charges for prosecution thereof, and may yearly between the 1 of May and the last of August, hire labourers, carts and carriages for that purpose.
XLVI. They may appoint persons to work in the High-ways according to former laws, and Carts and Carriages for more days, then by former laws directed, paying according to the rates of the Country, and one Justice of Peace, may upon questions of value determine the same; and upon neglect or refusal of any person charged, he shall forfeit 10 s. for a Team a day, and 18 d. for a labourer. Provided none be charged for lands, and stock which he useth upon the same.
XLVII. The Surveyors within their Parishes, by order from the quarter Sessions, and upon view, and by consent of 2 Justices authorised by the said Sessions under their hands and seals in writing may enlarge any High-way, not of (to the) breadth 8 yards, out of the sale of the owner in such manner as by the Act appointed.
XLVIII. In case of want of gravel sand, &c. in one Parish it may be digged in the waste of another, filling up the pit again, if required.
XLIX. In case of want of gravel sand, or other materials in any Common, or Waste, of any Parish, the same may be digged in the soile of any owner, the same not being a House, Orchard, Garden, Court-yard, Park with deer, or Meddow, rendring damages to the owner for digging and filling again the pit.
L. No travelling Waggon, Wain, or Carriage for hire, (other then carriage for Husbandry & managing lands, carrying Hay, Straw, Corn unthreshed, Coal, Chalk, Timber for Shipping, materials for building, stones, Amunition and Artillerie for the King's service) shall go in any High-way with above 7 Horses whereof 6 by paiers, and not above 8 Oxen, or six and two Horses by paires: nor carry above 2000 weight between 1 October, and 1 May: nor above 3000 between 1 May, and 1 October: nor above 8 quarters of Barley, Mault, or Oates: nor with any wheeles less then 4 inches broad in the tyre, upon pain of 40 s. one third part whereof shall be to the Surveyors, one other third part to the poor of the Parish, and the other third part to the discoverer, to be levied by distress and sale of the offenders goods, if payment be not made within 3 days; and the offences aforesaid declared common nusances.
LI. Suits against any Officers for any thing done upon this [Page 279]Act shall be tried in their proper Counties: the defendant may plead the general issue and if wrongfully sued recover double costs.
LII. All moneys assessed, and charitable gifts for mending, the High-ways, Pavements, &c. and all fines and forfeitures not otherwise disposed by this Act: and all amerciaments upon Parishes for repairing High-ways shall be imployed by the respective Surveyors within their respective Parishes, by warrant under their hands and seals, and levied by distress and sale of the offendors goods as aforesaid.
LIII. All Surveyors shall within one moneth after their year expired give in an accompt under their hands in writing to the parish of all their receits and disbursements, and of all arreares, fines, forfeitures, penalties, and charitable gifts, and pay what remains in their hands, to the succeeding Surveyors: and upon default and complaint to any 2 Justices of the Peace near the said Parish, the said Justices shall commit the party offending to prison till a true accompt be made.
LIV. Justices of Oyer and Terminer, and of the Peace, may enquire of, hear and determine matters of Charitable gifts for mending High-ways, and also all offences in Surveyors and other concerning High-ways, and make orders therein: Provided persons grieved by such orders may appeal to the Chancery, as upon decree upon the Statute of charitable uses.
LV. No certiorari shall be allowed to remove any information indictment or other proceedings in the quarter Sessions touching any matter in this Act unless the Parties prosecuted, give security to the prosecutors to pay them their costs and damages.
LVI. Proviso, touching the lessees of the Iron works in Surroy, Sussex, and Kent.
LVII. Proviso, not to lay any new charge, where the Justices, at the quarter Sessions, or two Justices near the Parish shall be satisfied that the High-ways may be sufficently repaired without help of this Act.
LVIII. Tenants and Occupiers are to pay Assesments for High-ways.
LIX. The power of Assessing to continue onely for 3 years.
LX. All other powers continued till the end of the first Session of the next Parliament, and no longer.
LXI. Stat. 15 Car. 2. cap. 1. Stat. 3. An Act appointing speciall Commissioners with power, to oversee and repair the High-ways, within the Counties of Hertford, Cambridge, and Huntingdon, leading from London to York, and into Lincolnshire, and for gathering a certain Toll for the same, viz. for Hertfordshire at Wades Mill, [Page 280]for Cambridge at Caxton, and for Huntingdonshire at Stilton, and not elsewhere: vid. the Act.
LXI. Stat. 16 & 17 Car. 2. An Act for continuance of a former Act for repairing the High-ways within the County of Hertford, for 21 years from the time mentioned in the said Act.

☞ Holy-days and Fasting-days.

I. Stat. 2, 3 E. 6.19. An Act prohibiting flesh to be eaten on fish-days: But see a greater penalty inflicted, 5 E. 5. Infra in Ships.
II. Stat. 5, 6 E. 3.3. Holy-days and Fasting-days are appointed: But 1 M. Parl. 1. Cap. 2. this Act is repealed: And afterwards by 1 Jac. 25. 1 M. is repealed and therefore Quaere, whether it be now in force unless it had been revived by special words.
III. Stat. 1 Car. 1. All concourse of people out of their own Parishes for any pastime whatsoever: as also Bear-baitings, Bull-baitings, Enterludes, Common-plays, and all other unlawful pastimes, are prohibited on the Lord's-day.
IV. The Offender against this law being thereof convicted by the view of one Justice of Peace (in the Countrey) or by a chief Officer (in a Corporation) or by his own confession, or by the oath of one witness before one such Justice or Officer, shall forfeit 3 s. 4 d. to the use of the poor where the offence is committed, to be levied by distress and sale of goods (upon warrant from the same Justice or Officer) by the Constables or Churchwardens of the same Parish, and in case no distress can be had, the Offendor shall sit in the stocks 3 hours: but this offence ought to be prosecuted within one moneth after it shall be committed: And if the Officer be questioned, he shall plead the general issue, and yet give special matter in evidence.
* V. Stat. 3 Car. 1. No Carier with his Horse, Waggoner with his Wagon, Car-man with his Cart, Wain-man with his Wain, or Drover with his Cattel shall travel upon the Lord's-day, in pain to forfeit 20 s. for every such offence.
VI. No Butcher shall kill or sell any victual upon the same day, in pain of 6 s. 8 d.
* VII. Here, the conviction of the Offender and the levying and imployment of the forfeitures are the same with those of the former Statute: save onely, that here two witnesses are necessary, and the forfeitures may also be recovered by a prosecutor in the Sessions of the County or Corporation, where the offence was committed: and in that case the Justice or Head-Officer may [Page 281]allow the prosecutor part of the forfeitures, but not above a third part.
VIII. This Action shall be prosecuted within six moneths: and here also the Officer may plead the general issue.

Homage and Fealty.

I. Stat. 17 E. 2. When a Free-man doth homage to his Lord, of whom he holdeth in chief, he shall hold his hands between the hands of his Lord, and say thus: ‘I become your man from this time forth for life, for member, and for worldly honour, and shall ow you my faith for the lands that I hold of you, saving the faith that I ow unto our Lord the King, and to mine other Lords.’
II. When a Free-man doth fealty to his Lord, he shall hold his right hand upon a Book, and shall say thus: ‘Hear you my Lord R. that I P. will be to you both faithful and true, and shall ow my fidelity unto you for the Land that I hold of you, and lawfully shall do such customs and services as my duty is to you at all terms assigned: so help me God, and all his Saints.’
III. When a Villain shall do fealty unto his Lord, he shall hold his right hand over the Book, and say thus, ‘Hear you my Lord A. that I B. from this day forth unto you shall be true and faithful, and shall ow you fealty for the Land, I hold of you in Villenage, and shall be justified by you in body and goods: so help me God and all his Saints.’

Honours.

I. Stat. 31 H. 8.5. An Act for the making of the Mannor of Hampton-Court (with divers Mannors and Lands thereunto annexed) an Honour, and the King shall have a free Chase and Warren there: also the offenders there shall be punishable as in any other Forest or Chase; all which are to be in the survey of the Court of Augmentations; and Shipton is annexed unto the Dutchy of [Page 282] Cornwal in lieu of Bifleet and Weibridge taken away by this Act from the said Dutchy.
II. Stat. 33 H. 8.37. An Act for the making of the Mannor of Amphthil in Com. Bed. an Honour, and for annexing divers lands in Com. Bed. and Buck. to the said Honour with other Articles concerning that Mannor, which said lands are appointed to the survey of the Court of Augmentations.
III. Stat. 33 H. 8.38. The like for the Mannor of Grafton in Com. North. See the Statutes at large.

Hops.

* I. Stat. 1 Jac. 18. None shall bring or cause to be brought into this Realm from forein parts any hops deceitfully mixt with any soil whatsoever, in pain to forfeit the hops so brought in; neither shall any buy such hops (so brought in, or growing within the Realm) and imploy them in brewing, in pain to forfeit the value thereof: which said forfeitures shall be divided betwixt the King and the prosecutor.

Horners.

* I. Stat. 4 E. 4.8. No stranger shall buy any English horns unwrought gathered or growing in London, or within 24 miles thereof: The Wardens of Horners in London may search all ware belonging to their Mystery, in London, and within 24 miles thereof. And in Sturbridge and Ely Fairs: See the Statute at large: But note that this Statute is repealed by 1 Jac. 25. Howbeit it is recited in part revived by 7 Jac. 14. as followeth.
II. Stat. 7 Jac. 14. The Act of 4 E. 4.8. and every part thereof (except power of search in the Fairs of Sturbridge and Ely, and the limitation of such prices for horns, as they were to be had for at the making of the said Act) shall be revived, and be of like force as if it had been repealed by 1 Jac. 25.
III. None shall sell English horns unwrought to any stranger, nor send any such horns beyond Sea, in pain to forfeit the double value thereof, to be divided betwixt the King and the prosecutor.

[Page 283]

☞ Horses, Mares, and Cattel.

* I. Stat. 20 R. 2.5. None shall take the horse or beast of any to serve the King without the owner's consent or sufficient warrant, in pain to be imprisoned, until he recompence the party grieved.
* II. Stat. 11 H. 7.13. None shall convey any horse out of the Realm without the King's licence, in pain to forfeit the same; nor any Mare above the value of 6 s. 8 d. in pain to forfeit her, the owner thereof receiving 6 s. 8 d. for her at the time of the seisure, otherwise that also is to be forfeited: and here, the Mare immediately after seisure is to be appraised and sold by the chief Officer there, and her price (above the 6 s. 8 d.) is to be divided betwixt the King and the seizer; and the King's part thereof to be delivered to the Customer of the Port there.
III. None shall convey any Mare out of this land under 3 years old, or worth above 6 s. 8 d. and for those he may convey, he shall pay the usual Custom.
IV. For every Mare (above that value) to be transported beyond Sea by the King's licence, the Custom shall be 6 s. 8 d. which shall be paid before she be shipped, in pain to forfeit her.
V. If any at the Port will for any such Mare of under-value give 7 s. and pay for her, he shall have her, if she were not before taken by the King's Officer, or the King's licence for transporting her were not before obtained.
VI. This Act shall not prohibit any to transport beyond Sea (without the King's licence) any horse for his own use, he making oath before the Customer or searcher of the Port, that he intends not to sell him.
VII. Stat. 27 H. 8.6. Every one having inheritance or freehold in a Park kept for Deer, and a mile about, or his Farmor shall keep two Mares apt and able to bear foals, each of them being 13 hands high, from the lowest part of the hoof to the highest part of the shoulder, and each hand containing 4 inches in pain of 40 s. for every moneth they want them; and if the Park be 4 miles about, they shall keep four such Mares upon the like pain.
VIII. If any of the Mares die, they have three moneths given them to provide another, without danger of incurring the said penalty.
IX. They shall not suffer their Mares to be leapt by any [Page 284]stoned-horse under 14 hand high, in pain of 40 s.
X. The said forfeitures are to be divided betwixt the King and the prosecutor.
XI. This Act shall not extend to Westmerland, Cumberland, and Northumberland, nor the Bishoprick of Durham, nor to Parks, wherein the Inhabitants of the Town next adjoyning have Common.
XII. Spiritual persons may sell the increase and breed of their Mares, notwihstanding this Act.
* XIII. Stat. 32 H. 8.13. None shall put to feed upon Forests or Common ground any stoned horse being above two years old, and not 15 hand high from the lower part of the hoof to the upper part of the whither (every hand containing 4 inches standard measure) in pain to forfeit the same horse.
XIV. It shall be lawful for any man to seize to his own use any stoned horse of lesser stature put to feed upon any such Common ground, as aforesaid, so that first by the assistance of the Keeper of the ground, or Constable, Bailiff, Headborough, or other such officer of the Parish adjoyning) such horse be brought to the next Pound, and there by the Officer, and in the presence of three other sufficient men) be measured and found lower then the Statute.
XV. Those that refuse to measure, or to be present at measuring of such horse, shall forfeit 40 s. a piece for every such default, to be divided betwixt the King and the prosecutor.
XVI. An horse that makes an escape into such Common, shall not be questioned, so that he stay not above 4 days after notice thereof given at the owner's house, or in his Parish Church.
XVII. Forests and Common-grounds shall be driven yearly at Michaelmas or within 15 days after, by the Keepers or Officers aforesaid, in pain of 40 s. who have also power to drive them at any other time of the year at their pleasure, such power likewise have the owners of such grounds; and here, upon the drift, if any unlikely Tits shall be found, they shall be killed.
XVIII. Justices of Peace in Sessions have power to hear and determine these offences, but Stewards of Leets onely to take presentments of them, which they shall certifie in at the next general Sessions, or to the Custos Rotulorum, in pain of 40 s.
XIX. None shall put upon Common grounds or Common fields any scabbed or infected horse, in pain to forfeit 10 s. to the Lord of the Leet.
XX. This Statute shall not restrain keeping of horses under the statute upon Commons, where Mares are not usually kept.
[Page 285]XXI Stat. 1 E. 6.5. None shall convey, sell or deliver any horse into Scotland, or any other forein Country (without the King's licence, or for his service in the wars) in pain to forfeit such horse, and 40 l. to be divided betwixt the King and the prosecutor.
XXII. Wardens of the Marches and Justices of Peace in Sessions have power to hear and determine these offences, and it shall be lawful for any of the King's subjects to arrest or imprison any Scotch-man or other, that shall convey any horse contrary to this Act.
XXIII. He that hath the King's licence to convey Horses into Scotland shall (before he so convey them) shew his licence to one of the Wardens of the Marches (to the end that the number of them may be Kalendred) in pain to forfeit his horses or the double value of them to be divided betwixt the King and the prosecutor.
XXIV. This Act shall not restrain the Warden of the Cinque-Ports to give 6 horses or geldings, and no more, to any person beyond Sea, being within the King's Amity: neither shall it impeach the Master of the King's horses in any Commodity, that concerns his office; nor any other for conveying beyond sea Mares not exceeding the value of 10 s.
XXV. Stat. 8 El. 8. The Statute of 32 H. 8.13. shall not restrain the keeping of stoned horses of a lower stature in the Fen grounds of the Isle of Ely, and of the Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk or Suffolk, so that the horses there kept, be not under 13 hands high.
XXVI. Stat. 21 Jac. 28. The Statute of 32 H. 13. shall not extend to the County of Cornwal.

☞ Hospitals and Hospitallers.

I. Stat. 2 H. 5. Stat. 1. cap. 1. The Ordinary shall have power to inquire of and reform the foundation, estate and government of Hospitals, viz. Those of the King's patronage or foundation, by Commission, and shall return the inquisitions thereof into the Chancery: But those of others, he shall do it ex officio.
II. Stat. 2 H. 6.2. That the Hospital of S. Leonards in York may gather their Thraves of Corn, as formerly, and upon denial have an Action of debt for the same: See the Statute.
III. Stat. 13 El. 17. That the Earl of Leicester may found an Hospital in Warwick or Kenelworth for relief of poor and impotent [Page 286]people; which Hospital shall have capacity to purchase Lands in any County of England, not exceeding 200 l. per annum, and not holden of the Queen by Knight-service in capite, or by Knight-service not in chief.
IV. Stat. 14 El. not printed, for the assurance of all grants made and to be made for the poor in Hospitals, &c.
V. Stat. 18 El. Two Acts were made, but not printed, the one for the Hospital of S. Cross near Winchester, and the other for one at Leicester.
VI. Stat. 27 El. Also two Acts (not printed) the one for the Hospital of Christ at Sherbourn in Bishoprick, and the other for that of Eastbridge in Canterbury.
VII. Stat. 39 El. 5. It shall be lawful for any person within 20 years next insuing (by deed inrolled in Chancery) to erect and found an Hospital or house of correction, to have the same continue for ever, and for him, his heirs and assignes, to place such head and members, and such number of poor, as they please, which said Hospital or house so founded shall be incorporated, and have perpetual succession for ever, which Corporation shall have power to purchase goods and Chattels, also lands not exceeeding the value of 200 l. per annum, nor held by Knight service, or in chief of the Queen; and all this without licence, or the writ of ad quod damnum, the Statute of Mortmain, or of any other to the contrary.
VIII. They shall also have power to sue and be sued in all Courts, and to have such a common seal or seals as the Founder, his heirs or assigns shall appoint, by which they may seal all Instruments which concern the said Corporations.
IX. They shall also be visited and ordered by such person or persons as the said Founders, their heirs or assigns shall nominate, according to the Statutes of the Foundation, being not repugnant to the Laws and Statutes of this Realm: Howbeit the Founder, his heirs and assigns upon the death or removal of any head or member, shall have power to place another in their stead.
X. Provided, that all leases and estates made by any such Corporation for above 21 years, and that in possession, and whereupon the accustomed yearly rent for the greater part of 20 years before shall not be reserved, and yearly payable shall be void.
XI. The right of all persons, save of the Founders their heirs and successors, is saved.
XII. This act shall not inable Infants, Femes covert without their husbands, or persons not of sane memory, to make such Corporations, or to endow the same.
[Page 287]XIII. No such Corporation shall be made, unless the same be (upon the foundation thereof) endowed with lands of the clear yearly value of 10 l. per annum.
XIV. Provided, that the Corporations aforesaid shall not by force of this Act do or suffer to be done any thing in prejudice thereof: but such construction shall be made thereof as shall be most beneficial for the maintenance of the poor, and for avoiding of all divices which may be invented or put in ure contrary to the true meaning thereof.
XV. Stat. 39 El. 6. Commissions may be awarded to certain persons to inquire of lands or goods given to Hospitals, or other charitable uses, mis-imployed, and to reform them: But this Act was afterwards repealed by 43 Eliz. 4. saving for the execution of orders and decrees before made by Commissioners according to the Statute.
XVI. Stat. 43 El. 4. It shall be lawful for the Lord Chancellor or Keeper for the time being, and for the Chancellor of the Dutchy of Lancaster (within that precinct) to award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor (if any at that time) and to other persons of good behaviour, authorizing four or more of them to inquire as well by the oaths of twelve or more lawful men, as otherwise, of all grants, gifts, assignments, limitations and appointments, and of all abuses and mis-imployments of all lands, tenements, and hereditaments; and of all goods and chattells given, limited or appointed to charitable uses.
XVII. The Commissioners having called the parties interessed, made inquiry by the oathes of such 12 men or more (unto whom lawfull challenge may be made by the parties so interessed) and set down such orders and decrees therein, that the things so given to charitable uses may be faithfully imployed, the orders and decrees so made (being not repugnant to the Statutes of the Founders or Donors) shall stand firm, and be executed accordingly, until they shall be altered by the Chancellor, Keeper, or Chancellor of the said Dutchey respectively, upon complaint made to them thereof by the party grieved.
XVIII. This Act shall not extend to any thing given to any Hall or Colledg in the Universities, or to the Colledges of Westminster, Eaton or Winchester, or to any Cathedrall Church, or to any City or Town Corporate, or to any lands or tenements given to the uses aforesaid, in any such City or Town, where there is a special Governour or Governours to govern things disposed to such uses, or to any Colledg, Hospital or Free-School, having special [Page 288]Visitors or Governours appointed by the Founders.
XIX. This Act shall not be prejudicial to the Ordinary or his jurisdiction.
XX. None having the thing in question, or pretending title thereunto, shall be either Commissioner or Juror.
XXI. This Act shall not impeach any purchaser (bonâ fide) of things given to charitable uses, not having notice thereof: Howbeit (in that case) the party or parties (who have broken their trust in selling the same) their heirs, executors and administrators shall make satisfaction by the Decree of the said Commissioners, if they have left assets, or so far as the assets so left shall extend.
XXII. The Commissioners shall not meddle with any lands conveyed or come to the hands of H. 8. E. 6. Qu. M. or Qu. El. unless the grant to charitable uses were made since the beginning of Queen Elizabeth's reign.
XXIII. The Orders, Judgments and Decrees shall be certified into the Chancery or Dutchy Court (as the case shall require) under the Commissioners Seals within such time as shall be limited in their Commissions: And the said Lord Chancellor, Keeper, or Chancellor of the Dutchy (respectively) shall take such order for the due execution of the said Decrees, as to them shall seem fit.
XXIV. If the party against whom the Decree is past, conceive himself injured thereby; upon complaint thereof to the said Chancellor, Keeper, or Chancellor of the Dutchy (respectively) he shall have redress, if there be cause; but if not, they shall award good costs against him for complaining without cause.

Hounslo-Heath.

I. Stat. 37 H. 8.2. Hounslo-Heath in Com. Midd. which contains 4293 acres, and one rood of ground extendeth into several Parishes: so much thereof as is the King's inheritance, and is meet for tillage, pasture, meadow, or other several ground, shall be of the nature and condition of Copy-hold land, or the same may be let by the Steward of the Mannor at will, or for 21 years, which lessee shall and may improve it.

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Hull.

I. Stat. 33 H. 8.33. The Statute of 27 H 8.3. (which was made for the taking away of certain customs that the Mayor and Commonalty of Hull took for fish) is repealed: but by this they may take of every person priviledged for a last of hering, 20 d. for an hundred of salt fish 4 d. and for a last of Sprats 8 d. And of one not priviledged, for a last of hering 2 s. 4 d. for an hundred of salt fish 4 d. and for a last of Sprats 8 d. as they did before.

Hundreds.

I. Artic. super Chartas, 14, 28 E. 1. Bailiwicks and Hundreds shall not be let to farm at over great summs, whereby the people may be over-charged by making Contributions to such Farms.

☞ Hunters and Hunting.

* ☞ I. Stat. 13 R. 2.13. No lay-man who hath not lands of 40 s. per annum, nor Clerk who hath not 10 l. revenue per annum shall have or keep any Grey-hound, Hound, Dog, Feret, Net, or Engine to destroy Deer, Hares, Conies, or any other Gentleman's game, in pain of one whole years imprisonment which Justices of Peace shall have power to inflict.
II. Stat. 19 H. 7.11. None shall keep any Deer-hays or Buck-stalls, save in his own Forest or Park, in pain to forfeit for every moneth they are so kept, 40 s. neither shall any stalk with any bush or beast to any Deer, except in his own Forest or Park, in pain of 10 l.
III. None shall take an old Heron, without his own ground, in pain of 6 s. 8 d. nor a young Heron, in pain of 10 s. for which forfeitures every man that will may sue by Action of debt, or otherwise.
☞ IV. Any two Justices of Peace in Sessions may examine the Offendors aforesaid, and commit them to prison, till they have satisfied the said forfeitures, whereof the said Justices are to have the tenth part.
☞ * V. Stat. 14 15 H. 8.10. None shall trace, destroy or kill any Hare in the snow; And Justices of Peace in Sessions and Stewards in Leets have power to inquire of such Offenders, and [Page 290]shall assess upon every such Offender 6 s. 8 d. which penalty assessed in Sessions shall go to the King; but in a Leet, to the Lord thereof.
* VI. Stat. 3 Jac. 13. None shall (without the owners licence) kill or chase any Deer or Conies in any Parks or inclosed grounds, in pain to suffer three moneths imprisonment, to pay treble dammages to the party grieved, to be assessed by the Justices, before whom he shall be convict, after the said 3 moneths expired, and to be bound with 2 good sureties to the good behavior for 7 years after, or to reman still in prison, till he find such sureties; but here the party grieved (being satisfied) hath liberty to release the behavior.
☞ VII. Justices of Oyer and Terminer, Assize, and Peace in Sessions have power to hear and determine these offences, and Justices of Peace in Sessions (upon confession and satisfaction to the party grieved) have power to release the behavior.
VIII. If any person, not having 40 l. per annum, in lands, or 200 l. in goods, or some inclosed ground used for Deer or Conies worth 40 s. per annum at least, shall use any gun, bow or cross-bow to kill any Deer or Conies, or shall keep any buck-stall, feret, dog, net, or other engine, it shall be lawful for any person (having lands worth 100 l. per annum) to take such gun, &c. from any such person, and to convert the same to his own use.
IX. This Act shall not extend to any Park or inclosed ground hereafter to be made or used for Deer or Conies, without the King's license.
X. Stat. 7 Jac. 13. It shall be in the election of the party grieved, whether he will take for satisfaction 10 l. in money, or treble dammages, as by the Statute of 3 Jac. 13. is limitted.
* XI. Stat. 13 Car. 2. ca. 10. None shall unlawfully course, kill, hunt or carry away any Deer, in any Forest, Chace, Purlieu, Wood, Park, or other ground, where Deer have been usually kept within England and Wales, without the consent of the owners or party chiesly trusted with the custody thereof or be aiding or assisting therein, upon pain, being convicted by confession, or one witness, before any Justice of the Peace within 6 moneths after the offence, of 20 l. to be levied by distress, by warrant of the said Justices; one moiety to the informer, the other to the owner of the Deer: and for want of distress, to be committed for 6 moneths to the house of Correction, or common Gaol for one year, and not discharged till sufficient sureties be given for their good behavior.
XII. Provided that upon punishment by this Statute, the penalty of no other law be incurred.

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☞ Husbandry.

I. Stat. 4 Jac. 11. The Owners and Farmers of lands in Marden, Bodenham, Wellington, Sutton, S. Michael Sutton, S. Nicholas Murton upon Lugge, and Pipe in the County of Herreford, may inclose some part thereof; with divers other provisions for the better improvement of those places. For which, see the Statute at large.
II. Stat. 7 Jac. 18. All persons within Devon and Cornwal may fetch sea-sand for the bettering of their land.
III. Boat-men may fetch sea-sand and cast it out of their boats, where it hath been used to be landed, and carry the same thorow usual wayes: See the Statute.
IV. Stat. 15 Car. 2. ca. 5. Vid. Trade.

Identitate nominis.

I. Stat. 37 E. 3.2. IF the Lands, Goods, or Chattels of any person (outlawed for want of a good declaration of his Sirname) shall happen to be seized by any of the King's Officers, he may have a writ of Identitate nominis, to discharge them, as hath been used in times past: And in such case, the Officer shall take security without fee of the party, to answer to the King the value of the thing so seized, if he cannot discharge them: and if the Officer be attainted of doing otherwise, he shall pay double dammages to the party grieved, and be also grievously punished to the King.
II. Stat. 9. H. 6.4. A writ of Identitate nominis shall be maintainable by executors, as well as by the testator himself if he were living.

Jeofaile.

I. Stat. 32 H. 8. cap. 30. After an issue tried there shall be judgment given netwithstanding any Jeofaile or mispleading.
II. Stat. 18 El. 14. After Verdict given in any Court of Record there shall be no stay of judgment or reversing thereof for want of form in any writ original or judicial, Count, Declaration, Plaints, Bill, Suit, or Demand, or for want of any writ original or judicial, or by reason of any imperfect or insufficient return of the Sheriff, or other Officer, or for want of any warrant of Attorney, [Page 292]or for any default in progress upon or after Ayd, prayer or Voucher.
III. This Act shall not extend to any writ, declaration or suit of appeal of felony, or murther, or to any Indictment, or presentment of felony, murther, treason, or other matter, or to any process upon any of them, or to any writ, bill, action, or information upon any penal Statute.
IV. Provided, that all Attorneys in any suit, in a Court of Record shall deliver in the Warrant of Attorney in such suit, to be entred or filed of Record, as by the Law and Statutes of this Realm they ought to do, in pain to forfeit 10 l. to be divided betwixt the Queen and the Officers where the warrant should have been so filed, and to suffer imprisonment by the discretion of the Justices of the Court where the default is made.
V. Stat. 21 Jac. 13. After Verdict given in any Court of Record, the Judgment thereupon shall not be stayed or reversed for any variance in form onely between the original writ or bill and the declaration, plaint or demand, or for lack of an averment of the parties life, or lives, so as it be proved he or they be in life, or for that the Venire facias, Habeas corpus, or distringas was awarded to a wrong Officer, upon any insufficient suggestion, or that the visne was in some part misawarded, or sued out of more or fewer places than it ought to be, so as some one place be right named, or for mis-naming any of the Jurors, either in the sir-name or Addition in any of the Writs or returns thereof, so as constat de persona, or for want of a return of any of the said writs, so as a pannel be returned and annexed thereunto, or for that the Officer's name is not set to the return, so as as it appear by proof that the writ was returned by him, or by reason that the Plaintiff in any Ejectione firmae, or in any personal action, being under age, did appear by Attorney, and the verdict pass for him.
VI. This Act shall not extend to any Writ, Declaration, or Suit of appeal of felony, murther, nor to any indictment or presentment of felony, murther or treason, nor to any process upon any of them, nor to any Writ, Bill, Action, or Information upon any penal Statute.

Isle of Wight.

I. Stat. 4 H. 7.16. None shall take more Farms then one in the Isle of Wight, which one shall not exceed ten marks in yearly value in pain of 10 l.
II. If any have several Farms above that value, he shall keep [Page 293]one or more of them at his Election, so as what he so keeps, exceed not that value.
III. Such as have been at charge with their Farms in fines or repairs shall be indemnified.

Incontinency of Priests.

* I. Stat. 1 H. 7.4. The Ordinary shall punish Priests, Clerks, and Religious men for incontinency by imprisonment according to the quantity and quallity of their trespass.

Incumbent.

I. Stat. 13 R. 2.1. The Statute de clero, 25 E. 3.3. touching the examination of the King's title to a Benefice, when he presenteth in another's right, is confirmed, which see in Advowson.
II. When the King presenteth to a Benefice full of an Incumbent, his presentee shall not be received by the Ordinary, until the King hath recovered his presentment by Law.
III. If the King's presentee be received, and the Incumbent put out without process, the Incumbent shall begin his suit within a year after the Induction of the said presentee.
IV. Stat. 4 H. 4.22. Where an Incumbent is put out without due process, he shall be at large to sue for his remedy by the Statute of 13 R. 2.1. at what time he pleaseth within or after the year.

Indicavit.

I. Stat. 34 E. 1. No writ of Indicavit shall be granted before the suit hanging in the spiritual Court between the parties be recorded, and that the Lord Chancellor be certified thereof by the fight of the Libel.

☞ Indictments.

I. West. 2 Cap. 13. 13 E. 1. Sheriffs, Bailiffs of Franchises, and others that take Inquests of Malefactors, shall do it by at lest 12 lawful men, who shall put their seals to such inquisitions, and the said Officers shall imprison such malefactors.
II. If they imprison any without such Inquests, the party grieved [Page 294]shall maintain an action of false imprisonment against them.
III. Stat. 1 E. 3. Stat. 2. cap. 17. Sheriffs, Bailiffs of Franchises, and others, who take Indictments, shall do it by Roll Indented, whereof one part shall remain with the Indictors, and the other with him that takes them; so as one of the Inquest may have one part thereof to shew to the Justices when they come to make deliverance.
IV. Stat. 25 E. 3. Stat. 5.14. After one is indicted for Felony before the Justices of Oyer and Terminer, the Sheriff shall be commanded to attach his body by a Capias, and if the Sheriff return a Non est inventus, another Capias shall issue out (returnable in three weeks) whereby the Sheriff shall have power to seize his chattels, and to keep them until the said return, and then also, if the Sheriff return a Non est inventus, an exigent shall be awarded, and the chattels shall be forfeit: but if he yield himself, or be taken by the Sheriff or other Officer before the return of the second capias, his goods and chattels shall be saved.
V. Stat. 11 H. 4.9. No Indictments shall be made but by Inquest of lawful men returned by Sheriffs, Bailiffs of Franchises or other Officers who ought to do it, without having them nominated by other persons to the said Officers: and all Indictments otherwise found shall be void.
VI. Stat. 3 H. 7.1. pars inde. Justices of Peace may take (by discretion) an inquest, whereof every man shall have lands of the yearly value of 40 s. to inquire the concealments of a former Enquest, taken before them or others, of matters inquirable or presentable before them, and whereof complaint shall be made by Bill.
VII. Stat. 37 H. 8.8. pars inde. These words, Vi & armis, viz. cum baculis, cultellis, arcubus, & sagittis, or the like, shall not of necessity be put into any inquisition or indictment, but they shall be adjudged good, notwithstanding those words are therein omitted.

☞ Infections.

* I. Stat. 12 R. 2.13. None shall cause to be cast any garbage, dung, intrails, or any other annoyance, into the Ditches, Rivers, Waters, or other places within or near any City, Burrough, or Town, or the suburbs thereof, in pain to be called by Writ before the Chancellor; and, if found guilty, to be punished at his discretion.

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☞ Informers.

I. Stat. 18 El. 5. An Informer shall exhibit his suit in proper person, and pursue it by himself, or by his Attorney in Court, and that by way of information, or original Action, and shall have no Deputy: and all this in pain of 10 l. and the Pillory.
II. A note of the time of exhibiting the information shall be truly taken, and from thenceforth it shall be accounted to be of Record, before which time no process shall issue out upon it.
III. The Clark that makes out the process, shall indorse the Informer's name, and also the Statute, upon which the Information is grounded, in pain of 40 s.
IV. No Jury shall appear at Westminster for a tryal upon any penal Law, when the offence was committed above 30 miles from Westminster, except the Attorney General, for some reasonable cause require the same.
V. No Informer shall compound with any Defendant before answer, nor then, but by consent of Court, in pain of 10 l. and the Pillory.
VI. Where the Informer delayes or discontinues his suit, or otherwise is non-suit or overthrown, the Court shall assign costs to the Defendant, to be immediately levied by execution issuing out of the same Court.
VII. Justices of Oyer and Terminer, Assize, and Peace in their Sessions have power to hear and determine these offences.
VIII. This Act shall not restrain Actions brought for Maintenance, Champerty, buying of title, or Imbracery, nor any certain person, or body Politique, to whom any forfeiture or penalty is specially limited, nor certain Officers, who have lawfully used to exhibit informations.
IX. Stat. 29 El. 5. in fine. If any shall be sued upon any penal Law in the King's Bench, Common Pleas, or Exchequer where such person is bailable by law, or may appear by Attorney, the person so sued shall at the day contained in the first process appear by Attorney to defend the same, and shall not be urged to personal apparence, or to put in bail to answer the same.
X. Stat. 31 Eliz. 10. The said clause of 29 Eliz. 5. shall only extend to natural born subjects or free Denizons, and none others.

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☞ Inrolments.

I. Stat. 6 R. 2.4. Deeds that were inrolled, and late torn or imbezeled by Rebels in the late Insurrection, being exemplified shall be of the same force, as the deeds themselves would have been, if they had been extant.
II. Stat. 27 H. 8.16. Bargains and sales, to raise an use of Inheritance or free-hold, must be by deed indented and inrolled within six moneths after the date thereof, in some Court of Record at Westminster, or in the County where the land lyeth, before the Custos Rotulorum, two Justices of Peace, and the Clerk of the Peace, or two of them, whereof the Clerk to be one: And here the fee to be paid for such inrolment, when the land is not worth 40 s. per annum is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present, and the Clerk of the Peace who ought to inroll them in parchment, and to deliver them unto the Custos Rotulorum within one year after.
III. This Act shall not extend to lands, tenements, or hereditaments in Corporations where an Officer or Officers there have lawfully used to inrol deeds or other writing.
IV. Stat. 34. 35 H. 8.22. All Recoveries, deeds inrolled, and releases acknowledged or taken before any Officer or Officers of any Corporation, having authority to receive the same, shall remain in force, notwithstanding the Statute of 32 H. 8.28. which see in Leases.
V. Stat. 5 El. 26. All inrolments of such writings indented, as are mentioned in the Statute of 27 H. 8.16. of lands, &c. in the Counties of Lancaster, Chester, and the Bishoprick of Durham, being inrolled within six moneths after the Date thereof (viz. those in Lancashire, in the Chancery at Lancaster, or before the Justices of Assize there; those in Cheshire in the Exchequer at Chester, or before the Justices of Assize there, and those in the Bishoprick, in the Chancery at Durham, or before the Justices of Assize there) shall be as good in law, as if they were inroled in any of the Courts at Westminster.

Intrusion.

I. Prerog. Beg. Cap. 13. 17 E. 2. When the King's Tenant in chief dies, and his heir enters into the land, before he hath done homage to, or received seisin of the King, he shall thereby gain no free-hold; and if he die seized during that time, his wife shall not be [Page 267]endowed thereof; as it fell out in the case of the wife of Mansel the Marshal.
II. Stat. 21 Jac. 14. When the King, or any claiming under his title, shall be out of possession, or not have received the profits of lands, &c. within the space of 20 years before any information of Intrusion brought to recover the same; In this case the Defendant shall plead the general issue, if he think fit, and shall not be pressed to plead especially, and shall also retain the possession thereof, until the title be found for the King.
III. Where an information of Intrusion may fitly be brought on the King's behalf, no Scire facias shall issue, whereunto the subject shall be forced to a special pleading, and be derprived of the grace intended by this Act.

Ipswich.

I. Stat. 13 El. 21. The streets of Ipswich in the County of Suffolk, and of the Suburbs thereof shall be paved with good paving stone, and for ever repaired by the Owners, Landlords, or Terre-tenants along, from and against their houses, lands and tenements adjoyning to the street, viz. so much of the said street in length, as his house lands, &c. so adjoyning extend unto, and in breadth during all the length to the Channel, or to such place as the Channel there shall be appointed by the Bailiffs to extend unto, in pain to forfeit for every yard square not sufficiently repaired 8 d.
II. The Bailiffs of Ipswich, and the Portmen there, the Churchwardens, and four of every Parish shall have authority to tax upon every house, ground, and tenement there (free and copy) reasonable summs of money to be yearly paid, as well towards the finding of a convenient stipendary Minister within every Parish, as for the reparation of the Churches.

Ireland.

I. In the Book of Magna Charta is an Ordinance for Ireland concerning divers matters intituled, Ordinatio pro statu terrae Hiberniae.
II. Stat. 17 E. 1. cap. 1. The King's officers in Ireland shall purchase no land there without the King's licence.
III. Cap. 2. King's Officers in Ireland shall make no purveyance there, but by writ out of the Chancery there, or in England, & that in time of necessity onely, and by the advice of the Council there.
IV. Cap. 3. All kind of Merchandizes may be exported out of Ireland, except to the King's enemies, and if any Officer restrain them, [Page 298]he shall satisfie double damages to the party grieved, and be also punished by the King.
V. Cap. 4. The fees for every Bill of grace in Ireland under the seal of the Justice there, shall be 4 d. for the Bill, and 2 d. for the writing thereof.
VI. Cap. 5. The Marshal's fee for a Prisoner, when he shall be delivered, is 4 d.
VII. Cap. 6. No pardon of the death of a man, or other felony, or for flying for the same shall be granted by the Justices there, but onely at the King's command, and under his seals.
VIII. Cap. 7. No Officers there shall receive any original writ, which is not sealed by the seal of Ireland, or by the Exchequer-seal there, of things concerning that Court.
IX. Cap. 8. The Justice of Ireland, shall not delay or adjourn Assize of Novel disseisin there, save onely in the County where he is, and while he shall remain there.
X. Stat. 34 E. 3.17. All kind of Merchandize may be exported and imported out of, and into Ireland, as well by Aliens as Denizons.
XI. Stat. 34 E. 3.18. All persons, who have lands and possessions in Ireland, may freely import and export their Commodities thither and from thence without Impeachment.
XII. Stat. 1 H. 6.3. All Irish-men shall avoid the Kingdom, except Graduates, Beneficed men, Lawyers, having Inheritance in England, and English parents, religious persons, professed Merchants, Burgesses, and others inhabitants of good fame, and persons married in England, and all they shall find surety for the good abearing.
XIII. No Irish-man shall inhabit here in the Universities, or elsewhere, without a testimonial under the seal of the Lievtenant, or Justices of Ireland, (testifying that he is of the King's obeysance) to be delivered to the Chancellor here, in pain to be punished as a Rebel.
XIV. No Irish-man shall be Head or Governour of any Hall or house.
XV. Stat. 2 H. 6.8. Irish-men coming to live in England shall give surety for their good abearing, viz. In the Universities, to the Chancellors; in Counties, to the Justices of Peace; and in Corporations and other liberties, to the Head-officers respectively.
XVI. Stat. 16, 17 Car. 30. An Act for a speedy contribution and loan towards the relief of the King's distressed subjects of the Kingdom of Ireland. See the Statute at large.
XVII. Stat. 16, 17 Car. 33. An act for the speedy and effectual [Page 299]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.

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☞ 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 [Page 301]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.
XIII. If it be prosecuted by any other then one of the parties, he shall have the fine; but if by one of the parties, he shall recover damages by the assessment of the Inquest so taken. The suit may also be prosecuted before other Justices in form aforesaid.
XIV. Stat. 2 H. 6. Stat. 1. cap. 3. None shall be admitted to pass in an Inquest upon trial of the death of a man, or betwixt party and party in any plea real or personal, whereof the debt or damage declared amounts to 40 marks, unless he have lands or tenements of the yearly value of 40 s. besides reprises, Challenge thereof being made by the party.
XV. Stat. 8 E. 4.3. Every Juror impannelled and returned within Middlesex in any of the Courts at Wesiminster, at every fourth day of the return thereof shall be called, who then appearing, his apparence shall be recorded, and he shall not be amercied nor lose issues that day in that suit.
[Page 302]XVI. No default, essoin, or other delay of either party (Plaintiff or Defendant) in any personal action (by the law heretofore used) shall by this ordinance be prejudiced, or taken away in any manner; but shall be adjudged, and allowed in as ample manner, as they were before the making of this Act.
* XVII. Stat. 1 R. 3.4. No Bailiff or other Officer shall return or impannel any person upon any inquiry at the Sheriff's turn, but such as are of good name and fame, having lands and tenements in the same County, viz. Free-hold of 20 s. and Copi-hold of 26 s. 8 d. per annum in pain that the Bailiff or other Officer shall forfeit for every person so returned or impannelled, not of the sufficiency aforesaid 40 s. for every time, and the Sheriff 40 s. more, which said forfeitures may be recovered by Action of debt, and shall be divided betwixt the King and the prosecutor.
XVIII. Stat. 4 H. 8.3. For issues lost by Jurors in London, given to the Mayor and Sheriffs there by the Statute of 11 H. 7.21. which see Attaint) the said Mayor and Sheriffs and their successors may distrain respectively, viz. the Mayor for his, and the Sheriffs for theirs.
XIX. The Sheriffs of London have power to return pannels of Jurors in suits depending in any of the Courts at Westminster and triable in London, being Citizens, and having goods of the value of 100 marks, who shall serve and be sworn in like manner as if they had lands and tenements of 20 s. per annum.
* XX. The Sheriffs of London, shall return upon the first distress upon every Juror 20 d. and upon the second distress 40 d. and upon every other distress after that, the double, until a full Jury appear and be sworn, in pain of 10 l. to be divided betwixt the King and the prosecutor.
XXI. Stat. 5 H. 8.5. The Statute of 4 H. 8.3. (as to the issues to be set upon Jurors) shall be understood onely of writs of distress before Justices or Justice of Nisi prius, in suits depending in the Court at Westminster, and triable at S. Martins le grand in the City of London, and not of other writs or processes issuing out of the said Courts.
XXII. Stat. 23 H. 8.13. Trials of felons in Corporate Towns may be by freemen of the same Corporation worth 40 l. in goods, albeit they have no Free-hold.
XXIII. This Act shall not extend to any Knight or Esquire, dwelling or resorting in or to any such Town.
XXIV. Stat. 35 H. 8.6. Where such persons as should pass upon the trial of any issue in any of the Courts at Westminster, ought to have Free-hold worth 40 s. per annum. The writs shall be in this [Page 303]form, Rex, &c. praecipimus, &c. quod venire facias coram, &c. 12 liberos & legales homines, &c. Quorum quilibet habeat 40 solid. terr. tenem. vel redd. per annum ad minus, per quos rei veritas, &c. But when that is not requisite, the clause, Quorum quilibet habeat 40 solid. terr. tenem. vel redd. per annum. ad minus shall be omitted.
XXV. Upon every venire facias that hath the said clause, Quorum quilibet, &c. the Sheriff or other Officers shall not return any having less then 40 s. per annum freehold, out of ancient Demesne, and in the same County where the issue is to be tried, in pain to forfeit for every one otherwise returned 20 s. They shall also return six Hundreders at least, if there be so many in the Hundred where the venue lieth, in pain to forfeit for every Hundreder not so returned 20 s. And in every such writ, wherein that clause is omitted, they shall not return any, unless he may dispend some lands or tenements, out of ancient Demesne, and in the said Hundred, and also six Hundreders there upon the like pains.
XXVI. Upon every writ of Habeas corpora, or Distringas, with a Nisi prius, The said Sheriff or other Officer shall return Issue upon every man as followeth, viz. upon the first writ 5 s. upon the second 10 s. upon the third 13 s. 4 d. and upon every other writ afterwards, 26 s. 8 d. in pain of 5 l.
XXVII. In every such writ of Habeas corpora, or Distringas, if a full Jury appear not, or being full, fall short by challenge, the Justices (upon request of either party) may command the Sheriff or other Officer to name so many others then present, as may make the Jury full, who shall be added to the former pannel, and their names annexed thereunto.
XXVIII. The parties may have their challenge to these Tales de circumstantibus, and the Justices may proceed to trie the issue by them, together with the others returned, as well as if such Tales had been returned upon such Habeas corpora or Distringas, and in such case the trial shall be as effectual, as if it had been tried by 12 of the Jurors returned.
XXIX. If any of the Tales being present, do not appear, or after apparence withdraw himself, the Justices may set a fine upon him, to be levied, as issues of Jurors use, by the Common Law, to be levied.
XXX. Albeit the Jury be made full by the Tales, yet the Jurors that made default, shall lose issues, as if the Jury had remained for want of Jurors.
XXXI. Upon a reasonable excuse (for default of a Juror) proved by two witnesses before the Justices, they may discharge the issues [Page 304]lost, and in that case the Sheriff or other Officer shall not incur the penalty for not returning issues: Also upon the not coming of the Justices the Jurors shall be discharged of their issues, and the Sheriff or other Officer of their penalties.
XXXII. If upon any Habeas corpora or Distringas any Juror be not lawfully summoned or distrained, the Sheriff or other Officer shall lose double the issues returned upon such Juror.
XXXIII. The said forfeitures (not issues) shall be divided betwixt the King and the Prosecutor.
XXXIV. The right of others to issues so forfeited is saved.
XXXV. The Act shall not extend to any Sheriff or Minister of a Corporation, so that they return like issues, as before are limited.
XXXVI. Stat. 4, 5 P.M. 7. A Tales de circumstantibus may (upon request for the King or Queen by any authorized thereunto, or assigned by the Court, or, upon request, by the Prosecutor or his Attorney, and by the command of the Justices of Assize of Nisi prius) be granted in a suit commenced upon a penal Statute.
XXXVII. The Stat. of 35 H. 8.6. shall be interpreted to give like advantages to the king, Queen, and prosecutor, as it doth there to the Plaintiff, as if such suits for the King had been there particularly mentioned.
XXXVIII. Stat. 5 El. 25. Tales de circumstantibus shall be grantable in the 12 Counties of Wales, and the Counties Palatine of Chester, Lancaster, and Durham, being of the same effect with the Statute of 35 H. 8.6. See the Statute at large.
XXXIX. Stat. 14 El. 9. In case the Plaintiff or Defendant forbear or refuse to pray a Tales, it shall be granted (by the Justices of Nisi prius in England, or those of Oyer, or Assize in Wales, Chester, Lancaster, and Durham,) at the prayer of the Defendant or Tenant; and that as well in suits upon penal Laws, as upon other trials.
XL. Stat. 27 El. 6. The ability of Jurors (returned upon trials) ordained (by the Statutes of 2 H. 5. Stat. 2. cap. 3. and 35 H. 8.6. to be 40 s. per annum, is increased to 4 l. per annum, upon the like pain of 20 s. to be forfeited by the Sheriff or other Officer, for every Juror otherwise returned; and in that respect the writs shall be Quorum quilibet habet quatuor libras, &c.
XLI. Here the issues to be returned shall be, as followeth, viz. upon the first writ 10 s. upon the second 20 s. upon the third 30 s. and the double of 30 s. afterwards, until a full Jury be sworn, or the process otherwise cease, in pain that the Sheriff or other Officer [Page 305]shall forfeit 5 l. for every Juror returned with less issues set upon him.
XLII. Upon issues lost by a failer of lawful summons the Sheriff or other Officer shall forfeit the double issues.
XLIII. The Sheriff or other Officer that takes a bribe, and agrees to take it (directly or indirectly) for the sparing of a Juror shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor.
XLIV. Upon any trial two Hundreders shall be hereafter deemed sufficient, notwithstanding any challenge hereafter to be made against the same.
XLV. All lawful challenges shall be admitted, notwithstanding this Act; neither shall it extend to Juries in Corporations or Wales.
XLVI. Stat. 16 & 17 Car. 2. cap. 3. All Jurors, (other then strangers upon trials, Per medietatem linguae) returnable for trial, of issues in the King's Bench, Common Pleas, or Exchequer, Justices of Assize, or Nisi prius, Oyer and Terminer, Gaol-delivery or General or Quarter Sessions of the Peace, after the 25 of April 1665, in any County of England, shall have in their own name, or in trust for them within the same County 20 l. per annum, at least in their own or their wives right, ultra Reprisas, of Freehold lands, or ancient Demesne, or rents in Fee, Fee-Tail, or for life, And in every County of Wales, every such Jurors shall have 8 l. per annum, as aforesaid; And if any be returned otherwise it shall be a good cause of challenge, and the party discharged, upon his own allegation and oath thereof.
XLVII. No Jury man's issues for default shall be saved but by special order of the Judges, for good cause proved before the Judge where the issue is to be tried.
XLVIII. The writs of ven. fac. to be made out accordingly, and the Sheriff or other persons to make out pannels, shall not return any persons but such as aforesaid, upon pain for every person returned not having such estate, the summe of 5 l. to the King his heirs and successors.
XLIX. And for discovering such persons and estates, every Sheriff shall on the first day of every Sessions after Easter yearly deliver to the Justices of the Peace then fitting, the names of all such persons as are to be returned for Jury men, to be by the said Justices, or greater part of them approved for Jury men for the year then next ensuing, and the said Justices may adde such others as are omitted by the Sheriff, to serve of Juries for the said year: And the Sheriff, to incurre no penalty for returning any persons [Page 306]added by the Justices, in case his estate be of less value then aforesaid.
L. No Sheriff or other shall return any person, unless duly summoned by the space of six days at least before their days of apparance. And have left with, or for such persons in writing the names of all the parties in the causes in which they are to serve as Jurors; nor shall take any reward to excuse the apparance of any Juror upon pain to forfeit 10 l. for every offence: Saving to Cities and Towns Corporate, their ancient usage in returning Jurors of such estate as hath been accustomed.
LI. Writs of ven. fac', Hab. Corpora or distringas in the County Palatine of Lancaster shall be sued out, like as is used in other Counties in England, returnable at the then next Assizes, and like issues returned upon Jurors, and to be Estreated as above provided.
LII. And the Sheriff of the said County of Lancaster for the time being shall cause 12 lawful men so qualifyed as before appointed by this Act, out of every of the six hundreds there, to be duly summoned, ten days before every Assizes, to appear the first day of every Assizes there to attend all the said Assizes as Jurors in such causes between party and party, upon pain to forfeit 10 l. to the use of the poor of the Town where such party offending doth inhabit, to be levied as other issues of Jurors be levied.
LIII. This Act to continue 3 years, and to the end of the next Sesison of Parliament and no longer.

☞ Justice, and right, and Justices.

I. Stat. 2 E. 3.8. No command shall be made under the great or little seal, to disturb or delay common right, and the Justices shall proceed to do right, notwithstanding such commands.
II. Stat. 18 E. 3. Stat. 3.1. The oath to be given to Justices, when they take their places, to this effect, viz. to serve the King in their Offices, warn him of any damage, do Justice, take no bribe, give no councel where he is a party, maintain no suit, nor deny right (though by command from the King) to procure the King's profit, and to be answerable to the King in body, lands and goods, if found in default.
III. Stat. 20 E. 3.1. The King's Justices shall do right to all without respect of persons, notwithstanding the King's letters or commands to the contrary, wherewith (if any be) they shall acquaint [Page 307]the King and his Council therewith; they shall take no fee but of the King, nor give councel where he is a party; and if they do amiss, they shall be at the King's will in body, lands, and goods.
IV. Stat. 20 E. 3.2. The like is commanded to the Barrons of the Exchequer, and to dispatch businesses depending before them without delay.
V. Stat. 20 E. 3.3. Justices assigned by Commission, and of Assize, and Gaol-delivery, and their Associates shall make such oath, as shall be enjoyned them by the King's Council or the Chancery, before their Commissions be delivered unto them.
VI. Stat. 1 Jac. 10. None shall take any money or promise for the report of an order or cause referred unto them by any of the King's Judges or Court, directly or indirectly, in pain of 5 l. and to lose his office or place in the same Court.
VII. The forfeiture is to be divided betwixt the King and the party grieved, if he will sue for it; but if not, then betwixt the King and any other prosecutor.
VIII. This Act shall not prohibit the Clark from taking for his pains in writing the Report, viz. 12 d. for the first sheet, and 2 d. a piece for the rest.

Justices in Eyre.

I. Marlb. 24, 52 H. 3. Justices in Eyre shall not amerce Townships, because all of twelve years of age came not before the Sheriffs and Coroners, to make inquiry of robberies, House-burnings, and other offences against the Crown, so that a full Inquest of those Towns appear: Howbeit, upon an Inquest for the death of a man, all of 12 years of age ought to appear, unless they have some reasonable cause of absence.
II. West. 1. cap. 18. 3 E. 1. The common fine and amerciament of the whole County in Eyre of the Justices for false judgment or other trespass shall hereafter be Assessed by the said Justices upon the oaths of Knights and other honest men, and not by Sheriffs and Barretters, as in times past hath been used: And the said Justices shall cause the parcels thereof to be Estreated into the Exchequer, and not the whole summe onely.
III. West. 2. cap. 10. 13 E. 1. Justices in Eyre (in their Circuits) shall appoint a certain time, before which all writs shall be delivered in, and then the Sheriff shall certifie the chief Justice in Eyre, how many writs he hath, and what they concern; after which time they shall not be received, or (if received) shall have no force, [Page 308]except writs, that abate during the Circuit, which may be amended; also except writs of Dower of men dying within the summons of the circuit, Assizes of Darrein presentment, and Quare impedit, (of Churches vacant within the said summons) and of Novel disseisin.

☞ Justices of Assize.

I. Stat. Justic. Assisarum, Incerti temporis. There shall be eight circumspect and discreet Justices Assigned to take Assizes, Juries, and Certificates throughout the Realm, viz. Two in the Counties of York, Northumberland, Westmerland, Cumberland, Lancashire, Nottingham, and Darby: Two in the Counties of Lincoln, Leicester, Warwick, Stafford, Salop, Northampton, Rutland, Glocester, Hereford, and Wigorn: Two in the Counties of Cornwal, Devon, Somerset, Dorset, Wiltshire, Southampton, Oxon, Berk, Sussex, and Surrey: And two in the Counties of Kent, Essex, Suffolk, Norfolk, Cambridge, Huntingdon, Bedford and Buckingham.
II. Assizes, Juries and Inquests of Middlesex shall be taken before the Justices of the Bench.
III. The said eight Justices so Assigned shall daily attend for that purpose at such places as they shall think fit, and most for the ease of the people; and writs of Assizes, Juries, or Recognizances shall be granted to be taken before none but them, save of the special grace of the King.
IV. Stat. 20 E. 3.6. Justices of Assize have power to inquire of the misdemeanours of Sheriffs, Escheators, Bailiffs, and other Ministers, Imbraceors and Jurors, and to punish such as be found guilty; And the Chancellor and Treasurer are to hear all complaints thereof, and to apply speedy remedy thereunto.
V. Stat. 6 R. 2.5. Justices of Assize and Gaol-delivery shall hold their Sessions in the chief Towns of every County, where the Shire-Courts there use to be holden.
VI. Stat. 8 R. 2.2. No man of Law shall be Justice of Assize or Gaol-delivery in his own Country, and the chief Justice of the Common Bench shall be Assigned amongst others to take Assizes, and to deliver Gaols, but as to the chief Justice of the King's Bench, it shall be as for the most part of 100 years last past hath been wont to be done.
VII. Stat. 11 R. 2.11. Because it was found inconvenient to the subject, that Justices of Assize should be bound to hold their Sessions, where the Shire-Courts use to be held, the Chancellor, by the advice of the Justices, shall have power to order that [Page 309]otherwise, as need shall be, notwithstanding the Statute of 6 R. 2.5.
VIII. Stat. 20 R. 2.3. No Lord nor other shall sit upon the Bench with the Justices of Assize, in pain of great forfeiture to the King, and the Justices are there commanded not to suffer it.
IX. Stat. 11 H. 4.3. Justices of Assize shall deliver into the Treasury the Records of Assizes of Novel desseisin, Mortdancester, and Certifications, every second year after the plea determined and judgment given, and those Records shall not be amended or impaired after judgment given and recorded.
X. Stat. 14 H. 6.3. The Sessions of the Justices of Assize and Gaol-delivery in Cumberland, shall be holden (in the time of peace and truce) in the City of Carlile, and not elsewhere, according to the Statute of 6 R. 2.5.
XI. Stat. 33 H. 8.24. No Justice, or other learned in the Law shall be Justice of Assize in the County where he was born or doth inhabit in pain of 100 l. to be divided betwixt the King and the prosecutor.
XII. This Statute shall not extend to the Clark of Assize, or to any Associate, or to any such Justice of Assize.
XIII. Neither shall these words Justices of Assize, or others learned in the Law, extend to Officers in Corporations, but that they may be Justices of Assize of fresh force, or other Assizes in the place, where they dwell or were born.
XIV. This Act shall not be prejudicial to any Justice of the one Bench or the other for hearing and determining Assizes in those Courts, nor to any Justice, that shall take any Assize by adjournment for difficulty thereof.
XV. The Clark of Assize shall not (during the Sessions) be of Council to any within the Circuit, otherwise then as to his Office appertains in pain of 10 l. to be divided betwixt the King and the party grieved.
XVI. This Act shall not extend to Justices Clarks, nor Clarks of Assize within the Dutchy and County Palatine of Lancaster.

Justices of both Benches.

I. West. 1. cap. 45. 3 E. 1. One plea shall be decided by the Justices of the King's Bench, before another be commenced; yet Essoins shall be entred and allowed, but let none presume to absent himself at the day to him limited.
II. Stat. 10 H. 6. Statutum per se. The Justices, Serjeants and the King's Attorney shall be paid their wages by the Treasurer of England at Easter and Michaelmas by even portions without any other [Page 310]suit: But this Statute is not in the Printed Book of Statutes.

Justices of Gaol-delivery.

I. Stat. de finibus levatis, cap. 3. 27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols, but if one of them be a Clerk, the other that is Lay Associating unto him, one of the most discreet Knights of the County, shall deliver the Gaols.
II. The Justices shall then also inquire, whether Sheriffs or any other have let out by plevin any prisoners not pleviable, or have offended in any thing against the Stat. of West. 2.15. 13 E. 1. and shall punish them according to the form of the said Statute.
III. Stat. 2 E. 3.2. Justices of Gaol-delivery and Oyer and Terminer procured by great men shall not be made against the form of the Statute 27 E. 1.3. and Assizes, Attaints, and Certifications shall be hereafter taken before Justices commonly Assigned, being good and lawful men and having knowledge in the law, and before none other, according to the Statute of West. 2. 29 E. 1. which see in Oyer and Terminer 1.
IV. Stat. 4 E. 3.2. Good and discreet persons shall be Assigned in all Shires of England to take Assizes, Juries, and Certifications, and to deliver the Gaols three times in the year at least.
V. There shall also be Assigned good and lawful men in every County to keep the Peace, and such as shall be indicted or taken by them and are not bailable by Law, shall not be let to main-prise by the Sheriff or any other Minister, nor otherwise delivered then at the Common-Law.
VI. Justices of Gaol-delivery shall have power to deliver the Gaols of those that stand indicted before the keepers of the Peace, which keepers shall send those Indictments before the Justices of Gaol-delivery, who shall have power to inquire of and punish Sheriffs, Gaolers, and others, which do any thing against this Act.
VII. Stat. 17 R. 2.10. In every Commission of Peace, two men of law of the same County shall be Assigned to go and proceed to the deliverance of Thieves and Felons.

☞ Justices of Peace.

I. Stat. 1 E. 3. Stat. 2.16. The King will, that in every County Good men and lawful which be no maintainers of evil or Barrettors in the Countrey, shall be Assigned to keep the Peace.
II. Stat. 4 E. 3. Stat. 1. cap. 2. Two or three of the best of [Page 311]reputation in the Counties shall be assigned Keepers of the Peace by the King's Commission, who (together with other wise and learned in the Law) shall have power to hear and determine Felonies and trespasses done in the same Counties, and to inflict punishment according to Law and reason.
III. Stat. 34 E. 3.1. There shall be Assigned in every County for the keeping of the peace, one Lord, and 3 or 4 of the most worthy of the County, with some learned in the Law, who shall have power to arrest and chastise Rioters, Barrettors, and other Offenders, and also to imprison and punish them according to Law, and by discretion and good advisement; also to bind people of evil fame to the good behaviour, and to hear and determine felonies and trespasses done in the same County according to Law.
IV. Writs of Oyer and Terminer shall be granted according to the Statutes thereof made, and the Justices thereof shall be named by the Court and not by the party.
V. All general inquiries heretofore granted within any Seigniories (or the mischiefes done thereby) shall from henceforth cease and be repealed.
VI. The Fines imposed by Justices of Peace for trespasses shall be reasonable and just.
VII. Stat. 36 E. 3.12. In the Commissions of Justices of Peace and labourers express mention shall be made, that they shall keep their Sessions 4 times in the year, viz. one within the Utas or Octabis of Epiphany, the second within the second week of Lent, the third betwixt the feasts of Pentecost and S. John Baptist, and the fourth within eight days of S. Michael.
VIII. Stat. Canterb. Cap. 10. 12 R. 2. In every Commission there shall be but 6 Justices Assigned, who shall keep their Sessions every quarter at least, in pain to be punished at the discretion of the King's Council.
IX. Every Justice of Peace shall have for his wages 4 s. a day, and the Clark of the Peace 2 s. for so long time as the Sessions shall last, to be paid by the Sheriffs out of the fines and amerciaments arising at the same Sessions, whereunto Lords of Franchises shall be also contributary after the rate of their part of such fines and amerciaments.
X. No Steward of any Lord shall be Assigned in any commission of Peace neither shall any Association be made to the Justices of Peace after the first commission.
XI. Judges and Serjeants at Law shall not be bound to attend the Sessions, but when they can conveniently intend it.
XII. Stat. 13 R. 2. Stat. 1.7. Notwithstanding the Statute of 12. [Page 312] R. 2.10. which prohibits the Stewards of Lords to be Justices of the Peace, the most sufficient Knights, Esquires and Gentlemen of the Law shall be put in Commission, and sworn to put in Execution without favour, all Statutes, which concern their Office.
XIII. Stat. 14 R. 2.11. There shall be 8 Justices of Peace Assigned in every County.
XIV. Double Estreats of the fines and amerciaments arising at the Sessions shall be made containing the names of all the Justices there present, and the number of days they sit, and one of them delivered to the Sheriff out of which he is to answer to the Justices their wages by indenture, according to which the Sheriff shall be again allowed the wages in the Exchequer upon his account; but no Duke, Earl, Baron, or Barronet (although he be Justice of Peace and holds Sessions with the other 8) shall have any wages allowed him. Quaere whether it ought not to be Baneret; for so it is in the first addition of Rastal, which I have.
XV. 2 H. 5. Stat. 1.4. Justices of Peace in every Shire named of the Quorum shall be Resiant within the same Shire (except Lords, Judges, Serjeants at Law, and the King's Attorney) and shall keep their Sessions 4 times in the year, viz. in the first week after Michaelmas, Epiphany, Easter, and the Translation of St. Thomas the Martyr, viz. Becket, being the seventh of July, and oftener, if need require.
XVI. Stat. 2. H. 5. Stat. 2.1. Justices of Peace shall be made of the most sufficient persons dwelling in the same Counties, by the advice of the Chancellor and the King's Council, without taking others dwelling in forein Counties to execute that office, except Lords, Justices of Assize, and the King's chief Steward, of the Dutchy-Lands in the North and South parts.
XVII. Stat. 18 H. 6.11. Justices of Peace of Middlesex are not compellable to keep their Sessions above twice in the year, notwithstanding the Statute of 12 R. 2.10. yet may they keep them oftener if need be, at their discretions.
XVIII. Stat. 18 H. 6.14. None (except men learned in the Law, or inhabiting Corporations) shall be Justices of Peace, unless their Lands be worth 20 l. per annum.
XIX. If any be put into the Commission, not having Lands to that value, and do not within one moneth after notice thereof, acquaint the Lord Chancellor therewith, or do fit, or make any warrant, by force of such Commission, he shall forfeit to the King 20 l. to be divided betwixt the King and the prosecutor.
XX. Stat. 3 H. 7.1. Justices of Peace shall at the next general Sessions, certifie recognizances taken for keeping the Peace, [Page 313]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 [Page 314]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 [Page 215]contained in the said Indictment, unless the party shall willingly without violence confess the same.
VIII. Provided, no Peer be tryed for any Offence against this Act but by Peers: and every Peer convicted of any Offence against this Act be disabled during life to sit in Parliament, unless his Majesty shall please to pardon him: and upon pardon granted to any Peer or Commoner convicted of any Offence against this Act, the party pardoned shall be restored to all intents and purposes, as if never convicted.
IX. Stat. 14 Car. 2. cap. 10. For setling an additional Revenue upon the King, for better support of his Crown and dignity. Every dwelling house and other edifice, and all lodgings and Chambers in the Inns of Court, Inns of Chancery, Colledges, and other societies that are or shall be within England, VVales, and Town of Barwick (other then hereafter excepted) shall be charged with the annual payment for every Fire-hearth and Stove 2 s. per annum, and payable at Michaelmas, and our Lady-day by equal parcels, half yearly for ever.
X. Owners and occupiers of such houses and chambers shall give a true account thereof in writing, of all the Hearths and Stoves in them, to the Constables and Tithing-men within their several Parishes: and Constables and other such Officers shall require an account of them of all Hearths and Stoves in their Houses; and in default may enter and view the same; and for every false return, the party offendng shall forfeit 40 s.
XI. The said Constables and other such Officers shall deliver the accounts of their Returns at the next quarter-Sessions after the last of May 1662. And the Justices of the Peace shall cause the said accompts of Hearths to be enrolled, and a duplicate thereof returned into the Exchequer.
XII. The said Hearth money shall be collected half-yearly, within 6 days after the same shall grow due: and acquittances shall be given by the Officers collecting it, which shall be good discharges for the same; and distress and sale of the goods of the party, in case of non-payment: rendring the overplus after the duty paid, and necessary charges for levying it.
XIII. Constables and other such officers shall pay in the money collected within 20 days to the High-Constables of the several hundreds and limits: and shall have 2 d. in the pound for collecting the same: and shall deliver in writing to the High-Constables the names of such persons as have paid, and such as have not paid the same.
XIV. The High Constables shall pay the moneys by them received [Page 216]within 10 days unto the High-Sheriffs, deducting one penny in the pound for their pains: and deliver the several returns which they received from the Constables aforesaid: and the Sheriffs shall return the moneys received, and the names of the defaulters into the Exchequer, deducting 4 d. in the pound; 3 d. whereof to the Sheriff for his pains, and 1 d. to the Clark of the Peace, which the said Clerk may recover by Action of debt.
XV. Proviso, making the Sheriffs of London and Middlesex, Surrey for that Burrough of Southwark, and all other Sheriffs of Cities and Towns being Counties, Collectors within their limits, and the Constables and other Officers, to deliver duplicates to the said Sheriffs, and they enabled to levy the said moneys, and give acquittances without fees: and within 40 days to pay the same into the Exchequer, with the names of defaulters where no distress is found: deducting as to other Sheriffs and Clarks of Peace: and the Officers of the Exchequer shall discharge persons paying without fees: and issue and process against such as fail of payment where no distress can be found.
XVI. This Revenue shall be duely answered into the Exchequer, and shall not be lyable to or charged with any gift or grant, and any Non obstante to the contrary shall be void, and the grantee an accomptant to the King, and the Court of Exchequer injoyned to issue out process accordingly.
XVII. If any Action be brought against any persons for execution of any thing within this Act, they may plead the general issue, and upon Non-suit, discontinuance, or verdict against the Plaintiff, the Defendant shall recover treble Costs.
XVIII. Increase and decrease of Hearths and Stoves shall in like manner be accounted and returned by duplicates in writing into the Exchequer: and there discharged upon decrease without farther pleading.
XIX. No prosecution for any arrearages of this duty unless suit be commenced within 2 years after they become due.
XX. Proviso, that no person who by reason of poverty is exempted from usual taxes be charged with any duties in this Act.
XXI. Proviso, for exempting from payment all houses under 20 s. value per annum, upon certificate by the Minister and Overseers of the poor to the 2 next Justices of the Peace.
XXII. Proviso, That none shall accept or procure any gift pension or grant from the King of this Revenue, upon penalty to forfeit double the value thereof, one moiety to be to the use of the poor to be recovered by the Church-wardens of the Parish, the other Moiety to him that will sue for the same.
[Page 317]XXIII. Proviso, not to charge Blowing houses, Stamps, Furnaces, Kilns, private ovens, nor Hospitals, or Almeshouses, not having 100 l. per annum of endowment.
XXIV. The occupier of the Hearth for the time being shall be charged, his Executors and Administrators, and not the Landlord.
XXV. No person indebted to the King for any the said duties shall be priviledged as a debtor, to sue in the Exchequer, or assign to the King any such debt.
XXVI. Stat. 12 Car. 2. ca. 23. Certain Impositions upon Beer, Ale, and other liquors, for the increase of the King's revenue during his Life. See the Statute at large.
XXVII. The same setled upon the King, his heirs and successors for ever. Stat. 12 Car. 2. ca. 24.
XXVIII. Stat. 15 Car. 2. ca. 14. Every inhabitant, occupier of any house, lodging, &c. shall upon notice after next Mich. Sessions, give a true accompt in writing under his hand, to the Constable of all the Hearths and Stoves in such house, &c. who shall with 2 other inhabitants of the Parish, in the day time, enter into such house and upon his own view, compare and see if the same be truly made, and indorse the said Account to what he finds upon his view, and return the same to the High Constable, together with a book or roll fairly written with 2 Colums, one containing the names of the persons and number of hearths and stoves chargeable: by the said Act, the other the names of the persons and number of Hearths and Stoves not chargeable: which being received and compared, shall within 6 days be transmitted to the 2 next Justices of the Peace, who are impowred to examine the said High-Constables and other Officers concerning the truth and faithfulness of their actings in the premisses, which being done, the said Justices are within 10 days to transmit the same to the Clark of the Peace, who within 20 days is to engross the same to be kept in the County: and within 2 moneths to engross and return duplicates signed by himself and 2 Justices of the Peace into the Exchequer.
XXIX. Penalty for omitting to return every Hearth upon the occupier 40 s.
XXX. Constables and Officers neglecting their duty shall forfeit 5 l.
XXXI. High Constables neglecting to perform their duties 10 l.
XXXII. Constables and Officers changing or leaving their offices, for that year, are notwithstanding enabled and required to perform the duties in relation to the premisses: and for every day they shall neglect to gather the moneys due, shall forfeit 20 s. and [Page 318]such as shall gather and distrain for the same, may call to their assistance any 2 sufficient Inhabitants.
XXXIII. Sheriffs may appoint Deputies, under the Seal of their Offices, or their own hand and seals for collecting the said duties.
XXXIV. Provided, the Lord Treasurer and Chancellor of the Exchequer may give further allowance to the Clarks of the Peace for their pains in engrossing and returning duplicates into the Exchequer.
XXXV. Stat. 16 Car. 2. ca. 3. Reciting the said defects in the former Acts. Enacted that the King, his heirs and successors may make officers for receiving and collecting the duties upon Fire-hearths and Stoves by the former Acts, and for viewing and numbring the same, and for inspecting and examining the several Rolls, Certificates and Returns, made and to be made into the Exchequer, in pursuance of the said Acts, or any other thing belonging to the same, which Officers accompanied with the Constable, or Tything-man, Treasurer or under-Treasurer or other publick or proper Officers of the Place, (who are required to attend upon this occasion) in all Parishes and places where there are no Constables, Tithing-men, or other publick Officer, there, without any such assistance, to enter in the day time, into any dwelling or other house, edifice, lodgings and chambers. And search and examine whether there be any more Fire-hearths and Stoves in the same then formerly returned and certified, and what Fire-hearths or Stoves increased or decreased since the former Certificate: and after to make the like search yearly. And if they shall finde any variance in the number returned, both the Officer and Officers appointed by his Majesty, and the Constable or Tything-man or other Officer, as aforesaid, to certifie the same under his or their hands to the Clark of the Peace: And after a probation thereof by the said Justices at their Sessions, the same to be certified to his Majestie's Remembrancer in the Exchequer, and the Officer so appointed by the King unto the same shall, after the 24 of June 1664 have power to collect and levy the revenue and duties aforesaid, and all arrears of the same.
XXXVI. The said duties shall from time to time be paid after the Feast of St. Michael the Arch-angel, and our Lady-day yearly, unto the Officers appointed by this Act to receive the same, upon demand by such Officer or his Deputy at the house, chamber, or place where the same duty shall grow due. And in case of refusal or default of payment, by the space of an hour after such demand such Officer, or his deputy may with the assistance of a Constable, [Page 319]or other officer, as aforesaid, in the day time levy the said duty, and all arrears thereof by distress and sale of the partie's goods so refusing or making default, restoring the overplus above the said duty and arrears, and necessary charges for distraining, the said charges not to exceed a moiety, of the duty and arrears so levyed.
XXXVII. Provided and enacted no person be distrained or molested for the said duty, or any arrears after two years next after the same shall become due; nor for any arrears already incurred after 2 years, from the 24 of June 1664.
* XXXVIII. And in case of violent opposition, or injury done by any person or persons, to any such Officer or his deputy, in the due execution of this Act: the same proved by Oath before any one Justice of the Peace or chief Magistrate of the City, Town or place dwelling near the place, who are hereby impowred to administer the said oath: It shall be lawful for any such Justice of the Peace, or Magistrate to punish such Offendors, by imprisonment in the Common Gaol for any time not exceeding one moneth. And after the 24 of June 1664. All former Officers appointed to collect the said duty are discharged: And the Officers appointed by this to collect the same, shall pay the same into the Exchequer, to the ends in the former Acts mentioned.
XXXIX. Provided none be employed, as aforesaid, but upon security first given to the King, for due collecting and paying the said Revenue and taking an oath before one of the Barons of the Exchequer, or before such persons as shall be authorised to take such security and oath, by Commission from the said Court of Exchequer for the due and faithful execution thereof, according to the laws enacted to that purpose: and that they shall demand no fee but onely from the King, upon pain of being disabled to execute the said office or imployment: and upon legal conviction to render treble dammages to the party grieved: and shall sign and deliver acquittances for money by them received without any fee or reward whatsoever: and such acquittances shall be a final discharge, as in the first Act provided.
XL. If any person leave any house, lodging, or chamber before any half-year Feast, whereon the said duty ought to be paid, the next occupier shall be chargeable with the same for the said half year. And if any person shall fraudulently stop up, deface, cover, or conceal any chimney-hearth or Stove, chargeable by the said Act, the same to be proved, either by confession of the party, or upon oath before any Justice of the Peace, or chief Magistrate, or by their view, he shall pay double the value of the duty [Page 320]for the same, to be levied, as aforesaid.
XLI. Houses let apart from lands belonging to them, or divided into several dwellings, and let to persons who upon poverty may pretend exemption from payment, shall pay the duty as they should have done before. And no person (except almeshouses) inhabiting in any City, Burrough, Corporation, Market-Town or Parish, which hath above two Chimneys, Fire-hearths or Stoves shall be exempted from payment. If any question or difference shall arise about the taking any distress, or levying any money by virtue of this Act, the same shall be heard and finally determined by one or more of the Justices of the Peace near adjoyning, or chief Magistrate of the Peace respectively, upon complaint in that behalf.
XLII. Every Collector appointed by virtue of this Act shall pay all moneys received into the receit of the Exchequer half yearly within 3 moneths after the Feasts of Michaelmas and our Lady-day, upon pain of losing his office: and all Justices of the Peace, Constables and Officers are to assist the Officers in collecting and levying the said duty.
XLIII. Provided no person be questioned for any arrears due on or before our Lady-day, 1664. who shall produce to the Collector a certificate to be approved by the two next Justices of the Peace, for their exemption from the said duty for that time, according to the Rules in the first recited Act; nor any person who hath truly paid the said duty, and shall if required, make proof thereof before any one Justice of the Peace or other chief Magistrate of the place.
XLIV. All officers to be appointed by the King for collecting and receiving the said duty shall allow to the Petit Constables and Clarks of the Peace, all allowances for their pains by former Acts appointed.

Knights.

I. Stat. De milit. 1 E. 2. Divers causes for which a man may be excused from taking upon him the order of Knighthood. See the Statute at large.
II. Stat. 16, 17 Ca. 20. None shall be hereafter compelled by writ or otherwise to take upon him the order of Knight-hood, and all proceeding concerning the same shall be void.

[Page 321]

☞ Labourers, Artificers, Servants, and Apprentices.

* I. Stat. 2, 3 E. 6.15. ARtificers, Workmen, and Labourers, that conspire together concerning their work or wages, every of them so conspiring shall forfeit for the first offence 10 l. to the King, and if he pay it not within six days after conviction, by witness, confession, or otherwise, he shall suffer 20 days imprisonment, and during that time, shall have no sustenance but bread and water: for the second offence he shall forfeit 20 l. and that not paid within 6 days, as aforesaid, shall suffer the Pillory; and for the third offence shall forfeit 40 l. and that not paid within the said time, shall again suffer the Pillory, lose one of his ears, and be ever after taken as a man infamous and not to be credited.
☞ II. Justices of Assize, Justices of Peace, Mayors, Bayliffs, and Stewards in Sessions, Leets and Courts have power to hear and determine these offences. But quaere whether this branch of this Statute be not repealed by the general words of 5 El. 4 following.
* III. Stat. 5 El. 4. So much of all Statutes made, and every branch thereof as touch or concern the hiring, keeping, departing, working, wages, or order of Servants, Workmen, Artificers, Apprentices and Labourers, or any of them, and the penalties and forfeitures concerning the same are repealed: Howbeit the said Statutes and every branch and matter therein contained, not repealed by this Act, shall remain in force.
IV. None shall hire, or be hired for less then one whole year in the Arts of Clothier, Woollen Weaver, Tucker, Fuller, Clothworker, Sheer-man, Dier, Hosier, Taylor, Shoo-maker, Tanner, Pewterer, Baker, Brewer, Glover, Cutler, Smith, Farrier, Currier, Sadler, Spurrier, Turner, Capper, Hat or Felt-maker, Fletcher, Arrowhead-maker, Butcher, Cook, Miller.
☞ V. Every person unmarried, or under the age of 30 years, though married, having been brought up in any of the Arts above-said, by the space of 3 years, and not worth in lands 40 s. per annum; or in goods 10 l. and so allowed under the hands and seals of 2 Justices of Peace, the Head-officer, or two discreet Burgesses of the Place where the party so brought up hath lived by the space of one whole year, not already retained in Husbandry, the Arts abovesaid, or any other Art or Mystery, or in any service (upon requests of any person using the same Art) shall not refuse to serve [Page 322]for the wages limited by the Statute; and being so retained shall not depart from his or their service without one Quarter's warning before 2 lawful witnesses, or some lawful cause to be proved before one Justice of Peace, or Head-officer, in pain of imprisonment without bail; but upon submission to perform the service they shall be inlarged without fees, which commitment and inlargement two Justices of Peace, the Head-officer, or 2 Burgesses, as aforesaid, unto whom complaint shall be made, have power to command, as in their disretions, and upon due proof shall be thought fit.
VI. Every person between the ages of 12 and 60 not already retained in any service, nor imployed about Husbandry, Mines, Glass, Coal, Fishing, Sailing, provision of Grain or Meal for London, nor Gentleman born, nor Scholar in any University or School, nor worth 40 s. per annum in lands, or 10 l. in goods, not having a Father, Mother, or other Ancestor (whose heir he is) worth: 10 l. per annum in lands, or 40 l. in goods, shall be compelled to serve in Husbandry, and shall not depart that service, otherwise then as is before limited, upon pain above expressed.
VII. None shall put away his servant before the end of his term without a Quarters warning, or some lawful cause to be proved by 2 sufficient witnesses before the Justices of Oyer and Terminer, Justices of Assize, Justices of Peace in Sessions, a Head-officer or 2 discreet Alder-men or Burgesses in pain of 40 s.
VIII. No servant having served in one City or Town, shall get to serve in another without a Testimonial, viz. (in a Town Corporate under the Seals of the Town, and 2 housholders there, and in the Country) under the Seals of the Constable or Constables, and 2 housholders there; which testimonial shall be made and delivered to the party, and also registred by the Minister of the place, where the servant dwelt, for which the Master is to have 2 d.
IX. The form of the testimonial is this: Memorandum, that A.B. servant to C.D. of I. in the County of E. Husbandman or Taylor, &c. in the said County, is licensed to depart from his said Master, and is at his liberty to serve elsewhere, according to the Statute in that case made and provided, In witness, &c.
X. The servant which sheweth not such a Testimonial to the chief Officer in a Corporation, or to the Minister, or some Officer in any other place where he is to dwell, shall suffer imprisonment till he procure one, and if he produce not one within 21 days after his Imprisonment, or shew a false one, he shall be punished by whipping as a vagabond, and the Master that retains a servant without such a Testimonial shall forfeit 5 l.
[Page 323]XI. Those that work by the day or week shall continue at work, betwixt the middle of March and the middle of September, from 5 in the morning till betwixt 7 and 8 at night, except two hours allowed for breakfast, dinner and drinking, and half an hour for sleeping from the midst of May to the middle of August, and all the rest of the year from twilight to twilight, except an hour and an half allowed for breakfast and dinner, in pain to have one penny defaulked out of their wages for every hours absence.
XII. None that takes work by great shall leave the same before it be quite finished, except for not payment of his wages, the Queen's service, licence of the Work-master or other lawful cause, in pain to suffer one moneths imprisonment without bail, and to forfeit 5 l. to the party grieved, besides his costs, and dammages to be recovered at the common Law for the loss sustained.
XIII. None retained in service to work, shall depart without licence, in pain of one moneth's imprisonment.
XIV. Such wages of Labourers, Artificers, and others as have been formerly rated, or concern husbandry shall be yearly assessed for the County by the Sheriff and Justices of Peace in Sessions, and in Corporations by the Head-officer, at their Easter-Sessions, or within 6 weeks after, and before the 12 of July following, shall be certified under their hands and seals in the Chancery: whereupon the Lord Chancellor or Keeper shall send down printed Proclamations thereof into every Country, and Corporation before the first of Septemb. then next following, which the said Sheriffs, Justices, and Head-officer shall before Michaelmas after cause to be inrolled, and proclaimed. But here, when the old rates shall be certified to stand, no Proclamation is needful.
XV. A Justice of Peace or chief Officer which shall be absent at the taxing of wages (being not letted by sickness, or some other reasonable cause to be allowed by the Justices upon Affidavit) shall forfeit 10 l.
XVI. None shall give greater wages then those so rated, as aforesaid, in pain of 5 l. and 10 days imprisonment without bail, and if any person shall be convicted before two Justices of Peace or a Head-officer, of taking more wages, he shall suffer 21 days imprisonment without bail.
XVII. Every retainer, promise, gift, or payment of wages, or other thing contrary to the true meaning of this Act; and every writing and bond to be made for that purpose, shall be void.
XVIII. If any servant, or other shall be convicted before 2 Justices of Peace or a chief Officer, as aforesaid, by his own confession, or the testimony of 2 honest men to have assaulted his Master, Mistress, [Page 324]Dame or Overseer, he shall suffer 1 years imprisonment, or less, if the Justice or chief Officer shall think fit; and if the party shall be thought to deserve a more severe punishment, then to receive such open punishment (life and member excepted) as the Justices in Sessions or the chief Officer and 4 of the discreetest men in the Corporation shall think convenient.
XIX. Artificers shall work in hay-time and Harvest, in pain of Imprisonment in the Stocks 2 days and one night, which the Constable shall inflict upon them, in pain of 40 s.
XX. It shall be lawful for labourers (other then such as are retained in service according to this Statute) to go to other Shires to work in hay-time and Harvest, so that they bring with them a testimonial under the hand of one Justice of Peace, or a chief Officer, testifying that they have not sufficient work in the place where they lived the Winter before, for which testimonial they shall onely pay a penny.
XXI. Every unmarried woman, fit to serve, being above 12 years old, and under 40, shall by two Justices of Peace, a chief Officer or 2 Burgesses be compellable to serve for convenient time and wages in pain of imprisonment.
XXII. Husbandmen being housholders, and using half a Ploughland at least in tillage, may take by Indenture Apprentices above the age of 10 years and under 18, to serve in Husbandry untill the age of 21 years, at least, or 24 years, as the parties can agree.
XXIII. Every housholder of the age of 23 years dwelling in a Town Corporate, and using there any Art or Mystery, shall and may take an Apprentice for 7 years at least; Howbeit the term ought not to expire before the Apprentice accomplish the Age of 24 years.
XXIV. Merchants, Mercers, Drapers, Goldsmiths, Iron-mongers, Embroiderers, and Clothiers dwelling in Corporate Towns, shall take no Apprentices, but their own children, or such whose parents hav inheritance, or Free-hold of 40 s. per annum, to be certified under the hands and seals of three Justices of Peace of the County where such lands lie, to the head Officer of the said Corporation, who shall cause the same to be recorded. Artificers in Market-towns not Corporate, being housholders, and of the age of 24 years may take other Artificers children to serve as Apprentices.
XXV. Merchants, Mercers, Drapers, Gold-smiths, Iron-mongers, Embroiderers, and Clothiers dwelling in Market-towns not corporate, shall take no Apprentices but their own children, or such whose parents have inheritance of Free-hold worth 3 l. per annum, [Page 235]to be certified under the hands and seals of 3 Justices of Peace, as aforesaid.
XXVI. Smiths, Wheel-wrights, Plough-wrights, Mill-wrights, Carpenters, Rough-masons, Plaisterers, Sawyers, Lime-burners, Brick-makers, Brick-layers, Tylers, Slaters, Helyers, Tile-makers, Linnen Weavers, Turners, Coopers, Millers, Earthen Potters, Woollen Weavers, (of Houswifes cloth onely) Fullers, Woodburners, Thatchers, and Shinglers may take Apprentices though their Parents have no land.
XXVII. None which hath not served an Apprentice 7 years in any Art or Mystery now used, shall use the same, or set any other to work therein, which hath not so served out that time, in pain to forfeit 40 s. for every moneth.
XXVIII. Woollen cloth Weavers (other then such as inhabit Cumberland, Westmerland, Lancaster, or Wales, or in Cities, Corporations, or Market-towns) shall take no Apprentices, nor teach any their Art, save their own children, or such whose parents have Inheritance or Freehold worth 3 l. per annum, to be certified under the hands and seals of 3 Justices of Peace of the County where the lands lie, in pain to forfeit 20 s. for every moneth: and the Indenture shall within 3 moneths be registred in the Parish where the Master dwells, the fee of which registring is 4 d.
XXIX. Every Cloth-worker, Fuller, Sheerman, Weaver, Taylor and Shoo-maker, shall for every three Apprentices keep one Journey-man, and for every Apprentice above three another Journey-man, in pain of 10 l.
XXX. This Act shall not prejudice Worsted-makers, nor Worsted-weavers in Norwich and Norfolk.
XXXI. If any person fit to make an Apprentice refuse to serve upon demand, one Justice of Peace, Mayor, or Head-officer unto whom complaint thereof shall be made, have power to commit him to ward, until he shall be willing to serve accordingly.
XXXII. If there shall arise any difference betwixt the Master and the Apprentice, one Justice of Peace in the Country, or the Mayor, or Head-officer in a Corporation, or Market-town, shall have power to reconcile it, if they can; if not, then to bind over the Master to the next Quarter-sessions, where the Justice of Peace or any four of them (1. Qu.) or the Head-Officer with the consent of 3 of his Brethren shall (upon default found in the Master) in writing under their hands and seals have power to discharge the Apprentice of his service; and if default be found in the Apprentice, then to inflict such punishment upon him as in their discretions shall be thought fit.
[Page 326]XXXIII. None shall be bound to enter into an Apprenticeship, other then such as be under the age of 21 years.
XXXIV. Justices of Peace in their several Divisions, and Head-officers in Towns corporate shall meet twice every year, viz. once betwixt Michaelmas and Christmas, and another time betwixt the Lady-day and Midsummer, to give order for the due execution of this Statute.
XXXV. Justices of Peace and Head-officers shall have 5 s. for every day they sit about the execution of this Statute, to be allowed them out of the fines which accrue upon the breach thereof, so that their sitting be onely for matters contained in this Statute, and not above three days at one time.
XXXVI. The forfeitures aforesaid (except those otherwise limitted) shall be divided betwixt the Queen and the prosecutor; And all Justices of Peace or any 2 of them (1. Qu.) and every Head-officer shall have power to hear and determine the breach of this Statute upon Indictment or otherwise, and to award process and execution accordingly, and shall yearly in Michaelmas term by Estreat certifie into the Exchequer the fines, which accrue upon this Statute in manner as they ought to do in other cases.
XXXVII. This Act shall not restrain the Cities of London and Norwich from taking of Apprentices as in times past.
XXXVIII. None shall take Apprentices otherwise then is limited by this Act, in pain of 10 l. and all indentures otherwise made shall be void.
XXXIX. An Apprentice shall be bound by his Indenture notwithstanding his non-age of 21 years.
XL. The Inhabitants of Godalming in Surry may take and use such Arts and Apprentices as Market-towns may do by vertue of this Act.
XLI. The fines accruing by this Act in Towns corporate shall be appointed by the Head-officer to be collected (as other fines and amerciaments) for the use of the same Towns.
XLII. When an Apprentice departs from his Master's service into another County or Corporation, it shall be lawful for the Justice of Peace, or Head-officers there being (Justices of Peace) to direct a Capias to the Sheriff, or other chief Officer for his apprehension, and being taken, the said Justice of Peace or Head-officer shall commit him to ward until he give good security, that he will honestly serve out his time.
XLIII. Notwithstanding this Act High-Constables have power to keep their Statute-Sessions, so that they there do nothing repugnant thereunto.
[Page 327]☞ XLIV. Stat. 1 Jac. 6. The Statute of 5 El. 4. shall give power to the Justices of Peace to rate the wages of any Labourers, Weavers, Spinsters, and Work-men or Work-women whatsoever.
XLV. The rating of such wages in Sessions by the more part of the Justices within any particular Riding or Division (where general Sessions have been used severally to be kept) shall be as effectual, as those rated at the general Sessions of the whole County.
XLVI. The Sheriffs and Head-officers within their several precincts shall cause the said rates to be proclaimed in such sort, as if they had been sent down printed from the Lord Keeper, which all persons shall be bound to observe, upon the pains and penalties mentioned in the said Statute of 5 El. 4.
XLVII. A Clothier or other convicted before the Justices of Assize, or Peace in Sessions, or before 2 Justices of Peace, (1 Qu.) by his own confession, or the evidence of 2 witnesses not to have observed the said rates by paying less then in the rates so appointed, shall forfeit 10 s. to the party grieved, to be levied upon warrant from the same Justices by distress and sale of the goods.
XLVIII. None shall incur any danger for not making certificate of the Rates into the Chancery according to 5 El. 4.
XLIX. A Clothier being also a Justice of Peace, shall not be a rater of wages for any Artificer, that depend upon making of Cloth.

Lancaster.

I. Stat. 33 H. 6.2. An Indictment found in Lancashire against a foreigner dwelling in another County, shall be void, unless each Juror had Lands and Tenements there of the yearly value of 5 l.
II. The like Law is of an Indictment found in another County (and not in Lancashire) against an Inhabitant of Lancashire, where each Juror hath not Lands and Tenements worth 5 pounds per annum.
III. Stat. 37 H. 8.16. Lands annexed to the Dutchy of Lancaster, and there exchanged by the King, with others for the inlargement and conveniency of the said Dutchy. See the Statute at large.
IV. Stat. 2. 3 P. M. 20. A farther enlargement of the said Dutchy. See the Statute.
[Page 328]V. Stat. 16, and 17 Car. 2. cap. 9. An Act impowring the Chancellor of the Dutchy to grant Commissions for taking Affidavits within the Dutchy Liberty, to be filed and made use of at hearings in the Court of Dutchy-Chamber, 12 d. onely to be paid for taking the same.

Leases.

I. Stat. 32 H. 8.28. Leases made by Tenant in tail, or by him who is seized in the right of his wife or Church (they being of full age at the time of such Lease made) shall be good and effectual in the Law against the Lessors, their wives, heirs, and successors.
II. The Statute shall not extend to any lease to be made of lands in the hands of any Farmer by force of any old lease, unless such old lease expired within a year after the making of the new; nor to any grant to be made of any Reversion of Mannors, Lands, &c. nor to any lease of such Mannor, Lands, &c. which have not been let to farm or occupied by Farmers, 20 years before such lease made; nor to any lease to be made without impeachment of waste, nor to any lease to be made for above 21 years, or three lives from the day of the making thereof, and that upon every such lease there be reserved so much yearly rent, as hath been usually paid for the lands so let within 20 years next before such lease made; and the Reversioners of the Mannors, Lands, &c. so let (after the death of such lessor or his heirs) may have such remedy against such lessee, his executor and assigns, as such lessor might have had against such lessee.
III. Provided, that all leases made by the husband of Mannors, Lands, &c. (being the inheritance of the wife) shall be made by indenture in the name of the husband and wife, and she to seal to the same, and the rent shall be reserved to the husband and wife, the heirs of the wife: and here the husband shall not alien or discharge the rent, or any part thereof longer then during the coverture, unless it be by fine levied by husband and wife.
IV. This Act shall not extend to give liberty to take more Farms or Leases then might have been taken before this Act, (Vide Stat. 25 H. 8.13. Sheep) nor to any Parson or Vicar to make any lease, otherwise then they might have done before.
V. All leases for years made within 3 years before the 12 of April in 31 H. 8. by writing indented under seal by any person or persons of full age, sane memory, not unlawfully coarcted, nor [Page 329]covert Baron, of any Mannors, Lands, &c. wherein he or they have an estate of Inheritance to his or their own use at the time of the making thereof, and whereof the lessee or lessees, or their assignes have now the possession by force of such lease or leases, and no cause of re-entry or forfeiture thereof had or made, shall be good in law against such lessors, their heirs and successors; so as so much yearly rent be reserved for the same, as was paid for the same within 20 years next before the making of such Lease or Leases; or else such Lease or Leases to be of no other force, then they were before the making of this Act.
VI. No fine, Feofment, or other Act done by the husband onely of the inheritance of Free-hold of the wife, shall make any discontinuance, or prejudice the wife or any other, who is to injoy it after her decease; the fines levied by the husband and wife onely excepted.
VII. This Act shall not give liberty to the wife or her heirs to avoid any Lease hereafter to be made of the wife's Inheritance by the husband and wife for 21 years or under, or three lives, whereupon the accustomable yearly rent for 20 years before is reserved, according to the tenor of this Act.
VIII. This Act shall not extend to make good any Lease, made by any Ecclesiastical person which are made void by authority of Parl. or by any such person or other now attainted of treason.
IX. Stat. 1 Eliz. not printed. All estates made by any Arch-bishop or Bishop of any Mannors, Lands, &c. parcel of the Possessions of their Bishoprick, or united or appertaining thereunto, to any person or persons, body politick, or corporate, other then to the Queen, her heirs and successors, and other then for the term of 21 years and 3 lives from the time of such estate made, and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives, shall be void to all intents and purposes.
X. Stat. 13 El. 10. All Leases, Conveyances, or estates made by any Master or Fellows of any Colledge, Dean and Chapter, or any Cathedral, or Collegiate Church, Master or Gardian of any Hospital, Parson, Vicar, or any other having any spiritual or Ecclesiastical living, or any houses, lands titles, or other hereditaments, being parcel of their Colledge, Cathedral, Chapter, Hospital, Parsonage, Vicarage, or other spiritual promotion, or belonging thereunto, other then for 21 years or 3 lives from the making thereof, and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during the term; shall be utterly void, to all intents and purposes.
[Page 330]XI. This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or collegiate Church.
XII. This Act shall not extend to any Lease hereafter to be made upon surrender of a former Lease, or by reason of any covenant or condition contained in any former Lease, and still continuing; so as the Lease to be made contain not moe years then the residue of the years of such former Lease, nor any less rent then is thereby reserved.
XIII. Stat. 13 El. 20. No lease made of any Benefice or Ecclesiastical Promotion with Cure, or any part thereof (and not impropried) shall indure any longer then while the lessor shall be ordinarily resident and serving the Cure, of such Benefice without absence above 80 dayes in any one year, but that every such Lease, so soon as it or any part thereof shall come into any possession or use above forbidden, or immediatly upon such absence, shall cease and be void: And the Incumbent so offending shall lose a years profit of his Benefice to be distributed by the Ordinary amongst the poor of the Parish.
XIV. Provided, that every Parson, allowed to have two Benefices, may demise one of them (upon which he is not most ordinarily resident) to his Curate onely, but such Lease shall indure no longer then during such Curates residence, without absence, above 40 days in any one year.
XV. Stat. 14 El. 11. In the Statute of 13 El. 20. these words (so soon as it, or any part thereof shall come to any possession or use above forbidden, or) are repealed.
XVI. All Bonds, Contracts, Promises, and Covenants hereafter to be made for suffering or permitting any person to injoy any Benefice or Ecclesiastical Promotion, with Cure, or to take the fruits thereof (other then such Bonds and Covenants made for assurance of any Lease heretofore made) shall be adjudged of such validity (and not otherwise then) as Leases thereof made: The like law is of Leases, Bonds, Promises, or Covenants made by Curates.
XVII. The Branch of the Statute of 13 El. 10. made to avoid certain Leases made by certain persons having Spiritual Livings, shall not extend to houses scituate in Corporations or Market-towns, or the suburbs thereof, nor unto the Grounds appertaining to such houses, so as they be not the dwelling houses of such persons, nor have above 10 acres of ground belonging to them.
XVIII. Provided, that no Lease shall be made by force of this Act, in reversion, or without reserving the accustomed yearly rent at least, or without charging the Lessee with reparations, or for longer term then 40 years. Neither shall any such houses be aliened [Page 331]without purchasing presently after other lands in fee-simple of as good value and as great yearly value, as the houses so alienated.
XIX. Stat. 18 El. 6. Upon Leases made by Colledges in the two Universities, Winchester and Eaton, the third part of the rent shall be reserved in Grain, to be delivered to them yearly at days prefixed, after the rate of 6 s. 8 d. for a quarter of Wheat, and 5 s. for a quarter of Malt, or under those prices: or it shall be in the Election of the lessee to pay them in kind, at the best rates found in those several Markets respectively the next Market-days before the said day prefixed for the payment or delivery thereof; and all Leases otherwise made, and all bonds and assurances given to the contrary shall be void: which said grain or mony shall be expended for the relief of the Commons and diet of the said Colledges respectively without fraud, in pain of deprivation of the Chief Rulers of such Colledges respectively, and of all others consenting thereunto.
XX. This Act shall not extend to any Lease to be made by the President and Scholars of S. Johns Colledge in Oxford of the Mannor of Fifield, to the Heir male of Sir Thomas White, Knight, late Alderman of London, and founder of the said Colledge.
XXI. Stat. 18 El. 11. All leases made by such persons as are mentioned in the Stat. of 13 El. 10. where another Lease is in being, not to be expired, surrendred, or ended within three years next after the making of such new lease, shall be void: And all bonds and covenants for removing of any such lease contrary to this Act, or to the said Statute of 13 El. 10. shall also be void. Howbeit this Act shall not extend to any Lease or Leases heretofore made by any such person or persons.
XXII. After complaint to the Ordinary, and sentence given upon any offence committed by the Incumbent against the Stat. of 13 El. 20. whereby he ought to lose the profits of his Benefice, the Ordinary within two moneths after such sentence given, and request made by the Church-wardens or one of them, shall grant the sequestration thereof to such Inhabitant or Inhabitants there, as to him shall seem convenient; and upon default in the Ordinary, it shall be lawful to every Parishioner there to retain his tithes, and for the Church-wardens to take the profits of the Glebe, and other rents and duties of such Benefice to be imployed to the use of the poor, until the sequestration shall be committed by the Ordinary, and then the Church-wardens and Parishioners are to accompt to him or them, to whom such sequestration shall be committed, and he or they shall imploy the said Profits to such uses as by the said [Page 332]Statute of 13 El. 20. are appointed, in pain to forfeit the double value of the profits withholden, to be recovered in the Ecclesiastical Court by the poor of the Parish.
XXIII. Stat. 43 El. 9. All judgments hereafter to be had for the intent to have or injoy any lease contrary to the Statutes of 13 El. 20. 14 El. 11. and 18 El. 11. or any of them, shall be deemed void, in such sort as Bonds and Covenants are appointed to be void, which are made for that purpose.
XXIV. Stat. 12 Car. 2. cap. 31. Leases and grants by Colledges, and Hospitals, and Elections of Heads, Masters and Fellows, made during the late troubles, confirmed under some Exceptions and Provisos.
XXV. Stat. 13 Car. 2. cap. 4. The King enabled to make Leases, Grants, and Copies of Offices, Lands, Tenements, and Hereditaments, parcel of the Dutchy of Cornwall, and a confirmation of such as be made not exceeding 31 years or 3 lives.

Leather and Hides.

I. Stat. 14 Car. 2. cap. 7. None shall transport beyond Seas any raw Leather or Hides tanned or untanned, and for the regulating abuses in Leather, and the Stat. 18 El. cap. 9. 8 El. cap. 14. 5 El. cap. 22. and 1 Jac. cap. 22. mentioned, and the exportation of Hides declared a common nusance.

The Act not to extend to prohibit the transporting of Bootes and Shooes, nor Hides and Leather, to be necessarily used in any Ship. See Title Cordwainers, Curriers, &c.

Lee-River.

I. Stat. 13 E. 18. For making the River of Lee Navigable from Ware to London: See the Statute.

Leet.

I. Stat. 18 E. 2. The Articles of the charge in a Leet.
II. Stat. 1 Jac. 5. No Steward or Deputy Steward of any Leet, or Court Baron shall make benefit to the value of 12 d. or more, by colour of any Grant made of the profits or perquisites of any such Courts whereof he is Steward, in pain to be disabled for ever after to be Steward of any Court, and besides to forfeit 40 l. to be divided betwixt the King and the prosecutor.

[Page 333]

Libel.

I. Stat. 2 H. 5.3. A Copy of a Libel grantable in the Ecclesiastical Court shall be presently delivered upon the defendants apparance.

Limitation.

I. Merton, 25 H. 3.8. Seisin of ones Ancestor in writ of right shall be from the time of H. 2. In a Mortdancester, writ of Neife, and of Entry, from the last return of King John out of Ireland; and in an Assize of Novel disseisin from Henry the third's first Voyage into Gascoign.
II. West. 1. 3 E. 1.38. Seisin of of ones Ancestor in a writ of right shall be from the time of R. 1. In an Assise of Novel disseisin and Nuper obiit, from H. 3. his voyage into Gascoign; and in a Mortdancester, Cosenage, Ayal, and Neife, from the Coronation of H. 3.
III. Stat. 32 H. 8.2. Seisin in a writ of right shall be within 60 years before the Teste of the same writ.
IV. In a Mortdancester, Cosinage, Ayal, writ of Entry sur disseisin, or any other possessory Action, upon the possession of his Ancestor or Predecessor, it shall be within 50 years before the Teste of the original of any such writ.
V. In a writ upon the parties own seisin or possession, it shall be within 30 years before the Teste of the original of the same writ.
VI. In an Avowry or Cognisance for rent, suit, or services of the seisin of his Ancestor, predecessor or his own, or of any other, whose estate he pretends to have, it shall be within 40 yeares before the making of such Avowry or Cognisance.
VII. Formedons in reverter or remainder, and scire facias upon fines shall be sued within 50 years after the title or cause of Action accrued and not after.
VIII. The party demandant Plaintiff, or Avowant that (upon Traverse or denier by the other party) cannot prove actual possession or seisin within the times above limited, shall be for ever after barred in all such writs, actions, avowries, cognisance, prescription, &c.
IX. Provided, that in any of the said actions, avowries, prescriptions, &c. the party grieved may have an attaint upon a false verdict given.
X. Stat. 1 M. 1. Parl. 2. Sess. Cap. 5. The Statute of 32 H. 8.2. [Page 334]shall not extend to a writ of right of Advowson, Quare impedit, Assize of Darrein presentment, Jure patronatus, writ of right of ward, writ of ravishment of ward, nor to the seisor of the wards body or estate: but the time of the seisin to be alledged in such cases, shall be as it was at the Common law before the making of the said Statute.
XI. Stat. 21 Jac. 2. The King, his heirs or successors, shall recover no concealed Mannors Lands, Tenements, Rents, Tithes or Hereditaments (other then Liberties and Franchises, and the issues and profits which concern the same) nor make any Right, Claim, or Demand of, in, or to the same, by reason of any right or title accrued 60 years and more, and now in esse; unless the King or some of his Predecessors, or some other, under whom he claims, have been answered (by force of such right or title) the Rents, issues, and profits thereof, within 60 years next before the begining of this Parliament; Or that the same have been duly in charge to the King, or Queen Elizabeth, or have stood in super of record within the said time.
XII. This Act shall not extend to impeach the King's right or title to any reversion or remainder, nor to alter the tenures or services of Lands: And here also, the right of all others (save of the King) is saved.
XIII. Neither shall this Act extend to annul the custome of two pence paid for every Chaldron of Sea-Coals at Newcastle upon Tine.
XIV. Provided, that no putting in charge standing in super, or answering the rents or profits of any Lands or Hereditaments, by force or colour of any Letters Pattents, Grants of Concealments, or defective Titles, or of Lands, Tenements, or Hereditaments, out of charge or by force or colour of any inquisions, presentments, upon any Commission, or other authority to find out Concealments, Defective Titles, or Lands, Tenements, or Hereditaments, out of charge; shall be deemed, or taken to be a putting in charge, standing in super, or answering the rents or profits to the King or his predecessors, unless thereupon such Lands, Tenements, or Hereditaments have been upon any informatian or suit (on the behalf of the King or his Predecessors) upon any lawful verdict given, or demurrer in Law, adjudged, and upon a hearing ordered, or decreed to the King, or his predecessors, within the said time of 60 years.
XV. This Act shall not extend to lands, for which composition is, or shall be made, before the end of this Parliament.
XVI. Stat. 21 Jac. 16. All Writs of Formedon in Descender, [Page 335]Remainder, or Revertor, for any title or cause now in esse, shall be sued within 20 years next after this present Session of Parliament, and for any title or cause hereafter accruing within 20 years after such title or cause so accruing: Otherwise, such title shall be for ever after barred, and the party claiming, utterly excluded from entry.
XVII. None now having any right or title of entry into any Mannors, Lands, Tenements or Hereditaments, now held from him or them, shall thereinto enter, but within 20 years next after the end of this Sessions of Parliament, or within 20 years next after any other title accrued: And none shall at any time hereafter make any entry into any Lands, Tenements, or Hereditaments, but within 20 years next after his or their right or title, which shall hereafter first descend or accrue to the same.
XVIII. The Titles of any Infant, Feme covert, non compos mentis, one imprisoned, or beyond sea, are saved, so as they commence their suit within ten years after such imperfections removed.
XIX. All Actions upon the Case, (other then for slander) actions for accompt (other then such as concern Merchandize) Actions or Trespass, Debt, Detinue, Trover, and Replevin, shall be commenced within three years after this present Session of Parliament, or within 6 years after the cause of such actions or suit, and not after.
XX. All actions or trespass, of Assault, Battery, Wounding and imprisonment, shall be commenced within one year after this session, or within four years after the cause of suit, and not after.
XXI. All actions upon the Case for words, shall be commenced within one year after this present session, or within two years after the words spoken, and not after.
XXII. Provided that if in any such actions judgment be given for the Plaintiff, and the same be reversed by Error, or a Verdict pass for him, and upon motion in arrest of judgment, it is given against him, or if the Defendant be outlawed in the suit, and after reverse the outlawry: in these cases the Plaintiff, his Heirs, Executors or Administrators, may commence a new Action within a year after such judgment reversed, or given against the Plaintiff, or outlawry so reversed, and not after.
XXIII. The right of Action in the cases abovesaid is saved to an infant, Feme covert, non compos mentis, a person imprisoned or beyond Sea, so as they commence their suits within the times above limited respectively, after their imperfections removed.

[Page 336]

Linne.

I. Stat. 26 H. 8.9. An Act for the repairing of the Town of Linne: See the Statute at large.

☞ Linnen Cloth.

* I. Stat. 28 H. 8.4. No person whatsoever shall put to sale any piece of Doulas, or Lockeram, unless the just length be expressed thereupon, in pain to forfeit the same, or the value thereof, to be divided betwixt the King and the seiser.
* II. Stat. 1 El. 12. None shall use any means whereby Linnen Cloth shall be deceitful, or made worse for use, in pain to forfeit the same, to suffer a moneths imprisonment, and to be fined by the Justices before whom he shall be condemned.
III. Justices of Oyer and Terminer, and of Assize, and Justices of Peace, or any three of them (1 Quo.) have power to hear and determine these offences.
☞ IV. The Informer that shall at the next Sessions of the Peace after the seiser, to be kept in the County where such seiser is made, or before two Justices, (1 Qu.) make due information of the offence and seiser, or procure the Offender to be there indicted, and be bound by recognizances before the said Justices to pursue the same matter with effect, and give evidence, as of right appertaineth, and pay the one moiety of what he recovers to the Sheriff, or other accomptant for the Queen's use, shall have the other moiety for his paines.
V. The Justices before whom these offences are tried shall by estreat certifie the forfeiture into the Exchequer.

See more title Mannufacture, num. III.

Livery and Ouster le main.

I. Stat. De escheatoribus 29 E. 1. Where, by Inquests taken before the Escheator, upon the King's writ returned, it is found, that nothing is holden of the King, the Escheator shall be immediatly commanded by the King's writ, out of the Chancery, to put from his hands the Lands so taken into the King's hands, and if the Escheator have received any profit thereof, he shall restore it: Howbeit, if the King's title may afterwards be made appear by remembrances in the Chancery, Exchequer or elsewhere, the Lands shall be reseised, and the mean profits answered to the King, and in such [Page 337]case Scire sacias shall issue out against the party to shew cause why they should not be reseised. Vide Artic. super Cart. 28 E. 1. cap. 19. To the like effect as to the Ouster le main, and rendring the mean profits, when there is no cause of seisor.
II. Stat. 28 E. 3.4. Where the King's tenant after he hath had livery, hath been charged with rents, and other paiments become due after such livery for part of the time pro rata; hereafter the Escheator shall be charged with the Casual and continual prosits which happen before the livery (pro rata) according to the time, and the tenant shall receive certain paiments of rent, &c. which happen after the livery, without any abatement thereof (pro rata) for the time.

☞ Liveries of Companies and Retainers.

* I. Stat. 1 R. 2.7. None shall give liveries for maintenance of quarrels or other conspiracies, in pain of imprisonment and grievous forfeiture to the King: And the Justices of Assize shall diligently inquire of such as gather together in Fraternities for such purposes, and shall punish them according to their demerits.

London.

I. Stat. de Gavelet, 10 E. 2. The Lords of Rents in London may recover them by a writ of Gavelet, in their Hoystings, and in default thereof, the Lands, in demesne.
II. Stat. 28 E. 3.10. The Mayors, Sheriffs and Aldermen of London shall cause errours, defaults, and misprisions there to be redressed, in pain to forfeit for the first default 1000 marks, for the second 2000 marks, and for the third to have the franchise and liberty of the City seised: And their defaults herein shall be inquired of by Inquests of Kent, Essex, Sussex, Hertford, Buckingham, and Berks, as well at the King's suit, as of others that will complain.
III. The Maior, Sheriffs and Aldermen, being indicted, shall be caused by due process to come before the King's Justices assigned thereunto out of the City, and there shall be made to answer as well to the King as to the party grieved, and their trial shall be by forein Inquests, as aforesaid; whereupon if they be attainted, the said pain shall be levied upon them, and the Plaintiffs also shall recover treble damages.
IV. In the prosecution of such suits, the Constable of the Tower or his Lievtenant shall execute all processes in the City, which [Page 338]process shall be by attachment, distress and exigent; and in the King's case, the exigent shall be awarded after the first Capias returned, but after the return of the third Capias, at the suit of the party.
V. If they have lands out of the City, process shall issue against them in the Countie, where such lands be, by attachment and distress.
VI. Every of them that appear, shall answer particularly for himself, as well at the peril of him that is absent, as of himself.
VII. This Ordinance shall extend to all other Cities and Boroughs throughout the Realm: Howbeit the Inquests in such cases shall be taken by foreign people of the Counties wherein such Cities and Boroughs are scituate: and the pains to beset upon them shall be adjudged by the Justices thereto assigned.
VIII. Stat. 1 H. 4.15. The penalties of 1000 and 2000 marks (imposed by the Statute of 28 E. 3.) shall not be limited to a certainty, but the penalties shall from henceforth be left to the discretion of the Justices thereunto assigned, in like manner as it is for other Cities and Boroughs.
IX. Stat. 35 H. 8.10. An Act for repairing, making and mending the Conduits in London.

Lords.

I. Stat. 31 H. 8.10. A direction how Lords and other great Officers are to be placed in Parliament: See the Statute at large.

Madder.

I. Stat. 14 Car. 2. ca. 30. IMportation of Madder allowed, and the plantation thereof in England encouraged; and the punishment of such as shall mix it with sand or corrupt it.
II. The said Act repealed per Stat. 15 Ca. 2. Ca. 16. Stat. 3. in fine.

☞ Mainprise and Bail.

I. Marlb. 52 H. 3.27. Albeit a Clark being upon an offence against the Crown (after arrest) let to bail or replevied by the King's command, will not or cannot (by reason of his Clarks Office) make answer before the Justices yet shall not those who let him to bail, or his sureties be amercied, so as he appears before the Justices.
[Page 339]II. West. 1.15. 3 E. 1. Forasmuch as before this time it hath not been determined what persons are repleviable, and what not, save only such as be taken for the death of a man, or by the command of the King or his Justices, or for the Forest; it is now provided that Persons outlawed, and such as have abjured the Realm, Provors, and such as be taken with the manner, Prison-breakers, Thieves, openly defamed and known, Appellees by provors, (during the life of such provors) house-burners, counterfeiters of the King's Seal or Coyn, Excommunicate persons, manifest Offenders and Traitors, are not repleviable by common Writ or without Writ.
III. Persons guilty of Larceny by Inquests, taken before Sheriffs or Bailiffs, or of petty Larceny, not before detected or accessary to any felony, or onely guilty of some light suspicion, are bailable by good sureties, for which the Sheriff shall be answerable.
IV. If any Sheriff or other, having the custody of a prison, set any at large by surety who is not repleviable, and be thereof attainted, he shall loose his fee and office for ever; and if any under officer doth it, he shall suffer three months imprisonment, and make fine at the King's will.
V. If any withhold prisoners repleviable, after they have tendred sufficient surety, he shall be grievously amercied; and if he take any reward for the deliverance of such, he shall pay double to the prisoner, and be also grievously amercied.
VI. Stat. 3 H. 7.3. Two Justices (1. Qu.) have power to let to bail persons bailable by Law, until the next Quarter-Sessions or Goal-delivery, and shall theoe certifie the same, in pain of 10 l.
VII. The Sheriff and all others having the custody of Gaols, shall certifie the names of all prisoners in their custody to the Justices, of Gaol-delivery, at their geneal Gaol-delivery, in pain to forfeit for every such default 5 l.
VIII. The Statute of 1 R. 3.3. which gave power to one Justice of Peace to bail prisoners is repealed.
IX. Stat. 1. 2 P. M. 13. None shall be let to bail, which are forbidden to be bailed by 3 E. 1.15.
X. None arrested for Man-flaughter or Felony (or suspition thereof being bailable by Law) shall be let to bail, save only in open Sessions, or by two Justices (1. Qu.) being both present at the time of such bailment, which shall be certified (together with the examination of the prisoner, and the information of the accusers) under their own hands, at the next Gaol-delivery, and such examination and information shall be taken before the bailment.
XI. The said Justices have power to bind by Recognizance all [Page 340]such as can declare any thing material against the prisoner, to appear at the Gaol-delivery, and shall there make certificate of the said Recognizance.
XII. The Justices that offend any branch of this Act are liable to be fined by the Justices of Gaol-delivery.
XIII. This Act shall not restrain Justices within London and Middlesex to let to bail prisoners, as heretofore they have used, only they shall certifie their examinations, bonds and bailments at the next Gaol-delivery of their Jurisdiction, in pain to be fined as aforesaid.
XIV. Every Habeas Corpus or Certiorari for the removing of a prisoner shall be signed by the chief Justice, or one of the Justices of the Court, out of which the Writ issues, in pain of 5 l. to be forfeited by the writer.
XV. Stat. 2. 3 P. M. 10. One accused of Manslaughter or Felony, who, for want of bail, is to be sent to the Gaol, must be examined by the Justice, before he sends him thither, and the accusers must be bound over to give in evidence against him, whose information must also be taken and committed to writing within two daies after at farthest, and all certified in at the next Gaol-delivery, as by the Statute of 1. 2 P. M. 13. is limited, upon the penalty therein expressed.

Maintenance.

* 1. West. 1.28. 3 E. 1. No Clark of the King or of any Justices shall receive the presentment of any Church for which there is debate in the King's Court, without the King's special licence in pain to lose the Church, and his service: And that no Clark of any Justice or Sheriff take part in any suites, or use fraud, whereby common right may be delaied, in pain to be punished, as aforesaid, and more grievously, if the trespass require it.
II. Stat. 1 E. 3. Parl. 2.14. None shall maintain quarrels, and parties in the Country, to the let and disturbance of the Common Law.
III. Stat. 20 E. 3.4. None shall maintain any quarrels save their own, in pain to have their body, lands and goods to be at the King's pleasure.
IV. Stat. 1 R. 2.4. No great Officer of the King shall maintain quarrels in the County, in pain of a fine, to be imposed by the King and his Council, and no other person; in pain of imprisonment and to be fined at the King's will, and if he be the King's Officer, or houshold servant, he shall also lose his Office.
[Page 341]V. Stat. 7 R. 2.15. The Statutes of 1 E. 3. Parl. 2.14. 4 E. 3.11. (which see in Nisi prius) 1 R. 2.4. and 1 R. 2.9. (which see in Feofments) made against Maintenance and Champerty: shall be duly put in execution.
* VI. Stat. 32 H. 8.9. All Statutes which concern Maintenance, Champerty, and Embracery shall be duly put in execution.
VII. None shall buy any pretended right or title to any land, unless the Seller hath taken the proofits thereof one whole year next, before such bargain, in pain that both the buyer and seller shall each of them forfeit the value of the same land, to be divided betwixt the King and the prosecutor.
VIII. None shall unlawfully maintain any suit or Action, retain any person for maintenance, [...]mbrace Jurors, or suborn witnesses to the hindrance of justice, or the procurement of perjury, in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor.
IX. Howbeit purchasing of a pretended title by him that is already lawfully possessed of the thing whereunto title is made, is lawful.
X. Proclamations shall be made at the Assizes of the Statutes made against Maintenance, Champerty, Embracery, and unlawful retainers.
XI. The offenders against this Act shall be prosecuted within one year.

☞ Malt.

I. Stat. 17 R. 2.4. Malt made in the Counties of Huntingdon, Cambridge, Northampton, and Bedford, and brought to London for the provision of the Court and City shall be well cleansed from dust and other filth: and Mayors, Bailiffs and Wardens of Towns and places, where it is sold, have power to make search and to see such defaults redressed.
* II. Stat. 2 E. 6.10. None shall imploy less time in the making and drying of Malt, except in the moneths of June, July and August then three weeks; and in those moneths less then 17 days; nor put to sale any Malt mingled of good and bad, in pain to forfeit for every quarter so put to sale 2 s. to be divided betwixt the King and the prosecutor.
III. None shall put any Malt to sale before (by treading, rubbing and fanning it) he shall have conveniently taken out of every quarter half a peck of dust or more, in pain to forfeit 20 d. for every [Page 342]quarter otherwise sold; to be divided betwixt the King and the prosecutor.
IV. Justices of Peace in Sessions and Stewards in Leets have power to hear and determine these offences, as well by presentment of twelve men, as by information of two witnesses.
V. Bailiffs and Constables of Towns and places, where faulty Malt is made or mingled, as aforesaid, have power to make search for it, and being found (with the advice of a Justice of Peace) to make sale thereof at their discretions.
VI. None shall be punished by this Act, who onely maketh Malt for his own provision, nor unless the Action be prosecuted within one year.
☞ VII. Stat. 39 El. 16. Justices of Peace in Sessions have power at their discretions to restrain the superfluous number of Malsters, and also of the buyers of Barley to be converted into Malt.
VIII. If any person shall be convicted by the testimony of two Witnesses or his own confession, to have disobeyed the restraint aforesaid, they shall suffer three days imprisonment without bail, and shall there remain untill they shall (before some Justice of Peace) become bound by recognizance in 40 l. to obey the said restraint.
IX. Justices of Peace in the County shall not execute this Law within Corporations; but onely the Justices and chief Officers of the same Corporations.
X. Such as have Barly of their own growing, tith-corn, or rent-corn, may convert it into Malt, notwithstanding this Statute.
XI. Malsters shall not meddle with the execution of this Act.
XII. Stat. 3 Jac. 11. When Malt is at 16 s. the quarter, Beer may be transported to the King's Allies in Cask: And the impost shall be 8 s. and the Custom 18 d. for a subject; but for a Stranger 10 s. and 22 d. half peny.
XIII. This Act shall not infringe the Statute of 35 El. 11.1 Jac. 25. or any other Statute made for the bringing in of Clapboard, Cask, or Scaffold board.

Manufactures.

* I. Stat. 14 Car. 2. cap. 13. An Act prohibiting importation of forein Bone-lace, Cutting Imbroidery, Fringe, Bandstrings, Buttons and Needle-work.
II. Justices of the Peace may cause search to be made for any of the said Wares imported contrary to this Act. See the Act at large.
[Page 343]III. Stat. 15 Car. 2. cap. 15 Stat. 3. Any person Native or Alien may freely set up or use the trade of breaking, or dressing of Hemp, Flax, making of Threed, Twine, or Nets for Fishery, or of Storing of Cordage, and the trade of making any fort of Tapistery.
IV. All foreiners bonâ fide using the said trades in England, Wales or Barwick, by 3 years and taking the oathes of Allegiance and Spuremacy before 2 Justices of the Peace, next dwelling (who are impowred hereby to administer the same) shall enjoy all previledges as natural born subjects.
V. All foreigners which shall exercise any the said trades by vertue of this Act, shall not pay any other taxes or impositions then as natural born subjects, unless they use Merchandise into foreign parts, in which case they shall pay such customs as Aliens for 5 years next ensuing and no longer.

Merchants, Merchandise.

I. Magna Charta, 30. 9 H. 3. Merchant-strangers shall have safe conduct of coming into, going out of, and remaining in England, to buy and sell without being exacted upon by excessive tolls, except in time of war, if they be of our enemies Countrey: And albeit they be so, yet so long as our Merchants be used well there, they shall have the like usage here.
II. Stat. 9 E. 3.1. Merchant-strangers may freely buy and sell within the Realm, without disturbance, except they be alien enemies.
III. If any disturbance or abuse be offered them or any other Merchant in a Corporation, and the Head-Officer there do not (upon request) provide remedy, the Franchise shall be seised into the King's hand, and the disturber (being thereof attainted) shall answer double damages to the party grieved, suffer one years imprisonment, and be ransomed at the King's will.
IV. If the disturbance be out of a Franchise, and the Lord there or his Bailiff, Constable, or other Chief Ruler do not (upon request) provide remedy, he shall (being attainted thereof) render double damages to the party grieved, and the disturber (being also thereof attainted) shall also suffer one whole years imprisonment, and be ransomed at the King's will.
V. Howbeit Merchants-aliens shall carry no wines out of this Realm.
VI. This Law shall be strictly observed throughout the Realm, [Page 344]notwithstanding any Charter, Franchise, or Custom to the contrary, saving to the King his due Customs.
VII. The Chancellor, Treasurer, Justices assigned by commission to hold pleas, and others by special commission from the King, shall have power to hear and determine these misdemeanors.
VIII. Stat. 14 E. 3. Stat. 2.2. All Merchants (except enemies) may safely come into England with their goods and Merchandize, tarry and return, paying the customs and subsidies.
IX. Franchises and free customs reasonably granted to Cities, Towns and Burroughs are saved.
X. Stat. 25 E. 3. Stat. 4.2. The Statute of 9 E. 3.1. is confirmed, and all Statutes, Charters, Letters Pattents, Proclamations, Commandements, Usages, Allowances, and Judgments to the contrary are repealed and made void.
XI. All Merchants may freely sell their commodities without challenge or impeachment of any Officer or other, notwithstanding any franchise, grant, or custom to the contrary.
XII. The King may assign Justices to inquire of such as offend this Law, and to inflict punishment upon them according to the said Statute of 9 E. 3.
XIII. Any that will sue against any such offender may have a writ out of the Chancery for that purpose.
XIV. Stat. Stapul. 27 E. 3. Stat. 2.2. A safe conduct is granted to Merchant-Strangers (except alien enemies) to come and dwell in this Realm, and to return when they please, as also to sell their commodities without having them taken from them against their will upon any colour whatsoever.
XV. If any Officer or other offend against this Law, he shall be arrested by the Head-Officer of the place, if it be out of the Staple, and if within the Staple, then by the Major and Ministers of the Staple, and shall be speedily proceeded against according to the Staple Law, and not at the Common Law, and being attainted thereof, shall answer double damages to the party grieved and as much to the King.
XVI. All Commissions made or to be made to take such prices of Merchants shall be void.
XVII. Stat. 27 E. 3. Stat 2.3. All Merchants may buy Merchandise of the Staple, so as they bring them to the Staple.
XVIII. It shall be felony for an English, Welsh, or Irish man to transport Wool, Leather, Woolfels, or Lead.
XIX. No English, VVelsh, or Irish man shall transport Wool, Leather, Woolfels, or Lead in a strangers name, or keep a servant [Page 345]beyond Sea to survey the sale thereof, or to receive mony there for the same.
XX. There shall be no Exchange of wares for Merchandize of the Staple, but payment in gold, silver, or English, VVelsh or Irish merchandize; neither shall any Merchants make any confederacy in fraud or deceit of this Ordinance; and all this upon the pains aforesaid.
XXI. Every man may carry his own Wooll, Leather, Woolfels and Lead to the Staple to sell them there; howbeit he shall then warrant the packing of his wools.
XXII. Stat. 27 E. 3. Stat. 2.11. All Merchants may freely sell their merchandize at the Staple by gross or by retail without challenge or impeachment; but it shall be felony to forestal, buy, or give earnest for any merchandize before they come to the Staple or Port, or to enter the Ship for that purpose.
XXIII. Stat. 27 E. 3. Stat. 2.13. If a Merchant lose his goods at Sea by Piracy or Tempest (not being wreck) and they afterwards come to land, if he can make proof that they are his goods, they shall be restored to him in places guildable, by the King's Officers and 6 men of the Country, and in other places, by the Lords there or their Officers, and 6 men of the Country.
XXIV. Stat. 27 E. 3. Stat. 2.17. No Merchant shall be impleaded for another's trespass and debt, whereof he is not debtor, pledg, nor main pernor; Howbeit, if any of this Realm indammaged by forein Lords or their subjects have not right done them, Letters of Mart shall be granted to repair them.
XXV. If any difference arise betwixt the King and any other forein Lord, who hath Merchants here his subjects, those Merchants shall have (by Proclamation) fourty dayes given them to depart, and if (for some just cause) they cannot go so soon, they shall have longer time given them, until they may conveniently depart, and shall in the mean time sell their Merchandize, if they can.
XXVI. Stat. 27 E. 3. Stat. 2.26. Merchant-Strangers upon letters of credence, or their oath, shall be believed concerning the content of their merchandize, and shall pay 3 d. per libr. according to the content so testified, and their goods shall be thereupon immediately delivered unto them without unsealing or opening them according to the Charter granted them by E. 1. and confirmed by this King, and all this in pain that the Officer herein offending shall suffer imprisonment, pay quadruple dammages to the party grieved, and as much to the King: And here the remedy shall be in Chancery.
[Page 346]XXVII. Stat. 38 E. 1.2. Any Merchant may use more merchandize then one, notwithstanding the Statute of 37 E. 3.5. and may buy, sell and transport all kind of Merchandize, paying the customs and subsidies due for the same, wool and woolfels only excepted.
XXVIII. Stat. 2 R. 2.1. Merchant strangers (not enemies) may buy and sell all things vendible within the Realm in gross or by retail, except wines and great wares, as cloth of gold and silver, silk, sandal, napery, cloth, canvas, and the like, which are to be sold in gross or by whole pieces, in pain of forfeiture thereof.
XXIX. Here the priviledges of Prelates and Lords for purveyances, and the things provided for by the Statute of the Staple of Calais are saved.
XXX. Merchants may buy and sell in Fairs and Markets in gross or by retail, notwithstanding this Statute.
XXXI. Disturbers of Merchants against this Act (being thereof attainted) shall render double dammages, suffer a years imprisonment, and to be ransomed at the King's will.
XXXII. If right be not done to the party grieved in a Frainchise, it shall be seised into the King's hands; if out of a Franchise, the Lord or his Officer shall render to the party grieved double dammages.
XXXIII. The Chancellor, Treasurer, Justices assigned to hold pleas, and Justices assigned by special Commission shall hear and determine these offences.
XXXIV. Stat. 5 R. 2. Stat. 2.1. Merchant strangers may come into this Realm, continue here, and depart at their pleasure, without disturbance or impeachment of any, and shall be friendly entertained and intreated of all.
XXXV. Stat. 11 R. 2.7. The Statutes of 9 E. 3.1. and 25 E. 3. Stat. 4.2. are confirmed, notwithstanding any Charter, Proclamation, Custom, &c. to the contrary.
XXXVI. Stat. 14 R. 1.9. Merchants strangers shall be courteously intreated, to the end they may be thereby the rather incouraged to come into this.
XXXVII. Stat. 16 R. 2.1. No Merchant-stranger shall buy or sell within the Realm with another Merchant stranger to sell again; nor shall sell any Merchandize by retail but victuals: only wine he shall sell by whole vessels.
XXXVIII. The Statutes of 9 E. 3.1. 25 E. 3. Stat. 4.2. & 11 R. 2.7. are confirmed.
XXXIX. Stat. 20 R. 2.4. The Statute of 28 E. 31. (which see [Page 347]in Staple) is confirmed, notwithstanding any Ordinance or usage to the contrary.
XL. Stat. 4 H. 4.15. Merchants shall not export the money which they receive for Merchandize imported, but shall bestow it upon merchandize of this Realm, their reasonable costs excepted.
XLI. Stat. 5 H. 4.7. Merchant-Strangers shall be used in this Realm, as merchants Denizons be in other Countrys in pain that such Merchant-Strangers shall forfeit their goods and suffer imprisonment.
XLII. Stat. 5 H. 4.9. Merchant-strangers shall give security to the King's Customers and Controllers to employ their money upon the Commodities of this Realm, their reasonable costs excepted.
XLIII. The Statute of 4 H. 15. is confirmed.
XLIV. Merchant-strangers shall sell their Commodities within a quarter of a year next after their arrival, and imploy the money received by exchange upon Commodities of this Realm, in pain to forfeit the same money.
XLV. No Merchant-stranger shall sell any Merchandize to another Merchant stranger, in pain to forfeit the same.
XLVI. The head-officer or officers of the Port where a Merchant-stranger shall arrive, shall assign him an Host, with whom he shall reside, and the Host shall take for his pains as hath been accustomed.
XLVII. Stat. 6 H. 4.4. The clause of the Statute of 5 H. 4.9. injoyning Merchant strangers to sel their Commodities within a quarter of a year next after their arrival, is repealed, saving the liberties of London.
XLVIII. Merchant strangers shall not export any Merchandize imported by the Merchant-strangers.
XLIX. Stat. 7 H. 4.9. All Merchandize may be sold in gross in London, as well to all the King's people, and to the Citizens of London, notwithstanding any franchise or Liberty to the contrary.
L. Stat. 4 H. 5.5. The Statutes of 5 H. 4.7. & 5 H. 4.9. touching the using of Merchants strangers, are confirmed.
LI. Stat. 8 H. 6.24. No Merchant Alien shall constrain any of the King's subjects to pay him his debt in gold, nor refuse to receive payment thereof in silver, in pain to forfeit the double value thereof.
LII. No English man shall sell his goods to a Merchant-alien but for present payment in money or for other Merchandize to be [Page 348]presently delivered, in pain to forfeit the same.
LIII. Stat. 3 E. 4.5. Certain wares and Merchandize, which it is not lawful to bring into this Realm ready wrought, being things made by handy-craft-men: See the Statute at large.
LIV. Such wares taken upon the Sea, or coming a shore by wreck, and such as are wrought in Ireland or Wales are excepted.
LV. Chief Officers of Cities, Towns, &c. shall have authority to make search for wares of that kind, which are defective. But here S. Martins le grand is excepted: Howbeit this Statute was to stand in force but during the King's will, and therefore quaere whether it be now in force.
LVI. Stat. 17 E. 4.1. Pars inde. Every Merchant Alien or other stranger shall imploy the mony by them received here, upon the merchandize of this Realm, or else (without fraud) put the same mony in due payment, within this Realm, to be proved by the Merchant unto whom it is so imployed, or otherwise before the Customer, Controller, or head Officer or Officers of the place, where it is so imployed, in pain to forfeit all his goods found within this Realm, and to suffer a years imprisonment; onely his reasonable costs are to be deducted.
LVII. The forfeiture to be divided betwixt the King and the Prosecutor.
LVIII. Stat. 1 R. 3.9. Italian Merchants, shall sell their Merchandize at the Port where they land, in gross, and not by retail, in pain to forfeit the value thereof.
LIX. They shall also sell their commodities brought thither within 8 moneths after their arrival, and shall within that time imploy the mony received for the same upon English Commodities, (their reasonable expences deducted) and not make over that mony by Exchange: And if within that time they cannot make off their wares, they shall within 2 moneths after the 8 moneths (or as soon as they can) convey them out of the Realm, in pain to forfeit the mony so made over by exchange, and merchandize sold after the 8 moneths, and not conveyed away as aforesaid, or the value thereof.
LX. They may transport their Merchandize from one Port to another, so as they sell them within the said 8 moneths.
LXI. No Merchant stranger shall be Host to another Merchant-stranger, unless they be of the same nation in pain of 40 l.
LXII. No such Italian-merchant shall buy and sell any wool or woollen cloth, within this Realm, neither shall they make any woollen cloth, or deliver wool to that end, in pain to forfeit the value thereof.
[Page 349]LXIII. Stat. 1 R. 3.12. No Merchant-stranger shall import into this Realm to be sold, any Girdles, Harness wrought for Girdles; Points, Leather-laces, Purses, Pouches, Pins, Gloves, Knives, Hangers, Tailor's-sheers, Sisors, Andirons, Cobbards, Tongs, Fireforks, Gridirons, Stock-locks, Keys, Hinges, and Garnets, Spurs, painted-Glasses, painted-paper, painted-Forcers, painted-Images, painted-Clothes, beaten Gold or Silver wrought in papers for Painters, Saddles, Saddle-trees, Horse-harness, Boots, Bits, Stirrups, Buckles, Chains, Lattin-nailes with Iron-shanks, Turnets, hanging Candlesticks, holy-water Pots, Chasing-dishes, hanging-Lavers, Curtain-rings, Cards for wool, Roan-cards (except Clasps for Garments) Sheers, Buckles for shooes, Spits, Bells, Hawks-bells, Tin and Leaden Spoons, Wire of Latin and Iron, Iron-Candlesticks, Grates, Horns for Lanthorns, or any of the said wares ready made and wrought, in pain to forfeit the same or the value thereof, to be divided betwixt the King and the prosecutor.
LXIV. Stat. 3 H. 7.8. The Statute of 17 E. 4.1. is confirmed and made perpetual.
LXV. Merchants of Ireland, Jernsey and Gernsey are made liable to the same law upon the like pains.
LXVI. Customers and Controllers shall take security of Merchant strangers to observe the said law.
LXVII. Stat. 12 H. 7.6. Every English-man being the King's true liegeman, may freely trade at the Marts in Flanders, Holland, Zealand, Brabant, and other of the Archduke of Burgoins Countrys without any exaction, fines, or other contribution whatsoever to be levied of him by the fellowship of Merchants in London, or by any other for their use, or of any other such fraternity, 10 marks only excepted, and none shall in such case take or levy upon any person any such exaction, more then the said 10 marks, in pain to forfeit 20 l. to the King, and 10 times so much as they shall take more then the 10 marks aforesaid to be recovered by Action of debt, &c.
LXVIII. Stat. 1 El. 11. None shall lade or unlade into or out of any Ship or other Vessel, any goods, wares, or merchandize whatsoever, Fish taken by English-men only excepted, and unless it be upon a leck or wreck, to be imported or exported, but onely in the day time, viz. from the 1 of March until the last of September, betwixt Sun-rising and Sun-set, and from the last of September to the 1 of March between the hours of 7 and 4, and that in such places, as the Queen shall (by Commission) before the 1 of September next assign for that purpose, in pain to forfeit the goods, wares, or merchandize otherwise laden or unladen or the value thereof.
[Page 350]LXIX. The places so to be assigned shall be at London, Southhampton, Bristol, Westchester, Newcastle, and in all other places (Hull onely excepted) where there is a Customer, Controller and searcher.
LXX. The Owner, Master, or other having the charge of any ship or other vessel, which doth offend against this Law, shall forfeit 5 l.
LXXI. The Master or other having charge of the Vessel, shall acquaint the Customer, or other officer with the times of his lading and departure, as also what persons are to have lading with him, and shall answer such questions concerning his loading as shall be demanded him by such Officer, upon oath, or otherwise; and all this in pain of an 100 l. the like shall be obferved when he imports any merchandize, vice versa, and upon the like pain.
LXXII. None shall enter any goods in the Customer's books but in the right owners name, in pain to forfeit the value thereof.
LXXIII. If any Officer of the Custom-house conceal any offence committed against this Act, and disclose it not within a moneth unto the chief Officer there, or unto the Lord Treasurer, Chancellor, under-Treasurer, or one of the Barons of the Exchequer, or unto the Attorney-general he shall forfeit 100 l.
LXXIV. Customers, Controllers and Searchers have power to make Deputies in Ports, Creeks and Roads, and both they and their Deputies shall duly and faithfully execnte their offices, in pain of a 100 l. and to lose their places.
LXXV. Such custom shall be paid for sweet Wines, as hath formerly been paid for Malmseys.
LXXVI. This Act shall not infringe the liberties granted to the Isle of Anglesey, and the Counties of Flint and Carnarvan, so as they pay the due Customs, and Subsidies, and lade and discharge within the times and hours above mentioned.
LXXVII. Stat. 43 El. 12. The Lord Chancellor, or Keeper shall award a standing Commission (to be renewed yearly, or as often as to him shall seem meet) for the hearing and determining of all such causes arising, and policies of assurances, as shall be entred in the office of Assurance in London.
LXXVIII. This Commission shall be directed to the Judge of the Admiralty, the Recorder of London, two Doctors of the Civil Law, 2 common Lawyers, and 8 grave and discreet Merchants, or to any 5 of them, which Commissioners, or the greater part of them shall have power to hear, and examine, order and decree all such causes in a brief and summary course, as to their discretion shall seem meet without formality of pleadings or proceedings.
[Page 351]LXXIX. The Commissioners have also power to summon the parties, examine witnesses upon oath, and commit to prison such as contemn or disobey their orders or decrees: they shall meet and sit once a week at least in the office of Assurances, or some other convenient publick place, for the execution of the said Commission: And no fees at all shall be there exacted by any person whatsoever.
LXXX. If any be grieved by their sentence or decree, he may exhibit his bill in Chancery for the re-examination thereof, so as he first satisfie the sentence so awarded, or deposit with the Commissioners the summ awarded, and then (albeit he be imprisoned) he may be inlarged; and here the Lord Chancellor (or Keeper) hath power to reverse or affirm every such sentence or decree, and in case it be affirmed, to award the party assured double cost.
LXXXI. No Commissioner shall meddle in the execution of this Commission in any cause, wherein himself is party Assurer or Assured, not until he hath taken his corporal oath before the Mayor and Court of Aldermen, to proceed uprightly and indifferently between party and party, onely the Judg of the Admiralty and Recorder are excused from such oath.
LXXXII. Stat. 3 Jac. 6. All the Kings subjects shall have free trade into and from, Spain, Portugal and France, notwithstanding the late grant of an Incorporation to prohibit the same, or any other Act or thing whatsoever to the contrary.
LXXXIII. Provided that this Act shall not give liberty for any person to go beyond Sea, who by Law is restrained from going without licence.
LXXXIV. Stat. 3 Jac. 9. No merchant or other shall dress or cause to be dressed in his house, or by any workman (being no Skinner) appointed by him for that purpose, any black Cony-skins of this Realm, nor transport any such or pack them to be transported, before they be tawed, and duly wrought by such as are Artizan Skinners, or Tawers under them, in pain to forfeit them or the value thereof.
LXXXV. No Merchant shall buy or contract for any Cony-skins or Lambs-skins under the number of 1000 black Cony-skins, 3000 grey Cony-skins, and 2000 Lambs-skins at one and the same time, to be so bought, and delivered intirely together and not by parcels, except they be bought of the Artizan-skinners: neither shall the Merchant sell them again in less parcels then as aforesaid (unless to the said Artizan-skinners) in pain to forfeit the same, or the value thereof.
[Page 352]LXXXVI. None shall retain any Servant, Journey-man or Apprentice to work in the trade of a Skinner, unless he himself hath served 7 years as an Apprentice in the same trade, in pain to forfeit the double value of his ware so wrought.
LXXXVII. The forfeitures aforesaid are to be divided betwixt the King and the seisor or prosecutor.
LXXXVIII. Stat. 4 Jac. 9. The general Statute of 3 Jac. 6. neither doth nor shall dissolve or impeach the Charter of Incorporation granted by Queen El. to certain Merchants of Exeter and their successors.
LXXXIX. Stat. 14 Car. 2. ca. 23. Upon some defects in the Statute 43 Eliz. ca. 12. recited. It is enacted, That the Lord Chancellor or Keeper of the Great-Seal shall yearly issue out one standing Commission, authorising Commissioners or any 3 of them, whereof a Doctor of the Civil-Law, or a Barrister at Commonlaw, of 5 years standing to be always one, to make a Court of Pollicies of Assurance, and act as any 5 before might have done.
XC. The said Commissioners or any 3 of them impowred to summon parties and witnesses, and upon Contempts or delay in the witnesses upon first summons and tender of reasonable charges: and in the parties upon second summons, to imprison offendors, or give costs: every Commissioner having taken the oath before the Lord Mayor of London to proceed uprightly in execution of the said Commission.
XCI. Commissions may issue out of the Court of Admiralty for examining witnesses beyond Sea or in remote place, by direction of the said Commissioners or any 3 of them: And decrees may be made against the body and goods, and against the Executors, &c. and execution accordingly, and assess costs of suit as to them shall seem just.
XCII. Any of the Commissioners may administer an oath to any witness legally summoned, so as the adverse party have timely notice, to the end witnesses be truly examined.
XCIII. Provided, Execution in no case be against body and goods for the same debt.
XCIV. Provided, An Appeal may be to the Chancery, as in the said former Act.

[Page 369]

Marshalsey.

I. Artic. super Cart. 3. 28. E. 1. The Stewards and Marshals of the Kings house shall not hold plea of freehold, debt, covenant, or contract, but only trespass done in the house or Verge, or of contracts and covenants when both parties are of the house: and the plea of trespass shall be determined before the Kings departure from the Verge, where the trespass was committed, and therefore the plea thereof shall be speedy, de die in diem, and if the plea cannot be determined in time, the Plaintiff shall (in such case) have recourse to the Common Law.
II. The Steward shall from henceforth take no conusance of debt or other things, but of the people of the same house, nor shall hold plea by obligation made at the distress of the said Stewards or Marshals: And if any thing be done contrary to this Act, it shall be holden void.
III. In case of death within the Verge where the Coroner is to make view, the Coroner of the County together with the Kings Coroner shall do his office, and inrol it: And what cannot be determined by the Steward before the Kings departure, shall be remitted to the Common Law; so that Exigents, Outlawries, and Presentments shall be made thereupon in Eyre by the Coroner of the County, as in case of other Felonies done out of the Verge [...] Howbeit they shall not omit by reason hereof to make attachments freshly upon the Felonies done.
IV. Stat. 5. E. 3.2. Pars inde. and 10 E. 3. Stat. 2.2. Inquests before the Steward and Marshal of the Kings house shall be taken by men of the Countrey thereabouts, and not by men of the Kings house, except it be contracts, covenants, or trespasses, when both parties are of the same house, and in the house.
V. Stat. 9. R. 2.5. Priests and others of the Holy Church, taken in the Marshalsey, shall pay such fees as Lay-people pay and no more.
VI. Stat. 13. R. 2. Stat. 1.3. The jurisdiction of the Steward and Marshal of the Kings house shall extend no further then 12 miles from the Kings lodging.
VII. Stat. 4. H. 2.23. The fees of the Marshal of the Kings house shall be as in times past, and no more, viz. for him that cometh in by Capias, 4 d. and if he be bailed, 3 d. more: of the defendant in trespass that findeth bail to answer the suit 2 d. for every commitment by judgment, 4 d. o [...] every one delivered of Felony, and of a Felon bailed by the Court, 4 d. And if the Marshal or his [Page 370]Officers take more, they shall lose their Offices, and pay treble damages to the party grieved, and that the party grieved have his suit before the Steward of the same Court.
VIII. Here a server of bills shall take no more then 1 d. for every mile distant from the Court to the place where he doth his office; but when he serves a v [...]nire facias or a distringas, he shall have the double. If such an Officer takes more, he shall be imprisoned, make a Fine to the King at the discretion of the Steward, and be from thenceforth fore-judged the Court.
IX. Stat. 15. H. 6.1. In a suit commenced before the Steward and Marshal of the Kings house, the defendant shall not be estopped to plead, that the Plaintiff or he are not of the Kings house; but his averment thereof shall be received, notwithstanding any record of the same Court to be produced to the contrary.

Marshes, Fens, &c.

I. Stat. 4. Jac. 8. An Act for winning from Inundation the drowned grounds and Marshes of Lesnes and Fants in Kent, by the 10. of October, 1609. See the Statute.
II. Stat. 4. Jac. 13. Another for draining the Fens and low grounds in the Isle of Ely, containing about 6000. Acres, compassed about with banks called the Ring of Waldersey and Coldham: See also the Statute.
III. Stat. 7. Jac. 20. A mean to recover a great quantity of ground, lately surrounded in Norfolk and Suffolk by the Sea, and to prevent the like for the future: See the Statute.
IV. Stat. 15. Car. 2. cap. 17. An Act for setling the draining the great level of the Fens, called, Bedford Level. See the Act at large.
V. Stat. 16. & 17. Car. 2. cap. 11. An Act for draining of the Fen called, Deeping Fen, and other Fens therein mentioned. See the Act at large.

Masons.

I. Stat. 3. H. 6.1. It shall be felony to plot confederacies amongst Masons; and such as assemble upon such confederacies shall suffer Imprisonment, and make fine and ransome at the Kings will.

☞ Matrimony and Marriage.

I. Stat. 32. H. 8.38. Pars inde. All Marriages shall be adjudged lawful, that are not prohibited by Gods Law.
[Page 371]II. Stat. 23. E. 6.21. All Laws, Canons, Constitutions, and Ordinances which prohibit marriage to spiritual persons, who by Gods Law may marry, and all pain and forfeitures therein contained shall be void.
III. Provided, that this Act shall not give liberty to marry without asking in the Church, and other Ceremonies appointed by the Book of Common Prayer.
IV. Degrees and divorces heretofore made are saved.
V. Stat. 5. E. 6.12. The Marriage of Priests and other spiritual persons shall be lawful, and their Children legitimate and inheritable, likewise they to be tenants by the Curtesy, and their Wives nowable.
VI. Stat. 1. Jac. 11. A Bigamus shall suffer death as a felon, unless he or she have had no notice, that the husband or wife was living within seven years before, or the marriage be severed by divorce.
VII. This felony shall cause no corruption of blood, or loss of dower or inheritance.
VIII. Stat. 12. Car. 2. ca. 33. All Marriages had and solemnized in any of the Kings Dominions since the 1. of May, 1642. before any Justice of Peace of England, or other his Dominions, and so pronounced and declared, or had and solemnized, according to Act, or Ordinance of Parliament, or any Convention having that style; shall be adjudged good and valid in Law, as if the same had been solemnized according to the Rites and Ceremonies of the Church of England.

Mesne.

I. Stat. Westm. 2.9. 13. E. 1. The tenant distrained by the Chief Lord, may have a writ of Mesne in the County, where he is distreined, against the Mesne, who having land in that County, and not appearing till the Grand distress, day shall be given in the Grand distress, so as two Counties may be holden before the return, wherein the Sheriff shall proclaim, that he come to answer the tenant at the day, at which day, if he come not, he loseth his service, and then the tenant shall answer to the Chief Lord such services as he ought to have done to the Mesne.
II. The Chief Lord shall not distrein the tenant, so long as he offers him the services due; and if the Lord exact more then the Mesne ought to do, the tenant may have such remedy, as the Mesne might have had.
III. Upon a return, that the Mesne hath nothing to be summoned [Page 372]by, an attachment shall go out, and then upon a Nihil returned, the G [...]a [...]d distress with Proclamation as before.
IV. The Mesne having no l [...]nd in that County, but in another, upon such a return by the Sheriff, the party shall have a Writ judicial to summon the Mesne in that County, where it is testified, that he hath lands, and both there and in the other County shall proceed to the Grand distress, Proclamation, and Judgment, as before.
V. The Mesne comming into the Court, and acknowledging, or being adjudged to acquit the Tenant, and not doing it, the Tenant shall thereupon have a judicial writ of acquittal: whereupon if the Mesne come in, and the Tenant can aver that a Mesne hath not acquitted him, he shall be satisfied his damages, be quit of the Mesne and hold of the chief Lord: And here also, if the Mesne come not at the first distress, then another distress shall go out, Proclamation shall be made, and Judgment had as before.
VI. This Statute extendeth only, where there is but one Mesne 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 lifetime, 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.
[Page 373]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.
[Page 374]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.
[Page 375]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, decre [...]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 contrary: Here also the right of all others (save of the King, and the Governours, and Governesses) is saved.
XXVIII. Such Lands, Parsonages appropriate, &c. belonging to the said Religious houses, as before their coming into the Kings hands, or dissolution, were discharged of Tithes, shall so continue.
XXIX. All rents, services, and other duties are saved to the King, notwithstanding this Act.
XXX. Such Monasteries, &c. As were heretofore exempt from the jurisdiction of the Ordinary, shall from henceforth be within the jurisdiction and visitation of the Ordinaries, in whose Diocess they shall be scituate.
XXXI. The grant of the Abbey of Sipton in Suffolk is confirmed to the Duke of Norfolk, and the Colledge or Chantery of Cobham in Kent to the Lord Cobham, notwithstanding this Act: The right of others being saved.
XXXII. Stat. 37 H. 8.4. All Colledges, Free-Chappels, Chanteries, Hospitals, Fraternities, Brother-hoods, Guilds, and other promotions, made to have continuance for ever, and chargeable with [Page 376]first-fruits and tenths, and also all the Mansion-houses, mannors, lands, tenements, hereditaments, rights, members and appurtenances unto them belonging; which between the fourth of February 27 H. 8. and the 25 of December, the 37 H. 8. were dissolved, relinquished, or otherwise extinct (other then such of them as now are or were in the Kings possession, and have been granted by the Kings Licence, or recovered by a former right or title) shall be adjudged in the actual possession of the King, and of his heirs and successors, in as large manner, [...]s the Governours, Incumbents, Patrons, Donors, or Founders of them, or any of them have since the said fourth of February, 27 H. 8. injoyed the same, or do now injoy them.
XXXIII. All Covenants, Bonds, and Grants of any Rent or Annuity made to any Chantery Priest, or other, having any of the said promotions, in consideration of any bargain, grant, or other assurance of the said promotions, or any part thereof shall be void.
XXXIV. Every person, being in life, which for any sum of money hath sold any of the said promotions, shall repay (upon request) unto the Bargainee, his Executors or Assigns, the money so received: And for non-payment thereof, the said Bargainee shall maintain an Action of debt against them, that so sold the same unto the said Bargainee or his testator, in which Action no essoine, &c. shall be allowed.
XXXV. All gifts, grants, surrenders, and other assurances made to the King of any of the said promotions between the said fourth of February and the 25 of December, shall be good against the bargainors, their successors and assigns, and also against their Founders, Donors, and Patrons heirs and successors.
XXXVI. All Letters Patents made by the King of any of the said promotions or any part thereof, and all assurances thereof made with the Kings assent by any having such promotions shall be good, against the grantors, their heirs and successors, and against their Founders, Donors, and Patrons, their heirs and successors.
XXXVII. The King during his life, may direct Commissions (by warrant to be signed by his own hand) to such persons as he shall think fit, giving them power to enter into so many of the said promotions, chargeable with first-fruits and tenths, as shall be expressed in such several Commissions, and to seize and take the same into the Kings possession, to have and hold the same to him, his heirs and successors.
[Page 377]XXXVIII. The Commissioners (or any two of them) may enquire into any part in the name of the whole, and by such thei [...] ter and seisure, albeit the Lands be in several mens occupations, or lie in several Counties, the King shall be adjudged in the actual possession thereof, without any inquisition, office, or other entry.
XXXIX. The Commissioners, or any two of them, after such seisure made, shall certifie and return every such Commission making mention in writing of their doing therein, according to the words and authority thereby given them.
XL. All such Chanteries and other promotions aforesaid (seised and to be seised, as aforesain) shall be within the order and survey of the Court of Augmentations; and all suits tending to the detriment of the Mannors, lands, and other hereditaments belonging to them, shall be also heard and determined in that Court; Howbeit, suits between party and party concerning the said Mannors, Lands, &c. shall be heard and determined by the Common Law and Statutes of this Realm, and not in the said Court.
XLI. All Assurances made of any Inheritance or Free-hold (without the Kings assent) by any Chantery Priest, or other Governour having any of the said promotions (being not made to the King) shall be void, as well against the King, as against the successor of such Chantery Priest, or other Governour.
XLII. The right of others is saved, other then the Governors and their Founders, Patrons, or Donors, their heirs, and successors, and other then such persons, their heirs, successors and assigns, as claim any free-hold or inheritance by conveyance from any such Governor, without the Kings assent thereunto.
XLIII. If any such Governour within one year before the 23. of Novemb. in the 27 H. 8. hath made, or shall hereafter make any lease for life or years, of any such promotion, or any part thereof, which was not for the most part of twenty years before such lease let to farm, but in their own occupation: Or within the said time hath made, or shall hereafter make, any such lease in reversion, the old lease not being then expired: Or within the said time hath made, or shall hereafter make, any such lease, without reserving the accustomed yearly rent paid for the same twenty years next before the said 23. of November: Or have made any Wood sale, the Woods being yet standing, that then every such lease and grant shall be void.
XLIV. This Act shall not extend to any Lands or other Hereditaments, whereof such Governors now are, or hereafter shall be, seised or possessed to their own use, nor united nor annexed to their [Page 378]promotions; nor to Lands or Pensions granted or to be granted by the King unto such Governors (for life only) under the Great Seal or the Seal of the Augmentations.
XLV. The Governors, from whom the King (by force of this Act) taketh any Lands, &c. shall be proportionably abated for the same, in their Tenths and First-fruits.
XLVI. Every person having any Annuity, or rent issuing out of any such promotion, shall still enjoy them notwithstanding this Act: Also he that hath bought and paid for any wood, shall have his money again, or the same wood.
XLVII. All payments for the First-fruits, hapning after such seisure, as aforesaid, are discharged.
XLVIII. All Rents, Services, Issues, and Profits payable out of such promotions into the Exchequer, shall be still continued, notwithstanding this Act.
XLIX. Stat. 1 E. 6.14. All Colledges, Free Chappels, and Chanteries in esse, within five years before the first day of this Parliament which were not in the actual and real possession of the late King, nor of E. 6. nor excepted in 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.
[Page 379]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 [Page 380](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, th [...]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 [Page 381]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 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 [Page 380] [...] [Page 381] [...] [Page 382]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 Attlebo [...]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 [Page 383]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 be no defrauding of this Statute.
[Page 384]XII. Cap. 9. Search shall be made for money exported, and false money imported.
XIII. Cap. 10. The Searchers shall have the fourth part of the forfeiture.
XIV. Cap. 11. Hostlers (viz. Innc-keepers, and Victuallers) shall be sworn to search their guests.
XV. Stat. 18 E. 3. Stat. 2.6. Money shall be made, and exchanges ordained where the King shall please.
XVI. Stat. 25 E. 3. Stat. 5.13. Money shall not be impaired in weight or alloy.
XVII. Stat. 25 E. 3. Stat. 5.20. Plate of Gold and Silver shall be received into the Kings Mint by weight, and not by number, and so also shall the Money be returned.
XVIII. Stat. 38 E. 3. Stat. 1.2. None shall export Gold or Silver in money or Plate, but Victuallers of fish, who fish for Herring or other fish, and such as import fish in small vessels, who meddle not with other Merchandize, but not otherwise then as the Chancellor shall think fit.
XIX. Stat. 5 R. 2.2. None shall export Gold or Silver: But quaere whether this Statute be not repealed by 4 Jac. 1.
XX. Stat. 17 R. 2.1. The Statute of 9 E. 3. cap. 3. shall be duly executed, and none shall melt Groats or half Groats into Vessel, upon the pain contained in that Statute.
* XXI. Foreign Coin shall not be current in England, but shall be brought to the bullion, there to be molten into the coin of England, in pain of forfeiture thereof and imprisonment, neither shall there be any exchange of English money for Scotch money, upon the like pain.
XXII. Stat. 2 H. 4.5. If the Kings Searchers find any money or plate in the custody of any ready to pass beyond sea, or in any ship which is to go beyond Sea, it shall be forfeited to the King, save the parties reasonable expences, which he shall also lose, unless he presently confess the truth.
XXIII. Provided, that Merchant-strangers, that sell their Merchandize in England, and do imploy half their money received for the same upon other merchandize of England, may (by the Kings licence) export the other half thereof without prejudice.
XXIV. Stat. 4 H. 4.10. A third part of all silver money which shall be brought to the Bullion, shall be coined into half pence and farthings, of each alike, and the Coiner shall make oath so to do.
XXV. No Goldsmith shall melt half-pence or farthings, in pain to forfeit four times so much as he so melts.
[Page 385]XXVI. Stat. 11 H. 4.5. Gally half-pence shall not be current in England, and all Statutes formerly made concerning Money are confirmed.
XXVII. Stat. 13 H. 4. 6 The Statute of 11 H. 4.5. and all other Statutes formerly made concerning money, shall be duly put in execution.
XXVIII. Stat. 3 H. 5. Stat. 1. It shall be Felony to utter Scotch money in payments: But this Statute is now obsolete and out of use.
XXIX. Stat. 3. H. 5.6. It shall be Treason to clip, wash, or file money. Howbeit this Statute is repealed by 1 E. 6.12. and 1. M. Sess 1. but the same again made Treason by 5 El. 11. which see in Treason.
☞ XXX. Stat. 3. H. 5.7. Justices of Assize and of Peace have power to hear and determine all offences concerning false money.
XXXI. Stat. 9 H. 5.11. No English Gold shall be received in payment, but by the Kings weight.
XXXII. Stat. 1 H. 6.1. The Kings Council may assign money to be Coined, and Exchanges to be holden in as many places as they please.
XXXIII. Stat. 2 H. 6.6. No Gold or Silver shall be exported, in pain to forfeit the value thereof, save only for the ransome of prisoners, the reasonable costs of Souldiers passing beyond sea, and money to be expended for certain Scotch commodities, so as they be done by the Kings licence.
XXXIV. Merchants-Aliens shall find sureties in the Chancery, every Company, for them of their Company, that none of them shall export any Gold or Silver, in pain to forfeit the same, or the value thereof, whereof the discoverer (unto the Treasurer or Kings Council) shall have a fourth part.
XXXV. Stat. 2 H. 6.9. The money called Blanks are wholly prohibited.
XXXVI. Stat. 2 H. 6.12. The Mint-master shall keep his Alloy in the making of white money, according to his Indenture, and shall receive silver brought to the Mint at the true value it is worth according to the same Alloy, in pain to pay to the party his double damages.
XXXVII. The Kings Assayer (who ought to be a person indifferent betwixt the Mint-master and the Merchant) and the controler of the Mint shall be present, when any bullion is brought to the Mint, to the end the Assayer may set the true value thereof, in case any variance happen betwixt the Master and Merchant.
XXXVIII. The Controllers office is every two dayes f [...]ithfully [Page 386]to try all silver brought in or carried out of the Mint, and that without fee, (save what he receives of the King) in pain of double damages: And he ought to be a credible man, and expert in the Mystery of Goldsmiths, and of the Mint.
XXXIX. The Mint-master and Exchanger shall convert into coin all Gold and Silver brought to the Mint or to the Exchange, according to the form of the said Indenture, upon the pain therein contained.
XL. Stat. 19 H. 7.5. All coins of Gold and Silver current in this Realm shall so continue for the value they were so coined for, albeit some of them be cracked, so as they be not clipt, or otherwise diminished, reasonable wearing excepted.
☞ XLI. If any refuse any lawful coin in payment, he shall be compelled by the Officer of the place to receive it, and also imprisoned or otherwise punished, as such Officer shall think fit: And if any Sheriff or other Officer refuse it, he shall be compelled to take it by a Justice of Peace, and is otherwise punishable at the discretion of such Justice.
XLII. It shall be lawful for the owner of money, clipped or otherwise impaired, to exchange it at the Mint, or to convert it into Plate or Bullion, or otherwise to dispose thereof for his best profit.
XLIII. To avoid clipping of silver coins hereafter, the King appointeth new ones to be made with a circle about the outermost part thereof, and for Gold coins, that they should have the intire Scripture stamped without lacking any part thereof: to the end that by the ring or Scripture, it may be discerned, when they were clipt, or any way diminished; and the Warden and Controller of the Mint are to see them thus ordered before they passe from the Mint, in pain to forfeit their Offices, and to be fined at the Kings will.
XLIV. None shall transport any money, I late or Bullion (above 6 s. 8 d.) into Ireland, nor convey any of them into any Ship or other vessel, in pain to forfeit them, and to be imprisoned and ransomed at the Kings will.
XLV. It shall be lawful for any to seize any Irish coin (above 3 s. 4 d.) brought into this Realm, and to deliver it in at the Mint, for which the Master shall presently pay him half the value thereof to his own use.
XLVI. Stat. 14, 15 H. 8.12. The Coiners of every hundred pounds worth of gold brought to the Mint to be coined, shall make 20 l. thereof in half Angels (then called pieces of 4 d.) and of every hundred pounds worth of silver, 50 l. in groats, 20 l. in two pences, [Page 387]20 l. in pence, 10 Marks in half-pence, and 5 Marks in farthings: in pain that the Mint-master shall forfeit 10 l. to be divided betwixt the King and the prosecutor.
XLVII. The half-pence and farthings shall have several stamps, to the end they may be the better distinguished by the common people.
XLVIII. When the value of the Plate or Bullion is under 100 l. the owner thereof shall receive a tenth part in half-pence and farthings.
XLIX. This Act shall not be prejudicial to the Coiners and Mint-masters in York, Duresm, or Canterbury.
L. Stat. 14 El. 3. If any shall falsly forge or Counterfeit any coin of gold or silver, nor current in this Realm, he and his procurers, aidors and abettors (after conviction) shall be imprisoned, and forfeit their lands and goods, as in case of misprision of treason.

Monopolies.

I. Stat. 21 Jac. 3. All Monopolies and all Commissions of or for the sole buying, selling, making, working, or using of any thing within the Kings Dominions, or of any other Monopolies, or of Power, liberty, or faculty, to dispence with any others, or to give licence or toleration to do, use or exercise any thing against the tenor of any Law or Statute, or to give or make any Warrant for such dispensation, licence, or toleration, or to agree or compound for any penalty, or forfeiture limited by any Statute, or for any grant or promise of any benefit or profit of any such penalty, forfeiture, or sum of money, before Judgment thereupon had, and all Proclamations, Inhibitions, Restraints, Warrants of assistances, and other matters and things whatsoever, any way tending to the erecting, strengthening, or countenancing thereof, are contrary to the Laws of the Realm, and shall be void and of none effect.
II. All the matters and things aforesaid shall be examined, heard tried and determined by the Common Laws of the Realm, and not otherwise: And all persons are prohibited to use, exercise, or put them in ure.
III. The party grieved by pretext of any of the matters or things aforesaid, shall recover (in one of the Courts at Westminster) treble damages and double costs; in which suit, no essoin, or other delay shall be allowed, nor any more then one Imparlance: And if any person, after notice given, that such action depending is grounded upon this Statute, shall cause to be stayed or delayed before Judgment by any Order, Warrant, Power or Authority (save only [Page 388]of the Court where it is so depending) or shall, after Judgment had, cause or procure the execution thereof to be staid or delayed by colour or means of any such Order, Warrant, Power, or Authority, save only by writ of Error or Attaint, he or they so offending shall incur a Praemunire.
IV. Letters Patents of new Manufactures heretofore granted for 21 years, or under, to the Inventors thereof, where they are not contrary to Law, or any way prejudicial to the Common-Wealth are saved: so also are such as have been heretofore granted for more then 21 years, good for 21 years from the date of their Patent, notwithstanding this Statute.
V. Neither shall this Act extend to grants of new Manufactures hereafter to be made to the Inventors thereof for 14 years or under, being not contrary to Law, or prejudicial to the Common-wealth; nor to grants heretofore confirmed by Act of Parliament, so long as such acts continue in force: Nor to any warrant of Privy Seal granted, or to be granted to the Justices of the Kings Bench or Common-Pleas, the Barons of the Exchequer, Justices of Assize, of Oyer and Termine, Goal- [...]elivery or Peace, or other Justices, to compound for the forfeitures of any penal Statute, depending in suit before them, after plea pleaded by the party defendant.
VI. This Act shall not be prejudicial to London, or any other Corporation for any grant made them concerning their Customs; Nor to any Corporation, Company, or Fellowship of any Art, Trade or Mystery; nor to any Company or Society of Merchants.
VII. Neither shall it extend to any grant of Priviledg for Printing, digging, or making, or compounding of Salt-Peter, or Gunpowder, or casting or making of Ordnance or shot for Ordnance; nor to any grant of any office now in being, other then such as are decreed by the Kings Proclamation; Nor to the liberties of New-Castle concerning Sea-coals; Nor to licensing of Taverns, so the King receive the benefit; Nor to the Patent granted to Sir Robert Mansfield for making of Glass; nor to that granted to James Maxwel Esquire for transportation of Calves skins; Nor to that of Abrah [...]m Baker for making of Smalt; nor to that of Edward Lord Dudl [...]y for melting of Iron Ewer, and making the same into Castworks.

Mortdancester.

I. Marlbridge 16.52. H. 3. If the Lord will not render unto the heir his Land (when he comes to Age) without plea, the heir [Page 389]shall recover his Land by Assize of Mortdancester, together with all his damages.
II. If the heir, at his Ancestors death be at full age, and then seised of the Inheritance, the Lord shall not out him, nor meddle with any thing there, but shall only take simple seisin thereof, that he may be known to be Lord: And if the Lord shall then put him out, whereby he is driven to his writ of Mortdancester or Cosinage, he shall recover his damages, as in a writ of Novel disseisin.
III. The King shall have primer seisin of lands holden in chief, as in times past; neither shall the heir or any other intrude into the Inheritance, before he have received out of the Kings hands, as formerly hath been used.
IV. This Statute is to be understood of lands accustomed to be in the Kings hands, by reason of Knight-service, Serjeancy, or right of Patronage.
V. The Statute of Glocester. 6. 6 E. 1. If one die having many H i [...]s, of whom one is Son or Daughter, Brother or Sister, Nephew or Neece, and the other be a farther degree off, the heir shall recover by a writ of Mortdancester.

☞ Mortmain.

I. Magna Charta, 36. 9 H. 3. If any shall give lands to a religious House, the grant shall be void, and the land forfeit to the Lord of the fee.
II. The Statute of Glocester, alias de Religiosis, 7 E. 1. If lands be any way alienated in Mortmain, to a Religious person or other, the King or other Lord immediate may enter within a year after such alienation, and if such Lord neglect it, the next Lord to him may enter within half a year after; and if all the mean Lords (being of full age within the four Seas, and out of prison) neglect to do it, after the year the King may enter.
III. West. 2. 31 E. 1. Ecclesiastical persons being debarred by the former Statutes to obtain lands in Mortmain by alienation, endeavoured fraudulently to obtain them by default in a suit: And therefore in such case it was ordained by this Statute, that it should be inquired by the Countrey, whether or no the demandant had a just title thereto, and if so, then he should recover seisin; but if otherwise, the Lord of the fee should enter, as aforesaid. And by this Statute, each mean Lord hath a full half year given him after the Lord next before him, until it come to the [Page 390]King: And here also the Lords, as also the King, are allowed their challenges.
IV. After the judgement given, the lands shall remain clear in the Kings hand, until it be deraigned by the demandant, or some other chief Lord, and the Sheriff shall be charged to answer for it in the Exchequer.
V. Ordinatio de perquirendis libertatibus, 27 E. 1. To obtain licence to make a Park, or to amortize lands, the writ Ad quod damnum shall issue out of the Chancery to inquire concerning the same.
VI. Here inquisitions of Lands, that shall be found (by extent) to be worth yearly more then 20 s. shall be returned into the Exchequer, and there the parties shall make fine for the Amortizements, and for the Park, if the Inquisition passe for them: And afterwards the Chancellor (or his Deputy) shall have order to do his duty therein.
VII. When the yearly value of the lands exceed not 20 s. the inquisition shall be returned to the Chancellor, and he (or his Deputy) shall rate and take the fine, according to the quantity of the land.
VIII. The like shall be done by such as purchase lands holden of the King in chief.
IX. If persons dwelling beyond Sea, and having lands or rents in England, are desirous to purchase Letters of protection, or would make general Attorneys, they shall be first sent to the Exchequer to make their fines, and from thence to the Chancellor (or his Deputy) for that which he ought to do therein.
X. In like manner shall they do that will purchase any Fair, Market, Warren, or any other liberty: also such as will purchase instalment of their debts, shall be sent into the Exchequer.
XI. Also such as are unable to travel, or dwell in remote parts from the Chancery, which plead or be impleaded, shall have a writ out of the Chancery to some sufficient man, that shall receive their Attorneys, when need is.
XII. For the better remembrance of these things, there shall be a tripartite Indenture made; whereof one shall remain in the Chancery, another in the Exchequer, and the third in the Gardrobe.
XIII. The Statute of Amortizing Lands, 34 E. 1. Lands shall not be aliened in Mortmain, where there be mean Lords, without their consent declared under their seals: Neither shall any thing passe where the donor reserveth nothing to himself, or [Page 391]when the Inquisition is made and returned without war, viz. without the Writ original returned with the Inquisition; and unlesse the original make mention of every thing according to the new Ordinance devised by the King.
XIV. The Statute of Writs for making Inquisition of Lands to be put to Mortmain, Incerti temperis. Writs ad quod damnum for amortizing lands, shall not be granted, but upon Petition in full Parliament.
XV. Stat. de Clero, 3. 18 E. 3. If Prelates, Clerks beneficed, or other people of Religion being impeached for purchasing lands in Mortmain, shew the Kings Charter of Licence, and process thereupon made by an Inquest of ad quo [...] damnum, or of the Kings Grace, or by Fine, they shall be in peace: And albeit they cannot sufficiently shew that they have entred by due process after licence to them granted in general or in special, yet they shall be well received to make a convenient fine for the same.
XVI. Stat. 15 R. 2.5. It is within the compass of the Statue of 7 E. 1. to convert any Land into a Church-yard, albeit it be done by the consent or connivence of the ter-tenant, and confirmed by the Popes Bull.
XVII. If any be seised of any lands or other possessions to the use of any spiritual person, with purpose to amortize them, and whereof such spiritual person takes the profits, they shall before the Feast of S. Michael next, cause them to be amortized by the licence of the King and other Lords, or dispose of them to some other use; otherwise they shall be forfeit according to the form of the said Statute, as lands purchased by people of Religion: Add no such purchase to the use of such spiritual persons shall be hereafter made upon the like pain.
XVIII. The same Law shall be of Lands or other possessions purchased to the use of Guilds and Fraternities: Also lands purchased by Corporations, or to their use, shall be within the compass of the said Statute de Religiosis.
XIX. Stat. 23 H. 10. If any grant of Lands or other Hereditaments shall be made in trust, to the use of any Churches, Chappels, Church-wardens, Guilds, Fraternities, Commonalties, Companies or Brotherhoods, or to have perpetual Obits, or a continual service of a Priest for ever, or for 60 or 80 years, or to such like uses or intents: All such uses, intents and purposes shall be void; they being no Corporations, but erected either of devotion, or else by common consent of the people.
XX. Such uses and intents may be made and declared to continue [Page 392]20 years from the time of such limiting of them, but no longer.
XXI. Collateral assurances, made for the defending of this Statute, shall be void, and this shall be interpreted most beneficially for the destruction of such uses, as aforesaid.
XXII. This Act shall not prejudice Corporations, where there is a custome to devise lands in Mortmain.
XXIII. This Act shall not prejudice the Executors of Jannis and Terry, late Aldermen of Norwich.

☞ Mortuaties.

I. Stat. 21 H. 8.6. No spiritual person, his Bayliff, or Lessee shall take or demand more for a Mortuary, then as is hereafter expressed, nor shall convent any person before any Ecclesiastical Judge for the recovery of more for the same, then as is hereafter declared, in pain to forfeit so much as he takes or demands more, and likewise 40 s. to the party grieved, to be recovered by action of debt, wherein no essoin, &c. shall be allowed.
II. None shall take or demand for a Mortuary any thing at all, where (by the Custom) they have not been usually paid, nor upon the death of a Woman Covert, a Child, a person not keeping house, a wayfaring man, one not residing in the place, where he happens to die, nor where the goods of the dead person (debts deduct d) amount not to the value of 10 marks: Nor above the sum of 3 s. 4 d. when they exceed not 30 l. nor above 6 s. 8 d. when they exceed 30 l. but not 40 l. nor above 10 s. when they amount to 40 l. or above. And if the person die in a place where he or she dwelleth not, their Mortuary shall be paid in the place where they had their most abode.
III. This Act shall not abridge spiritual persons to receive L [...] gacies bequeathed unto them, or to the Kings Altar.
IV. No Mortuaries shall be paid in Wales, Calais, or B [...]wick, or in any of their Marches, save only in Wales, and the Marches thereof, where they have been accustomed to be paid, and such as are there paid, shall be regulated according to the Order prescribed by this Act.
V. The Bishops of Bangor, L [...]ndaff, S. Davids, and S. Asaph, and the Arch-Deacon of Chester shall take Mortuaries of the Priests within their jurisdiction, as hath been accustomed, notwithstanding this Act.
VI. Less Mortuaries already setled by Custom, shall not be increased [Page 393]by this Act, and there also persons exempted by this Act shall not hereafter be chargeable.

☞ Murder and Manslaughter.

I. Marlb. 25. 52 H. 3. Murder shall not be adjudged where it is found misfortune only, but where the party is slain by felony, and not otherwise.
II. Stat. 3. H. 7.1. Pars inde. Every Coroner, upon view of the dead body shall inquire of the person that hath done the death or murder, also of their abettors and consenters, and who were present when it was done, and the names of the persons so present and found, shall inroll and certifie.
III. Here, the offender and his accessaries being indicted, shall be also arraigned at any time within the year at the Kings suit, and the proceeding thereof, shall not tarry for any appeal to be prosecuted within the year, as hath been heretofore used.
IV. Albeit the principal or accessary be acquit within the year and day, yet shall not the Justices suffer them to go at large, but either remand them to prison, or let them be bailed, until the year and day be cut: And whether they be attainted or acquit, yet the wife or next heir of the slain, may within the year and day (the benefit of Clergy being not before had) prosecute their appeal against them, any such attainder or acquital notwithstanding.
V. The wife or heir may commence their appeal in proper person at any time within the year before the Sheriff and Coroners of the County where the offence was done, or before the Justices of the Kings Bench or Goal-delivery. And in any such case (save only where Battel lieth) the Appellant (after the suit so commenced) may appoint an Attorney to prosecute it.
VI. When one is slain in the day time, and the murderer escapes untaken, the Township that suffers it, shall be amerced, and the Coroner shall inquire thereof upon the view of the body dead.
☞ VII. Also Justices of Peace have power to inquire of Escapes; and to certifie them into the Kings Bench; And after the Felonies found, the Coroners shall deliver their inquisitions before the Justices of the next Goal-delivery there, who shall proceed against the murderers, or else certifie such Inquisitions into the Kings Bench.
VIII. A Coroner shall not be remiss, but duly execute his office according to Law, in pain of 5 l. and shall have for his fee (upon view of the body) 13 s. 4 d. of the goods of the murtherer, [Page 394]if he have any; if not, then out of such amerciaments as shall be set upon the Town-ship, that suffered the murtherer to escape,

Musters, vid. Captains and Souldiers.

I. Stat. 4. 5 P. M. 3. If any who shall be commanded to muster by any authorized thereunto, doth absent himself (having no lawful excuse) or at such musters doth not bring with him his best Arms, he shall suffer ten dayes imprisonment without bail, to be imposed by the persons so authorized, unless he will agree to pay 40 l. for a fine to the use of the King and Queen, and the heirs and successors of the Queen, which fine shall be estreated into the Exchequer by the said persons so authorized under their seals within 2 months after such agreement, and afterward levied as fines assessed by Justices of Assize and Goal-delivery in their Circuits.
II. If any person authorized to muster, or levy Souldiers, shall exact or take any reward to discharge or spare any from the said service, he shall forfeit ten times so much, as he shall so exact or take.
III. A Captain or other Officer, which after he shall have (for a reward) licenced a Souldier to depart, doth not pay him his wages, and coat and conduct money, shall forfeit ten times so much as he shall so take, and to the Souldier three times so much as he should have paid him.
IV. The one moity of the abovesaid forfeitures (except that limited to the Souldier) is given to the King and Queen, and the other to the prosecutor.
☞ V. Justices of Assize, Justices of Peace, and Stewards in Leets have power to hear and determine these offences; and the Justices of Assize or Peace upon conviction of the offender may commit him to prison without bail, until he hath satisfied the abovesaid penalties to the King, Queen, and prosecutor, or where there is no prosecutor to the King and Queen alone.
VI. Offences committed during the time of service, shall be heard and determined by the Chief Commander.
VII. This Act shall not discharge service of war incident to the tenure of land.
VIII. The offender of this Act shall not be twice punished for the same offence.
IX. None shall under colour of service of war incident to the [...] of land exact any other thing, then what shall be imployed [Page 395]in present service, and shall be restored again to the owner, when the service is done, at least so much thereof, as shall not be spent or lost in the Service.
X. Inhabitants within Cities, Burroughs, and Corporations shall be mustered at home, by the head-Officer, and one other (at least) to be joyned with him by Commission, or otherwise.

Newcastle upon Tine.

I. Stat. 9.5. H. 10. ALL Keels in the Port of Newcastle shall be measured by Commissioners thereto assigned by the King, and marked of what Portage they are, before any carriage of Coals be made by them, in pain to forfeit them to the King.
II. Stat. 21. H. 8.18. No person shall ship, load, or unload any goods, to be sold into, or from any Ship at any place: between the River of Tin [...], between the places called Sparhawk and Headwinstreams, but only at the Town of Newcastle, in pain to forfeit such goods which the Major, Burgesses and Commonalty there, shall have power to seize for the Kings use.
III. None shall raise or levy any Ware, gore, or engine in the Haven there betwixt the places aforesaid, in pain of 100 l. to be divided betwixt the King and the prosecutor. And the Major, &c. have power to take away all such Weers, &c. which shall be found betwixt the said places.
IV. This Act shall not extend to the buying, shipping, loading or unloading of salt or fish, nor to the buying or selling of any Wares or Merchandize, needful for the victualling or amending of Ships.

☞ News.

* I. West. 1.33. 3 E. 1. None shall report any false or slanderous news or tales, whereupon discord may arise betwixt the King and his People, or the great men of the Realm, in pain of Imprisonment, until he produce the Author.
II. Stat. 2. R. 2. Stat. 1.5. None shall devise, speak or tell any false news, lies, or other such false thing of Prelates, Lords, or the great Officers of the Realm, whereby any discord or slander may arise, in pain to be punished, as by the Statute of westm. 1. ordained.
[Page 396]III. Stat. 12. R. 2.11. When any one hath spoken falsities, contrary to the aforesaid Statutes, and cannot produce the Author, and is thereupon imprisoned, he shall afterwards be punished by the Kings Council, notwithstanding the said Stat. of West. 1.

Nisi prius.

I. West. 2.30. 13 E. 1. Justices sworn shall be assigned to take assizes of Novel disseisin, Mortdancester, and Attaiuts, and they shall associate unto them one or two of the discreetest Knights of the County where they come, which Assizes and Attaints shall be taken but thrice in the year, viz. 1. between 8. of July and the first of August, 2. the 13. of September and the 6. of October, the 3. of January, and the 2. of February.
II. At such Assizes, before they depart, they shall appoint the day of their return, and may also adjourn the Assizes from day to day, if the taking of them happen to be deferred at any day by vouching to warranty essoin, or default of jurors: They may also adjourn Assizes of Mortdancaster (being respited by essoin or voucher) into the Bench, and in such case shall send thither the Record thereof, together also with the Original writ: And when the matter is come to the taking of the Assize, the Justices of the Bench shall remit it to the Justices before whom the Assizes shall be taken: But the Justices of the Bench in such Assizes shall give 4. dayes (at least) in the year, before the Justices assigned, to spare expence and labour.
III. All pleas in either of the Benches, that require small examination shall be determined before them: Howbeit it must be at a day and place certain appointed in the presence of the parties, and mentioned in the Judicial writ by these words, Praecipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in Octabis Sancti Michaelis (nisi Talis & Talis, tali die & loco ad partes illas prius venerint) duodeeim, &c. And when the Inquests of such pleas are taken, they shall be returned into the Bench where they were commenced to receive Judgement, and to be inrolled: And Judgement otherwise taken shall be void, except in an Assize of Darrein presentment, and Inquisitions of Quare impedit, which shall be determined in their proper County, before one of the Justices of the Bench and a Knight, at a day certain in the Bench assigned whether the Defendant consent or not, and there shall judgement also passe immediately.
IV. The Justices of the Benches shall have in their Circuits, Clerks to inroll all pleas pleaded before them, as hath been used [Page 397]in times past: and the Justices assigntd shall not compell the Jurors to say precisely, whether it be disseisin or not, so as they will shew the matter of fact, and then require aid of the Justices; But if they will of their own head say, that it is disseisin, their verdict shall be admitted at their own peril: And the Justices shall not put upon Assizes or Juries any other, then such as were summoned for the same at the first.
V. Stat. Definibus levatis, 27 E. 1.4. Inquests and Recognisances determinable before the Justices of either Bench shall be taken in time of vacation before any of the Justices, before whom the plea is brought, being associate to one Knight of the same County, where such Inquest shall pass, unless they require great examination: And such Justices shall proceed therein notwithstanding the Statute of 21 E. 1. De ponendis in Assisa, which see in Jurors.
VI. Stat. Eborac. 12 E. 2.3. Inquests in pleas of land (that require no great examination) shall be taken in the County before a Justice of the Peace, where the plea is, accompanied with a substantial man in the Country, whether Knight or other, so as a certain day be given in the Bench, and a certain day and place in the Countrey, in the presence of the parties, and the demandant request the same: but Inquests of Pleas, that require great examination, shall be taken in the Countrey (in manner aforesaid) before two Justices of the Bench.
VII. Stat. Ebor. 12 E. 2.4. Justices of Nisi prius have power to record non-suits and defaults in the Countrey, at the dayes and places assigned, and shall report them in the Bench at a day certain, there to be inrolled, and thereupon Judgment shall be given.
VIII. Stat. 2 E. 3.16. Inquests in pleas of Land shall be as well taken at the request of the tenant, as of the demandants, notwithstanding the Statute of 12 E. 2.3.
IX. Stat. 4 E. 3.11. Justices of the Benches of Assiise, and of Nisi Prius. shall have power to hear and determine maintenance, conspiracy, confederacy, and champerty, as well as Justices in Eyre: And that which cannot be determined before the Justices of either Bench, upon the Nisi Prius, shall be adjourned unto the Bench where they are Justices, and shall be there determined. Note, that this Statute is confirmed by the Statute of 7 R. [...].15. which see in Maintenance.
X. Stat. 14 E. 3. Stat. 1.16. A Nisi prius in the Kings Bench shall be granted before a Justice of that place, if any Justice of that place may well go into those parts, if not, then before a Justice [Page 398]of the Common Pleas; so likewise, those in the Common Pleas shall be grantable before a Justice of the Kings Bench, if he may go thither, vice versa; but if none of them may go, then before the chief Baron, if, &c. or else before the Justices assigned to take Assizes in those parts, so as one of them be a Justice of one of the Benches, or the Kings Serjeant sworn: And here (to avoid fraud) if one party demand a tenor of the record, another tenor thereof shall be also (upon request) delivered to the other party.
XI. Where Assizes of Quare impedits, and Darrein presentments are triable in the Countrey by Nisi prius, before the Justices of either Bench, the chief Baron, or Justices of Assize, they may there give Judgment upon them.
XII. Stat. 7 R. 2.7. In all pleas where Nisi prius is grantable of office, after the great distress returned and three times served before the Justices against the Jurors, and thereupon the parties demanded, if either party will pursue; or if they refuse to have a Nisi prius in the case, then at the suit of any of the Jurors there present, a Writ of Nisi prius shall be granted to end the quarrel, and that as well in the Exchequer as elsewhere.
XIII. Stat. 14 H. 6.1. Justices of Nisi prius have power to give their Judgments in cases of Felony and Treason, as well upon acquital as attainder, and thereupon also to award execution.
XIV. Stat. 18 El. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery, and the chief Justice of the Common Pleas, and chief Baron of the Exchequer, upon issues joyned in their several Courts, or (in their absence) two other Justices or Barons are made Justices of Nisi prius for the County of Middlesex, and may sit in Westminster-Hall, or in the Exchequer, within the term, or four days after for the trial of issues joyned in the said Courts respectively, and triable in Middlesex aforesaid, to prevent interruption of proceeding in the said several Courts during the term, and for the better ease of the Free-holden of Middlesex. Upon which trials Tales shall be granted, and all other proceedings shall pass as upon Writs of Nisi prius triable elsewhere in the Country.

Non-plevin.

I. Stat. 9 E. 3.2. None shall lose their Land by reason of Non plevin.

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Non-suit.

I. Stat. 2 H. 4.7. Where before Justices of Assise the parties are adjourned for some difficulty in law upon the matter found, in this case the Plaintiff shall not be non-suited, albeit the verdict passe against him.

Non-tenure.

I. Stat. 25 E. 3. Stat. 5.16. By the exception of Non-tenure of parcel no Writ shall abate, but only for the quantity of the Non-tenure which is alledged.

Northumberland.

I. Stat. 23 H. 6.7. The Sheriff of Northumberland shall gather no more Head-pence there, in pain of 100 l. to be divided betwixt the King and the prosecutor.

Norwich.

* I. Stat. 33 H. 8.16. None shall buy within Norwich or the County of Norfolk, any Worsted yarn spun in the said City or County but such as shall work it, or cause it to be wrought in Norwich, or elsewhere within the said County, in pain to forfeit for every pound thereof otherwise imployed 40 s. to be divided betwixt the King and the prosecutor.
II. None shall convey beyond Sea any Worsted-yarn (spun in England) in pain to forfeit 40 s. for every pound, to be divided as aforesaid.
III. Stat. 1 E. 6.6. The Statute of 33 H. 8.16. is made perpetual.
IV. Hat-makers dwelling in Norwich may buy Worsted-yarn called Middl -usse yarn, as they have used to do, notwithstanding the Statute of 33 H. 8.16. so as they imploy it in Hat-making within the said City.
V. Stat. 56 E. 6.24. None shall make Mats, Coverlets, or Dornecks, by himself or others, or use any of those mysteries in Norwich or Norfolk, unless he be admitted so to do by the Major, Recorder, Steward, and two Justices of Peace of that City, or by four of them, or have been apprentice to the said Mystery by the space of seven years.
[Page 400]VI. None shall make any Hats, Dornecks, or Coverlets, in Norfolk, but only in some Corporate or Market-Town there, in pain to forfeit for every six Felts 10 s. for every Coverlet 3 s. 4 d. and for every six yards of Dornecks 6 s. 8 d.
VII. This Act shall not extend to the Inhabitants of Pulham in Norfolk.
VIII. The Major, Recorder, Steward, or Justice of Peace, that takes a reward for admitting any to work shall forfeit 5 l. to be divided betwixt the King and the prosecutor.
IX. Stat. 1, 2. P. M. 14. An Act for the making of Russets, Sattens, Sattens reverses, and Fustians of Naples at Norwich, and not elsewhere, by which Act there is a Corporation made for that purpose, and divers Articles concerning the same. See the Act at large.
X. Stat. 39 El. 22. An establishment of the Bishoprick of Norwich, and the possession thereof, against a pretended concealed title made thereunto. See the Statute at large.

☞ Nusance.

I. West. 2.24. 13 E. 1. A Writ of Nusance shall be grantable as well against the Alienee as against the party that levied it, and when it is against the party himself, the Writ shall be Questus est nobis A. quod D. injuste, &c. Levavit domum, murum, mercatum, & alia, quae sunt ad nocumentum, &c. But when against the Alien, the Writ shall be Questus est nobis A. quod B. & C. Levav [...] runt, &c.
II. Stat. 6 R. 2.3. All Writs of Nusance called Vicomtiels, shall be made at the election of the Plaintiff, according to the old form, or in the nature of Assizes, determinable before the Justices of the one Bench or other, or the Justices of assize to be taken in the County of the place assigned.

Oath.

I. SEe Magna Charta, printed by Richard Tottle, Anno Domini 1556. fol. 164. and 166. the Oaths of the King, the Bishops, the Kings Counsellors, Escheators, Sheriffs, Majors, and Bailiffs. See the Oath Ex Officio, Courts and Jurisdictions Ecclesiastical. Numb. IV. And see, Title Quakers, Numb. I.

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Obligations.

I. Stat. 38 E. 3.4. Whereas divers people be bound in another Court out of the Realm, by Instruments or otherwise, it is accorded, that all penal bonds in the third person be void, and holden for none.

Odio & Atia.

I. West. 1.11. 3 E. 1. Forasmuch as many being indicted of Murder, and guilty thereof, by favourable inquests taken by the Sheriff, and by the Kings Writ of Odio & Atia are replevied, until the comming of the Justices in Eyre. It is provided, that from henceforth such Inquests shall be taken by lawful men chosen out by the oath of twelve men (of whom two at the least shall be Knights (who by no affinity with the Prisoners, or otherwise, are to be suspected.

☞ Officers and Office.

I. Stat. 12 R. 2. The Chancellor, Treasurer, Keeper of the Privy Seal, Steward of the Kings house, the Kings Chamberlain, the Clerk of the Rolls, Justices of the Benches, Barons of the Exchequer, and all others called to name, and ordain Justices of Peace, Sheriffs, Escheators, Customers, Controllers, or any other Officer or Minister of the King, shall be firmly sworn, that they shall not name or ordain any Officers or Ministers for any gift or brocage, favour or affection: And none, which pursueth by him or by other privily or openly to be in any such office, shall be put in the same or any other: but that they make all such Officers and Ministers of the best and most lawful and sufficient men in their judgments and knowledg.
II. Stat. 14 R. 2.10. No Customer, Controller, Searcher, Weigher, or Finder shall have any such Office for term of life, but only during the Kings pleasure, notwithstanding any Patent or grant to the contrary.
III. Stat. 17 R. 2.5. No Searcher, Gauger, Aulnager, Finder, or Weigher of Wools or other Merchandize, Collector of Customs and Subsidies, or Controller shall have their several Offices for [...]erm of life or years: But such Offices shall remain in the Kings [...] and under the governance of the Treasurer with the assent of the [Page 402]Council, if need be: and all Charters and Patents otherwise made shall be void.
IV. Stat. 1 H. 4.13. The Statute of 17 R. 2.5. shall be duly put in execution, and all Customers and Controllers shall be resident upon their Offices in their proper persons without making any deputies in their places.
V. Stat. 4 H. 4.20. The Statute of 1 H. 4.13. shall be duly put in execution, and the said Officers shall be sworn so to do, in pain of imprisonment, and to forfeit 100 l.
VI. Stat. 13 H. 4.5. The Statute of 1 H. 4.13. shall be duly put in execution: And all Customers, Controllers, Gaugers of Wines, and searchers shall be resident upon their office, especially at the time of charge and discharge of Ships and Vessels, so that no such Officer, after the time aforesaid, be absent from his said Office, by three weeks at the most, in pain to lose his Office, unless he be commanded upon record to be in the Kings Courts, or otherwise in the Kings service of Record.
VII. Stat. 2 H. 6.10. All Officers made by the Kings Letters Patents within his Courts, which have authority (ab antiquo) to appoint Clerks and Ministers within the same Courts shall be sworn to appoint such there, for whom they will answer at their peril, and such as be sufficient, and will be faithful and diligent in their places.
VIII. Stat. 31 H. 6.5. All Letters Patents of the said Offices or Aulnage made against the effect of the Statutes of the 17 R. 2.5. or 4 H. 4.24. (which see in Drapery) shall be void: And no Letters Patents of any of them shall be hereafter made, but by warrant of bill sealed by the Treasurer, and sent by him into the Chancery as hath been heretofore used; and if any be otherwise made, they shall be void.
IX. This Act shall not extend to be prejudicial to the Queen, the Prince, the Duke of Buckingham, the heirs of Henry, late Earl of Warwick, the Cities of London or Winchester, to any Controller for any Office out of the Kings Ports, to John Panicock, or Giles Seyntlo, Esquires, or to any of the King or Queens houshold servants for any of their Offices, or the fees thereof due and accustomed.
* X. Stat. 5 E. 6.16. None shall bargain or sell any Office or Deputation, or any part thereof, or receive or take any money, fee, reward, or other profit, directly or indirectly, or any promise, agreement, bond, or assurance, to receive any such profit for the same; which office shall concern the administration or execution of Iustice, or the receipt, controlment, or payment of any of the [Page 403]Kings Money or Revenue, or any Accompt, Aulnage, Auditorship, or surveying of any of the Kings Lands, or any of his Customs, or any administration or attendance in any Custom-house, or the keeping of any of the Kings Towns, Castles, or Fortresses, (being places of strength or defence) or any Clerkship in any Court of Record, in pain that the Bargainee thereof shall lose his place, and the Bargainor be adjudged disabled to execute the same; and every such bargain and agreement shall be void.
XI. Provided, that this Act shall not extend to any office or inheritance, or for the keeping of a Park, House, Mannor, Garden, Chase or Forest; nor to the two Chief Iustices, or Iustices of Assize, but that they may grant offices, as they did before the making of this Act: Also all Acts done by an officer (removeable by force of this Statute) shall be good in Law, until he be removed.
XII. Stat. 14 Car. 2. cap. 8. Officers and Offices assessed for raising Money, to be distributed amongst loyal and indigent Officers of the late Kings Army.
XIII. Provided, this Act not to be drawn into president, to tax any sort of persons distinct from the body of the people.

Oyer and Terminer.

I. West. 2.29. 13. E. 1. A Writ of Trespass (ad audiendum & terminandum) shall not be granted, but before the Iustices of either Bench, or Iustices in Eyre, unless it be for some heynous Trespass, which requires speedy remedy.
II. A Writ to hear and determine Appeals (before Justices assigned) shall not be granted but upon a special case, a certain cause and the Kings command: And lest the party should be kept too long in prison, they may have the Writ De Odio & Alia, provided by Magna Charta, cap. 26. and other Statutes.
III. Statutum quod vocatur Ragman de Iusticiaris assignatis, 33 E. 1. By this Act it was ordained, that Justices should go through England, to hear and determine trespasses, and other complaints of things done within 25 years before, and divers matters be in that Statute concerning those things. See the Statute in Vet. Mag. Cart. fol. 28. and Sir Edw. Cook in the fourth part of his Instit. cap. 34.
IV. Stat. 2 E. 3.2. Pars înde. Commissioners of Oyer and Terminer, shall not be granted, but before the Justices of the one Bench or the other, or the Justices Errants, and that for great hurt and horrible Trespasses, and of the Kings special Grace, according to the Statute of Westm. 2.29.

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Oyle.

I. Stat. 3 H. 8.14. The Major of London, together with the Master and Wardens of the Mystery of Tallow-Chandlers there, shall have power to search all Oyls brought to London to be sold, and to oversee that the same be not mixed or altered from their right kinds; and what they shall find deceitfully mixed shall cast away, and punish the Offendor by imprisonment, or otherwise, at their discretions, according to the Laws and Customs of the said City.
II. Head-Officers in other Corporations, shall have the like power within their Jurisdictions.

☞ Ordinaries.

I. West. 2.19. 13 E. 1. Where an intestate dies in debt, and the goods come to the Ordinary to be disposed, in this case the Ordinary shall satisfie the debts so far as the goods extend, in such sort, as the Executors of such persons should have done, in case he had made a Testament.
II. Stat. 18 E. 3.6 3. Temporal Justices shall not make inquiries of process awarded by the Spiritual Judges, saving onely the Article in Eyre, such as ought to be.
III. Stat. 25 E. 3 Stat. 3.9. The Justices shall not impeach Ordinaries, or their Ministers, upon Indictments of general Extortions or Oppressions, unless they put in certain in what thing, of what, and in what manner the Ordinaries or their Ministers have committed extortion or oppression.

☞ Painters.

* I. Stat. 1 Jac. 20. NO Plaisterer shall use to exercise the Art of a Painter in London, or the Suburbs thereof, or lay any manner of Colour or Painting whatsoever (in the Art of Painting heretofore used) unless he be a Servant or Apprentice to a Painter, or have served seven years as an Apprentice in that Art, in pain for every time so offending to forfeit 5 l. to be divided betwixt the King and the Prosecutor.
II. Provided, that Plaisterers may use Whiting, Blacking, Red-Lead, [Page 405]Red-Okar, and Russet, mingled with Size only, and not with Oyl, notwithstanding this Statute.
III. Provided also, that no Painter shall take above 16 d. the day for laying any flat colour whatsoever, mingled or mixed with Oyl or Size, upon any Timber, Stone, or Lead.

Palace.

I. Stat. 28 H. 8.12. The limits of the Kings Palace at Westminster sholl extend from Chariag-Cross to Westminster-Hall, and shall have such priviledges, as the Kings ancient Palaces have.

Panel.

I. Stat. 42 E. 3.11. No Inquests but Assizes and Deliverances of Goals shall be taken by Writs of Nisi prius before the Names of all that are to pass thereupon, are returned into the Court.
II. The Sheriff shall array the Panels in Assizes four days at least before the Sessions of the Justices, in pain of 20 l. so that the parties may have a Copy of the Panels, if they demand them; and the returns thereof by the Bailiffs to the Sheriffs, shall be six dayes before the Sessions, upon the like pain.
III. The most substantial people, worthy of credit, and not suspect, shall be put upon Panels, and such as may have best knowledge of the truth, and dwell nearest.
IV. Stat. 3 H. 8.12. Panels returned by the Sheriff to inquire for the King, may be reformed by the Justices of Goal-Delivery, or Justices of Peace (1 Qu.) before whom such Panel shall be so returned: And the Sheriff shall return the Panels so reformed, in pain of 20 l. to be divided betwixt the King and the Prosecutor; and in this case, the Kings Pardon shall be no bar against such Prosecutor.

☞ Pardon.

I. The Stat. of Glocester 9. 6 E. 1. No Writ shall be granted out of the Chancery for the death of a man, to inquire whether one did kill another by misfortune, or se defendendo, or otherwise by Felony: but the party shall be put in Prison, until the coming of the Justices in Eyre, or Justices assigned to the Goal-delivery, and shall put himself upon the Countrey before them; and in case it be found per insortunium, or se defendendo, upon report thereof [Page 406]to the King by the Justices, the King shall take him to his Grace, if he so please.
II. Stat. 2 E. 3.2. pars inde, Charters of Pardon for Manslaughters, Robberies, Felonies, and other Trespasses, shall not be granted, but where the King may do it, saving his Oath, viz. where one man killeth another in his own defence, or by a misfortune.
III. Stat. 4 E. 3.13. The Statute of 2 E. 3.2. is confirmed.
IV. Stat. 10 E. 3.2. Pardons shall not be granted contrary to the Stat. of 2 E. 3.2.
V. Stat. 10 E. 3.3. He that hath a pardon of Felony, shall within three moneths after such pardon find Sureties (before the Sheriff and Coroners for the good behaviour) which shall within 3 weeks after the 3 moneths, be returned into the Cháncery under the Seals of the said Sheriff and Coroners: And if the party give not Security as aforesaid, as being bound, do bear himself otherwise against the Peace than he ought, the Pardon shall be holden for none.
VI. Stat. 14 E. 3. Stat. 1.15. No Pardon of the death of a man, or other Felony, shall be granted, but onely where the King may do it, saving the Oath of his Crown; and if any Pardon be granted against the Statutes made before this time, it shall be holden for none.
VII. Stat. 27 E. 3. Stat. 1.2. Pardons, which have not in them the suggestion, whereupon they are granted, and also the Suggestors name shall be void; so are those likewise, which are granted upon false suggestions.
VIII. Stat. 13 R. 2.1. In a Pardon, the offence committed shall be specified, otherwise it shall not be allowed.
IX. No Pardon of Treason or Felony shall pass without Warrant of the Privy Seal.
X. If the Offence pardoned, be afterwards found wilful Murder, that Pardon shall not be allowed. Vide. Stat. 16 R. 2.9.
XI. Stat. 5 H. 4.2. If an Approver shall commit Felony, after he is pardoned, he that procured his Pardon shall forfeit 100 l. whose Name shall also, for that purpose, be inserted in the said Pardon.
XII. Stat. 21 Jac. 35. The Kings most gracious and general Pardon, except as therein is excepted. See the Statute at large.
XIII. Stat. 12 Car. 2. cap. 11. The Kings most gracious free and general Pardon, Indempnity and Oblivion. See the Stat. at large.

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☞ Parliament.

I The Mirrour of Iustices, Cap. 1. Sect. 3. Anno Aelfredi Primi Monarchae, Anno Domini. Parliaments shall be held twice a year, and oftner if need require: But note, that this was by the King and Lords onely, and in time of Peace.
II. Stat. 4. E. 3.14. A Parliament shall be holden once a year, and oftner if need be.
III. Stat. 36 E. 3.10. A Parliament shall be holden every year.
IV. Stat. 5. R. 2. Stat. 2.4. Every person and Communalty having Summons of Parliament shall come thither, in pain to be amerced, or otherwise punished: And if the Sheriff doth not summon them, he shall be likewise amercied or otherwise, as hath been used in times past.
V. Stat. 12 R. 2.12. The levying of the expences of Knights coming to Parliament, shall be made as in times past; and if any Lord or other have purchased Lands or other possessions, that were wont to be contributary to such expences, they shall still continue to be so, notwithstanding such purchase.
VI. Stat. 7 H. 4.15. The election of the Knights of the Shires shall be as followeth, viz. At the next County, after the delivery of the Writ, Proclamation shall be made in full County of the day and place of the Parliament, and that all there present, as well Suitors summoned as otherwise, shall attend to the Election of the said Knights, and then in full County a free and indifferent Election shall be made, notwithstanding any request or command to the contrary.
VII. After such Choice, the names of the parties so chosen (be they present or absent) shall be written in an Indenture under the Seals of all them that did choose them; which Indenture so sealed and tacked to the said Writ, shall be the Sheriffs return thereof, touching the Knights of the Shires: And in such Writs this Clause shall be hereafter put, Et electionem tuam in pleno Comitatu tuo factam distincte & aperte sub sigïllo tuo & sigillis corum, qui electioni illi interfuerunt, nos in Cancellaria nostra ad diem & locum brevi contentum certifices indilate.
VIII. Stat. 11 H. 4.1. Justices of Assize shall have power to inquire in their Sessions, of Returns made by the Sheriffs, contrary to the Statute of 7 H. 4.15. And if it be found by Inquest, that any Sheriff hath made any such return, he shall forfeit 100 l. [Page 408]to the King, and the Knights so unduly returned shall lose their wages.
IX. Stat. 1 H 5.1. All former Statutes made for the election of Knights of the Shire are confirmed.
X. They shall be resiant in the County for which they are chosen, the day of the date of the Writ of Summons; so also shall 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 [Page 409]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 facia [...], and if the Defendant make default, or appear, and is afterward convict, he shall recover the said 10 l. to his own use, (over and above the said 20 l.) and besides treble damages for his costs of suit.
XX. The Sheriff shall levy the said Assesments as speedily as may be, after they are so assessed, and shall deliver them to the Knights.
XXI. Justices of both Benches, Justices of Assize, Goal-delivery and Peace, have power to hear and determine these abuses, as well at the suit of the King, as of the party.
XXII. This Assessment shall not be levied, but only in places where it hath been formerly levied, and hereafter in every Writ for the levying of such wages, this Act shall be inserted.
XXIII. Stat. 23 H. 6.15. The Statutes of 1 H. 5.1. and 8 H. 6.7. shall be kept in all points.
XXIV. The Sheriff, after the receipt of the Writ, shall deliver a precept under his Seal to every Mayor and Bailiff, or Bailiffs, or Bailiff (where no Mayor is) of the Cities and Burroughs within his County, reciting the Writ, and commanding them, if it be a City, to choose by Citizens of the same City, Citizens; and if a Burrough, Burgesses, to come to the Parliament; And such head-Officers shall lawfully return such precept to the same Sheriff by Indenture betwixt them of such Elections, and of the names of the Citizens and Burgesses so chosen, and thereupon the Sheriff shall make a good return of every such Writ, and also of every such return made by the said Head-Officers.
XXV. If the Sheriff aforesaid do contrary to this Act, or any other formerly made for the election of Knights, Citizens, and Burgesses, the Sheriff shall incur the pain contained in the said Stat. of 8. H. 6.7. and besides, shall forfeit to the person so chosen, and not duly returned, 100 l. more, to be recovered by action of debt by the said person so chosen against the said Sheriff, his Executors and Administrators, [Page 410]or (in his default) by any other prosecutor, in which Action, no Essoin, &c. shall be allowed: And if such Head-Officers shall make a false return, they shall forfeit 40 l. to the King, and 40 l. more to the person so chosen and not returned, to be recovered by such person, or other prosecutor, in manner aforesaid.
XXVI. The Sheriff that maketh not due election of Knights, betwixt the hours of 8 and 11 in the forenoon, and a good true return in manner aforesaid, shall incur the pain of 100 l. to the King, and as much to any that will sue for the same.
XXVII. The party grieved shall commence his Action within three moneths after the beginning of the Parliament, and (in his default) the prosecutor may then take it.
XXVIII. If any Knight, Citizens, or Burgess returned by the Sheriff be put out, and another put in his place, the person so put in (if he take the place upon him) shall forfeit 100 l. to the King, and as much to the person so put out, who shall have an Action of debt for the same, if he commence his Suit within three months after the beginning of the Parliament.
XXIX. The Knights of the Shires shall be notable knights of the same County for which they are choser, or else notable Esquires, or Gentlemen born in the same Counties, and such as are able to be knights; but none shall be such a knight, which standeth in the degree of a Yeoman, or under.
XXX. Stat. 6 H. 8.16. No Knight, Citizen, Burgess, or Baron of any of the Cinque-ports shall depart from the Parliament without the licence of the Speaker and Commons in Parliament assembled, to be entred upon Record in the Clerk of the Parliaments Book, in pain to lose their wages.
XXXI. Stat. 33 H. 8.21. The Kings Royal assent by his Letters Pattents under the Great Seal, and signed by his hand, and notified in his absence to the Lords and Commons assembled in the Upper House, is, and ever was, of as good strength and force, as if the King were personally present, and had publickly assented thereunto.
XXXII. Stat. 35 H. 8.11. Whereas Knights and Burgesses of Parliament in England and Wales have used to have allowed them, viz. the Knights 4 s. and the Burgesses 2 s. a day, or more during the Parliament, and their reasonable time of comming to, and returning from the Parliament, together with their costs of Writs, and other ordinary fees and charges, by this Statute it is ordained that the Sheriffs of all the 12 Shires in Wales, and the County of Monmouth shall have power to levy the said fees of the Inhabitants of those Shires and Counties, and shall pay them to the [Page 411]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 [Page 412]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 the [...]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 [Page] [Page] [Page 413]to make Partition by Writ, De partitione sacienda, as Coparceners are compellable to do, and this Writ shall be pursued at the common Law.
IV. Provided, that after such Partition made, they shall have aid one of another, and of their heirs to deraign warranty, and to recover for the rate as Coparceners use to have.
V. Stat. 32. H. 8.32. Joynt-tenants, and Tenants in common, that have inheritance, or free-hold in any Mannors, Lands, Tenements, or Hereditaments shall also be compellable to make partition by the said Writ to be pursued upon their case. Howbeit, such partition shall not be prejudicial to any, but the parties to such partition, their Executors and Assigns.

Passage and Arrivage.

I. Stat. 8. H. 6.27. Any of the inhabitants of Tewksbury, in Com. Gloucestr. may have an action of debt (according to the Stat. of Winchester) to recover against the communalty of the Forest of Dean, and Hundred of Bledislow and Westbury (though no Communalty) recompence for robberies and wrongs done them upon Severn: Also the goods of any private person may be taken upon an Execution awarded against the Communalty; Any person may arrest and imprison the offenders, and he whose goods are taken in execution, may have an action of trespass or debt against the offender.
II. Stat. 9 H. 6.5. All persons shall have free passage in Severn with Flotes and Drags, and all other Merchandize goods and chattels, and if any be disturbed he shall have his remedy by action at the common Law.
III. Stat. 19. H. 7.18. Another stricter Statute for the free passage of Severn: See the Statute at large.
IV. Stat. 23 H. 8.12. None shall interrupt the passage upon the banks of Severn: or take, or ask any tax or toll for the same, in pain of 40 s. to be divided betwixt the King and the party grieved.
V. Stat. 26 H. 8.5. Justices of Peace in the Counties of Glocester and Sun merset in Sessions, shall bind Keepers of Ferriers over Severn, by Recognizance with good Sureties, that they shall not transport any passenger or cattel out of England into Wales, or the Forrest of Dean, or from either of those places into England, before Sun-rising, or after Sun-set, unless such as they know and will answer for; And besides, the parties so offending, shall there by incur fine and imprisonment.
[Page 414]VI. Stat. 2. and 3. P.M. 16. At the first Court of Aldermen in London, next after the first of March, out of the Watermen, betwixt Gravesend and Win sor, there shall be 8. chosen for Overseers, which shall have power to keep good order amongst the rest.
VII. Two Water-men shall not carry any, but where one of them hath exercised that profession two years before that time, and hath been allowed by the greater part of the said Overseers under the known Seal; in pain to be committed to one of the Counters by the said Overseers for one moneth, or for less time, as the offence shall deserve.
VIII. No single man, which is no housholder, nor retained as an Apprentice, or as a servant for one year at least, shall exercise that profession, betwixt the places aforesaid, in pain of like punishment.
IX. The Lord Mayor and Aldermen of London, and the Justices of Peace within the Counties adjoyning to the River of Thames, upon complaint of any two of the Overseers, or of any Watermans Master, have power not onely to hear and determine any offences committed against this Act, and to enlarge any Waterman unjustly punished by the said Overseers, but likewise to inflict punishment upon the Overseers themselves, in case they unjustly punish any person by colour of this Act.
X. A Wherry, that is not two foot and a half long, and 4 foot and an half broad in the Mid-ship, and sufficient to carry two persons on one side right, shall be forfeit; in which case the King and Queen shall have the one Moity, and the Informer the other.
XI. The Water-man, that withdraws himself in time of pressing (it being proved by two witnesses before the said Mayor, Aldermen, or Justice, and two of the said Overseers) shall suffer a fortnights imprisonment, and shall be prohibited to row any more upon the Thames for a year and a day after.
XII. The Overseers shall not onely call the Water-men before them, direct them and register their names, but likewise examine their Boats before they be lanched, whether they have due proportion and goodness according to this Act.
XIII. If the Overseers refuse, or neglect their Office, they shall forfeit 5 l. whereof the King and Queen shall have the one Moity, and the informer the other.
XIV. The Court of Aldermen shall assess the fares of Watermen, which being subscribed by two of the Privy Council (at least) shall be set up in Guild-Hall, Westminster-Hall, &c. And the Water-man that takes more then according to the Fare so assessed, [Page 415]shall for every such offence, suffer half a years imprisonment, and forfeit 40 s. to be divided, as before.
XV. Stat. 1. Jac. 16. No Water-man shall retain any servant or Apprentice, unless he himself hath been an Apprentice to a Water-man, by the space of five years before, and not an Apprentice under the age of 18 years, or for less time then seven years, in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor.
XVI. This Act shall not restain Water-mens Sonnes of convenient growth and strength, and formerly trained up in rowing, but that they may be allowed to serve as Apprentices, and to carry passengers from place to place, at the age of 16 years.
XVII. The eight Overseers shall yearly upon the first of March, and the first of September, cause openly to be read in their common Hall, all their Orders, made or to be made, in pain that every of them for every such default, shall forfeit 20 nobles, to be divided betwixt the King and the prosecutor.
XVIII. Stat. 21 Jac. 32. The River of Thames shall be made Navigable for Barges, Boats, and Lighters, from the Village of Bercot, in the County of Oxon, unto the University and City of Oxon, See the Statute at large.

Patents.

I. Prerog. Reg. Cap. 65.17. E. 2. The Kings gift or grant of Land or Manor, cum pertinentiis, conveyeth not Knights Fees, Advowsons, or Dowers, without express words.
II. Stat. 11. R. 2.8. All annuities, and other things given or granted by the King, his Father, or Grandfather with this Clause, Quousque prostatu suo, aliter duxerimus ordinandum, shall be void; if other things have been afterwards accepted by the Grantees thereof.
III. Stat. 1 H. 4.6. To the intent that the King might not hereafter be deceived in his Grants, he is content (by the assent of the Lords Spiritual and Temporal, and at the request of the Commons) to be hereafter concluded by the wife men of his Council in things touching the estate of him and his Realm, saving alwayes his liberty.
IV. In a Petition to the King for Lands, Annuities, Offices, &c. their value shall be therein exprest; otherwise the Letters Patents thereupon had shall be void.
V. Stat. 18. H. 6.1. All Letters Patents, which beat not [Page 416]date the day of the delivery of the Kings Warrant into the Chancery, shall be void.
VI. Stat. 6. H. 8.15. If any make suit to the King for lands, offices, or other things formerly granted to any person during the Kings pleasure, the first Patentee being still in life, the last Grantee shall express in his Petition or Patent, the former Patent, and the determination of his pleasure concerning the same, otherwise the last grant shall be void.
VII. Stat. 34, 35. H. 8.21. The King shall hold and enjoy all Honours, Manors, Lands, and other Hereditaments, which he hath obtained since the fourth of February, in the 27. year of his Reign, or shall hereafter obtain, within seven years next after the making of this Act, by bargain, exchange, or purchase: Notwithstanding, any mis-recitall, non-recitall, or not naming of the said Honours, &c. or of the places where they lie, or of any part thereof, or any other matter or cause whatsoever.
VIII. The right of others is saved, save only for rents services, and rents secks.
IX. All Letters, Patents and Grants, made by the King since the said 4th of February, or which shall be hereafter made by him within 7 years next after the making of this Act, shall be good; Notwithstanding in any mis-naming mis-recitall, non-recitall, not finding of Offices, mis-recital, or non-recital of Leases, uncertainly miscasting, rating, or setting forth of the yearly values or rate of the things granted, or of the yearly Rents thereof, want of Attornment, and Livery of Seisin, or the mis-naming of the places where the things granted do lie, or of the Tenants or Farmers of them, or any of them.
X. Provided, that (notwithstanding this Act) the Kings Grants of Offices, and their fees for keeping of Castles, Houses, Parks, Chases, Forrests or 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 [Page] [Page] [Page 417]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, [Page 418]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.
[Page 419]* II. Stat. 32 H. 8.17. All persons having lands betwixt Algate and White-Chappel Church, or in Chancery-Lane, Grays-Inn-Lane [...] 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 Whit [...]-Cross-Street, Cheswel-stre [...]t, Golding-Lane, Grub-street, Goswel-street, Long-Lane, Saint Johns-street, the streets there, leading from the Bars to Cow-Cross, Water-lane in Fleet-street, the streets behind Saint Clements-Church without Templ [...]-Bar, the way from the West-bars in Tothil-street in Westminster to the West-end of Petit-France, the way without Bishops-gate above Shore-d [...]tch Church, Strand-bridg, and the way leading from thence towards Temple-Bar, and Foskue-lane, leading down to Strand-bridg: And (in this Act) the Justices of Middl sex have also power to set Fines upon the defaulters at their discretion.
VIII. Stat. 13 El. 23. Another Act of like nature for paving and keeping in repair the way without Algate, called the Bars without Algate; another, leading from the Old-Cag [...], there to the Northend of Nightingal-lane, and another between the said Old-Cage and Cross-Mill in the Parish of Saint Mary, the pain for default being 3 s. 4 d. to the Queen for every yard square not so paved or repaired: [Page 420]This Act likewise provides for the scowring and cleansing of certain Ditches thereabouts.
IX. Stat. 18 El. 19. An Act for the paving of Chichester.
X. Stat. 23 El. 12. Another Act for the paving of the Minories, being an additional Act, to 13 El. 23. And the Ditch in Hoglang, shall be scowred and cleansed by the owners of the lands lying on the North-side of the said Lane, in pain to forfeit 6 s. 8 d. for every pole uncleansed: And by this Act, the Justices of Peace in London and Middlesex shall appoint Scavengers.
XI. Stat. 3 Jac. 22. Another Act for the paving and keeping in repair the street in St. Giles in the Fields, and Drury-lane.

☞ Peace.

I. Stat. 2 E. 2. The Statute of Winchester and other Statutes made for the keeping of the Peace, shall be duly observed.
II. The Justices assigned shall have power to punish resisters of the Peace.
III. Stat. 2 R. 2.2. Peace shall be kept, and Justice and Right duly administred to all persons: See also the Statutes of 1 H. 4.1. 2 H. 4. and 1. 7 H. 4.1. to the like effect.

Pensions, Portions, and Corodies.

I. Stat. 34, 35 H. 8.19. Pensions, Pertions, Corodies, Indemnities, Synodies, Proxies, and all other profits due out of Religious lands dissolved, shall be paid to Bishops, Arch-deacons, and other Ecclesiastical persons by the occupiers of the same lands, if such Ecclesiastical person were seised thereof within ten years before their dissolution: And if upon suits in the Ecclesiastical Court for the same the Defendant be convict, the Plaintiff shall recover the value thereof in damages, together with his costs of suit: The like he shall recover at the Common Law, when the cause is thereby determinable.
II. Provided, that if the King hath demised any of the said lands with a Covenant to discharge the tenant of such charges, that then the party claiming the same, shall sue for them in the Court of Augmentations, and not elswhere.

☞ Perjury.

* I. Stat. 5 El. 9. None shall suborn a witness to give restimony [Page 421]in any Court of Record concerning any lands, goods, debts, or damages, in pain of 40 l. and if the offender (being convicted thereof) hath not wherewithall to satisfie the said forfeiture, he shall suffer 6. moneths imprisonment without bail, stand upon the Pillory one whole hour in the same or next Market-town, where the offence was committed, and be for ever after, disabled to give testimony in any Court of Record, until the judgement given against him be reversed by Attaint, or otherwise.
II. He that commits wilful perjury, shall forfeit 20 l. suffer six moneths imprisonment without bad, and be ever after disabled to give evidence, until the judgement given against him be reversed, as aforesaid: and here also if he hath not wherewithall to discharge the fine, (in the Countrey) the Sheriff, or (in a Corporation) the Head Officer shall cause him to be set upon the Pillory in some Marketplace, and to have both his ears nailed.
III. The forfeitures abovesaid shall be divided betwixt the Queen and the party grieved.
IV. Judges of the Courts, where such offences shall happen to be committed; Justices of Assize, Goal-delivery, and of Peace, have power to hear and determine the same offences.
V. This Act shall be proclaimed at every Assize.
VI. This Act shall not extend to any Court Ecclesiastical, but that they may there proceed, as in times past.
VII. This Act shall not restrain the power of the Star-chamber, nor of the Councils of Wales, or in the North, to punish heinous perjuries: But that they may proceed, as formerly, so as for-the said offences they inflict no less punishment, then by this Statute is ordained.

☞ Physicians and Surgeons.

* I. Stat. 3. H. 8.11. None in London, or within seven miles thereof, shall exercise as a Physician or Surgeon, except first examined and admitted thereunto by the Bishop of London, or Dean of Pauls, calling to him or them for the first examination, four Doctors of Phyfick, and for Surgery, other expert persons in that facul [...]y, and afterwards of them that so shall be approved, in pain to forfeit for every moneth they exercise Physick or Surgerie not so examined and admitted, 5 l. to be divided betwixt the King and the prosecutor.
II. In other places, without the said Precinct of seven miles, none shall exercise the said Professions, unless examined and approved by the Bishop of the D [...]ocess, or (in his absence) by his Vicar general, [...]alling to them expert men in those Professions, at their discretion, [Page 422]and giving Letters testimonial under their Seal to him they shall so approve, upon the like pain, to be divided as aforesaid.
III. This Act shall not extend to the Universities.
IV. Stat. 5. H. 8.6. The Surgeons of London shall be exempt for bearing the Office of Constable, or any other Office; watching, bearing of Arms, or to serve upon Inquests in London, so that their incorporation exceed not the number of 12.
V. This Act shall also extend to Barber-Surgeons approved and admitted, according to the Statute of 3 H. 8.11.
VI. Stat. 14. H. 8.5. The Kings Charter for the Incorporating of the Colledge of Physicians in London. (bearing date the 13. of September, in the tenth year of his Reign) is confirmed; the substance whereof is, as followeth
VII. A perpetual Colledge of Physicions, is granted and erected in London, and within seven miles compass of the same, who shall have power to chuse yearly a President for the better government of the same, and shall also have perpetual succession, a common Seal, and ability to purchase Lands, not exceeding 12 l. per annum: They may sue, and be sued; make Ordinances for the good Government of the Colledge, and of all others that practise Physick within the said limits. Ne [...]ther shall any practise Physick within that Circuit, unless approved under the Seal of that Colledge, in pain of 5 l. to be divided betwixt the King and the same Colledge. Likewise, four Physicians of London shall be yearly chosen to supervise the rest; as also their Medicines and Receipts, so that such as offend may be punished by fines, amerciaments, inprisonment, or other due means. Lastly, Physicians shall not be put upon Inquests in London, or elsewhere: Howbeit, these Letters Patents shall not be prejudicial to the City of London, nor the Liberties thereof.
VIII. There shall be eight of the Colledge called Elects, who from amongst themselves shall yearly chuse a Presi [...]ent, and as any of the Elects fail, (by death, or otherwise) others shall be chosen in their places, by the survivers of the same Elects.
IX. None shall practise Physick in the Countrey, without a testimonial of his sufficiency from the President, and three of the Elects of the said Colledge, unless he be a Graduate in one of the Universities.
X. Stat. 32. H. 8.40. Physicians are discharged from keeping Watch or Ward, or bearing the Office of Constable, or any other Office within the City of London, or the Suburbs thereof.
XI. Four Physicians shall be yearly chosen by the Colledge, and shall have an Oath given them by the President, to search Apothecaries Wares, and if they shall find any of them faulty, shall call to [Page 423]them the Wardens of the Mystery of Apothecaries in London, and cause then to be burnt, or otherwise destroyed.
XII. No Apothecary shall resist their search, in pain of 5 l. to be divided betwixt the King and the prosecutor.
XIII. If any of the Physicians so chosen, refuse to take his Oath, or (after being sworn) refuse to make search once in a year, he shall forfeit 40 s.
XIV. Any of the Company of Physicians in Londo [...], may also practice Surgery.
XV. Stat. 32. H. 8.42. The Barbars and Surgeons of London, ars made one Company, and incorporated by the name of the Masters and Governours of the Mystery and Communalty of Barbers and Surgeons of London, and by that name shall sue and be sued, purchase Lands, use a common Seal, and possess the Lands, which now the Communalty of Barbers of London do enjoy; as also all libertiee and priviledges heretofore granted to either of the said Companies by E. 4. H. 7. or this present King: Also such of them as are admitted to the practice of Surgery, shall be exempt from bearing of Arms, Watches and Inquests: This Company shall likewise have the search, oversight, punishment and correction of offences committed against Barbery or Surgery, according to the Statute of 19. H. 7.7. which s [...]e in Corporations: yet, here the right of all others to their Lands is saved.
XVI. The Surgeons may take yearly four condemned persons for Anatomies, without any suit to the King, or other interruption for the same.
XVII. No Barber in London, and within a miles compass thereof shall use Surgery; Neither shall any Surgeon there use Barbery or shaving.
XVIII. Every Surgeon in London shall have a Sign at his door.
XIX. None shall be a Barber in London, but a Free-man of that Company.
XX. At the times heretofore accustomed, there shall be four Masters, or Governours of this Corporation chosen, viz. two Surgeons, and two Barbers, who shall have the search, oversight, punishment, and Correction of all defaults and inconveniencies in either of those Professions within the Circuit aforesaid.
XXI. The Barber or Surgeon offending in any of the Articles, shall for every moneth so offending, forfeit 5 l. to be divided betwixt the King and the prosecutor.
XXII. Howbe [...], the Surgeons and Barbers in Londo, shall pay Seot and Lot, as in former times. And any person may keep a Barber, [Page 424]or Surgeon in his House, as his Servant, notwithstanding this Statute.
XXIII. Stat. 34, 35. H. 8.8. It shall be lawful for any person, having knowledge and experience of the nature of Herbs, Roots, and Waters, to practise and minister to any outward Sore, Uncom, Wound, Apostumation, outward swelling or disease, any Herb or Herbs, Ointment, Bathes, Poultes, and emplasters, according to their knowledge of the said Maladies or the like; as also drinks for the Stone, Strangury, or Agues, without suit, penalty, or loss, the Statute of 3 H. 8.11. or any other Statute notwithstanding.
XXIV. Stat. 1. M. Parl. 1. Sess. 2. Cap. 9. The Statute of 14. H. 8.5. is confirmed.
XXV. When the President or Communalty of the Faculty of Physick in London, or others authorized (by 14 H. 8.5.) to search and punish offenders, shall send or commit any such offender to any Prison (except the Tower) the Warden, Goaler, or Keeper thereof shall receive, and there safely keep such offender without bail, until he shall be thence discharged by the said President, or others anthorized, as aforesaid, in pain to forfeit double the penalty of the offender, to be recovered by action of debt, and divided betwixt the Queen and the said President and Colledge.
XXVI. If the Wardens of the Apothecaries (in this Statute, called the Wardens of the Grocers) or one of them, do not immediately upon call, go with the President, or four of the Elects (appointed to search the Apothecaries wares, according to the Statute of 32 H. 8.40.) the said President, or four Elects, shall do it without them, as also destroy such wares as they shall find faulty: and none shall resist such search, in pain of 10 l. to be recovered in form aforesaid.
XXVII. Justices of Peace, Mayors, Sheriffs, Bailiffs, Constables, and other Officers, shall assist the said President, and all persons authorised by the said Colledge, for the due execution of the said Laws and Statutes, in pain to run in contempt of the Queen, her heirs and Successors.

☞ Plague.

* I. Stat. 1. Jac. 31. The Mayor, Bailiffs, Head-Officers, and Justices of Peace in a Corporation: or any two of them have power to tax the Inhabitants there towards the relief of such as are infected with the plague, and to make warrant under their Hands and Seals, for any person to levy the said Tax, upon the goods of such as shall refuse or neglect to pay the same; And in case [...]o goods can be found [Page 425]to satisfie the Tax (upon the parties refusal thereof) to commit him to prison, there to remain until the Tax be satisfied.
II. If the Corporation be not able to relieve the persons infected, upon Certificate thereof to the Justices of Peace of the County thereunto adjoyning, or any two of them, by the said Officers and Justices of the Town, or any two of them, the said Justices of the County shall have like power to tax, levy, and imprison, as aforesaid, within five miles distance of the said Corporation.
III. In Towns and places Corporate, where there are no Justices, and in the Countrey, two Justices of Peace of the County shall tax, levy, and imprison, as aforesaid, within five miles distance of the Town or place so infected.
IV. These Taxes shall be certified in at the next Quarter-Sessions of the Corporation or County respectively, and shall there be ordered, as by the Justices there, or the more part of them shall be thought fit.
V. The Constable, or other Officer, which wilfully neglects to levy the Tax upon a Warrant, as aforesaid, shall forfeit for every such default, 10 s. to be imployed upon the charitable uses aforesaid.
VI. If any infected person residing in an infected house (after commanded by a Justice or other Officer, presume to come forth, the Watch-men may resist him, and if any hurt happen thereupon, the Watch-men shall not be impeached therefore.
VII. If any person having a sore upon him go abroad, and converse in Company, he shall suffer as a Felon; but if he have no sore, he shall be onely punished as a vagabond, according to the Statute of 39 El. 4. which see in Vagabonds.
VIII. No Attainder of Felony by vertue of this Act, shall extend to corruption of blood, or forfeiture of goods or lands.
IX. It shall be lawful for the Justices of peace, and Head-Officers, to appoint searchers, watch-men, examiners, keepers and buriers, and to minister unto them Oaths for the due performance of their Offices, and to give them other directions, as in their discretion shall be thought fit.
X. Justices of peace, or head-officers, shall not (by force of this Act) meddle in the Universities, Cathedral Churches, or Colledges.

☞ Playes and Games.

* I. Stat. 33 H. 8.9. Parents and Masters shall provide for each of their sons and male-servants, (betwixt the age of 7 and 17) [Page 426]a bow, and two shafts, and cause them to exercise shooting, in pain of 6 s. 8 d.
II. Sons and male-servants (betwixt the ages of 17 and 60 shall be furnished with a Bow and two Arrows, and practise shooting therewith, in pain of 6 s. 8 d.
III. None under the age of 24 years, shall shoot at any standing mark, (except at rovers, changing his mark every shoot) in pain of 4 d. a shoot, and none above that age, shall shoot at any mark of 11 score distance, or under, in pain of 6 s. 8 d. a shoot.
IV. None under the age of 17 years, shall shoot with a Bow of Ewe, except his parents be worth 10 l. per annum in lands, or 40 marks in goods, in pain of 6 s. 8 d.
V. The inhabitants of every Town, shall continne their Buts in good repair, in pain of 20 s. for every 5 moneths default.
VI. For every Bow made of Ewe, the Bowyer not inhabiting London, or the Suburbs thereof, shall make four; and the inhabitant there, two Bows of other wood, in pain to forfeit for every such Bow un-made, 3 s. 4 d.
VII. Fletchers of London, shall sell seasonable Timber to forreign Fletchers without prejudice.
VIII. Artificers of Archery (not freemen, nor paying scot and lot) shall remove their abode from London, and the Suburbs thereof, to what other place they shall be assigned by his Majesties Council, the Lord Chancellor, Treasurer, Privy Seal, or one of them, in pain of 40 s. for every day they make their abode contrary to this Act.
IX. Aliens shall not convey Bows and Arrows out of the Realm without his Majesties license, in pain of imprisonment without bail, untill they shall make fine to the King, to be set by (at least) two Justices in Sessions, and give security for the same; neither shall they use shooting, in pain to forfeit their Bows and Arrows to be taken from them by any of the Kings Subjects.
X. Justices of Assise, Goal-delisery, and Peace, in Sessions, and Stewards in Leets, shall hear and determine the breaches of this Act.
XI. The one Moitie of all these forfeitures is given to the prosecutor, and the other, where there is no Leet, is given to the King; and where there is a Leet, to the Lord of that Leet.
XII. None shall keep or maintain any house or place of unlawful Games, in pain of 40 s. and none shall use or haunt such places, in pain of 6 s. 8 d.
XIII. In every Placard to keep common Gaming, the Games here to be used, shall be inserted; as also the persons, who shall play thereat, and every Placard otherwise granted, shall be void: The [Page 427]Grantee also of such a Placard shall be bound by Recognizance in the Chancery with good sureties, not to use it contrary to the form thereof.
XIV. It shall be lawful for Justices of Peace in every County, and for Head officers in Corporations, as well within the Liberties as without, to enter and resort into all such houses and places where such unlawful Games are suspected to be used, and as well the keepersthereof, as the resorters thereunto, to arrest and imprison, untill they shall severally give good security, at the discretion of the said Justices or Officer, nor to keep such Games any more.
XV. Every Mayor, Sheriff, Bailiff, Constable, and other Headofficer within every City, Burrough or Town shall make due search, as aforesaid, once every moneth, at least, in pain to forfeit 48 s. for every such default.
XVI. No Artificer, or his Journey-man, no Husband-man, Apprentice, Labourer, Servant at Husbandry, Mariner, Fishermen, Water-men, or Serving-man, shall play at Tables, Tenis, Dice, Cards, Bowls, Clash, Coyting, Logating, or any other unlawful Game out of Christmas, or then out of their Masters house, or presence, in pain of 20 s. And none shall play at Bowls in open places out of his Garden or Orchard, in pain of 6 s. 8 d.
XVII. All informations or suits upon this Statute shall be prosecuted within one year, and the forfeitures thereof, which happen within a Leet or Liberty, shall be divided betwixt the King and the Lord thereof, and in all other places, betwixt the King and the prosecutor.
XVIII. Proclamation of this Act shall be made Quarterly in every Market Town, as also at every Goal-delivery, Assize and Session.
XIX. This Act shall not restrain a servant (by his Masters license) to play at Cards, Dice, or Tables, with the Master himself, or other Gentlemen reforting to his masters house: And if the Master hath free-hold of 100 l. per annum, he may also license his servant to play at Bowls or Tenis.
XX. Stat. 2.3. P. M. 9. All Licenses to keep houses or places of unlawful Games shall be void.
XXI. Stat. 16 Car. 2. ca. 5. If any person of what degree or quality soever after the 29th of Sept. 1664. shall by any fraud, shift, cousenage, circumvention, deceit, or unlawful device, or ill practice whatsoever, in playing at or with Cards, Dice, Tables, Tennis, Bowls, Kittles, Shovel-beard; or in or by Cock-fightings, Horseraces, Dog-matches, or Foot-races, or other Pastimes, Game or [Page 428]Games whatsoever, or in or by bearing a share or part in the stakes, wagers, or adventures; or by betting on the sides, or hands of such as do, or shall play, act, ride, or run as aforesaid, win, obtain, o [...] acquire to him or themselves, or to any other or others, any sum or sums of money or other valuable thing or things whatsoever, every person so offending, shall forfeit the treble value of the money or things so won, gained, obtained, or required: One moity to the King, the other moity to the person grieved, or who shall lose the fame: so as such person prosecute within six months next after such play. And in default of such prosecution, then the same other moity, to such other person as shall prosecute within one year next after the said six moneths expired: And every such Plaintiff or Informer shall also recover treble Costs against the person offending as aforesaid. And for avoiding excessive and immoderate playing and gaming, If any person shall after the said 29. Sept. 1664. play at any of the laid games, or any other pastime or game whatsoever, (other then for ready money) or shall bett on the sides or hands of such as do, or shall play thereat, and shall lose any sum of money, or other thing or things so playd for exceeding the sum of 100 l. at any one time or meeting, upon ticket, or credit, or otherwise, and shall not pay down the same, at the time when he or they shall lose the same, the party or parties, who loseth or shall lose the said moneys, or other thing so plaid for, above the said sum of 100 l, shall not be bound or compelled or compellable to pay or make good the same: but all contracts, securities and assurances for the same shall be void. And the person so winning the said moneys, or other things, shall forfeit treble the value of all such sums of money, or other things so won, gained, obtained or acquired, above the said sum of 100, l, the one moity to the King, the other to the party that shall sue for the same within one year next after the offence committed, in any Court of Westminster, and treble Costs.

☞ Players.

I. Stat. 3. Jac. 21. None shall in any Stage-play, Shew, Maygame or Pageant, profanely use the Name of God, Christ Jesus, the Holy Ghost, or Trinity, in pain of 10 l. to be divided betwixt the King and the prosecutor.

[Page 429]

Pleading and Pleaders.

I. Stat. 36 E. 3.15. All pleas which shall be pleaded in any Court whatsoever within the Realm, shall be pleaded, shewed, depended, answered, debated, and judged in the English tongue, but entred and enrolled in Latine: Howbeit, the Laws and customs of this Realm; as also the Terms and Processes shall be holden and kept, as before this time hath been used.

☞ Pleas of the Crown.

I. Wagna Carta, 17. 9 H. 3. No Sheriff, Constable, Escheater, Coroner, or any other of our Bailiffs, shall hold pleas of the Crown.

Plumstead-Marsh.

I. Divers Statutes have been made for the Inning and saving of Plumstead-Marsh, viz. 22 H. 8.3. 14 Eliz. not printed, 23 El. 13. and 27 El. 27. See them at large.

☞ Poor People.

I. Stat. 11 H. 7.12. Every poor person, having cause of action, shall have original Writs, and Suhpaenaesgratis; also the Judge or Judges of the Court where the suit depends, shall assign him Council and Attorney, who are thereby enjoyned to dispatch his business without fees.
* II, Stat. 43 El. 2. The Church-wardens of every Parish, and four, three, or two housholders there (according to the greatness of the Parish) to be nominated yearly in Easter-week, or within one moneth after, under the hands and seals of two Justices of Peace (1. Qu.) shall be called Overseers of the poor for the same Parish.
☞ III. These Overseers or a greater part of them, shall take order (with the consent of two such Justices) for the setting of poor people to work, and for raising (by taxation) a convenient stock to work upon, to relieve impotent persons, to put forth Apprentices, and to perform all other things concerning the premises.
IV. These Officers, or such of them as shall not be let by some just excuse (to be allowed by two such Justices) shall meet monethly [Page 430]in the Church upon Sunday after Evening-prayer, and there consider of some meet direction in the premises; and shall within four dayes after the end of their year, and other Overseers nominated, yield up a true accompt to such two Justices, pay the surplusage thereof to their successors, and use all possible diligence in their Office, in pain to forfeit for every such default, 20 s.
V. Where the Inhabitants of any Parish are not able to relieve themselves, two such Justices may tax other Parishes and places, and the whole Hundred also (if need require) and where the wh [...]le Hundred is not able, Justices of Peace in Sessions may tax the County in part, or wholly, at their discretions.
VI. It shall be lawful for the said Officers upon warrant from two such Justices, to levy such tax or surplusage by distress and sale of goods, and in default of distress, two of the said Justices have power to commit the party to prison, there to remain without bail, until it be discharged, and also to commit persons, which refuse to work, to the House of correction.
VII. The said Officers, or the greater part of them, with the assent of two Justices of Peace, may bind poor children Apprentices, viz. a man-child till 24 years of age, and a woman-child till 21. years, or marriage.
VIII. The said Officers shall (with the consent of the Lord of the Mannor first obtained in writing under his hand and seal) either of themselves, or by vertue of a Sessions-order erect Cottages upon the waste, and lodge In-mates therein, notwithstanding the Statute of 31 El. 7. But those Cottages shall not be afterwards otherwise imployed then to lodge impotent persons therein, upon the pains mentioned in the said Statute of 31. El.
IX. Justices of Peace in Sessions, shall rectisie unjust taxes, whose order therein, shall be binding to all party.
X. The Father, Grandfather, Mother, Grandmother, and children of every poor person, shall be assessed towards their relief, as the Justices of Peace in Sessions of the County where such Father, &c. dwells, shall limit and appoint, in pain to forfeit 20 s. a moneth.
XI. Officers in Corporate Towns, and Aldermen of I onden, have in their several Precincts like authority that Justices of Peace have in the Counties, which said Justices are not to intermeddle in Corporations for the execution of this Law.
XII. When one Parish extends into several Counties or Liberties, the Justices or Head-Officers shall onely intermeddle within their respective limits; but the Churchwardens and Overseers shall have [Page 431]mixt jurisdiction, and shall render accompt, (as aforesaid) to Justices or Head Officers of both places.
XIII. If it happen Overseers not to be appointed according to this Statute, every Justice of Peace or Head-Officer of that division or Corporation, shall forfeit 5 l. to be levied by a Sessions Warrant, and imployed to the use of the poor of the Parishes where such default is made.
XIV. The forfeiture of this Statute, shall be imployed to the use of the poor, and levied by distress and commitment, as aforesaid.
XV. Justices of Peace of every County and Corporation, or the most part of them, at Easter Session, shall yearly (or as often as they shall think fit) rate every Parish at a certain sum, to be paid weekly, but so as no Parish may pay more then six pence, nor less then a half peny, and (one Parish being considered with another) not above two pence, through the whole County or Corporation; which sum so rated, the Churchwardens and Constable of every Parish, or any of them (or in their default a Justice of Peace) have power to assess and levy by distress, sale, and commitment, as aforesaid.
XVI. Justices of Peace shall then likewise rate every Parish towards the relief of the Kings Bench and Marshalsey, and also of Hospitals and Alms-houses, scituate within their several jurisdictions, appointing onely so much to the said Hospitals and Alms-houses, that the Kings Bench and Marshalsey may each of them receive at least 20 s. yearly out of every County: And the sums thus to be assessed upon every Parish, the Churchwardens there shall collect and levy as before, and pay them over quarterly to the High Constable of that respective division, ten dayes before every Quarter-Sessions, and the High Constables shall every Quarter Sessions, pay the same over to the two Treasurers of the County, or one of them, to be yearly chosen by the more part of the Justices of Peace, out of such Subsidy-men as were taxed in the last tax of Subsidies at 5 l. lands, or 10 l. goods; Which Treasurers so chosen, shall yearly at Easter-Sessions, render a true accompt to their successors, and pay the moneys in their hands, to the Lord chief Justice of the Kings Bench, and the Knight-Marshall by equall portions. And here the Churchwarden, or his Executors, &c. which fails in payment to the High-Constable, shall forfeit 10 s. and he High-Constable, or his Executors, &c. which fails in payment to the Treasurers, shall forfeit 20 s. to be levied and imployed by the said Treasurers as aforesaid.
XVII. The Stock of every County shall be ordered and disposed [Page 432]to charitable uses, as the Justices, or the more part of them shall think convenient.
XVIII. The Treasurer that refuseth to execute his Office, to distribute relief, or to accompt, as the most part of the Justices shall direct, shall be fined by the same Justices, or (in their default) by the Judges of Assize, three pounds at least, which fine shall be levied by sale of goods, upon the prosecution of any two Justices authorised by the rest.
XIX. A provision for the Islands of Fowlnesse in Essex.
XX. Upon an Action brought for the due execution of this Act, the Defendant may plead the general issue, and yet give special matter in evidence, and shall also recover treble damages, and his costs of suit.
XXI. Stat. 7. Jac. 3. Money given to put out poor children Apprentices, shall be imployed in Corporate Towns by the Corporations, and in other places by the Parson, or Vicar, together with the Constables, Churchwardens, and Overseers of the poor, or the most part of them, who shall not forbear or refuse to imploy the same accordingly, in pain to forfeit five Marks each of them so making default, to be divided betwixt the poor of the Parish and the prosecutor.
XXII. The party taking money with such an Apprentice, shall give good Security by Obligation, to repay it at the end of seven years next ensuing the date of the said Obligation, or within three moneths next after the end of the said seven years; and if such Apprentice shall die within the seven years, then within one year after his or her death: And if the Master, Mistris, or Dame, happen to die within the seven years, then within one year after their death, so as the money may be employed in placing the Apprentice with some other of the same Trade, to serve out his time, at the discretion of the parties trusted, as aforesaid.
XXIII. The money so given shall be employed within three moneths after the receipt thereof, and if there shall not be apt persons found in the places where it is given, to be Apprentices, it shall be employed in the Parishes next adjoyning by the parties that are trusted with it in the places where it was so given, and there also Bond shall be taken, as before is declared.
XXIV. The choice of Apprentices shall be out of the poorest sort of children, whose Parents are the least able to relieve them, and no such Apprentice shall be above the age of 15 years, when he or she is first bound.
[Page 433]XXV. The parties so trusted, shall yearly in Easter-week, or within one moneth after account before two or more of the next Justices of Peace. And if there be any Obligations, or money remaining in their hands, they shall upon such account (or within ten dayes after) deliver the same unto their successors.
XXVI. If any Officer so trusted, shall break the trust reposed in him, mis-imploy the said money, or do any thing contrary to this Act, for which he cannot be punished by this Act, the Lord Chancellor or Keeper shall, upon the Petition of any person, award a Commission to such, as he shall think fit, to enquire, hear, and determine such offences; and if the Commissioners shall find money so misimployed, they shall, in places not Corporate, have power to rate, raise, and collect it upon the parties so offending; or otherwise, upon the able Inhabitants of the City, Town, or Parish so in default, as the said Commissioners, or the greatest part of them, shall think fit, and shall return the said Commission, together with the manner of executing the same, into the Chancery within three moneths next after such execution thereof.
XXVII. Stat. 1 Jac. 25. All persons, to whom the Overseers of the poor (shall according to the Statute of 43 El. 2.) bind any poor children Apprentices, may take, receive, and keep them, as Apprentices: See also the same continued and confirmed by 21 Jac. 28. and 3 Car. 4.
XXVIII. Stat. 3 Car. 4. The aforesaid Statute of 1 Jac. 25. is again continued and confirmed.
XXIX. The Churchwardens and Overseers of the poor (mentioned in the Statute of 43 El. 2.) may with the consent of two or more Justices of the Peace, one of the Quorum, within their respective limits, wherein there shall be more Justices of Peace then one, and where no more shall be then one, with the assent of that one Justice, set up, use, and occupy any Trade, Mystery, or Occupation, only for the setting on work and better relief of the poor of the Parish or place where they so bear office respectively.
XXX. Stat. For Relief of poor Souldiers: See Title Captains and Souldiers, Numb. LXVII.
XXXI. Stat. 14 Car. 2. cap. 12. Upon complaint made by the Church-wardens, or Overseers of the poor of any parish, to any Justice of the Peace within 40 dayes after any persons, coming to settle in any Tenement under the yearly value of 10 l. Any two Justices of the Peace, whereof one of the Quorum, may by Warrant remove such persons to such Parish where they were last setled, either as a Native, Housholder, Sojourner, Apprentice, or Servant, for [Page 434]the space of 40 dayes, unless they give security to discharge the Parish, to be allowed by the said Justices; Provided, persons grieved, may appeal to the next Quarter-Sessions.
XXXII. Provided all persons may go from place to place to work in Harvest, carrying with them Certificates from the Minister, one Church-warden, and one of the Overseers of the poor of the place where they inhabite; and such working in Harvest, or falling sick, shall not be accounted a settlement; and if such persons refuse to go, and shall not remain in the Parish where they ought to be setled, any two Justices of the Peace where the offence is committed, may send them to the house of Correction as Vagabonds, or to the publick Work-house, there to labour.
XXXIII. There shall be one or more Corporations in London and Westminster, the Counties of Middlesex and Survey, lying within the Parishes in the Weekly Bills of Mortality, consisting of a President, Deputy-President, and Treasurer; And the Lord Mayor, President, and Aldermen to be Assistants of the Corporation, or Work-Houses of London, and 52 Citizens to be chosen by the Common-council of the said City, who may elect a Deputy-President, and Treasurer, and other Officers, for execution of this Act.
XXXIV. A President, and Deputy-President, and Treasurer, and Assistants for the City of Westminster, to be chosen by the Lord-Chancellor, or Lord-Keeper.
XXXV. If Justices of the Peace of Middlesex and Surrey respectively, in their Quarter-Sessions, may chuse Presidents, Deputy-Presidents, Treasurer, and Assistants for their respective Corporations and Work-houses: And the Officers to give accounts in writing at every Quarter-Sessions.
XXXVI. The said respective Presidents, &c. Incorporated, and may sue, plead, or be sued, by the name of President and Governort for the poor, of the said respective places; and every of the said Corporations may purchase or have Lands not exceeding the value of 3000 l. per annum without Licence.
XXXVII. The said respective Corporations, or any 7 of them, have power to meet and keep Courts for the purposes in this Act expressed, at such time and place, as the President, his Deputy, or the Treasurer shall appoint, who are to warn a Court at the desire of any four of the said Corporation, and have power to appoint a common Seal for the use of the said Corporation.
XXXVIII. The respective Presidents and Governors of the said Corporations, or two of them, or any person appointed, may apprehend Rogues, Vagrants, sturdy beggars, or idle and disorderly persons, [Page 435]within their respective limits and places, and cause them to be set and kept to work, and the Justices of the Peace in their Quarter-Sessions, may signify the names of such Rogues, Vagrants, &c. to the Kings Privy Council, as they shall think fit to be transported to English Plantations; upon approbation of which to the said Justices signified, any 2 of the said Justices may cause them to be transported from time to time during the space of three years next ensuing the end of this present Session of Parliament, to any English Plantation beyond Sea, there to be disposed as servants, for a term not exceeding 7 years.
XXXIX. Upon certificate from the respective Corporations of want of stock, to the City of London, The Common-council of the said City, and respective Justices at the Sessions, may ascertain a sum not exceeding a rate of one years proportion to the poor. And thereupon the Aldermen, Deputies and Common-council-men of every Ward in London, and the Burgesses and Justices of the Peace in VVestminster, and Justices of the Peace in Middlesex and Surrey, shall equally rate the Inhabitants, at and upon complaint by any person of being unequally rated, he may be relieved at the next Quarter-Sessions.
XL. Any Alderman of London, or his Deputy, or the Burgesses, and Justices of the Peace of the City of Westminster, and Liberties thereof, or any two Justices of Peace of Middlesex and Surrey, by Warrant under their hands and Seals, may authorize the Churchwardens, or Overseers for the poor, to demand and gather the several sums assessed: And for default of payment within 10 dayes after demand, or notice left in writing at the dwelling house or lodging of the persons assessed to levy the same by Distress and Sale of their goods, restoring the over-plus to the party distreined.
XLI. All stocks formerly raised for the poor, and in the hands of a Corporation for the poor in London, shall be paid to the Treasurers of the said Corporation made by this Act; and all that have any stocks or Lands in their hands for that purpose, shall be accountable to the said Treasurers, or such as shall be appointed by them, or any 7 of them; Provided all just expences be allowed them.
XLII. The respective Presidents and Governors, or 7 of them may make Orders and By-Laws, for releiving, regulating, and setting the poor to work, apprehending and punishing Rogues and Vagabonds within their several limits, Provided the said By-Laws be presented to, and confirmed by the Justices of the Peace at their Quarter-Sessions.
XLIII. The President and Governors, or any 14 of them, may choose and entertain Officers and others needful to be imployed, abou [...] [Page 436]the stock or revenue belonging to the Corporation; And all Sheriffs and Officers to be aiding to them in the execution of the powers by this Act.
XLIV. Two Justices of the Peace may appoint and swear new Constables, Headboroughs, &c. in case of death or removal of such Officers out of the Parish; and if for want of holding Leets, they continue above the year, they may be discharged at the Sessions, and others put in.
XLV. Every Justice of Peace may reward any persons that apprehend and bring before them any Rogue, Vagabond, or sturdy Beggar, by granting an Order or Warrant under his hand and Seal to the Constable of the Parish which such Rogue, &c. passed through unapprehended, for payment of 2 s. for every Rogue so apprehended, and upon default of payment, to proceed against such defaulter according to the Statute, 1 Jac. cap. 7. and to allow out of the said Forfeiture the said 2 s. and allowance for loss of time, as they shall think fit.
XLVI. If any person shall apprehend a Rogue, Vagabond, or sturdy Beggar at the confines of any County, which passed through another County unapprehended, he may go to some Justice of the Peace of the County, through which such Rogue or Vagabond passed unapprehended, who (upon certificate under the hand of some Justice of the Peace of the County where such Rogue was apprehended) shall grant his order or warrant under his hand and seal, to the Constable, to pay unto such persons 2 s. and what he thinks fit for expences and loss of time, and upon refusal, to proceed against such Constable for the forfeitures by the Statute of 39 El. cap. 4.
XLVII. Constables, Headboroughs, and Tythingmen out of purse, with the Church-wardens and Overseers of the poor, and other Inhabitants of the Parish, may make rates upon all occupiers of lands, and Inhabitants, and all others chargable by the Statute 42 El. to the Poor, which being confirmed under the hands and seals of two Justices of the Peace, may be levyed by their warrant, by distress and sale of the refusers goods.
XLVIII. Putative fathers of Bastard children, leaving their children upon the Parish oftentimes, the Churchwardens and Overseers for the poor of the said parish where the child is born may seise and take so much of the goods and chattels, and of the rents and profits of the lands of such reputed fathers or mothers, as shall be ordered by two Justices of the Peace, for and towards discharge of the Parish, for providing for such bastard; and by order of the Sessions may sell the said goods, or so much thereof as the Court shall think [Page 437]fit, and so much of the rents and profits of the lands for the said purposes.
XLIX. The Defendant sued for any thing done upon this Act, may plead the general Issue, and upon Verdict for him, Nonsuit, or Discontinuance, shall recover treble damages.
L. The poor of the Counties of Lancashire, Cheshire, Derby-shire, York-shire, Durham, Cumberland, and Westmerland, and other Counties of England and Wales, shall be maintained, and set on work within their respective Parishes, according to the intent of this Act, and in case of default, the several penalties herein to be incurred: And the Justices of the Peace in the said Counties may execute all powers there, under the like penalties as in the Statute of 43 El. cap. 2. to be levyed as therein mentioned.
LI. Proviso, Impowring the Justices of the Peace in their Quarter-Sessions, to transport convicted Rogues, Vagabonds, and sturdy Beggars, to English plantations beyond the Seas.
LII. Proviso, for saving the Franchises and Liberties of the Dean and Chapter of Westminster, and this Act, as to all matters (except what relates to the Corporations) to continue till the end of the first Session of the Parliament after the 29th of May 1665. and no longer.

Post-Office.

I. Stat. 12 Car. 2. cap. 34. A Post-Office for the carriage of Letters, and providing post-horses, erected in London, the Master whereof to be appointed by the Kings Letters Pattents under the Great Seal, and the rates for carrying Letters ascertained, as well Inland, as beyond Sea.
II. Postmasters not providing sufficient horses for such as have occasion forfeit 5 l. for every offence, one moyety to the King, the other moyety to the party that will sue for the same in any the Kings Courts of Record.
III. No horses to be seised, or used for any service within the said Act, without consent of the owners.
IV. Stat. 15 Car. 2. cap. 14. Stat. 3. The profits of the said Post-Office, and power of granting Wine-Licenses setled on the Duke of York, and the heirs Males of his body.

☞ Prerogativa Regis.

I. West. 1.48. 3. E. 1. Forasmuch as the King hath ordained [Page 438]these things, viz. this Statute of Westm. 1. for the honour of God and the Church, and for the Common-wealth, and for remedy of such as are grieved, he would not, that at any other time it should turn in prejudice of him, or of his Crown, but that such right as appertain to him should be saved in all points.

President of the Council.

I. Stat. 21 H. 8.20. Pars inde. The President of the Kings Council (if he be present) may associate the Lord Chancellor, Treasurer and Privy Seal, at naming of Sheriffs, setting of prizes of Wines, and at all other Acts limited (by any Statute) to be done by the said Chancellor and Treasurer, or Keeper of the Privy Seal.

Primer Seisin.

I. Prerog. Reg. 3. 17. E. 2. The King shall have Primer seisin after the death of his Tenant in chief, of all the lands whereof he dyed seised in Demesne as of Fee, of what age soever the Heir be, taking the issues of the same lands, until inquisition be made, and he have taken homage of such heir.

Printing. See Books, &c. Per tot.

☞ Prison, Prisoners; Goal, Goalers.

I. Stat. 1 E. 3. Stat. 1.7. The Justices of either Bench, Assize, and Goal-delivery, shall hear and determine all plaints made against Sheriffs, and Goalers, who shall compel or procure prisoners to become approvers, viz. to accuse others.
II. Stat. 5 E. 3.8. Endictees and Appellees in the Kings Bench shall be safely kept in Prison by the Marshals there, and not suffered to go at large, according to the charge given them by the Justices; And if any complain thereof, the Justices shall do him right during the Terms.
III. At the end of every Term, the Marshalls shall acquaint the Justices, in what Town they will keep such Prisoners, and shall there allow them houses at their own charge.
IV. The Marshals, who suffer any such prisoner to go at large, shall suffer half a years Imprisonment, and be ransomed at the Kings [Page 439]will, which the Justices shall have power to enquire of, when they see time.
V. The proceedings against Marshals, shall be within the Verge, and if the Marshalls suffer any to escape, they shall be proceeded against according to Law: howbeit, the King intended not by this Statute to lose the escape, where he ought to have it.
VI. Stat. 14 E. 3. Stat. 1.10. Goals which were wont to be in she Sheriffs custody, shall be again rejoyned to their Bailiwicks, and they shall put in such keepers for whom they will answer.
VII. The Goaler which by dures compells a prisoner to become an approver, shall have judgment of life and member.
VIII. Stat. 13 R. 1.15. The Kings Castles and Goals, which were wont to be joyned to the bodies of the Counties, and be now severed, shall be rejoyned to the same.
IX. Stat. 5 H. 4.10. Justices of Peace shall imprison none but in the common Goal; saving to Lords and others (who have Goals) their Franchise in this case.
X. Stat. 19 H. 7.10. The Sheriff of every County shall have the keeping of the common Goal there, except such as hold any by inheritance or succession; also all Letters Patents of the keeping of Goals for life or years, are annulled and void: howbeit, the Kings Bench, nor Marshalsey shall be in the custody of any Sheriff, and the Patents of Edmard Courtney, Earl of Devon. and John Morgan for keeping of prisons, are excepted.
XI. Stat. 6 H. 8.6. The Justices of the Kings Bench have power (by their discretions) to remand, as well the bodies of Felons, as their Indictments, into the Counties where such Felonies were committed: And also to command the Justices of Goal-delivery, of Peace, and all other Justices and Commissioners there, to proceed and determine such Felonies, in like manner, as if their bodies and Indictments had not been removed.
XII. Stat. 23 H. 8.2. The Justices of Peace in Essex, Suffolk, Dorset, Sussex, Surrey, Nottinghans, Glocester, Bedford, Buckingham, Huntington, Wilts, Kent, Warwick, Staff. Oxon, Bark. Ieic. Rutl. Linc. Heref. North. Salop. Norf. Cornwal, and Derby, or the greater part of them, in their respective Counties, have power within one year, to appoint the Towns and places within their respective limits, where common Goals may be edified, and to tax the several Counties for building and furnishing the same: Howbeit, this tax was not to extend to corporate Towns, having Justices and Common Goals of their own.
XIII. Felons shall be committed to the said common Goals, and [Page 440]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 [Page 441]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 [Page 442]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 [...]ue Inventory to be made of the goods, and shall deliver the same in upon oath unto the Ordinary indented, whereof one part shall remain with the Ordinary, and the other with the Executors or Administrators.
VII. The Judge or Ordinary shall not refuse to receive an Inventory indented, so tendered unto him in Court, together with his oath to verifie the same.
VIII. Lands devised to be sold, shall not be accompted any of the Testators goods.
IX. The fee for the Copy, either of the Will or Inventory, is the same with that above allowed for registring of the Will, or else the Register mny take a peny for every ten lines of the length, as aforesaid.
X. The Officer that takes more then his due fee, shall forfeit that excess to the party grieved, and besides, 10 l. to be divided betwixt the King and the same party grieved.
XI. This Act shall not alter the custome where less money hath been for probate of Testaments.
XII. The Ordinary may convent Executors to prove the Testators Will, and to bring in the Inventory, as before, notwithstanding this Act.

☞ Process.

I. Artic. super Cart. 15. 28 E. 1. the summons and attachments of plea of land shall contain 15 dayes, except attachment of Assizes in the Kings presence, and pleas before Justices in Eyre during the Eyre.
II. Stat. 5 E. 3.11. Justices rssigned to hear and determine felonies, shall direct their Writs to all the Counties of England, where need shall be, to take persons indicted or outlawed for felony.
[Page 443]III. Stat. 25. Stat. 5.17. Process shall be made in a Writ of debt and detinue of cattel, and taking of beasts by Writ of Capias, and by process of Exigent by the Sheriff's return, as is used in a Writ of Accompt.
IV. Stat. 6 H. 6.1. Upon Indictment of any person in the Kings Bench for Treason, Felony, or Trespass, a Capias shall be awarded against him as well to the Sheriff of the County where he was so indicted, as of the County whereof he is named in the indictment, returnable (at least) six weeks after, before an Exigend shall be awarded: And if any Exigend shall be awarded, or Outlawry pronounced before such return, they shall be void. This Ordinance shall endure as long as it shall please the King.
V. Stat. 8 H. 6.10. Upon every such Indictment or appeal (before Justices of Peace, or other Commissioners) or any person dwelling in another County, then where the indictment or appeal was taken, before any Exigend be awarded thereupon, after the first Capias returned, another shall issue out against him to the Sheriff of the County, where he is supposed, by the indictment, to be most conversant, returnable three moneths after, before the Justices or Commissioners, before whom he was so indicted or appealed, where the Counties are holden from moneth to moneth, but four moneths after, where they are holden from six weeks to six weeks.
VI. In this second Capias the Sheriff shall be commanded to take him, if he be in his Bailiwick; but if he cannot find him, then to make Proclamation at two several Counties before the rerurn thereof, that he appear at the return; at which time, if he come not, an Exigend shall be awarded: And every Exigend awarded, or Outlawry pronounced otherwise, shall be void.
VII. This Statute of 6 H. 6.1. is confirmed; and an action upon the Case is maintainable. by the party wrongfully indicted or appealed against the procurer thereof, wherein he shall recover treble damages, and the process thereof shall be, as in Trespasse vi & armis.
VIII. This Act shall not extend to indictments or appeals taken, in the County of Chester.
IX. If the Indictee or Appellee happen to be conversant in the County where the indictment is found, at the time of the finding thereof, like process shall be made against the person, as heretofore hath been used.
X. Stat. 10 H. 6.6. The Statute of 8 H. 6.10. is confirmed.
XI. When such Indictments or Appeals, as are mentioned in the Statute of 8 H. 6.10. are removed by Certiorari into the Kings Bench, [Page 444]like Processes and Returns shall be issued and observed in that Court, as the Justices or Commissioners are ordered to issue and observe by the same Statute; And Exigents or Outlawries otherwise awarded or pronounced, shall be void.
XII. Stat. 19 H. 7.9. Like Process shall be hereafter had in Actions upon the Case sued in the Kings Bench, or Common Pleas, as in actions of Trespass or Debt.
XIII. Stat. 23 H. 8.14. Like Process shall be had in every Action hereafter to be brought upon the Statute of 5 R. 2.7. (which see in Forcible Entry.) as in Trespass, and like Process in every Writ of Annuity and Covenant, as in Debt.
XIV. Stat. 8 El. 2. When any person shall sue forth of the Kings Bench any Latitat, Alias and Pluries Capias against any person, who thereupon doth appear and put in bail, if the Plaintiff do not declare within three dayes after, or do after Declaration delay or discontinue his suit, or be non-suit, the Judges of that Court shall thereupon award damages against the Plaintiff.
XV. The like shall be done in the Courts of the Marshalsey, London, and all other Corporations, and Liberties, where the Courts are kept de die in diem; but where they are not so kept, then the Plaintiff must declare at the next Court after appearance, unless he have longer time allowed him by the Court.
XVI. If any shall malitiously (for vexation and trouble) cause, or procure any person to be arrested, or attached, to answer in any of the said Courts, at the suit of any person, whereas there is none such, or with out the consent or agteement of the party, at whose suit such arrest or attachment is procured, the party so causing, or procuring the same, and thereof convict by indictment, presentment, the testimony of two or more witnesses, or other due proof, shall suffer six moneths imprisonment without bail, and shall not be inlarged, untill he hath satisfied the party grieved, his treble damages; and besides, shall forfeit unto him (if he be known) 10 l. to be recovered (as also the said treble damages) by action of debt, bill, or plaint in any Court against the party so offending his Executors or Administrators, in which no Essoin, &c. shall be allowed.
XVII. Stat. 12 Car. 2. ca. 3. Process and Judicial proceedings continued, and pleas and process under certain titles and names of Custodes, & Oliver, &c. may be prosecuted and proceeded upon.
XVIII. Process and Pleadings in English in Courts of Justice from the first return of Easter Term 1651. till the first of August 1660. confirmed, and no longer: And the pleading the General Issue allowed till then, according to the pretended Acts for the same. And [Page 445]all Process, Writs, and Patents, &c. hereafter to issue in the Kings name.
XIX. Stat. 12 Car. 2. ca. 12. What Judicial Proceedings shall not be avoided, by reason of any alteration of the Names, Stiles, or Titles; but shall be good and effectual in Law, notwithstanding such defects, See the Statute at large.

See Arrests, Numb. IV.

Prochein Amy.

I. West. 1.47. 3 E. 1. If a chief Lord being Guardian make Feoffment of the heirs land, the heir shall forthwith recover it by Assise of Novel disseisin against his Guardian and the renant, and the seisin shall be delivered by the Justices to the next friend to the heir (to whom the inheritance cannot descend) to improve it for the use of the heir, and to answer him for the issues at his full age, and the Guardian shall lose the custody of the thing recovered, and all the inheritance that he holdeth by reason of the heir: but if the Guardian be a mean Lord, he shall lose the Wardship of all, and be grievously punished by the King.
II, If the Infant be carried away, or disturbed by the Guardian or his Feoffee, or any other, so that he cannot sue his Assize, his Prochein Amy shall be admitted to do it for him.
III. West. 2.15. 13 E. 1. If an infant be eloined, so that he cannot sue personally, his Prochein Amy shall be admitted to sue for him.

Prohibition and Consultation.

I. Stat. De Circumspecte [...]ngatis, 13 E. 1. For penance corporal or pecuniary enjoyned for deadly sin, as Fornication, Adultery, or the like, also for not fencing the Church-yard or not repairing the Church or sufficiently adorning it, a Prohibition lieth not: Nor for Oblations, Tythes, Mortuaries, Pensions, laying violent hands upon a Clerk, Defamation (when money is not demanded) nor for breaking an Oath.
II. Stat. De Consultatione, 24 E. 1. When the Chancellor or chief Justices (upon sight of the Libel) conceive that the Plaintiff cannot have remedy in any Temporal Court, the Plaintiff shall have Consultation. viz. the said Chancellor or chief Justice shall write to the Ecclesiasticall Judges, before whom the cause depends, [Page 446]that they proceed therein, notwithstanding the Kings prohibition.
III. Artic. Cler. Cap. 1. 9 E. 2. For tythes, oblations, obventions, or Mortuaries, (when they are propounded under those names) the Kings Prohibition shall not hold place, albeit for the long withholding of them they come to a pecuniary estimation: but if an Ecclesiastical person lodge his tythes in his barn, and then sell them for money, if that money be demanded before a Spiritual Judge, for this, a prohibition lieth; for by the sale they are made Temporall.
IV. Cap. 2. If debate arise upon the right of tythes (having his original from the right of the Patronage) and the quantity of the fame tythes do amount to a fourth part of the goods of the Church, for this a prohibition lyeth: Also if a pecuniary penance be demanded in the Court Christian, a prohibition lyeth: but if a Prelate enjoyn corporal penance, and the party afterward Commutes for money, that money is recoverable in the Court Christian, and in that case a prohibition lieth not.
V. Cap. 3. If any lay violent hands upon a Clerk, the amends for the peace broken shall be before the King and for the excommunication before a Prelate; and if corporal penance be enjoyned, and the offender will redeem it with money to be given to the Prelate or the party grieved, it shall be required before the Prelate, and the Kings prohibition lieth not.
VI. Cap. 4. Also in defamations, the Prelates may correct, notwithstanding the Kings prohibition.
VII. Cap. 5. No prohibition shall be granted, where tythe is demanded out of a Mill newly erected.
VIII. Stat. 1 E. 3. Stat. 2.11. A prohibition is granted against those, who in the Spiritual Court do sue their indictors.
IX. Stat. 18 E. 3. Stat. 3.5. No prohibition shall be awarded but where the King hath Conusance.
X. Stat. 45 E. 3.3. A prohibition (and an Attachment thereupon) shall be granted, where a suit is commenced in the Spiritual Court for the Tythes of underwood above 20 years growth in the name of sylva caedua.
XI. Stat. 50 E. 3.4. No prohibition shall be allowed after Consultation duly granted; so as the matter in the Libell be not changed.

[Page 447]

☞ Prophecies.

* I. Stat. 5. El. 15. None shall publish or set forth any phantastical or false Prophecie, with an intent to raise sedition, in pain to forfeit for the first offence, 10 l. and to suffer one whole years imprisonment, and for the second, all his goods, and to incur imprisonment during life, which said forfeitures are to be divided betwixt the Queen and the prosecutor.
II. Justices of Assize, Oyer and Terminer, and Peace, have power to hear and determine this offence, being prosecuted within 6 months, otherwise not.

Protection.

I. Stat. De Protectionibus, 33 E. 1. A Challenge shall be entred against a protection of the Kings Service, and if the Countrey passe against him, that cast the protection, it shall turn to a default, if he be Tenant; and if he be demandant, he shall lose his Writ, and shall also be amerced to the King.
II, Stat. 25 E. 3. Stat. 5.19. Notwithstanding, the Kings protection of his Debtor, other Creditors may proceed to Judgment against him with a Cesset executio, until the Kings debt be paid: And here, if the Creditors will undertake for the Kings debt, they shall have execution against the Debtor, both for their own debts, and likewise for so much as they have paid the King.
III. Stat. 1. R. 2.8. No protection with the Clause of Volumus, shall be allowed for Victuals, taken or brought upon the Voyage, or Service, whereof the protection maketh mention; neither yet in pleas of trespiss or contracts made after the date of the same protection.
IV. Stat. 13. R. 2.16. No protection with the Clause of Quia profecturus, shall be allowed in any plea whereof the Suit was commenced before the date of such protection: except in a Voyage, where the King goeth in person, or other voyages royall, or in the Kings Messages: Howbeit, this Act shall not infringe protections with the Clause of Quia moratur: and if the party protected tarry more then a convenient time in the Countrey, without going to the Service, or return from the Service, the Chancellor having notice thereof, shall repeal his protection.
V. Stat. 7. H. 4.4. In an Action of Debt brought against the Goalor, which letteth a prisoner escape, a protection shall not lie.

[Page 448]

☞ Proviso and Praemunire.

* I. Stat. 25. E. 3. Stat. 5.22. He that purchaseth a provision in Rome for an Abbey or priorie shall be out of the Kings protection, and any man may do with him, as with the Kings Enemy. But this is altered by 5 El. 1. which see in Crown.
II. The Statute of Provisors, 25 E. 3. Stat. 6. made to prevent Collations of Benefices in England, by the Pope to the Provisors, or procurers thereof, as well Aliens as Denizens: And here, the penalty was imprisonment without bail, until he should make fine to the King and satisfaction to the party grieved, if he were taken; but if not, the Exigent should run against him.
III. Stat. 27. E. 3. Stat. 2.2, 3. A Praemunire is granted against such as sue in a forreign Realm, or impeach there any judgment given in any of the Kings Courts, for any matter whereof the Kings Courts may take conusance: The penalty is to be out of the Kings protection, to forfeit all their lands and goods, and to be imprisoned, and ransomed at the Kings wili, if they may be found, but if not, they shall be put in Exigent, and outlawed.
IV. Stat. 3. R. 2, 3. None shall take a Benefice of an Alien, nor convey any money to him for the farm thereof, in pain of a Praemunire.
V. Stat. 7. R. 2.12. No Alien shall purchase a Benefice in this Realm, nor occupy the same without the Kings license, in pain of a praemunire.
VI. Stat. 1.2.2.15. If any go out of the Realm to procure (by way of provision) a Benefice within the Realm, he shall be out of the Kings protection, and the Benefice shall be void.
VII. Stat. 13. R. 2. Stat. 2.3. A Confirmation of the Statute of Provisors, 25. E. 3. and if any accept of a Benefice, contrary to the said Statute, he shall incur a Praemunire, and suffer perpetual banishment.
VIII. Stat. 16. R. 2.5. None shall purchase Bulls, or other Instruments from Rome, or elsewhere, in pain to incur a praemunire. The Crown of England is subject to none.
IX. Stat. 2. H. 4.3. and 4. Religious persons purchasing Bulls from the Pope, to be exempted from obedience, or tithes, shall incur a praemunire.
X. Stat. 7. H. 4.8. No provision shall be made by the Pope, nor license or pardon by the King, touching any Benefice, then full of an Incumbent.
[Page 449]XI. Stat. 3. H. 5.4. All Provisions made by the Pope, and licences or pardons by the King, touching any Benefices, full of an Incumbent, shall be void, and the provisors thereof shall incur a pramunire.

☞ Purprestures.

I. Stat. De Bigamis, 4. E. 1. Purprestures, or usurpatrons upon the King, shall be reseised, and if any complain of such reseisures, h [...] shall be heard, and have right done him.

☞ Purveyors.

* I. Magna Carta, 21. 9. H. 3. No Sherrif or Bailiff of the King or any other, shall take any Horses or Carts of any man to make carriage, except they pay for carriage, with two Horses, after the rate of 10 d. a day, and with three, 14 d. a day.
II. No Demesne Cart of any Spiritual person, Lord or Knight, shall be taken for carriage by the Kings Bailiffs: Neither shall any wood be taken for the Kings use, without the owners license.
III. Stat. De Tallagio nonconcedendo, Tempore, H. 3. vel. E. 1. None of the Kings Ministers shall take any Corn, Hides, or any other goods, without the owners consent.
IV. West. 1.31. 3. E. 1. Purveyors, who take any thing for the Kings use upon credit, shall immediately after they shall have received money of the King, satisfie the Creditor, in pain to have the same (together with damages) levied of their lands and goods, and also to make fine for the trespass: And if they have neither lands not goods, they shall suffer imprisonment at the Kings will.
V. None shall take more Horses or Carts for the Kings use, then need requires: Nor take a reward to excuse any, in pain to be punished by the Marshals, if he be of the Court, and if not (being thereof attainted) to pay treble damages, and to remain in the Kings prison 40 dayes.
VI. Artic. super Cart. 2. 28. E. 1. None but the Kings Purveyors shall take any prices, and they only for the use of his House, paying or agreeing with the party for the same, if the prices taken be meat, drink, or such other mean things.
VII. Purveyors shall before they take any goods, shew their Warrant to the owner, which Warrant shall be under the great or petty Seal: declaring also their authority, and the goods whereof they are to make purveyance, neither shall they take any more then need requires.
[Page 450]VIII. Purveyors shall not take any thing for such as are in wages, nor for any other; but shall make full answer in the Kings House, and in the Wardrobe for all things taken by them, without making their larges elsewhere, or liveries of such things as they have taken for the King.
IX. A Purveyor (upon complaint made to the Steward, or Treasurer of the Kings House) being attainted to have offended in the premisses, shall forthwith agree with the party grieved, be put out of the Kings Service for ever, and remain in prison at the Kings pleasure.
X. If a Purveyor be attainted to have taken any thing without Warrant, he shall be conveyed to the next Goal, and suffer as a Felon, if the value of the goods do so require.
XI. Concerning prices made in Fairs, good Towns, and Ports, for the Kings great Wardrobe, the Purveyors shall have their common Warrant under the Great Seal.
XII. This Act shall not diminish the Kings right to ancient prices due and accustomed; as of Wines and other goods, See this Statute confirmed, by 18. E. 2.2. 4. E. 3.4. and 25. E. 3.1.
XIII. Stat. 4. E. 3 3. No purveyance shall be made, but only for the Houses of the King, Queen, or their Children.
XIV. Purveyance made for those Houses, shall be taken by ordinary striked measure, and prized at the true value by the Constable and other good men of the place, according to their Oath; and without threats or dures; for which express payment shall be made before the Kings departure out of that Verge. See this Statute confirmed, 10 E. 3.1.
XV. Stat. 5. E. 3.2. Purveyances for the Houses of the King, Queen, and their Children, shall be made without menace by the Constables and four disereet men of the place, where they are to be taken, who shall also be thereto sworn: And Talley of the goods so taken, shall be strook betwixt the Purveyors and the owners thereof, in the presence of those Constable and apprizers, under the Seals of the said Purveyors, according to which the owners shall be afterwards paid: And if a Purveyor shall be attainted to have taken any thing otherwise then is limited by this Statute, he shall be imprisoned, and suffer as a Felon, if the value of the goods require it: And in every Warrant of Purveyance, the form and penalty of this Statute shall be inserted: See 10 E. 3.1. and 25 E. 3.1. to the like effect.
XVI. Stat. 14. E. 3. Stat. 3.1. Spiritual persons goods shall not be taken by Purveyors, nor their Houses charged with Horses, [Page 451]Dogs, Hawks, or the like, without their consent and good liking.
XVII. Stat. 13 E. 3.19. Stat. 1. The Kings Purveyors shall take nothing without the owners consent, and shall pay for what they take before the Kings departure out of that Verge: And if they attempt to do any thing against this Statute, by colour of their Commission, no man is bound to obey them.
XVIII. For the purveyance of Towns and Castles in Scotland and England, Merchants shall be appointed by the Treasurers without Commission; but none shall be compelled to sell any thing against their will.
XIX. The Sheriff shall make purveyance for a certain number of the Kings Horses and Dogs out of the issue of his Bailiwick.
XX. The Countrey shall not be charged with any more persons, then are necessary to keep those Horses, v z. for every Horse, a servant; without bringing Women, Pages, or Dogs with them.
XXI. Stat. 18. E. 3.4. In Commissions of purveyance, the fees of the Church shall be excepted.
XXII. Stat. 25. E. 3. Stat. 5.6. No Purveyor shall take any Timber growing about a mans house, in pain of one years imprisonment; and the losse of his Office.
XXIII. Stat. 25. E. 3. Stat. 5.15. No Purveyor shall take more sheep for the Kings House before Sheer-day, then shall be needfull, in pain to suffer as a Felon, and this penalty shall be inserted in every Commission of Purveyance.
XXIV. Stat. 28. E. 3.12. When the value of the purveyance exceeds not 20 s. present payment shall be made for it within one quarter of a year after, upon a certain day, and at a place convenient for the party that is to receive it.
XXV. Stat. 34. E. 3.2. No purveyance shall be hereafter made, save only for the King, Queen, and Prince.
XXVI. Stat. 34. E. 3.3. As concerning parveyances for the Queen, or Prince, present payment shall be made for Poultry, or other small things; but for other great purveyances, within a month or six weeks.
XXVII. Stat. 36. E. 3.2. From henceforth, purveyances shall be made for the King and Queens Houses, and none other.
XXVIII. The odious name of a Purveyor shall be changed and termed Buyer.
XXIX. If the buyer and seller cannot agree, the goods shall be appraized by the Lords, or Bailiffs, Constables, and four men, by Indenture between the buyer and them, containing the quantity of the takings, the price, and of what persons bought, which takings, [Page 452]shall be made without dures or compulsion, in places of plenty, and in a convenient time.
XXX. Purveyors shall be men of sufficiency, and shall make no Deputies: their Commission shall be renewed every half year under the Great Seal; which none is bound to obey, unless they pay ready money, as well for things bought, as also for carriages.
XXXI. Purveyance of Grain or Malt shall be made by striked measure according to the Standard, and no more carriages shall be used for it then shall be needful.
XXXII. If any Purveyor or Buyer offend against the Statute, he shall suffer punishment of life and member: See the Statute confirmed, 23 H. 6.1.
XXXIII. Stat. 36. E. 3.3. No buyer shall spare any from carriages, nor charge any for hatred or ill will, in pain to yield to the party grieved, treble damages, suffer two years imprisonment to be ransomed at the Kings will, and to abjure the Court, and if the party grieved will not sue in this case, any other that will shall have the third peny of what shall be recovered.
XXXIV. Stat. 36. E. 3.4. Commission shall be awarded to enquire of the behaviour and act of such buyers, and if it shall be found by the Countrey, that they have taken more then they have delivered in, or have not paid for what they have taken, they shall have pain of life and member.
XXXV. Stat. 36. E. 3.3. None shall keep more houses of the Kings, then shall be committed to him.
XXXVI. None of the King or Queens Houses shall make any Purveyor, but shall buy provision, as others do, of such as are willing to sell.
XXXVII. Stat. 38. E. 3.6. It is Felony for any Subjects servant to take any thing by way of purveyance, without the owners notice.
XXXVIII. Stat. 1. R. 2.5. Prelates shall have their actions of trespass against Purveyors offending, and shall also recover treble damages.
XXXIX. Stat. 7. R. 2.8. No Subjects Cator shall take any victual or carriage without the owners consent, and present payment, in pain to incur the penalties comprised in the Statutes of Purveyors.
XL. Stat. 2. H. 4.14. When the value of a thing taken exceeds not 40 s. the Purveyor shall make present payment for it, in pain to lose his Office, and also to pay as much to the party grieved.
XLI. Stat. 1. H. 6.2. The Statutes of Purveyors shall be proclaimed quarterly by every Sheriff throughout his Bailiwick, in pain to forfeit 5 l, for every time he makes default.
[Page 453]XLII. Stat. 20 H. 6.8. A Purveyor that takes goods, whose value exceeds not 10 s. and payes not present money for them, may lawfully be resisted; And here the Constable, Headborough, or other Officer, shall (upon request) assist the owner, in pain to yield unto the said owner, the value of the goods taken, and double damages.
XLIII. None of the Kings Officers shall Arrest or trouble any of the Kings Subjects for any such resistance, in pain of 20 l. to be drvided betwixt the King and the prosecutor.
XLIV. Justices of Peace have power to hear and determine the offences committed against this Act, and upon conviction of the Defendant, to award damages to the Plaintiff.
XLV. In every purveyors Commission, this Act shall be inserted, and shall also be sent to the Sheriffs of every County to be proclaimed amongst other Statutes of purveyors, according to the Statute of 1 H. 6.2.
XLVI. Stat. 23 H. 6.1.2. Every purveyor, before he receive his Commission, shall be sworn to the Chancery, to take nothing of subjects contrary to the Statute of 36 E. 3.2.3.
XLVII. The party grieved by taking, which upon request was not assisted by the Apprizer, Town, or Towns adjoyning, may bring his Action of Debt against the Town, or the purveyor, which he likes best, and shall recover the treble value of his goods so taken away, together with his costs, and treble damages; And none of the Kings Officers shall trouble any of the Kings subjects for the execution of this Act, in pain to forfeit 20 l. to the party grieved, besides his costs and damages, for which he may have a Writ of debt, in which Action no wager of Law, Essoin, Aid of the King, or protection shall be allowed; And the debt, damages and executions recovered against a purveyor in the case (if he hath not whereof to pay them) shall be satisfied by the Serjeant of the Catery, unto whom a Scire sacias shall be directed for that purpose.
XLVIII. These Statutes shall be sent to the Justices of peace in every County, to the end they may be yearly proclaimed.
XLIX. Stat. 23 H. 6.14. All Mayors, Bailiffs, Constables, and other Officers shall (upon request made) arrest and imprison without bail, all purveyors (except only the Kings or Queens) which take any goods or carriages from any of the Kings subjects, in pain to forfeit 20 l. to be divided betwixt the King and the party grieved, in case he will sue for it; but if not, then betwixt the King and the prosecutor; And the party offending being duly convicted thereof, shall yield to the party grieved, the treble value of the goods so [...]raken, [Page 454]and double costs, and besides, shall fine to the King for the trespass committed.
L. Here no wager of Law, or the Kings protection shall be allowed to the defendant.
LI. This Act shall not restrain the punishment ordained against the Kings purveyors.
LII. Stat. 28 H. 6.2. No person keeping an Hostery. Brewhouse, or Victualling, shall be a purveyor, and all Letters Patents of purveyance granted to such, shall be void.
LIII. No purveyor shall take any horse or Cart, but by the consent of the owner, or delivery of the Mayor, Sheriff, Bailiffs, or Constable, in pain to be subject to an Action of Trespass, wherein the party grieved shall recover treble damages.
LIV. Stat. 2, 3. P. M. 6. No Commission of purveyance shall continue in force above six months.
LV. In every such Commission shall be inserted the proportion and number of things to be taken; as also the County or Counties where such purveyance is to be made.
LVI. To every Commission shall be annexed blanks in parchment according to the number of the Counties into which it extends, and in every such blank shall be fair written the proportion and number of the commodities there to be taken, which shall also be subscribed by the High-Constables, Constables, or other Officers, which shall be privy to the delivery of the said goods.
LVII. The purveyor shall make writings or Dockets of all things by him taken, and subscribing his name thereunto, shall deliver them to the Constables, Head-boroughs, or other Officers of the places, where he takes the same things, in pain for every such default, to suffer one years imprisonment, and forseit 100 marks, to be divided betwixt the King and the prosecutor; which said Dockets shall be by the said Officers delivered over to the Justices of peace at their next general Sessions, and by them certified to the Lord Steward, Treasurer, or Comptroller of the King and Queens houses, if such purveyance were for the house; but if for the Navy, then to the Treasurer, or Comptroller of the Navy, and all this to the end a true answer of the purveyors Commission may fully appear.
LVIII. This Statute shall not give liberty to purveyors, or their Deputies to execute their Office otherwise, then is provided and expressed in other Statutes heretofore made, upon the pains and penalties in the same former Statutes contained.
LIX. Statutes made and provided for purveyors, or Takers, shall [Page 455]also extend to their Undertakers, Deputies, and servants.
LX. All Commissions of purveyance shall be written in English.
LXI. Stat. 12 Car. 2. cap. 24. Purveyanacs for the Kings houshold, and all carriages for purveyances, and all sums of money or other things taken, rated, or paid in regard hereof, or of any the children of any King or Queen of England; and all constraint for providing Carriages for their goods without the owners free consent (obtained without menace or enforcement) be taken away; and in recompence thereof, and of the Courts of Wards taken away, Rates of Excise given to the King.
LXII. Stat. 13 Car. 2. cap. 8. The clause in the Act, taking away purveyances, being inconvenient in regard of the King or Queens Royal progresses: It is Enacted, That the Clerk, or chief Officer of the Kings Carriages three dayes before the Kings Arrival, by Warrant from the Green-Cloth, shall give notice to two Justices of the peace adjoyning, to provide Carts and Carriage for the Kings use, expressing the time and place of attendance, every carriage to consist of four horses, or four Oxen and two horses; for every which Carriage, the owner to receive 6 d. for every mile going laden.
LXIII. If any shall upon occasion refuse or neglect to provide Carriages accordingly for the King or Queen, his or her houshold, and be convicted by the Oath of the Constable, other Officer, or two Witnesses before any Justice of the Peace of the Countrey, such person shall forfeit 40 s. to the Kings use, to be levied by distress and sale of his goods; Provided none be compelled to travel above one dayes Journey, and upon ready payment at the place of lading.
LXIV. If any Justice of the Peace, or other Officer shall take any gift or reward to spare any, or shall impress any other Carriage then directed from the Green-Cloth, he shall forfeit 10 l. to be recovered in any the Kings Courts of Record: And any person taking supon him to impress any horses or Carriages other then impowred, he shall suffer the punishment in the recited Act.
LXV. The Kings servants shall not pay above 12 d. a night for a bed, and 6 d. for a servants bed, and where they pay for their diet, and horsemeat, beds shall be provided gratis.
LXVI. Two Justices of the Peace near the Road, after notice from the Green-Cloth, or Avenor, under their hands and seals, shall set and proclaim the rates and prizes to be paid during the Kings stay for Hay and Oats, and other accomodations for horses; and rone shall take more, upon pain of 40 s. to be levyed by warrant of the said Justices upon the Offendors goods.
[Page 456]LXVII. This Act to continue untill the end of the first Session of the next Parliament, and no longer.
LXVIII. Stat. 14 Car. 2. cap. 20. The said clause of the Stat. 12 Car. 2. cap. 24. of setling a revenue upon the King in lieu and recompence for taking away the Court of Wards and Purveyance, being recited; It is notwithstanding Enacted.
LXIX. That Carriages shall be provided for the use of the Kings Navy and Ordnance, upon notice in writing by appointment of the Lord Admiral, or two or more of the principal Officers or Commissioners of the Navy or Master or Lievtenant of the Ordinance, directed to two Justices of the Peace near the place where the same are to be provided.
LXX. The said two Justices of the Peace shall issue their Warrants to such adjacent Parishes, Hundreds, or Divisions as they shall think fit, not above 12 miles distant from the place of lading. The Owners to receive for every load of Timber, 12 d. per mile, and for every other provision 8 d. the mile per Tun from the place of lading.
LXXI. The Lord Admiral or Officers above mentioned, may likewise impress Ships, Hoyes, and Boats for the Carriages imployed for the Navy, and Ordnance, at the rates per Tun usually paid by Merchants, and upon difference, to be setled by the Brotherhood of Trinity-house of Debtford-strand.
LXXII. If any the Kings subjects shall refuse or neglect to perform the service in carriage, upon conviction as aforesaid for land-Carriages, and for Water-carriages by the Oath of such persons as shall be appointed by the Lord Admiral, or principal Officers aforesaid, or two credible Witnesses, shall for every such default of Land-Carriage, forfeit 20 s. And for water-carriage, treble the fraight of the ship or vessel, to be levyed by the Justices of the Peace, or other chief Officer of Corporations, or from the principal Officers of the Navy aforesaid, by distress and sale of the Offendors goods.
LXXIII. Provided no person or carriage be forced to travel further, or continue longer then by order of the said Justices of the Peace, and ready payment at the place of lading.
LXXIV. No Officer impowred shall take any gift or reward, to spare any person, nor none shall be charged injuriously of evil will, no more then necessity of service shall require, or then shall be commanded by the superiours, upon forfeiture of 10 l. to the party grieved, to be recovered by Action of debt; and if any shall take upon him to press any horses, or Carriage, being not lawfully impowred, to incur the penalty in the Act for taking away purveyances mentioned.
[Page 457]LXXV. Proviso, no ship or vessel fraighted by Charter-party, if there be other vessels in the Port, nor any vessel quarter-laden outward bound, shall be lyable to be impressed.
LXXV. Proviso, to allow the Inhabitants of New-Forrest, in the County of Southampton, 4 d. per mile extraordinary going empty. This Act to continue till the end of the first Session of the next Parliament, and no longer.

Quakers.

* I. Stat. 13, 14 Car. 2. cap. 1. IF any persons who maintain, That the taking of an Oath in any case whatsoever (though before a lawful Magistrate) is unlawful and contrary to the Word of God, shall wilfully refuse to take an Oath, by the Laws of the land being duly tendred, or shall perswade any other to forbear the taking the same so tendred, or shall go about by Printing, writing, or otherwise to maintain, That the taking of an Oath in any case whatsoever, is unlawful: And persons called Quakers, may not assemble themselves together above 5 in number of the age of 16 years or more, under pretence of Religious Worship, upon penalty for the first Offence, upon conviction by verdict, or confession, a fine not exceeding 5 l. The second offence 10. l. upon every offendor. To be levyed by Warrant of the parties before whom the conviction shall be, and for want of distress and non-payment within one week after conviction, for the first offence, Imprisonment or house of Correction three Months, the second offence six Months, which penalties shall be imployed for the maintaining the house of Correction.
II. The third offence and conviction, the party offending shall abjure the Realm, or otherwise the King may give order to transport the offendor to any of his Majesties Plantations beyond the Seas.
III. Justices of Oyer and Terminer, Assise, Goal-delivery, and Justices of the Peace in open Sessions, may hear and determine the said offences within their respective limits.
IV. Any Justice of the Peace, Mayor, or chief Officer of a Corporation, may commit to the Goal, or bind over persons with suffient sure ties in order to their conviction.
V. Such persons as after conviction shall take such Oaths for which they stand committed, and give security to forbear meeting in any such unlawful assembly, shall be discharged of all the said penalties.
[Page 458]VI. A Lord of Parliament for every third offence within this Act shall be tryed by Peers.

Queen.

I. Stat. 1. M. Parl. 2.1. ALL Regal power of this Realm, and all dignities and preheminences thereunto belonging, shall be as well in a Queen, as in a King.

Quod Permittat.

I. West. 2.24. 13 E. 1. In like manner as a Parson of a Church may recover common of pasture by a writ of Novel disseisin, so his successor shall have a Quod permittat against the Disseisor or his heir, though there was never such a Writ granted out of the Chancery before.

☞ Rape.

* I. West. 1.13. 3 E. 1. NOne shall ravish or take away by force, any Maid within age (neither by or without her consent) nor any Wife or Maid of full age, nor any other woman against her will.
II. Here any person may sue within 40 dayes; but if not, then the King shall have the suit, and such as be found culpable, shall suffer two years imprisonment, and make fine at the Kings will; and if they have not whereof, they shall be punished by longer imprisonment, as the trespass requireth.
III. West. 2.34. 13 E. 1. If a man ravish a Woman, married, Maid, or other, where she did not consent, neither before nor after, he shall have judgment of life and member.
IV. Where a man ravished a woman married, Lady, Damosel, or other, albeit she confent after, yet he being attainted thereof, shall have like judgment as before; and here the King shall have the suit.
[Page 459]V. Of women-carried away with the goods of their husbands, the King shall have the suit for the goods so taken away.
VI. If a woman willingly leave her husband, and go away, and continue with her Advowterer, she shall be barred for ever of action to demand her Dower, unless her husband willingly (and without coertion of the Church) reconcile her, and suffer her to dwell with him.
VII. None shall carry away a Nun from her house (ableit she consent) in pain to suffer three years Imprisonment, and to make satisfaction to the house, and fine to the King.
VIII. Stat. 6 R. 2.3. Both the Ravisher, and Ravished (where she consents after the fact) are disabled to have or challenge any Inheritance, Dower, or joynt estate after the death of their Husband or Ancestor.
IX. In an appeal of Rape, the Husband, Father, or next of the bloud shall have the suit, and the Defendant shall not be received to wage battel.

Reasonable Aid.

I. West. 1. 35. E. 1. and 25 E. 3. Stat. 5.11. Reasonable Aid to make the Kings eldest Son a Knight, and to marry his eldest Daughter, shall be for a Knights fee holden of the King without mean, 20 s. and every 20 l. land in soccage shall pay as much, and so more or less, according to that rate; And it shall be levied at 15 years age of the Son, and 7 years of the Daughter: Here, if the Father levy it, and dye, and before the marriage of the Daughter, the Fathers executors shall be charged therewith, and if they have not assets, the heir shall be therewith charged.

Receivers.

I. Stat. 34 H. 8.2. All Collectors of Fifteens and Subsidies, or other tax or loan, and all particular and general Receivers of the Kings revenues, shall within three months after the same are due, and by them received, truly pay them unto the Kings use, in pain to lose their Offices, and also to forfeit 4 s. for every pound so received, and not paid in, as aforesaid, to be recovered by Bill, Plaint, or Action of Debt at the Kings suit: Howbeit lawful tender thereof within the said time, shall excuse the said penalties, albeit they be not then received by the proper Officer, by reason of other occafions.
[Page 460]II. Provided, that the heir of any such Collector or Receiver, shall not be charged (by reason of this Act) but only in lands, which descend in fee-simple, or fee-tail, or which have been conveyed unto him by collusion from such Collector, or Receiver; neither shall their executors, or administrators be otherwise charged for the same, then as they are chargeable by the Common Law in action of debt, commenced against them, as Executors, or Administrators.
III. The heir being charged, shall have remedy against the Executors or Administrators of his Father or Ancestor, and shall have execution of such goods and chattels, as remain in their hands at the time of the Action brought.
IV. This Act shall not extend to the Collectors of the Custome, or of Tunnage and Poundage: nor to restrain the payment of pensions, fees, annuities, rents, or other allowances to be paid by the said Receivers, according to the several allowances thereof.
V. Stat. 7 E. 6.1. Every Treasurer general, and particular Receiver, Bailiff, and Minister Accomptant to the King shall before his entry upon the Office, be bound with surety, or sureties for his true account and payment, in pain to lose his Office.
VI. Every such Receiver, his Deputy, or Deputies, shall yearly make Precepts to the several Collectors, Ministers, and Bailiffs, accountant within the circuit of his Office, charging them thereby personally to appear before him, or by their Deputy, or Deputies (for whom they will answer) within the County where such Offices do lye, at a certain day and place in the said Precept to be limited, to pay in such moneys as shall be due (within their Collections) to the King, at or before Easter, which Precept shall be delivered unto them or left at their houses, or the places where their Collections are, twelve dayes (at least) before the day of appearance.
VII. Here, if the Accomptant make default of appearance, and be thereof duly convicted in the Court, where the revenue is, he shall forfeit for the first offence, his whole see for that year, or the value thereof; and for non-payment of the money then due, shall lose for the first offence 6 d. in the pound for every moneth after the said day of appearance, untill it be paid in unto the Receiver.
VIII. Like Precepts are to be sent unto the said accomptants by the Auditor for appearance at the Audit at a certain day after Michaelmas, and for accompting there before him for moneyes due, at or before that Feast, upon the like penalties (for the first offence) as before, if they appear not, or refuse to accompt; they are then also to pay in to the Receiver all moneyes found due by the Auditor upon their accompts.
[Page 461]IX. For the second default of appearance at the Audit, they shall lose their Offices; and for their second offence of not paying in the moneyes due, at or before Michaelmas, they shall forfeit 12 d. for every month untill they be paid.
X. The Receivers shall yearly pay in all moneys due, at or before Easter (which they know to be due, and can by any lawsul means receive) by the 20 of June, at farthest, as those due, at or before Michaelmas, by the 20 of January, in pain to forfeit 2 d. in the pound for every day that they so make default of payment.
XI. Every Receiver shall yearly enter into his accompt in Hillary Term, finish it before the tenth of March, and pay in all the moneyes due upon his accompt, before the 20th of March, in pain to forfeit 4 d. in the pound for every day that he with-holds the same longer.
XII. Every Receiver, Collector, and Bailiff, hath power to distrain for arrears, and to order the said distresses in like sort, as any Officer of the Exchequer, for non-payment of the Kings rents and revenues have lawfully used to do, delivering to the party distrained the overplus of the value of every such distress, the Kings debts being first paid, and the distrainment answered his reasonable costs.
XIII. The Kings chief Officers of the Kings Courts of Revenue (being of Record) have power to set fines and amerciaments upon Sheriffs for not returning, or mis-returning of Writs issued out for the levying of the Kings debts or revenues.
XIV. All Treasurers, Chamberlains, general Receivers and Customers, shall upon 10 dayes notice, (from the king, or six of the Privy Council) render an accompt of what moneys are in their hands, and shall make ready payment thereof, in pain to lose their places.
XV. The said Treasurers, Chamberlains, and general Receivers, or their Deputies, shall yearly, before the 20th of June, make a perfect accompt of all such moneys as came to their hands, before the 20th of March next before, and shall make a perfect and whole declaration in writing, of the money remaining in their hands (to the King or his Council) yearly, before the last of June, and shall make payment thereof, as they shall be afterwards commanded by sufficient Warrant, in pain to forfeit their Offices.
XVI. No Treasurer, Receiver, or Minister, Accomptant, or their Deputies, shall receive for the payment, or any Fees, Annuities, Pensions, Duties, or Warrants, more, or otherwise then they lawfully may by former Laws and Statutes in that behalf provided, in pain to forfeit for every penny, or pennyworth, otherwise taken, 6 s. 8 d. to the party grieved, to be recovered by Bill, Plaint, or Action of debt.
[Page 462]XVII. The Auditor that refuseth, or delayeth to take an accompt so that the Accomptant cannot pass his accompt within the time above limited, shall forfeit as much as the Accomptant should have forfeited, and the Accomptant shall be discharged thereof.
XVIII. The Auditor or his Deputy shall in convement time (upon the request, and at the costs of the Accomptant) deliver unto the Accomptant, a duplicate or copy of his accompt under his or their hand, in pain to forfeit 10 l. to the King.
XIX. This Act shall not extend to Archbishops or Bishops, concerning their accompts or payment of tenths; nor to any Sheriff, Escheator, or Collector of Dismes, Quindismes, Benevolences, contributions, or Subsidies, the Subsidies of Tonnage and Poundage only excepted.

Recognisance and Statute-Merchant.

I. Acton Burnel, 11 E. 1. The Merchant that will be sure of his debt, shall cause his debtor to come before the Mayor of London, York, or Bristol, or before the Mayor and Clerk (which the King will appoint) to acknowledg the debt and the day of payment; which recognisance shall be entred into a Roll with the hand of the said Clerk.
II. The Clerk shall make with his own hand a Bill Obligatory, whereunto the seal of the Debtor shall be put together within the Kings Seal, to be appointed for that purpose; which Seal shall remain in keeping of the said Mayor and Clerk.
III. If the Debtor fail at the day, upon notice thereof to the Mayor and Clerk, they shall cause his chattels, and divisible Burgages to be sold, as far as the Debt doth amount, by appraisement of honest men, and the money without delay shall be paid to the Creditor; and in case they cannot sell them, they shall cause so much of the moveables to be delivered unto him as amount to the Debt, and the Kings Seal shall be put unto the sale and deliverance of the Burgages.
IV. If the Debtor have no moveables within the Mayors jurisdiction, then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal, and the Chancellor shall thereupon direct a Writ to the Sheriff, in whose Bailiwick the moveables of the Debtor be, who shall proceed therein, as the Mayor might have done, if the said moveables had been in his power.
V. If the Appraisors set too high a value upon the things that are to be sold, they shall be compellable to take them at the same [Page 463]price, and shall forthwith be answerable to the Creditor for his Debt: And albeit the moveable goods are sold for less than they are worth, yet is the Debt without remedy; and it shall be imputed to his own folly, that he would not sell them himself, when he might.
VI. If the Debtor have no moveables, whereupon the debt may be levied, he shall be imprisoned, and there remain untill he agree with the Creditor; and if he be in want, the Creditor shall find him bread and water, which the prisoner shall also satisfie before he be enlarged: a Merchant-stranger shall also be satisfied for his stay about the said business.
VII. If the Debtor have sureties, they shall be bound and proceeded against in like form, as is before declared against the Debtor; Howbeit, so long as the Debt may be levied of the goods moveable of the Debtor, his pledges or main-pernors shall be without damage.
VIII. Stat. De Mercatoribus, 13 E. 1. The Merchant shall cause his Debtor to come before the Mayor of London, or before some chief Warden of a City, or other good Town, where the King shall appoint, and before the Mayor or chief Warden or other discreet men chosen and sworn thereto, when the Mayor or chief Warden cannot attend, and before one of the Clerks, that the King shall thereto assign when both cannot attend, and to acknowledg the Debt and Day of payment, which recognisance shall be enrolled by one of the said Clerks hands, being known, and the Roll shall be double; whereof one part shall remain with the Mayor, or chief Warden, and the other with the said Clerk.
IX. Then one of the Clerks shall write an Obligation, whereunto the Seal of the Debtor shall be put together with the Kings Seal provided for that purpose; which Seal shall have two pieces, whereof one part shall remain with the Mayor or chief Warden, and the other with the aforesaid Clerk.
X. If the debt be not paid at the day, upon the Merchants accompt, the Mayor or chief Warden shall cause the Debtor to be imprisoned (if he be Lay, and in their power) there to remain at his own costs, untill he have agreed the debt; And the Keeper of the Prison there shall receive him, in pain to answer the debt himself, or (if he be not able) he that committed the Prison to his keeping.
XI. If the Debtor connot be found by the Mayor, or chief Warden, they shall send the Recognisance under the Kings Seal into the Chancery, from whence shall issue a Writ to the Sheriff of the County, where the Debtor is, to take his body (if he be Lay) and safely to keep him in prison, untill he agree the debt; And within [Page 464]a quarter of a year after he is so taken, his goods and lands shall be delivered unto him, to the end he may pay the debt, within which time the sale of his lands shall be good.
XII. If he do not satisfie the debt within that quarter, all his lands and goods shall be delivered to the Merchants, by a reasonable extent, to hold them, untill the debt be wholly levied, nevertheless, his body shall still remain in Prison, and the Merchant shall find him bread and water.
XIII. The Merchant or his assigns shall have such Seisin in the said lands, that he may maintain a Writ of Novel Disseisin, if he be put out, and a re-disseisin also, as of a freehold to him and his assigns, untill the debt be paid; but when the debt is levied, the body of the Debtor shall be delivered, together with his lands.
XIV. In the Writ awarded by the Chancellor, the Sheriff shall be directed to certifie the Justices of one of the Benches at a certain day, how he hath performed the service, and then the Merchant shall sue before the said Justices, if he be not satisfied.
XV. If the Sheriff make no return of the Writ, or return a tardt, or that he hath directed to the Bailiff of some Franchise, the Justice shall proceed according to the Statute of Westminster, 2. Chap. 39. which see in return of Sheriffs and Bailiffs.
XVI. If the Sheriff return a Non est inventus, or that he is a Clerk, the Merchant shall have Writs to all the Sheriffs, where he hath any land, that they shall deliver him all the goods and lands of the Debtor, by a reasonable extent, to hold to him and his assigns in form aforesaid; nevertheless, he may also have a Writ to what Sheriff he will, to take his body (if he be Lay) and to detain him in manner aforesaid, and then the Keeper must answer the body, or the debt; but yet the Debtor may sell the lands so the Merchant be not damnified by the appraisement.
XVII. Here, the Merchant shall be always allowed their damages, and all necessary and reasonable costs for their labours, suits, delays, and expences.
XVIII. If the Debtor have sureties, the like course shall be taken against them, as is above limited to be taken against the principal Debtor.
XIX. All the lands in the hands of the Debtor at the time of the Recognisance acknowledged are chargeable, in whose hands soever they come afterwards; but after the debt satissied, they shall return to the Grantees, as also the rest to the debtor.
XX. If the debtor or his sureties die, he Merchant shall not take the body of his heir, but shall have his lands, as aforesaid, if he be [Page 465]of age, or at his full age, untill he hath levied his debr.
XXI. There shall be also another Seal provided, that shall serve for Fairs, and shall be sent to every Fair under the Kings Seal by a Clerk sworn, or by a keeper of the Fair.
XXII. Of the Communalty of London, there shall betwo Merchants chosen and sworn, and the Seal shall be opened before them, whereof one piece shall be delivered to the said Merchants, and the other shall remain with the Clerk.
XXIII. Before these Merchants, or one of them, the Recognisances shall be taken, and before they be enrolled, the pain of the Statute shall be openly read before the Debtor, that he may not afterwards excuse himself by ignorance of the said pain.
XXIV. For the Clerks maintenance, the King shall take a peny for every pound, where the Seal is, except in Fairs, and there peny half peny.
XXV. This Act shall be from henceforth observed throughout England and Ireland, between any that will make Recognisances, except Jews, to whom it dothnot extend.
XXVI. By this Statute, the Writ of Debt shall not be abated, neither shall the Chancellor, Justice of either Bench, or Justices Errants be hereby estopped to take recognisances of debts before them acknowledged, and to issue execution thereupon, as hath heretofore been used.
XXVII. Breve fundatum super Statutum praedictum: ‘Rex Vic. salutem. Quia coram tali Majore vel Custode talis villae, vel coram Custode sigilli nostri de Mercatoribus in nundinis de tali loco, & tali clerico nostro A. Recognovit debere B. tantum, quod solvisse debuit tall die & tali anno, quod idem B. Nondum solvit ut dicit: Tibi praecipimus quod corpus praedicti A. (si laicus sil) capias, & in prisona nostra salio custedirifacias, quousque de praedicto debito satisfecerit; & qualiter hoc praeceptum nostrum fueris exccutus, scire facias Justiciariis nostris apud Westm, per literas tuas sigillatas, & babeas ibi hoc breve Teste, &c.’
XXVIII. Stat. 14 E. 3.11. The Clerk of the Statute shall be resident upon his Office, and shall have lands sufficient in the same County, whereof he may answer to all persons if he offend.
XXIX. Stat. 8 R. 2.4. No Judge or Clerk shall make any false entry of Pleas, rase any Roll, or change any Verdict, in pain to be punished by fine and ransome at the Kings will.
XXX. Stat. 5 H. 4.12. When a Statute-Merchant hath been certified into the Chancery, and thereupon a Writ awarded to the Sheriff, and returned into the Common Pleas, and the Statute there mee shewed, albeit the process thereof be after that discontinued, [Page 466]yet the party shall have the process re-continued, and shall also have re-execution upon the same Statute, without shewing it again to the Court.
XXXI. Stat. 11 H. 6.10. He that sueth for a Scire facias in Chancery, to defeat an Execution upon a Statute-staple, shall find surety both to the King and the Recognizee to prosecute his Suit with effect, &c.
XXXII. Stat. 23 H. 8.6. The Chief Justices of the Kings Bench and Common Pleas, or either of them, or (in their absence out of the Term) the Mayor of the Staple at Westminster, and the Recorder of London, joyntly together, shall have power to take Recognisances for the payment of debts, in this sorm following:
XXXIII. Noverint universi per praesent. nos A.B. & D.C. teneri & firmiter obligari Johanni Style in cent. libr. Sterling, solvendis eiden Johanni, aut suo cert. Atornat. hot script. ostend. haered. vel execut. suit in tal. fest. &c. proxim. futur. post. dat. praesent. & si desecero, vel defecerimus in solutione debit praedict. Volo, & conced. vel sic, Volumus & concedimus quod tunc currat super me haered. & execut. meos, vel, Super nos, & quemlibet nostrum haered. & execut. nostros poena in statuto Stapul. de debit. pro Merchandisis in ead. emptis recuperand. ordinat. & provis. dat. talï dir, Anno regni regis, &c.
XXXIV. Such Obligation shall be sealed with the Seal of the Recognisor or Recognisors; as also with such a Seal as the King shall appoint for that purpose, and with the Seal of one of the chief Justices, or the Seals of the said Mayor of the Staple, and Recorder, and every of the said Justices, and the said Mayor and Recorder, shall have the custody of one such Seal, to be appointed by the King as aforesaid.
XXXV. The Clerk of the Recognisances (to be also appointed by the King) or his sufficient Deputy or Deputies shall write and inroll such Obligatiors in two several Rolls indented, whereof one shall remain with such of the said Justices, or with the said Mayor and Recorder that take such Recognisance, and the other with the writer thereof: Also such Clerk or his Deputy or Deputies shall be dwelling or abiding in London, and shall not be absent from thence by the space of two days, in pain to forfeit 10 l.
XXXVI. The Clerk or his Deputy (at the request of the Creditors, their Executors or Administrators) shall certifie such Obligations into the Chancery under his or their Seal.
XXXVII. The Recognisees of such Obligations, their Executors and Administrators, shall have in every point, degree and condition, against the Recognisors, their Heirs, Executors and Administrators [Page 467]such Process, Execution, commodity, and advantage, as hath been had upon an Obligation of the Statute of the Staple, and shall also pay like Fees for the same.
XXXVIII. Here the Recognisor so bounden, or otherwife grieved by such an Obligation, shall have like remedy by Audita Qucrela, and all other remedies in the Law; as upon Obligations of the Statute of the Staple.
XXXIX. Upon the sealing of the process for the execution of every such Obligation, the King shall have an half-peny in the pound.
XL. The Tenant by such a Recognisance, his Executors or Administrators being outed, shall have like remedy, as upon an Obligation of the Statute of the Staple.
XLI. The Justices, or the Mayor and Recorders fee for taking such a Recognisance, is 3 s. 4 d. and the Clerks fee is as much, and his fee for certifying such an Obligation, is 20 d. And none of them shall take more, in pain of 40 l.
XLII. From henceforth, the Mayor or Constable of the Staple, shall take no Recognisance of the Statute of the Staple, in pain of 40 l. except between Merchants, being free of the same Staple, for Merchandize of the said Staple, between them lawfully bought and sold.
XLIII. The forfeitures abovesaid, are to be divided betwixt the King and the prosecutor, and proved by Information, Action of Debt, Bill, or Plaint, in which no Essoin, &c. shall be allowed.
XLIV. Stat. 16 and 17 Car. 2. cap. 5. When any Judgment, Statute, or Recognisance shall be extended, it shall not be avoided or delayd, by occasion of omission of any part of the Lands or Tenements extendible, saving always the remedy of contribution, against such persons whose Lands be or shall be extended out of such Extent from time to come.
XLV. Provided, This Act give no extent or contribution against any heir within the age of 21 years, during such minority, further then might have been before this Act.
XLVI. Provided, This Act extend only to such Statutes as be for payment of moneys: And to such Extents as shall be within 20 years after the Statute, Recognisance, or Judgment had.

This Act to continue 3 years, and from thence to the end of the next Session of Parliament, and no longer.

[Page 468]

☞ Records.

I. Stat. 9 E. 3.5. Justices of Assize, Goal-delivery, and Oyer and Terminer, shall yearly at Michaelmas send all their Records and Processes (determined and put in execution) into the Exchequer, which the Treasurer and Chamberlains there shall receive under their seals, and keep them in the Treasury: Howbeit the said Justices shall first take out the Estreats of the said Records and Processes, to send them to the Exchequer, as they were wont to do.

Recoveries.

I. Stat. 7 H. 8.4. Recoverers of Mannors, Lands, Tenements, and Advowsons, their Heirs and Assigns, may distrain for Rents, Services and Customs due and unpaid, and make Avowry, and justifie the same, and have like remedy for recovering them, as the Recoverer might have done or had; Albeit the said Recoverers were never seised thereof: And shall also have a Quare Impedit for an Advowson, if (upon a Voydance) any disturbance be made by a stranger, as the Recoverers might have had, albeit they were never seised thereof by presentation.
II. Here every Avowant, or Bailiff in any R [...]plegiarie, or second Deliverence, if their Avowrie, Conusance, or justification be found for them, or the Plaintiff be otherwise barred, shall recover his damages and costs.
III. Stat. 21. H. 8.15. A Termer for years, may falsifie a feigned Recovery had against them in the Reversion, and shall retain and enjoy his Term against the Recoverer, his Heirs and Assigns, according to his Lease.
IV. Also the Recoverer shall have like remedy against the termer, his Executors or Assigns, by Avowrie, or Action of debt for Rents and Services reserved upon such Lease, and due after such recovery, and also like action for waste done after such recovery, as the lesser might have had, if such recovery had never been.
V. No Statute of the Staple, Statute-Merchant, or execution by Elegit, shall be avoided by such feigned recovery, but such tenants shall also have like remedy to falsifie such recoveries, as is 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 [Page 469]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.
[Page 470]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 [Page 471]to the Parliament by the King, to be used under such sanctions and penalties, as the Houses of Parliament shall think fit: the same is enjoyned to be red in all Churches, Chappels, and places of publick Worship in England, Wales, and Town of Barwick upon Tweed, in such order as is enjoyned by the said Book annexed to the said Act.
II. Every Parson, Vicar, or other Minister in possession of any Ecclesiastical Benefice, enjoyned to read the Common Prayer upon some Lords day, morning and evening, before the Feast of St. Bartholomow 1662. and after such reading the same, make the Declaration verbatim as followeth.
I. A. B. do here declare my unfained assent, and consent to, and every thing contained, and prescribed in, and by the Book intituled, The Book of Common Prayer and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England, according to the use of the Church of England, together with the Psalter, or Psalms of David, pointed as they are to be sung, or said in Churches; and the form, or manner of making, ordaining, and consecrating of Bishops, Priests, and Deacons.

Upon penalty, there being no lawful impediment, and within one month after such impediment removed, of being deprived ipso facto, as if the person neglecting, or refusing so to do were dead.
III. All Parsons, Vicars and Ministers, to be after presented, or put into any Ecclesiastical Benefice, enjoyned to read the Common Prayer as aforesaid, and to make the aforesaid Declaration, within two months after they shall be in actual possession, upon the same penalty as aforesaid.
IV. All Incumbents, that reside upon their livings, and keep Curates, shall once every month themselves read the said Common Prayer, upon pain of forfeiture of 5 l. to the use of the poor of the upon conviction by two credible Witnesses before two Justices of the Peace, to be levyed by distress and sale of the offendors goods, by Warrant from the said Justices to the Churchwardens or Overseers of the poor, if not paid within ten dayes.
V. All Deanes, Canons, Prebendaries, Masters, Fellows of Colledges, &c. Parsons, Vicars, Lecturers, Schoolmasters, &c. enjoyned to take and subscribe the Declaration following. ‘J. A. B. do declare, that it is not lawful upon any pretence whatsoever, to take Arms against the King, and that I do abhor that trayterous position of taking Arms by his Authority against his Person, or against those that are Commissioned by him: And that I will conform to the Liturgy of the Church of England, as it is now by [Page 472]Law established. And I do declare, that I do hold there lies no obligation upon me, or any other person from the Oath, commonly called the Solemn League and Covenant, to endeavour any change, or alteration of Government, either in Church or State; And that the same was in it self an unlawful Oath, and imposed upon the Subjects of this Realm, against the known Laws and liberties of the Kingdom.’
The same shall be subscribed by the Heads of Colledges, &c. in the Universities before the Vicechancellor or his Deputy. And before the Archbishop or Ordinary of the Diocess by every other person, upon pain of forfeiture, and loss of their places as if dead.
VI. Schoolmasters or Tutors, that shall teach any youth in any private house without licence from the Archbishop, or Ordinary of the Diocess, shall for the first offence suffer 3 months imprisonment; for every second, or other 3 months imprisonment and forfeit 5 l.
VII. Every Parson, Vicar, Curate and Lecturer, after subscription made, shall procure a Certificate under the hand and seal of the Archbishop, Bishop, or Ordinary of the Diocess, and publickly read the same, together with the said Declaration upon some Lords day, within 3 months then next following, in his Parish Church where he is to officiate in the presence of the Congregation there assembled, in the time of Divine Service, upon pain of being deprived, ipso facto, and his place void, as if dead.
VIII. After the 25th of March 1662. the words following, part of the Declaration shall be omitted, viz. ‘And I do declare, that I do hold there lies no obligation on me, or any other person from the Oath commonly called the Solemn League and Covenant, to endeavour any change, or alteration of Government, either in Church or State, and that the same was in it self, an unlawful Oath, and imposed upon the Subjects of this Realm against the known Laws and liberties of this Kingdom: and none shall thenceforth subscribe or read the same.’
IX. No person not ordained according to the form of Episcopal Ordination, shall hold any Benefice with cure or Ecclesiastical promotion: nor be capable of any such benefice, nor administer the Sacrament, not being ordained a Priest, according to the form of the foresaid Book, upon pain to forfeit for every offence 100 l. one moyety to the King, the other moyety to the party that will sue for the same.
X. Provided, the penalties in this Act, extend not to Aliens of foreign reformed Churches allowed by the King.
[Page 473]XI. Provided no title of laps accrue by any avoidance or deprivation by this Act, but after 6 months after notice given by the Ordinary to the Patron, or such sentence of deprivation openly read in the Parish Church, becoming void by this Act.
XII. No other Form of Common Prayer shall be used in any Church, Chappel, or publick place, Colledge or Hall of the Universities: And all Governors and Heads of Colledges in the Universities, shall within a month, after admission to his place, openly in the Church, Chappel, or publick place of the Colledge, in the presence of the Fellows and Scholars of the same, subscribe the 39 Articles of Religion mentioned in the Stat. 13 El. Ca. 12. and declare his approbation of the said Book of Common Prayer: And all the said Governours or Heads shall read the morning Prayer, according to the said Book, once every quarter publickly in their Church, Chappels, or other publick place, upon pain of suspension for 6 months from their place; and if he shall not subscribe to the said Articles and Book within the said 6 months, then the place to be void. Provided the said Book may be used in Latine in Colledges.
XIII. None shall preach or read as a Lecturer without Licence of the Archbishop, or Bishop of the Diocess. And all Lecturers shall declare their consent to the 39 Articles aforesaid, and shall openly read the Common Prayers, and declare their approbation thereof, and shall read the same the first Lecture-day of every month, and after reading, declare their approbation thereof, upon pain to be disabled to preach or read any Lecture, until he shall conform.
XIV. Provided, it shall suffice, that Lecturers in Cathedral Churches, only declare their assent to the said Book.
XV. If any person so disabled, shall preach any Lecture or Sermon: the person so offending, shall suffer 3 months imprisonment in the common Goal: And any two Justices of the Peace, and the Mayor, or other chief Officer of any City or Town Corporate, upon Certificate from the Ordinary of the place made to him or them, of the offence committed, shall commit the person offending to the Goal accordingly.
XVI. The Common Prayer shall be read before every Sermon or Lecture, and the Lecturer that shall preach, shall be present at the same: Provided this Clause extend not to Sermons or Lectures, preached as publick University Sermons.
XVII. The several Laws and Statutes formerly made for uniformity of Prayer, and now in force, shall be put in ure for punishment of offences against the Book established by this Act 1 El. [Page 474]Ca. 2. 23 El. Ca. 1. Proviso, the names of the King and Queen, be fitted in the Prayers, Letanies and Collects, according to the present occasion.
XVIII. The Books of Common Prayer shall be provided by every Parish, Chapelry, Cathedral Church, Colledge and Hall, upon penalty of 3 l. a month, for lack thereof for every month after St. Bartholmews day 1662.
XIX. Provisoe, that the Bishops of Hereford, St. Davids St. Asaph Bangor and Landoff, do take care for translating the said Book into the Welsh Tongue, for Printing and providing the same in every Parish there.
XX. True Copies of the said Book of Common Prayer, shall be exemplified under the great Seal of England, and kept in the several Courts of Westminster, and Tower of London, to be produced and shewed forth in Court as need shall be.
XXI. Provided this Act be not prejudicial to the Kings Professor of Law in the University of Oxford, concerning the Prebend of Shipton, in the Cathedral Church of Sarum, united to the said Professors place by King James.
XXII. Proviso, whereas the clause in the 36th Article, mentions the Book established by K. E. 6. It shall extend to the Book of Common-prayer, established by this Act. See the precedent Laws of this matter, Title Crown, and Title Service and Sacraments.
XXIII. Stat. 15. Car. 2. Ca. 6. Stat. 3. An Act for relief of such persons as by sickness or other impediment, were disabled from subscribing the Declaration in the Act of Uniformity, and explication of part of the said Act.
XXIV. Stat. 15. Car. 2. Ca. 5. Stat. 3. Every Vestry-man in the Parishes of London, and other Corporations, enjoyned to make and subscribe before the Arch Bishop, or &c. the Declaration, and acknowledgement in the late Act intituled, An Act for Uniformity of publick Prayers, &c. This Act to continue in force to the end of the first Session of the next Parliament, and no longer.

[Page 475]

Rents.

I. Stat. 32 H. 8.37. The Executors or Administrators of tenants in Fee-simple, in Fee-tail, or for term of life, of rent-services, rent-charges, rent-secks, and fee-farms, unto whom any such rent or fee-farm was due, and unpaid at the time of his death, shall have an Action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their Testator, or against the Executors or Administrators of such tenant or tenants; and shall also distrain for the said arrerages upon the lands chargeable therewith, so long as they continue in the seisin or possession of such tenant in Demesne, or of any other person claiming, by or from him, in like manner as their Testator might have done: And the said Executors or Administrators shall likewise for the same distress lawfully make avowry upon the matter aforesaid.
II. This Act shall not extend to any Mannor, Lordship, or Dominion in Wales, or the Marches thereof, where the Inhabitants have used time out of mind, to pay to every Lord or Owner of such Mannors, &c. at their first entry into the same, any sum or sums of money, for the discharge of all duties, forfeitures and penalties wherewith the inhabitants were chargeable to any of their said Lords, Ancestors, or Predecessors before their such entry.
III. If any person hath in right of his wife any estate in Fee-simple, Fee-tail, or for term of life, in any such rents or Fee-farms, and the same happen to be due and unpaid in his Wives life, such husband, after the death of his wife, this Executors and Administrators shall have an action of Debt for the said arrerages, against the tenant of the Demesne, that ought to have paid the same, his Executors or Administrators, and shall likewise distrain for the same, and make Avowry, as he might have done if his Wife were living: The like power hath tenant per auter vie for arrerages due and unpaid in the life time of Cestuy que vie.

Repleader.

I. Stat. 32 H. 8.30. In all Actions after issue had, there shall be judgment given, notwithstanding any mis-pleading, lack of colour in sufficient pleading, or Jeosaile, Mis-continuance, Dis-continuance, mis-conveying of Process, mis-joyning of issue, lack of warrant of Attorney of the party against whom the issue shall be tryed, or any other default or negligence of any of the parties, their Counsellors or Attorneyes.
[Page 476]II. Provided, that every Attorney shall deliver, or cause to be delivered, his or their sufficient and lawful Warrant of Attorney, to be entred of Record for every Action or suit wherein he is named Attorney, to the Officer or his Deputy, ordained for the receipt and entring thereof, in the same Term, when the issue of the said Action is entred of Record, or before, in pain to forfeit 10 l. to the King, and to suffer imprisonment at the discretion of the Justices of the Court, where such Action depends.

Replevin of Cattel.

I. Marlb. 21. 52 H. 3. If Beasts be taken, and wrongfully withholden, the Sheriff, (upon complaint thereof) may deliver them, without let or gainsaying of him that took them, if they were taken out of Liberties; but if within any liberties, and the Bailiffs thereof will not deliver them, the Sheriff upon such Bailiffs default, shall cause them to be delivered.
II. West. 2.2. 13 E. 1. Where, upon Replevins, Lords cannot obtain Justice in Counties, and other inferiour Courts against their tenants, when such Lords are attached at their tenants suit, a Writ shall be granted them (viz. a Recordare) to remove the plea before the Justices, where Justice shall be done them; And the cause shall be inserted in the Writ, viz. because such a man distrained in his fee for services and customs to him due.
III. Here, the Avowry shall be upon the seisin of any Ancestor, or Predecessor, since the time that a Writ of Novel disseisin hath run.
IV. The Sheriff or Bailiffs shall not only take pledges of the Plaintiff to prosecute his suit, but also return the Cattel, in case return be awarded; And if pledges be otherwise taken, he shall answer the Lord for the price of the Beasts, to be recovered by Writ; And if the Bailiff be not able to restore them, his superior shall do it.
V. If after return once awarded, the Beasts are again replevied, or, as soon as the return of the Beasts is the second time awarded, the Sheriff shall be commanded by a judicial Writ, to make return thereof to the distrainer, in which Writ it shall be expressed, that the Sheriff shall not deliver them without a Writ making mention of the Judgment given by the Justices, and such Writ is to issue out of the Rolls o [...] the said Justices; after which, if the Plaintiff desire to replevy his Beasts, he shall have a judicial Writ (viz. a writ of second deliverance) that the Sheriff taking surety for the suit, and also of the beasts to be returned, or their price (if return be awarded) shall deliver the Beasts before returned, and the distrainer shall be [Page 477]attached to come before the Justices at a certain day; and if he that replevied make default, or for some other cause, return of the distress is awarded (being now twice replevied) the distress shall afterwards remain unreplevied.

Receipt.

I. The Statute of Glocester, 11. 6 E. 1. When a man leaseth his tenement in London, and he in reversion or remainder, causeth himself to be impleaded by Collusion, and to make the termer lose his term, loseth by default, or giveth it up; In this case, the Mayor and Bailiffs may enquire by Enquest, whether such plea was moved upon good right, or by covin; and if it be found that it was upon good right, Judgment shall be forthwith given; but if it be found by fraud to cause the termor to lose his term, the termer shall enjoy his term, and the execution of the Judgment for the demandant shall be suspended until the term be expired: In like manner shall it be of equity before the Justices, if the termor challenge it before the Judgment.
II. Stat. De defensione Juris, 20 E. 1. When any one demandeth tenements by the Kings Writ, and a stranger before Judgment comes in by a Collateral title, and desireth to be received, before his receipt, he shall find sufficient surety (as the Court will award) to satisfy the demandant the value of the lands so to be recovered from the day that he is so received, until final judgment given to the demandant.
III. Here, if the demandant recover, the defendant shall be grievously amerced, and if he have not whereof, he shall suffer imprisonment at the Kings pleasure; but if he can prove his right, he shall go quit.
IV. Stat. 13 R. 2.17. If any tenant for life, in Dower, by the Law of England, or in tail after possibility of issue extinct be impleaded, and he in the reversion come into the Court, and pray to be received to defend his right, at the day that the tenant pleadeth to the Action, or before; he shall be then received to defend his right, and after such receipt, the business shall be hasted as much as may be by the Law without any delay whatsoever of either side: And therefore here dayes of grace shall be given by the discretion of the Judges between the demandant and the party so received, and not the common day in plea of land, unless the demandant will thereunto consent, lest the demandants may be too much delayed, because they must plead to two adversaries.
[Page 478]V. Howbeit they in the reversion, who so pray to be received, shall find sureties for the issues, of the tenements demanded for the time that the demandants be delayed, after the plea determined between the demandants and tenants, if the Judgment pass for the demandant against them in the reversion, as well as where the receit is counter-pleaded, as where it is granted.

Residence.

* I. Artic. Cler. 8. 9 E. 2. Such Clerks as attend in the Kings service, if they offend, shall be corrected by the Ordinaries, as others be; Howbeit, so long as they be imployed about the Exchequer, they shall not be bound to keep residence in their Churches. To this was added by the Kings Council: The King and his Ancestors time out of mind have used, that Clerks, who are imployed in his service, during the time they are so in his service, shall not be compelled to keep residence in their Benefices, and such things as be thought necessary for the King and Common-wealth, ought not to be prejudicial to the Church.
* II. Stat. 21 H. 8.13. No spiritual person shall take to farm (to himself, or to any other for his use) any lands or other hereditament for life, years, or at will, in pain to forfeit ten pounds for every month he so continues the same, to be divided betwixt the King and the prosecutor.
III. This Act shall not extend to any spiritual person for taking to farm any temporalities (during the time of vacation) of any Archbishopricks, Bishopricks, Abbeyes, Priories, or Collegiate, Cathedral, or Coventual-Churches, nor to any such person who shall terder, or make any traverse upon any Office, concerning his Freehold.
IV. No spiritual person shall (by himself, or any other for his use) buy to sell again for profit, any cattel, victual, or Merchandize whatsoever, in pain to forfeit treble the value thereof, to be divided betwixt the King and the prosecutor, and every such bargain shall be void.
V. Howbeit, a spiritual person may buy horses, Mares, Cattel, or other goods, for his necessary use and imployment, and in case they happen not fit for his turn, may sell them again, so as this be done without fraud or covin.
VI. Also Abbots, Priors, Abbesses, Prioresses, Provosts, Presidents, and Masters of Colledges and Hospitals, and all other spiritual Governours and Governesses of any Houses of Religion, lands [Page 479]of the yearly value of 800 Marks or under, may use and occupy so much thereof for the maintenance of their houses, as they or any of their Predecessors have done within 100 year last past, notwithstanding this Act.
VII. Likewise Spiritual persons, not having sufficient Glebe or Demesne lands in right of their Churches or houses; may (notwithstanding this Act) for the only expences of their houses, and for their carriages and journeyes, take in farm other lands, and buy and sell corn and cattel for the only manurance and pasturage of such Farms, so as if it be done for such purposes only, without fraud or covin.
VIII. If any person having a Benefice with cure of Souls, being of the yearly value of 8 l. or above, accept another with cure of Souls, and be Instituted and Inducted in possession of the same, immediately upon such possession thereof, the first Benefice shall be adjudged void; and then it shall be lawful for the Patron thereof to present another, as if the Incumbent had dyed or resigned, any license, union, or other dispensation to the contrary notwithstanding.
IX. Every license, union, or other dispensation obtained contrary to this Act, shall be void. And none shall obtain (from Rome, or elswhere) any license, union, toleration, or dispensation to receive any Benefice with Cure, in pain of 20 l. to be divided betwixt the King and the Prosecutor.
X. Provided, that every Spiritual person of the Kings Council may purchase license, or dispensation, to keep three Benefices with Cure, and the Chaplains of the Kings, Queens, the Kings Children, Brethren, Sisters, Unkles, or Aunts, may so keep each of them two.
XI. Also an Archbishop and Duke may have each of them six Chaplains; a Marquess and Earl five; a Viscount and other Bishop, four; the Chancellor, every Baron and Knight of the Garter, three; Every Dutchess, Marchioness, Countess, and Baroness, being Widows, two; the Treasurer and Comptroller of the Kings House, the Kings Secretary, and Dean of his Chappel, the Kings Almoner, and Master of the Rolls, each of them two; And the Chief Justice of the Kings Bench, and Warden of the Cinque-ports, each of them one; And each of the aforesaid Chaplains, may purchase license or dispensation to keep two Benefices.
XII. Likewise the brethren and sons of Temporal Lords (born in wedlock) may purchase such license or dispensation to keep as many Benefices with Cure, as the Chaplains of a Duke or Archbishop: [Page 480]and the brethren or sons (born in wedlock) of every Knight may keep two.
XIII. Provided, that the aforesaid Chaplain shall exhibit (where need shall be) Letters under the Sign or Seal of the King, or other their Lord and Master, testifying whose Chaplains they be, or else not to enjoy such plurality of Benefices.
XIV. A so Doctors and Batchelors of Divinity, Doctors of Law, and Batchelors of Law-Canon, admitted to their degrees by any of the Universities of this Realm, and not by Grace only, may purchase such license to keep two Benefices with Cure.
XV. And because Archbishops must use (at consecration of Bishops) eight Chaplains and Bishops (at giving of Orders and Consecration of Churches) six, every of them may have two Chaplains over and above the number limited.
XVI. Every Spiritual person, that is advanced (by colour of this Act) to keep more Benefices with Cure, then is abovelimited, shall incur the penalty above provided by this Act.
XVII. Every Spiritual person, promoted to any Arch-Deaconry, Deanary, or Dignity in a Monastery or Cathedral Church, or other Church, Conventual or Collegiate, or being Beneficed with any Parsonage or Vicarage, shall be personally resident and abiding upon his said Dignity, Prebend, or Benefice, or at one of them at least, in pain to forfeit, for not being so resident by the space of a month together, or of two months (to be accounted at several times in any one year) the sum of 10 l. to be divided betwixt the King and the Prosecutor.
XVIII. None shall obtain (from Rome, or elswhere) any license or dispensation to be non-resident, in pain of 20 l. to be forfeited, as aforesaid.
XIX. Howbeit, this Act shall not extend to any Spiritual person, being in the Kings service beyond Sea, or upon a pilgrimage beyond Sea, during the time that he shall be so in the Kings service, or upon the said Pilgrimage, nor to any Schollar abiding for study (without fraud) at any University within this Realm; nor to any of the King or Queens Chaplains in Ordinary, neither yet to any of the other abovesaid Chaplains, which shall daily attend in their Lords or Masters housholds, so long as they so attend, without fraud; nor to the Master of the Rolls, Dean of the Arches, the Chancellor or Commissary of any Arch-bishop or Bishop, the twelve Masters of the Chancery, or the twelve Advocates of the Arches (being Clergy men) so long as they execute their Offices or places; nor to any Spiritual person compelled by the injunction of Lord Chancellor, [Page 481]or the Kings Council, to daily appearance to answer the Law, so long as he shall be so enjoyned.
XX. Also a Spiritual person (being the Kings Chaplain) may accept (of the Kings gift) any Benefices, to what number soever, without the incurring the penalty of this Act; and the King may also license his Chaplains for non-residence upon their Benefices, notwithstanding this Act.
XXI. No Spiritual person shall take in farm any Parsonage or Vicarage, in pain to forfeit 40 s. for every week that he or any other (for his use) so occupies the same, and also ten times the value of the profit or rent that he makes thereof, both which forfeitures are to be divided betwixt the King and the Prosecutor.
XXII. Provided that no Deanary, Archdeaconry, Chancellorship, Treasurership, Chantership, or Prebend in any Cathedral or Collegiat Church, nor Parsonage that hath a Vicar indowed, nor any Benefice perpetually appropriate, shall be taken to be a Benefice with Cure of Souls.
XXIII. No spiritual person, or any other for his use, shall keep any Tan-house or Brew-house, in pain to forfeit for every month so using the same, 10 l. to be divided as aforesaid: Howbeit, he may here have a Brewhouse for his own private use.
XXIV. Every Dutchess, Marquess, Countess; or Baroness, Widows, shall retain their priviledges concerning Chaplains, notwithstanding their intermarriages with other persons of a lower degree.
XXV. All Spiritual persons having possessions in right of their houses (above the value of 800 marks) may keep so much thereof, as shall be necessary for the maintenance of their housholds, notwithstanding this Act: Or may take a dwelling-house with Orchards and Gardens for their dwelling, so as (by colour thereof) they take not liberty to be non-resident.
XXVI. Stat. 25. H 8.16. Every Judg of the Kings Bench and Common Pleas, the Chancellor and Chief Baron of the Exchequer, and the Kings Attorney and Sollicitor General, may each of them have one Chaplain to be attendant to his person, having one Benefice with Cure, who may be non-resident upon the same.
XXVII. Stat. 28 H. 8.13. Every Spiritual person above the age of fourty years, being Beneficed (the Chancellor, Vice-Chancellor, Commissary, Rulers of Colledges or Halls, Doctors of the Chair, and Readers of Divinity, in either of the Universities, only excepted) shall be resident upon one of their Benefices, according to the Statute of 21 H. 8.13. upon the pain therein provided for non-residence.
[Page 482]XXVIII. Also every Beneficed person, under the age of fourty years, abiding in either of the Universities, shall not enjoy the priviledg of non-residence, provided by the said Statute of 21 H. 8. unless he be present at ordinary Lectures, both in the House and Schools, and in proper person perform his exercises, according to the Statutes of the University where he so abides.
XXIX. This Statute shall not extend to any Reader of any publick Lecture in Divinity, Law Civil, Physick, Philosophy, Humanity, or any of the liberal Sciences; nor to Interpreters or Teachers of the Hebrew, Chaldee, or Greek Tongues, in either of the Universities; nor yet to any person, who shall repair thither to proceed Doctor in Divinity, Law, or Physick, for the time of their proceedings there, according to the Statutes of the said Universities.
XXX. Stat. 33 H. 8.28. The Chancellors of the Courts of the Dutchy of Lancaster, Augmentations, and First-fruits, the Master of the Wards, every of the Kings Surveyors General, the Treasurers of the Kings Chamber, and the said Court of Augmentations, and the Groom of the Kings stool, may each of them retain one Chaplain, to be attendant to his person, having one Benefice with cure, who may be non-resident upon the same; Howbeit, every such Chaplain (shall at least) twice every year, repair to his Benefice, and abide there eight dayes at every such time, to visit and instruct his Cure, in pain to forfeit every time so failing, 40 s. to be divided betwixt the King and the Prosecutor.

Restitution.

I. Stat. 21 H. 8.11. Where a Felon robbeth or taketh away the money or goods of any, and is thereof found guilty, or otherwise attainted by the evidence given by the party himself or others by his procurement, in this case the Justices of Goal-delivery, or other Justices, before whom he is so found guilty or attainted have power to award a Writ of Restitution for the money or goods so robbed or taken, in like manner as if the Felon were attainted at the suit of the party in appeal.

Return of Sheriffs and Bailiffs.

I. West. 2.39. 13 E. 1. Such as do fear the ill execution of Writs by the Sheriff, shall deliver their Writs unto him in op [...] County, or in the rere-County, and shall take of him or his under-Sheriff, a Bill, containing the names of the demandants and tenants [Page 483]mentioned in the Writ, and require the Sheriff or under-Sheriff to put the seal thereunto, and mention shall be therein also made of the day of the deliverance thereof, and if the Sheriff, or under-Sheriff refuse to do it, the testimony of Knights, and other credible persons there present, do put their seals to such Bill, shall be taken.
II. If the Sheriff will not return Writs delivered unto him, upon complaint thereof to the Justices, a judicial Writ shall issue to the Justices of Assize, to inquire by such as were so present, whether they knew of the deliverance thereof, and an Enquest shall be thereupon returned; and if it be found by them, that the writ was delivered, damages shall be awarded to the Plaintiff or Demandant, having respect to the quality and quantity of the Action, and the peril he might incur by reason of such delay: And this is to prevent a return of the Sheriff by tarde.
III. And for that the Sheriff sometime returns a Mandavi Ballivo of a Liberty, where there is none such, the Treasurer of the Exchequer shall deliver to the Justices in a Roll, all Liberties (in every County) that have return of Writs; and if the Sheriff return a Mandavi Ballivo of a Liberty, not contained in the said Roll, he shall be punished as a disheritor of the King and his Crown: And if he return a Mandavi Ballivo of a liberty, that hath return, he shall have a Non omittas propter aliquam libertatem to do it, and shall be commanded to warn the Bailiffs thereof to be ready at a day to be named in the Writ, to answer, why they did not execute the Kings Precept, when, if they come and acquaint themselves, that no return was made to them, the Sheriff shall be condemned to the Lord of the Liberty, and also to render damages to the party grieved by such delay: But if the Bailiffs appear not, or do not acquit themselves, as aforesaid, in every Judicial writ (so long as the Plea hangeth) the Sheriff shall have a Non omittas, &c.
IV. As concerning the Sheriffs return of issues, if the Plaintiff demand Oyer of the Sheriffs return, it shall be granted him, and if heaver that the Sheriff might have returned greater issues unto the King, he shall have a writ Judicial unto the Justices of Assize to enquire in the presence of the Sheriff (if he will be there) what issues the Sheriff might have returned from the Teste to the return of the Writ: And when the Enquest is returned, if he have not before answered the whole, he shall be charged with the Overplus by estreats out of the Exchequer, and beside, shall be grievously amerced for the Concealment; And here rents, corn in the grange, and all movables except Horse, harness, and houshold-stuff) are imprisoned under the name of Issues.
[Page 484]V. The King commands, that Sheriffs shall be punished by the Justices once or twice (if need be) for such false returns: Howbeit, with the third offence none shall meddle but the King.
VI. The Sheriff must beware of returning a rescue, for such answers tend much to the dishonour of the King: But when the Bailiffs testifie such resistance, forthwith the Sheriff (all other business laid aside) taking with him the Posse Comitatus, he shall go in proper person to do execution; and if he find his under Bailiffs false, he shall punish them by imprisonment; but if not, he shall imprison the resisters, from whence they shall not be enlarged without the Kings special command.
VII. Also in case of resistance, the Sheriff shall certifie the Court of the names of resisters. their Aiders, Consenters, Commanders, and Favourers, and by a Writ Judicial they shall be attached by their bodies to appear in Court, where, if they be convict, they shall be punished at the Kings pleasure. See this Statute confirmed in Art. Sup. Chartas, 16. 28 E. 1.
VIII. Stat. 12 E. 2.5. An Indenture shall be made between the Sheriff and Bailiff of a Franchise under their names of every return delivered by the Bailiff to the Sheriff; and if the Sheriff change the return so delivered, and be thereof convict, he shall be punished by the King, and yield to the Lord of the Liberty, and to the party grieved double damages.
IX. Sheriffs and Bailiffs shall set their names to their returns, in pain to be grievously amerced to the Kings use.
X. Stat. 2 E. 3.5. At what time and place in the County a man delivereth a Writ to the Sheriff or Under-Sheriff, they shall receive the same, and make him a Bill, according to the Statute of Westm. 2.39. without taking any thing for the same; and if they refuse to make such a Bill, others there present shall set to their seals, and if the Sheriff or Under-Sheriff return not such Writs, they shall be punished according to the said Statute. Also the said Justices of Assize shall have power to enquire thereof, and to award damages, having respect to the delay, and likewise to the loss and damage that might happen.

Revenue. See Title King.

Richmond.

I. Stat. 26 H. 15. A Statute shewing what duties Spiritual [Page 485]persons Beneficed in the Arch-deaconry of Richmond shall take after the decease of any person there.

Rie and Winchelsey.

I. Stat. 2 E. 6.30. An Act was made against Ballast to be cast into the Channell there.

Right.

I. Magna Carta, 24. 9 H. 3. The Writ called Praecipe in Capite, shall be granted to no man upon any Free-hold, whereby any Freeman may lose his Court.

☞ Riots, Routs, and unlawful Assemblies.

I. Stat. 27 R. 2.8. The Sheriffs and all other the Kings Officers shall suppress Rioters, and imprison them, and all other offending against the Peace.
☞ II. Stat. 13 H. 4.7. The Justices of Peace, or two of them (at least) together with the Sheriff or Under-Sheriff, shall by the power of the County, suppress Riots, Routs, and unlawful Assemblies, arrest the offenders, and record what shall be done: By which Record of the said Justices, and Sheriff or Under-Sheriff, the offenders shall stand convict, as by the Statute of 15 R. 2.2. in case of Forcible Entries, (which see in Force) and if the offenders be departed, the said Justices, and Sheriff or Under-Sheriff, shall within a month after, make enquiry thereof, and hear and determine the same according to Law.
III. If upon such enquiry the truth cannot be discovered in manner aforesaid; then shall the said Officers within one month after such enquiry certifie the fault, together with the circumstances thereof, unto the King and his Council; which certificate of theirs shall be in the nature of a presentment by twelve, whereupon the offenders shall be brought to answer, and those that be found guilty, shall be punished at the discretion of the King and his Councill.
IV. If the offenders traverse the said Certificate, then that, together with the Traverse, shall be sent into the Kings Bench, there to be tried.
V. If the offenders upon the first Precept do not appear before the Council, or in the Kings Bench, a second Precept shall issue forth, upon which, if they cannot be found, or within three Weeks after [Page 486]Proclamation made against them in the next County Court after the delivery of the second Precept, they do not make their appearance before the Council, in the Kings Bench, or in the Chancery (in vacation-time) upon return of the said Proclamation, they shall stand convict and attainted of the offence committed.
VI. Justices of Peace dwelling near the place where such Officers shall be committed, and Justices of Assize for the time they shall be in their Sessions (in case any be then committed) shall d [...] execution of this Act, in pain of 100 l.
☞ VII. Stat. 2 H. 5.8. If default be found in the Justices of Peace, or Assize, or in the Sheriff, or Under-Sheriff, touching the execution of 13 H. 4.7. at the instance of the party grieved, the Kings Commission shall go out to enquire as well of the truth of the case and original matter, as of the defaults aforesaid, directed to sufficient men of the County, at the discretion of the Lord Chancellor; which Commissioners shall presently return into the Chancery the Enquests and matters before them found.
VIII. Here, during the Sheriffs, or Under-Sheriffs remaining in his Office, the Coroners shall impanell the Jury, each of them having lands worth 10 l. per annum, at least; and upon each of which, for making default, the Coroners shall return Issues, viz. for the first day, 20 s. for the second, 40 s. for the third, 5 l. and for every day after double: And all this the Coroner shall do, in pain of 40 l. But in case the Sheriff, or Under-Sheriff, reputed in default, be discharged of their Office, the new Sheriff shall do that which the Coroners are above enjoyned to do, and shall incur like penalty, if they therein make default.
IX. The Lord Chancellor, upon knowledg of any such offence, shall send the Kings Writ to the Justices of Peace, Sheriff, and Under-Sheriff of the same County, to put the said Statute of 13 H 4.7. in execution, upon the pain therein contained: But although no such Writ be sent, yet shall they not be excused of the said pain, if they make no execution of the same Statute.
X. A Riot, &c. shall be repressed, and enquired of at the Kings charge, which the Sheriff shall disburse by Indenture betwixt the Justices of Peace and him, and shall be answered him again upon his accompt in the Exchequer.
XI. Persons guilty of heynous Riots, shall suffer one whole years imprisonment without bail, but petty Rioters shall be imprisoned, as shall seem best to the King and his Council: And greater fines shall be set upon Rioters then in time past, in aid and supportation of the Justices, and other Officers in that behalf.
[Page 487]XII. All the Kings Liege People, upon warning, shall be assistant to the Justices, Commissioners, Sheriff, and Under-Sheriff aforesaid, upon pain of imprisonment, and to make fine and ransome to the King.
XIII. Bailiffs of Franchises shall cause sufficient men to be impanelled upon such Enquests, if any such be found within their Liberties. And the Ordinances and Pains aforesaid shall extend to Corporations and Liberties, where they have Justices of Peace within themselyes.
XIV. Stat. 2 H. 5.9. Upon a Bill of complaint for any Riot, &c. preferred by the party grieved to the Lord Chancellor for the time being, together with a suggestion testifying the same under the seals of two Justices of Peace, and the Sheriff of the County, the said Lord Chancellor shall send forth a Capias, returnable in the Chancery at a certain day, by which if the parties offending, or any of them be taken, they shall be committed to ward, or let to mainprise, at the discretion of the said Lord Chancellor, and shall be proceeded against as the Law requireth: But if the Sheriff return Nonest inventus, a Writ of Proclamation (to be proclaimed two County-Court days) shall go out returnable in the Kings Bench, at a certain day; before which, if they render not themselves, they shall be adjudged convict, and attainted of the offence suggested.
XV. If the offence be committed within the County Palatine of Lancaster, or other Franchise, where there is a Chancellor and Seal, The Lord Chancellor of England shall send a Writ to the said Chancellor, commanding him to make such execution, as in this Act is comprised.
☞ XVI. Stat. 8 H. 6.14. Two Justices of Peace of the Counties where Riots are supposed to be committed, shall testifie that the common fame runneth in the same Counties of the same Riots before Capias shall be awarded according to the Statute of 2 H. 5.9.
XVII. If the offence be committed within a Liberty, where there is a Chancellor and a Seal, upon information of the Riot, &c. from a Justice of Peace, and Sheriff there, the said Chancellor hath power to award. Writs of Capias and Proclamation, as the Chancellor of England hath.
* XVIII. Stat. 19 H. 7- 13. If any Riot, &c. be committed, the Sheriff upon a Precept directed unto him, shall return 24 persons, whereof every one shall have Freehold within the same County worth 20 s. per annum, or Copyhold worth 26 s. 8 d. per annum, or Copyhold and Freehold together, worth 26 s. 8 d. per annum, for to [Page 488]enquire of the said Riot, &c. And shall return issues upon every Juror making default, viz. for the first day 20 s. and for the second 20 s. and all this the Sheriff shall do, in pain of 20 l.
XIX. If the said Riot, &c. be found by reason of any maintenance or embracery of the said Jurors, then shall the Justices and Sheriff, or Under-Sheriff, (besides the certificate they are to make, according to the Statute of 13 H. 4.7.) certifie the name of such maintainers, and embracers, together with their misdemeanors, in pain to forfeit 20 l. a piece; which certificate shall have like force of proving the offence, as a Verdict of 12 men: And then such maintainers and embracers shall forfeit 20 l. a piece, and remain in prison at the discretion of the Justices.

☞ Robberies.

I. Stat. West. 1. 9 E. 6.1. All persons shall be ready (at the summons of the Sheriff, and cry of the Countrey) to pursue and arrest Felons, in pain (after attainder thereof) to make Fine to the King.
II. If default be in the Lord of a Franchise, the King shall feiz: his Franchise; but if in his Bailiff, the Bailiff shall be imprisoned for a year, and make fine to the King, and if he have not whereof, he shall suffer two years imprisonment.
III. If the Sheriff, Coroner, or other Bailiff, for any reward, fear, or favour, conceal, consent to, or procure to conceal any Felonies done within their Liberties, or will not attach or arrest them (where they may) and be thereof attainted, they shall suffer one years imprisonment, and be grievously fined to the King, if they have whereof; but if not, they shall suffer three years imprisonment.
IV. The Stat of Winchester, Cap 1. 13 E. 1. Immediately upon Robberies and Felonies committed, fresh suit shall be made from Town to Town, and from Country to Country.
V. Cap. 2. When need requires, Enquests shall be made in Towns by the Lord there, and then in the Hundred, after, in the County, and sometime in two, three, or four Counties, when the felony is committed in the division of Counties: Here, if the Country will not answer the bodies of the offenders, the people there shall be answerable for all the Robberies done, and also for the damages; So as the whole Hundred, where the Robberies are done, (together with the Liberties therein) shall be answerable for the Robberies there committed: And if they be done in the division of two Hundreds, both Hundreds together, with their Franchises, shall answer them: [Page 489]And here, the Countrey shall have but fourty dayes given them to agree for the robbery or offence, otherwise they are to answer for the bodies of such offenders.
VI. Cap. 4. In great Towns walled, the gates shall be shut from Sun-set, till Sun-rising, and none shall lodge without the Town from nine a clock until day, unless his Host will answer for him: for which purpose, the Bailiffs of the Towns shall make search once every fortnight, at least, and if they find any suspitious person lodged without the Town against the Peace, they shall do right therein: Again, betwixt Asceasion-day and Michaelmas, watch shall be kept all night, from Sun-set, till Sun-rising, viz. in a City with 6 men at every gate, in a Burrough with 12 men, and in every Town with 6 or 4 men, according to the number of the inhabitants there; if any stranger pass by them, he shall be arrested untill the morning, when, if they have no suspition of him, they shall let him go quit; but if otherwise, they shall deliver him to the Sheriff to be safely kept, untill he be duly acquitted; And here, if he will not obey the Arrest, they shall levy Hue and Cry upon him; and for such Arrest of a stranger, none shall be punished.
VII. Cap. 5. High-wayes, leading from Market to Market, shall be so enlarged, that there shall not be any dike, tree, or Bush, within 200 foot thereof; Howbeit, this Act shall not extend to great Trees: Here, if by default of the Lord, in not removing his dike, under-wood, or Bushes, any robbery be here committed, he shall be answerable for the same; and if there be murder committed, the Lord shall make fine at the Kings will: And in case the Lord be not able to fell the Under-woods, the Countrey shall help him: The Kings Demesne Lands and Forests shall be also subject to this Law; and if a Park be set too near the High-way, the Pale thereof shall be removed to the distance aforesaid.
VIII. Cap. 6. Pars inde. Two Constables shall be chosen in every Hundred and Franchise, who shall present to the Justices assigned, such defaults, as they shall find in the Countrey concerning suits, watches, and high-wayes, and also such persons as lodg strangers in uplandish Towns, for whom they shall not answer. And the Justices assigned shall present them at the Parliament to the King, who will provide remedy therein: Also Sheriffs and Bailiffs of Franchises, are straightly commanded to follow the Cry with the Countrey, and to keep Horse and Arms to perform the same, in pain to be presented by the Constables to the Justices assigned, and by them to the King, as aforesaid.
IX. Artic. super Cart. 17. 28 E. 1. The Statute of Winchester [Page 490]shall be again sent into every County, to be read and published four times in the year, and to be kept as strictly as the Great Charters, upon the pains therein limited; And for the better observance thereof, the Knights assigned in the Counties to redress things done against the Great Charter, shall be likewise charged with this, and have Warrant for the same accordingly.
X. Stat. 5 E. 3.14. If any have suspition of night-walkers, or other suspitious persons, (then called Robertsmen, Wastors, and Drawlatches) by day or night, they shall be presently arrested by the Constables, and if it be in a Franchise, they shall be delivered to the Bailiffs; but if in a Guildable, then to the Sheriff, and shall be kept in prison, till the coming of the Justices to deliver the Goal; and in the mean time, the Sheriff or Bailiff shall enquire of such arrests, and return their Enquests before the Justices at their coming together, with the cause of their taking; whereupon the Justices shall proceed to their deliverance, according to Law, and here, if the Sheriff or Bailiff neglect to enquire, they shall be amerced, and nevertheless, the Justices shall make enquiry, and proceed to the deliverance.
XI. Stat. 28 E. 3.11. The Statute of Winchester, cap. 1. & 2. 13 E. 1. is confirmed, being in a manner, the same with that word for word.
XII. Stat. 7 R. 26. The Statute of Winchester is again confirmed, and it shall be proclaimed four times a year by the Sheriff himself in person in every Hundred, and in every Market by the Bailiffs thereof.
XIII. Stat. 27 El. 13. The Hundred where fresh suit shall cease, shall answer half the the damages to the Hundred wherein the Felony shall be commited to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the Felony was committed; and here the death or change of the Clerk of the Peace, shall not abate the suit.
XIV. When in this case damages are recovered against one or some few inhabitants of the Hundred, and the rest refuse to contribute thereunto, two Justices of Peace (1. Qu.) dwelling within, or near the same Hundred, shall for the levying thereof, set a tax upon every Parish within that Hundred: according to which, the Constables and Headboroughs of every Town shall tax the particular inhabitants, and levy the money upon them by distress and sale of goods. and deliver the money levied to the said Justices, or some of them.
XV. No Hundred shall be chargeable, when any one of the malefactors [Page 491]shall be apprehended, or when the action is not prosecuted within one year after the Robbery committed.
XVI. No Hue and Cry shall be deemed legal, unless the pursuit be both by horse and foot.
XVII. No person robbed shall maintain an action in this case, unless with all convenient speed he makes his robbery known to some near Town, Village or Hamlet, and within twenty days before the Action brought, make oath before a Justice of Peace, dwelling within or near the Hundred where the robbery was committed, whether he know the parties that robbed him, or any of them; and if he know, shall enter into sufficient Bond before the same Justice, to prosecute the person or persons so by him known, by Indictment, or otherwise, according to the law.
XVIII. Stat. 39 El. 25. A remedy for the inhabitants of the Hundred of Henhurst, in the County of Berks, for recovery of such sums of money as shall be gained from them by force of the Statute of 22 El. 11.
XIX. Stat. 14 Car. 2. cap. 22. For preventing Theft and Rapine, by leud persons called Mess-Troopers, frequenting the Borders of Northumberland, Cumberland, and the adjacent parts of Scotland, The Inhabitants of the said two Counties may be charged for five years by the Justices of the Peace for resistance of the said Moss-Troopers.
XX. Provided, not to charge Northumberland above 500 l. per annum, and Cumberland above 200 l. per annum. And the said Justices may ap [...]oint men not exceeding 30 for Northumberland, and 12 for Cumberland, for searching for and apprehending the said malefactors, and may issue Warrant for collecting the assessments; and every Justice of the Peace may examine offences against this Act, and bind over the offenders to Sessions.
XXI. The Justices impowred to appoint a Treasurer to receive the said moneys, and make payment thereof according to their orders, and may agree and article with persons by them employ'd, and take security of them for safe-guarding the said Counties.
XXII. If any persons imployed in Border-Service upon this Act, shall wilfully or corruptly neglect to apprehend or bring to tryall any persons called Moss-Troopers; they shall be uncapable of being imployed in the said service, and further fine and imprisonment as the Justices shall think fit.
XXIII. The Justice may lessen the charge if they see cause, this Act to continue 5. years: The Stat. 4 Jac. cap. 1. & 7 Jac. cap. 1. [Page 492]touching tryal of offenders flying out of England into Scotland, et è contra, revived, and to be put in execution.

☞ Rome.

* I. Stat. 25 H. 8.19. The Convocation shall be assembled by the Kings Writs, and shall not enact any Constitutions or Ordinances without the Kings assent.
II. No Canons shall be executed, which be repugnant to the Kings Prerogative, or to the Customs, Laws, or Statutes of this Realm.
III. There shall be no appeals to Rome, but from henceforth they shall be according to the Statute of 24 H. 8.12. Which see in Appeals to Rome.
IV. Appeals from the Courts of Archbishops of this Realm, shall be to the King in his Chancery, out of which shall thereupon issue out a Commission under the Great Seal, to certain persons to be named by the King, who shall thereby have power to hear, and definitively to determine all such appeals, and the causes concerning the same, and from whose decree or sentence therein, there shall be no farther appeal.
V. If any sue for an Appeal to Rome, he shall incur a Praemunire; but this is made Treason by 13 El. 2. which see in Crown.
VI. Appeals from places exempt, which were before to the See of Rome, shall be henceforth into the Chancery, and shall be determined before the Commissioners as aforesaid.
VII. Provided, That all Canons, Constitutions, Ordinances, and Synodals Provincial, not repugnant to the Kings Prerogative, nor to the Customs, Laws, or Statutes of this Kingdom, shall be still used and executed, notwithstanding this Act.
* VIII. Stat. 25 H. 8.20. No man shall be presented to the See of Rome for the Dignity of an Archbishop or Bishop, neither shall Annates, or First-fruits be paid to the same See.
IX. Concerning the Election of Archbishops and Bishops, the King may send to the Prior, and Covent, or Dean and Chapter of the place shall be void, his Letters missive, containing his conge d'eslire, or license to elect the person named in the said Letters missive, which person they are to choose for their Archbishop or Bishop, and none other.
X. In case they fail to make election accordingly, the King shall nominate such an Archbishop or Bishop by his Letters Patents, and if it be a Bishop, he shall present him to the Archbishop, or (in case [Page 493]that See be then void) to any other Archbishop within his Dominion; but if it be an Archbishop, then to an Archbishop, and two other Bishops, or else to four other Bishops, to be nominated by the King.
XI. When any Archbishop or Bishop is elected or presented, as aforesaid, they are in due form to be invested and consecrated, viz. a Bishop by the Archbishop of that Province, or (in case of vacation) by any other within the Kings Dominions, and an Archbishop, by some other Archbishop, ond two Bishops, or else by four Bishops, without suing for any Bulls, Letters, or other things from the See of Rome for the same: And such Archbishop or Bishop, betwixt his election and consecration, shall be called the Lord Elect of such a Dignity.
XII. Such election or presentment of an Archbishop or Bishop, shall be lawful, and make them capable to do and execute all things that concern the said Dignities.
XIII. If the Prior and Covent, or the Dean and Chapter, within 20 days after the receipt of the Kings Conge d'eslire do not proceed to election, and certifie the same to the King; or if the Archbishop or Bishops unto whom the King presents any such person to be invested and consecrated, as aforesaid, do not perform the same accordingly within 20 days after such presentment; or if any person or persons de admit, obey, or execute any Censures, Excommunicotions, Interdictions, Inhibitions, or any other Process or Act in derogation of this Act; that then all and every person and persons offending shall incurre a Praemunire.
XIV. Stat. 25 H. 8.21. No imposition shall be paid to the Bishop or See of Rome, neither shall any person sue for any dispensation or license to the Bishop of Rome.
XV. The Archbishop of Canterbury may grant dispensations to the King, and likewise licenses to all others, of things formerly used to be licensed: Howbeit, of causes not used to be licensed, no dispensations shall be granted without the approbation of the King and his Councill.
XVI. Here, Licenses of things, whereof the tax did heretofore extend (at Rome) to 4 l. shall be also confirmed by the Kings Great Seal, and likewise enrolled in Chancery by a Clerk thereto appointed; but all others may be granted by the Archbishop, without such confirmation, unless the party desire to have it enrolled, and then the Fee for the Seal shall be 5 s. and not above: And all Acts done by such licenses shall be good in Law.
XVII. All children procreated after Marriage, to be had or done [Page 494]by such licenses or dispensation, shall in all Courts be admitted Legtiimate and Inheritable.
XVIII. There shall be a Clerk assigned by the Archbishop to register Dispensations, and another by the King to enroll Confirmations.
XIX. There shall be two Books made, wherein the taxes of Dispensation shall be written, whereof the one shall remain with the said Register of the Dispensations, and the other with the said Clerk of the Confirmations.
XX. None shall pay for dispensation greater taxes then shall be set down in the said Books; and if any Officer takes more, he shall forfeit ten times so much to be divided betwixt the King and the prosecutor: Howbeit, where they are Arbitrary, the Archbishop, and the Lord Chancellor and Keeper shall rate them; and here also is set down, how the money received shall be divided; For which, see the Statute at large.
XXI. This Act shall not inhibit the Archbishop of York, nor other Bishops to dispence, as they were wont to do, by the Common Law, and custome of this Realm.
XXII. During the vacation of the See of Canterbury, the Guardian of the Spiritualities shall grant Dispensations: Here is also a remedy provided, where the Archbishop or Guardian refuse to grant Dispensations, viz. by a Commission from the King, to impower two other Prelates to perform the same: For which, see the Statutes at large.
XXIII. All Religious Houses heretofore exempt from the Visitation of the Archbishop, shall still remain so, notwithstanding this Act, and shall be under the Visitation of the King by Commission under the Great Seal; so as the Popes power shall be quite excluded from all such Visitations; neither shall any Religious persons from henceforth depart this Realm for any Visitation, Congregation, or Assembly whatsoever, but all such meetings shall be hereafter within the Kings Dominions.
XXIV. Howbeit, this Act, nor any License or Dispensation, to be granted thereby, shall derogate the Statute of 21 H. 8.13. touching Pluralities of Benefices or Non-residence.
XXV. Whosoever sues for any License, Dispensatson, &c. to the See of Rome, or obeys any Process from thence, shall incur a Praemunire; but this is made Treason by 13 E [...]. 2.
XXVI. Grants and Confirmations of liberties obtained from the See of Rome to any Abbeys, or other Religious Houses, shall be of the fame effect as they were before this Act.
[Page 495]XXVII. Abbeys, nor other places exempt, shall pay any Pensions to the See of Rome, nor accept any Dispensation or Confirmation from thence, nor make any oath to the Bishop thereof; and where no such Confirmation was requisite, they shall still remain as before, notwithstanding this Act.
XXVIII. Dispensations obtained at Rome before the 12th of March, 1533. shall remain of the force that they had before this Act.
XXIX. The King, with the advice of his Council, may reform the manner of Indulgences.

Safe Conducts.

I. Stat. 15 H. 6.3. IN all Safe Conducts, the name of them of the Ship, and of the Master, and the number of the Mariners, together with the Portage of the Ship, shall be expressed.
II. Stat. 18 H. 6.8. Goods may be loaded into the Ships of the Kings Enemies, so as the Merchant hath an Authentique safe Conduct for them, otherwise they may be made prize by any that can take them.
III. Stat. 20 H. 6.1. All Letters of safe Conduct, which be not enrolled in the Chancery before the delivery of them, shall be void.
IV. They who will take benefit of the Kings safe Conduct, shall have it ready enrolled at the time of their apprehension: Howbeit, although the safe Conduct be not presently shewed, yet it will suffice, if it be afterwards proved to be then enrolled.

Saint Johns.

I. Stat. 32 H. 8.24. By this Act, the Corporation of Saint Johns of Jerusalem in England and Ireland was dissolved, and the Priors and Confreres thereof prohibited, to wear the Mark, &c.
II. The King was to have their Houses, Churches, Lands, Goods, Chattels, Debts, and all other things of theirs: There be also divers Pensions appointed severally to the Priors, Chaplains, and Confreres of that Order, to continue, during their lives.
III. All of that Order, are discharged from obedience for their Religion, and also enabled to sue, and to take and have liberty, as [Page 496]other Religious persons were enabled by 31 H. 8.6. (which see in Ability.) Likewise their lands are to be within the survey of the Court of Augmentations.

Scarborough.

I. Stat. 37 H. 8.14. An Act for the incorporating of two persons, (by the name of the Masters, or Keepers of the Peer and Key at Scarborough) who have power to distrain every man having lands or houses there, for the fifth part of the yearly revenue thereof towards the repair of the said Peer and Key. See the Statute at large.

Sea.

I. Stat. 18 E. 3. Stat. 1.3. The Sea shall be open to all Merchants to pass with their Merchandize, where they please.

Seals.

I. Artic. sup. Chart. Cap. 6. 28 E. 1. No Writ concerning the Common Law, shall be awarded under any of the petty Seals.
II. Stat.. 11 R. 2.10. The Kings Signet, or Privy Seal, shall not be sent in prejudice of the Realm, or disturbance of the Law.
III. Stat. 4 H. 7.14. All Grants and Writings of Lands and other things pertaining to the Earldom of March, shall be under the Great Seal, and not under the special Seal.

Serjeants at Arms.

I. Stat. 13 R. 2.6. There shall be but thirty Serjeants at Arms, who shall meddle with nothing but what concerns their Offices; neither shall they oppress the people, in pain to lose their Office, make fine to the King at his pleasure, and full satisfaction to the party.

☞ Service and Sacraments.

* I. Stat. 1 E. 6.1. None shall speak or do any thing in contempt of the most Holy Sacrament, in pain of imprisonment, and to make fine and ransom at the Kings Will.
[Page 497]II. Three Justices of Peace (1. Qu.) have power to take information by the Oaths of two lawful persons (at least) concerning the offence aforesaid, and to bind over by Recognizance every accuser and witness, in 5 l. a piece, to appear at the next Sessions to give evidence against the offenders, who are there to be enquired of before three Justices, or more, by the oaths of twelve men, and also indicted, if the matter alledged against them be found true.
III. Three Justices or more, have likewise power to send out two writs, Capias and Exigent, and a Capias Utlegat. against such offenders in all Counties and Liberties, and upon their appearance to determine the contempts and offences aforesaid, or to take bail for their appearance to be tried, as aforesaid.
IV. The Justices also have power to direct a Writ in the Kings Name to the Bishop of the Diocess, where the offence was committed, by which he shall be required to be present himself (or some for him sufficiently learned) at the arraignment of the offender, and to give advice concerning the offence committed.
V. The offence shall be prosecuted within three moneths, and the offender shall be admitted to produce Witnesses for his defence.
VI. The Minister shall deliver the Sacrament to every person in both kinds, and shall not (without lawful cause) deny it to any, that will devoutly and humbly desire it.
VII. Stat. 2. 3 E. 6.1. Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by this Act; And shall not use any other, or deprave the same, in pain (if he be Beneficed, and convict thereof by the Verdict of twelve men, his own confession, or notorious evidence of the fact) to forfeit to the King for the first offence that of his Benefices, which the King will choose, and to suffer six months imprisonment; for the second, to suffer one whole years imprisonment, and to be deprived, ipso facto, of all his spiritual promotion, whereupon every Patron may present; and for the third, to suffer imprisonment during life. And if he be not Beneficed, for the first offence he shall suffer six months imprisonment, and for the second, imprisonment during life.
VII. If any shall be convicted to have by Enterludes, Playes, [...]ongs, rhymes, or otherwise depraved the said books, as to have compelled or procured the Minister to sing or say any other Church-service, or in any other form then as aforesaid; or by any such means [...] have interrupted or let the Minister to sing or say the said Service, th [...] shall for the first offence, forfeit 10 l. to the King; or (that [Page 498]not paid within six weeks after conviction) shall suffer instead thereof, three months imprisonment without bail; for the second time offending, shall forfeit 20 l. or (that not paid within six weeks as aforesaid) shall suffer six months imprisonment without bail: and the third time shall forfeit all their goods, and suffer imprisonment during life.
IX. Justices of Oyer and Terminer, and Justices of Assize have power to hear and determine these offences; unto whom the Archbishop or Bishop of the Diocess may associate himself, if he please.
X. This shall not restrain any private man, or publick Colledges to use the said Service in such Tongues as they understand, the holy Communion only excepted; or any other to use Psalms, or Prayers taken out of the Bible, at convenient times, not letting thereby the said Service.
XI. The offences aforesaid shall be prosecuted at the next Assize or Sessions of Oyer and Terminer, after they are committed: And here tryal of Deers shall be by Peers.
XII. Chief Officers of Cities and Corporations, shall also hear and determine these offences within their several Precincts, and so likewise shall Ecclesiastical Magistrates; Howbeit, none shall be punished above once for one offence.
XIII. Stat. 5. 6 E. 6.1. Every person shall resort to his Parish-Church or Chappel; or (upon just let) to go to some other every Sunday and Holiday, in pain to be punished by the Censure of the Church.
XIV. The Common-Prayer-Book now made perfect, and annexed to this Act, together with the addition of consecrating Archbishops, Bishops, Priests and Deacons, shall be used and esteemed as by the Statute of 2. 3 E. 6.1. is ordained, under the pains in that Statute expressed.
XV. If any shall be convicted by Verdict of twelve men, before Justices of Assize, Oyer, Terminer, or Peace in Sessions, to have wittingly heard, or have been present at any other form of Common-Prayer, Administration of Sacraments, making of Ministers, or other rites then what are expressed in the said Book, or which are contrary to the said Statute of 2. and 3 E. 6.1. shall for the first offence, suffer six months imprisonment without bail, for the second, twelve months imprisonment; and for the third, imprisonment during life.
XVI. Stat. 1. M. Sess. 2. cap. 3. If any shall disturb a Preaches lawfully licensed, he shall be by the Constables, or Churchwardens of the Parish, brought before a Justice of Peace, who, upon due accusation, [Page 499]shall presently commit him to safe custody, and within six dayes after, together with another Justice, shall diligently examine the fact, who, if they find cause, shall commit him to the common Goal, there to remain for three months, and from thence to the next Quarter-Sessions; at which, upon the parties reconciliation, and entring into Bond for good behaviour for one whole year (at the discretion of the Justices in Sessions) he shall be released: but if he persist still in his obstinacy, he shall remain in prison without bail, untill he shall reconcile, and be penitent for his offence.
XVII. He that rescues an offender in this kind, shall suffer like imprisonment, as aforesaid; and besides, shall forfeit 5 l. to the Queen.
XVIII. The Inhabitants of a Town that suffer such an offender to escape, shall forfeit 5 l. being presented before the Justices of Peace in Sessions within the County or Corporation where the escape was made.
XIX. Justices of Peace, Assize, and Oyer and Terminer, and Mayor and Head-officers of Corporations, have power to hear and determine these offences, and to impose the fines aforesaid.
XX. This Act shall not restrain the jurisdiction of the Ecclesiastical Laws; Howbeit, none shall be punished here for one offence.
XXI. Stat. 1 El. 1. Every Minister shall use the Church-Service in such form as is mentioned in the Book of Common-Prayer established by 5. 6 E. 6.1. together with the addition of certain Lessons to be used on every Sunday in the year, and the form of the Letany altered and corrected, and two Sentences only added in the delivery of Sacrament to Communicants.
XXII. If any Minister shall be convicted by the Verdict of twelve men, his own confession, or notorious evidence of the fact, to have refused to use the Church-Service; or to have used any other rite, Ceremony, Order, Form, or manner then is set forth in the said Book, or to have depraved the same Book, or any thing therein contained, he shall forfeit (being a Beneficed man) fon the first offence, one whole years profit of all his Spiritual promotions, and suffer fix months imprisonment; for the second, shall be deprived, ipso facto, whereupon every Patron may present, and shall suffer one whole years imprisonment: And for the third, shall be also deprived, as aforesaid, and suffer imprisonment during life: And if he be not Beneficed, for the first offence he shall suffer one whole years Imprisonment, and for the second, imprisonment du [...]ng life.
[Page 500]XXIII. If any shall be convicted, to have by Enterludes, Playes, Songs, Rhymes, or otherwise, depraved the said Book, or to have compelled or procured the Minister to sing or say any other Church-Service, or in any other form then as aforesaid: or by any such means, have interrupted, or let the Minister to sing or say the said Service; they shall for the first offence, forfeit 100 Marks to the Queen, or that not paid (within six weeks after conviction) shall suffer (instead thereof) six months imprisonment; for the second offence, shall forfeit 400 Marks, or that not paid (within six weeks as aforesaid) shall suffer one whole years imprisonment: and for the third offence, shall forfeit all their goods and chattels, and suffer imprisonment during life.
XXIV. Every person shall resort to their Parish Church, (or upon let thereof) to some other, every Sunday and holiday, upon pain to be punished by censures of the Church, and also to forfeit 12 d. to be levied by the Churchwardens there, for the use of the poor, upon the offenders goods by way of distress.
XXV. Justices of Oyer and Terminer, and of Assize, and Mayors and Head-officers of Corporations, have power to hear and determine these offences; unto whom the Archbishop or Bishop of the Diocess may associate himself, if he please, howbeit, Note that by the Statute of 23 El. 1. Justices of Peace have also power to meddle therein, which see in title Crown.
XXVI. None shall be impeached by this Act, unless the offence be presented at the next Sessions of Oyer and Terminer, or Assize after it is committed, and here tryal of a Peer shall be by Peers.
XXVII. This Act shall not restrain Ecclesiastical Jurisdiction, howbeit none shall be punished twice for one offence.
XXVIII. Such Ornaments and Ministers of the Church shall be retained, as were to be in the Church of England, by the Statute of 2. 3 El. 6.1. untill the Queen shall take other order by the advice of Commissioners, by her to be appointed, under the Great Seal, or by the advice of the Metropolitan of this Realm.
XXIX. If any contempt or irreverence be used in the 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 [Page 501]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 [Page 502]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 [Page 503]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 other the said impediments and annoyances. And all those persons, and every of them, to tax, assess, charge, distrain, and punish, as well within the meets, limits, and bounds, of old time accustomed, or otherwise, or elswhere within our Realm of England, after the quantity of their lands, tenements, and rents by number of acres and perches, after the rate of every persons portion, tenure, or profit, or after the quantity of their common Pasture, or profit of fishing, or other commodities there by such wayes and means, and in such manner and form, as you, or six of you, whereof the said A. B. and C. to be three, shall seem most convenient to be ordained and done, for redress and reformation to be had in the premisses; [Page 504]And also to reform, repair, and amend the said Walls, Ditches, Banks, Gutters, Sewers, Gotes, Calcies, Bridges, Streams, and other the premisses in all places needfull: and the same as often and where need shall be to make new, and to cleanse and purge the trenches, sewers, and ditches in all places necessary; and further to reform, amend, prostrate, and overthrow, all such Mills, Streams, Ponds, Locks, Fish-garths, hebbing-wears, and other impediments, and annoyances aforesaid, as shall be found by inquisition, or by your surveying, and discretions to be excessively hurtful. And also to depute and assign diligent, faithful, and true keepers, Bailiffs, surveyors, collectors, expenditors, and other ministers and officers, for the safety, conservation, reparation, reformation, and making of the premises, and every of them, and to hear the accompt of the Collectors and other Ministers, of and for the receipt and laying out of the money that shall be levied and paid in, and about the making, repairing reforming, and amending of the said walls, ditches, banks, gutters, gotes, sewers, calcies, bridges, streams, trenches, mills, ponds, locks, fish-garths, flood-gates, and other impediments and annoyances aforesaid. And to distrain for the arrerages of every such collection, tax, and assessment, as often as shall be expedient, or otherwise to punish the debtors and detainers of the same, by fines, amerciaments, pains, or other like means, after your good discretions. And also to arrest, and take as many carts, horses, oxen, beasts, and other instruments necessary, and as many workmen, and labourers, as for the said works and reparation shall suffice, paying for the same competent wages, salary, and stipend in that behalf: And also take such, and as many trees, woods, and underwoods, and timber, and other necessaries, as for the same works and reparations shall be sufficient, at a reasonable price by you, or six of you, of the which we will that A. B. and C. shall be three, to be assessed, or limited, as well within the limits and bounds aforesaid, as in any other place, within the said County, or Counties near unto the said places: and to make and ordain Statutes, Ordinances, and Provisions, from time to time, as the case shall require, for the safeguard, conservation, redress, correction and reformation of the premisses, and of every of them, and the parts lying to the same necessary and behoofefull after the laws and customs of Rumney Marsh in the County of Kent, or otherwise, by any wayes and means after your own wisdoms and discretions. And to hear and determine, all and singular the premisses, as well at our suit, as at the suit of any other whatsoever complaining before you, or six of you whereof A. B. and C. shall be three, after the Laws and Customs aforesaid, [Page 505]or otherwise, by any other ways and means after your discretions. And also to make and direct all Writs, Precepts, Warrants, and other commandments by vertue of these Presents, to all Sheriffs, Bailiffs, and other Msnisters, Officers, and other persons, as well within Liberties as without, before you, or six of you, whereof the said A. B. and C. to be three, at certain days, terms, and places to be returned and received. And further, to continue the Process of the same, and finally, to do all and every thing and things, as shall be requisite for the due execution of the Premisses, by all ways and means, after your discretions. And therefore we command you, That at certain days and places, when, and where you, or six of you, whereof the said A. B. and C. to be three, shall think expedient, ye do survey the said walls, fences, ditches, banks, gutters, gotes, sewers, calcies, ponds, bridges, rivers, streams, water-courses, mills, locks, trenches, fish-garths, flood-gates, and other lets, impediments, and annoyances aforesaid, and accomplish, fulfill, hear and determine all and singular the premisses, in due force, and to the effect aforesaid, after your good discretions. And all such as ye shall find negligent, gainsaying, or rebelling in the said works, reparation, or reformations of the premisses, or negligent in the due execution of this Commission, that ye do compell them by distress, fines, and amerciaments, or by other punishment, ways, or means, which to you, or six of you, whereof the said A. B. and C. shall be three, shall seem most expedient for the speedy remedy, redress, and reformation of the premisses, and due execution of the same. And all such things as by you shall be made and ordained in this behalf, as well within Liberties as without, that you do cause the same firmly to be observed, doing therein, as to Justice appertaineth; after the Laws and Statutes of this Realm, and according to your wisdoms and discretions.
XI. Save always to us such fines and amerciaments, as to us thereof shall belong. And we also command our Sheriff or Sheriffs of our said County or Counties of [...] that they shall cause to come before you, or six of you, of which A. B. and C. shall be three, at such days and places, as ye shall appoint to them, such and as many honest men of his or their Bailiwick, as well within the Liberties as without, by whom the truth may best be known, to inquire of the premisses. Commanding also all other Ministers and Officers, as well within Liberties as without, that they and every of them shall be attendant unto you, in and about the due execution of this our Commission. In witness whereof we have caused these our Letters to be made Patents. Witness Our Self at Westminster, the [...] day of [...] in the [...] year of Our Reign.
[Page 506]XII. Here, every person named a Commissioner, as soon as he shall have notice thereof, shall effectually put his diligence and attendance thereunto: Howbeit, he shall not put the Commission in execution, because he shall (before the Lord Chancellor, or some others, whom He by a Dedimus shall thereto assign, or before the Justices of Peace in Sessions of the County, to which the Commission is directed) take the Oath following:
XIII. Ye shall swear, that you to your cunning, wit, and power, shall truly and indifferently execute the authority to you given by this Commission of Sewers, without any favour, affection, corruption, dread, or malice, to be born to any manner of person or persons, and as the case shall require, ye shall consent and endeavour your self for your part, to the best of your knowledg and power, to the making of such wholesome, just, equall, and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows, being in Commission with you, for the due redress, reformation, and amendment of all and every such things, as are contained and specified in the said Commission; And the same Laws and Ordinances, to your cunning, wit and power, cause to be put in execution, without favour, meed, dread, malice, or affection, as God you help, and all Saints.
XIV. All Statutes of Sewers heretofore made, are confirmed.
XV. The Commissioners have power to make and ordain Laws, Ordinances, and Decrees, and all and every thing mentioned in their Commission, according to the true meaning thereof, and the same to reform, repel, and amend, and make new, as need shall require.
XVI. If any person, assessed to any lot, or charge for any lands, tenements, or hereditaments, within the limits of any Commission, do not pay the same, according to the Ordinance of the Commissioners, by reason whereof the said Commissioners decree the same lands, tenements, or hereditaments from the owner or owners thereof, and their heirs to any other for years, life, or in fee, for the payment of the said lot or charge; Every such Decree and Ordinance by them made, ingrossed in parchment, and certified into the Chancery, under their seals (with the Kings assent thereunto also had) shall bind all such person or persons having any Estate in the premisses, in use, possession, reversion, or remainder, their heirs and scoffees, and shall not be otherwise reformed then in Parliament.
XVII. The Kings Lands, Tenements, and Hereditaments, shall be as liable to the Laws, Ordinances, and Decree of the Commissioners, or any six of them, as those of any other.
[Page 507]XVIII. If a Commissioner not sworn, as aforesaid, or being sworn, and not having lands, tenements, or hereditaments, to his own use, in fee or for life, worth 40 marks per annum, besides reprises (except resiant and free of a Corporation, and having moveables worth 100 l. or else an utter Barister) do attempt to execute the said Commission, he shall forfeit for every time so doing, 40 l. to be divided betwixt the King and the prosecutor.
XIX. Avowry and Justification of a distress taken, or of any other Act done, by reason of the said Commission, shall be made without any express, or rehearsal of any other matter contained in this Act, or any Commission, Laws, or Ordinances thereupon made; whereupon the Plaintiff shall be admitted to reply, that the Defendant did take the said distress, or did any other act or trespass of his own wrong, and thereupon the issue shall be tryed by the Verdict of twelve men, and not otherwise; And upon the trial, the whole matter on both parts shall be given in evidence: And here, if the verdict pass for the Defendant, or the Plaintiff be non-suit, the Defendant shall recover his treble damages and costs, to be assessed by the same Jury, or a Writ to inquire of damages, as the cause shall require.
XX. The Commissioners shall have for their pains, 4 s. a day, and the Clerks 2 s. a day out of the taxes aforesaid, &c. Also the Commissioners, or any six of them, have power (at their discretions) to allow out of the said taxes, more to the Clerk for Writing-Books, and Process, and to Collectors and others, that take pains in the due execution of the same Commission.
XXI. When any such Commission is directed for the reformation of any thing within the Dutchy of Lancaster, the Commissioners shall be named by the Lord Chancellor, Lord Treasurer, the two chief Justices, and the Dutchy, or any three of them, whereof the Lord Chancellor, and Chancellor of the Dutchy, are to be two: And in this case, two Commissions shall issue forth, viz. one under the Great Seal, and the other under the Seal of the Dutchy.
XXII. The fees for every such Commission, shall be 2 s. 6 d. to the King for the Seal, and 5 s. to the Clerk for writing and enrolling it, and no more.
XXIII. A Commission of Sewers shall continue in force but three years from the Teste, and the King (by a Supersedeas out of the Chancery) may discharge any Commission or Commissioner, at his pleasure.
XXIV. The Laws, Decrees, or Ordinances of the Commissioners shall continue no longer in force then their Commission; unless they be engrossed in parchment, and certified under their seals [Page 508]into the Chancery, and the Kings assent obtained thereunto.
XXV. When any such Commission is directed into Wales, and any other County Palatine, two Commissions shall issue out, viz. one under the Great Seal, and the other under the Seal of such County Palatine, in like manner as is above ordained for the Dutchy of Lancaster.
XXVI. The Kings assent aforesaid, shall be certified into the Chancery under his Privy Seal without fee, only the Clerk shall have two shilling for writing the Certificate, and not above.
XXVII. The Chancellors of the Principality of Wales, or any other County Palatine, having the custody of the Seal there, upon request made, and upon sight of the Commission under the Great Seal, may thereupon make out another under the Seal of such County Palatine according to the tenor of the Kings Commission, and also to the Commissioners therein named, except within the Dutchy of Lancaster, for which the provision abovesaid shall be observed.
XXVIII. Stat. 25 H. 8.10. None shall be compelled to be sworn, or to sit or travell in the execution of any Commission of Sewers, unless he be dwelling within the County, whereof he is assigned a Commissioner.
XXIX. If any Commissioner being required by any, having authority by the Kings Writ, or otherwise, to give him the Oath provided by 23 H. 8.5. shall refuse to take it, upon such refusal or contempt done in Chancery, or returned thither with the said Writ, he shall lose five marks for every such contempt, unless he alledg sufficient cause in Chancery the same Term (wherein such return is made) for his excuse and discharge in that behalf.
XXX. Stat. 3. 4 E. 6.8. The Statute of 23 H. 8.5. is made perpetual, in such manner as it may stand with the sequel and additions hereafter mentioned.
XXXI. All sums of money rated by Commission of Sewers, upon any of the Kings land, shall be leviable by distress or otherwise, as may be done in the lands of other persons, and acquittances under the hand of such Collector or Receiver as shall be appointed by the Commissioners, or any six of them, shall be a sufficient discharge as well to the Tenants of the Kings Lands, as also to the Receiver, Auditor or other Officer, for the allowance of the said rates to such Tenants.
XXXII. Like fees shall be paid for Commissions, and Dedimus Potestatem, under the Dutchy Seal, as are paid for them obtained under the Great Seal.
[Page 509]XXXIII. A Commission of Sewers shall endure five years, unless in the mean time it be superseded.
XXXIV. Stat. 1 M. Parliament, 2. Cap. 11. The Statute of 23 H. 8.5. and all Commissions of Sewers, shall extend and give authority, that the Commissioners therein named for the County of Glamorgan, or six of them, (whereof three to be of the Quorum) shall by this Act, and the said Statute of H. 8. and Commission, have power to make Laws, Ordinances and Decrees within the said County, for the redress and saving of grounds there from hurt and destruction, by reason of sand rising out of the Sea, and driven to land by storms and winds, as they may do by the said former Act and Commission, for avoiding the outragious course and rage of the Sea and other waters.
XXXV. Stat. 13 El. 9. All Commissions of Sewers shall continue in force for ten years after the date thereof, unless they be repealed by a new Commission, or a Supersedeas.
XXXVI. All Laws, Ordinances, and Constitutions, duly made according to the Statute of 23 H. 8.5. and written in parchment indented, under the Seals of the Commissioners, or six of them (whereof one part shall remain with the Clerk of the Commission, and the other in such place, as the Commissioners, or six of them shall appoint) shall without any Certificate to be made into the Chancery, and without the Kings assent, continue in force; notwithstanding any determination of such Commission by Supersedeas, untill the same Laws, Ordinances and Constitutions shall be altered, repealed, or made void by Commissioners afterwards assigned.
XXXVII. After the end of ten years next after the Teste of a Commission, all Laws, Ordinances, and Constitutions, made by vertue thereof, and written in parchment, indented and sealed as aforesaid, shall, notwithstanding such determination of the Commission, continue in force one whole year, after the said ten years; during which time, the Justices of Peace of the County or Counties, whither it is directed, or six of them (two Quorum) have power to execute such Commission and Law, &c. as fully as the Commissioners themselves, unless in the interim, a new Commission be sent forth.
XXXVIII. No Farmer for years of any Lands, &c. lying within the limits of the Commission (which shall be chargeable with any Laws, &c. made by vertue of any such Commission, wherein he shall be a Commissioner) not having an Estate of Freehold in England worth 40 l. per annum, shall have any power to sit or intermeddle with any such Commission, during the time he shall be Farmer, and [Page 510]not have Freehold, as aforesaid, but every such Commission as to him only shall be adjudged void.
XXXIX. There shall be no certificate or return of the Commission, or of any of their Laws, Ordinances, or doings, by vertue thereof.
XL. The Clerk of the Commission, shall yearly estreat all issues, fines, penalties, forfeitures and amerciaments, due and answerable to the Queen, her heirs and successors, and shall yearly deliver them into the Exchequer (as Justices of Peace ought to do by vertue of their Commission) in pain of 5 l.
XLI. Provided, that the abovesaid Farmer may act in the Commission as concerning all other Lands, save only the Lands whereof he is so Farmer, as aforesaid.
XLII. Stat. 3 Jac. 14. All Walls, Ditches, Banks, Gutters, Sewers, Gates, Causeys, Bridges, Streams, and Water-courses, within two miles of London, having their fall into Thames, shall be subject to the Commission of Sewers, and to all Statutes made for Sewers, and to all penalties in the said Statutes contained.
XLIII. Stat. 12 Car. 2. cap. 6. Commissioners of the Sewers to be made by the Lord Chancellor and others, pro hac vice, there being no Lord Treasurer, nor Chief Justice of either Bench, according as by the Stat. 23 H. 8. cap. 5. is appointed to joyn herein.

☞Sheep.

* I. Stat. 3 H. 6.2. None shall transport Sheep beyond Sea, without the Kings license, in pain to forfeit them, or the value thereof.
* II. Stat. 25 H. 8.13. None shall keep in his own possession at any one time above two thousand Sheep, in pain to forfeit for every Sheep kept above that number, 3 s. 4 d. to be prosecuted for a subject within one year, and for the King within three; but here Lambs shall not be accounted as Sheep till Midsummer twelve moneth after their fall.
III. If any happen to have more Sheep than two thousand, by reason of any Executorship, or marriage, they shall not be impeached by this Law, so that within one year after they put off so many, that at the end of that year, they may not have above two thousand: Neither shall a child during his nonage (nor any person for him) be endamaged by this Act, which child shall have by legacy above two thousand Sheep given him.
[Page 511]IV. Justices of Peace have power to hear and determine the offences committed against this Act, but shall not set a less fine then is limited by the same.
V. Every temporal Subject may keep upon his own Demesne lands, as many Sheep as he will, or for the maintenance of his house, above the number of two thousand, notwithstanding this Act.
VI. How Foulds, courses and quillets of lands in Norfolk and Suffolk shall be used, and to which quillets, this Statute shall extend. See the Statutes at large.
VII. A thousand of Sheep (meant by this Statute) shall be accompted after the rate of six score to the Hundred.
VIII. None shall take to Farm above two Farms together, and they are to be scituate in the same Parish where he dwells, in pain to forfeit 3 s. 4 d. for every week he takes the profits of them.
IX. Spiritual persons shall keep Sheep, as they have used to do notwithstanding this Act.

☞Sheriff.

* I. Stat. De finibus levatis, cap. 2. 27 E. 1. Sheriffs shall not be charged with any issues to be levied, nor shall levy any, before they pass out of the Exchequer, being there delivered by the estreats of the Justices, in which estreats, every head shall be charged for issues forfeited, like as of amerciaments.
II. If the Sheriff will charge himself with the issues of any Recognisor, Pledg, or Mainpernor, who is not able to pay them, the Sheriff shall be charged therewith in the Exchequer.
III. Sheriffs shall make talyes of all money received by them or their Officer, in pain of great forfeitures: And shall not return any Mainpernors, Jurors, or others, except (according to the tenor of the Kings Writ) they be lawfully impannelled; Neither shall they return any Freeman as pledges without their consent.
IV. A Baron and a Clerk of the Exchequer, shall be sent once every year through every County of England, to inquire the names of such as have paid the Green-wax that year, and shall also view all such Talyes and enroll them, as shall hear and determine complaints made against Sheriffs, and their Clerks and Bailiffs, that shall do contrary to the premises, and the offenders shall be grievously punished.
V. Artic. sup. Chart. 8. 28 E. 1. The people of every County, shall have election of their Sheriff, where the Sherivalty is not of fee.
[Page 512]VI. Artic. sup. Chart. 13. 28 E. 1. The Commons of every County shall choose such Sheriffs, as shall not charge them, nor put any Officer into authority for rewards or bribes, nor lodg too oft in one place, neither yet with poor persons, or men of Religion.
VII. The Statute of Sheriffs, 9 E. 2. Sheriffs shall be assigned by the Chancellor, Treasurer, Barons of the Exchequer, and Justices; And in the absence of the Chancellor, by the Treasurer, Barons, and Justices.
VIII. None shall be Sheriff, except he have sufficient land in the County where he is Sheriff, to answer the King and his people.
IX. No Steward or Bailiff, to a great Lord, shall be Sheriff, except he be out of service, so that he may attend to execute his Office for the King and his people.
X. Hundreds also (both the Kings and other) shall be kept by convenient and able persons, having sufficient lands within the same Hundred, or in the County where the Hundred is; And they shall be leased to such persons at reasonable rents, to the end they may not extort upon the people: But no Sheriff or Hundreder shall lease their Office to any other in farm, or otherwise.
XI. Execution of Writs that come to the Sheriffs, shall be done by Hundreders, sworn and known in full County, and not by any other, unless such Hundreders be in default, and then execution shall be done by others, meet and sworn, so as the people may know to whom to sue such executions; saving alwayes return of Writs to them that ought to have them.
XII. Stat. De attinctis, 13 E. 2. Vide Rastal, Sheriffs, 5. When Sheriffs, and other Ministers, being impleaded in the Exchequer (for receiving the Kings debts, by Tallyes, or Acquittances, and not acquitting the parties thereof in that Court) are so far gone in plea, that the great distress is returned against them, and they come not then in to answer, then shall issue out another distress, returnable at a certain day, by which Writ Proclamation shall be made in full County, that the Defendant appear at the day and acquit the debt, for which he made such tally or acquittance, at which day if he come not, and the Writ be returned, and the Proclamation certified, he shall be holden as convict, and the debt shall be taken of him as of debt recovered in the Kings Court, and damages shall also be awarded to the Plaintiff at the discretion of the Barons; Howbeit, none shall be hindred by this Statute to complain of Sheriffs and other Ministers when they shall be found in the Exchequer, to make them answer there, as hath been formerly used.
[Page 513]XIII. Stat. 2 E. 3.4. The Statute of 9 E. 2. is confirmed, and Sheriffs and Bailiffs of fee shall cause their Counties and Bailiwicks to be kept by such as have lands therein.
XIV. Stat. 2 E. 3.12. From henceforth Hundreds and Wapentakes, shall be again adjourned to the Counties, and shall never hereafter be given or severed therefrom.
XV. Stat. 4 E. 3.9. Sheriffs, Escheators, and Bailiffs of Hundreds and Franchises, shall have sufficient in the places where they are Ministers, whereof to answer the King and his people, in case any man complain against them.
XVI. Stat. 4 E. 3.10. Sheriffs and Goalers shall receive and safely keep such thieves and felons, as shall be delivered them by Constables or Townships without taking any thing for such receipt: And the Justices assigned to deliver the Goal, shall have power to hear such complaints, and to punish such Sheriffs and Goalers as they shall find guilty herein.
XVII. Stat. 4 E. 3.15. Sheriffs shall let their Hundreds and Wapentakes for the old Farm, and not above; And the Justices assigned, shall have power to enquire of Sheriffs, and to punish them, if they shall find them guilty herein.
XVIII. Stat. 5 E. 3, 4. None shall be Sheriff, Under-Sheriff, Escheator, Bailiff of Franchises, Wapentakes, Hundreds, or Tythings, unless he have sufficient lands in the County, whereof to answer the King and his people, if any will complain.
XIX. Stat. 14 E. 3.7. No Sheriff shall continue in his Office above one year, and then another convenient man shall be chosen in his place (having lands sufficient in his Bailiwick) by the Chancellor, Treasurer, and Chief Baron, taking to them the Chief Justices, if they be present: And this shall be done yearly at the Exchequer, the next day after All-Souls.
XX. Stat. 14 E. 3.9. All Wapentakes and Hundreds, which be severed from the Counties, shall be re-joyned to them again: The Sheriffs also shall hold the same in their own hands, and put in such Bailiffs and Hundreders (having lands in the Bailiwicks and Hundreds) for whom they will answer.
XXI. If Sheriffs let any Hundreds, Bailiwicks, or Wapentakes to farm, they shall let them at the ancient farms, without any increase upon them: And the King and his people shall be hereafter served with sufficient Bailiffs, Hundreders, and their Under-Bailiffs, without employing Out-riders, who have heretofore in divers Counties, notoriously grieved the people: Neither shall any Bailiff errant be in any County, but only where they have used to be [Page 514]in the time of the Kings Grandfather, and but one Bailiff errant in one County.
XXII. All such as have Bailiwicks, or Hundreds in fee, shall put such Bailiffs, for whom they will answer, and if they let them to farm, they shall take but the old farm, without any increase.
XXIII. The Justices of both the Benches, the Barons of the Exchequer, and Justices assigned, shall enquire after, and punish the offenders of this Ordinance, at their discretion, according to Law and Reason.
XXIV. If the Sheriffs, or their Fermors be found in default, and be thereof attainted, the Wapentakes and Hundreds shall be seised into the Kings hands, and by the Justices let to others: Such Officers likewise shall be imprisoned, and there remain, untill they make fine and ransome to the King, according to the quantity of the Trespass, and yet they shall answer the King the whole form.
XXV. Lords having Hundreds, or Wapentakes in fee, shall place therein sufficient Bailiffs, to answer the King and his people; and if their Bailiffs offend against this Ordinance, such Bailiffs shall be called to answer, whereof, if they be attainted they shall have such punishment as the Law requireth, and shall be also put out of their places, and others put in their places by the said Law.
XXVI. Stat. 28 E. 3.7. No Sheriff shall continue in his Office above one year.
XXVII. Stat. 28 E. 3.9. No Writ shall be hereafter directed to the Sheriff to charge a Jury to indict any.
XXVIII. Stat. 42 E. 3.9. Pars inde. No Sheriff, Under-Sheriff, or Sheriffs Clerk, shall continue in their Office above one year.
XXIX. Stat. 1 R. 2.11. None having been Sheriff for one whole year, shall be Sheriff again within three years then next ensuing, if there be other sufficient in the County, to answer the King and his people.
☞XXX. Stat. 1 H. 4.11. Because Sheriffs did much oppress the people, for that they were charged with the ancient farms of the Counties, whereof a great part had been granted to Lords and others: hereafter the Sheriffs upon their accounts in the Exchequer, shall have allowance (by their oaths) of the issues of their Counties: And if from henceforth any Sheriff extort upon the people, and be thereof attainted, he shall be punished at the Kings will.
[Page 515]XXXI. Stat. 4 H. 4.4. Every Sheriff of England (serra demurrant) shall abide in proper person within his Bailiwick for the time that he shall be such Officer: He shall not let his Bailiwick to farm: And he shall be sworn to do the same in special amongst other Articles comprised in his Oath.
XXXII. Stat. 1 H. 5.4. They who have been Sheriffs Bailiffs for one year, shall not bear that Office by three years next following, except in Sherifwicks inheritable.
XXXIII. No Under-Sheriff, Sheriffs Clerks, Receiver, or Sheriffs Bailiff, shall be Attorney in any of the Kings Courts, so long as he bears such Office under the Sheriff.
XXXIV. Stat. 4 H. 5.2. Sheriffs of England shall have allowance upon their accompts (by their oaths) of things casual, as of estreats that be not in farm or demand, but for all things that run in yearly farms or demands, they shall be charged to the King, as in times past.
XXXV. Stat. 23 H. 6.8. The Statute of 14 E. 3.7. 42 E. 3.9. and 1 R. 2.11. shall be duly observed, except by Officers in London, and where any hath freehold or inheritance in the Sheriffs Office.
XXXVI. No Sheriff, or any of his under-officers (except before excepted) shall act contrary to the said Statutes, in pain to forfeit yearly 200 l. and every pardon granted them in that behalf, or for the said forfeiture, and every Patent made for that purpose shall be void, notwithstanding the clause or word of non ob [...]tante, be inserted in any of them: And whosoever shall hereafter act by any such Patents, shall be for ever after disabled to bear the Office of Sheriff in England.
XXXVII. The forfeiture abovesaid, is to be divided betwixt the King and the prosecutor.
☞XXVVIII. Stat. 23 H. 6.10. No Sheriff shall let to farm his County or Bailiwick; neither shall he, his Under-Sheriff, or any other Bailiff, return upon Enquest any Bailiff, Coroner, Steward, or any servant of theirs, neither shall they take any thing for arresting, or for omitting to arrest, save only the fees that follow, viz. for the Sheriff 20 d. for the Bailiff that makes the Arrest, 4 d. and for the Goaler (when the party is committed) 4 d. Neither shall any Sheriff, Under-Sheriff, Sheriffs Clerk, Steward or Bailiff of Franchise, servant, Bailiff or Coroner, take above 4 d. for the copy of a Pannel.
XXXIX. Sheriffs and other Officers shall let to [...]bail persons by them arrested, upon reasonable sureties, having sufficient within the [Page 516]County (persons in Ward by condemnation, exemption, Capias utlagatum, or excommunicatum, surety of Peace, or committed by command of the Justices, and Vagabonds, refusing to serve, only excepted).
XL. The said Officers shall take no bond of any Arrested person, but for appearance, and to themselves only, and shall not take for it more then 4 d. and Bonds otherwise taken (colore officii) shall be void.
XLI. Sheriffs shall make Deputies in the Kings Courts at Westminster, to receive Writs to be delivered unto him.
XLII. Sheriffs, Under-Sheriffs, Clerks, Bailiffs, Goalers, Coroners, Stewards, Bailiffs of Franchises, and all other Officers which do contrary to this Act, shall forfeit for every such offence, treble damages to the party grieved, and besides 40 l. to be divided betwixt the King and the prosecutor.
XLIII. Justices of Assize, of both the Benches, and of Peace, have power to hear and determime such offences.
XLIV. If the Sheriff return a Cepi Corpus, or Reddidit se, he shall be chargable to have the body of the party ready at that day of the return mentioned in the Writ.
XLV. The Warden of the Fleet, or of the Goal of the Kings Palace at Westminster, shall not be prejudiced by this Ordinance.
XLVI. Stat. 1 E. 4.2. Sheriffs shall deliver all indictments and presentments taken in their turns, unto the Justices of Peace at their next Sessions, in pain of 40 l. who shall arreign, deliver, make Process, and proceed thereupon, as if they were taken before them, and shall deliver indented estreats of the fines to the Sheriff, to be levied to his own use: And here, if the Sheriff levy any fine, or commit any to prison, by colour of any such indictment or presentment, or otherwise then by Warrant from the Justices, as aforesaid, shall forfeit 100 l. Howbeit, Sheriffs of London shall not be restrained by this Act, nor such as have had fines formerly granted unto them.
XLVII. Stat. 12. E. 4.1. If a Sheriff execute or return any Writ, Precept, or Warrant, into any of the Kings Courts in Michaelmas-Term, after the sixth day of November, (being commonly the day of the date of their Patent) and before any Writ of Discharge is delivered unto him, he shall not thereby incur the penalty of 200 l. ordained by the Statute of 23 H. 6.8. Albeit he doth execute his Office after the returns of Crastino Martini, Octabis Martini, & Quindena Martini, after his year is out.
XLVIII. Stat. 17. E. 4.6. Every old Sheriff may execute [Page 417]his Office, during Michaelmas and Hillary Terms, if he have not before a Writ of discharge, without danger of incurring any forfeiture or pain in respect thereof.
☞ XLIX. Stat. 11. H. 7.15. No Sheriff, Under-sheriff, or Sheriffs Clerks, shall enter into the County-Court any plaint in the absence of the Plaintiff, or his Atturney, nor have above one plaint for one Cause, in pain of 40 s. to be divided betwixt the King and the prosecutor.
L. A Justice of Peace, upon complaint made, hath power to examine the abovesaid Officers and Plaintiff, concerning the premises, and finding any of the same Officers guilty, shall within three months after, certifie that examination into the Exchequer, in pain of 40 s. upon which examination, the said Officers shall be convicted to pay the abovesaid forfeiture of 40 s. without further enquirie.
LI. The Defendant in the County-Court, shall have lawful summons, and if the Bailiff be therein found faulty, he shall forfeit 40 s. And here also examination and Certificate shall be made by a Justice of Peace, as aforesaid.
LII. Before the Sheriff issue forth any Estreats out of the County-Court, two Justices of Peace (1. Qu.) shall view them, and there being two parts of them indented and sealed by the said Justices and Sheriff, one of them shall remain with the Justices, and the other with the Sheriff; and here the Officer that collects them shall make oath before the said Justices, to levy no more then what is contained in them, in pain of 4 [...] s. who may be convict of that offence by the examination of one Justice of Peace, as aforesaid.
LIII. The Justices of Peace, which are to have the controlment of the Sheriff and his Estreats, shall be named at Michaelmas Sessions by the Custos Ro [...]ulorum, or (in his absence, by the eldest of the Quorum. And the said Justices of Peace, upon information of the party grieved, may make out like process against the offenders, as in Actions of Trespass.
LIV. Stat. 6. H. 8.18. The Under-Sheriff and all other Officers of Sheriffs, may continue, and execute their Offices within the County of the Town of Bristol, from year to year, in such sort as the like do in London, without any forfeiture, notwithstanding the Statutes of 42 E. 3.9. and 23 H. 6.8.
LV. Stat. 35 H. 8.16. Every Sheriff, (his Under-Sheriff or Deputy) shall at his day of prefixion in the Exchequer, immediately after he is sworn to accompt, make also oath to deliver into that Court, Schedules conteining the particular sums of money, [Page 518]which he hath levied, or might have levied (and as near as may be, what persons or lands ought to be charged therewith) and after such Schedules delivered, cast, and rated, that Court shall have power to make him allowance of so much money, as the Farms wherewith he is charged amount to, more then the said particulars: And for such parcels as they so amount to more, the Court shall issue out process for the recovery thereof for the Kings use.
LVI. Concerning sums respected to the Sheriffs upon their Petitions, they shall from henceforth (upon their oaths) be discharged thereof, and process shall issue out against the Debtors.
LVII. Sheriffs (upon their accompts) shall have allowance for executing the Kings Writs and Summons, levying of Estreats coming to the Exchequer to make the profers and view of their accompts, and for expences at the Assizes, Goal-deliveries, Oyers and Terminers, and the like; so as the totall to all such allowances to all Sheriffs, exceed not 342 l. 6 s. 8 d.
LVIII. Stat. 2, 3. E. 6.4. The said Act of 34 H. 8.16. shall be clearly void to all intents and purposes, other then such as are hereafter in this Act specified.
LIX. All Sheriffs shall have such Tallyes of reward and other allowances, as they had before the making of the Statute of 34 H. 8. 16. or also to be at their Election to accompt, and all other things to do according to the said former Act: And every Sheriff that so shall accompt, and take no Tally of reward, shall be intreated in the Exchequer in all things, as if the said former Act were in force.
LX. Tallyes of reward (without any warrant) shall be striken, as they were before the making of the said Act, and shall be delivered to the Sheriff or his Atturney, without any further charge.
LXI. Sheriffs of Counties where no Tallyes of reward have used to be striker, shall be allowed their expences upon Petition, with a Bill thereof thereunto annexed, being verified by the oath of the Sheriff, his Under-sheriff, or Atturney.
LXII. Sheriffs, who take no Tallyes of reward, shall be discharged (upon their accompts) of all such Farms, goods, chattels, profits, casualties, and sums of money, as they cannot levy or come by: And all other Sheriffs, who take Tallyes of reward, shall also be discharged of all such profits and sums, as aforesaid, except also of Vicountiels, wherewith they shall be chargeable, as they were before the making of the said former Act.
LXIII. Sheriffs also shall have allowance (in their accompts) of all such sums of mony, as they shall make true Petition of, for such possessions as are come to the Kings hands, by unity of possession or [Page 519]otherwise, out of which any part of such Vicentiels were leviable.
LXIV. Provided, that every Sheriff (his Under-sheriff or Deputy, shall at his day of prefixion in the Exchequer, immediately after he is sworn to accompt, make also oath to deliver into that Court, Schedules containing the particular sums of money, which he hath levied, or might have levied, and (as near as may be) what persons or lands ought to be charged therewith: And after such Schedules delivered, cast and rated, that Court hath power to make him allowance of so much money, as his charges amount to more then the said particulars: And for such parcels as they so amount to, the Court shall issue out process, or take some other fit course for the recovery thereof to the Kings use. And if they imploy any Commissioners to enquire after the same, they shall allow them their reasonable costs and charges at their discretions.
LXV. Stat. 2, 3. E. 6.34. Sheriffs of Northumberland shall enter into Recog [...]ance to be accomptable for their office, as other Sheriffs do, in pain of 100 l. Howbeit, they shall not be chargeable but onely for their own year.
LXVI. Stat. 1. M. Par. 1. Sess. 2. Cap. 8. No Sheriff shall be Justice of Peace during his Shrievalty, notwithstanding the Statute of 1 E. 6.7. (which see in discontinuance of Pro [...]ss) and all acts then done by him, as Justice of Peace shall be void.
LXVII. Stat. 8. El. 16. Whereas there hath been heretofore but one Sheriff chosen for each two of the Counties of Surrey and Sussex, Essex and Hertfort, Somerset and Dors [...]t, Warwick, and Leicester, Nottingham and Derby, Oxon and Berks, hereafter there shall be one Sheriff chosen for each of the said Counties, who shall be accomptable and used in the order of his accompt, and all other things and allowances in the Exchequer, and in all other Courts and places, as is used for Sheriffs in like places; And the profers of the said Counties shall be forthwith severed by this said Court, and the Officer thereof; And also the Tallyes of reward divided accordingly.
LXVIII. The Barons of the Exchequer calling to them the Officers of the Treasurers remembrance, shall order the speedy payment of such Creation-money, fees, annuities, and other sums of money, as ought to be paid by the said Sheriffs.
LXIX. Provided, that the said Sheriffs shall pay for sees but the one half of what was formerly paid by them, when they were Sheriffs of two Counties.
[Page 520]LXX. Stat. 13. El. 22. The Statute of 8. El. 16. is made perpetual, except for the Counties of Surrey and Sussex.
LXXI. Stat. 27. El. 7. No Sheriff, Coroner, or other person, having return of Writs, shall return any Juror dwelling out of a Liberty without the true addition of the place of his abode at the time of such return, or within a year before, or some other addition, by which the party returned may be known, nor any Juror within a Liberty, with other addition then shall be given him by the Bailiff thereof, and his Deputy under his or their hand.
LXXII. No Bailiff of a Liberty or his Deputy, shall return any Juror, or deliver to the Sheriff or his Deputy, the names of any to be returned upon any Pannel or Jurie without their true addition under his or their hand, of their abode, at the time of such return, and within one year before or some other addition, whereby the party may be known: Neither shall any issues go forth against any person otherwise returned in the Original Pannel or Tales.
LXXIII. No Sheriff, Bailiff, or other, shall [...]ie any Issues so estreated of any other person, then of such as by the estreat ought of right to be charged therewith, in pain that every Clerk who shall write or deliver, or procure such estreat to be delivered or put in ure, and every other person offending, contrary to the meaning of this Act, shall forfeit 5 Marks to the Queen, and as much to the party grieved, to be recovered by Action of debt, &c.
LXXIV. Justices of Oyer and Terminer, Assize and Peace, have power to hear and determine the offences aforesaid, and to issue forth Process for the levying of the said forfeitures.
☞LXXV. Stat. 27. El. 12. Every Under-Sheriff, before he intermeddles with his Office, shall before one of the Justices of Assize, or the Custos Rotulo [...]um of the County, or two Justices of the Peace there (1. Qu.) take the oath of Supremacy (which see in Crown) and also the Oath hereafter written, in pain to forfeit treble damages to the party grieved, if he commit any Act contrary to the said Oaths, or either of them.
LXXVI. The Form of the other Oath is as followeth:
LXXVII. J. A. B. shall not use, nor exercise the Office of Under-Sheriff corruptly, during the time that I shall remain therein, neither shall or will, accept, receiv [...], or take by any colour, means, or device whatsoever, or consent to the taking of any manner of see or reward, of any person or persons for the empannelling, or return of any Eaquest, Jury or Tales, in any Court of Record for the King, or betwixt party and party above two shillings, or the value thereof, and such fees as are allowed and appointed for the same, by the Laws and Statutes of this Realm: But will, according [Page 521]to my power, truly and indifferently with convenient speed, impannel all Jurors, and return all such Writ or Writs touching the same, as shall apportain to be done by my duty or office, during the time that I shall remain in the said Office. So help me God.
LXXVIII. No Bailiff of Franchise, Deputy or Clerk of a Sheriff or Under-Sheriff, shall intermeddle with their several Offices, before they have taken the said Oaths, as aforesaid, (altering onely the termes of the Office, in pain to forfeit 40 l. to be divided betwixt the King and the prosecutor.
LXXIX. Justices of Assize, and Justices of Peace in Sessions, have power to hear and determine the defaults and offences aforesaid, and upon conviction to award process accordingly.
☞LXXX. Stat. 29. El. 4. No Sheriff, Under-Sheriff, Bailiff of a Liberty, or any of their Deputies, shall either directly or indirectly, take more for serving an Extent or Execution, then after 12 d. for every pound under 100 l. and 6 d. for every pound above 100 l. in pain to forfeit treble damages to the party grieved; and besides 40 l. betwixt the Queen and the prosecutor.
LXXXI. This Act shall not extend to fees of Executions within Cities or Corporations.
LXXXII. Stat. 43. El. 6. If any Sheriff, or other, taking upon him to break Writs, do make any warrant for summons, or upon any Writ, Process or suit, or for any arrest or attachment of body or goods, against any person, to appear in any of the Queens Courts, (not having the Original Writ or Process warranting the same) upon complaint thereof to the Justices of Assize of the County where the offence was committed, or the Judges of the Court, out of which the Process issued, the party so offending, and all procurers thereof shall be sent for before the same Justices or Judges by attachments or otherwise, and shall be examined upon their oaths concerning the same.
LXXXIII. If the offence shall be confessed, or proved by sufficient Witnesses, the said Justices or Judges, shall forthwith commit the offender to the Goal of the County or Court where he shall be examined, from whence he shall not be enlarged until he have paid the party grieved 10 l. and all his Costs and Damages, to be assessed by the same Justices or Judges, and likewise 20 l to the Queen.
LXXXIV. Stat. 21. Iac. 5. A Quietus est shall be a sufficient discharge for a Sheriff, unless he be questioned within four years after the grant thereof.
[Page 522]LXXXV. Every Officer or Minister, that shall send out, or cause to be sent out, any Writ or Process, or by whose default any Writ or Process shall be sent out contrary to this Act, shall for every such offence forfeit and pay to the party grieved, 40 l. and his costs and damages, to be recovered by Action of debt, &c.
LXXXVI. Stat. 14. Ca. 2. Ca. 21. The unnecessary charges, and tedious attendance in passing the accompts of Sheriffs, being very burthensome, it is Enacted, that Sheriffs shall not keep Tables for receipt of any other then their own Family or Retinue, nor shall send any Presents, to any Judge of Assize, nor give any gratuity to any Officer, nor have more then 40 Men-servants, nor under 20 in any County in England, nor under 12 in Wales, upon forfeiture of 200 l. for every default. Proviso, this clause not to extend to the Sheriffs of Middlesex and London, nor Westmerland, nor any Sheriff of a City and County, or Town and County.
LXXXVII. Sheriffs within England shall not be charged to answer any illeviable seisure, Farm, Rent, Debt, or other thing whatsoever, which was not writ in process to them to be levyed, and the persons, Lands and Tenements, of which the same is levyable, particularly expressed, but shall be discharged without Petition, Plea, or other trouble, or charge whatsoever.
LXXXVIII. All seisures made before 1 Jac. R. 1. and yet remaining upon the Sheriffs accompts, and all seizures and debts, pardoned, are discharged, and to be left out of their Accompts; and no process to issue for levying the same, nor any other Rent or Farm, not particularly set forth, or which hath been unanswered for 40 years past: And all other dead Farms and seisures, and all desperate, illeviable and unintelligible debts shall be removed out of the annual Roll and Sheriffs charge into the exannual Roll, there to remain until revived and made answerable by Commission.
LXXXIX. The several remembrancers shall enrolle and certifie the Ingroser of the great Roll, all debts chargeable upon Sheriff, by their Returns into the Exchequer, upon Writs of fieri fac. levari fac: Capias, and other process, and all Fines and Amercements upon Sheriffs already set before the first of Febr. 1662. And all Debts, Fines and Amercements hereafter set before the first day of the next Terme, after return of such Fines and Amercements set, that so they may be charged and comprehended within the Quietus est, upon pain of 40 l. upon the Officer for every default, the one moyety to the King, the other to the party grieved. And none shall be Sheriff, except he have Lands in the same County, sufficient to answer the King and his people.
[Page 523]LXXXX. Every Sheriff having obtained a Quietus est, (as by the Act 21. Iac. Ca. 5. he might) the Sheriff, his Heirs, Executors, Land and Tenements, shall be clearly discharged of all accompts and debts whatsoever, unless he be prosecuted, and Judgement given within 4 years after the same, and every Officer, by whose default any process shall be sent contrary to this Act, shall incur the same penalty as aforesaid. Provided, this Act not to extend to the Counties of Chester, Lancaster, Durham, or the Counties of Wales, being Counties Palatines, as to the manner of their accompting, who are to accompt before the respective Auditors, as formerly.
- 2. Not to extend to enjoyn the Remembrancers to tran [...]tribe to the Engroser of the great Roll, any Inquisitions, or seisures, but such as have been formerly charged in the forraign accompts of Sheriffs. But Inquisitions upon attainders, and other forfeitures, to be put in charge as formerly.
- 3. Nor to exclude his Majesties Remembrancer, from writing forth process for his Majesties Debts, Duties, Outlawries, or other charge, or process of levari fac. at any persons suit, to levy Issues of Lands seised, or venditioni exponas, for goods for any debt to the King, or upon Outlary, or to alter any pleading touching the same.
- 4. That no Debt, Duty, Fine, Amercement, or seisure charged in the great Roll of the Pipe, by any Record in the Office of the Kings Remembrancer, nor any proceeding thereupon, be stayed compounded, or discharged, but by order or Judgment entred in the said Office of the Kings Remembrancer, where the original of such debt or charge remaineth.
- 5. If any the debts, seisures, fines, or other be not levyed or payd upon process of summons of the Pipe, the Clerk of the Pipe shall the next Terme after return of such process, certifie the Office of the Kings Remembrancer, who shall issue process for levying the same.
- 6. Antient and lawful fees belonging to the Office of the Kings Remembrancer, not abridged by this Act.
- The Act to continue to the end of the first Session of the next Parliament, and no longer.

[Page 524]

Ships.

I. Stat. 38 E. 3.8. No owner of a Ship, shall forfeit the same for any small thing put thereinto (without his knowledg) not customed for.
II. Stat. 5 R. 2.3. None of the Kings Subjects shall export or import any Merchandize, but only in Ships of the Kings allegiance, in pain to forfeit all Merchandise otherwise conveyed, or the value thereof, whereof the finder shall have a third part of the Kings gift.
III. Stat. 6 R. 2.8. The Statute of 5 R. 2.3. shall onely have place, where able and sufficient Ships of the Kings allegiance may be found, otherwise the Merchants may hire other Ships, the said Statute notwithstanding.
IV. Stat. 14 R. 2.6. English Merchants shall fraight (within the Realm) in English Ships, and not in ships of strangers, so as the owners of such English ships take reasonably for their fraights.
V. Stat. 4 H. 4.20. Pars ind [...]. All Merchandize imported and exported, shall be charged and discharged in great Sea-Ports; and not in creeks and small arrivalls, in pain to forfeit to the King all Merchandize otherwise charged or discharged, except any Vessell shall be driven into such small Creek by tempest.
VI. Stat. 15 H. 6.8. None shall ship any Wooll, woolfels, or other Merchandize pertaining to the Staple, but only at the Keys and Ports, assigned by the Statute where the Kings Weights and Woolls are set.
VII. Every Master of a Vessel, wherein such Merchandize is shipped, shall give good security to the Customers there, to transport the same to the Staple at C [...]lats, and to bring a certificate thereof from thence, saving to all Merchants of Jean [...], Venice, Tuscany, Lombardy, [...]lorence, and Catal [...]i [...], and to the Burgesses of Barwick, their liberty formerly granted by Statute.
VIII. Stat. 4 H. 7.10. No Gascoign or Guien-wine, or Tholonse-woad, shall be imported into this Realm, but in English-vessels, in pain to forfeit the same.
IX. None shall fraight in any strangers ship, any Merchandize, to be imported or exported into, or out of this Realm, if he may have sufficient fraight in the same Port in a Denizers ship, in pain to forfeit all Merchandize otherwise shipped, to be divided betwixt the King and the seisor.
[Page 525]X. This Act shall not extend to any ship (having Merchandize) forced by tempest into any part within this Realm, so as the owner thereof make no sale of such Merchandize within this Realm, save only for necessary victual, or repairing of the ship and tackle.
XI. Stat. 32 H. 8.14. Gascoigne or Guian Wines, or Tholouse-Woad may be imported into this Realm, in any other ships, as well as English, notwithstanding the Statute of 4 H. 7.10.
XII. Stat. 1 El. 13. The Statute of 5 R. 2.3. and 4 H. 7.10. are made void.
XIII. If any owner of any Merchandize shall (in time of Peace) embarque or unload any part thereof (Mastraff, Pitch, Tar, and Corn only excepted) out of, or into any other then an English bottom, he shall pay custome for the Queen for the same, as an alien.
XIV. No English man shall cross the Sea with any Hoys or Plats, in pain to forfeit the same, to be divided betwixt the King and the prosecutor.
XV. Provided, that Merchants at their several shippings of cloth or [...]ooll out of the Thames (to be twice in the year at the most) may in [...]que Merchandize in a strangers ship, so long as there are not English ships enough, and convenient to convey such Merchandize [...] Flanders, Holland, Zealand, or Brabant, without paying any greater custome, than English men use to do: Also Bristoll men shall do the like, by reason of greater losses lately suffered by them.
XVI. Stat. 5 El. 5. Any Subject may export out of this Realm without paying custome for the same: But this Act was expired by the Queens death.
XVII. None shall set price, make restraint, or demand toll of any Sea-fish imported into this Realm by any of the Queens Subjects, in pain to forfeit the value of such fish so set price of, restrained or tolled.
XVIII. This Act shall not restrain the Inhabitants of Hull to take Toll and Custome, according as is limited by the Statute of 33 H. 8.33. (which see in Hull 1. Howbeit, they shall not take liberty thereby to transport Herring or salt-fish.
XIX. No Purveyor shall take any Sea-fish of any that shall take the same in any Subjects ship, in pain to forfeit the double value thereof: Howbeit, Composition fish (of people travelling into Ireland) due to the Queen and other persons, shall be paid as formerly.
XX. No Herring shall be bought of a stranger, or out of his bottome, being not sussicsently salted, pickled, and casked, in pain to [Page 526]forfeit the same, or the value thereof; except such Vessell be driven in by shipwrack.
XXI. No fish, victual, wares, or things shall be transported in a strangers bottom, from one Port to another within this Realm, in pain to forfeit the same, or the value thereof.
XXII. Hoys and Plats may cross the Seas, as far as Cane in Normandy, or Eastward, as far as Norway, notwithstanding the Statute of 1 El. 13.
XXIII. All Cod and Ling shall be brought into this Realm, loose, and not in barrel, in pain to forfeit the same, or the value thereof.
XXIV. No Wine of the growth of France, or any Woad of Tholouse, shall be imported into this Realm in any other vessell then English, in pain to forfeit the same, according to the Statute of 4 H. 7.10. Only into Wales, Rochel Wines may be otherwise imported.
XXV. Owners of Ships, and all others using the trade of the Sea-fishing or otherwise, and every Gunner and Ship-wright may take Apprentices, to be bound for ten years, or under, by Inden [...]re, to be inrolled in the same Corporation, if the Master dwell in [...]e; but if not, in the next.
XXVI. So much of the Statutes of 5, 6. E. 6.14. (which see in Forestallers) and of all other Statutes, as concerts the buying of Sea-fish unsalted, or mud-fish, or any wine, oil, or salt, to be brought in an English vessell to any Port within this Realm, shall be void.
XXVII. None shall eat flesh upon dayes usually observed as fish dayes, in pain of 3 l. or three months imprisonment without bail. And they that wittingly suffer any such offence to be done in their house, and do not discover it to an Officer, that may punish it, shall forfeit 40 s.
XXVIII. These forfeitures shall be divided into three parts, whereof the Queen shall have one, the poor of the Parish another, and the informer the third.
XXIX. Notwithstanding this Act, licenses may be granted upon just causes, on these conditions following, v z. To a Peer or his Lady, if he pay yearly for it to the poor of the Parish where he dwells, 26 s. 8 d. To a Knight or his Lady, if he pay 13 s. 4 d. and to any other inf [...]r [...]our person, if he pay 6 s. 8 d. But here no license shall extend to the eating of Beef at any time, or to the eating of Veal betwixt Michaelmas and May-day.
XXX. The Minister of the Parish may grant a license to a sick person, during the time of his sickness, and if the sickness continue [Page 527]above eight dayes, he shall in the presence of one of the Churchwardens, register the same, and have 4 d. for the registring of it: But here, if he grant the license without just cause, he shall forfeit 5. Marks.
XXXI. Wines shall be sold (by retail) at such prizes, as shall be limited by the Queens Proclamation, with the assent of such Lords and others, as by the Statute of 18 H. 8.14. (which see in Wines) are authorized to set price on Wines in gross.
XXXII. The Statute of 28 H. 6.19. (which see in Captains) ordained against souldiers, shall extend to Mariners and Gunners.
XXXIII. These offences shall be heard and determined, as followeth, viz. being committed upon the main Sea, without the limits of the Cinque Ports, by the Lord Admiral, his Lievtenant, or Deputies, or by Justices of Oyer and Terminer, according to the Statute of 28 H. 8.15. (which see in Tryal) but if without any Port, and yet within the Jurisdiction of any of the Cinque Ports, then by the Lord Warden of the Cinque Ports, or his substitute, or by Justices of Oyer and Terminer, according to the Statute of 28 H. 8. O [...]f in a Port, or elswhere, upon the main land, then the Justices of Peace, or other chief Officers in Sessions, within their several Jurisdictions: And here the tryal may be by the oaths of twelve men, or otherwise by information; And for levying the said forfeitures, the said Officers and Justices may issue out Process at their discretion.
XXXIV. The time limited for the prosecution of this Action is, for a Subject six months, and for the Queen a whole year.
XXXV. Every such person licensed to eat flesh, as aforesaid, (except for sickness, age, or other impediment) shall have at his Table, for every dish of flesh, one dish of fish, upon like pain, as for eating flesh upon Fishdayes.
XXXVI. If any shall by Preaching or otherwise, avouch, or notisy that any eating of flesh, or forbearing of flesh, is necessary for the saving of the soul, or the service of God, otherwise then as other politick Laws be, shall be punished as a spreader of false news; which see in News.
XXXVII. Fishermen or Mariners, shall not be compellable to serve as souldiers, otherwise then as Mariners, unless for some special exploit, or to withstand an Invasion, or subdue a Rebellion, or bound so to do by tenure, custome, or covenant.
XXXVIII. The Liberties and Rights of others are saved.
XXXIX. Provided, that no Fishermen using the Sea, shall be taken by the Queens Commission to serve as a Mariner at Sea, unless [Page 528]the said Commission be first brought by the Queens Taker to the two next Justices of Peace, to the end they may choose and return such sufficient number of able men, as in the same Commission shall be contained.
XL. The Liberties of the Cinque Ports, and great Yarmouth are saved, other then for buying of strangers, and taking of toll, as the same are before prohibited.
XLI. This act shall not prejudice the authority or jurisdiction of the Lord Warden of the Cinque Ports.
XLII. Wine may be imported into the Isle of Man and Chepstow in strangers bottoms, not exceeding an hundred Tunn in one year in each of them, notwithstanding this Act. The like may also be done in all other Ports of Wales (besides the Rochel-Wines before permitted) so as the quantity exceed not an hundred Tun in one year, as before.
XLIII. The Queens duties for the three hundred Tun (mentioned in the last clause) are saved.
XLIV. The [...]ord Admiral, or his substitutes, shall have no greater authority then they had before this Act, save only for punishment of offences, as aforesaid.
XLV. Stat. 8 El. 3. None shall transport Sheep beyond Sea, in pain to forfeit all his goods, to suffer one years imprisonment, and to have his hand cut off in some open Market; and for the second offence, to suffer death as a Felon.
XLVI. This Act shall not extend to corruption of bloud, or forfeiture of Dower.
XLVII. Justices of Goal-delivery and of Peace, have power to hear and determine this offence.
XLVIII. The aforesaid goods forfeited, shall be divided betwixt the Queen and the Prosecutor.
XLIX. Stat. 13 El. 11. So much of the Statute of 5 El. 5. as concerns the transporting of Herring and Sea-fish by the Subjects born, and for not paying of Custome for the same, shall be revived so as it be 'n vessels with cross sails.
L. No vessel (called Catch, Mongers, or Picard) shall upon the coasts of Norfolk and Suffolk, between the 14 of September, and the 14 of November, from Sun-setting, to Sun-rising, anchor upon the Main Sea, or in the trade of fishing, in pain to forfeit their vessel, or the value thereof, to be divided betwixt the Queen and the Corporation of Great Yarmouth, to be imployed towards the damages of the party grieved, and the repairing of the Haven there, and to be reco [...]ered by seisure, or otherwise by Bill, Action, &c.
[Page 529]LI. A barrel of 31 Gallons of Wine-measure (being about 28 Gallons by the old standard) which will contain usually 1000 full Herrings at least, shall be taken for the Assize of Herring-barrels.
LII. No forreign Fish shall be dryed in England to be sold, in pain to forfeit the same, or the value thereof, to the seisor and prosecutor.
LIII. Stat. 13 El. 15. So much of the Statute of 5 El. 5. as permits crossing the Seas with Hoyes and Plats, is repealed, and the Statutes of 1 El. 13. that prohibits them, is revived.
LIV. Stat. 35 El. 7. The abovesaid penalty of 3 l. (limited by the Statute of 5 El. 5. is mitigated to 20 s. and that of 40 s. to 13 s. 4 d.
LV. Stat. 39 El. 10. The Queens Subjects (being owners of Ships with cross-sails) may take into their Ships, any Fish, which any Alien shall buy of any Subject, and may transport the same beyond Sea in their said Ships, so as such aliens pay the custome due for the same.
LVI. All Aliens shall pay like custome for Salt Fish, and Herrings by them imported into this Realm, as a Subject of England pays there, from whence the said Fish or Herrings were brought, besides the Queens ordinary custome.
LVII. None shall offer to sell any unwholsome Fish (being warned thereof by the Officer) in pain to forfeit the same: And being an Alien, he shall forthwith export it, upon the like pain.
LVIII. Stat. 34 El. 9. No Ordinance made by the Fishmongers in London, or any other Corporation restraining any Coast-man, Fisherman, or other, from taking, bringing in, putting to sale, or buying of salt-fish, or Herrings (being wholsome) shall be put in execution, in pain of 100 l.
LIX. Stat. 1 Jac. 24. None shall make, or cause to be made any cloth for Ship-sails (called Mildernix, and Powl-davi) but such as now use the same Trade, or shall be hereafter trained therein by the space of seven years together, in pain to forfeit 20 s. a month.
LX. The said Clothes shall be made of good Hemp, and 33 yards long, and 3 quarters of a yard broad; And they shall no be put to sale before the stuff thereof be well beaten, scoured and breached, and the Cloth well driven with a brazen or iron shuttle, in pain to forfeit for every cloth otherwise made, 5 s.
LXI. The forfeitures aforesaid shall be divided betwixt the King and the prosccutor.
LXII. Stat. 12 Car. 2. cap. 14. The late proceedings touching [Page 530]assessing and levying an Imposition called Ship-money, declared and adjudged unlawful, and all Records and Process, Judgments, and Proceedings, and enrolments thereof cancelled, and made void.
LXIII. Stat. 12 Car. 2. cap. 18. No goods shall be imported or exported out of any the Kings Islands, Plantations, or Territories of Asia, Africa, or America, but in vessels belonging to the people of England, Ireland, Wales, or Town of Berwick upon Tweed, or are of them built, or belonging to the said Lands or Plantations, as owners thereof, and whereof the Master and three fourths of the Marriners at least, are English; upon pain of forfeiture of all the goods and Merchandize imported or exported out of the said places, and the ship or vessel, and all the Ammunition and Furniture thereof; one third part to the King, one third part to the Governour of such Island or place where the fault shall be committed, if seised by him, and if not, then the said third part to the King, Sand the other third part to him that will seize, inform, or sue for the same in any Court of Record. And all Admiralls and Commanders at Sea are required to seize the same as Prize-goods, and prosecute them to condemnation in the Admiralty, one moyety to the use of the said Commanders and their Companies, according to the Rules of Prizes at Sea; and the other moyety to the King.
LXIV. Aliens shall not exercise the occupation of Merchants or Factors in any the said places, upon pain of forfeiture of all the goods and chattels which be his, or in his possession. And all Governours of Plantations, before they enter upon their Offices, to take an Oath, to endeavour the observance of the said Clauses: and upon complaint, and proof before the King, of any wilfull negligence, to be removed from their Governments.
LXV. No goods or commodities whatsoever of the growth, production, or manufacture of Africa, Asia, or America, or any part thereof, as they are described in Maps of those places, shall be imported into England, Ireland, or Wales, Islands of Guernsey or Jersey, or Town of Berwick upon Twced, but in English ships in manner aforesaid; upon penalty of forfeiture of the ships, vessels, goods, and furniture thereof, one moyety to the King, the other moyety to him that will sue for the same in any Court of Record.
LXVI. No Goods and Merchandize of forreign growth, production, or manufacture, shall be brought into England, Ireland, Wales, Guernsey, or Jersey Islands, in English ships, but only from the places of their growth, production, or manufacture, or the Ports where they have been first usually shipped for transportation, upon pain of forfeiture of the ship, or vessels, goods and furniture thereof, one [Page 531]moyety to the King, the other to the informer, or seiser thereof.
LXVII. All Lings, Stock-fish, &c. Oyl, &c. Whale-fins, &c. Imported, not caught in vessels of the Owners thereof, shall pay double Aliens Customs.
LXVIII. No goods to be laded or carryed from any Port of England, Ireland, Wales, Islands of Guernsey, or Jewsey, or Berwick, to another, in the vessel of any Alien, not denizoned, upon forfeiture of the vessels, goods, and tacklings, one moyety to the King, the other moyety to him that shall inform, seize, or sue for the same in any Court of Record.
LXIX. Eases and abatements in the book of rates, to extend only where three fourth parts of the Marriners be English, during the whole Voyage.
LXX. Goods of the growth or manufacture of Muscovy or Russia, nor no sorts of Masts, tymber, boards, &c. shall be imported but in such vessels as belong to the people thereof, or some of them, as true owners thereof, whereof the Master, and three fourths of the Marriners English; nor no goods of the Ottoman or Turkish Emperours dominions imported, but only in Vessels of that Countrey, of which the said goods are of the growth or manufacture, or where such goods can be only, or are most usually shipped for transportation, and where of the Master, and three fourths of the Marriners are of the said Countrey, upon pain of forfeiture as aforesaid.
LXXI. For preventing frauds in concealing Aliens goods, all Wines of the growth of France, or Germany, imported into any the Ports or places of England and Ireland, Wales and Berwick, in any other Ship or Vessel, than belonging to the places of France, &c. and manned as aforesaid, shall be adjudged aliens goods, and pay Custonis and Duty to the Town or Port where they shall be imported. And all Masts, Timber-boards, &c. of the growth of Spain, Canary Islands, Portugal, Madera, Western Islands, Muscovy or Russia, imported in any other Ships, than of the said places; And all Turky Commodities, otherwise imported than as aforesaid, shall pay Customes as Aliens goods.
LXXII. Officers of the Custome may not allow any the Priviledges aforesaid to foreign built ships, nor English built ships for forein goods, without certificate and proof by oath taken before them, and examination whether the Master and 3 fourths of the Mariners be English, or of the Countrey from whence the goods come, upon pain to forfeit their places.
LXXIII. Proviso, to exempt coming from the Straights or Levant, [Page 532]though not of the very growth of the said places.
LXXIII. Proviso, Not to restrain the importing any East-India Commodities in English-built shipping, manned with Mariners as aforesaid, from usual places in those Seas, to the Southward, though not of the said growth.
LXXIV. Proviso, That the People of England, Ireland, Wales, Guernsey and Jersey Islands, and Berwick, may bring (in English Ships manned as aforesaid) from any Ports of Spain or Portugol, or Western Islands called Azores, or Madera, or Canary Islands, all sorts of Commodities of their growth, manufacture or Plantations.
LXXV. Proviso, Not to extend to Bullion or Goods taken by reprisal, by any Ship of England, Ireland, Wales, Guernsey, Jersey Islands, or Berwick, Navigated as aforesaid, and having Commission from the King.
LXXVI. Proviso, Not to extend to lay Aliens duties upon Corn and certain other goods of Scotland imported in Scotch Ships, Navigated by 3 fourths of the Kings Subjects, nor to Seal Oyls of Kussia.
LXXVII. Proviso, Imposing duties upon certain French Ships, to continue so long as a certain duty of 50 Soulz per Tun upon English by the French shall be payable, and 3 months after, and no longer.
LXXVIII. Sugars, Tobacco, Cotton Wooll, Indico, Ginger, Fustick, or other dying Wood, of the production of America, Asia, or Africa, shall not be shipt or conveyed from any the said Plantations, but such other as belong to the King, or to England Ireland, or Wales, and there laid on shore, upon pain of forfeiture, one moity to the King, the other moity to the Informer.
LXXIX. Ships of England, Ireland, or VVales, sailing to any English Plantation in America, Asia, or Africa, shall give sufficient sureties, to bring goods there laded into England, Ireland, VVales, or Berwick upon Twe [...]d: And likewise Ships coming from other Plantations, shall give the like Sureties, and shall bring Certificates to the respective Governors of the said Plantations, from the Officers of the Custome-House of England, &c. of their having given su [...]h Bonds, upon pain of forfeiture of the Ships offending, their Goods, Tacklings, &c. And the said respective Governors to return the Bonds so taken, twice every year, to the chief Officers of the Custome-House of London.
LXXX. Stat. 13 Car. 2. cap. 9. Articles to be observed for the Publique Worship of God, punishing certain offences, and for the regulating and better governing of the Kings Navies, Ships of War, and Forces by Sea: And impowring the Lord Admiral to grant Commissions to call Court-Marshals.
[Page 533]LXXXI. All faults, misdemeanors and disorders committed a [...] Sea, not mentioned in the Act to be punished according to the Laws and Customs in such cases used at Sea.
LXXXII. Proviso, Not to extend to give the Lord Admiral of England, or other his Officers, any other Power, Jurisdiction, or Authority, then they ought to have before this Act, other then touching the said offences mentioned in the said Articles, done upon the main Sea, or in Ships or Vessels in the main stream of great Rivers, only beneath the Bridges nigh the Sea, within the Jurisdiction of the Admiralty, and committed only by such persons as be in actual service and pay in the Kings Fleet, or Ships at Sea.
LXXXIII. Stat. 16 Car. 2. cap. 7. An Act to prevent the disturbance of Seamen and others, and to preserve the Stores belonging to his Majesties Navy Royal. Vid. the Act being but upon continuance for two years, from the First of June 1664. And from thence to the end of the next Session of Parliament.
LXXXIV. Stat. 16 Car. 2. cap. 8. An Act to prevent the delivering up of Merchants ships to Pyrats and Sea-Rovers, having sufficient to defend themselves. Vid, the Act being but upon Continuance for 3 years, and from thence to the end of the next Session of Parliament, and no longer.

Silk.

* I. Stat. 19 H. 7.21. None shall bring, or cause to be brought into England, any Silk wrought (by it self, or with other stuff) out of England, in Riband, Laces, Girdles, Corses, Calles, Corses or Tissues, or Points, in pain to forfeit the same, or the value thereof, to be divided betwixt the King and the seisor, or prosecutor: But all other Silk (both wrought and raw) may be imported and sold at pleasure.
II. Stat. 14 Car. 2. cap. 15. An Act incotporating and for regulating, ordering, and managing the Trade and Mystery of Silkthrowing. See the Act.

Southampton.

I. Stat. 11 H. 7.5. Every man may pull down the Wears and Engines in the Haven of Southampton, between Calshord and Rebridge; And whosoever levieth any other there, shall pay 100 l. to the King.
[Page 534]II. Stat. 14 H. 8.13. A confirmation of 11 H. 7.5. and the same made perpetual.
III. Stat. 4 Jac. 10. An Act was made for the confirmation of some part of a Charter granted by H. 6. to the Mayor, Bailiffs, and Burgesses of Southampton, and for the relief of the Town. See the Statute at large.

Spice.

I. Stat. 1. 19 Jac. 19. All Spice, Drugs, and other Merchandize Garbleable, shall (for the fees usually allowed) be sufficiently cleansed and Garbled, and afterwards sealed by the Garbler (thereto appointed) or his Deputy, before they be sold, in pain to forfeit them, or the value thereof: Also such as (after Garbling) shall be again mixed with Garble, shall likewise be forfeit.
II. It shall be lawful for the said Garbler, to search in Shops, Cellars, Ware-houses, and other places, for wares ungarbled, and if he find any such, to cause them to be Garbled.
III. The forfeitures of this Act, are to be divided betwixt the King and the prosecutor.
IV. Spices, or other Garbleable Merchandize imported, and afterwards within eight months exported without being sold, or Garbled, shall not be within the danger of this Act.

Spiritual Laws.

I. Stat. 13 El. 12. Every Spiritual person (under the degree of a Bishop) pretending to be a Priest or Minister of the Word, by any other form of Institution or Consecration, then that established by E. 6. or now used, shall before Christmas next (in the presence of the Bishop, or Guardian of the Spiritualties of the Diocess where he hath his Benefice) declare his assent, and subscribe to the Articles of Religion, (put forth by the Queens Authority) and shall bring from such Bishop (or Guardian) under his seal, a Testimonial thereof, and publikely (on some Sunday at Evening-prayer) where his Benefice is, read the said Testimonial and Articles, in pain to be, ipso facto, deprived of all his Spiritual Promotions, as if he were dead.
II. If any Ecclesiastical person (having a Benefice) shall maintain any Doctrine repugnant to the said Articles, and being therefore convented before the Bishop, Ordinary, or High Commission, [Page 535]shall persist therein, or after revocation thereof, shall affirm the same again, it shall be lawful for such Bishop, Ordinary, or High Commission to deprive him.
III. None shall be admitted to a Benefice with Cure, unless he be a Deacon, and of the age of 23 years, and shall subscribe the said Articles in the presence of the Ordinary, and publikely read them in the Church of his Benefice, and declare his assent thereunto.
IV. Every person hereafter to be admitted to a Benefice with Cure, shall within two months after his Induction, publikely read the said Articles in the Church whereof he hath the Cure, in Common-prayer-time, with declaration of his assent thereunto, and be admitted to administer the Sacraments within one year after his said Induction, (if he be not admitted before) in pain upon every such default, to be deprived ipso facto.
V. None shall be made Minister, or admitted to preach, or administer the Sacraments, under the age of 24 years, nor unless he first bring to the Bishop (from four known to the Bishop to be of sound Religion) a Testimonial of his life and Doctrine expressed in the said Articles, and be able to render an account of his Faith in Latine, according to the said Articles, or have special gift or ability to be a Preacher: Neither shall any be admitted to be a Deacon or Minister, unless he first subscribe the said Articles.
VI. None shall be admitted to a Benefice with Cure af 30 l. per annum, in the Queens books, unless he be a Batchelor of Divinity, or a Preacher, lawfully allowed by some Bishop, or one of the Universities.
VII. All Admissions, Institutions, Inductions to Benefices, and all tolerations, dispensations, qualifications, and licenses whatsoever to the contrary hereof, shall be void in Law.
VIII. Provided, That no title to confer or present by lapse, shall accrue upon any deprivation, ipso sacto but after six months after notice of such deprivation given by the Ordinary to the Patron.

Spiritualty.

I. Stat. 4 H. 4.2. Pars inde, The Statutes made in the 25 of E. 3. touching the Clergy of England, shall be put in execution.
II. Stat. 4 H. 4.3. All Statutes, Ordinances, and Grants made by the Kings Progenitors (Kings of England) to the Clergy of England, for the conversion of their Liberties, and Priviledges, and of the [Page 536]Liberties and Muniments of Holy Church, (not revoked) shall be firmly observed and put in due execution.

Stanes.

I. Stat. 1 H. 8.9. An Act concerning the maintaining of the Bridge and Causey of Stanes, and for the gathering of the toll there, and the Letters Patents made of the toll there, shall be void. See the Statute at large.

Staple.

I. Stat. 2 E. 3.9. All Staples shall cease, and all Merchants may come in and go out with their Merchandize at their pleasure, according to the great Charter.
II. The Statute of the Staple, Cap. 1. 27 E. 3. The Staple of English Wooll, Leathers, Woolfels, and Lead shall be holden for England at Newcastle upon Tine, York, Lincoln, Norwich, Westminster, Canterbury, Chichester, Winchester, Excester, and Bristol: For Wales, at Carmardin: And for Ireland, at Dublin, Waterford, Cork and Drogheda, and not elsewhere.
III. When the said Merchandize is to be exported, they shall be first brought to the said Staples to be Weighed by the standard; and every sack and sarplet of wooll so weighed, shall be sealed under the seal of the Mayor of the Staple.
IV. The wools so weighed and sealed at York, Lincoln, Norwich, Westmiaster, Canterbury, and Winchoster; and also Leather, Woolfels, and Lead, which shall be brought thither (the customes of the Staple being paid) shall be witnessed by Bill under the seal of the Mayor of the Staple, and shall be from thence conveyed to the Ports following, viz. from York to Hull, from Lincoln to Saint Bottolf (alias Boston) from Norwich to great Yarmouth, from Westminster to London, from Canterbury to Sandwich, and from Winchester to Southhampton: And there the Woolls and Lead shall be again weighed by the Customers assigned in the same Ports. But the Woolls and Lead brought to Newcastle, Chichester, Exeter, Bristol, Carmerdin, Dublin, Waterford, Cork, and Drogheda, shall be once weighed by the Standard in those several Ports in the presence of the Customers there.
V. An Indenture shall be made at the said Ports betwixt the Mayor of the Staple and the Customers there of all Wools, Lead, Lea her, and Woolfels brought thither; And they also shall be there customed and cocketed, and the custom thereof duly paid, which shall be for Denizens, half a Mark for a sack of wooll, and as much [Page 537]for 300 woolfels, and a Mark for a last of Leather; but for Aliens, 10 s. for a sack of Wool, 10 s. for a 1000 woolfels; and 20 s. for a last of Leather: and 3 d. for every Sow of Lead.
VI. The said Merchandize shall be transported beyond Sea from the said Ports by Merchant-strangers, and not by English, Welsh, or Irish.
VIII. Neither the Mayor nor Customers shall delay any man for gain, nor take any more than appertaineth to their Offices, in pain of imprisonment, and to answer the party double of what is so taken, together with his damages occasioned by such taking or delay; and besides, shall be ransomed at the Kings will.
VIII. The Mayor of the Staple and the Customers, shall take an oath of all Merchants, that so transport the said Merchandize, that they shall hold no Staple thereof beyond Sea.
IX. Statutum Stapul. cap. 4. None going to, or coming from the Staple, shall be disturbed by the Purveyors of the King, or any other; saving [...]o the King all prices Royal, and all carriages and victual, as hath been accustomed.
X. Every Carrier returning from the staple, shall have a Bill under the Mayors seal, testifying that he serveth the Staple, and containing his journeys home, which Bill shall be freely granted, and the Mayor shall be sworn to give no Bills to any but such as serve the Staple.
XI. If any thing pertaining to the Staple be so taken, Hue and Cry shall be levied after the offender, by the Town where it is so taken, or by the next; and if it be within the Verge, the offender shall be punished by the Kings Steward and Marshall; but if out of the Vierge, he shall be conveyed to the Goal, and suffer as a Felon, if the offence require it.
XII. If the Town and Towns be negligent to arrest the offender, the four Towns next adjoyning shall answer the party grieved his damages, if they cannot reasonably excuse themselves.
XIII. If such offence be committed within the Staple, the Mayor and Ministers of the Staple shall arrest the taker, and do the party grieved right; but if the Staple be within the Vierge, and the taker be one of the Court, in that case the said Mayor and Ministers shall call to them the said Steward and Marshall, or the Steward's Lieutenant, to see right done according to the Law of the Staple; Howbeit, if they come not, the said Mayor and Ministers shall proceed without them.
XIV. Statutum Stapul. cap. 5. None of the Kings Justices shall take Conusance of any thing that pertains to the Staple.
[Page 538]XV. Statutum Stapul. cap. 6. None of the Kings Officers shall meddle in the places, where the Staples be holden, in pain to answer the party grieved quadruple damages, and to be grievously punished by the King.
XVI. Statutum Stapul. cap. 7. All Licenses granted to English, Welsh, or Irish, to transport the abovesaid Merchandize contrary to this Statute of the Staple, shall be void.
XVII. Statutum Stapul. cap. 8. The Mayors and Constables of the Staple, shall have Jurisdiction and Conusance (within the Staple, of all people and things which concern the Staple, and all people coming thither, shall be ruled by the Law-Merchant, and not by the Common Law, or other customs: So that if either Plaintiff or Defendant be of the Staple, the Action may be tryed before the said Officers, whether the Contract or Covenant were made within the Staple or without; but trespass there triable must be done within the said Staple: Howbeit, Pleas that concern the Kings Court, shall be heard and determined by the Steward or his Lieurenant, and the Marshals, together with the said Mayor; And Pleas of Land, and Freehold, shall be at the Common-Law.
XVIII. If Felonies, or Mayhemes be there committed, the Mayer, or other fit persons, shall be assigned to hear and determine them according to the Common Law, and none shall detain such an offender, in pain of 100 l. And indictments found without the Staple of offences done within it, shall be sent to the said Mayor and Justices to do right therein.
XIX. When an issue is to be tryed before the Mayor by an Enquest, if the parties be both Denizens, the Enquest shall be all Denizens, and when they are both Aliens, they shall be all Aliens: but when the one party is a Denizen, and the other an Alien, half the Enquest shall be Denizens, and the other half Aliens.
XX. Statutum Stapul. cap. 9. The Mayor of the Staple may take a Recognisance of a debt, in the presence of the Constables of the Staple, or one of them; And there shall be a Seal ordained, to be remaining with the Mayor, under the Seal of the Constables, with which every Obligation upon such Recognisance shall be sealed, and for every such Obligation under 100 l. they shall pay an half peny in the pound, but for those above, only a farthing in the pound.
XXI. Upon such Obligation after default of payment, the Mayor may imprison the Debtor, and arrest his goods, and sell them to satisfie the Creditor: But if the Debtor be not found within the Staple, the Mayor shall certifie the Obligation into the Chancery, [Page 539]from whence shall thereupon issue a Writ against the debtors person, lands, goods, and chattels, returnable into the Chancery, and thereupon due execution shall be made, as is contained in the Statute-Merchant; so that the Creditor may have Freehold in the Debtor's lands, which shall be delivered unto him by the same Process, and likewise recovery by Writ of Novel disseisin, if he be put out: But here, the Debtor shall have no advantage of the quarter of a year, that is contained in the said Statute-Merchant.
XXII. Statutum Stapul. cap. 15. They who have wools, leather, fells, or lead, betwixt the places where the Staples be, and the Sea, and seem to intend to carry them to the Staple, shall make Indentures betwixt them and the Bailiffs of the Town, where they ship them, testifying how much they have so shipt.
XXIII. The Bailiffs of such places shall take an Oath, and sufficient surety of them and the Mariners, that they shall carry them to the Staple, and not elsewhere, and there shall discharge them before they enter the Sea.
XXIV. The said Bailiffs shall send one part of the Indentures to the said Mayor of the Staples (whither they pretend to carry the goods) by a messenger (for whom they will answer) at the costs of the Owners of the goods; And all this the said Bailiffs and Merchants shall do, in pain to incur the punishment contained in the third Article of this Statute; which see in Merchants.
XXV. Statutum Stapul. cap. 16. In every Town where the Staple is, there shall be certain rows and places provided, where the wools and other merchandize may be put; And houses there shall be set at reasonable rates, to be assessed by the Mayor or Constable of the staple, and four discreet men of the Town: where the Staple is, who shall be sworn to make a lawful tax; And none shall be disturbed to lodg his Merchandize in such hired house.
XXVI. Statutum Stapul. cap. 18. Merchants of Ireland and Wales, who cannot sell their Wool, Woolfels, Leather, or Lead in Ireland and Wales, may bring them to the Staples of England, having first paid Custome for them in the places from whence they bring them, in respect whereof they shall not be charged with Custome in England. Howbeit, if they carry them elsewhere, they shall incur the penalties of the said third Article.
XXVII. The Treasurer and Barons of the Exchequer shall yearly (at Easter and Michaelmas) have an accompt, what merchandize is so conveyed out of Ireland, and of the custom paid for the same.
XXVIII. Statutum Stapul, cap. 19. No Merchant or other shall lose his goods for the offence of his service, unless he did it by [Page 540]the command or procurement of his Master: and speedy justice shall be done to Merchants from day to day, and hour to hour.
XXIX. Statutum Stapul. cap. 20. If any wrong be offered a Merchant-stranger out of the Staple, the Justices there shall do him right according to Law-merchant, viz. speedy Justice, and if any be convict thereof, he shall forfeit to the King as much as the Merchants damages amount unto, and shall pay to the merchant double damages.
XXX. Statutum Stapul. cap. 21. In every Staple Town, there shall be a Mayor, and two Constables established, able for the execution of their several places; and when they die, or are changed, others shall be chosen in their rooms by the communalty of Merchants there: Howbeit, the Mayor shall not hold over his year, unless he be again chosen (as aforesaid) and that as well by Aliens as Denizens.
XXXI. The Mayor and Constables have power to keep the peace, and to arrest offenders there for debt, trespass, or contract; and them to imprison and punish, according to the law of the Staple, for which end a prison shall be there also ordained.
XXXII. Officers of Corporations where the Staple is, or near adjoyning thereunto, shall (upon command) assist the Officers of the Staple in the execution of their Offices, in pain of grievous forfeiture: Also a Lord of most sufficiency in the Countrey where the Staple is, shall be assigned to be ayding to them, as occasion shall require, as well to reform offenders, as to redress mistakes by them omitted: but the appeal for injustice in the staple, shall be to the Lord Chancellor or Privy Council.
XXXIII. Statutum Stapul. cap. 22. In every Staple there shall be Correctors appointed, able and sufficient men (as well Aliens as Denizens) to record bargains betwixt buyers and sellers, and they shall give good surety before the Mayor and Constables, lawfully to execute their Office; and being found in default, shall answer damages to the party grieved: Howbeit, they shall not meddle with merchandize during their Office: But here, none shall be forced to use a Corrector, unless he please, nor give him any thing, unless he do something at his request.
XXXIV. Statutum Stapul. cap. 23. A certain number of Porters, Packers, Winders, Workers, and other Labourers of Wools and other merchandize, shall be ordained for the Staple, who, together with the Correctors, and all other Officers of the Staple (except the Constables) shall be sworn before the Mayor, duly to execute their Offices: Also all Merchants (both Aliens and Denizens) [Page 541]coming thither to merchandize, shall be sworn before the Mayor and Constables to be justified by them, and to maintain the Laws and usages of the Staple; But the Mayor and Constables shall be sworn in Chancery duly to execute their several Offices.
XXXV. Statutum Stapul. cap. 24. Merchants strangers shall choose two Merchants strangers, who shall be assigned (the one for the South, the other for the North, to sit (when they please) with the Mayor and Constables of the Staples, to hear plaints touching merchants aliens; but the Mayor and Constables shall not forbear to proceed if they come not: Howbeit, if they come, and any debate happen to arise between them, concerning such plaint, it shall be determined before the Chancellor, or the Kings Council.
XXXVI. Also six other persons shall be chosen, viz. two of Almaigne, two of Lombardy, and two of England, who shall be sworn duly to execute their Offices in moderating differences amongst merchants concerning things of the staple, which any four of them may (by their Oaths) do before the Mayor and the Officers; and what they do therein, shall be definitive.
XXXVII. Statutum Stapul. cap. 25. He that makes confederacy or conspiracy, which may turn to the impeachment, disturbance, defeating, or decay of the said Staples, or of any thing to them belonging, shall incur the penalties ordained in the said third Article.
XXXVIII. Statutum Stapul. cap. 28. The Liberties of the Staples are confirmed, notwithstanding any Franchises granted to Corporate Cities or Towns; howbeit, other mens liberties, being in the Staple, (viz. to keep Fairs, Markets, and the like) are saved.
XXXIX. Stat. 28 E. 3.13. The Warranty of packing of Woolls shall be wholly taken away, unless it be by Covenant under Seal.
XL. An Enquest for the trial of an Action in the Staple, or before other Justices, where an Alien is one of the parties, shall be per medictatem linguae, if so many Aliens may be found; but if not, by so many as are found, and the rest to be made up of Denizens, being no parties or Privies.
XLI. None shall forestall Merchandize coming towards this Realm, in pain to incur the penalties of the said third Article of the Statute-Staple, &c.
XLII. No foreigners Ship shall be compelled to arrive in England, nor to tarry in any place there, against the good will of the Master, Mariners, or Merchant, unto whom the Ship, or the goods in her do [Page 542]belong, in pain to incur a grievous forfeiture to the King.
XLIII. Stat. 36 E. 3.7. Mayors and Constables of the Staples shall have only Conusance of Debts, Covenants, Contracts, and all other Pleas touching merchandize, and the surety thereof betwixt Merchants known; but process of Felonies, and all other pleas (as well within the staple as without) shall be at the Common Law, as it was before the Statute-Staple: Howbeit, Merchant-Aliens have liberty for to sue for debts, trespass, &c. before the Mayor, or at the Common Law at their election.
XLIV. The King and other Lords (within their Seigniories) shall enjoy their Franchises, as they did before the Statute-Staple; only the Mayor of the Staple shall take Recognizance, as by the said Statute is ordained.
XLV. Stat. 38 E. 3. Stat. 1.7. The Staple shall be in England: And the Statute of the staple, together with the Declarations, additions, and modifications thereof is confirmed.
XLVI. Stat. 12 R. 2.16. The Staple shall be removed from Middleborough to Calais.
XLVII. Stat. 14 R. 2.1. The Staple shall be removed from Calais to those Towus in England, named in the Statute of the staple, 27 E. 3.1.
XLVIII. Every Merchant alien, shall bestow the value of half his merchandize upon Commodities of this Realm.
XLIX. Stat. 14 R. 2.3. Officers of the Staple shall be first sworn to the King, and then to the Staple.
L. Stat. 14 R. 2.4. No Denizen shall transport any Wools, Woolfels, Leather, or Lead beyond Sea, in pain to forfeit the same.
LI. Stat. 15 R. 2.9. The Statute of the staple is confirmed.
LII. The Mayor of the staple shall take no Recognisance of debt contrary to the same Statute, in pain to pay half the sum Recognised to the King.
LIII. Stat. 10 H. 6.1. Recognisances taken before the Mayor of the Staple of Calais, shall be effectual in England.

Steel.

* I. Stat. 2,3. E. 6.17. None shall forge or sell any gads of Iron, like in fashion to gads of Steel, in pain to forfeit 4 d. a gad, to be diuided betwixt the King and the prosecutor.

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Stilyard.

I. Stat. 19 H. 7.23. All Acts, Statutes, and Ordinances made in derogation of the Merchants of the Stilyard (called Merchants of the House in Almain, and having the House in London, called Guilhalda Teutonicorum) or of their Liberties granted them by the Kings of England, shall stand (as against them) void and repealed: Howbeit, this Act shall not be prejudicial to the City of London.

Surveyors.

I. Extenta Manerii, 4 E. 1. Containing certain Articles to be inquired by Surveyors, concerning Building, Demesnes, Foreign Pasture, Parks, Demesne woods, Foreign woods, Herbage and Pannage, Mills, Fishing, Freeholders, Customary Tenants, Cottages, and Curtilages, Perquisits of Courts, Patronages, Liberties, Customes, Services, &c. See the Statutes at large.

Suit of Court.

I. Marlbr. 9. 52 H. 3. None enfeoffed by Deed, shall be distrained to do suit to his Lords Court, unless he be bound to do it by the form of his Deed, or he or his Ancestors have used to do it before the Kings first voyage into Brittain, being about 39 years and an half since.
II. None enfeoffed from the time of the Conquest shall do it, unless his Ancestors have done it before the said voyage.
III. Such as be at a suit-fine, shall be free from suit, paying their Fine.
IV. The Parcenor having the eldest part, shall do suit for his or her fellows, and the rest shall be contributary.
V. Also one Joynt-tenant or Tenant in common, shall do the suit, and (if there be no mean to acquit him) the rest shall contribute.
VI. If a Lord distrain for suit not due, the parties (upon complaint) shall have an attachment against the Lord to appear in the Kings Court at a short day, when one only Essoin shall be allowed, and the distress shall be delivered to the Plaintiff, and there remain untill the Plea be determined.
VII. If the Lord appear not at the day, the Sheriff shall have command to distrain him by his goods, and to have his body before the Justices at another day; when, if he appear not, the Plaintiff [Page 544]shall go without day, and the distress shall remain with him, untill the Lord have recovered; and in the mean time, no more distresses shall be made, saving to Lords their right, to recover their suits, when they will sue for them: But here, if the Lord be convict, he shall allow the Plaintiff damages.
VIII, Like Justice shall be done to Lords against Tenants that withdraw their Suits, as to limiting of days, and awarding of distresses, and damages also, if they recover; but Lords shall not recover seisin of such Suits against their Tenants by default, as they were wont to do: And as concerning suits withdrawn before the time above-mentioned, let the Common Law run, as it was wont to do.

Swans.

I. Stat. 22 E. 4.6. None (but the Kings Son) shall have any mask or game of Swans of his own, or to his use, except he have Lands and Tenements of Freehold, worth five Marks per annum, besides reprises, in pain to have them seised by any having lands of that value, to be divided betwixt the King and the Seisor.

☞ Swearing and Cursing.

* ☞ I. Stat. 21 Jac. 20. If any shall swear or curse within the hearing of a Justice of Peace, or shall be convicted thereof by his own confession, or the evidence of two witnesses upon oath before the same Justice, he shall forfeit 12 d. to the use of the poor where the offence shall be committed, to be levied by the Constable, Church-wardens, and Overseers of the Poor there (upon warrant from such Justice) by distress and sale of goods; and in default of distress, if the offender be above 12 years old, he shall (upon warrant as aforesaid) be set in the stocks 3 hours; but if under, then shall he be whipped by the Constable, or by the Parent or Master in the Constables presence.
II. Here, if the Officer be sued for the due execution of his Office, he may plead the general issue, and yet give special matter in evidence.
III, This offence shall be complained of, and proved, as aforesaid, within 20 days after it is committed: And this Act shall be read in the Church twice in the year, upon Sunday after Evening-Prayer.

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Tail.

I. West 2.1. 13 E. 1. WHere Lands are given to a man, and the heirs of his body, or to husband and wife, and the heirs of their two bodies, upon condition, That if such man, or such husband and wife die without issue, that then the land should revert to the Donor; or where land is given in frank-marriage, and such a condition is conceived to be annexed or implied: In all such cases heretofore the Feoffees (after issue had) had power to Alien, and to dis-inherit the issue, contrary to the mind of the Donors: Wherefore now it is ordained, That the Will of the giver (according to the form in the Deed of Gift, manifestly expressed) shall be from henceforth observed, so that they to whom the land was given under such condition, shall have no power to alien the land so given, but it shall remain to their issue after their death, or shall revert to the giver, or his heirs, if issue fail; neither shall the second husband of any such woman from henceforth, have any thing of the land so given upon condition (after the death of his wife) by the Law of England, nor the issue of such second husband and wife shall succeed in the inheritance; but immediately after the death of the husband and wife, unto whom the land was given, it shall return unto the issue of the giver, or his heirs, as aforesaid.
II. Hereupon a new Writ of Formedon in descender is granted in this form: Praecipe A. quod juste, &c. reddat E. Manerinm de F. cum suis pertinentiis, quod C. dedit tali viro, & tali mulieri & haeredibus de ipsis viro & muliere exeuntibus: or thus, Quod C. dedit tali viro i [...] liberum maritagium cum tali muliere & quod post mortem praedictorum viri & mulieris praedicto B. filio corum viri & mulieris descendere debeat per formam donationis praedictae, ut dicit, &c. vel. Quod C. dedit tali & haeredibus de corpore suo exeuntibus, & quod post mortem illius talis praedicto B. filio praedicti talis descendere d beat per formam, &c.
III. This Act shall extend to gifts hereafter to be made, and not to gifts heretofore made, and a Fine hereafter to be levied upon such lands, shall be void in Law: Neither shall the heir or reversioner (albeit they be of full age, in England, or out of prison) need to make their claim: But this Law, concerning a Fine, is in some sort altered by 32 H. 8.36. which see in Fines.

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Taxes, Tenths, Fifteens, Benevolences, Ship-money.

I, Stat. 25 E. 1. Certain Taxes then before taken shall not be taken in custome, but by the common assent of the Realm, except antient Aids and Taxes.
II. Stat. De Tallagio non concedendo, cap. 1. Temp. E. 1. No tallage or aid by us or our heirs, shall be levied without the will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other free Commons of our Realm.
III. Stat. 1 E. 3. Stat. 2. cap. 6. Whereas after Taxes rated, levied, and paid into the Exchequer, Commissions of review issued out, by colour whereof the Justices thereto assigned, took Fines of the Taxers and others; it is ordained, That from henceforth the people shall be taxed after the old manner, and not otherwise.
IV. Stat. 11 R. 2.9. No imposition or charge shall be put upon Wooll, Leather, or Woolfels, other than the Custom and Subsidy granted to the King in this present Parliament; and if any be, the same shall be annulled, saving always unto the King his ancient right.
V. Stat. 9 H. 4.7. Goods shall be chargeable towards the payment of Tenths or Fifteenths, in the place where they were at the time the same were granted; howbeit, none shall be twice charged for his goods.
VI. Stat. 1 R. 3.2. The Subjects of this Realm shall not be hereafter charged by any charge, called a Benevolence, or any such like exaction, or imposition whatsoever, and such impositions heretofore charged upon the Subject, shall not be hereafter drawn into president or example.
VII. Stat. 19 H. 7.8. No Mayor, Sheriff, Bayliff, or other Officer, shall distrain, take, or levy any custom, called Scavage, or Schevage of any Denizen, for any Merchandize before truly customed, nor for the payment thereof, let or disturb any Merchant or other (being Denizens) to sell or utter the same Merchandize, in pain of 20 l. to be divided betwixt the King and the party grieved, or the prosecutor, which of them will sue first for it.
VIII. Howbeit, the Mayor and Communalty of London may take so much money (of Denizens) for scavage, as shall be found to be their right by the King and his Council.
[Page 547]IX. Stat. 16, 17 Car. 14. An Act for declaring unlawful and void the late proceedings touching Ship-money, and for the vacating of all Records and Process concerning the same.
X. Stat. 16 and 17. Ca. 2. Ca. 1. A Royal Ayd, of 4675000 l. granted to the King to be raised in three years.

And see title Excise per tot. And for Hearth-money, see title King numb. 8. See Title Benevolence.

Templers.

I. Stat. De terris Templariorum, 17 E. 2. Neither the King nor other Lords, shall have by escheat, the lands that were the Templers, (which Order was the dissolved) but those lands shall remain to the Prior and Brethren of the Order of the Hospital of Saint Johns of Jerusalem, which Order was then erected.

Tenure.

I. Magna Carta 10. None shall distrain for more service then is due.
II. Magna Carta 31. If a Baronie escheat to the King, the Tenants that hold of the same (not having other lands that hold of the King in chief) shall pay like relief, and do like services to the King after such escheat, as they paid or did to their former Lords, and not otherwise.
III. Magna Carta 32. No Freeman shall give or sell so much of his land, that of the residue, the Lord of the Fee may not have the services due to him.
IV. Quia Emptores terrarum, 18 E. 1. In all Feoffments to one and his heirs, the Feoffee shall hold his land of the chief Lord of the Fee by the same services that the Feoffor held before.
V. Here, if the Feoffment be made of parcel, he shall hold of the chief Lord pro particula, according to the quantity of the land, and the Feoffor shall be set free for that part.
VI. Howbeit, by such sales or purchases of lands, or any parcels thereof, such lands shall not come into Mortmain, contrary to the Statute thereof lately made: Neither shall this Act be understood of any other then lands in Fee-simple.
VII. Stat. 1. E. 3. Stat. 2.12. From henceforth lands holden of the King in chief, and aliened without license, shall not be forfeited, [Page 548]but a reasonable fine shall be taken (of such lands so aliened) in Chancery by due Process.
VIII. Stat. 1. E. 3. Stat. 2.15. Lands holden of the King, as of some Honour shall not be taken into the Kings hands, as if they were holden of the King in chief, as of his Crown.
IX. Stat 34 E. 3.15. All Alienations, which the tenants of H. 3. and of other Kings before his time did make, are confirmed.
X. Stat. 7 E. 4, 5. Lands holden of a common person by Fealty, Rent, or other service, coming to the Kings hands by attainder of Treason, and being afterwards granted by the King to another, shall be holden, as if such attainder had not been.
XI. Stat. 35 H. 8.14. The King (at his pleasure) upon the grant of any Abby-lands under the value of 40 s. per annum (houses and gardens, whereunto no lands appertain, onely excepted) may reserve either a Tenure by Knight-service in Capite, or a Tenure in soccage, or free-burgage, and not in Capite, with the yearly Rent of the tenth part of the annual value of the said lands, as they shall be exprest in the said Grant to be yearly worth: And of such houses also and gardens, whereunto no lands appertain, as aforesaid (being none of the Kings Houses:) The like Tenures (at his pleasure) and a tenth part of the yearly value, whether they be under or over the yearly value of 40 s. per annum.
XII. Stat. 7 H. 8.20. All lands and other hereditaments, not above the yearly value of 40 s. and all houses, orchards, yards, and gardens, whereunto no lands appertain (being none of the Kings houses) granted by the King, since the 27th year of his Reign, to any person or persons, to hold of him by fealty only, or by fealty only, and not in Capite, or in soccage or free-burgage, or by fealty only in free and common soccage, and not in Capite, or by words to that effect: Or to hold by fealty, or by fealty onely, and not in Capite, as of one of the Kings Honours or Mannors, or the like, shall be adjudged and taken to be holden in soccage or burgage, and not in Capite.
XIII. The King, within five years after the 1. of Novemb. in the 37th year of his Reign (at his pleasure) upon grants of lands, or other hereditaments, not rated at above 40 s. per annum (houses, gardens, &c. unto which no lands belong only excepted) and of such houses, gardens, &c. (being not the Kings) may reserve either a Tenure by Knight-service in Capite, or else a Tenure by fealty, or in soccage, or burgage, and not in Capite: And all Tenures reserved since the 24. of April, in the 25. year of the Kings Reign, and to be reserved within the said five years, by these words, Et non in Capite, [Page 549]shall be taken to be Tenures in soccage or burgage, and not in Capite: And the heir of the Grantee of any such lands, houses, &c. may (after the death of his Ancestor) enter into any of the same lands, houses, &c. without any livery, or oustre le main, or other fine or fines whatsoever to be paid to the King for the same.
XIV. Stat. 1 E. 6.4. All such Honors, Mannors, Lands, Tenements, or Hereditaments, which are holden of the King by Knight-service, in soccage, or otherwise, as of any Dukedom, Earldom, Baronie, or other Seignlorie (being come to the King by attainder, conviction, outlawry, dissolution, or surrender) shall not be taken to be holden in Capite.
XV. This Act shall not prejudice the Kings profit or advantage, in respect of lands holden of him, as of his person in chief, or of his ancient possessions.
XVI. Neither shall this Act give advantage to any Tenant of lands, who hath heretofore sued any special or general livery, or Oustre l [...]mai [...], out of the hands of the King or his progenitors, or shall confess by matter of record any Tenure in chief to the King.

☞ Tiles.

I. Stat. 17 E. 4.4. Tile earth shall be cast up before the first of November, shired and turned before the first of February, and not made into Tile, before the first of March, and shall likewise be tryed and severed from stones, malne, marle and chalk.
II. A plain Tile shall contain in length ten inches and an half, in breadth six inches and a quarter, and in thickness half an inch half a quarter, at least: A roof or cross-tile, in length thirteen inches, and in thickness, as before, with convenient deepness accordingly; a gutter and a corner-tile, in length, ten inches, and an half, with convenient thickness, breadth and deepness.
III. If any shall sell Tile otherwise made, he shall forfeit to the buyer the double value thereof, to be recovered by Action of debt; and besides, shall make fine and ransom at the Kings will.
IV. Justices of Peace shall hear and determine these defaults and effences, as well at the suit of the King, as of the party grieved, and shall not set less fine upon an offender against this Act, then after the rate of 5 s. for every thousand of plain Tile, 6 s. 8 d. for every hundred of roof-tile, and 2 s. for every hundred of corner or gutter-tile.
V. The said Justices have also authority to appoint searchers of Tile, who shall diligently execute that office, in pain to forfeit to [Page 550]the King for every default, 10 s. and shall have of every Tile-maker for such search, after the rate of 1 d. for every thousand of plain Tile: ob. for every hundred of roof-tile: and qu. for every hundred of corner and gutter-tile: and shall make presentment of all defaults found at the next Sessions, which shall be as effectual in Law as a presentment of twelve men.
VI. None shall put any Tile to sale before such search be made, in pain to forfeit the same, and the Justices of Peace have also power to hear and determine in the defaults of the said searchers.

Tindale, Ridesdale, and Examshire.

I. Stat. 2 H. 5.5. If any person of Tindale, or Examshire, commit any murder, treason, manslaughter, or robbery, or consent thereunto, out of the said Franchises, Process shall be made against him until he be outlawed, and after outlawry returned, the Justices before whom it is so returned, shall make certificate thereof to the Ministers of the said Franchises, who shall take such Felons, and seize their lands and tenements into the hands of the Lords of the same Franchises, as forfeit; but their lands and tenements out of those Franchises, shall be seized to the use of the King and other Lords, (having Franchise there) as forfeit: saving to the King the forfeitures of such offenders, which to him belong in right of his Crown.
II. Stat. 9 H. 5.7. The Statute of 2 H. 5.5. made against offenders in Tindale and Examshire, shall be extended against the like offenders in Ridesdale.
III. Stat. 11 H. 7.9. The North and South-Tindale, and all the lands within the same, shall be guildable and parcel of the County of Northumberland, and no Franchise shall be there, but all the Kings Writs and Officers shall be there obeyed.
IV. None shall demise any lards for years, life, or at will there, but the Lessor shall before find two sureties, having at least 40 s. per annum, within the County of Northumberland, to be bound by Recognisance in 20 l. to the King, to make answer within 8 days warning, to all such offences, as aforesaid; And the Lessor shall forfeit 40 s. for every acre otherwise let, to the King and Justices, and such Lease shall be void; The Justices of Peace also shall inquire of such Recognisances forfeited: See the Statute at large.

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☞ Tithes.

* I. Stat. pro Clero, 7. 18. E. 3. No Scire facias shall be awarded to warn a Clerk to answer for his Tithes before any secular Judge; saving to him his right.
II. Stat. 1. R. 2.14. Where in an Action of goods carried away, the Defendant maketh his title for Tithes due to his Church, in such case the Plaintiffs general averment shall not be taken without shewing specially how the same were his lay-chattel.
III. Stat. 5. H 4.11. The Farmers of Aliens shall pay Tithes to the Parsons and Vicars of the Parishes, where the lands in farm do lie, notwithstanding they be seised into the Kings hands, or any prohibition made to the contrary.
☞ IV. Stat. 27. H. 8.20. If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace (1. qu.) of any contumacie, or misdemeanour committed by a Defendant in any suit there depending for Tithes, the said Justices shall commit such Defendant to prison, there to remain, till he shall find sufficient surety to be bound (before them) by Recognisance, or otherwise, to give due obedience to the Process, Proceedings, Decrees, and Sentences of the said Court.
V. This Act shall not extend to any Citizen of London; neither shall it restrain any person from having their defence and remedy, according to the Ecclesiastical Laws; and the Laws and Statutes of this Kingdom.
VI. This Act shall not have longer force then that the King and such 32 persons as he shall appoint, shall have established the Ecclesiastical Laws for the Church of England, after which time Tithes shall be paid according to those Laws, and not otherwise.
* VII. Stat. 28 H. 8.11. The year, in which the first-fruits shall be paid to the King, shall begin immediately after the avoidance or vacation of the Benefice; and the Tithes and other profits of any such Benefice arising, during the time of the vacation, shall belong to the Presentee, or his Executors, towards payment of the first-fruits, which if any Archbishop, Bishop, or other hinder him to have, he shall forfeit the treble value thereof, to be divided betwixt the King and such incumbent: Howbeit, such Archbishop, Bishop, Ordinary, or other officer, shall be allowed the charge of the Cure, and of inning Tithes, and other profits.
VIII. Here also, the incumbent before his death may make and declare his will of the grain sown by him upon the Glebe-lands.
[Page 552]IX. But the successor (upon a months warning) shall have the Parsonage-house, and the Glebe not sowen.
X. If the fruits of such Spiritual Promotion received be not sufficient to pay the Curate, the next incumbent shall do it, within 14. days after his induction.
☞ XI. Stat. 32 H. 8.7. All persons shall duly set forth, and pay all Tithes and Offerings according to the custom of the places where they grow due.
XII. If Tithes or Offerings be not so set out and paid, the party grieved may convent him, that so detains them, before the Ecclesiastical Judge, who hath power to hear and determine the matter in question ordinarily, or summarily, according to the Ecclesiastical Laws, and to give sentence thereupon accordingly.
XIII. Here, if any of the parties appeal, the Judge upon such appeal, shall adjudge to the other party reasonable costs, and compel the Appellant to satisfie them by Process, and censures Ecclesiastical, taking surety of the other party, to whom the costs shall be adjudged to restore the costs in case the principal cause passe against him.
XIV. If any person after such sentence given, refuse to pay the Tithes or sums of money so adjudged, then two Justices of Peace (1. Qu.) shall (upon certificate thereof from the Judge) commit the party so refusing, to the next Goal, there to remain, until he have found sureties to be bound by Recognisance, or otherwise before the same Judge) to the King, to perform the said sentence.
XV. Howbeit, none shall be thereby compelled to pay Tithes for lands or other hereditaments, which by the Laws and Statutes of this Realm are discharged, and not chargeable with the payment of Tithes: Neither shall it extend to the City of London, or the Suburbs thereof.
XVI. In all cases, where any person, who hath any estate of inheritance, free-hold, term, right or interest, in any Parsonage, Vicarage or other Ecclesiastical profit, which now be, or hereafter shall be made temporal, and admitted to be, and abide in temporal hands, and to lay-uses, by the Laws and Statutes of this Realm, shall happen to be hereafter outed, or otherwise wronged, from or concerning the same, he or she shall have remedy for the same (in the Kings temporal Courts, or other temporal Courte, as the case shall require) by Writs of Praecipe quod reddat. Assize of Novel disseisin, Mortdancester, quod ei deforciat, Writs of Dower, and other Original Writs, as the case shall require, in like manner as for lands, tenements, and other hereditaments in such manner to be demanded.
[Page 553]XVII. Also Writs of Covenant, and other Writs for fines to be levied, and all other assurances to be had and made of Parsonages, Vicarages, and other profits, called Spiritual, shall be devised and granted in Chancery, as hath been used for fines and assurances of other lands. Likewise all Judgements given, and Fines levied for, and of such Parsonages, &c. shall be of like effect, as Judgments given, and Fines levied of other lands.
XVIII. Howbeit, remedy for Tithes or offerings shall be had in the Ecclesiastical Court (and not in temporal Courts) as above by this Act is provided.
XIX. Stat. 37 H. 8.12. A confirmation of a Decree made by Thomas, Archbishop of Canterbury, and others (there named) for the payment of tithes in London; See the Statute and Decree at large.
* XX. Stat. 2, 3. E. 6.13. The Statutes of 27 H. 8.20. and 32 H. 8.7. are confirmed: And every person shall without fraud, yield and pay all predial Tithes, as hath been used within 40 years before the making of this Act, or of right or custom they ought to have been paid.
XXI. None shall take or carry away any tithes (paid, or that ought to have been paid, as aforesaid) before he hath justly divided and set forth for the tithe thereof, the tenth part of the same; or otherwise agreed for the same tithes with the Parson, Vicar, or other owner, Proprietor, or farmer thereof, in pain to forfeit the treble value of the tithes so taken, or carried away.
XXII. At Tithing time, it shall be lawful for the Owner (claiming such predial tithes) his Deputy or servant, to see his said tithes be truly set out and severed from the nine parts, and the same quietly to take and carry away.
XXIII. If any person carry away his Corn, Hay, or other predial tithes before they be set out, or willingly withdraw his tithes of the same, or of other things, whereof predial tithes ought to be paid, or do let such owner to view, take, and carry away his tithes, as aforesaid, by reason whereof they are lost, impaired, or hurt; that then, upon due proof thereof before a spiritual Judge, the party so carrying away, withdrawing, letting, or stopping, shall pay the double value of the tithe so taken, lost, withdrawn, or carried away, besides costs of suit, to be recovered before such Ecclesiastical Judge, according to the Ecclesiastical Laws.
XXIV. Tithe of Cattel feeding in a Waste or Common where the Parish is not known, shall be paid by the owner of such Cattel in the place where he dwells.
XXV. None shall be compelled to pay tithes for lands or other [Page 554]hereditaments, which by the Laws and Statutes of the Realm, or by any priviledge or prescription, are not chargeable therewith, or are discharged by any composition reall.
XXVI. Barren, heath, and waste ground, (other then such as be discharged from tithe by Parliament) which hath heretofore paid no tithes, by reason of the barrenness thereof, but be now improved and converted to arable ground or meadow, shall at the end of seven years next after such improvement pay tithes: Or if they yielded some small tithe before the improvement, they shall only pay that same small tithe during the first seven years, but afterwards shall pay the full tithe according to such improvement.
XXVII. Every person exercising Merchandize, buying and selling, or any other art or faculty (being such persons, and in such places as heretofore within 40 years, have used to pay personal tithes, or of right ought to have paid them, and not day-labourers) shall yearly, at or before Easter, pay for his personal tithes the tenth part of his clear gains, reasonable charges and expences being deducted.
XXVIII. Handy-craft men, having used to pay tithes within 40 years, shall still pay them.
XXIX. The Ordinary hath power to examine him that refuseth to pay his personal tithes, by any lawful means, (otherwise then by his own oath) concerning the payment of such tithes.
XXX. Offerings shall be paid (in the place where the party dwells) at such four offering dayes, as heretofore within the space of four years last past have been used for the payment thereof, but in default thereof, at Easter.
XXXI. Parishes that stand upon, or towards the Sea-coasts, the commodities whereof consist much in fishing, shall pay their tithes, as they have done within 40 years, and their offerings, as aforesaid.
XXXII. This Act shall not extend to London, or Canterbury, or their Suburbs, nor to any other Town or place where the Inhabitants have used to pay tithes by houses.
XXXIII. Suits for substracting, or withdrawing of tithes, and other profits Spiritual, shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge, who hath power (no original or prohibition hanging) to excommunicate the party disobeying the Sentence, and if he stand excommunicate 40 days, to certifie the excommunication (after publication thereof at the place or Parish where such party dwels) into the Chancery, and thereupon to require Process, De excommunicato capiendo, to be awarded against the person so excommunicate.
[Page 555]XXXIV. Before a Prohibition shall be granted, the party Plaintiff therein, shall bring a true copy of the Libel exhibited into the Ecclesiastical Court concerning that suit, subscribed with the hand of the same party, and thereunder shall be written the suggestion, whereupon the party demanded such prohibition, and the Libel thus ordered, shall be delivered to the Justices of the Court where the prohibition is so demanded; and if such suggestion be not proved to that Court by two sufficient witnesses within six months next after such Prohibition granted, the other party shall (upon request) have Consultation, and double Costs and Damages awarded by the said Court, and may recover such costs and damages by action of debt.
XXXV. This Act shall not give power to any Ecclesiastical Judge to hold plea of any matter against the meaning of the Statute of Westm. 2. cap. 5. Articuli cleri, circumspecte agatis, sylva caedua, the Treatise De regia prohibitione, nor of 1 E. 3.10. nor any of them, nor where the Kings Court ought of right to have jurisdiction.
XXXVI. No Tithes of marriage-goods shall be paid in VVales, nor the Marches thereof.

Tobacco.

* I. Stat. 12 Car. 2. cap. 34. None shall sow, set, or plant any Tobacco, within England, Wales, Isles of Guernsey or Jersey, Town of Berwick upon Tweed, or Ireland, upon penalty of forfeiture of the said Tobacco, or 40 s. for every rod or pole so planted, one moity whereof to the King, the other moity to the Informer.
II. All Sheriffs and other Officers may destroy any Tobacco sown or planted contrary to this Act, and any person resisting such destruction, shall forfeit 5 l. to be divided and recovered as aforesaid, and by distress of the offenders goods, and sale thereof.
III. Proviso, Not to extend to Tobacco planted in any Garden for Physick or Surgery, not exceeding one Pole in any one Garden.
IV. Vid. the Act, title, Trade, Numb. XIV.

☞ Tolls.

I. West. 1.30. 3 E. 1. If excessive Toll be taken in a Market-Town, where it is the Kings Town, the Franchise shall be seised; but where it is anothers, if it be done by the Lords consent, the Franchise shall be seised, as before; but if done by a Bailiff, or other [Page 556]Officer, he shall restore as much more to the Plaintiff, as was so taken, and suffer 40 days imprisonment.
II. Citizens or Burgesses, who have the King or his Fathers grant for murage to inclose their Towns, if they take for murage more then they ought to do by their grant, and be thereof attainted, they shall lose their grant, and be also grievously amerced to the King.
III. Stat. 18 E. 2. Ordinance of Bakers. How Toll shall be taken at a Mill.

Towns.

I. Stat. 27 H. 8.1. A remedy for repair of decayed houses and buildings upon waste ground in Nottingham, Shrewsbury, Ludlow, Bridge-north, Quinborow, Northampton, and Glocester. See the Statute at large.
II. Stat. 32 H. 8.18. A remedy for repair of decayed houses and building upon waste ground in York, Lincoln, Canterbury, Coventry, Bath, Chichester, Salisbury, Winchester, Bristol, Scarborow, Heresord, Colchester, Rochester, Portsmouth, Pool, Linae, Feversham, Worcester, Stafford, Buckingham, Pomsr [...]t, G [...]antham, Exeter, Ipswich, Southampton, Great Yarmouth, Oxsord, Great W [...]combe, Gilford, Stratford, Kingston upon Hull, Newcastle upon Tine, Beverley, Bedford, Leicester, Berwick. See the Statute at large.
III. Stat. 32 H. 8.19. A like Statute for re-edifying of Shaftsbury, Shirborn, Birdport, Dorchester, Weymouth, Plimouth, Plimton, Barnstable, Tavestock, Dartmouth, Lanceston, Lyskerde, Lestythiel, Bodmyn, Truro, Helstone, Bridgwater, Taunton, Somerton, Ilchester, Malden in Essex, and VVarwick. See the Statute at large.
IV. Stat. 33 H. 8.36. A like Statute for Canterbury, Rochester, Stamford, Great Grimsby, Cambridg, Derby, Gilford, Dunwich; The Cinque-Ports with the members, Lewes, and Buckingham. See the Statute at large.
V. Stat. 35 H. 8.4. A like Statute for Shrewsbury, Chester, Ludlow, Haverford West, Pembroke, Denby, Carmerdin, Montgomery, Cardiffe, Swannesse, Cowbridge, New Rador, Prestend, Brecknoke, Monmouth, Malden in Essex, Abergavenny, Usk, Curlion, Newport in Monmouthshire, Lancaster, Preston, Liverpool, and VVygan. See the Statute at large.
VI. Stat. 1, 2. P. M. 7. None dwelling in the Country out of a Corporation or Market-Town, shall sell or cause to be sold by retail, any Woollen-Cloth, Linnen-Cloth, Haberdasher-Wares, Grocery-wares, Mercery-wares, in any such Corporation, or Market-Town, [Page 557]or the Suburbs or Liberties thereof, (except in open Fairs) in pain to forfeit for every time so offending, 6 s. 8 d. and the whole wares so sold, or offered to be sold; The one moity of which forfeiture shall be to the King and Queen, and the other to the seisor or prosecutor.
VII. Howbeit, any person may sell such wares in the said places by whole-sale in gross, and by retail also, he being made free of the said places, or it being cloth of his own making, that is so sold.
VIII. The Liberties of the Universities are saved.
IX. Stat. 18 El. 21. It shall be lawful for any person freely to buy and sell in New VVoodstock, all Wools and Yarn, brought thither upon the usual Markets or Fair days, and the same to use and employ to their best profit, notwithstanding any Statute, Law, or Usage to the contrary.

Trade.

I. Stat. 15 Car. 2. cap. 5. Stat. 3. for encouragement of Tillage:
- When prices of Corn and Grain, Winche [...]er measure, exceed not the Rates, at the Havens or places to be shipped at, viz.
  - Wheat, 48 s.
  - Barley or Malt, 28 s.
  - Buck Wheat, 28 s.
  - Oats, 13 s. 4 d.
  - Rye, 32 s.
  - Pease or Beans, 32 s.
  The Quarter.
- The same may be transported beyond the Sea from the said Havens or Places as Merchandise.
II. When prices of Corn and Grain exceed not the said Rates at the said Havens, and shall be imported from beyond Sea, there shall be paid for Custome and Poundage; viz. for
- Wheat, 5 s. 4 d.
- Rye, 4 s.
- Barley or Malt, 2 s. 8 d.
- Buck Wheat, 2 s.
- Oats, 1 s. 4 d.
- Pease or Beans, 4 s. The Quarter.
III. When the same exceed not the prices at the said places, or Markets in the said first clause mentioned, All persons not forestalling or selling the same in the Market (within 3 months after the buying) may buy the same in open Market, and lay up, and keep the same.
[Page 558]IV. No Commodity of the growth, production or manufacture of Europe, shall be imported into any Island, Plantation, or place to the King belonging, or to belong, but what be laden and shipped in England, Wales, or Berwick, in English built shipping: And whereof the Master and 3 fourths of the Mariners at least are English: And which shall be directly thence carried to the said Islands, Plantations and places, and [...]in no other place, upon pain of forfeiture of all such goods imported in any of them into any other place, by land or water: If by water, of the Ship importing them, with her Guns, Ammunition and Apparel, one third part whereof to the King, one third part to the Governor of such Island or place where the goods be imported; the other third part to him who shall seise or sue for the same, in any of the Kings Courts in such Islands or places where the offence is committed, or in any Court of Record in England.
V. Provided, It shall be lawful to ship and lade in such Ships so navigated as aforesaid, in any part of Europe, salt for the Fisheries of Newfound-land, and New-England, and in the Madera's Wines of the growth thereof: And in the VVestern Islands or Azores, Wines of their growth, and to Ship-servants or horses in Scotland or Ireland; And in Scotland all sorts of Victuals of the growth or production of Scotland; and in Ireland all such victuals of their growth or production, and to transport the same into any the said Lands, Islands, Plantations or Places,
VI. Every person importing by Land any Goods or Commodities into the said Islands, Plantations or places, shall deliver to the Governor thereof, or such as by him appointed, within 24 hours after Importation, their names and sirnames, and a true Inventory of all such Goods; and no such Ship shall lade or unlade any such goods, untill the Master have made known to the said Governor or other by him appointed, the arrival of the Ship, her name, the Masters name, and shewed she is an English Ship; or by Certificate, that she is belonging to England, Wales, or Berwick, Navigated as aforesaid, and a perfect Inventory of her Lading, and the place where they were taken in, upon pain of forfeiture as aforesaid.
VII. All Governors of such Islands, Plantations and Places to be put to an oath before such persons as the King shall appoint, to do their utmost to see this Act performed: And for offending herein, to be put out of their places, made incapable of any other Government in the said places, and forfeit 1000 l. one moity to the King, the other moity to such person as shall inform and sue for the same, as aforesaid.
VIII. If any Officer of the Customs in England, VVales, or Berwick [Page 559]upon Tweed, shall give Warrant, or suffer any Sugar, Tobacco, Ginger, Cotton Wooll, Indico, Speckle Wood or Jamaica Wood, Fustick or other dying wood, of the growth of the Lands or Plantations, to be carried into any other Country or place, unless they have been unladed in England, VVales, or Berwick, such Officer shall forfeit his Place and value of the Goods, one moity to the King, the other moity to him that shall sue for the same, as aforesaid.
IX. It shall be lawful out of any Port of England, VVales, or Berwick, to ship and lade Sea-coals for any part of them, paying for the Chaldron, Newcastle measure, only 1 s. 8 d. and London measure, 1 s. and no more, in full of all Custome and Poundage for the same. Previded, the same be shipped, and navigated as aforesaid, and security given to the Officers of the Custome of the Port where they are shipped, for landing them in the said Plantations, and not elsewhere.
X. It shall be lawful for all persons to export out of any the Ports of England, Wales, and Berwick, in which there is a Customer and Collector, all sorts of Forein Coyn, Bullion of Gold or Silver, first entring the same in the Custom-House, without paying any Custom or Fee for the same.
XI. For every Head of Cattle (except of the breed of Scotland) imported into England, Wales, or Berwick, after the 1. of July, in any year. And for every head of great Cattle of the breed of Scotland, that be brought into England, VVales, or Berwick, after the 24th of August, and before the 20th of December, in any year, there shall be paid to the King and his heirs 20 s. and 10 s. to him that shall inform or seize the same, and 10 s. to the Poor of the Parish where such seizure or information shall be made: And to the King for every Sheep imported into England, VVales, or Berwick, after the 1. of Aug. and before the 20th of Decemb. in any year, 10 s. to be recovered and levied as aforesaid. This Act as to great Cattle or Sheep not to take place till the First of Aug. 1664. nor continue longer than the first Session of the next Parliament.
XII. No Fresh-Herring, fresh Cod, or Haddock, Coalfish, or Gulfish, shall be imported into England, VVales, or Berwick, but in English built Ships, and having Certificate thereof as aforesaid, and which have been taken in Ships Navigated as aforesaid, and not bought of strangers, or strangers Bottoms, upon pain of forfeiture of the same, and the Ships or Vessells, one moity to the King, the other moity to the Informer, to be recovered as aforesaid.
XIII. For salted or dryed Fish imported in any other Ship or [Page 560]Vessel then English, as aforesaid, there shall be paid for Custome, viz. Codfish the barrel, 5 s. Codfish the Last, containing 12 barrels, 3 l. Codfish the Hundred, containing 120, 10 s. Coalfish the hundred 5 s. Lings the hundred, 20 s. White Herrings the Last, 12 barrels, 1 l. 16 s. Haddocks the barrel 2 s. Gulfish the barrel, 2 s.
XIV. Every person that shall plant Tobacco in England, Wales, Guernsey, Jersey Islands, and Berwick upon Tweed, shall forfeit 10 l. for every Pole of ground so planted over and above the penalty in the former Act of planting Tobacco; one third part to the King, one third part to the Poor of the Parish where the offence is, and one third part to him that shall sue for the same in any the Kings Courts of Record at Westminster. And if any person resist execution of the said Act, he shall be committed to the Goal, till he have entred Recognizance with Sureties of 20 l. not to commit the like offence again. Proviso, for Gardens of the Universities, and Surgery and Physick, the quantity not exceeding half a Pole.
XV. It shall be lawful to import Cattel of the breed of the Isle of Man, not exceeding 600 in one year; And Corn of the growth of that Island, out of it, into England, so as the Cattel be landed [...] Chester, Leverpool, or Wire-water.

☞ Treason.

I. Stat. De proditionibus, 25 E. 3. Stat. 5. cap. 2. To compass or imagine the death of the King, Queen, or Prince; to violate the Queen, the Kings eldest daughter unmarried, or the Princes wife; to levy War against the King, or to adhere to his enemies within the Realm, giving them aid or comfort within the Realm, or elswhere: To counterfeit the Kings Great Seal, or Privy Seal, or his money; to bring false money into this Realm, counterfeit according to the money of England, (knowing the said money to be false) to Merchandise or make payment with it: to kill the Chancellor, Treasurer, or any Justice of either Bench, Justices in Eyre, Justices of Assize, or any other Justices assigned to hear and determine, being in their places doing their Offices, is by this Statute declared to be High Treason: And in the said cases, that ought to be adjudged Treason, which extends to the King, or his Royal Majesty.
II. Forfeitures of Escheats pertain to the King, of whomsoever the lands are holden.
III. There is another sort of Treason (viz. Petty Treason) when a servant kills his Master, a Wife her Husband, a Secular or Regular [Page 561]his Prelate, to whom he oweth faith and obedience, in such cases the Escheat pertains to every Lord of his own Fee.
IV. If any other case, supposed Treason, shall happen before any Justices, they shall defer the judgment thereof, untill the case may be declared before the King and his Parliament, whether it ought to be adjudged Treason or Felony.
V. To ride armed with men of arms, with purpose to kill, rob, or imprison another, untill he hath made fine and ransome, shall not be adjudged Treason, but Felony or Trespass, as hath been heretofore used: And if any such attempt hath been heretofore adjudged Treason, and thereupon Lands seised into the Kings hands withheld of other Lords, they shall be restored to such Lords, saving to the King his year and waste.
VI. Stat. 1 H. 4.10. Treason shall not be adjudged otherwise then as it was ordained by 25 E. 3.
VII. Stat. 26 H. 8.13. Pars inde, Treason committed out of this Realm, shall be enquired of in such County, and before such persons as the King shall appoint by Commission, and upon every Indictment and presentment so found and certified into the Kings Bench, like Process and other circumstance shall be there had, and made against the offender, as if such Treason had been found to have been committed within the Realm: Also all Process of Outlawry within the Realm against such offender (being resiant out of the Realm at the time of the Outlawry pronounced) shall be as good in Law, as if such offender had been resident within the Realm at the time of the Process awarded, and such Outlawry pronounced.
VIII. Every such offender, being lawfully convict by presentment, confession, verdict, or process of Outlawry, shall forfeit to the King all such Lands, Tenements, and Hereditaments, which he shall have of any estate of inheritance in use or possession, by any Right, Title, or Means, within the Kings Dominions at the time of such Treason committed, or after.
IX. The Rights, Titles, Interests, Possessions, Leases, Rents, Offices, and other profits of all persons, their heirs and successors (except of the offenders, or others claiming to their use) are saved.
X. Stat. 33 H. 8.20. If any person commit High Treason when he is of perfect memory, and after accusation, examination, and consession thereof before any of the Kings Council, shall fall into Lunacy, he shall be enquired of in any County, where the King by his Commission shall assign; and if he be there indicted, he shall be there arraigned without his personal presence, and if he be found guilty, he shall suffer death, and forfeit, as if he had been [Page 562]of perfect memory. But this is altered by 1, 2. P. M. 20. which see after.
XI. If any person be attainted of High Treason by the Common Law, or Statutes of this Realm, such attainder by the Common Law shall be of as good force, as if it had been done by Parliament, and the King shall have as much benefit thereby, viz. of lands, tenements, hereditaments, goods, chattells, uses, rights, entries, conditions, possessions, reversions, remainders, and all other things of such offender, and shall be as well adjudged in actual and real possession of all such things of the offender, which the King ought lawfully to have or which the offender ought or might lawfully lose or forfeit, as if he had been attainted by the Parliament, without any Office or Inquisition to be found of the same.
XII. The right, &c. of all others (except of the offenders, &c.) is saved.
XIII. Stat. 35 H. 8.2. All Treasons, misprisions of Treason, and concealments of Treason, committed out of the Realm, shall be enquired, heard, and determined before the Justices of the Kings Bench, by lawful men of the County, where the Bench shall then sit, or before Commissioners in such County, as the King shall assign by lawful men of the same County, in like manner, as if the offence had been committed in the same Shire where it is so enquired, heard, and determined: But here a Peer shall be tryed by his Peers.
XIV. Stat. 1 E. 6.12. All former Statutes which make any offences Treason, or petty Treason, are repealed, save only what is so made by 25 E 3. Stat. 5. cap. 2. and by this Statute.
XV. It shall be High Treason to affirm by writing, printing, or Deed, that the King is not Supream Head of the Church of England and Ireland, or that any other is: But this clause is repealed by 1, 2. P. M. 8.
XVI. It shall be High Treason to interrupt any person to whom the Crown is limited, by 35 H. 8.1. But this is also expresly repealed by the general words of 1. M. Sess. 1.
XVII. If any compass to depose the King, or do affirm that he ought not to be King; for the first offence, he shall forfeit his goods, and suffer imprisonment at the Kings will; for the second, he shall lose the issues of his lands, during life, and suffer perpetual imprisonment, and for the third, shall be guilty of High Treason: But so much hereof as concerns Treason, petty Treason, or misprision of Treason, is also repealed by the general words of 1. M. Sess. 1.
XVIII. Stat. 5, 6 H. 6.11. It is High Treason to affirm by writing, [Page 563]printing, painting, carving, or graving, that the King is an Heretick, Schismatick, Tyrant, Infidel, or Usurper of the Crown, or rebelliously to detain from the King any of his Castles, Holds, Ships, Ordnances, Artillery, or other Fortifications of War: But this part of this Statute is repealed expresly by 1 M. Sess. 1.
XIX. Treason committed out of the Realm, shall be enquired of in such County, and before such persons, as the King shall appoint by Commission, and upon every Indictment and Presentment so found and certified into the Kings Bench; like process and other circumstances shall be there had, and made against the offender, as if such Treason had been found to have been committed within the Realm: Also all Process of Outlawry within the Realm against such offender (being resiant out of the Realm at the time of the Outlawry pronounced) shall be as good in Law, as if such offender had been resident within the Realm at the time of the Process awarded, and such Outlawry pronounced.
XX. If the party within one year after the Outlawry or Judgment given thereupon, yield himself to the Chief Justice of England, and offer to traverse the Indictment or Appeal, whereupon he was so outlawed, he shall be admitted to such traverse, and being thereupon acquit, shall be discharged of the Outlawry, and all forfeitures by reason thereof.
XXI. The offender in Treason, being lawfully convict thereof, shall forfeit to the King all such lands, tenements, and hereditaments, as he shall have of an Estate of Inheritance, in his own right, in use or possession, in the Kings Dominions, at the time of the Treason committed, or at any time after.
XXII. Concealment of Treason shall be deemed misprision of Treason. But quaere, whether this clause be not also repealed by the general words of 1 M. 1.
XXIII. None shall be attainted of Treason, but by the testimony of two lawful accusers, who shall be brought in person before the party accused, unless he will willingly without violence confess the offence.
XXIV. Here the right of all other is saved.
XXV. The wife shall lose her Dower, where the husband is attainted of Treason, so long as the attainder continues in force.
XXVI. Stat. 1 M. Sess. 1. No Act or offence shall be adjudged Treason, petty Treason, or misprision of Treason, but such as be declared to be so by 25 E. 3. Stat. 5. cap. 2.
XXVII. Stat. 1 M. Sess. 2.6. To counterfeit any forreign coin (made currant in this Realm) or the Queens Signet Manuall, [Page 564]privy Signet, or privy Seal, shall be adjudged High Treason: And all counsellors, procurers and abettors thereunto, shall also be deemed Traytors.
XXVIII. Stat. 1, 2 P. M. 10. Tryal of Treason shall be according to the course of the Common Law, and not otherwise.
XXIX. The right of all others is saved.
XXX. Concealment of High Treason shall be adjudged misprision of Treason, and shall incur punishment accordingly.
XXXI. Also in cases of High Treason, concerning coin, and for counterfeiting the King or Queens Signet, privy Seal, Great Seal, or Signet Manual, such tryal shall be observed, as heretofore hath been used by the Common Law.
XXXII. Stat. 1, 2 P. M. 11. If any person bring from beyond Sea into this Realm, or any of the Dominions thereof, any false and counterfeit coin of money, (allowed to be currant in this Realm) knowing it to be so, with intent to utter the same here by Merchandizing, or otherwise, both he and his accessaries shall be adjudged offenders in High Treason; and shall be adjudged and convicted, or attainted for the same by such evidence, and in such form, as hath been used within this Realm before the first of E. 6.
XXXIII. Stat. 5 El. 11. Clipping, washing, rounding, or filing, (for lucre sake) any of the proper moneys, or Coins of this Realm, or the Dominions thereof, or of forreign Moneys or Coins, (allowed to be currant here) shall be adjudged High Treason; and the offender herein, together with his accessaries, being thereof attainted, shall suffer death, forfeit all his goods, and his lands also, during life.
XXXIV. They who have any grant of forfeitures of lands, or goods, within any Liberty or Precinct, shall in this case also enjoy them.
XXXV. These offences make no corruption of bloud, nor forfeiture of Dower: And here tryal of a Peer shall be by his Peers.
XXXVI. Stat. 18 El. 1. If any person (shall for lucre sake) by any wayes or means whatsoever, impair, diminish, falsify, scale or lighten the Coins of these Dominions, or the Coins of any other Realms (allowed to be currant here, during the time they are so allowed) it shall be adjudged Treason, and the offenders therein, their Counsellors, Consentors, and Aiders, shall suffer death, forfeit all their goods and chattells, and their lands also, during life.
XXXVII. Howbeit, this offence shall cause no corruption of bloud, or forfeiture of Dower, and the tryal of a Peer shall be by this Peers.
[Page 565]XXXVIII. Stat. 29 El. 1. No Record of Attainder of Treason shall be reversed, where the party attainted is executed for the same offence.
XXXIX. Stat. 13 Car. 2. cap. 1. It shall be Treason in any persons whatsoever, during the Kings life, within the Realm, or without, to compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim, or wounding, imprisonment, or restraint of the person of the King, or to deprive or depose him from the stile, honour, or Kingly name of the Imperial Crown of this Realm, or of any other his Dominions or Countries, or to levy War against him, within or without the Realm, or to move or stir any forreiner or stranger with force to invade this Realm, or any other the Kings Dominions or Countreyes, being under his obeysance: And such compassings, Imaginations, Inventions, Devices, or Intentions, that any of them shall express, utter, or declare, by any Printing, Writing, Preaching, or Malitious, advised speaking, being legally convicted thereof upon the oaths of two lawful and credible Witnesses upon Tryal, or otherwise convicted or attainted by due course of Law; Every such person shall be adjudged a Traytor, and suffer pains of death, and forfeit as in cases of Treason.
Vide Title King, Numb. VII.
XL. Stat. 12 Car. 2. cap. 30. Oliver Cromwell deceased, Henry Ireton deceased, John Bradshaw deceased, and others attainted of High Treason for the horrid Murther of King Charles the first. Vide the Act at large.
XLI. Stat. 13 Car. 2. cap. 15. The pains, Penalties and forfeitures imposed upon the Estates and persons of certain notorious offenders, excepted out of the Act of Free and General Pardon, Indempnity, and Oblivion.

Trespass.

I. The Statute of Glocester. Cap. 8. 6 E. 1. Sheriffs shall plead pleas of Trespass in their Counties as they have been accustomed to be pleaded.
II. None shall have Writs of Trespass before Justices, unless he swear by his faith, that the goods taken away were worth 40 s. at least.
III. If he complain of beating, he shall answer by his faith, that his plaint is true; but for maims and wounds, a man shall have his Writ, as before hath been used.
[Page 566]IV. The Defendants in such pleas, may make their Attorneys, where Appeal lyeth not; so that if they be attainted of Trespass, being absent, the Sheriffs shall be commanded to take them, and they shall incur like pain, as they should have had, if they had been present at the Judgment given.
V. If the Plaintiffs in such Trespasses cause themselves to be Essoined after the first appearance, day shall be given them, till the coming of the Justices, and the Defendants in the mean time, shall be in peace.
VI. In such pleas and others, where attachments and distresses do lye, if the Defendant Essoin himself of the Kings service, and do not bring his warrant at the day given by the Essoin, he shall recompence the Plaintiffs damages for his Journey, 20 s. or more, at the discretion of the Justices, and besides shall be grievously amerced to the King.
VII. Stat. 43 El. 7. If any shall be convicted by his own confession, or by the Testimony of one Witness upon Oath, before one Justice of Peace, or Head-Officer, to have unlawfully cut and taken away any grain growing, robbed any Orehard or Garden, digged up, or taken away any Fruit-Trees, broken any hedges, pales, or other fences, cut or spoiled any woods or under-woods, standing and growing, or the like, or to have been accessary thereunto, shall for the first offence, pay unto the party grieved, such damages, and within such time, as by the said Justice, or Head-Officer, shall be appointed: And in case the party offending, shall not by the said Justice or Officer, be thought able to discharge the said damages, or shall not discharge them according to the Order, then shall the said offender be by them, or either of them (respectively) committed to the Constable, or other Officer of the place where the offence was committed, or the party apprehended, to be whipped; and for every other offence committed afterwards, and proved, as aforesaid, the party offending shall receive the like punishment of whipping.
VIII. The Constable, or other inferiour Officer that herein refuseth or neglecteth to do his duty, shall by any such Justice of Peace or Head-Officer, be committed to Prison without ball, till he whip, or cause to be whipped the party offending, as is above limited.
IX. No Justice of Peace shall execute this Statute for offences done to himself, unless he be associated with one or more Justices of Peace, whom the offence doth not concern.
X. Stat. 21 Jac. 16. pars inde. In all Actions of Trespass, Quare clausum fregit, wherein the Defendant, or Defendants, shall [Page 567]disclaim in his or their Plea, to make any Title to the land, in which the trespass is by the declaration supposed to be done, and the trespass be by negligence or unvoluntary, the Defendant or Defendants shall be admitted to plead a disclaimer, and that the Trespass was done by negligence or unvoluntary, and a tender of offer of sufficient amends for such Trespass before the Action brought, whereupon, or upon some of which, the Plaintiff, or Plaintiffs shall be forced to joyn issue, and if the said issue be found for the Defendant, or Defendants, or the Plaintiff or Plaintiffs be non-suited, such Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions, and all other suit concerning the same.

Triall.

I. Stat. 9 E. 3. Stat. 1. cap. 4. Whereas many be delayed in their Actions, for that the Tenants or Defendants plead in Barr a release, quit-claim, or other special Deed, made within a Franchise, where the Kings Writ runneth not; It is enacted, That when such Deeds are shewed forth in Bar of an Action, and bear date within a Franchise; Albeit the witnesses named in the Deed be of the Franchise, yet if the Deed be denied, Process shall be awarded in the Court where the Plea depends, to cause the Country and the witnesses to appear; and if the witnesses come not at the great distresses returned, notwithstanding such absence of the witnesses, the Justices shall not let to proceed to the taking of the Enquest, as well as if such Deed did bear date within the County, where the Plea was moved, and that the witnesses were of the same County.
II. Stat. 8 H. 6.29. The Statute of 28 E. 3.13. (which see in Staple) ordering that an Enquest shall be, De medietate linguae, where an Alien is party, is confirmed: And it is by this Act further declared, that the Statute of 2 H. 5.3. (which see in Jurors) doth onely extend to Enquests taken between Denizen and Denizen; so that an Alien may be put upon Enquests according to the Statute of 28 E. 3. albeit he have not lands of the yearly value of 40 s.
III. Stat. 20 H. 6.9. Trial of Dutchesses, Countesses, and Baronesses, for Treason or Felony, shall be as of Noble-men, Peers of the Realm, and not otherwise, notwithstanding the Statute of Magna Carta, cap. 9. which mentioneth men only to be tried by their Peers. See that Chapter of Mag. Cart. in Accusation.
IV. Stat. 4 H. 8.2. Pars inde. Where a Murderer or Felon (to delay his arraignment) pleads that he was taken out of a priviledged place, in a foreign County; and if it be alledged by the [Page 568]Kings Attorney (or some other in the Kings behalf) that he was taken in the County, where he is so to be arraigned, they shall be tryed by the Enquest, who are to try the Murder or Felony, and before the same Justice; and if it be found, that he was taken in the same County, such forreign plea shall do him no advantage or benefit.
V. Stat. 27 H. 8.4. Murders and Robberies committed by Pyrats upon the Sea, or in any other place, where the Admiral pretends jurisdiction, shall be inquired into, tryed, heard, and determined in such Counties and places within the Realm, as shall be limited by the Kings Commission, in like manner, as if such offences were done at Land. And such Commissions (being under the Great Seal) shall be directed to the Lord Admiral, his Lieutenant, or Deputy, and to three or four such others, as the Lord Chancellor shall name.
VI. The said Commissioners, or three of them, have power to inquire of such offences, by twelve lawful men of the County so limited in their Commission, as if such offences were done at Land within the same County, and every Indictment so found and presented, shall be good in Law; And such Order, Process, Judgment, and Execution, shall be used, had, done, and made thereupon, as against offenders for Murder, or Felony done at Land: Also the trial of such offences (if they be denied) shall be had by twelve men of the County, limited in the said Commission (as aforesaid) and no challenge shall be had for the Hundred: And such as shall be convict of such offences, shall suffer death without benefit of Clergy, and forfeit lands and goods, as in case of Felonies and Murders done at land.
VII. This Act shall not prejudice any person or persons (urged by necessity for taking Victuals, Cables, Ropes, Anchors, or Sails out of another Ship, that may spare them, so as they either pay ready money, or money-worth for them, or give a Bill for the payment thereof, viz. if they be taken on this side the Straits of Moro [...]ke, within four months; but if beyond, within twelve months.
VIII. When any such Commission shall be sent to any place within the Jurisdiction of the Cinque-Ports, it shall be directed to the Warden of the said Ports, or his Deputy, with three or four such other persons, as the Lord Chanceller shall name: And the Inquisition and Tryal of such offences there shall be made and had by the Inhabitants of the said Ports, and the members of the same.
IX. Stat 28 H. 8.15. This Act is verbatim the same with 27 H. 8.4. save only that it extends as well to Treasons and all other [Page 569]capital offences committed within the Admiral's Jurisdiction, as unto Felonies, Robberies, and Murders there done.
X. Stat. 33 H. 8.12. The manner of the Trial, and punishment of Murder and Blood-shed within the Kings Court. See the Statute at large.
XI. Stat. 33 H. 8.23. If any person, being examined before the Kings Council, or any three of them, upon any Treason, misprision of treason, or murder, doth confess the same, or by the said Council is vehemently suspected to be guilty thereof, in this case the King shall direct Commission of O [...]r and Terminer to such persons, and into such County or place as he pleaseth, for the speedy tryal, conviction, or deliverance of such offenders; And here, no challenge for the County or Hundred shall be allowed, but a Juror may be challenged, if he have not Freehold worth 40 s. per annum; in this case also trial of a Peer shall be by his Peers.
XII. Stat. 2, 3. E. 6.24. Where any is feloniously stricken or poysoned in one County, and dyeth of such stroke or poysoning in another County, an Indictment thereof found by Jurors of the County where he dyes, shall be as good in Law, as if the stroke or poysoning had been done in the County where the party so dyeth: And Justices of Goal-delivery, and Oyer and Terminer in the County where such Indictment is taken, as also the Justices of the Kings Bench, before whom such Indictment is removed, may proceed thereupon in all points, as if such stroke or poysoning, and death, had all happened in one and the same County.
XIII. Also an Appeal may be commenced, taken, and sued in the County where the party so stricken, or poysoned shall dye, as well against the principal as accessary, in whatsoever County such accessary be guilty thereof; And the Justices before whom such Appeal is prosecuted (within the year and day after the offence committed) shall proceed against every such accessary in the County, where such appeal is so taken in like manner, as if the offence of such accessary had been committed in the same County, as well concerning trial by Jurors, upon the offenders plea of not guilty, as otherwise.
XIV. Where any Murder or Felony is committed in one County, and more persons be accessary thereunto in another County, an Indictment found and taken against such accessary before Justices of Peace, or other Commissioners in the County where such person is accessary, shall be as good in Law, as if the principal offence had been committed in the same County.
[Page 570]XV. The Justices of Goal-delivery, or Oyer and Terminer, (or two of them) of the County where the party so became accessary, shall (upon request) write unto the Custos Rotulorum, where the principal shall be attainted or convicted, to certifie them whether the principal shall be attainted, convicted, or otherwise discharged; and then the Justices of Goal-delivery, Oyer and Terminer, or others authorized, shall proceed upon every such accessary in like manner, as if both the principal offence, and accessary had been committed in the County where the party so became accessary: and thereupon every such accessary shall answer upon his arraignment, and receive such trial, judgment, and execution, and suffer pains and forfeitures, as are used in other [...]ases of Felony.

Tunnage and Poundage. See Customes, &c. Numb. XXVII.

Vacations of Bishopricks.

I. Magna Carta, 33. 9 H. 3. PAtrons of Abbeys shall have the custody of them in time of Vacation.
II. Stat. Pro Clero. 4. 14 E. 3. Escheators shall preserve from waste and destruction, the possessions of Archbishopricks, Bishopricks, and other Prelacies during their Vacations, and the Chancellor and Treasurer shall demise them to the Dean and Chapter, or Prior, and Convent before any other, at a reasonable rate, without fine; but if they will not take them, then shall the said Chancellor and Treasurer cause them to be preserved by the said Escheators, or others, and the reasonable profits thereof to be answered to the King.
III. Stat. pro Clero, 5. 14 E. 3. This Chapter is also for demising them to the Dean and Chapter, or Prior and Convent, at as reasonable rate, and without fine, as before, and that the Escheator or other Minister shall not enter or molest them.

[Page 571]

☞ Vagabonds, Rogues, Beggars, and Poor People.

* I. Stat. 39 El. 4. Justices of Peace within every County and Corporation, have power in Sessions to give order for erection of Houses of Correction, and also for the maintenance and government of the same, and for the punishment of offenders, which shall be thither committed.
II. All Scholars and Sea-faring men which beg; All wandering persons which either beg, use unlawful Games and Playes, feign themselves to have skill in Physiognomy, Palmistry, or the like, or pretend to tell Fortunes; All persons that are, or pretend to be collectors for Goals, Hospitals, &c. All Fencers, Bearwards, common Players, and Minstrels wandring abroad, other than such as shall be authorized by Noble-men, under their hands and seals; All Juglers, Tinkers, Pedlars, and petty Chapmen wandring abroad; All Labourers which wander and refuse to work for wages reasonably taxed, having no living otherwise to maintain themselves; all persons delivered out of Goals, which beg for their Fees, or otherwise do travel begging, all which wander abroad begging, pretending loss by fire or otherwise; and all such persons (not being Felons) wandring and pretending themselves to be Egyptians, shall be adjudged Rogues, Vagabonds, and sturdy Beggars.
III. If any such Vagabond shall be taken begging, wandering, or misordering him or her self, he or she, by the appointment of any Justice of Peace, Constable, Headborough, or Tithing-man there, (the two last being assisted by the Minister, and one other of the Parish) shall be stripped naked from the middle upwards, openly whipped, till their body be bloody, and forthwith sent the next way from Parish to Parish, by the Officers of each Parish, towards the place of their birth: But if it cannot be known, then towards the place where they last dwelt, by the space of one whole year before such punishment; and if that cannot be known, then to the Town through which they last passed without punishment; and if it cannot be discovered where they were born, or last dwelt, as aforesaid, then are they to be conveyed by the Officer there, to the house of Correction, or common Goal of the County, to be imployed in work, or placed in some service, and so to continue by the space of one year; or in case they be not able in body, that Town is to keep them, till they may be placed in some Alms-house within the same County.
[Page 572]IV. After which whipping, the Vagabond shall have a Testimonial under the hand and seal of the said Justice, Constable, Head-officer, Tything-man, and Minister, or any two of them, testifying the day and place of his punishment, the place to which he is to be conveyed, and the time limited for his passage thither; which time, if by his own default he exceeds, he shall from time to time incur the like punishment, till he arrive at the place limited; the substance of which Testimonial, shall be registred by the said Minister in a Book provided for that purpose, in pain of 5 s.
V. If any such Rogue seem dangerous, or will not be reformed, two Justices of Peace, (one of Quorum) shall commit him to the house of Correction; and if at the next Quarter-Sessions by the more part of the Justices there, he shall not be thought fit to be delivered, he shall by them be banished; and at the charge of that County, shall be conveyed to such parts beyond the Seas, as shall by six, or more of the Privy Council for that purpose be assigned, whereof the Lord Keeper or Treasurer to be one; or otherwise adjudged to the Gallies of the Realm, as the said Justices shall think fit: And if a Rogue so banished return without license, he shall suffer as a Felon, to be tryed in the County where he shall be apprehended.
VI. If a Constable, Headborough, or Tything-man, be found negligent in the due execution of this Act, they shall forfeit 10 s. for every default; and none shall make rescous against any Officer, or hinder the execution of this Law, in pain of 5 l. and to be bound to the good behaviour.
VII. None shall transport such a Rogue out of Ireland, Scotland, or the Isle of Ma [...], (being born in any of these places) in pain to forfeit 20 s. to the use of the poor where he lands: And if any then shall be hereafter found in England or Wales they shall suffer punishment, and be conveyed the next way home, as aforesaid; or (in case they came by Sea,) to the place where they landed, from whence they are to be transported, at the charge of that County, to the place from whence they came.
VIII. No impotent poor person shall pass to the Bath, or Buxton, without being licensed to pass by two Justices of Peace where they dwell, and provided with relief, both for their journey and abode there, and shall also return within the time limited by their license, in pain to be reputed and punished as Rogues: and the City of Bath or Town of Buxton shall not be chargeable with any such.
[Page 573]IX. Justices of Peace of the Counties, shall not intermeddle in Cities or Corporations, but only the Officers of the same, who shall have like power there, as the said Justices have in Counties.
X. This Act shall not extend to restrain the power which the City of London hath in the Government of Saint Thomas Hospital in Southwark, or to prejudice any jurisdiction or inheritance of John Dutton of Dutton, in the County of Chester Esquire.
XI. The forfeitures and fines which shall accrue by this Act (other then that above otherwise limited) shall be imployed for the maintenance of houses of Correction, or the relief of the poor where the offence shall be committed, at the discretion of the said Justices of Peace, and may be levied by warrant under the hands and seals of two Justices of Peace, by distress and sale of goods: And here the confession of the offender, or proof by two witnesses before two such Justices shall be sufficient conviction.
XII. Two Justices of Peace, (one of Quorum) shall have full power to hear and determine all causes which may come in question by reason of this Act.
XIII. The Lord Chancellor or Keeper for the time being, shall have power to make Commissioners to enquire of money given towards the erection or maintenance of houses of Correction, stocks for poor, or other such like uses.
XIV. A Seafaring-man suffering shipwrack, not having wherewithal to relieve himself, and having a Testimonial under some Justice of Peace his hand and seal, near the place where he landed, declaring the time and place of his landing, the place of his dwelling or birth, unto which he is to pass, and the time limited for his passage, may in the direct way home, and within the time so limited for his passage, ask and receive necessary relief, without incuring the penalties of this Act.
XV. This Act shall not extend to children under seven years old, nor to glass-men, which travel without begging, by licenses under the hands and seals of three Justices of Peace, (one Quorum) of the County through which they travel.
XVI. Stat. 39 El. 17. Wandring Souldiers and Mariners, and all others, wandring as Souldiers or Mariners, which will not settle themselves to work, or have not a Testimonial under the hand of some one Justice of Peace near the place of their landing, setting down the place where they landed, the place whither they are to pass, and the time of their passage, or having a Testimonial, exceed the time therein limited, above fourteen days, or counterfeit Testimonial, or produce one which they know to be counterfeit, shall in [Page 574]all these cases, suffer as Felons, without benefit of Clergy.
XVII. Justice of Assize, Goal-delivery, and of Peace, in their Sessions, have power to proceed against these offenders, as in case of Felony without Clergy, unless some sufficient man (allowed by the Justices) will enter into Recognisance of 10 l. to the Queen, to retain the offender for one whole year, and to bring him to the next Sessions of Peace and Goal-delivery after the year ended. And if he within the year depart that service without license, he shall afterwards suffer as a Felon without Clergy.
XVIII. Souldiers and Mariners, which fall sick in their passage home, shall be excused, though they exceed the time limited in their Testimonial, so that they perform this Act in convenient time after their recovery.
XIX. If, when they come home, they cannot get work, the two next Justices (upon their complaint) shall take order, that they may be provided of work, or otherwise shall tax the whole Hundred for their relief, untill work may be had.
XX. The Souldier or Mariner (licensed by a Justice of Peace to whom he shall make his poverty known) having not wherewith to bear his charges home, may ask and take relief, so it be in his direct way home, and within the time limited by his license.
XXI. These offences shall cause no corruption of blood.
XXII. Stat. 1 Jac. 7. Noble Personages shall authorize none to go wandring abroad; and Glass-men shall be reputed and used as Rogues, notwithstanding the Statute of 39 El. 4.
XXIII. Instead of banishing an incorrigible Rogue, or committing him to the Gallies (as was ordained by 34 El. 4.) he shall in open Sessions be branded in the left shoulder with a burning iron, having a great Roman R. upon it as broad as a shilling: And from thence shall be sent to the place of his last dwelling; if that cannot be known) to the place of his birth: After which time if he offend again, he shall suffer as a Felon, without benefit of Clergy.
XXIV. Every person that seeth or knoweth any Rogue to beg, shall convey or cause him to be conveyed to the next Constable or Tything-man, in pain of 18 s. to be levied and imployed as the forfeitures of 39 El. 4. and in default thereof, then by the Lord of the Leet, or his officer, in like manner as the persons authorized by the said Statute should have levied and imployed the same. And here also if the Constable or Tything-man do not punish him according to that Statute, he shall forfeit 20 s. to be also levied and imployed, as by the same Statute is appointed.
[Page 575]XXV. This Act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire.
XXVI. Stat. 7 Jac. 4. There shall be an house of Correction provided in every Shire to set Rogues and other idle people to work.
XXVII. The Justices in Sessions shall from time to time appoint a Governour for the said house, who shall have power to set such Rogues and idle people to work, and to punish them by moderate whipping or putting fetters or gives on them; which rogues and idle persons shall not be chargeable to the Country, nor have other allowance than what they shall deserve by their own labour.
XXVIII. The said Justices shall at least twice every year within their several divisions (and oftner if need be) assemble and meet together for the better execution of this Statute, and some four or five dayes before their meeting, shall by warrant command the Constables and Tything-men of every Hundred, Town, and Hamlet, (being assisted with other sufficient men) to make a general privy search in one night within their several Precincts, for the finding and apprehending of Rogues, &c. and such as shall be found, to bring them to the said meeting, to be examined, punished, or sent to the house or houses of correction, there to be set to work.
XXIX. The said Constables and Tything-men shall appear at the said meeting, and there give an accompt upon oath in writing, under the Masters hand, testifying the Rogues, &c. they have taken in the last search, or since the last meeting, and how many have been punished, or otherwise sent to the house of Correction: Which if they neglect to do, or safely to convey such to the house of Cortection, as by the said Justices Warrant shall be committed thither, they shall incur what fine the said Justices shall please to set upon them, so it exceed not 40 s.
XXX. The Governors of the Houses of Correction shall have such a sum of mony yearly, as shall be thought fit by the more part of the Justices of Peace in Sessions, the same to be paid quarterly beforehand by the Treasurers of the County, the Governors giving security for their continuance in the said service.
XXXI. If any lewd woman have a Bastard which may be chargeable to the Parish, the Justices of Peace shall commit her to the house of Correction, there to be punished, and set to worke one whole year: And if she offend again, then is she to be committed again, there to remain till she put in good sureties for the good behaviour, and not to offend so again.
[Page 576]XXXII. Persons running away and leaving their charge to the Parish, shall be deemed and punished as incorrigible Rogues: And those that threaten so to do (it being proved by two witnesses upon oath before two Justices of Peace of the same division) shall be by the same Justices sent to the house of Correction, there to be punished as sturdy Rogues, (unless they put in sufficient Suteties to discharge the Town) and not to be delivered but at such a meeting, as aforesaid, or in open Sessions.
XXXIII. If the Governors shall not every Quarter-Sessions yield to the said Justices a true account of all such persons as shall be committed to their custody: or if they suffer any within their charge to make escape, or to be troublesom to the Country by going abroad, or otherwise, they shall incur what fine the same Justices in Sessions shall think fit to impose upon them.
XXXIV. All Fines which shall accrue by this Act (other then those already limited) shall be paid to the Treasurers of the County, and by them be accounted for.
XXXV. See Title, Poor, Numb. XLV. and XLVI.

Vestry-men. Vid. Religion, Numb. XXIII.

☞ Victual, Victuallers, Inholders and Hostlers.

* I. Stat. 12 E. 26. No person in any City or Burrough, which by reason of his Office ought to keep the Assizes of Wine and Victuals, as long as he shall be attendant upon his office, shall buy or sell Wines or Victuals, in pain to forfeit the same to the Kings whereof the prosecutor shall have the third part of the King's gift.
* II. Stat. 23 E. 3.6. All Butchers, Fishmongers, Regrators, Hostlers, Brewers, Bakers, Poulterers, and all other sellers of Victuals, shall sell the same at reasonable prizes, and for moderate gain in pain (upon proof of the contrary, before the Sheriff or the Kings Bailiffs, or before the Constables of the place, by the evidence of two true men) to forfeit the double value thereof to the party damnified, or (in his default) to him that will sue for the same: And all Majors, and Head-officers of Corporations have like power, and upon neglect of their duty herein, shall forfeit the treble value thereof to the party or prosecutor, as aforesaid; and besides shall incur [Page] [Page] [Page 577]a fine to the King, to be imposed by the Justices to be assigned by the King.
* III. Stat. 31 E. 3.10. Every man that bringeth victual to London may freely sell the same without the interruption or impeachment of any.
IV. The Mayor and Aldermen of London may rule and redress the defaults of Fishmongers, Butchers, and Poulterers, as they do of such as sell beer, ale, or wine, notwithstanding any Franchise, Statutes, Custome, or other priviledg to the contrary: And they shall put the same in due execution, upon the pain ordained by the Statute of 28 E. 3.10. which see in London.
* V. Stat. 6 R. 2. Stat. 1.9. No Victualler in London, or any other City, Burrough, or Port of the Sea, shall exercise any judicial office there, and in case any be chosen in the places aforesaid in such office he shall forbear to use victualling, during the time he exerciseth such office, in pain to forfeit the victuals sold.
VI. Stat. 6 R. 2.10. Aliens (being in amity with the King and Realm) may bring in victual, and sell the same in gross, or by retail without the impeachment of any: See Stat. 11 R. 2.7. 1 H. 4.17. 14 H. 6.6.
* VII. Stat. 7 R. 2.11. All Vintners and Victuallers, as well Fishmongers as other comming with their victuals to London, shall be under the governance of the Mayor and Aldermen of that City, as hath been heretofore used.
* VIII. Stat. 13 R. 2.8. Victuallers shall sell their victuals at such reasonable prizes, as shall be set down by the Justices of Peace in two of their Sessions to be holden betwixt Easter and Michaelmas, in pain to be punished at the discretion of the said Justices, where no pain is already limited in certain.
IX. And here Sheriffs, Stewards, Mayors, Bailiffs, and all others which have power to keep Assize of Bread and Ale, shall take no fine or Amerciament for any default touching the Assize, for which the offender ought by Law to have bodily punishment.
* X. Stat. 23 H. 6.13. Justices of Peace shall twice every year cause all Statutes concerning Victuallers (before this time made) to be openly proclaimed in Sessions.
* XI. Stat. 12 E. 4.8. No person (other then Mayors, Bailiffs, Lords of Leets, or others in point of Charter) shall execute any office of searching or surveying of Wine, Ale, Beer, or any other [...]tual, or of the correction of breaking the Assize thereof, in pain [...] forfeit 40 l. to be divided betwixt the King and the prosecutor. [Page 578]And all Letters Pattents of the King granted for that purpose shall be void.
* XII. Stat. 3 H. 8.8. When a Victualler (in a City or Corporation) is chosen to bear an Office, by reason whereof he ought also to have the Assizing of victual, during that time, two other (being no victuallers) shall be joyned and sworn with him, truly to assess and set prizes and assizes of victual there, and they shall be sold accordingly: but here the Officers in London, York, and Coventry are excepted.
* XIII. Stat. 25 H. 8.2. The prizes of victual in all places (except Corporations) shall be assessed by the Kings Councellors, Justices of either Bench, and some other great Officers: For which see the Statute at large.
XIV. Provided, that Head-officers in Corporations and others (having authority to prize victual) may still assess the prizes thereof, as if this Statute had not been made.
XV. No Corn, Beefs, Muttons, Veals, Porks, or other victual shall be transported beyond Sea, except for victualling of Ships, and barrelled butter, and meal to be earried into Island, in pain to forfeit the value thereof, to be divided betwixt the King and the prosecutor.
XVI. Stat. 2, 3 E. 6.15. Butchers, Brewers, Bakers, Poulterers, Cooks, Costermongers, or Fruiterers, which conspire or promise together, that they will not sell their victuals, but at certain prizes, shall forfeit for the first offence 10 l. to the King: and if they pay it not within six dayes after conviction, they shall suffer twenty dayes imprisonment, and during that time shall have no sustenance but bread and water: for the second offence they shall forfeit 20 l. and that not paid within six dayes, as aforesaid, shall suffer the pillory: And for the third offence shall forfeit 40 l. and that not paid within the time above limited, shall again suffer the Pillory, lose one of their ears, and be ever after taken as men infamous, and not to be credited: and if such conspiracy be acted by the major part of a Company of such victuallers, their Corporation shall be thereupon dissolved.
XVII. Justices of Peace, Mayors, Bayliffs and Stewards, in Sessions, Leets, and Courts have power to hear and determine these offences.
* XVIII. Stat. 1, 2 P.M. 5. None shall transport beyond sea, or into Scotland any corn or grain of English growth, or malt made there, or any beer, butter, cheese, herring, or wood without lawful [Page 579]authority; in pain that the owner of the vessel in which they are so transported shall forfeit his vessel; the owner of the said Commodity so transported, the double value thereof; and the Master and Marriners, all their goods, and suffer a years imprisonment without bail: Neither shall any convey by any vessel any of the aforesaid commodities to any other Ship or Vessel to be transported, in pain to incur the like forfeitures and penalties.
XIX. The one moyety of the said forfeitures shall accrue to the King and Queen, and the other to the prosecutor.
XX. In case the King and Queen, their heirs or successors grant license to transport such commodities, the licensed shall not transport more then the license allows, in pain to forfeit the treble value thereof, and to suffer a years imprisonment without bail: And such license, shall ship the said commodities at one and the same place, in pain to forfeit all his goods and chattels, to be divided as followeth, viz. the one moyety to the King and Queen, and the other to the prosecutor.
XXI. Justices of the Peace have power to examine all offenders against this Act, and to hear and determine (by the oaths of 12 lawful men) the offences committed against the same.
XXII. Provided, that when wheat shall not exceed the price of 6 s. 8 d. Rye of 4 s. and Barley of 3 s. 4 d. the quarter, it shall be lawful to transport them, notwithstanding this Act: Neither shall this Statute impeach the necessary victualling of Ships, or the Admirals Jurisdiction: Howbeit, as to the transportation of Corn, this Statute hath since been divers times altered by sundry subsequent Acts, viz. 13 El. 1 Jac. 25. and 21 Jac. 28. and last of all, by 3 Car. 4. which see in Corn, and so it stands at this day.
XXIII. Stat. 21 Jac. 21. The Statute of 32 H. 8.41. together with other Statutes coneerning horse-bread is repealed.
XXIV. Inholders and Hostlers shall make no horse-bread; shall sell their hay, provender, and victuals at reasonable prizes, and shall take nothing for litter.
XXV. This Act shall not restrain those that dwell in a Thorow-fair (which is no Market-town, and wherein there is no Baker) to make horse-bread, according to the just assize.
XXVI. Justices of Oy [...]r and Terminer, Justices of Peace, Sheriffs in turns, and Stewards in Leets, have power to hear and determine these offences.
XXVII. If any Inholder, or Hostler, which hath power (by this Act) to make horse-bread, observe not the Assize, or if he or any other offend this Law in any other kind whatsoever; for the first [Page 580]offence they shall be fined, for the second suffer a months imprisonment without bail, for the third be set upon the Pillory, and for the sourth, shall be fore-judged from ever keeping an Inne again.

View.

I. West. 2.48. 13 E. 1. View of Land shall not be granted, but where it is necessary: for example, if one lose land by default, and afterwards moveth for a Writ to demand the same Land; or when one by an exception dilatory abateth a Writ after view had, as by non-tenure, misnaming of the Town, or the like; In these cases, upon purchase of another Writ, view shall not be granted, if he had view in the first Writ: so in a Writ of Dower, when the Dower in demand is of Land, which the husband aliened to the Tenant, or his Ancestors, whereof the Tenant ought not to be ignorant: Here, albeit the husband dyed not seised, yet view shall not be granted to the tenant: Also in a writ of entry, which abated, because the Demandant misnamed the entry; here, if the demandant purchase another Writ of Entry, the tenant having had view in the first Writ shall not have it in the second: Likewise, in all Writs, where Lands are demanded by reason of a Lease made by the demandant or his ancestor to the tenant himself, being within age, non compos mentis, in prison, or the like, view shall not be granted, but if the demise were made to his ancestor, view shall lye, as hath been heretofore used.
II. Stat. De visu terrae, & Essoin de servitio Domini Regis 12. E. 2. View shall be granted in a writ of ward, of customs and services, of Advowson of a Church (viz. when there be more Churches then one in a Town, and all of one Saint) of Dower to be assigned, and of Nuper obiit.

Villenage.

I. The Statute of Purveyors, cap. 18. 25 E. 3. Notwithstanding adjournment made in Eyre, by writ, de libertate probanda, purchased in favour of Villeins to delay their Lords in their Actions for such Villeins, the Lord may in all Writs plead the exception of Villenage against them, whether such Writ were purchased by deceit, or otherwise: The Lords also may seize their bodies, as well [Page 581]as they might have done before such Writs de libertate probanda purchased.
II. Stat. 38 E. 3.17. No Writ shall be abated by exception of Cognizance of Villenage, if the Demandant or Plaintiff will aver, that the party alledging the exception was free the day of the Writ purchased.
III. Stat. 9 R. 2.2. Because divers Villeins and Neifs did fly to London, and other enfranchised places, and there did feign divers suits against their Lords, with intent to make themselves free by their Lords answers, it was ordained, that from henceforth no Lord should be barred of his Villein because of his answer in Law.

Union and severing of Churches.

I. Stat. 37 H. 8.21. An Union or Consolidation of two Churches in one, or of a Church and a Chappel in one, the one of them not being above the yearly value of 6 l. in the Kings books, nor distant from the other above a mile, may be had and made by the assent of the Ordinary, the Incumbents, and all such as have a just right, title, and interest to the Patronages thereof, being of full age: And all such Union and Consolidation shall remain as good in Law, as if it had been so declared by writing under the seals of such Ordinary, Incumbents, and Patrons.
II. All such Unions heretofore made, are confirmed: Howbeit, the Kings tenths and First-Fruits of such Churches and Chappels already, or hereafter to be so consolidated, are saved.
III. Such consolidations shall not be in Corporate Towns without the consent of the Magistrates thereof, declared in writing under their Common Seal.
IV. Provided, that where the Inhabitants of any such Parish, or the more part of them, within a year after such Union, by their writing sufficient in Law, shall assure the Incumbent there and his successors so much money yearly, which together with the value thereof in the Kings books shall amount to 8 l. that then such union shall be void: Howbeit, this proviso shall not extend to any such Union made before this Statute.
V. Stat. 1 E. 6.9. An Act for uniting certain Churches in York, with divers clauses concerning that matter.
VI. Stat. 1 M. Parl. 1.14. An Act for re-edifying the Church of St. Ellens in Stangate in York, which was demolished by the former Statute. See these Statutes at large.

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Universities.

I. Stat. 2, 3 P. M. 15. No Purveyor, Taker, Badger, Loader, or other Minister shall take or Bargain for any Victual or Grain in the Markets of Oxford or Cambridg, or in any part of the said City and Town, or within five miles compass of either of them without the consent of the owner, nor shall take away or bargain for any such commodity bought or provided within the said five miles by any common Minister of any Colledg or Hall there to be spent in such Colledg or Hall, in pain to forfeit the quadruple value thereof, and to suffer three Monthes imprisonment without bail.
II. The Chancellor, or Vice-Chancellor, or his Commissary in either of the said Universities with two Justices of Peace of the County adjacent have power to inquire, hear, and determine the said offences.
III. The forfeitures shall be divided betwixt the University where such offence is committed, and the prosecutor, and may be recovered in any Court of Record, or before the said Chancellor, Vice-Chancellor, or Commissary, and two Justices.
IV. This Act shall be suspended during the Queens presence, her Heirs and Successors, or within seven miles distance therefrom.
V. The Liberties of the Mayors, Bailiffs, and Communalties of Oxford and Cambridg are saved.
* VII. Stat. 13 El. 21. No Purveyor, Taker, Badger, Loader, Poulterer, or other Minister of the Queen, her heirs and successors, shall take or Bargain for any grain or other victual in either of the said Universities, nor within the compass of five miles from either of them, without licence of either of the said Chancellors or Vice-Chancellors, in writing under the seal of their Office, and not otherwise then as in the said licence is expressed, and so as the same give unto them no further power then they may lawfully use in other parts of the Countrey without the said five miles: neither shall they take away or bargain for any such commodity bought and provided for any Colledg or Hall to be spent within the same without such licence, as aforesaid, upon such pains and forfeitures, as by the Statute of 2, 3 P. M. 15. are ordained, and to like uses as are therein limited.
VII. The said Chancellors or Vice-Chancellors, with two Justices of Peace of the Universities, City, Town, or County, shall inquire, [Page 583]hear and determine the said offences, as by the Statute of 2.3. P. M. is appointed.
VIII. If any person within the said five miles, refuse to serve the Universities, then it shall be lawful for the Queens Purveyors to provide for the Queens use, any corn or victual of any such person within the said five miles, as shall be declared to the said Purveyors, to be persons not worthy of the said priviledge, for not serving the Universities, by the Chancellor or Vice-Chancellor, with the consent of two such Justices as aforesaid, under the hands and seals of the said Chancellor, or Vice-Chancellor, and two Justices, in such sort as the said Purveyors lawfully may in any other place without the said five miles, and not otherwise.
IX. This Act shall be in suspence, during the Queens presence there, or within seven miles distance.
X. The Liberties of the Majors, Bailiffs, and Communalties of Oxford and Cambridge are saved.

Voucher.

I. Marlbr. 29. 52 H. 3. None vouched to Warranty before Justices in Eyre, in plea of land, shall be amerced, because he was not present, when he was vouched, except it be the first day of the comming of the Justices; but if the party be within the County, the Sheriff shall cause him to come in within three or four dayes; and if out of the County, he shall have summons of 15 dayes at least.
II. West. 1.39. 3. E. 1. In Writs of Possession, as Mortdancester, Cosinage, Ayel, nuper obiit, intrusion, or the like, whereby land is demanded, which ought to descend, revert, remain, or Escheat by the death of any Ancestor, or otherwise, if the tenant vouch to Warranty, and the demandant will counter-plead him, and aver, by assize or by the Countrey, as the Court shall award, that the tenant or his Ancestor (whose heir he is) was the first that entred after the death of him, of whose seisin he demandeth, this averment shall be received, if the tenant will abide thereupon; but if not, he shall be compelled to another answer, unless he have his Warrantor present, who will immediately enter into the Warranty: And then also, the demandant may have the like exception against the Vouchee, as he had against [...]he first tenant.
III. In a Writ of Entry in the degrees none shall vouch out of the line.
IV. In Writs of right and of possession (as before) it is also a good counter-plea, that neither the Vouchee nor his Ancestors had [Page 584]ever seisin of the land, or any thing in the services by the hand of the tenant or his ancestors, from the time of the seisin, whereof the demandant declares, until the Writ purchased, so that he might a feofment make to the tenant or his ancestors; and this averment of the demandant shall be also received, if the tenant will abide thereupon; but if not, the tenant shall be compelled to another, as before, unless the Vouchee be present, and will immediately enter into Warranty, and then also the demandant may have like exception as before.
V. If the Tenant have a deed, that comprised Warranty of another man, his recovery by a Writ de Warrantia carta, out of the Chancery shall be saved to him: howbeit the plea shall not be delayed by reason thereof.
VI. The Stat. of Glocester 12. 6. E. 1. If a man impleaded for a tenement in London, vouch a foreigner to Warranty, he shall have a Writ out of the Chancery, to summon the Warrantor at a certain day before the Justices of the Bench, and another to the Mayor and Bailiffs of London, to surcease the matter before them, until the plea of the Warranty be determined in the Bench, and when the plea at the Bench shall be determined, then shall the Vouchee be commanded to go into the City to answer the chief plea, and a Writ shall also be awarded at the Demandants suit by the Justices to the Mayor and Bailiffs, to cause them to proceed in the plea: And if the Demandant recover against the tenant, the tenant shall come before the Justices of the Bench, who shall direct a Writ to the Mayor and Bailiffs, to cause the land so lost by the tenant to be extended and valued, and to return that extent at a certain day unto the Bench, and after the Sheriff of the County (where the Warranty was summoned) shall be commanded to deliver to the Voucher land of the Vouchee answerable in value to the land that the Voucher hath lost: See a correction and some inlargement of this Statute, 9 E. 1.
VII. West. 1.6. 13. E. 1. As the tenant shall lose the land in demand, in case where his Vouchee dischargeth himself of the Warranty, so also shall the Vouchee lose, where he denieth the Warranty, and it be tried against him: Also, where an Enquest is depending between the tenant and his Vouchee, and the Demandant will require a Writ to cause the Jury to come, it shall be granted him.
VIII. The Statute of Vouchers, 20 E. 1. This counterplea of Voucher, viz. that neither the Vouchee nor his Ancestor [...], had ever any thing in the land, so that he might a feofment make with Warranty, [Page 585]shall be received, albeit the Vouchee be ready to enter into Warranty.
IX. Stat. 14 E. 3.18. Where the tenant voucheth to Warranty [...] dead-man, the Demandant shall be received, to aver, that the Vouchee is dead, and that there is none such.

Upholsters.

* I. Stat. 11. H. 7.19. None shall put to sale in Fairs or Markets any Featherbeds, Bolsters, or Pillows, except such as are stuffed with one sort of stuff, viz. dry pulled feathers, or clean down, and not with scalded feathers, fen-down, or any other unlawful corrupt stuff, in pain to forfeit the same: Howbeit any (for their private use) may make or cause to be made any such unlawful stuff or wares, so as the same be not exposed to Sale in Fairs or Markets, upon the like pain.
II. Also Quilts, Mattresses, and Cushions, shall be stuffed with one sort of stuff only, viz. clean wooll, or clean flocks, and not with horse-hair, Fen down, Nets-hair, Goats hair, or other unlawful stuff, in pain to forfeit the same.
* III. Stat. 5. 6 E. 6.23. None shall make (to the intent to sell or offer to be sold) any Fether-bed, Bolster, or Pillow, except the same be stuffed with dry pulled feathers or clean down only, without mingling of scalded feathers, Fen-down, Thistle-down, Sand, Lime, Gravel, or other unlawful or corrupt stuff, in pain to forfeit the same (so offered to be sold) or the value thereof.
IV. None shall make (to the intent to sell or offer to be sold) any Quilt, Mattress, or Cushions, stuffed with any other stuff, then feathers, wool, or flocks alone, in pain to forfeit the same (so sold or put to sale) or the value thereof.
V. The Forfeitures aforesaid are to be divided betwixt the King and the Prosecutor.

Uses.

I. Stat. 1. R. 3.1. All grants, conveyances, recoveries, and other assurances made by Cestuy que use (being of full age, compos mentis, and at large) shall be good against him, and all others claiming as his heir or heirs or to his use: But here, the right of all others is saved.
II. Stat. 1. H. 7.1. The Demandant in a Formedon (in descender or remainder) may have his Action against the Pernor of the [Page 586]profits, and such Pernor shall have such Voucher, Lyen, aids, prayer, and all other advantages as he should have if he were tenant indeed, or his Feoffors should have, if the action were brought against them: And if such Pernor happen to die, his heir being within age, his heir shall also have his age, and all other advantages, as if his ancestor had died seised of the land in demand: Also all recoveries had against such Pernors, their Heirs or their Feoffees, or Cofeoffees and their heirs, shall be as good as if such Pernors were tenants indeed, or feoffees to their use, at the time of such actions brought.
III. Stat. 3. H. 7.4. All Deeds of gift of goods and Chattels made in trust to the use of the grantor shall be void.
IV. Stat. 19. H. 7.15. The Sheriff or other Officer having a Writ to execute upon lands against any person upon any Judgment, Statute, or Recognisance, may deliver Execution to the Plaintiff of all lands and tenements whereof any other is seised to the use of him, against whom execution is so sued.
V. Also the heir of Cestuy que use of land in soccage, shall pay relief, Herriot, and all other duties to the Lord of the Fee, as if his ancestors had died seised thereof.
VI. Howbeit, upon such execution served, as aforesaid, Cestuy que use shall have all such advantage as he might have, if he were seised of the land.
VII. Cestuy que use being a bond man, the land may be seised by his Lord.
VIII. Stat. 27. H. 8.10. Where any person or persons stand or be seised of any Honours, Mannors, Lands, Tenements, Rents, Services, Reversions, Remainders, or other Hereditaments, to the use, confidence, or trust of any other person, or persons, or of any body politick, by reason of any bargain, sale, feofment, fine, recovery, covenant, contract, agreement, will, or otherwise: In every such case, every such person and persons, and body politick, having such use, con [...]dence or trust, in fee-simple, fee-tail, for life, or years, or otherwise, or any use, confidence, or trust, in remainder, or reverter, shall stand and be seised, deemed and adjudged in lawful seisin, estate, and possession of and in the Honours, Castles, &c. with their appurtenances, of and in such like Estates, as they have in use, trust, or confidence, of or in the same: And the estate, title, right, and possession of such person or persons, as are seised of any Lands, Tenements, or Hereditaments, to the use, confidence, or trust of any such person or persons, or body politick, shall be deemed and adjudged to be in him or them, that have such use, [Page 587]confidence, or trust of any such quality, manner, form, and condition, as they had before, in or to the use, confidence, or trust, that was in them.
IX. When divers persons are so seised to the use, confidence, or trust of any of themselves, they amongst them that have such use, or trust shall likewise have the seisin, estate, and possession, in such quality, manner, and condition, as they had the use or trust.
X. Howbeit, the right, title, &c. of all other, (except of the persons so seised to any use or trust) is saved, and all former right, title, &c. is also saved to them.
XI. Where any be seised to any use or intent, that another shall have a yearly rent out of the same lands, Cestuy que use of the rent shall be deemed in the possession thereof, of like estate as he or she had that use, and shall distrain for non-payment of the said rent, and make Avowries, Conusances, and Justifications, and use all other remedies therein, as if the said rent had been actually granted to such Cestuy que use.
XII. Where an estate is made in possession or use to husband and wife, and his heirs or the heirs of their two bodies, or of one of their bodies, or to them for their lives, or for the wives life for her Joynture, in any of these cases, she shall not have dower: Howbeit, upon a lawful eviction of that Joynture, she shall be endowed, according to the rate of her husbands land, whereof she was dowable.
XIII. Such a Joynture being made after Marriage, the wife (after her husbands death) may refuse it, and betake her to her dower, unless such Joynture be made by Act of Parliament.
XIV. Provided, that this Act shall not extinguish, release, discharge, or suspend any Statute, Recognizance or other bond, by the execution of any estate setled by force of this Act.
XV. All Wills and Testaments heretofore made, or hereafter to be made before the first of May 1536. shall be good in law, in such manner, as they were commonly taken and used within 40 years before the making of this Act.
XVI. The King shall not take advantage by occasion of the executing of any estate by Authority of this Act, before the first of May, 1536. viz. by having or demanding any primer seisi [...], livery, Ouster le main, fine for alienation, relief, or Herriot: but after that time fines for alienations, reliefs, and herriots shall be paid to the King, and also liveries, and Ouster le mains shall be sued for uses, trusts, and confidences, which shall be from thenceforth made and executed [Page 588]in possession by force of this Act, neither shall any other Lord demand or take any fine, relief, or herriot, by occasion of this Statute, before the said first of May, 1536.
XVII. This Act shall not be prejudicial to any person or persons born in Wales or the Marches thereof, who have any estate to them, executed by force of this Act, in any lands in this Realm, whereof any other person now stands seised to their use; but such person or persons born there may lawfully have and keep all such lands by authority of this Act, according to the tenor thereof.

☞ Usury.

* I. Stat. 37 H. 8.9. None shall sell his wares or merchandize to any, and within three months after buy the same again at a lesser price, knowing them to be the same wares, or buy any corrupt bargain of wares, money, or other thing, or buy any Mortgage of land, and take in gain, for giving day of payment, more then according to the rate of 10 l. per centum for one whole year, in pain to forfeit the treble value of the profits of such lands mortgaged, to be divided betwixt the King and the prosecutor, and besides, shall suffer imprisonment, and make fine at the Kings will.
II. Stat. 13 El. 8. All Bonds, Contracts, and Assurances upon Usury, in lending or doing any thing contrary to the Statute of 37 H. 8.9. shall be void, and all Brokers and Soliciters thereof, shall be adjudged and used as Counsellors, Attorneys, or Advocates, in any case of Praemunire.
III. He that takes no more then after the rate of 10 l. per centum or less, shall only forfeit the interest, to be recovered and imployed as the forfeitures of 37 H. 8.9.
IV. Justices of Oyer and Terminer, of Assize, and of Peace in their Circuits and Sessions, and Mayors, Sheriffs, and Bailiffs of Cities, have power to hear and determine all offences committed against 37 H. 8.9.
V. The Statute of 37 H. 8.9. shall be construed largely and strongly against the party offending by any way or device directly or indirectly.
VI. This Act shall not extend to any allowances or payments for the finding of Orphans, according to the ancient rates of London, or of any other City where order is taken for their custody and goods, as in London.
VII. The offender against the Statute of 37 H. 8.9. may also be punished by the Ecclesiastical Laws.
[Page 589]VIII. Stat. 21 Jac. 17. None shall upon any contract, directly or indirectly take for the loan of any money or other commodities above the rate of 8 l. per centum, for one whole year, in pain to forfeit the treble value of the money, or other things lent.
IX. No Scrivener, Broker, or Solicitor, shall take or receive directly or indirectly for Brokage above the rate of 5 s. for the loan of 100 l. for one whole year, nor above 12 d. for making a Bond, in pain to forfeit 20 l. to be divided betwixt the King and the prosecutor, and also to to suffer six moneths imprisonment.
X. Stat. 12 Car. 2. cap. 13. None shall upon a contract directly or indirectly take for the loan of any money, wares, merchandises, or other Commodities above the rate of 6 l. per Cent. for loan of a 100 l. for a year, and so proportionably upon pain to forfeit treble the value of the money or other things lent.
XI. No Scrivener, Broker, or Solicitor, shall take or receive for brocage above the rate of 5 s. for the loan of 100 l. for a year, nor above 12 d. for making a bond, upon pain of forfeiture of 20 l. to be divided between the King and the prosecutor, and to suffer half a years imprisonment.

Wager of Law.

I. Magna Cart. 28. 9 H. 3. NO Bailiff shall put any man to his open Law, or to an oath, upon his own bare saying, without faithful witnesses brought in for the same.
II. Stat. 38 E. 3.5. Any man may wage his Law (by sufficient people of his condition) against Londoners papers, and the Creditor shall take surety otherwise, if he please, but shall not put the party to plead to the Enquest, unless he will so do of his own accord.
III. Stat. 5 H. 4.8. In Actions of debt upon the arrearages of an account, feigning (to the intent to put the Defendants from their law) that the same was found before their Apprentices or servants, as Auditors assigned therein, it shall be in the Judges discretion upon examination of the Attorneys (or whom else they please) to receive the Defendants to their law, or to try the same by Inquest.

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☞ Wales.

I. The second Volume of the Book of Old Statutes is a long Act made Anno 12 E. 5. entituled, Statuta Walliae, whereby it appeareth, that Wales was then incorporated and united to England, and there you shall also find many good Laws concerning the division of Wales into Counties, Trials and Division of Actions, together with divers forms of Writs, and the proceeding thereupon much like to the Laws of England; For all which, see there that Act at large.
II. Stat. 28 [...]. 3.2. All Lords of the Marches of Wales shall be perpetually attending and annexed to the Crown of England, as they and their Ancestors have been in times past, and not to the Principality of Wales, in whose hands soever the same shall come.
III. Stat. 9 H. 4.4. No Thief or Felon in Wales (openly known) shall be suffered to disclaim out of the Seigniory, where the Felony was committed. But such manner of disclaimer, shall be from henceforth utterly put out: and such Thieves shall be put to answer to Indictments and other accusations in the Seigniory, where they are taken, without being delivered by disclaiming or Letters of Marque.
IV. Stat. 2 H. 5. Stat. 2.5. If a Welsh-man that doth forcibly take and detain an English-man until he be ransomed, will not upon process awarded against him by the Justices, appear and answer the same untill he be outlawed; the Justices shall certifie the same under their seals to the Officers of the Seigniories, where such outlaw is, who shall apprehend and do execution upon him, according to the Law. But this is now altered by 27 H. 8.26. which see after.
V. Stat. 26 H. 4.8. Forthwith upon the charge given to an Enquest in Wales, or the Marches thereof, upon any traverse against the King, or trial of any recognizance broken, or any forfeiture due to the King, or upon trial of any murderer, felon, or accessary, an officer or other person shall be deputed and sworn in open Court for the true keeping of the Jurors, who (without special order of the Court) shall not suffer them to have any bread, drink, meat, fire, or light, nor to speak to any person whatsoever; nor speak to them himself, before they are agreed upon their verdict, unless it be only to ask them, whether or no they are agreed; and all this such [...] Keeper shall observe, in pain to be imprisoned and fined, at the discretion of the Court.
[Page 591]VI. Here, if the Jurors give any untrue verdict against the King, contrary to good and pregnant evidence, or otherwise misdemean themselves, the Lord President and Council (upon complaint thereof) have power to convent them before the said Council, and to punish them at their discretions.
VII. ☞ Stat. 26 H. 8.6. All persons dwelling in VVales or the Marches thereof, upon warning of any Court to be kept within their respective limits, shall appear there in proper person to do their service in pain of such Fines, forfeitures, and amerciaments, as shall be assessed upon them by the respective Courts, where they owe such service, to be levied by distress, to the use of the King within his Lordships there, and of other Lords marchers within theirs.
VIII. If any Steward or other Officer there do feign any untrue surmise against any person that shall so appear, as aforesaid, and thereupon commit him to prison, contrary to Law, or the custom of that Lordship, the Commissioners or Council (upon complaint) have power to send for such Steward or Officer, and if upon good proof it be found that the party was so imprisoned without lawful cause, they shall assess such Steward or Officer to pay him 6 s. 8 d. for every day of his imprisonment, or more at their discretions, as the damage shall deserve; the Commissioners shall also fine him to the Kings use, whether he appear or not, and may compell him by imprisonment to pay such fines and penalties both to the King and the party grieved.
IX. None in VVales or the Marches thereof, coming to any Sessions or Court there, shall bring or cause to be brought thither, or to any other place within two miles thereof, or to any Town, Church, Fair, Market, or other Congregation, except upon a Hue and Cry, or into the High-way, affray of the Peace of the Kings People, any Bill, Low-Bow, Cross-bow, hand-gun, Sword, Staff, Dagger, Halbert, Morespike, Spear or any other Weapon, Privy Coat or Armour, in pain to forfelt the same, unless it be by the command or license of the Justices, a Steward, or other Officer, or of the Commissioners or Council there.
X. None, without the Commissioners license in writing, shall there, or in the Counties thereto adjoyning, require or levy any Commorth Bydal, Tenants Ale, or other collection, or exact any money, goods, or other thing, under colour of marriage or suffering of their children saying or finging their first Masses, or Gospels of any Priests or Clerks, or for the redemption of any murder or other felony, or for any other cause whatsoever, or shall make or procure [Page 592]to be made any games of running, wrastling, leaping, or any other games, the game of shooting only excepted, in pain to suffer a years imprisonment, and to be fined at the discretion of the Commissioners, who shall by this Act have power to hear and determine the said offences: Neither shall any cast any Arthell into any Court there, by reason whereof it may be letted or discontinued at that time, in pain to suffer a years imprisonment.
XI. Courts in Wales, and the Marches thereof, shall be kept in the most sure and peaceable places of each Lordship Marcher, where the Justice, Steward, or other Officer thereof shall appoint.
XII. Justices of Peace and Goal-delivery in the Counties next adjoyning to VVales, where the Kings Writ runneth, may hear and determine the offences of counterfeiters, washers, clippers, or diminishers of Coin, and all felonies, and their accessaries, committed in VVales or the Marches thereof; And acquittal or fine making for any of the said offences in any Lordship marcher, shall be no barr for any person or persons indicted for the same within 2. years next after such offence committed.
XIII. The said Justices of Peace and Goal-delivery have power to award all manner of Process, as well of Outlawry as otherwise, against every such offender, and shall send to the Lord or Officer of the Lordship, where the offender is resiant, a Certificate under the seals of two of them at least, of any such outlawry, or attainder, commanding him under the pain of 100 l. to be forfeited to the King, to apprehend, or cause to be apprehended, the body of such offender, and safely to keep him, untill such convenient time before the next Goal-delivery of the County, where he was so outlawed, as shall be thought fit for his conveyance thither, and then he shall be conveyed from marcher to marcher by the Lords or Officers thereof, to the said next Sessions of Goal-delivery of the County, where he was so outlawed, as aforesaid. And here, the Lords marchers and Officers aforesaid, by whom he is so to be conveyed, shall not be negligent herein, in pain to forfeit (each of them so making default) 100 l. to be levied to the Kings use: Also the said Lords or other Officers shall at the said Sessions make due return of such Certificate, upon the like pain: Howbeit here, all traverses, challenges, exceptions, advantages, and all other Pleas upon any such outlawry are saved to the offender.
XIV. Here, an offender attainted of Felony as Principal or accessary, upon surety found for the good behaviour, may (for one time only, by the assent of the President and two Commissioners) be discharged, and admitted to a Fine, to be levied for the King's [Page 593]use, so as no appeal be then depending against him for such offences.
XV. Provided, That this Act shall not extend to abridg the liberty of any Lord Marcher, unless such offender be outlawed, or attainted by force of this Act within two years after the offence committed.
XVI. All Felonies and their accessaries committed in the County of Merioneth shall be inquired, heard and determined in the Counties of Carnarvan or Anglesey, before the Justice of North-Wales, or his Deputy by Enquest of Carnarvan and Anglesey, or otherwise, at the discretion of such Justice or his Deputy.
XVII. All Officers and their Deputies upon command of the Commissioners or Council shall bring, send, or deliver every offender in Felony to the Officer of the Lordship marcher, or other place where the offence was committed, upon the bounds of such Lordship, or to the said Commissioner or Council, as such Officers shall be commanded, in pain of 40 l. which command shall be sent by a Serjeant at Arms, or a Pursuivant, then attendant upon the said Council.
XVIII. ☞ Stat. 27 H. 8.7. All the Kings Subjects and friends may pass freely on horseback or on foot, and with Cattel, Wares, or otherwise, through all or any of the Forests in Wales, without payment of any unlawful exactions, or suffering any other damage whatsoever: And no Forester or other shall commit any such offence, in pain to be tryed for the same as Robbers, before the Justices of Peace of the Shire adjoyning.
XIX. Cattel, which stray into any Forest there, and are challenged within a year and a day by the right owner, shall be re-delivered unto him upon demand; and if the Forester or other officer, or farmer there refuse to re-deliver them, they shall forfeit to such owner double the value of such cattel, and he may have an Action of Detinue for the recovery of them, to be tryed in the County next adjoyning; in which action like Process of outlawry shall be had, as in an Action of Trespass at the Common Law.
XX. Stat. 27 H. 8.26. Wales shall be incorporated, united, and annexed to and with England, and all persons born there shall enjoy all Liberties, as other Subjects in England do; also Lands shall descend there according to the English Laws, and not after the form of any Welsh Laws or Customs.
XXI. The Laws and Statutes of this Realm and none other shall be had and used, and executed in Wales in like manner, as in this Realm, and as shall be farther declared by this Act.
[Page 594]XXII. Divers Lordships Marchers are united to English Counties, others to Welsh Counties, and the residue are divided into new particular Counties by themselves, viz. Monmouth, Breknoke, Radnor, Mountgomery, and Denbigh.
XXIII. The County of Monmouth shall consist of these Lordships, Townships, Parishes, Commotes, and Cantredes, viz. Monmouth, Chepstow, Maberne Llannihangel, Magor, Goldecliff, Newport, Wenlong, Ilanwerne, Caerlion, Uske, Trelecke, Tinterne, Skinfreth, Grousmount, Wïtecastle, Raglan, Calicote, Biston, Abergavenny, Penrose, Greenfield, Maghen, and Hochuystade; all which said places shall be hereafter guildable, and reputed as parts and members of the County of Monmouth, whereof Monmouth shall be reputed the Shire-town; And the Sheriff of the County shall keep his County-court at Monmouth, and Newport, alternis vicibus.
XXIV. All Actions for lands and other things may be laid and sued in the County of Monmouth, and tried there by Assize or Nisi prius, and Venire facias; and all other process may be awarded thither by the Justices: Also the Inhabitants there shall be obedient to the Kings Officers and Laws, and the Sheriffs and Escheators of that County shall perform their duties, and render account in the Eschequer, as is used in or for any other County of England.
XXV. The Lordships, Towns, &c. to be reputed members of Breknoke-shire shall be Breknoke, Creckehowel, Tretoure, Penkelly, English Talgarth, Welsh Talgarth, Dians, the Hay, Glincbogh, Broyulles, Canterbely, Lando, Blainlilby, Estrodew, Buelthe, and Iingros: Also the Shire-town shall be Breknoke, and the Shire-court shall be kept there.
XXVI. The Lordships, Towns, &c. of Radnorshire shall be, New-Radnor, Elisherman, Elvelles, Bonghred, Glosebury, Glawdistre, Mihelles Church, Meleneth, Blewagh, Knighton, Norton, Preston, Commorhader, Rayder, Gwethronyon, and Stonage: Here also New-Radnor shall be the Shire-town, and the County or Shire-court shall be holden at New-Radnor, and Rother Gwy in the same County, alternis vicibus.
XXVII. Those of Mountgomeryshire shall be, Mountgomery, Cedwenkery, Cawryland, Arustely Kiviliocke, Doythur, Powesland, Clunestand, Balesle, Tempcester, and Alcestre: Whereof Mountgomery shall be the Shire-town, and the County-court shall be holden there, and at Maghenteth in the same County, alternis vicibus.
XXVIII. Those of Denbighshire shall be Denbyland, Ruthin, Saint Kiynllethowen, Bromfield, Yale, Chirk, Chickland, Molesdale, and Hopesdale: The Shire town also shall be Denbigh, and the County-court [Page 595]shall be holden at Denbigh and Wrexham in the said County, alternis vicibus.
XXIX. The King shall yearly appoint Sheriffs, Escheators, and other Officers accomptants for the Counties for Breknoke, Radnor, Mountgomery, and Denbigh, and shall have a Chancery and Exchequer at Breknoke, where the said Officers of the Counties of Brekenoke and Radnor, shall yearly accompt before such Auditors, Chamberlain and Baron, as the King shall appoint for that purpose; There shall be also another Chancery and Exchequer at Denbigh, where the said Officers of the Counties of Mountgomery and Denbigh shall also accompt before such Auditors, Chamberlain, and Baron, as aforesaid.
XXX. Justice shall be administred and executed in the Counties of Breknoke, Radnor, Mountgomery, and Denbigh, according to the Laws and Statutes of England, and such other customs and laws now used in Wales, as the King and his Council shall allow, by such Justice, or Justices, as shall be thereunto appointed by the King, and after such manner, as Justice is administred in the Counties of North-wales.
XXXI. In the marches of VVales, there shall be made guildable and annexed to the County of Salop, the Lordships, Towns, Parishes, Commotes, Hundreds and Cantredes of Oswestrie, VVhetington, Masbr [...]ke, Knoking, Ellesmer, Down, and Cherbury Hundred: Here also Oswestrie, VVhetington, Masbroke, and Knoking, shall be known by the name of the Hundred of Oswestrie, and the Inhabitants thereof shall be attendant at Sessions, Assizes, and Goal-delivery, as the Inhabitants of other hundreds within the said County of Salop use to do: Also Ellesmer cum membris, shall be united to the Hundred of Pimhill in Com. Salop, and the Inhabitants thereof shall be attendant, as aforesaid: Likewise the Lordship of Down cum membris, shall be united to the Hundred of Cherbury in Com. Salop, and the Inhabitants thereof shall give their attendance, as aforesaid: Howbeit, neither the said Hundreds of Cherbury or Oswestrie, nor the Lordship of Ellesmer shall be hereby otherwise priviledged, than as Hundreds annexed to the County of Salop, as other Hundreds be within the said County.
XXXII. In like manner, the Lordships Towns, Hundreds, &c. annexed to the County of Hereford, are Ewyas Lacy, Ewyas Harold, Clifford, Winsorton, Yerdesley, Huntington, Whitney, Wigmore, Logharneis, and Stepluton, whereof Wigmore and Logha [...]neis, with their members shall be called the Hundred of Wigmore: and Ewyas Lacy, cum membris, the Hundred of Ewyas Lacy; but Ewyas Harold shall be united [Page 596]to the Hundred of Webtree in Com. Hereford, and Clifford, Winforton, Yerdlesley, Whitney, and Huntington, shall be called the Hundred of Huntington: Here also the Inhabitants shall be attendant at Sessions, Assizes, and Goal-delivery holden for the County of Hereford, but these Lordships, &c. shall claim no priviledge but as Hundreds, or members of Hundreds of the same County.
XXXIII. Likewise the Lordships, Towns, and Parishes of Wollaston, Tidman, and Becheby, and all Honours, Lordships, Castles, Lands, Tenements, and Hereditaments, lying between Chepstow-Bridge and Glocestershire, shall be annexed to the County of Glocester, as par [...] thereof, and shall be parcel of the Hundred of Wesebury in that County: Also the Inhabitants thereof shall be attendant, as aforesaid, and shall claim no priviledge but as Hundreders of the Hundred of Wesebery aforesaid.
XXXIV. Gowerwilney, Bishops town, Landaffe, Signithe supra, Signithe subtus, Miskin Ogmore Glencothney, Tallagarn, Ruchien, Tallavan, Lambelthion, Lantwid, Tyerial, Avan, Neth, Landway, and the Clays, shall be Guildable, and united to the County of Gl [...]morgan; and justice shall be administred in Glamorganshire (so united) according to the Laws of England (as in the three Counties of North-Wales) and not according to the Welsh Laws.
XXXV. Lanemthevery, Abermeles, Redwely, Elkenning, Cornwolthon, Newcastle, Emlin, and Abergoyly shall be Guildable, and annexed to the County of Caermarthen; where also Justice shall be administred as aforesaid.
XXXVI. Haverfo [...]d west, Kilgara [...], Lansteffan, Langherne, alias Tellanghern, Walwinscastle, Dewis-land, Lanny haddein, Lanfrey, Herberth, Slebeche, Rosmarket, Castellan, and Lland of Loure, shall be Guildable and annexed to the County of Pembroke, wherein Justice shall be administred as aforesaid.
XXXVII. Tregarn, Generglin, Landwy and Urency shall be Guildable and united to the County of Cardigan, and there also justice shall be administred as aforesaid.
XXXVIII. Mountway shall be Guildable, and annexed to the County of Merioneth, in North-Vales, as a commote, or part thereof.
XXXIX. All Justices, Commissioners, Sheriffs, Coroners, Escheators, Stewards and their Lievetenants, and all other Officers and Ministers of Law shall proclaim and keep Sessions, Courts, Hundreds, Leets, County-Courts, and all other Courts in the English tongue, and all oaths of Officers, Juries; and Enquests, and all Affidavits, Verdicts, [Page 597]and Wagers of Law shall be given and done in the same tongue.
XL. None that use the Welsh language, shall have or injoy any office or fees in any of the Kings Dominions, but shall forfeit them unless he use the English.
XLI. The Sheriffs of Monmouth, Breknoke, Radnor, Mountgomery and Denbigh, shall put every unruly person under common Mainprize, as the Sheriffs of the three Counties of North-VVales use to do.
XLII. The Sheriff of Monmouth shall certifie such recognizances, common mainprize, and surety of apparence at every quarter-Sessions of that County, and the persons so bailed shall appear at the two Sessions holden at Easter and Michaelmas, until they be released.
XLIII. The Sheriffs of Breknoke, Radnor, Mountgomery, and Denbigh, shall certifie such recognizances, &c. before such Justice as the King shall appoint, at every Sessions to be holden in the said Counties.
XLIV. All persons under bail for appearance in the Counties of Breknoke, Radnor, Mountgomery, Denbigh, Glamorgan, Caermarthen, Pembroke, and Cardigan, (either by the Sheriffs or Justices of those Counties) shall appear before the said Justices at every Sessions, as is used in the three Counties of North-VVales.
XLV. The lay and temporal Lords Marchers shall have the moity of every such recognizance forfeited within their respective Precincts, to be paid them by the Sheriff, (if he can levy them) who is also to answer the other moity to the King in the Exchequer upon his account.
XLVI. The Lord Chancellor shall (forthwith after this Parliament) direct a Commission under the great seal for the division of the Counties of Caermarthen, Pembroke, Cardigan, Monmouth, Brekenoke, Radnor, Mountgomery, Glamorgan and Denbigh, into convenient Hundreds to be returned into the Chancery, and there to remain of Record, which shall be of like force as an Act of Parliament.
XLVII. Commissions also shall issue forth to inquire after the Welsh Laws and Customs, and such of them as shall be thought fit (by the King and Council) to be continued, shall stand and be in full force, notwithstanding this Act.
XLVIII. Two Knights for the County, and one Burgess for the Burrough of Monmouth shall be chosen to serve in Parliament.
XLIX. Also, one Knight shall be chosen for each County of Breknoke, Radnor, Mountgomery, and Denbigh, and for every other County [Page 598]in VVales, and for every Burrough, being a Shire-town, (except the Shire-town of Merioneth) one Burgess.
L. The said Knights and Burgesses shall be elected, and enjoy like priviledges and fees, as Knights and Burgesses of England: And the Knights fees shall be levied of the Commons of each County, and those of the Burgesses, as well of the Shire-towns, whereof they be Burgesses, as of all other ancient Burroughs within the said respective Counties.
LI. All Lords Marchers shall enjoy all such liberties, mises, and profits as they had, or used to have at the first Entry into their lands in times past, notwithstanding this Act.
LII. The Laws and Customs of the three Counties of Northwales, and of the County Palatine of Lancaster are saved.
LIII. This Act shall not extend to derogate any other Act heretofore made for the trial of treason, murther, or felony, or accessaries thereunto, committed in any Lordship Marcher in VVales, or in any Court of England next adjacent thereunto.
LIV. Lands by the Custom partable amongst males shall so continue, notwithstanding this Act.
LV. The King hath power (within three years) to suspend or repeal this Act: As also (within 5 years) to erect as many Courts (of Record or others) and to appoint as many Justices and other Officers in VVales, as he should think fit.
LVI. Stat. 33 H. 13. Hope, Asaph, Hawarden, Moldesale, Mereford, and Os [...]l [...]y, shall be reputed to be within the County of Flint, as part thereof, and not in any other County. Howbeit, they shall pay their taxes with the Inhabitants of such Shire or Shires, as hath been formerly accustomed.
LVII. Also Hope, Modesdale, Mereford, Oseley, and Hawarden, shall be called the Hundred of Modesdale, in the County of Flint; and Asaph shall be reputed parcel of the Hundred of Ruthland in the same County.
LVIII. Stat. 34, 35. H. 8.26. VVales shall be divided into twelve Counties, whereof eight were ancient Counties, viz. Glamorgan, Caermarthen, Pembroke, Cardigan, Flint, Carnarvan, Anglesey, and Merioneth; also four other were made by the Stat. of 27 H. 8.26. viz. Radnor, Breknoke, Mountgomery, and Denbigh, besides the County of Monmouth, and divers Lordships united to the Counties of Salop, Hereford, and Glocester.
LIX. The limitations of Hundreds lately made within the said Counties by Commission out of the Chancery, and again returned thither, shall stand in force, except such of the same, as have [Page 599]been since altered by any Act, and shall be altered by this.
LX. There shall remain a President and Council in VVales, and the Marches thereof, with officers and incidents thereunto as hath been used, which President and Council shall hear and determine such causes, as shall be assigned to them by the King, as heretofore hath also been used.
LXI. Sessions shall be kept twice a year in the Counties of Glamorgan, Breknoke, Radnor, Caermarthen, Pembroke, Cardigan, Mountgomery, Denbigh, Carnarvan, Flint, Merioneth, and Anglesey, which Sessions shall be called the Kings great Sessions.
LXII. The Justices of Chester shall hold Sessions twice a year in the Counties of Denbigh, Flint, and Mountgomery, for his old Fee of 100 l. per Annum.
LXIII. The Justices of North-VVales shall do the like in the Counties of Carnarvan, Merioneth, and Anglesey, and shall have a Fee of 50 l. per annum.
LXIV. A person learned in the Law (to be appointed by the King) shall be Justice in the Counties of Radnor, Breknoke, and Glamorgan, and shall likewise hold Sessions twice a year, and have for his Fee 50 l. per annum.
LXV. Another such person (to be appointed as aforesaid) shall be Justice in the Counties of Caermarthen, Pembroke, and Cardigan, and shall hold Sessions, and have fee as aforesaid.
LXVI. The said Justices shall have Commissions under the great Seal for their Offices, to be executed by themselves or their Deputies.
LXVII. These Justices may hold pleas for the Crown, in as large manner as the Lord chief Justice, or the other Justices of that Bench may do, and also pleas of Assizes, and all other pleas and actions, real, personal, and mixt, in as large manner as the Chief Justice of the Common Pleas, or the other Justices of that Court may do.
LXVIII. They shall also enquire, hear, and determine, all criminall offences whatsoever, committed within their several limits, and administer common justice to all the Kings Subjects there, according to the Laws, Statutes, and Customs of England, and this present Ordinance.
LXIX. The said Sessions shall each of them hold six days, as hath been used in North-wales, and notice thereof shall be given (by Proclamation) fifteen days (at least) before they keep the same.
LXX. Dayes shall be given in all Pleas, Plaints, Process, and adjournments from day to day, and Sessions to Sessions, at the discretion [Page 600]of the said Justices, for the good and speedy administration of Justice.
LXXI. The seal for the three Counties of North-Wales, viz. Merioneth, Carnarvan, and Anglesey, shall remain in the custody of the Chamberlain of North-Wales. The seal for Carmarthen, Pembroke, and Cardigan, with the Chamberlain of South-Wales. That for Breknoke, Radnor, and Glamorgan, with the Steward and Chamberlain of Breknoke. That for Denbigh and Mountgomery with the Steward and Chamberlain of Denbigh. And that for Flint with the Chamberlain of Chester.
LXXII. The said Stewards and Chamberlains shall with the Seals, Seal all Original Writs and Process, returnable before the Justices at the Sessions as aforesaid, and shall answer the profits thereof to the King: But none of them, or any Chancellor shall by occasion of keeping such Seals, compel any person, inhabiting in any of the said 12 Shires, to appear before themselves or their Deputies, or hear or determine any pleas, or causes whatsoever, otherwise then as by this Ordinance is limited: And such writs and process shall be returned before the said Justices, as hath been used before the Justice of North-Wales.
LXXIII. All that shall be Stewards, Chamberlains, or Chancellors within any of the said twelve Shires, having Offices of Receipt, Collection, or account of any of the Kings Rents, Revenues, or profits there, may direct process under the said Seal (being in their charge) within the limits of their Authorities, against Bailiffs, Reeves, Farmers, and other Ministers accomptant, to appear before themselves for any such Rents, Revenues, Farms, or Profit, as hath been heretofore used: But for nothing else, nor to any other person.
LXXIV. The Stewards also may hold Leets, Law-dayes, or Court Barons of the Lordships whereof they are Stewards, and also pleas by plaint under 40 s. in every such Court-Baron, and have and enjoy all authorities and profits thereunto belonging, notwithstanding any Law or Custome in Wales to the contrary: Howbeit neither they, nor Sheriffs shall have power to enquire of Felonies in any such Leet, Law-day, or Turn: Neither shall they keep any Leet, or Law-day, but in such places where they were used to be kept, before the Statute of 26 H. 8.6. So as the place be convenient for the keeping of such Courts.
LXXV. Mayors, Bailiffs, and Head-Officers of Corporate towns in Wales may hold pleas, and determine Actions; so as they observe the Laws of England, and not Welsh Laws or Customs: They may [Page 601]also try issues by six men (as in divers places hath been used) notwithstanding this Act.
LXXVI. The King may within seven years dissolve Boroughs in Wales, and erect others there by his Letters Pattents.
LXXVII. Officers certain fees (appearing in the Kings Letters Pattents) shall continue, but not their casual fees, claimed by colour of their offices, any Custome in Wales, or this Act to the contrary notwithstanding.
LXXVIII. Each Justice shall also have a judicial seal to seal all bills and judicial processes sued before them in the Sessions, whereof the first shall remain with the Justice of Chester, for Flint, Denby, and Mountgomery: The second with the Justice of North-Wales: The third with the Justice of Glamorgan, Breknoke, and Radnor: And the fourth with the Justice of Pembroke, Caermarthen, and Cardigan: Also every such Justice shall accompt and answer to the King the profits of the seal in his custody, as shall be hereafter declared: And the Teste of every bill and process, that passeth under such seal, shall be under the name of the Justice that issueth it out, as is used in the Common-Pleas in England.
LXXIX. All Actions real and mixt, attaints, conspiracies, Assizes, Quare Impedits, appeals of murder and felony, and all actions grounded upon any Statute, shall be sued by Original Writs sealed with the Original Seal, and returnable before the Justices at their Sessions; but all personal actions, as debt, detinue, trespass, account, and the like, amounting to the sum of 40 s. or above, shall be sued by such Writs original, or by bills, at the election of the Plaintiff as is used in North-Wales.
LXXX. All personal actions under the sum of 40 shillings, may be sued by original Bill, (as is also used in North-Wales) sealed by the judicial seal remaining in the custody of the Justice.
LXXXI. The Fee for sealing every original Writ upon the causes aforesaid, and for every Bill in Actions personal (when the debt and damages amount to 40 s. or above) is six pence, and for every judicial process, sued upon any such original Writ, or bill seven pence, whereof the King shall have six pence, and the Justice one penny. And for every bill in personal actions, when the debt and damages amount not to forty shillings, and for every judicial process to be sued upon the same, 3 d. whereof the King is to have 2 d. and the Justice 1 d.
LXXXII. All Writs of Scire facias, and writs of Good Abearing, or for the Peace, or writs of Supersedeas upon the same, and all other process sued before the Justices upon any Record or Suggestion [Page 602]shall be sealed with the Judicial Seal, for which the Plaintiff shall pay seven pence; whereof the King is to have six pence, and the Justice 1 d.
LXXXIII. Every exemplification upon any Record shall be Sealed by the Judicial Seal, for which the Plaintiff shall pay 20 pence, whereof the King is to have 16 pence, and the Justice four pence.
LXXXIV. Recoveries and Fines, Concords and Warrants of Attorney for the same, may be taken before the said Justices of lands, tenements, and hereditaments within their authority, by force of his general Commission without any dedimus, as is used before the Chief Justice of the Common-Pleas.
LXXXV. All fines levied before any of the Justices with Proclamation made the same Sessions: it shall be engrossed, and in two other great Sessions then next following, shall be of the same force, as Fines levyed with Proclamations before the Justices of the Common-Pleas.
LXXXVI. Every person suing Writs of Entry in the Post, or Writs of Covenant, or any other Writs, for any recovery to be had (by assent or otherwise) or for any fine to be levied, shall pay fines to the Kings use for the same (as well fines pro licentia concordandi, as all other fines) as is used in Chancery or elswhere in the Kings Courts of England, which fines shall be paid to such persons as shall Seal the Original Writs for that purpose, who shall accompt for the same, as they do for the profits of the said Original Seal.
LXXXVII. Also, the Kings silver (upon every such fine) shall be paid, as is used in the Common-Pleas of England, viz. 2 s. and shall be received by the Justice, before whom such fine is levied, whereof the King shall have 16 d. the Prothonotary for entring it, 2 d. and the Justice the rest, who shall accompt for the Kings profit, as he doth for the profits of the Judicial Seal.
LXXXVIII. The four said Justices shall have each of them a Prothonotary to attend upon them, for the entring of all Pleas, Process, and matters of Record in Sessions, to be holden before the said Justices.
LXXXIX. There shall be a Marshal and a Crier in every of the said Circuits to be named by the said Justices as Justices of Assize in England use to do, which Officers shall attend upon the said Justices in their Circuits in proper person, and not by Deputy.
XC. The Marshall shall have upon every judgment, and every fine 4 d. and the Cryer 1 d. and the like fees shall be paid upon the acquittal of felons, and of such as be delivered by Proclamation, or out of common mainprise.
[Page 603]XCI. Here also are set down the fees that the Prothonotaries shall take for Writs, Entries, Judgments, &c. for which see the Statute at large.
XCII. The King shall have all fines, issues, amerciaments, and recognizances forfeited, which the Prothonotaries shall yearly estreat into the Exchequer appointed for that limit, that process may be awarded to the Sheriff to levy them for the Kings use, which Sheriffs shall yearly accompt before the Kings Auditors, to be thereunto assigned.
XCIII. Besides the President, Council, and Justices aforesaid, there shall be Justices of Peace and Quorum, and also one Custos R [...]tulorum in every of the said 12 Counties, who shall be appointed by the Chancellor of England by Commission under the Great Seal, with the advice of the President, Council, and Justices aforesaid, or three of them, whereof the President to be one.
XCIV. There shall not be more then 8 Justices of Peace in any of the said 12 Shires, besides the President, Council, and Justices, aforesaid, and the Kings Attorney and Sollicitor, all which persons shall be also put in every such Commission.
XCV. These Justices of Peace shall be of good name and fame, and may exercise their Office, albeit they have not 20 l. per annum, or be not learned in the Law; but before they shall execute their Commission, they shall take such Oath, as Justices of Peace in England use to take, before the Chancellor of England, or else before the President, or one of the same Justices of Wales by dedimus, or before some other to be appointed by the Lord Chancellor for the purpose.
XCVI. The said Justices of Peace, or two of them at least (1. Qu.) shall keep their Sessions four times in the year, and at other times also upon urgent cases, as Justices of Peace in England use to do; for which they shall also have such allowances for themselves and their Clerks, as the Justices in England have.
XCVII. Here, the fee for a Warrant of the peace or good abearing is 6 d. for entring of pledges to pay the King a fine upon an indictment 9 d. and if it be with protestation 12 d. for a supersedeas 8 d. and for a recognizance 12 d.
XCVIII. These Justices of Peace shall certify Recognizances taken before any of them for the Peace and good abearing, into the next Sessions: but Recognizances taken before them for suspition of Felony shall be certified before the Justices at the next great Sessions without concealing them, upon such penalties, as be therefore ordained.
[Page 604]XCIX. All Fines and Amerciaments lost before the Justices of Peace shall be asserted by two of them at least (1. Qu.) and shall be duly set without partiality.
C. All such fines and amerciaments, as also all issues lost, forfeited recognizances, and other forfeitures before the said Justices of Peace shall be yearly estreated by the Clerks of the Peace into the Exchequer, appointed for that limit; to the end that processes may be thereupon awarded for the levying of them for the Kings use to the Sheriff of every County, who shall account before such Auditors as shall be thereto assigned, which Auditors shall make due allowance unto the Sheriffs upon their accompts, for the fees of the Justices and Clerks of the Peace, as is used in England.
CI. The President, Council, and Justices of Wales, or three of them at least (whereof the President to be one) shall yearly nominate three able persons in every of the said twelve Shires, to be Sheriffs thereof, and shall certify their names to the Lords of the Privy Council Crast. Animarum, to the end the King may appoint one of them in every of the said Shires, to be Sheriff for that year, like as is used in England: And thereupon the said Sheriff shall have their Pattents under the Great Seal of England, and shall make oath and acknowledg recognizances before the President and Justices, or one of them by a Dedimus, for the due execution of their Offices, and for their just accompt before the Kings Auditors assigned for Wales.
CII. The said Sheriffs have power to use their Offices, as Sheriffs of England do; shall be observant to all lawful commands and Precepts of the President, Council, Justices of Wales, Justices of Peace, Escheators, and Coroners, and every of them in all things appertaining to their Offices; shall yearly accompt to the Auditor or Auditors; assigned by the King for VVales, and shall each of them have yearly for his fee 5 l.
CIII. All Officers and other persons in VVales shall be obedient, attendant, and assisting to the President, Council, and Justices of Wales, and shall obey the Kings commands and process, from any of them directed, and all lawfull and reasonable precepts of them and every of them; and also shall be obedient to all Justices of Peace, Sheriffs, and Escheators, within their several limits in all things appertaining to their duties and offices.
CIV. Also Escheators shall be named in every of the said Counties by the Treasurer of England, with the advice of the President, Council, or three of them, whereof the President to be one; which [Page 605]Escheators shall make oaths and acknowledg Recognizances before the President, or one of the Justices, by a Dedimus, for the due execution of their Offices, and for their true account before the Kings Auditor, or Auditors, to be assigned for that purpose, which oath and recognizance shall be agreeable to those used for Escheators in England.
CV. Such Escheators shall yearly have their Pattents under the Great Seal, and shall exercise their Offices as Escheators in England, and shall be bound to all Laws and Statutes of England: But they need not have above 5 l. per annum free-hold, and shall accompt yearly before such Auditor or Auditors as the King shall assign for Wales.
CVI. There shall be also two Coroners elected for each of the said 12 Shires, by the Writ De Coronatore Eligendo, awarded out of the Chancery of England; which Coroners shall exercise their Offices, and have like fees as in England: Only the Writ de Cor. elig. for the County of Flint shall be directed out of the Exchequer of Chester.
☞ CVII. The Justices of Peace or two of them (1. Qu.) shall appoint in every hundred (within their limits) two substantial Gentlemen or Yeomen to be chief Constables of the Hundred, where they dwell, who shall preserve the Peace, and use their Offices, and be bound in all things, as High-Constables in England.
CVIII. The Sheriff shall have a Goal in a place of the Castle of the Shire-town, or such other convenient place, as by the President, Council, and Justices, or three of them (whereof the President to be one) shall be appointed, any Patent or Grant notwithstanding. The Sheriff also shall make Bail [...]ffs of the Hundred, who shall attend upon the Justices at their Courts and Sessions.
CIX. Sheriffs shall keep their Counties Monthly, and their Hundred-Courts for pleas, under 40 s. and shall take for entring of plaints process, pleas, and judgments there, as is used in England, and not above. Also all tryals in such Courts, or before Stewards in Court Barons, shall be by Wager of Law, or verdict of six men, at the election of the party, Plaintiff, or Defendant, that pleads the plea.
CX. Sheriffs shall hold their Turns yearly after Easter and Michaelmas, as is used in England.
CXI. The King shall have all Fines, Issues, Amerciaments, and Forfeitures lost in the said Courts and Turnes, to his own use, and the Sheriff shall account for the same accordingly, having been first affered by the Justices of Assize of that Circuit, before they be levied; And the Sheriff shall not levy them before they be so affered, [Page 606]in pain to forfeit to the King 40 s. Also the Sheriff upon every Judgment in his County or Hundred Court, may award a Capias ad satisfaciendum, or a Fieri facias, at the election of the Plaintiff.
CXII. Certain fees, which the Sheriff is to have for the return and execution of divers writs, For which see the Statute at large.
CXIII. Every Sheriff within this limit may put suspitious persons under common main-prise, according to the Statute of 37 H. 8.26. (which see before) binding them with two sufficient Sureties by recognizance, to appear before the Justices at the next great Sessions, and shall then also certify the names of the parties so bound, without concealment.
CXIV. The Sheriffs fee for taking such common main-prise, is 2 d. but he shall take no fee for the return of any writ of execution, unless he return the same executed.
CXV. The fees of Sheriffs, Escheators, and Coroners, and their Ministers, Prothonotaries, and their Clerks, and other Ministers of Justice in Wales, shall be rated, augmented, and diminished by the President, Council, and Justices, or three of them, whereof the President to be one, from time to time at their discretions.
CXVI. None for murder or felony shall be put to his fine, but suffer, according to the Laws of England, except it please the King to pardon him; And if the Justices see cause of pity; or other consideration, they may reprieve the prisoner, till they have advertised the King of the matter.
CXVII. The Statute of the 26 H. 8.6. (which see before) is confirmed, notwithstanding this Act; and from henceforth shall be put in execution.
CXVIII. Abertannad heretofore reputed parcel of the County of Merioneth, shall now be annexed to Salop, and be reputed parcel of the Hundred of Oswestry.
CXIX. If any forreign plea, or voucher be pleaded, or made before any of the Justices of Wales, tryable in any other County in Wales; in this case, the said Justice shall send the Kings Writ, with a transcript of the Record, unto the Justice of the County where the matter is tryable, commanding him to proceed to the tryal thereof, according to Law, which tryal being had, he shall remand it with the whole record unto the Justice that sent it, who thereupon shall proceed to Judgment, as the cause shall require: but if such plea or voucher be tryable in England, the Justice of Wales, before whom they are pleaded or made, may proceed to tryal thereof in such County of Wales, where they are so pleaded or made, such forreign plea or voucher notwithstanding.
[Page 607]CXX. All Lands, Tenements, and Hereditaments in VVales, and in the Lordships and places annexed (by the Statute of 27 H. 8.26.) to the Counties of Salop, Hereford, Glocester, or any other Shires shall be English tenure, and not partable amongst heirs males, according to the Custome of Gavelkind.
CXXI. No Mortgages of lands, &c. made in any of the said Counties or places, shall be hereafter allowed or admitted otherwise, than after the course of the Common-Law and Statutes of England.
CXXII. It shall be lawful for all persons to alien their Lands, &c. in VVales, the County of Monmouth, and other places annexed as aforesaid, from them and their heirs to any person or persons in Fee-simple, fee-tail, for life, or years, according to the Laws of England, notwithstanding any Welsh Law or Custome to the contrary.
CXXIII. If any person having lands in VVales be bound in England by a Statute-Staple or Recognisance, and pay not the debt accordingly; in such cases, upon certificate into the Chancery of England, Processes shall be made to the Sheriffs of VVales out of the said Chancery, for the due levying of the said debt, as is used in England: Howbeit, for such Recognizances as are taken in the Kings Bench, or Common Pleas of England, Processes shall be pursued immediately from the Justices of the said Courts, as in England also is used.
CXXIV. All such Writs, Bills, Plaints, Pleas, Process, Challenges, and Trials, shall be used throughout all the Shires aforesaid, as are used in North-VVales, or as shall be devised by the President, Council and Justices, or three of them, whereof the President to be one.
CXXV. Where there shall be some Suits in Pleas personal, which cannot be well tryed before the Justices in the great Sessions, for shortness of time, such issues may be tryed at the petty Sessions before the Deputy-Justices, as is used in the three Counties of North-VVales, save only for such Suits, as by the discretion of the said Justices shall be necessary to be tryed before themselves: Howbeit, there shall be no suit taken before any of the said Justices by Bill, under the sum of 20 s.
CXXVI. No other Liberties, Franchises, or Customs shall be used or claimed in any Lordship, which was anciently part of Wales (whosoever be owner or owners thereof) but only such as be given to the Lords thereof by force of the Statute of 27 H. 8.26. and not altered by this Act, notwithstanding the Stat. of 32 H. 8.20. which see in Franchises.
[Page 608]CXXVII. If any murther or felony be committed in Wales, the party or parties grieved shall make no agreement with the offender, or with any other in his behalf, unless he first acquaint the President, Council, or Justices therewith, in pain of imprisonment and grievous fine at the discretion of the President, Council, and Justices, or two of them, whereof the President to be one; the like punishment also they shall incur, that labour or procure such agreement, although it never take effect.
CXXVIII. If any person, or they whose estate he hath, have peaceable possession of Lands in Wales by the space of 5 years, without interruption or lawful claim, such person shall continue the same, untill they be recovered from him by law or decree of the President or Council there.
CXXIX. If in personal actions pursued before the Justices nine of the Jury be sworn, and the residue make default, or be tryed out, in that case the Sheriff may return other names de circumstantibus, until the Jury be full, as is used in North-VVales, and elsewhere in such cases.
CXXX. No sale of goods or cattel stollen in Wales, and sold in any Fair or Market there, shall alter the propriety thereof, such sale notwithstanding.
CXXXI. No person shall buy any quick cattel in VVales out of the Fair or Market, unless he can produce credible witness of the person, place, and time, he so bought the same, in pain of such punishment and fine, as shall be set by the President and Council, or any of the Justices in his Circuit, and to answer it at his further peril.
CXXXII. If any goods or cattel be stollen in VVales, the tract shall be followed from Town to Town, and Lordship to Lordship, according to the Laws and Customs heretofore used in Wales, upon such penalty as hath been heretofore accustomed.
CXXXIII. Any man (being a Frecholder) may pass upon a Jury in all causes both criminal and civil, attaint only excepted, saving to every man his lawful challenge, according to the Laws of England: Howbeit none shall pass in attaint, unless he have Freehold of 40 s. per annum.
CXXXIV. Tenants and resiants in Wales shall pay their Tallage at the change of their Lords in such places, aad after such form, as hath been accustomed in Wales.
CXXXV. The Kings Subjects in VVales shall find at the Parliaments in England, Knights for the Counties, and Citizens and Burgesses for the Cities and Towns, to be chosen by the Kings Writ, [Page] [Page] [Page 609]according to the Statute of 27 H. 8.26. and shall also be chargeable to all Subsidies, and other charges granted by the Commons of the said Parliaments, and pay all other rents, farms, customs, and duties to the King, as hath been accustomed, fines for redemption of Sessions only excepted, which the King is pleased to remit.
CXXXVI. Haverford-west shall find one Burgess for that Town, whose charges shall be born by the Mayor, Burgesses, and Inhabitants of the said Town, and by none other.
CXXXVII. The King shall have all Felons goods, goods of persons outlawed, Waifs, Estrays, and all other forfeitures and escheats, and shall be answered thereof by the Sheriffs, saving the right of all others having lawful title thereto.
CXXXVIII. Errours and Judgments before any of the Justices in their great Sessions, in Pleas reall and mixt shall be redressed by Writ of Errour out of the Chancery of England, returnable before the Justices of the Common Pleas, as other Writs of Errour be in England: but Errors in Pleas personal shall be reformed by Bill, before the President and Council; and if the Judgment be affirmed good, in any of the said Writs or Bills, then there to make execution, and all other process thereupon, as is used in the Kings Bench of England, and that the Plaintiff in every such Writ or Bill, pay for the same like Fees as is used in England.
CXXXIX. No execution of any Judgment given in any base Court, shall be stayed by reason of any Writ of false Judgment, but execution may be had at all times before the reversal of such Judgment; and if such Judgment shall after be reversed, the Plaintiff shall be restored to what he hath lost by such Judgment.
CXL. All process for urgent and weighty causes, shall be directed into VVales by the Chancellor of England, or any of the Kings Council, as heretofore hath been used, notwithstanding this Act.
CXLI. The Town of Bewdley in the Parish of Ribsford, in Com. Wigorn. is made parcel of the County of VVigorn, and united to the Hundred of Dodingtree in that County, saving to the Burgess and Inhabitants of Bewdley their ancient Liberties and Franchises.
CXLII. Llanstiffan, Usterloys and Langham, with their members, are united to the County of Caermarthen, and made parcel of the Hundred of Derries in that County.
CXLIII. The Shire-Court of the County of Radnor shall be holden one time at New Radnor, and another time at Preston, alternis vicibus, and never at Rather Goway, notwithstanding the Statute of 27 H. 8.26.
[Page 610]CXLIV. The Kings Farmer of the Subsidy and Aulnage of woollen Cloaths in the County of Monmouth, and the other twelve Counties of VVales, shall take for sealing such cloths as followeth, viz. for every whole piece of Frise 1 d. a half piece, ob. a piece of cotton or lining, (24 yards and under) ob. a piece of the same (above 24 yards) 1 d. a broad cloth, 1 d. a piece of Kersey, (18 yards or above, 1 d. and for a piece of Kersey, (under 18 yards) ob. Howbeit this shall not extend to cloath made in private houses, and not put to sale, but to their servants.
CXLV. The Aulnager in Wales shall be bound and subject to the Laws and Customs of England, in like case provided.
CXLVI. The Town of Haverford-west is made a County of it self, whose Justice shall be the Justice of the County of Pembroke, and the judicial seal of Pembrokeshire shall be also used there, with divers other priviledges: for which see the Statute at large. Howbeit, this Article was but to continue in force during the Kings pleasure.
CXLVII. This Act shall not be prejudicial to any mans Inheritance, nor to any of the Kings Officers, for their Offices or Fees.
CXLVIII. No Land in VVales shall be Gavelkind, but discendable according to the course of the Common Law.
CXLIX. All Liberties of the Dutchy of Lancaster shall continue as they were before the making of this Act.
CL. Stat. 1, 2. P. M. 15. As well Spiritual Lords Marchers and their Successors, as the heirs and successors of Temporal Lords Marchers now being, or which shall hereafter be Lords Marchers of Lordships Royal in Wales, shall have and enjoy the one half of every forfeiture of every common mainprise, recognizance for the year, or apparence, forfeited by their Tenants inhabiting within any of their Lordships Marchers, or Lordships Royal, to be paid the same by the Sheriff of the County for the time being, as the Lay or Temporal Lords Marchers have (or ought to have) been paid the same, by force of the Statute of 27 H. 8.26. And also all such mises, profits, and liberties, as the Lords Marchers Spiritual and Temporal have resdectively used in time past to enjoy, before the making of the said Statute.
CLI. Stat. 18 El. 8. The Queen and her Heirs and Successors may (at her and their pleasure) name and appoint two or more persons learned in the Law, to the Justices in each of the Circuits in VVales, which had but one Justice before, or may grant Commissions of Association to such person or persons to be associate to the Justice or Justices of the said Circuits, who shall have like authority [Page 611]and power as the one Justice had by the Statute of 34, 35 H. 8.26.
CLII. Stat. 27 El. 9. All Fines and Recoveries taken or suffered in the Courts of Assizes or Sessions of the 12 Shires of Wales, the Town and County of Haver-ford-west, and the Counties Palatines of Chester, Lancaster, and Dur [...]sm [...], and in every of them, and all Writs, Returns, Warrants, and other proceedings concerning the same, now remaining, or which hereafter shall remain in the said Courts or Sessions, or in any of them, or in the custody of any of the Officers there, may (upon the request, and at the election of any person) be inrolled in Rolls of Parchments by such persons, and for such considerations, as are hereafter expressed; and such Inrolments shall be as good in force of Law (for so much as shall be so inrolled) as the same so remaining are or ought to be.
CLIII. No Fines, Proclamations, or Recoveries there, shall be reversable by Writ of Errour, for false-Latine, rasure, interlining, mis-entring of any Warrant of Attorney, or of any Proclamation, mis-returning, or not returning of the Sheriff, or other want of form in words, and not in matter of substance.
CLIV. The person there that shall hereafter take the acknowledgment of any Fine, or any Warrant of Attorney, of any Tenant of vouchee for suffering any Recovery, or shall certifie them or any of them, shall with the certificate of the Concord or Warrant of Attorney certifie also the day and year, wherein the same was acknowledged, but shall not be inforced to certifie them, except within the year next after they were taken; And no Clerk or Officer there shall receive any Writ of Covenant, Writ of Entry, or other Writ, whereupon any Fine or Recovery is to pass, unless the day of acknowledgment thereof shall appear by such certificate, in pain of 40 s.
CLV. No Attornment upon any fine there, shall be entred upon Record, except the party mentioned to attorn, have first appeared in Court in person or by Attorney, warranted by the hand of one of the Justices of the same Court, upon any Writ of Quid juris clamat, quem redditum reddit, or per quae servitia, as the cause requireth; And every attornment otherwise entred shall be void, without Writ of Error or other means to avoid it.
CLVI. There shall be in the said places an Office of Inrolments trected to continue for ever, for the inrolling of Fines and Recoveries, as aforesaid, and the Justices there shall (within their several limits) enjoy the said Office, and the disposition thereof, and carefully see to the execution of the same, by the due examination of [Page 612]such enrolments, and for their pains and care therein shall have certain fees allowed them; For which, see the Statute at large.
CLVII. Unto every Roll by any Justice so examined, he is to subscribe his hand, in pain of 40 s. and any of the said Justices may take order in all things needful for the said Inrolment, and upon examination may in the said Courts assess such fines and amerciaments on any Clerk, Sheriff, Attorney, or other person, for misprision, contempt, or negligence, in any thing concerning such fines and recoveries, as to them or any one of them shall seem meet; Which fines and amerciaments shall be estreated, as others use to be out of the said Courts.
CLVIII. The exemplification of any such Record of any fine or recovery thereof, or any part thereof (in the said 12 Shires of Wales, and the Town of Haverford-west) under the judicial Seal, or (in the said Counties Palatine) under the Seal of the respective County Palatine shall be of as good force, as the orignal record it self.
CLIX. The Justices Clerks may write out and enroll the said Records, but shall not carry them out of their offices.
CLX. No Fine or Recovery heretofore levied or suffered, shall after exemplification be amended.
CLXI. This Act shall not prejudice the heirs of Sir Edward Gray Knight, Lord Powis, or Sir Edward Herbert Knight, his heirs or assigns, or Henry Vernor, or John Vernor Esquires, their heirs or assigns, concerning any fine levied, or recovery suffered by or against the said Lord Powis, of Lands in the County of Mountgomery; Nor to Henry now Earl of Kent, concerning any lands in Wales, whereunto he pretends title.

Walsingham.

I. Stat. 35 H. 8.13. The Demesne Lands in Walsingham, belonging to the late Priory there, may be let by Copy, and shall hereafter be Copyholds.

Wapping-Marsh.

I. Stat. 35 H. 8.9. An Act for the Partition of Wapping-Marsh.

[Page 613]

Wards.

I. Magna Charta, 3. 9 H. 8.9. The Lord shall take homage of the heir within age, before he have the Wardship, and such heir after he hath been in ward, shall (at his full age of 21 years) have his Inheritance without relief or fine, and if the heir within age be made a Knight, yet his Land shall remain in Ward, untill his full age aforesaid.
II. Magna Charta, 6. 9 H. 3. Heirs shall be married without disparagement.
III. Magna Charta, 27. 9 H. 3. If any hold of the King by Fee-farm, Soccage, or Burgage, and holdeth lands of another by Knight-service, the King shall not have the custody either of the heir or land, by reason of the tenures in Fee-farm, Soccage, or Burgage: Neither shall he have the custody of such Fee-farm, Soccage, or Burgage, except Knight-service be due to him out of such Fee-farm: Also by reason of petty Serjeancy (viz. to pay a Knife, Arrow, or the like) the King shall not have the custody either of the heir or land.
IV. Merton, 6. 20 H. 3. Where heirs are led away and withholden, or married by their Parents and others, with force against the Peace, if a Lay-man be convict thereof, he shall render to the party the value of the marriage, and remain in prison until he hath satisfied the same (if the child be married) and besides until he hath satisfied the King for the trespass: Howbeit, this is to be understood of an heir within age of 14 years.
V. If an heir 14 years old, or above, marry himself without licence of his Lord, to defraud him of the marriage, and his Lord offer him reasonable and convenient marriage without disparagement, the Lord shall retain the Land beyond the term of his full age, until he may receive the double value of the marriage, according to the estimation of lawful men, or as was offered him before without fraud or collusion, and as it may be proved in the Kings Court.
VI. If Lords marry their heirs to Villains, Burgesses, or others, whereby they are disparaged, such heir being then within the age of 14 years: In this case upon complaint of the Wards friends, the Lord shall lose his Wardship, and the profits thereof shall be (by friends) converted to the use of the heir: But if it be 14 years old or above, and consent to such marriage, no pain shall insue.
VII. Merton, 7. 20 H. 3. If an heir (of what age soever he be) will not marry at the request of his Lord, he shall not be compelled [Page 614]thereunto: But when he is of full age, he shall pay his Lord (before he receive his land) as much as any would have given the Lord for the marriage: And that, whether the heir will marry himself or not; for, of right, the marriage of the heir within age pertaineth to the Lord.
VIII. Marlbr. 6. 52 H. 3. Where any enfeoff their eldest sons and heirs within age of the Inheritance, with purpose to defraud the Lords of their Wardships: It is accorded, that by occasion of any such Feoffment no chief Lord shall lose his Ward.
IX. As for such as feign false Feoffments of their land, which they would deliver out for term of years, with purpose to defraud the chief Lords of their Wards, in which Feoffments is contained, that they are satisfied of the whole service due unto them, until a certain time, so as such Feoffees are bound at the said term to pay a certain sum to the value of the same lands, or far above, so that after the end of such term, the land shall return to such Feoffors and their heirs, because no man will be content to hold it at the price: It is accorded that by such fraud no chief Lord shall lose his Ward: Howbeit, the Lords shall not disseize such Feoffees without judgment, but shall have a Writ of Ejectione custodiae to recover the Ward; And when by the witnesses to the Feoffment, with other lawful men of the Country, the value of the land, and the quantity of the sum payable after the term, it shall be tryed, whether such Feoffments were made bona fide, or by Collusion, as aforesaid: And if the chief Lords in such cases recover their Wards by judgment, the Feoffees nevertheless may have their action to recover such term or fee (which they had therein) when the heirs come to their lawful age.
X. Where chief Lords maliciously implead such Feoffees, feigning this ease, when the Feoffments were made bona fide, in such cases, the Feoffees shall recover against the chief Lords their damages and costs, and besides, the Plaintiffs shall be punished by amerciament.
XI. Marlbr. 7. 52 H. 3. In a plea of Communi Custodia, if the deforceors come not at the great distress, that Writ shall be renewed twice or thrice, at such terms as it may be done in, within the half year following, so as at every such time the writ may be read in open County (if the deforceor be not found before) and be there openly proclaimed, that he may appear at the day limited; and if he come not in to answer within the half year, nor the Sheriff can take his body, to answer before the Justices, according to Law; then as a Rebel and one that will not be justified, he shall lose the seisin [Page 615]of the Ward; saving to him at another time his Action, if he have right to the same.
XII. Howbeit, where the Wardship belongs to the Guardian of Wards, being within age, and where Guardians demand a Wardship, which belongeth to the heir, such heirs (within age) shall not lose their inheritance by the negligence of their Guardians, as in the case aforesaid, but in such cases the Common Law shall run as hath been accustomed.
XIII. Marlb. 17. 52 H. 3. Guardians in Soccage shall make no waste, sale, or destruction of the heirs inheritance, but safely keep the same to the use of the heir, and when he cometh to age, shall answer him the issues thereof by a lawful accompt, saving their reasonable costs: Neither shall such Guardians sell the marriage of such heir; but to his advantage, and the Kinsfolk, that have such Ward (from the time that Writs of impleading have not been granted, which seems to be by Magna Charta 27. See before 3.) shall have such Wardship to the heirs advantage, without making waste, sale, or destructions, as aforesaid.
XIV. West. 1.21. 3 E. 1. Guardians shall keep the Lands in Ward without destruction, according to Magna Charta: so also shall Archbishopricks, Bishopricks, Abbacies, Churches, and all spiritual dignities be kept in time of vacation.
XV. West. 1.22. 3 E. 1. The Statute of Merton 6. (before 4.) as to the marriage of heirs without their Guardians consent, is confirmed.
XVI. The Lord may hold the land of heirs females two years after their age of 14. within which two years if he marry them not, they shall go quit, without giving any thing for the Wardship, or Marriage, and if they will not accept a convenient marriage tendered by the Lord, he shall hold their land till their age of 21 years and over, untill he have taken the value of the marriage.
XVII. West. 2.16. 13 E. 1. Where one holdeth sundry lands of divers Lords by Knight-service, that Lord shall have the marriage, by whom the childs Ancestor was first enfeoffed, without having respect to the sex, or the quantity of the land, but only to the more ancient Feoffment.
XVIII. West. 2.35. 13 E. 1. Where children (whose marriage belongeth to another) are taken away (the ravisher having no right to marriage) albeit the ravisher afterwards restore the child unmarried, or pay for the marriage, yet for his offence he shall be punished by two years imprisonment: and in case he do not restore, or marry the child after years of consent, and be not able to satisfie [Page 616]for the marriage, he shall abjure the Realm, or hav perpetual imprisonment, and thereupon the Plaintiff shall have a Writ of Ravishment of Ward in this form:
XIX. Si A. secerit te securum de clamore sue, &c. tunc pone per vad. &c. B. quod sit coram Justic. &c. oftensurus, quare talem haeredem ins [...]a aetatem existentem, cujus maritagium ad ipsum pertinet, tali loco inventum rapuit, & abduxit contra voluntatem ipsius A. & contra pacem nostram, &c.
XX. If the heir be in the same County, then this clause is to be added: Et diligenter inquiras, ubi ille haeres sit in baliva tua, & ipsum (ubicunque fuerit inventus) capias, & salvo & secure custodias, ita quod eum habeas coram praefat. Justic. nostris ad praefat. terminum, ad reddendum, cui praedictorum A. vel B. reddi debeat.
XXI. Process shall be made against the offender by distress, if he have whereby to be distrained, or else (for his contumacy) he shall be outlawed.
XXII. If the heir be married, or carried into another County, the Writ shall be directed to the Sheriff of that other County, in this form: ‘Questus est nobis A. quod B. nuper talem haeredem infra aetatem & in custodia sua existentem tali loco in tali Comitatu rapuit, & de Comitatu tali ad talem locum in Com. tuo abduxit, Contra voluntatem ipsius A. & contra pacem nostram, &c. Et ideo tibi praecipimus, quod praedicium haeredem (ubicunque in baliva tua invenire poteris) capias & salvo & secure eum custodias; Ita quod eum habeas coram Justic. nostris, &c. tali dic, quam idem A. habet versus praedict. B. ad reddendum, cui de jure reddi debeat.’
XXIII. The death of the heir (before he can be found or restored to the Plaintiff) shall not stop the Suit, nor excuse the ravisher from punishment; or if the Plaintiff die, his heir shall revive the Suit, if the right did belong unto the Plaintiff by reason of his proper fee; but if it were by gift, sale, or the like, the suit shall be revived by his Executors; or in case the Defendant die, the suit shall be re-summoned betwixt the Plaintiff, his heirs, or executors, and the Executors of the Defendant, or his heirs, if the Executors be not sufficient to satisfie the value of the marriage, but not as to the pain of imprisonment, for none shall be punished for anothers offence.
XXIV. Also in a Writ de Communi custodia, if either party die, hanging the Suit, resummons shall be made betwixt the heirs and executors of the Plaintiff; and the heirs and executors of the Defendant, [Page 617]and when they have passed to the great distress, day shall be given, within which time three Counties may be holden at least, in every of which proclamation shall be made that the deforceor shall appear in the Bench at the day contained in the Writ to answer the Plaintiff, at which day if he come not, and the proclamation be returned once, twice, or thrice, the Judgment shall pass for the Plaintiff, saving the defendants right, if after he will claim it: The like also shall be done in a writ de ejectione custodiae.
XXV. The Stat. of Wards and Reliefs, 28 E. 1. where any relief is given, there Wardship is incident, & contra.
XXVI. Unto Grand Serjeancy, viz. to go with the King in his Host, ward and relief are incident; but not to petty Serjeancy, as to bear shield or spear there.
XXVII. A free Sokeman shall neither give ward or relief, but shall double his rent after the death of his Ancestor, and shall not be unmeasurably grieved.
XXVIII. There are two kinds of Writs to recover Wards, viz. the one is where land is holden in Knight-service, and the other, where it is holden in soccage: The Ward of Land in Knight-service belongs to the Lord, and the marriage also (which ought to be without disparagement) untill he attains to the age of 21 years.
XXIX. The Ward of an Heir that holdeth in soccage, if the land descended on the mothers side, belongs to the next friend on the Fathers side, & contra.
XXX. There are three manner of Writs to recover Wards. 1. When both the land and heir is demanded, called a Writ de Communi custodia, and in this case the chief Lord shall recover both the Ward and marriage. 2. When the tenant hath purchased lands holden of several Lords, in which case the Lord, of whom the land last purchased is holden, shall neither have the land nor heir, but the Lord that first enfeoffed the tenant shall have them. 3. When one hath lands by reason of a Ward, but hath not the Heir, here he may have a Writ to demand the heir, and not the land; and this is called a Writ of Ravishment of Ward.
XXXI. Prerog. Reg. 1. 17 E. 2. The King shall have the Ward of all lands holden of him in chief by Knight-service, whereof the Tenant dyed seised (of whomsoever they hold by like service, so as they held anciently any land of the Crown) until the Heir came to his lawful age; except the fees of the Archbishop of Canterbury, the Bishop of Du [...]sme between Tine and Tees, fees of Earls and Barons in the Marches where the Kings writ runs not, and where such Archbishops, Bishops, Earls, and Barons ought to have such Wards, albeit they hold of the King in some other place.
[Page 618]XXXII. Prerog. Reg. 2. 17 E. 2. The King shall have the marriage of an heir being within age and in his Ward, whether his lands have appertained to the Crown of ancient continuance, or came by Escheat, being in the Kings hands, or by reason of another wardship, without respect of priority or posteriority of feoffment, albeit such heir held also of others.
XXXIII. Prerog. Reg. 6. 17 E. 2. If a Woman (before her ancestors death that held of the King in chief) be married before her age of consent, the King shall have the ward of her body, untill her age of consent, and then it is at her election, whether she will have him whom she first married, or him whom the King will offer her.
XXXIV. None that holds of the King in chief by Knight-service, shall (without the Kings licence) alien so much of his lands that the residue is not sufficient to do his service: Howbeit, this is not to be understood of members and parcels of such lands.
XXXV. Stat. 14 E. 3. Stat. 1.13. After the death of the Kings tenant in chief, the Escheator shall cause to be seised into the Kings hands, the lands as to their office appertains, without doing waste in houses, Woods, Parks, Ponds, or other extortions, which may tend to the damage of the heir, and forthwith after the Diem clausit extremum delivered to him, shall make return thereof by a good and true extent in the Chancery.
XXXVI. After such return, if the next friends of the heir, to whom the inheritance cannot descend, shall come and offer to take the said lands, untill the heir be at age, and to give for the same as much as another, without fraud, by accord of the Chancellor and Treasurer, they shall have Commission to keep them (upon good security) untill his full age, answering to the King the value thereof.
XXXVII. Howbeit, this Act shall not conclude the King from having an Action of waste against such Guardians and Farmers; the Heir also may have like Action against them, when he comes to age.
XXXVIII. Stat. 39 H. 6.2. Women being of the age of 16 years, at the time of the death of their Ancestors, shall have livery of their lands descended to them.
XXXIX. Stat. 4 H. 7.17. The Statute of Marlb. 6. 52 H. 3. (before 4.) is confirmed.
XL. The Lord of Cestuy que use (no Will of his Ancestor being declared in his life time) shall have a Writ of right of Ward for the body and the land; and the heir of Cestuy que use being at full age [Page 619]at the death of his ancestor, shall pay relief; the heir also of Cestuy-que use shall have like action of waste, as if his ancestor had dyed seised, and if the Lord be barred in his Writ of right of Ward, the Defendant shall recover damages.

The Court of Wards, Vide Courts, Numb. XXXIV.

VVares.

I. Stat. 5 El. 7. None shall bring or cause to be brought into this Realm from beyond Sea, any girdles, harness for girdles, Rapiers, Daggers, Knives, Hilts, Pummels, Lockets, Chapes, Dagger-blades, Handles, Scabbards, or Sheaths for Knives Saddles, Horsharness, Stirrops, Bits, Gloves, Points, Leather laces, or Pinnes, being ready wrought beyond Sea, to be sold, bartered, or exchanged in this Realm or Wales, in pain to forfeit the same or the value thereof to be divided betwixt the Queen and the Prosecutor.

VVarranty.

I. The Statute of Bigamy, 6. 4 E. 1. Indeeds conteining Dedi & concessi tale tenementum, without non-age, or any clause of Warranty, and to be holden of the donors and their heirs by a certain service; in this case, the donors and their heirs are bound to Warranty: But where the deed is dedi & concessi, &c. to be holden of the chief Lord of the fee, or of other, and not of the feoffors and their heirs, reserving no service, and without homage, and the aforesaid clause: here, the feoffors Heirs shall not be bound to Warranty: Howbeit, the feoffor himself during his life (by force of his own gift) is bound to warrant.
II. The Statute of Glocester, 3. 6 E. 1. Where tenant by the curtesy aliens his Wives land, his son (having no ossets by descent) shall not be barred to recover the land by a Writ of Mortdancester, of the seisin of his mother; albeit his fathers deed mentioneth, that he and his heirs shall be bound to warranty; but in case any land descend to the heir of his fathers side, he shall be barred for the value of the inheritance so descended.
III. Also if afterwards any inheritance descend to him by the same father, the tenant shall recover against him of the seisin of his mother, by a Judicial writ to be issued out of the Rolls of the Justices, before whom the plea was pleaded, to resummon his warranty, as hath been heretofore used in cases, where the warrantor pleads [...]iens per descent from him, by whose deed he is vouched.
[Page 620]IV. Likewise the issue of the son may recover by Writ of Cousinage, Ayel, and Besayel, neither shall the heir of the Wife be barred of his action, after the death of his father and mother, by writ of Entry, for land which his Father did alien in the time of his mother, whereof no fine is levyed in the Kings Court.

Warr.

I. Stat. 1 E. 3.7. Whereas Commissioners have heretofore prepared men of Arms, and conveyed them to the King of Scotland, Gascoigne, and elswhere at the charge of the Shires, whereby the Commons have been much impoverished: The King wills, That it shall be done so no more.
II. Stat. 18 E. 3.7. Men of Arms, Hoblers, and Archers chosen to go in the Kings service out of England, shall be at the Kings wages, from the day that they depart out of the Countreys where they are levied, till their return.
III. Stat. 25 E. 3. Stat. 5.8. None shall be constrained to find men of Arms, Hoblers, or Archers, but by tenure of land or grant in Parliament.
IV. Stat. 4 H. 4.13. The Statutes of 1 E. 3.7. 18 E. 3.7. and 25 E. 3. Stat. 5.8. shall be holden in all points; yet so as Lords and all others, that have lands in Wales, or the Marches thereof, or hold of the King by Escuage or other service, shall in no wise be excused of their service and devoirs due to the King for their lands, fees, annuities, pensions, or other profits.
V. Stat. 11 H. 7.18. Every person in England and Wales having any office, fee, or annuity of the Kings grant, shall personally attend upon him, when he goes himself in person in the Wars (unless he have the Kings licence, or be letted upon some just cause well proved) in pain to forfeit such office, fee, and annuity. Howbeit, this Act shall not extend to any spiritual person, the Master of the Rolls, or other 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 fo [...]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 [Page 621]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 [Page 622]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.

[Page 623]

☞ 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 sue, but if not, then the prosecutor.
IV. Every melter and maker up of unwrought wax, shall have a stamp or mark of the breadth of 6 d. wherein the two letters of his name and sirname shall be graven, and with this shall stamp every such piece of wax triangularly in three places upon the out side of every such piece, in pain to forfeit the value of every piece so sold or put to sale not so stamped.
V. None shall melt, mix, work, sell, or put to sale, any wrought wax, stuff, or wares wrought with wax, but with good and pure stuff, fit for such work, and sealed with the workers stamp, to the end he may be known; in pain to forfeit all corrupt wares otherwise wrought, and so sold or put to sale, to be divided as aforesaid.
[Page 624]VI. None shall sell or put to sale any false mingled Wax; in pain to forfeit the same, to be divided as before.
VII. All Cask filled with honey, shall be by the filler thereof marked with two letters, standing for his name and sir-name, each letter being an inch and an half in length, at least, and burnt upon the head of each Cask with an hot Iron; in pain to forfeit 6 s. 8 d. for every Cask of honey sold or put to sale, and not so marked.
VIII. None shall fill, sell, or put to sale any Cask of honey for a Barrel, Kilderkin, or Firkin, unless they contain as followeth, viz. the Barrel 32 gallons wine-measure, the Kilderkin 16, and the Firkin 8; in pain to forfeit for every half gallon so lacking 5 s. together with the Cask and Honey therein contained, to be divided as before.
IX. This Act, as to the marking of Wax, shall not extend to any, selling the Wax of their own Bees in open Markets, nor to any servant mingling or corruptiwg Wax by the commandment of his Master, so as he will confess the same.
X. None shall counterfeit anothers mark, nor stamp therewith without the owners consent, in pain to forfeit for every such offence 5 s. to be divided, as before; And in case he be not able to pay it, to be set upon the Pillory in the next Market-Town to the place where he offends, and to suffer three months imprisonment without bail.

VVears.

* I. Magna Carta, 23.9. H. 3. All Wears shall be put down by Thames and Medway, and throughout all England, save onely by the Sea-coasts.
II. Stat. de Pannis, 4.25. E. 3. All Gorces Mills Wears, Stanks, Stakes, and Kiddles, set up in the time of E. 1. and since, whereby Ships and Boats are disturbed to pass in Rivers, as they were wont, shall be utterly pulled down, never to be renewed: And hereupon Writs shall issue to the Sheriffs of the places, where need shall require, to survey, and inquire, and thereof to do execution; Justices also shall be thereupon assigned, as shall be needful.
* III. Stat. 45 E. 3.2. The Statute of Cloth 4.25 E. 3. shall be put in due execution, and if any such annoyance be done, it shall be pulled down by due Process, according to the said Statute.
IV. If any shall repair any such annoyance, and be thereof attainted, he shall incur the pain of 100 marks to the King, to be levied [Page 627]by estreats of the Exchequer: The like Law shall be for annoyance made by enhancing such Wears, Mills, Stanks, Stakes, and Kiddles, as by the new levying of them.
V. Stat. 1. H. 4.12. The said Statute of 25 E. 3.4. and 45 E. 2. shall be put in due execution.
VI. Commissions shall be made to sufficient men to be Justices in every County, where need shall be, to survey and keep the waters and great Rivers there, to correct the defaults, and to put the said Statutes in due execution, as well by their Survey, advice, and discretion, as by Enquests, both within franchises and without, as need shall be, and to hear and determine the things aforesaid: Also to survey the Wears, Mills, Stanks, Stakes, and Kiddles, levied before the time of E. 1. and to correct, pull down, and amend such of them, as they shall find too much enhaunced as straightned, saving alwayes a reasonable substance thereof.
VII. If any such nusances be adjudged and awarded by the said Justices fit to be pulled down and amended, the owner of the freehold thereof shall make thereof execution at his own charge within half a year after notice thereof given to him, in pain of 100 Marks to be paid to the King by estreats of the Exchequer: And he that shall cause them to be repaired, enhaunced, or straightened against the said judgement (being thereof convict) shall also incur the pain of 100 Marks, to be paid, as aforesaid: Howbeit, if any shall finde himself grieved by the execution of this Act, upon complaint he shall be relieved.
VIII. Stat. 4. H. 4.11. The Statutes of 25 E. 3.4.45. E. 2. and 1 H. 4.12. shall be duly put in execution.
IX. Commissions shall be awarded to certain Justices and others in every County, where need shall be, to inquire of offenders against the said Statutes, and to punish them by fine at their discretions; saving to the King the penalties comprised in the said Statutes.
X. The estreats of such fines shall be delivered by the Justices to the Sheriff by Indenture, who shall there outpay to every Justice 4 s. for every day, that he shall execute such Commission, and the Sheriff is to be allowed it again upon his accompt in the Exchequer.
XI. Stat. 1. H. 5.2. All the aforesaid Statutes are confirmed, and ordered to be put in due execution.
XII. Stat. 12. E. 4.7. All the said Statutes are a gain confirmed And whereby award of any of the said Commissioners assigned (according to the said Statute of 1 H. 4.12.) it is found, that such Wears, Fish-garths, Mills, Mildams, Milstankes, Locks, Ebbing-wears, Kiddles, Hecks, or Flood-gates, are made, levied, raised, [Page 628]straightned, or enlarged against the said Statute, if the offenders therein, being duly warned thereof by the Sheriff (by Scire facias) do not within three months after such warning, duly return such default, they shall forfeit 100 marks, to be paid, as by the said Statute is ordained, and also for every month after the said three months, that the said default is not reformed, 100 marks more, to be divided betwixt the King and the Prosecutor: The Heir also or the Assignee of such offender, shall likewise forfeit 100 marks for every month, that he continues such disturbances, to be divided, as aforesaid.

☞ Weights and Measures.

I. Magna Charta, 25.9. H. 3. One measure of Wine shall be throughout the Realm, one measure of Ale, and one measure of Corn, viz. the quarter of London, and one bredth of dyed cloth, Rusfet, and Haberjects, viz. two yards within the lists; and it shall be of weights, as it is of measures.
II. Ashsa Pants & Cervitiae, 5 1 H. 3. By this Statute the Assize of bread was rated, viz. when a quarter of wheat should be sold for 12 d. wastel bread of a farthing (a kind of bread then in use) should weigh 6 pounds 16 shillings, viz. 6 pounds 9 ounces and 12 penny weight, according to Troy-weight: For at that time a pound of silver, by Troy-weight, was a pound Sterling, or 20 shillings, and a penny now, was three [...]ence then: And so it continued, until H. 6. raised the ounce of Silver (which was before but 20 pence) to 30 pence, and after that the old penny was valued at three half pence: Afterwards E. 4. raised it to 40 pence: then H. 8. to 45 pence, and last of all Qu. El. to 5 shillings, at which rate it yet stands: And all this was done by the said Kings and Queens Proclamations, according to the exigencies of affairs in the Common-wealth at the times, when it was so altered.

III. According to the proportion ordained by this Statute, the ensuing Table is framed for the due Assize of Bread now in use. [Page 629]

A Table of the Assize of Bread, according to Troy-weight, having Twelve Ounces in a Pound, and twenty Peny-weight in each of those twelve Ounces.
Price of Wheat.		Penny White.			Penny Wheaten.			Penny Houshold.
s.	d.	l.	ounc.	dr.	li.	ounc.	dr.	li.	ounc.	dr.
19	6	1	5	7	2	2	0	2	10	19
20	0	1	4	18	2	1	6	2	9	16
20	6	1	4	10	2	0	14	2	9	0
21	0	1	4	2	2	0	2	2	8	4
21	6	1	3	14	1	11	12	2	7	8
22	0	1	3	6	1	11	0	2	6	12
22	6	1	3	0	1	10	10	2	6	0
23	0	1	2	4	1	10	0	2	5	8
23	6	1	2	8	1	9	12	2	4	16
24	0	1	2	2	1	9	2	2	4	4
24	6	1	1	16	1	8	13	2	3	12
25	0	1	1	10	1	8	6	2	3	0
25	6	1	1	5	1	7	18	2	2	10
26	0	1	1	0	1	7	10	2	2	0
26	6	1	0	15	1	7	3	2	1	10
27	0	1	0	10	1	6	16	2	1	1
27	6	1	0	6	1	6	8	2	0	12
28	0	1	0	1	1	6	0	2	0	2
28	6	0	11	17	1	5	15	1	11	14
29	0	0	11	13	1	5	10	1	11	6
29	6	0	11	9	1	5	4	1	10	17
30	0	0	11	5	1	4	18	1	10	10
30	6	0	11	1	1	4	12	1	10	2
31	0	0	10	18	1	4	6	1	9	16
31	6	0	10	14	1	4	1	1	9	8
32	0	0	10	11	1	3	16	1	9	[...]
32	6	0	10	8	1	3	12	1	8	16
33	0	0	10	5	1	3	6	1	8	10
33	6	0	10	3	1	3	0	1	8	[...]
34	0	0	9	19	1	2	15	1	7	18
34	6	0	9	16	1	2	12	1	7	12
35	0	0	9	13	1	2	8	1	7	6
35	6	0	9	10	1	2	4	1	7	0
36	0	0	9	8	1	2	1	1	6	16
36	6	0	9	5	1	1	18	1	6	10
37	0	0	9	2	1	1	14	1	6	4
37	6	0	9	0	1	1	10	1	6	0
38	0	0	8	18	1	1	7	1	5	16
38	6	0	8	15	1	1	4	1	5	11
39	0	0	8	13	1	1	0	1	5	6
39	6	0	8	11	1	0	16	1	5	2
40	0	0	8	9	1	0	12	1	4	18
40	6	0	8	7	1	0	9	1	4	14
41	0	0	8	5	1	0	6	1	4	10
41	6	0	8	3	1	0	3	1	4	6
42	0	0	8	1	1	0	0	1	4	2
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47	0	0	7	4	0	10	16	1	2	7
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60	6	0	5	10	0	8	6	0	11	1

IV. According to the abovesaid rate (at the time when this Statute was made) a Baker in a Quarter of Wheat (as was then proved by the Kings Bakers) might gain 4 d. and the bran, and two loaves for advantage; for three servants 1 d. ob. for two lads ob. for salt ob. for kneading ob. for candle qu. for wood 3 d. and for his boultel, ob. in toto, 12 d. ob. qu. Which being trebled, according to the rate of money now) amounts to 3 s. 2 d. qu. and may therefore be now conceived fit for the Baker to gain in the uttering of every Quarter of Wheat [...] Howbeit note, That by the Book of Assise now in use, published by Proclamation towards the latter end of the Reign of Queen Elizabeth) Bakers inhabiting Corporate Towns (in regard they pay Scot and Lot there) are allowed six shillings in every Quarter of the middle-prized wheat for their charge in baking: And Countrey or Forreign Bakers only 4 s. For Example; When the middle price of wheat is 30 s. the Quarter, for assize of Town-Bakers you are to find in the aforegoing Table the assize of bread answering to 36 s. but for the assize of Forreign Bakers, that of 34 s. And therefore (in that case) the penny white loaf put to sale by [Page 632]Town-Bakers ought to weigh nine ounces, eight penny weight; but that uttered by forreign Bakers nine ounces nineteen penny weight, as appears in the Table.
V. When a Quarter of wheat is sold for 3 s. or 3 s. 4 d. and barly for 20 d. or 2 s. and oats for 16 d. the quarter, Brewers in Cities may afford to sell two gallons of beer or ale for 1 d. and out of Cities three gallons for 1 d. and when in a Town three gallons may be sold for 1 d. out of a Town four gallons may be afforded: And this Assize shall be observed throughout England.
VI. The Assize of Bread shall be rated according to the middle price of wheat, and shall not be changed but by 6 d. increasing or decreasing in the sale of a Quarter.
VII. Stat. de ponderibus & mensuris. An English penny sterling (being now three pence) shall weigh 32 grains of wheat taken out of the middle of the ear, and 20 d. do make an ounce 12 ounces a pound, 8 pounds a gallon, 8 gallons a London bushel, which is the eighth part of a quarter. Stat. 31 E. 1. See Rastal, Weights 7, 8.
VIII. Stat. of Pillory and Tumbrel, 51 H. 3. If a Baker or Brewer be convict not to have observed the Assize; for the first, second, and third fault, he shall be amerced, except the offence be grievous and often, and then shall the Baker to the Pillory, and the Brewer to the Tumbrel, or some other Correction.
IX. Six men shall be sworn truly togather all the measures and weights of the Town, and of Mills, and upon the measures and weights, as also upon every loaf shall the name of the owner be distinctly written: After this, twelve lawful men shall be sworn to make true answer on the Kings behalf upon Articles hereafter following: and the Bailiff shall be commanded to bring the Bakers and Brewers with their measures, and all things underwritgen,
X. Then first the Jury shall inquire the first, second, and third prices of Wheat sold the last Market-day; and also how Barley and Oats; and upon how much increase or decrease of the price of Wheat, the Baker ought to change the Assize of his bread, and how much it ought to weigh, according to the present price of Wheat and whether the Town have a Pillory of convenient strength.
XI. Again, they shall inquire of the assize and price of Wine, and the Vintners names, and how they sell, and whether they utter that which is wholesome for mans body: also of the assize of ale in the Court of the Town, how it is, and whether it be observed; and if the Brewers be found to have sold contrary to the Assize, they shall be amerced, or else judged to the Tumbrel.
[Page 633]XII. They shall inquire likewise of such as use double or false Weights or Measures, of Butchers and Cooks that sell unwholsome meat; and of forestallers, which buy any thing before the accustomed time of Market.
XIII. Stat. de Pistoribus, 31 E. 1. The assize or weight of wheat shall never be changed, but when there is six pence increasing or decreasing in the price of a quarter.
XIV. If a Bakers bread be found a farthing weight lacking in two shillings six pence, or under, he shall be amerced; and if it pass the same number, he shall suffer the punishment of the Pillory, which shall not be remitted for gold or silver: and every Baker shall have a mark of his own for bread.
XV. According to which proportion, it seems, that if a Bakers bread wants not a penny weight in six ounces, he shall not incur amerciament.
XVI. Every Pillory or Stretch-neck must be made of convenient strength, for that execution may be done upon offenders without peril of their bodies.
XVII. The Toll of a Mill shall be taken according to custome and the strength of the water, either to the 20 or 26 corn: also by a measure agreeable to the Kings Standard, and by the rate and not by heap or cantell; and if the Farmers find the Millers their necessaries, they shall take nothing besides their due toll, in pain to be grievously amerced.
XVIII. The assize of Ale shall be assessed, proclaimed, and kept, according to the price of corn, whereof Malt is made; and the Brewer shall not increase more in a gallon, but according to the rate of 6 d. rising or falling in a Quarter of Malt: and if he break the assize for the first, second, and third time, he shall be amerced; but for the fourth, he shall incur the Pillory.
XIX. A Butcher that sells Swines-flesh mezled, or dead of the murrin, shall for the first time be amerced, for the second incur the Pillory, for the third be imprisoned, and make fine; and for the fourth, shall forbear the Town: and in this manner shall it be done to all that offend in like case.
XX. The Standard of Bushels, Gallons, and Elns, shall be signed with an Iron Seal of the Kings; and no Measure shall be in any Town, unless it do agree with the Kings Measure, and be marked with the Seal of the Shire-Town.
XXI. If any do sell or buy with Measures unsealed, and not examined by the Mayor and Bailiffs, he shall be grievously amered.
[Page 634]XXII. All Measures shall be viewed twice every year; and if any be convict of a double Measure, he shall be imprisoned, and grievously punished.
XXIII, The Standard, Bushels and Elns shall be in the custody of the Mayor and Bayliffs, and of six lawful persons of the Town being sworn, before whom all Measures shall be sealed; and no grain shall be sold by the heap or Cantel, except it be Oats, Malt, and Meal.
XXIV. No Fore-staller shall be suffered to dwell in any Town; and if any be convict of that offence, for the first time he shall be amerced, and lose the thing so bought; for the second, shall have judgment of the Pillory; for the third, shall be imprisoned and make fine; and for the fourth, shall abjure the Town: and like judgment also shall be given his accessaries.
XXV. An Ordinance for measuring of land, 34 E. 1. See the Statute at large.
XXVI. Stat. 14 E. 3.12. There shall be one Weight and one Measure through the Realm of England; and the Treasurer shall cause to be made certain Standards of bushels, gallons, and weights of brass, and shall send them into every County where such Standards are not already sent: and thereupon shall be assigned two sufficient persons of every County (or more if need be) to survey Weights and Measures, according to the Standard, who shall have power to hear, determine, and punish all those that shall be thereof found guilty, and to command the Sheriff to imprison them, till they shall make fine to the King.
XXVII. The said Officers shall every year, the next day after the Feast of Saint Michael, deliver their Estreats into the Exchequer, and take for their expences a fourth part of that they can levy, and shall answer the King the other three parts, and the fourth part also of that they cannot levy, shall be answered them in the Exchequer, and the other three parts shall be levied for the Kings use.
XXVIII. Stat. 25 E. 3.9. Auncel weight shall be quite put out, and weighing shall be by equal balance, Stat. 34 E. 3.5.
XXIX. Stat. 25 E. 3.10. Every Measure shall be according to the Kings Standard, and shall be striked without heap, saving the rents of Lords: and the King will assign certain Justices in every County to inquire, hear, and determine upon the points aforesaid, and to inflict punishment according to the trespass.
XXX. Statutum Stapul. 27 E. 3.10. There shall be one weight and one measure, and none shall use any deceit in weighing commodities by an uneven tongue of the ballance, or by putting [Page 635]hand, foot, or other touch, in pain to forfeit the value of the commomodities so weighed, to suffer one years imprisonment, and to be ransomed at the Kings will; and the party grieved shall recove [...] quadruple damages.
XXXI. There shall be Justices assigned to enquire of such trespasses, and to do right as well at the Kings Suit, as at the suit of the party.
XXXII. Stat. 13 R. 2.9. There shall be one weight and and measure throughout England, and he that shall be convicted to have used any other, shall suffer six months imprisonment, and yield double damages to the party grieved: except in Lancashire.
XXXIII. Stat. 15 R. 2.4. Eight bushels of Corn striked shall be accounted a Quarter, as well by Water as by Land; and none shall buy otherwise, in pain to forfeit the Corn or Malt bought.
XXXIV. Stat. 16 R. 2.3. All Weights and Measures shall be according to the Standard of the Exchequer: And the Clerk of the Market shall have all his weights and measures ready, together with marks of the Exchequer, and shall carry and bring them with him, when he makes essay of Weights and Measures: neither shall he nor any other use any other, upon the pains ordained by former Statutes.
XXXV. Stat. 1 H. 5.10. No Purveyor of the King, nor any other shall buy or take any Corn by any other measure, than eight Bushels striked for the Quarter, and payment shall be made in hand for the carriage.
XXXVI. If any Purveyor offend herein, he shall incur a years imprisonment, and forfeit 5 l. to the King, and as much to the party grieved: And nothing shall be taken for the measuring of Corn.
XXXVII. Justices of Peace have power to hear and determine these offences.
XXXVIII. Stat. 2 H. 6.11. The Tun of Wine shall contain 252 gallons English measure, the Pipe 126 gallons, the Barrel of Herrings or Eels shall contain 30 gallons, the Butt of Salmon 84 gallons; and so of other lesser measure after the same rate.
XXXIX. None shall import or make any vessel contrary to this Act, in pain to forfeit the Commodities therein contained to the Lord of the Town, where they are found, whereof the Prosecutor shall have the fourth part.
[Page 636]XL. Justices of Peace and Mayors, and Bailiffs, having power to inquire of the Peace) have power to hear and determine these offences.
XLI. Stat. 8 H. 6.5. Every City, Borough, and Town within England, shall have a common Balance, with common weights sealed, and according to the Standard of the Exchequer upon the common costs of the said City, Borough or Town in the keeping of the head Officer or Constable there, in pain that the City for such default shall forfeit 10 l. to the King, the Borough 5 l. and every other Town 40 s.
XLII. At this Balance all the Inhabitants may weigh gratis, but a forreigner shall for every draught under 40 l. pay a farthing, for a draught betwixt 40 l. and an hundred, an half penny: and for a draught betwixt an hundred and a thousand, a penny: whereof the weights shall be maintained, and the Officers which attend that service rewarded at the discretion of the said inhabitants.
XLIII. Justices of Peace, Mayors, Bayliffs, and Stewards of Franchises have power to hear and determine these offences.
XLIV. Stat. 9 H. 6.6. The Burgesses of Dorchester shall not be disturbed by the Statute of 8 H. 6.5. to use their weighing within 12 miles compass of that Town: so as they use such weights, as in the said Statute are expressed.
XLV. Stat. 9 H. 6.8. A weigh of Cheese shall contain 32 Cloves, and every Clove seven pound.
XLVI. Stat. 11 H. 6.8. The Stat. of 1 H. 5.10. and 8 H. 6.5. shall be duly put in execution.
ALVII. In every City, Borough and Town, there shall be a common bushel sealed, and according to the Standard, in like manner and pain as in the said Statute of 8 H. 6.5. is specified for a common balance.
XLVII. All Justices of Peace, Mayors, and Head-Officers shall have power to hear and determine the offences committed against the said Statutes by examination or inquisition, and as well at the suit of the King, as of the party grieved.
XLIX. The Mayor of London, and all other Mayors and Bayliffs on their oaths shall be charged to keep and execute all the said Statutes, and shall be accountable in the Exchequer for all profits and forfeitures which shall grow due thereupon to the King.
L. Stat. 1 R. 3.13. The contents of every vessel of Wine and Oyl, and they shall not be sold, until they be gauged by an officer to be appointed by the King for that purpose: The Measures are these, a Tun of wine 252 gallons. A Pipe 126. A Tertian 84. A [Page 637]Hogshead 63. A Barrel 31 and a half, and a Rundlet 18 and an half.
LI. Stat. 7 H. 7.4. (Or according to Rastal, Cap. 3.) Measures and Weights of brass shall be sent to every City and Borough, there to be kept as their treasure, according to which all Measures and Weights in every County shall be reformed.
LII. The Mayor or chief Officer of every such place shall have a special mark wherewith he shall seal the said measures and weights; And shall take for sealing of a Bushel a penny, and of every other measure an half penny; For an hundred weight a penny, for half an hundred an half peny; And for every less weight a farthing.
LIII. If he refuseth or delayeth to seal them, or do any thing contrary to this Act, he shall forfeit 40 s. to be divided betwixt the King and the party grieved, and to be recovered by action of debt, wherein no wager of Law shall be admitted.
LIV. Justices of Peace have power to hear and determine the said defaults.
LV. Stat. 11 H. 7.4. Measures and Weights of brass shall be sent to Cities and Boroughs there especially named.
LVI. Only Cities, Boroughs, and Market-Towns shall be enjoyned to have common balances, weights, and measures, and all other Towns shall be excused, notwithstanding the Statutes of 8 H. 3.6. and 11 H. 6.8. above mentioned.
LVII. The Mayors and chief Officers of the said Cities, Boroughs and Market-Towns, which shall have delivered unto them such weights and measures sealed with the letter H. crowned, (or with the first letter of the name of the King of England for the time being) shall have authority and power to sign like weights and measures unto any of the Kings Subjects (duly requiring the same) taking for the marking of every bushel only one peny.
LVIII. None shall buy or sell with any other weights or measures in any City, Borough, or Market-Town, but such as are so marked, nor in any other place, with a bushel, which is not so marked.
LIX. Mayors and chief Officers, shall at least once every year view all measures and weights within their jurisdictions, and break or burn them which they find defective, and also inflict punishment upon the offenders, viz. for the first offence 6 s. 8 d. for the second 13 s. 4 d. and for the third 20 s. and besides, adjudg them to the Pillory.
LX. Two Justices of Peace (one Quorum) have authority as well by examination as inquiry, to hear and determine the defaults of Mayors, and other head Officers; and also of buyers and sellers [Page 638]contrary to this Act, and to set fines and amerciaments upon the offenders at their discretion: and the defective weights and measures are to be forfeited and burnt.
LXI. Eight bushels of corn raised and stricken shall be accounted a Quarter, 14 l. a stone of wooll, and 26 stone a sack: Howbeit, this Act shall not extend to any person selling or buying by water-measure within Ship-board, whereof every bushel shall contain five pecks raised and stricken.
LXII. Within the Cinque-Ports the Lord Warden or his Lievtenant shall order the weights and measures.
LXIII. Stat. 12 H. 7.5. A Bushel shall contain eight gallons of wheat; and every gallon 8 pounds of wheat, Troy-weight, and every pound 12 ounces; and every ounce 20 Sterlings, (or penny weights) every Sterling shall weigh 32 grains of wheat, that grew in the midst of the ear of wheat, and a Standard for the Kings Treasury is to be made according to this Assize.
LXIV. Whereas weights and measures, set down to Cities and Boroughs last year by the Stat. of 11 H. 7.4. were found defective, others more perfect shall be sent thither, at the charge of the said Cities and Towns; according to which all other weights and measures shall be regulated, upon the pains in the said Statute contained.
LXV. Stat. 28 H. 8.14. in fine. The Statute of 1 R. 3.13. and all other Statutes made for the due gauging and measuring of Wine, Oyl, Honey, and other Liquors, shall be duly put in execution.
LXVI. Every Gauger shall duly gauge all the said Vessels, and mark upon the head of each of them the true content thereof, in pain to forfeit to the buyer thereof the quadruple value of that it wants, besides costs of suit: The Merchant also shall recompence the buyer what it wants, according to the value of the vessel bought, in pain to forfeit to the buyer the double value of such vessel sold, together with costs of suit.

VVhite Ashes.

* I. Stat. 2, 3. E. 6.26. None shall ship, lade, carry, or convey any White Ashes towards the parts beyond Sea, in pain to forfeit for every bushel 6 s. 8 d. to be divided betwixt the King and the prosecutor.

[Page 639]

VVhitegate.

I. Stat. 33 H. 8.32. The Church of Whitegate in Cheshire shall be a Parish Church, and no part of the Parish of Over.

VVild-fowl.

* I. Stat. 25 H. 8.11. None shall destroy or take away the eggs of any Wild-fowl, in pain to forfeit for every egg of a Crane or Bustard so taken or destroyed, 20 d. of a Bittern, Hern, or Shoveland, 8 d. and of a Mallard, Tele, or other Wild fowl, 1 d. to be divided betwixt the King and the prosecutor: And the Justices of Peace have power to enquire, hear, and determine offences of this kind, as they use to do in cases of trespass.

VVills.

I. Merton, 2.20 H. 3. Widows may bequeath the crop of their ground, as well of their dowers as other lands, saving to the Lords of the Fee all such services as be due for their dowers or their tenements.
II. Stat. 32 H. 8.1. Every person having Mannors, Lands, Tenements, or Hereditaments, holden in soccage, or of the nature of soccage-tenure, and not having any such Mannors, Lands, &c. holden of the King by Knight-service, Soccage, Tenure in chief, or of the nature of Soccage-tenure in chief, nor of any other person by Knight-service, shall have power to give, dispose, will, and devise, as well by his last Will and Testament, in writing, or otherwise by any act executed in his life, all such Mannors, Lands, &c. at his pleasure.
III. Every person having Mannors, Lands, &c. holden of the King in Soccage, or of the nature of Soccage in chief; and having any other Mannors, Lands, &c. holden of any other person in Soccage, or of the nature of Soccage, and not having any Mannors, Lands, &c. holden of the King or any other by Knight-service, shall have power to give, will, dispose and devise, as well by his last Will and Testament in writing, as otherwise by any act executed in his life, all such Mannors, Lands, &c. or any of them at his pleasure.
IV. Howbeit, all such primer seisins, reliefs, fines for alienation, and all other rights and duties for tenures in soccage, or in the nature of soccage in chief, as have been heretofore used, are saved to the [Page 640]King, and the said Mannors, Lands, &c. are to be taken, had, and sued out of the Kings hands by the person or persons, to whom they shall be so disposed, willed, or devised, in like manner as hath been used by any heir or heirs, before the making of this Statute.
V. Every person having Mannors, Lands, &c. of estate in inheritance, holden of the King in chief, by Knight service, or of the nature of Knight service in chief, hath power by his last Will in writing, or by any other Act executed in his life, to give, dispose, will, or assign two parts thereof in three parts to be divided, or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided in certainty, and by special divisions, that it may be known in severalty, for the advancement of his wife, preferment of his children, and payment of his debts, or otherwise at his pleasure.
VI. Here also the custody, wardship, and primer seisin, or any of them, as the case shall require, of as much of such mannors, lands &c. as shall amount to the clear yearly value of the third part there of: As also all fines for alienation, upon such alteration of the Freehold or inheritance, are saved to the King.
VII. Every person having Mannors, lands, &c. of estate or Inheritance, holden of the King in chief by knight-service, and having other Mannors, lands, &c. holden of the King or any other by knight-service or otherwise, hath power to give, dispose, will, or assign, by will in writing, or otherwise by Act executed in his life, two parts thereof in three parts to be divided, or so much thereof as shall amount to the yearly value of two parts thereof, to be severed as aforesaid, for the advancement of his Wife, preferment of his children, and payment of his debts, or otherwise at his pleasure.
VIII. Here likewise the custody, Wardships, primer seisin, and fines for alienations are saved to the King, as before.
IX. Every person having mannors, lands, &c. of estate of inheritance, holden of any other Lord by Knight-service, and other Lands in Soccage, or of the nature of Soccage, may give, dispose, or assure by will or otherwise by Act executed in his life, two parts of the knight-service land, or so much thereof as shall amount to the yearly value of two parts as aforesaid; and also all the soccage-land at his pleasure: saving to such Lord (for his custody and wardship) so much of the knight-service land, as shall amount to the yearly value of the third part thereof.
X. Every person having mannors, lands, &c. holden of the King by Knight-service, and not in chief, or any mannors, lands, &c. holden of the King by Knight-service, and not in chief, and other mannors, [Page 641]lands, &c. holden of any other person by knight-service, and also other mannors, lands, &c. holden of any other person in soccage, or in the nature of Soccage, may give, dispose, will, devise, and assure, by his last Will, or otherwise by act executed in his life, two parts of the said Knight-service-Land, or so much thereof, as shall amount to two parts of the yearly value thereof, as aforesaid, and all the soccage-land, at his will and pleasure: Howbeit, here also the custody and Wardship of so much of the said Knight-service, mannors, lands, &c. as shall amount to the yearly value of the third part thereof, are saved to the King, and other Lords respectively; and if the King or other Lord have not (in this case) a full third part set out for them, they may (respectively) take into their possession so much of the other two parts, as will make it a full third part.
XI. Provided, that all persons shall sue liveries for possessions, reversions, or remainders, and pay reliefs and heriots, as they did before the making of this Act.
XII. Fines for alienations shall be paid in Chancery upon Writs of entry in the Post for common recoveries suffered of any Mannors, Lands, &c. holden of the King in chief, in like manner, as upon alienations of such Mannors, Lands, &c. by fine, or feoffment: Howbeit no other fine shall be paid there for any such Writs, but only such fines for alienation.
XIII. Where two or more hold any Mannors, Lands, &c. of the King by Knight-service, joyntly to them, and the heirs of one of them, and he that hath the inheritance dyeth, his heir being within age, the King shall have the Ward and Marriage of such Heir, the life of the freeholder or Freeholders notwithstanding: saving to every Woman her Interest of Dower in such lands to be assigned out of the two parts thereof, severed from the third part, as abovesaid, and not otherwise, and saving also to the King the reversions of all such tenants by joynt-tenure and Dower, after the death of such tenants, in case they happen to dye during the nonage of the Kings Ward.
XIV. Stat. 34.35 H. 8.5. Where the Statute of 32 H. 8.1. mentioneth mannors, lands, &c. of inheritance, it shall be expounded and taken of estates in fee-simple.
XV. Every person having a sole estate in fee-simple, or seized in co-parcenery, or in common in fee-simple, in any Mannors, Lands, tenements, rents, or other hereditaments in possession, reversion, or remainder, and having no Mannors, lands, &c. holden of the King; or of any other by Knight-service, may give, dispose, will, [Page 642]or devise to any person or persons (except bodies politick and corporate) by his last Will and Testament in writing, or by Act executed in his life, by himself solely, or by himself and others joyntly, severally, or particularly, or by all those wayes, or any of them, as much as in him of right is, all his said mannors, lands, tenements, rents, and hereditaments, or any of them, or any rents, commons, or other profits out of the same, or any parcel thereof, at his free will and pleasure.
XVI. Every person having such an estate, or seized, as aforesaid, of or in any mannors, lands, rents, &c. in possession, reversion, or remainder, or of or in any rents or services incident to any reversion, or remainder holden of the King by Knight-service in chief, or of the nature of Knight-service in chief, may give, dispose, will, or assign to any person or persons (except bodies politick and corporate) by his last Will and Testament in writing, or by an Act executed in his life, by himself solely, or by himself and others joyntly, severally, or particularly, or by all those wayes or any of them (as much as in him of right is) two parts, as well of all the said Mannors, lands, &c. as of all other rents, and hereditaments, or of any of them, or any rents, commons, profits, or commodities out of, or to be perceived of the same two parts, or out of any parcel thereof, in three parts to be divided, or as much thereof as shall amount to the yearly value of two parts thereof, in three parts to be divided (of what person or persons soever they be holden) at his free will and pleasure.
XVII. Such Will so declared shall be good for two parts of the said Mannors, lands, &c. although it be made of the whole, or more then the two parts thereof: the said division to be made by the devisor, or owner of the said Mannors, lands, &c. by will in writing, or otherwise in writing: and in default thereof by Commission out of the Court of Wards upon inquiry of the true value thereof, by the oaths of 12 men: and upon return thereof in the same Court, the division shall be made by the Master of the Wards, if the said Master and parties cannot otherwise agree upon the division: and the issues and profits of the two parts shall be restored to them that shall have right thereunto, from the death of the owner or deviser.
XVIII. Every person being seised solely, in co-parcenery, or in common, as aforesaid, of any mannors, lands rents, &c. in possession, reversion, or remainder, or of any [...]ents or services incident to any reversion or remainder, holden of the King by Knight-service, and not in chief, or of any other person by Knight-service, may give, [Page 643]dispose, will, or devise to any person, (except to bodies politick) by his last Will and Testament in writing, or by act, executed in his life, solely, or joyntly, as aforesaid, two parts thereof, or any rents, common, or profits, to be perceived out of the same two parts, or out of any part thereof, &c. And such Will shall be good for such two parts, albeit it be made of the whole lands so holden, or of more then the said two parts; and shall also be good for all lands not holden in Knight-service, and for all rents, commons, and other profits, to be perceived out of the same.
XIX. Here also, the division of the third part is to be made, as before, where it concerns the Kings Interest, but where it concerns other Lords, the division shall be by Commission out of the Chancery, if such Lords and the parties in the mean time cannot agree thereupon.
XX. The savings (in this Act, and in that of 32 H. 8.1.) of custody, wardship, relief, and primer seisin to the King, and of custody and wardship to other Lords, shall be expounded thus: That the King shall have for his full third part such mannors, lands and tenements, as shall descend, as well in fee-tail, as in fee-simple, to the heir of the person, that made such Will or disposition, as aforesaid; and that the will or gift of the two parts shall be good in Law, albeit the will or gift be made of all the fee-simple lands, or the more part thereof: Howbeit if the King have not a full third part left him, he shall take out of the two parts so much as shall make it up, to be severed by commission, as aforesaid; and such advantage also is given to other Lords for their third parts; and the like shall both the King and they do, in case their third parts, or any parcel of them be evicted from them or determined.
XXI. A Pardon of alienation must be sued by those to whom lands are devised, for which they shall pay a third part of the value of the lands, holden in chief; and this Act shall be sufficient warrant for the Lord Chancellor to grant such pardons under the Great Seal, without further suit to be made to the King for the same.
XXII. Wills or Testaments of mannors, lands, &c. made by femes covert, Infants, Idiots, or persons of non sane memory, shall not be good in Law.
XXIII. If any person or persons shall (by will or act executed) make any estate for years, life, or lives, with one remainder over in see, or with divers remainders over for term of life, years, or in tail, with a remainder over in fee-simple, or any other estates, conditions, mesnalties, tenures, or conveyances, by fraud and covin, to [Page 644]the intent to defraud the King of his Prerogative, primer seisin, livery, relief, wardship, marriages, or rights, or any other Lords of their wardships, reliefs, heriots, or other profits, and such estates or other conveyances be found by office to be so made by covin, fraud, or deceit: In this case, the King shall enjoy his Prerogatives and profits aforesaid, according to this and the said former Act (notwithstanding such estates or conveyances) until such office be annulled by traverse, or otherwise: Also other Lords shall have their remedy in such cases, for their wardships, by writ of right of ward, and shall distrain, and make avowry, or conusance by themselves or their Bailiffs, for their reliefs, heriots, and other profits, as if no such estate had been made: Howbeit the right and title of the donees, feoffees, lessees, and devisees thereof, against the devisors and his heirs, after the interest of the King and other Lords determined, are saved.
XXIV. Provided, that every person, from whom the King or other Lord shall take any mannors, lands, &c. for their third part, or to make it up, may have relief in Chancery against every person, who shall be intituled (by any such will or gift) to the other two parts, to have such contribution for the same, as the Lord Chancellor or Keeper shall think convenient.

VVines.

I. The Statute of Glocester, 15.6. E. 1. The Mayor and Bailiffs (now Sheriffs) of London, before the coming of the Barons (which should be at their rising after Candlemas-term, as appears by the 14. Chapter of this Statute) shall inquire of Wine sold against the Assize, and shall present it before them at their coming, and then they shall be amerced, whereas they were wont to tarry, until the coming of the Justices. Obsolete.
* II. Stat. 4. E. 3.12. None shall sell Wines but at a reasonable price, according to the price at the Ports from whence they come, and the expence of their carriage to the places where they are sold: Tryal shall be made of such Wines twice a year, viz. at Easter and Michaelmas, and Officers if need require, by the Lords of Towns, and their Bailiffs, and likewise by Mayors and Bailiffs, and all corrupt Wines shall be poured out, and the vessel broken; Also the Chancellor, Treasurer, Justices of the Benches, and Justices of Assize, shall have power to inquire of Mayors, Bailiffs, and Ministers of Towns, that do not observe this Ordinance, and to punish them as reason requires.
[Page 645]* III. Stat. 27. E. 3. Stat. 1. cap. 5. No English Merchant shall forestal Gascoign Wines, nor buy them of any Gascoign or other, to pay in England, for any greater price, then they are commonly sold at in Gascoign (because of Prest, peril of the Sea, and by any other colour) in pain of life and member, and to forfeit their Wines, Goods, and Chattels to the King, and their lands to the chief Lords: But here the felony and forfeiture of laws are repealed by 37 E. 3.16. Ob.
IV. Cap. 6. Gascoign Merchants, and other strangers, may bring their Wines to what Port of England they please; so as the Kings Butler may make purveyance for Wines of Aliens, making payment for them within 40 days. Ob.
V. Cap. 7. No English Merchant shall buy Wines in Gascoign before the Vintage: Nor then, but at Burdeaux and Bayon, upon the pain mentioned in the 5th Chapter. Put that as to the s [...] lo [...]y and forseiture of Lands is repealed by 37 E. 3.16. as aforesaid. Obsolete.
* VI. Stat. 37. E. 3.16. The felony and forfeiture of lands inflicted by 27 E. 3.5. & 7. are repealed, and inquiry shall be yearly made within the Kings dominions in Gascoigne of Couchers of England, who lie there to buy Wines. Obsolete.
VII. Stat. 38. E. 3.10. A confirmation of the Statutes made for wines. Obsolete.
VIII. Stat. 38. E. 3.11. All Merchants, Denizens, that be not Artificers, may go into Gascoign, to fetch wines, and Aliens may bring wines into this Realm.
IX. Stat. 43 E. 3.2. English, Irish, and Welsh-men (being not Artificers) may fetch wine in Gascoigne, so as they find sureties to buy 100 Tun of their own goods, and to bring the same into England, Ireland, or Wales.
X. Stat. 6. R. 2. Stat. 1.7. Sweet wines shall be sold in England at the price, that Gascoign and Rhenish wines are sold for, and not above, in pain to forfeit the same.
XI. Stat. 23 H. 6.18. No new impositions shall be laid upon them, that buy wines in Gascoign and Guienne, by any of the Kings Officers in those parts, in pain of 20 l. and treble damages. Obsolete.
* XII. Stat 28. H. 8.14. The Lord Chancellor, Treasurer, President of the Council, Privy Seal, and the two chief Justices, or five, four, or three of them, have power, at their discretions, to set the prices of all kinds of wines, viz. of the But, Tun, Pipe, Hogshead, Puncheon, Tierce, Barrel, or Runlet, when they shall be sold in grosse; so as they cause the prices so set to be written, and openly [Page 646]proclaimed in Chancery in the Term-time, or else in the City, Burrough, or town, where any such wines are sold in grosse.
XIII. None shall sell wine otherwise, then according to the prices so set and proclaimed, as aforesaid, in pain to forfeit 40 l. for every vessel otherwise sold, to be divided (in a Corporation) betwixt the King and the Head Rulers there, but (out of a Corporation) betwixt the King and the Prosecutor.
XIV. Justices of Peace and Head Officers have power to hear and determine the defaults of all such as sell wine in grosse, or by retail contrary to this Act.
XV. Stat. 32 H. 8.23. The great Officers appointed by the Statute of 28 H. 8.14. to set prices upon wines, shall so set them between the 20 day of November and the last day of December, and at no time else; and none, that sell wines either in grosse, or by retail, shall sell them above those prices, upon the penalties in the said Statute of 28 H. 8. contained.
XVI. If any refuse to sell their wines accordingly; In London, the Mayor, Recorder and two ancient Aldermen, being no Vintners, and in other places, the Mayor, Bailiffs, Aldermen, or other Officers, whereof the chief Officer is to be one, may enter the houses of such persons, and sell their wines at the prices so assessed, as aforesaid.
☞XVII. Stat. 7. E. 6.5. None shall utter wine by retail, in any other places then in Cities, Burroughs. Port Towns, or Market Towns, or in Gravesend, Sittingborn, Tuxford, or Bagshot, in pain to forfeit ten pounds for every day that they sell Wine otherwise.
XVIII. None shall utter wine by retail in any City, Burrough, or Corporation, but by licence of the most part of the Common Council, Aldermen, Burgesses, or Communalty there, under their common seal, nor in any City, Burrough, Port-Town, or Market-Town not corporate, or in Gravesend, Sittingborn, or Bagshot, without license of the Justices of Peace of the County in Sessions, under their seal, in pain to forfeit 5 l. for every day that they sell wine otherwise, which said Officers, Communalty, and Justices, have power to continue or change such licences at their discretions; but shall not license above two in one place, in pain to forfeit 5 l. a piece, except in these hereafter following, in which it shall be lawful to license more then two, viz. in [Page 647]
- London 40
- York 3
- Norwich 4
- Westminster 3
- Bristol 6
- Lincol [...] 3
- Hull 4
- Shrewsbury 3
- Exeter 4
- Salisbury 3
- Glocester 4
- Westchester 4
- Hereford-East 3
- Worcester 3
- Southampton 3
- Canterbury 4
- Isswich 3
- Winchester 3
- Oxford 3
- Cambridge 4
- Colchester 3
- Newcastle 4
XIX. None shall sell or utter wine by retail to be spent in his or their Mansion-house, or in any other place in their tenure, by any colour, craft, or engine, in pain of 10 l.
XX. The abovesaid forfeiture shall be divided betwixt the King and the Prosecutor.
XXI. Justices of Peace within every County and Corporation in Sessions. Stewards in Leets, and Sheriffs in their turns, have power to enquire (by the oaths of 12 men) of all offences committed against this Act; in which case the forfeitures, which shall thereupon grow due, shall be divided betwixt the King and the poor of the Town or place, where the presentment shall be found.
XXII. This Act shall not prejudice the liberties of either of the Universities, nor charge any person offending, unless the suit be prosecuted within a year.
XXIII. Stat. 12 Car. 2. cap. 25. None shall sell or utter wines by retail, upon pain to forfeit 5 l. the one moyety to the King, the other to him that shall sue for the same.
XXIV. The King may grant Commission to two or more persons, who may license and authorise the selling of Wine by retail, according to the rules and directions in this Act, and not otherwise.
XXV. Such persons Commissionated, shall be called the Kings Agents for granting wine Licenses, and may grant Licenses not exceeding 21 years, if the party licensed so long live, under a Rent yearly, but no fine to be paid.
XXVI. Licenses shall be granted onely [...] such persons as use the Trade of selling Wines by retail, or to the Landlord of the house; and may not be assigned, nor shall indempnifie any against the penalties of this Act, save the first taker.
XXVII. They may appoint Officers for managing that service, so as their Sallaries exceed not 6 d. in the pound of the yearly Revenue arisi [...] [...],
[Page 648]XXVIII. The said Revenue shall be paid into the Exchequer and not to be charged with any gift or Pension; and the Agents shall every Michaelmas Term, return into the Exchequer, what Licenses they have granted, and the Rents reserved and paid, and the arrears, to the end Process may issue for the same.
XXIX. Proviso, not to extend to prejudice any priviledges of the two Universities: nor to prejudice the priviledges of the Society of Vintners London, nor any other Town Corporate: nor the Burrough of St. Alboas, in their priviledges granted by Letters Pattents of Queen Elizabeth, for maintenance of the Free-School there.
XXX. No Officer appointed by the King for this service shall receive any Fees or rewards, for the same other then 5 s. for a License, 4 d. for an Acquittance, and 6 d. for a Bond, upon pain of 10 l. one moyety to the King, the other to the person that will sue for the same.
XXXI. None shall abuse or mix any wines, with any other Ingredients, upon pain of forfeiture of 100 l. by every Merchant, Wine-Cooper, or other selling wines in grosse. And 40 l. by every person selling wines by retail for such mixing, corrupting or abusing of wines: the one moyety to the King, the other moyety to the person that shall sue for the same.
XXXII. No Canary wines, Muskadel, or Alegant, shall be sold within England Wales or Berwick, by retail, for above 18 d. the quart: No Gascoigne or French wines, for above 8 d. the quart. No Rhenish wines for above 12 d. the quart; and so proportionably for more or less quantity, upon pain of 5 l. forfeiture for every Statute quart, &c. or other measure sold for more: the one moyety to the King, the other moyety to him that shall sue for the same.
XXXIII. Provided, the Lord Chancellor, &c. may set the prices of wines yearly, or alter the same; and in default of such setting of prizes, the Rates set by this Act, to continue under the penalties, recoverable as aforesaid.
XXXIV. See Post-Office. Numb. 4.

Witnesse.

I. Stat. 12. E. 2.2. When a deed or other writing is denyed in Court, wherein witnesses are named, processes shall be awarded to cause them to appear; and if they come not at the great distress returned, or the return be, that they have nothing, or that they cannot be found, yet the Enquest shall proceed; but if the witnesses appear at the great distress, and the Enquest for some cause remain [Page 649]untaken, the witnesses shall have like day given, as is assigned for the taking of the Enquest, when if they appear not, the issues first returned upon them shall be forfeit; and the taking of the Enquest shall not be deferred because of their absence, neither yet for the absence of witnesses dwelling in a Franchise where the Kings writ runs not.
II. Stat. 5. El. 9. Pars inde. None served with process out of a Court of Record, to restifie as a witness (being tendered convenient charges, and having no reasonable let) shall therein make default, in pain to forfeit to the party grieved 10 l. and besides to yield him such further recompence, as the Judge of the same Court shall think fit, according to the damage sustained: which said sums shall be by him recovered in any Court of Record by Action of debt, in which no wager essoin, &c. shall be allowed.

☞Wood.

* I. Stat. 35. H. 8.17. In every several Wood, called Copice, or Underwood, which shall be felled at 24 years growth or under, there shall be left unfelled for every acre thereof 12 Standils of Oak, and in case there shall not be so many Oaks, that number shall be made up of Elm, Ash, Aspe, or Beech, which Standils or Storers shall not be cut down until they shall bear ten Inches square within 3 foot of the ground; in pain that every owner of such woods, shall forfeit for every Standil not so left, 3 s. 4 d. and also for every such Standil so left and afterwards cut down, as much: Both which forfeitures shall be divided betwixt the King and the Prosecutor.
II. Underwoods felled at 14 years growth or under, shall during 4 years next after the 20. of April after their felling be preserved from destruction of Cattel, in pain that the owner thereof shall forfeit for every rood thereof unfenced for every month 3 s. 4 d. And underwoods above 14 years growth, and under 24. being so felled, shall during 6 years next after the 20 of April, after such felling be so preserved, as aforesaid, upon the like pain.
III. None shall convert into Pasture or Tillage, any such underwood or Copice, containing two Acres or above, and being two furlongs distant from the house of the owner thereof, or from the house, whereunto such wood doth appertain, in pain to forfeit 40 s. for every Acre so converted.
IV. The owner of Copices above twenty four years growth, shall at the felling thereof, leave 12 such Standils of Oak, or otherwise of Elm, Ash, Beech, or Asp, as aforesaid, in pain to forfeit 6 s. 8 d. [Page 650]for every Standil not so left: And shall not cut them down before they are of two years growth, in pain of 6 s. 8 d. for every one so cut down: And farther shall preserve such underwoods seven years after their felling from the destruction of Cattel by fencing; in pain to forfeit for every rood thereof unfenced for every month 3 s. 4 d.
V. Howbeit, the owner of such underwoods may fell such Standils as aforesaid for his own use, for building, repairing, inclosing, and maintaining of houses, orchards or gardens, or for pailing, railing, or inclosing of Parks, Forests, Chases, or other grounds, or for making or repairing of Water-works, Dams, Bridges, Floodgates, Ships, or other Vessels, notwithstanding this Act.
VI. Where there is such a Wood or Copice, wherein others have common, the Lord (owner of the soil) shall not fell or cut down the same (except to his own use) before he and the Commoners shall agree in the setting out of a fourth part thereof to be severally inclosed for the Lords use: And in case they cannot agree thereupon, two Justices of Peace appointed by the more part of the Justices in Sessions shall have power to call together twelve of the Commoners, and Inhabitants there, and with the Lords and their consent to set out the fourth part thereof to be severally inclosed by the said Lord within one month after, and then to be felled at his pleasure: and also to be subject to the aforesaid laws of other Copices, upon such penalties as aforesaid: Onely if any Beast be suffered to come into such fourth part within seven years after they are felled, the owner of such cattel shall forfeit for every such beast 4 d. And if the owner of such wood or Copice cut down any trees or underwoods there, contrary to the form aforesaid, he shall forfeit for every tree so cut down 6 s. 8 d.
VII. The said forfeitures are to be recovered in any Court of Record, and to be divided betwixt the King and the Prosecutor.
VIII. Here during the said seven years next after such felling of such fourth part, the Commoners shall be excluded for commoning therein, so also shall the Lord be debarred to common in the residue. But after the said seven years expired, both the Lord and Commoners may intercommon in the whole, as they did before the division.
IX. Provided, that every one may fell and inclose all such his copice, or underwoods in wast grounds, as before this time have used to be inclosed, and preserved for the maintenance of wood and underwood, notwithstanding this Act.
[Page 651]X. The Commoners also (in case the said Lord do not fell his fourth part within four months after such division) may common in the said part until it be felled.
XI. This Act shall not extend to Underwoods in the wildes of Kent, Surrey, and Sussex, save onely to the common Woods there.
XII. Neither shall it extend to any Timber-trees, growing within two miles of the Sea, in Cornwell, dead at the top, or taken by the Kings Commission: Neither shall any offender be punishable by this Act, unless he be prosecuted within one year after the offence committed.
XIII. None shall break or destroy any fence or hedge made for the saving of any such Woods or Underwoods, in pain of 10 s. Neither shall any suffer his Swine (of the age of 10 weeks or above) to go or run in any such Grounds or Woods, unringed or unpegged, in pain to forfeit for them 4 d. a piece, which said forfeitures (in the Kings Woods) shall be divided betwixt the King and the finder; Bur (in other woods) betwixt the owner of the field, and the Prosecutor.
XIV. Underwoods in a Park shall be preserved by fencing onely 4. years after the felling thereof.
XV. If such Woods happen to be destroyed by the means of a stranger, and not by the owner himself or by his neglect, the Stranger shall be subject to the penalties of this Act, and not the Owner.
XVI. Yearling Colts and Calves may be put into such Woods within two years after the felling thereof.
XVII. Stat. 1. El. 15. None shall convert or imploy to Coal or other fuel, for the making of Iron, any Timber-tree, or trees of Oak, Beech, or Ash, of the bredth of a foot square at the Stubs, and growing within 14 miles of the Sea, or of any part of Thames, Severn, Wye, Humber, Dee, Tine, Tees, Trent, or other Navigable River, in pain to forfeit 40 s. for every Tree so converted, to be divided betwixt the King and the Prosecutor.
XVIII. This Act shall not extend to Sussex, the wild of Kent, or to the Parishes of Charlewood, Newdigate or Leigh in the wild of Surrey.
XIX. Stat. 13 El. 25. All Woods or Copices intended by the Statute of 35 H. 8.17. to be enclosed, and the springs thereof preserved, shall be so saved by the space of two years more then in the several clauses of the said Act is severally limited, according to the age of such Woods felled, upon such pains, as in the said Acts are contained: And none shall put any Cattel into any such [Page 652]Copice woods from the time of their sale, until the end of five years, nor from the end of five years until the end of six years, any Cattel but Calves and yearling Colts onely, until the end of six years, if the wood was under 14 years growth at the last fall, or until the end of 8 years, if it was above 14 years growth. And this Addition shall continue as long in force, as the said Statute of 35 H. 8.17.
XX. Stat. 23 El. 5. None shall convert into Coal or other fuel for the making of Iron or Iron Mettal, any Wood or Underwood, growing within the compass of 22 miles of London, or the Suburbs thereof, or of the River of Thames from Dorchester in Com. Oxon. downwards, or within four miles of the foot of the Downs, betwixt Arundel and Pemsey in Com. Sussex, or of Winchelsey, or Rie, or within two miles of Pemsey, or three miles of Hastings: in pain to forfeit for every load so converted 40 s. to be divided betwixt the Queen and the Prosecutor.
XXI. This Act shall not extend to any woods growing in any such part of the wildes of Surrey, Sussex, or Kent, within 22 miles of London or Thames, as is distant above 18 miles from London or Thames.
XXII. No new Iron-works, shall be erected within 22 miles of London, 14 miles of Thames, or four miles of the said Downs, Pemsey, Winchelsey, Hastings, or Rie, in pain of 100 l. to be imployed, as aforesaid.
XXIII. This Act shall not extend to the woods of Christopher Darrell Gentleman, in Newdigate, in the weld of Surrey.
XXIV. Stat. 27 El. 19. None shall make or set up within the Counties of Sussex, Surrey, or Kent, any Iron Mill, furnace, finary, or blomary, for the making of Iron or Iron Mettal, other then upon some old Bayes or Pens, whereupon such works have been lately standing, or else upon such lands, where such works may be continually furnished with sufficient supply of the parties own woods growing upon his own soil, being his in fee-simple, fee-tail, or for life, without impeachment of waste; nor shall convert to coal or other fuel for the making of such Iron, or Iron-Mettal, any sound Timbertree of Oak, Ash, or Elm, which will bear a foot-square at the stub, or any part thereof; in pain to forfeit for every such new work set up 300 l. and for every Timber-tree so converted 40 s. to be divided betwixt the King and the Prosecutor.
[Page 653]XXV. Howbeit, the lops and offal of such Timber-trees, may be converted to Coal for the purposes aforesaid within the welds of Sussex, Surrey, and Kent; so as it be not within eighteen miles of London, eight miles of Thames, four miles of Rie or Winchelsey, 3 miles of Hastings, or 4 miles of the foot of the Downs, betwixt Arundel and Pemsey aforesaid.
XXVI. Stat. 15 Car. 2. Cap. 2. Stat. 3. Reciting the Statute 43 El. Cap. doth not sufficiently prevent nor punish the cutting and spoiling of Woods. Enacted, that every Constable, Headborough, and other person in every County, City, or other place where they shall be Officers or Inhabitants, shall and may apprehend, or cause to be apprehended, every person they shall suspect, having, carrying, or conveying any burden or bundel of Wood, Poles, young Trees, Bark, bast of Trees, Gates, Stiles, Posts, Pales, Rails, or Hedge-wood, Broom, or Furze.
XXVII. And by Warrant under the hand and seal of any one Justice of the Peace, directed to any Officer, such Officer may enter into, and search the houses, yards, Gardens, and other places belonging to the houses of every person or persons they shall suspect to have any kind of such Wood, or other the said Trees, &c. and where they shall find any such, to apprehend every person suspected for cutting and taking the same, and as well those apprehended, carrying any kind of wood or other the trees and premises: as those in whose houses, or other places belonging to them, any of the same shall be found to carry before any one Justice of the Peace of the same County: And such persons suspected, do not give a good accompt how they came by the same by the consent of the owner, such as shall satisfie the said Justice, or within some convenient time to be set by the said Justice, produce the party of whom they bought the said wood, or some credible witness upon Oath, to prove such sale, which Oath the said Justice may administer, then such persons so suspected, and not giving such good accompt, nor producing such witness, shall be judged as convicted, for cutting and spoiling of woods, underwoods, poles, trees, gates, stiles, posts, pales, rails, hedgewood, broome or furze, within the meaning of the said Statute of Queen Elizabeth, and lyable to the punishments therein, and of this Act appointed.
XXVIII. Every person so convicted, shall for the first offence, give the owner satisfaction for his damages within such time as the Justice shall appoint, and over and above, pay down to the Overseers of the poor of the Parish where such offence is, such sum of money (not [Page 654]exceeding 10 s. as the said Justice shall think meet: in default of either of which payments, the said Justice may commit such offendor to the house of Correction, for such time (not exceeding one month) as he shall think fit, or to be whipt by the Constable or other Officer, as in his judgement shall seem expedient.
XXIX. And if such persons shall again commit the said offence, and be thereof convicted as before, that then the persons offending the second time, and convicted, shall be sent to the house of Correction for one moneth, and there be kept to hard labour: And for the third offence, convicted as before, shall be adjudged and deemed as Incorrigible Rogues.
XXX. Provided also, whosoever shall buy any burdens of wood, or any the premises mentioned in this Bill, suspected to be stolen, or unlawfully come by, the Justices, Mayors, or chief Officers, or any one of them within their respective Jurisdictions, upon complaint, may examine the matter upon Oath. And if they find the same was bought of any person suspected to have stolne, or unlawfully come by the same, then any one of the said Justices or chief Officer, shall and may award the party that bought the same, to pay treble the value thereof to the party from whom the same was stolne, or unlawfully taken: And in default of present payment, to issue forth their respective Warrants to levy the same by distress, and sale of the offendors goods, rendering the overplus to the party: And in default of such distress, to commit the party to the Goal, at his own will, there to remain one moneth without bail.
XXXI. Provided, no person be questioned for any offence within this Act, unless within 6. weeks after the offence committed.

☞VVoolls.

I. Stat. 18 E. 3. Stat. 2.3. Every man (as well stranger as other) may buy Woolls, as they can agree with the seller thereof.
II. Statutum Stapul. Cap. 12. None shall transport Woolls, Leather, or Woolfels to Berwick, or elsewhere into Scotland; neither shall any sell Wooll, Woolfels or Leather to any Scotchman, or to any other to be transported into Scotland, upon the pains contained in the third Article of this Statute, which see in Merchants.
[Page 655]* III. Stat. 31 E. 3.2. No wools shall be bought by fraud to abate the price thereof, upon grievous forfeiture: also balances and weights for wools (viz. of the sack, half sack, and quarter; pound, half pound, and quarter) shall be sent to all the Sheriffs of England, according to which every person shall make theirs without fee or reward, and none shall buy or sell by any other weight, in pain to be fined at the Kings will.
IV. Stat. 31 E. 3.8. No buyer of wools shall make any other refuse of wools, then hath been heretofore used, viz. of cote, gare, and villain fleeces: and every sack shall contain 16 stone, and the stone 14 pound, according to the Standard of the Exchequer: also all wools, fels, and leather bought in the Countrey shall be brought to the staples, and there shall remain 15 dayes at least, and those that cannot be sold in that time, shall be brought to the Ports ordained for the staple, to be transported beyond Sea, paying the due Customs and Subsidies, viz. for a sack of wool 50 s. for 300 woolfels 50 s. and for a last of leather 100 s.
V. No wools vendible shall be lodged, shewed, or sold, within 3. miles of the Staple: Howbeit, every one (but a Merchant may lodge, shew, and sell his wools, (being of his own growing) in his own house, or elsewhere at his pleasure.
VI. Stat. 31 E. 3.9. The Chancellor and Treasurer with the advice of others of the Kings Council shall have power to defer the transportation of wools, when they see it needful.
VII. Stat. 34 E. 3.19. No Custom or Subsidy shall be paid for Canvas to pack wool in.
VIII. Stat. 36 E. 3.11. All Merchants may transport wools without restraint, and no Subsidy or other charge shall be from henceforth set, or granted upon wools by Merchants or others, without assent in Parliament.
IX. Stat. 38 E. 3. Stat. 1.1.6. A repeal of the Felony imposed by the Statute of the Staple, Cap. 3.27 E. 3. (which see in Merchants) for transporting wools, &c. by Englishmen, but the forfeiture of lands and goods shall stand.
X. Stat. 43 E. 3.1. Whereas the Staple of wools, &c. hath been holden at Calice since the first of March, Anno 37 E. 3. That staple shall be wholly put out, and the staple shall be holden in these places following, viz. at Newcastle, Kingston upon Hull, Saint Buttolph, ( [...]lias Boston) Yarmouth, Quinborough, Westminster, Chichester, Winchester, Exeter, and Bristll, and the staples of Ireland, and Wales, shall be kept at the places where they were first ordained: Obsolete.
[Page 656]XI. Stat. 45 E. 3.4. No imposition or charge shall be put upon wools, woolfels, or leather (other then the custom and subsidie granted to the King) without assent of Parliament.
XII. Stat. 13 R 2.9. pars inde. None shall buy or sell wool at more weight, then at 14 pounds to the stone, in pain to forfeit the double to the party grieved, and to make fine to the King.
XIII. None (Alien or Denizen) shall make any other refuse of wool, but Cot, Gare, or Villein.
XIV. None shall buy wools by these words, good packing, or the like, in pain that the Broker shall suffer half a years imprisonment, and the buyer shall make fine to the King, and recompence the party grieved his double damages: neither shall any cause wools to be cocketed, but in the owners name, in pain to forfeit the same.
XV. Stat. 2 H. 5. Stat. 2.6. Merchandise of the Staple, viz. wools, fels, leather, lead, or [...]tin, shall not be transported beyond Sea without the Kings licence, until they be first brought to the staple, in pain to forfeit the same: Obsolete.
XVI. Stat. 8 H. 5.2. Every Merchant-stranger buying wools in England to convey them to the West-parts or elsewhere, and not coming to the staple to sell them there, shall bring to the Master of the Mint for every sack an ounce of Gold Bullion, and for every 3. pieces of tin another such ounce of Bullion, or the value in silver Bullion; in pain to forfeit such wool and tin, or the value thereof to the King: Obsolete.
XVII. Stat. 8 H. 6.22. No Alien shall cause any wools (which he intends to convey out of the Realm) to be forced, clacked, or bearded; in pain to forfeit the same, together with the double value thereof, and besides to be imprisoned.
XVIII. Every Wool-packer shall make good and due packing, and neither he nor any other shall make any inwinding within the fleece at the rolling thereof, nor put therein any looks, pelt-wool, tar, sand, earth, glass, or dirt, in pain that the party grieved shall have his action of Trespass and deceit against such offender at the common Law.
XIX. Stat. 14 H. 6 5. Wools and all other Merchandize in Creeks to be transported beyond Sea, shall be forfeited, whereof the King shall have the one moyety, and the finder the other: Obsolete.
* XX. Stat. 23 H. 8.17. None shall winde any fleece of wool not sufficiently rivered or washed, nor winde therein any Clay, Lead, Stones, Sand, Tails, deceitful locks, cot, calls, comber, lambs wool, or any other thing, whereby the fleece may be more weighty [Page 657]to the deceit of the buyer, in pain that the seller of any such deceitful wool shall forfeit for every such fleece 6 d. to be divided betwixt the King and the finder.
XXI. This Act shall not extend to such Counties, where the Inhabitants have not customably used to river or wash their sheep before they be shorn, nor to any persons who have used to sell their wool by tail, or number of the fleeces, and not by weight.
XXII. Stat. 37 H. 8.15. All persons are restrained to buy wools in Norfolk, and divers other Counties there mentioned, except merchants to convey them to the Staple, or others to convert them into Yarn, Hats, Girdles, or Cloth: But this Statute is now expired.
XXIII. Stat. 1 E. 6.6. Every person dwelling in Norfolk or Norwich may buy wools of Norfolk growth, as well as they might have done before the Statute of 37 H. 8.15. so as they sell or retail the same again in some open market or place in Norfolk or Norwich, to some person or persons (dwelling also there) that will there spin the same.
XXIV. Stat. 2, 3 P. M. 13. Any inhabitant of Halifax may buy wools (otherwise then by ingrossing and forestalling) so as they carry the same to Halifax, and there sell it to such poor people of that, or other Parishes adjoyning; as (to their knowledg) shall work them in cloth or yarn; and not to the rich Clothier, nor any other to sell again.
XXV. If the wool-driver shall sell his wools out of Halifax, or if any buy wools in Halifax, to sell the same unwrought in yarn or cloth, every such offender shall forfeit the double value of the Wool so sold or uttered, whereof the King and Queen is to have the one moyety, and the Prosecutor the other: And Justices of Peace in Sessions have power to hear and determine these offences.
XXVI. Stat. 12 Car. 2. cap. 32. None shall export any sheep, or wool, woolfels, mortlings, yarn, Fullers earth, fulling-clay, nor carry, load, or convey the same to be transported, upon several penalties, as well upon the owners of ships, as the persons that shall convey the same. See the Act at large.
XXVII. Stat. 14 Car. 2. cap. 18. None shall export any sheep, wool, woolfels, mortlings, shortlings, yarn made of wool, wool-flocks, Fullers earth, fulling-clay, nor Tobacco-pipe clay.
XXVIII. Justices of Assise, Goal-delivery, and Justices of the Peace, at their Quarter-Sessions, may hear and determine offences against the said Act.
[Page 638]XXIX. Stat. 14 Car. 2. cap. 19. No Forreign Wool-cards, Card-wire, or Iron for Wool-cards shall be imported, nor used in England or Wales.

Women, Widows, Wives, and Maids.

I. Magna Charta, 7, 9 H. 3. A Widow immediately after her husbands death shall have her marriage and inheritance, and shall give nothing for her dower, marriage, or inheritance which her husband and she held the day of his death.
II. Also she shall remain in the chief house of her husband forty dayes after his death, if the house be not a Castle, within which 40 dayes her dower shall be assigned her, if it were not assigned her before.
III. If the house be a Castle, and she depart from thence, then shall a convenient house be forthwith provided for her, where she may conveniently dwell untill her Dower be assigned, and in the mean time she shall have reasonable estovers of the common: And for her dower shall be assigned unto her the third part of all the land, which was her husbands in his life time, unless she were before endowed of less at the Church door.
IV. No widow shall be distrained to marry her self, while she will live without a husband: Howbeit, she shall find surety, that she shall not marry without the Kings licence and assent, if she hold of the King, nor without the assent of the Lord, in case she hold of another.
V. Prerog. Regis, 4.17 E. 2. The King shall assign dower to the Widows of his tenants in chief, albeit the heir be at age (if the widows will) and such widows before assignment of their dower shall swear, that they will not marry themselves without the Kings licence, whether the heirs be of full age or not.
VI. If they marry without licence, the King shall seize (by way of distress) the land they held of him in dower until he be satisfied at his own will, so that they shall take nothing of the issues thereof; For by such distresses they and their husbands must fine at his will, which in the time of H. 3. was estimated one years value of her Dower.
VII. Women that hold any Inheritance of the King in chief (of what age soever they be) shall likewise swear not to marry without the Kings licence: And if they do, their lands shall be seized, as aforesaid, until the King be satisfied at his will.
VIII. Stat. 31 H. 6.9. Where any person or persons take women [Page 677]by force, or otherwise (by perswasion) get them into their possession, and when they so have them, will not suffer them to go at large, until they have bound themselves by obligations or Statute Merchant in great sums of money to them or others for their use, and many times compel them to be married against their likings, and levy such sums upon their Lands: In these cases, the obligor shall have a Writ out of the Chancery, containing the matter of such evil usage, directed to the Sheriff of the County, where such offence is committed, to make Proclamation in full County, and also in the next County-Court after the receit of the Writ, that the offender shall appear at a certain day prefixed in the Writ before the Lord Chancellor, or otherwise before the Justices of Assize in the County where the offence is done, or else before some other person thereunto assigned by the Lord Chancellor: At which day, if the offender appear, the said Chancellor, Justices, or other person-shall duly examine the parties upon the premises; And if it be found that the obligations were so made, they shall be void; but otherwise, they shall stand in force: Also if the offender appear not, they shall likewise be void, as also all the proceedings thereupon.
IX. Here, if the Sheriff be remiss in the execution of such a writ, he shall forfeit 300 l. to be divided betwixt the King and the party that purchased the same Writ.
X. Stat. 4 & 5 P.M. 8. None shall take or convey, or cause to be taken or conveyed away any Maid, or Woman-child unmarried, being within the age of 16 years, out of the custody and against the will of the father or mother of such child, or of the person, to whom the father of such child (by his last will, or other Act in his lifetime) hath appointed Governance of such child (except such taking shall be by or for such person, (as without fraud) is master or mistriss of such child, or her guardian (in Soccage, or Chivalry) in pain of two years imprisonment without bail, or else to pay such fine, as shall be assessed by the Queens Council in the Star-Chamber.
XI. None shall take away, and deflower any such child, or against the will of her father, if he be living, or of her mother (having the custody of her if the Father be dead) contract matrimony with any such child (except by the title of Wardship) in pain to suffer five years imprisonment, or else to pay such fine, as shall be assessed by the said Council in the Star-Chamber.
XII. The said fines shall be divided betwixt the King and Queens Majesties, and the party grieved.
XIII. The said Council in the Star-Chamber, and Justices of Assize have power to hear and determine these offences.
XIV. If any such child, above the age of 12 years, and under the [Page 678]age of 16 years, do consent to any such contract of Matrimony, the next of the Kin, to whom her inheritance should come, shall enjoy it during her life: But after her decease it shall revert to the inheritor other then to him, that did so contract Matrimony.
XV. Provided, That this Act shall not be prejudicial to any custome, or authority concerning Orphans in London, or any other City, Borough, or Town.

Worsteds.

I. Stat. 17 R. 2.3. Merchants and Workers of clothes, called single Worsteds, may transport Bolts thereof, whither they please, (except to the Kings Enemies, paying the Customes and Subsidies due for the same, without paying the duties of Calais: So as under colour thereof they transport no double Worsteds, half double Worsteds, Worsteds ray, or Motley, in pain to forfeit the same.
* II. Stat. 7 E. 4.1. The Worsted-weavers in Norwich shall yearly upon Monday after Pentecost choose four of the same craft to be their Wardens for that City; and likewise those of the County of Norfolk shall then also choose four of the same craft there to be their Wardens for the said County; which Wardens shall take their oaths before the Mayor of Norwich, and the Steward of the Dutchy of Lancaster, if the Steward be then resident in the said County, otherwise, before the Mayor alone.
III. The said Wardens have power, for the year next ensuing, to survey the Workmanship of the Artificers of that craft, whether or no they work well and make their work of good stuff, and likewise to make Ordinances for the amendment of the said Worsteds and craft: All which Ordinances shall be obeyed and kept by the said Artificers, in pain to be punished by four of the said Wardens either in City or County respectively (calling to them six other such Artificers) at the discretion of the said Mayor and Steward, or one of them.
IV. Also the lengths and bredths of Pieces of Worsted are here set down: For which see the Statute at large.
V. No Lambs-wooll shall be put in Worsteds: And the said Wardens have power to seize all such clothes, and stuff, being defective.
VI. The Mayor and Stewards aforesaid have power to hear and determine all offences committed against the said Ordinances, and at convenient times to call together the said 12 Artificers to be sworn to make search of the stuff and work wrought and made by the said Wardens, and if they be found defective either in their office, or work, to punish them as other Artificers.
[Page 679]VII. The Wardens have also power to make such search in the Counties of Suffolk and Cambridg, as well as in Norwich and Norfolk.
VIII. Defective Worsteds shall be forfeit, viz. (in Norwich) the one half thereof to the Mayor there, or (in Corporations, or other places) to the chief Officers or Lord of the Mannor, and the other half to the said Wardens: And Worsted-weavers shall set their proper marks woven upon their Stuffs, in pain to forfeit them to the King.
IX. The faid 8 Wardens shall yearly upon Munday next after Corpus Christi, assign one, two, or more places in Norwich, and as many in Norfolk, and certain days by the week, to the end that the Worsteds to be put to sale that year, may be brought before the said Wardens to be searched, and if they find them well made, they shall set a mark thereupon without fee, that the buyer may know which are well searched, wrought, and made of good stuff: But if they shall find them defective, the said Mayor and Steward, or one of them shall impose such correction for such default, as to them shall seem meet: And the price of every piece of Worsted sold not marked, shall be forfeited by the first seller thereof.
X. All Mayors, Bailiffs, and other Officers shall be aiding and assistant to the said Wardens in their search, as often as they shall be required by the said Wardens, or any of them so to do.
XI. Stat. 11 H. 7.11. Citizens of Norwich may take to apprentice the son or daughter of any person.
XII. Stat. 5 H. 8.4. None shall dry calander any Worsteds, in pain to forfeit for every piece 5 l. Neither shall any wet calander any Worsteds, unless he have served 7 years as an apprentice in that Trade, and be approved by the Mayor of Norwich, and the two Masters of that Craft in Norwich or Norfolk, upon the like pain of 5 l. for every piece calandred contrary to this Act. Which said forfeitures shall be divided betwixt the King and the said Masters of the Craft of wet calandring.
XIII. Stat. 14.15 H. 8.3. A long Statute for Worsted-weaters in Yarmouth and Linne; The Election, Oath, and Authority of a Warden for Yarmouth: Every person shall mark his Worsteds, Sayes, &c. with his several marks: The Election, Oath, and Authority of a Warden for Linne: Every Worsted-weaver in Linne shall be an English-man born, and shall have his proper mark: A Warden of Norwich or Norfolk shall come to Lynne, when there is no Warden there, and his allowance by the day of his charge in coming thither: What names, or additions the parties grieved shall use in their actions, whereupon the particular bodies of the Wardens, or [Page 680]Inhabitants may be put in execution; Clothes marked by Wardens of Linne, or Yarmouth, may be lawfully put to sale: What apprentices Worsted-weavers in Linne and Yarmomth may take; This Statute shall not be prejudicial to the Mayor of Norwich, or the Wardens there: None shall sheer, dye, or calander any Worsteds, Sayes, &c. save only in Norwich: Neither shall any such Stuffs be transported before they be so shorn, dyed, and calandred. See the Statute at large.
XIV. Stat. 25 H. 8.5. The Statute of 5 H. 8.4. is made perpetual, and none that dieth Worsteds, Stamins, or Sayes, shall use to calander them, in pain to forfeit for every Piece 40 s. to be divided into three parts, whereof the King is to have one, the Mayor of Norwich another, and the Prosecutor the third.

Wreck.

I. West. 1.4. 3 E. 1. Where a man, dog, or cat escape alive out of the Ship, neither the Ship or other vessel, nor any thing therein shall be adjudged wreck, but the goods shall be saved and kept by the Sheriff, Coroners, or the Kings Bailiffs, and delivered to the Inhabitants of the Town, where the goods are found; so that if any within a year and a day sue for those goods, and after prove that they were his at the time of the Shipwrack, they shall be restored to him without delay: But if not, they shall be seized by the said Sheriff, Coroners, or Bayliffs for the Kings use, and shall be delivered to the Inhabitants of the Town, who shall answer before the Justices for the Wreck belonging to the King.
II. Also where the Wreck belongeth to another, he shall have it in like manner: and if any be attainted to have done otherwise, he shall suffer imprisonment, make fine to the King, and yield damages also.
III. If a Bayliff do it, and it be disallowed by his Lord, the Bayliff shall answer for it, if he have whereof; but if not, the Lord shall deliver his Bailiffs body to the King.
IV. Prerog. Reg. 11. 17 E. 2. The King shall have wreck of the Sea, Whales, and great Sturgeons taken in the Sea, and elsewhere throughout the whole Realm, except in places priviledged by the King.

Writs and abatements of Writs.

I. West. 2.24. 13 E. 1. Pars inde. Where in the Chancery in one case a Writ is found, and in another case falling under like law, [Page 681]and requiring like remedy, there is found none, the Clerks of the Chancery shall agree in making the Writ, or the Plaintiffs may adjourn it untill the next Parliament, and then the cases being written, in which they cannot agree, let them refer themselves to the next Parliament, where (by the consent of men learned in the Law) a Writ shall be framed: lest the Kings Court should fail to administer Justice to complainants.
II. West. 2.49. 13 E. 1. Pars inde. Where the Law faileth, lest Suitors should depart from the Kings Court without remedy, Writs shall be provided in their cases.
III. Stat. 6 R. 2. Stat. 1.2. If in Writs of debt, accompt, and the like, it shall be declared, that the contract thereof was made in another County, then is contained in the original Writ, such Writ shall be abated.

Vid. Title Arrests. Numb. 4.

Yarn.

I. Stat. [...] H. 6.23. NOne shall export any Thrums or Woollen Yarn under colour of Thrums, in pain to forfeit the double value thereof.

York.

I. Stat. 29 H. 6.3. All Letters Parents granted to Citizens of York, to be exempt of the offices of Mayoralty, Sherifwick, Chamberlain, Collector of Dismes and Quinzims, and Citizen for the Parliament, shall be void: and the Citizen who purchaseth or taketh such exemption shall forfeit 40 l. to the King, and Mayor and Citizens of York.
II. Stat. 34, 35 H. 8.10. An Act for making of Coverlets within York, and none shall be made to be put to sale in Yorkshire, but onely in the Town of York, together with divers other good provisions touching that subject. For which, see the Statute at large.

[Page 682]

The New ACTS lately made at Oxon. Anno 17^o Caroli Secundi Regis, Abridged, and here added by way of APPENDIX.

Non-conformists.

I. Stat. 17 Car. 2. Cap. 1. apud Oxon. ENacted, That all Parsons, Vicars, Curates, Lecturers, and other persons in or pretending to serve in Holy Orders, and all Stipendaries or other persons who have been possessed of any Ecclesiastical or Spiritual Promotion, and who have not declared their assent, and subscribed the Declaration mentioned in the ACT of 14 Car. 2. For Uniformity of Publique Prayers, &c. And shall not take and subscribe the Oath following: ‘I A. B. Do swear, That it is not lawfull upon any pretence what soever, to take up Arms against the King: And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person, or against those that are Commissionated by him, in pursuance of such Commissions; And that I will not at any time endeavour any alteration of Government either in Church or State.’
II. And all such persons who shall take upon them to preach in any unlawful assembly, conventicle, or meeting, under colour or pretence of any exercise of Religion, contrary to the Laws and Statutes of this Kingdom, shall not at any time after the 24th of March, 1665, unless in passing upon the Road, come or be within five miles of any City or Town Corporate, or Borough that sends [Page 683]Burgesses to the Parliament within England, Wales, or Town of Berwick upon Tweed, or within five miles of any Parish, Town, or Place wherein he or they have since the Act of Oblivion, been Parson, Vicar, Curate, Stipendary or Lecturer, or taken upon them to preach in any unlawful Assembly, Conventicle, or Meeting, under colour or pretence of any exercise of Religion, contrary to the Laws and Statutes of this Kingdom, before he or they have taken and subscribed the said Oath, before the Justices of the Peace at their Quarter-Sessions, to be holden at the Division next to the Corporat on, City or Borough, Parish, Place or Town in open Court, (which the said Justices are impowred to administer) upon forfeiture for every such offence the sum of forty pounds: one third thereof to his Majesty and his Successors, the other third part to the poor of the Parish where the offence is committed; the other third part to the person that will sue for the fame, by Action of Debt, Plaint, Bill, or Information, in any Court of Record at Westminster, or before any Justices of Assize, O [...]er and Terminer, or Goal Delivery, Justices of the Counties Palatine of Chester, La [...]caster, or Durham, Great Sessions in Wales, or Justices of the Peace in their Quarter-Sessions, no Essoin, Protection, or Wager of Law to be allowed.
III. It shall not be lawfull for any person or persons restrained from coming to any City, Town Corporate, Burrough, Parish, Town or Place, as aforesaid, or for any other person or persons as shall not first take and subscribe the said oath, and as shall not frequent Divine Service, established by the Law of this Kingdom, and carry him or her self reverently there, to teach any publique or private School, or take any Boarders or Tablers to be taught or instructed by him or her self, or any other, upon pain of forty pounds for every offence, to be recovered and distributed as aforesaid.
IV. Any two Justices of the Peace in the respective County, upon oath to them of any offence against this Act, which oath they are impowred to administer, may commit the offender for six moneths without Bail, unless before such Commitment, he shall before the said Justices of the Peace swear and subscribe the said Oath and Declaration. Provided, That appearance to any Subpoena, Warrant, or Process, whereby perso [...]al appearance is required, shall not be construed an offence within this Act.

[Page 684]

Churches and Chappells.

I. An Act for uniting Churches and Chappels in Towns Corporate. See 27 Car. 2. Cap. 3. Apud Oxon.

Books and Printing.

I. Stat. 17 Car. 2. Cap. 4. apud Oxon. The Act for preventing abuses in Printing Seditions, Treasonable, and unlicensed Pamphlets, and for regulating Printing, continued in force untill the end of the first Session of the next Parliament.
II. And further, That after the 26. of September 1665. every Printer within London, or any other places, except the two Universities, shall reserve three printed Copies of the best and largest Paper, of every Book new printed, or reprinted with additions, and shall before any publique sale of the said Book, bring them to the Master of the Company of Stationers, and deliver them to him, one whereof shall within ten dayes after, be delivered to the Keeper of his Majesties Library, and the other two within the said ten dayes to be sent to the Vice-Chancellors of the Two Universities respectively, for the use of their publique Libraries.
III. And the Printers in the said Universities respectively, after the said 26th of December, shall deliver one such printed Copy as aforesaid so new printed or reprinted in the said Universities, to the Keeper of the Kings Library as aforesaid; as also to the Vice-Chancellors of either of the said Universities for the time being, two other such printed Copies, for their publique respective Libraries. And for default of so doing by the Printer, or Master of the Company of Stationers, to forfeit beside the value of the said printed Copies 5 l. for every Copy not so delivered: The same to be recovered by his Majesty, his Heirs and Successors: And by the Chancellor, Masters and Schollers of the said Universities respectively by Action of Debt, Bill, Plaint, or Information, in any of his Majesties Courts of Record at Westminster.

[Page]

[Page 685]

Treason.

I. Stat. 17 Car. 2. Cap. 5. apud Oxon. An Act for Attainting Thomas Dolman, Joseph Bampfield, and Thomas Scott, of High Treason, if they render not themselves to some of his Majesties Justices of the Peace for the County wherein they shall first arrive at or before the first of February next, and abide their legall Tryal.
II. And for attainting every person that is or shall be beyond the Seas during the War with the United Provinces, that being required by his Majesties Proclamation shall not return and render themselves accordingly, so that the time prefixed by such Proclamation, be not less then three Calender months from the date thereof.
III. And all his Majesties Subjects who after the first of February next, shall during the said Warr serve the said States either by Sea or Land as a Souldier, or Marriner or Seaman on this side the Straights, or after the first of May, 1666, within the Straights, or after the first of August 1666. in Africa, or America, or any where beyond the Straights, on this side the Aequinoctial; or after the first of February 1666. in the East-Indies, or in any part beyond the Aequinoctial, shall be attainted of High Treason.

Damages Cleer.

I. Stat. 17 Car. 2. Cap. 6. apud Oxon. All Damage Cleer, or Fees called Damna Clericorum, from and after the 29th of September, which shall be in the year 1672. shall cease and be abolished in all Courts at Westminster, and elsewhere within England and Wales.
II. And untill the said 29th of September 1672. and no longer Damage Cleer shall be paid and allowed out of such sums of money only as shall be actually levied or paid by or from the Defendants; and onely for the proportion of the sum and sums of money levied or paid, and no more or otherwise.

[Page 686]

Distresses.

I. Stat. 17 Car. 2. Cap. 7. Apud Oxon. For more speedy and effectual proceeding upon Distresses and Avowries for Rents, Enacted, That when any Plaintiff in Replevin, by Plaint or Writ returned, removed, or depending in any of the Kings Courts at Westminster, the Defendant making a Suggestion in nature of an Avowry or Conusance for such Rent, to ascertain the Court of the cause of the Distress, the Court upon his prayer, shall award a Writ to the Sheriff of the County where the Distress was taken, to enquire by the oaths of 12 good and lawful men of his Baylywick, touching the sum in arrear at the time of such Distress taken, and the value of the Goods or Cattel distrained; And thereupon 15 dayes shall be given to the Plaintiff or his Attorney in Court, of the sitting in such Enquiry; And thereupon the Sheriff shall enquire, of the truth of the matters contained in such Writ, by the oaths of 12 good and lawful men of his County: And upon the return of such inquisition, the Defendant shall have Judgment to recover against the Plaintiff the arrearages of such Rent, in case the Goods or Cattel distrained shall amount unto that value: And if they amount not to that value, then so much as the value of the said Goods and Cattel so distrained, shall amount unto, together with full costs of Suit, and shall have Execution thereupon, by Fieri Facias, or Elegit, or otherwise as the Law shall require. And in case such Plaintiff shall be nonsuit after Conusance, or Avowry made, and Issue joyned, or if the Verdict shall be given against such Plaintiff, then the Jurors that are impanelled or returned to enquire of such issue, shall at the prayer of the Defendant enquire concerning the sum of such arrears, and the value of the Goods or Cattel distrained: And thereupon the Avowant, or he that makes Conusance, shall have Judgment for such arrearages, or so much thereof as the Goods or Cattel distrained amounts unto, together with his full Costs, and shall have Execution for the same by Fieri Facias or Elegit, or otherwise, as the Law shall require.
II. And if Judgment in any of the Courts aforesaid be given upon Demurrer for the Avowant, or him that maketh Conusance for any Rent, the Court shall at the prayer of the Defendant award a Writ to enquire of the value of such distress; And upon return thereof, Judgment shall be given for the Avowant, or him that makes Conufance as aforesaid, for the arrears alledged to be behind in such [Page 687]Avowry or Conusance, if the Goods or Cattel so distrained, amount to that value: And if they shall not amount to that value, then for so much as the said Goods or Cattel so distrained amount unto, together with his full costs of Suit, and shall have like Execution as aforesaid. Provided, That in all cases aforsaid where the value of the Cattel distrained as aforesaid, shall not be found to be to the full value of the arrears distrained for, that the party to whom such Arrears were due, his Executors or Administrators may from time to time distrain again for the residue of the said arrears.

Suits and Delayes.

I. Stat. 17 Car. 2. Cap. 8. Apud Oxon. For avoiding unnecessary Suits and Delays, Enacted, That in all Actions personal and real, or mixt, the death of either party between the Verdict and the Judgment, shall not hereafter be alledged for Errour; so as such Judgment be entred within two Terms after such Verdict.
II. And where any Judgment after a Verdict shall be had, by or in the name of any Executor or Administrator; In such case an Administrators de bonis non, may sue forth a Scire facias, and take Execution upon such Judgment. This Act to continue for five years; and from thence to the end of the next Session of Parliament.

[Page]

A perfect TABLE, which may serve as a CONCORDANCE, for the ready discovery of any material Clause throughout the said Statutes.

ABatement of Writs. Abbeys, Priories, Hospitals, Chappels, and other Houses, and Corporations.
Advowson 7.
- Franchises 31, &c.
- Monasteries.
- Tenure 11, &c.
- Vacation of Bishopricks.
Abettors.
Appeals 5.
Ability and Nonability, Pag. 1
- Crown 153, 155, 170.
Abjuration.
- Crown 70, &c.
- Forrests 10, 19.
- Purveyors 33.
- Wards 18
Accessary.
- Appeals 2
- England and Scotland 5
- Triall 13.14.
Account, Pag. 2
- Customs 5.
- Debt to the King 8, &c.
- Receivers.
Accusation, Pag. 4
- Triall 3.
Acquittances,
- First-fruits 17
Action Popular, Pag. 5
- Demurrers 2
- Informers.
- Jurors 36, &c.
- Monopolies 5
Action upon the Case.
- Process 12
- Tythes 2.
Addition, Pag. 6
- Discontinuance of process 4
Adjornment. Pag. 7
Admeasurement of Dower, Pag. 7
Admeasurement of Pasture, Pag. 7
Administrators, Pag. 7
Executors, Pag. 8
Admiralty,
- Fish 35
- Ships 33, 45.
Ad quod damnum.
- Mortmain.
Advowson, Pag. 8
- Dayes in Bank 20.
- Incumbent.
Age, Pag. 10
[Page]Aide of the King, Pag. 10
Aide to marry the daughter, and to make the Son a Knight.
- Reasonable Aide.
Ayel, Besayel, Cosinage.
- Cosinage.
- Damages 3, &c.
Alehouses.
- Customs 6, 11.
Ale and Beer.
- Alehouses.
Alienation without licence Pag. 14
- Tenure 7.
Aliens. Pag. 14
- Ability 2, 3, 4, 5.
- Crown 147.
- Customs 9.12.14.17.20.
- Drapery 42.69.
- English-men.
- Gauging 14.
- Hats and Caps 9.
- Informers 9, 10.
- Ireland 10.
- Merchants.
- Money 34.
- Proviso 4.5.
- Staple.
- Tythes 3.
- Victuals 6.
- Wines 8.
Allegiance.
- Crown 108.
Amendments, Pag. 18
Amerciaments, Pag. 19
Ampthil.
- Honours.
Anniversary Fast, Pag. 19
Anniversary thanksgiving, Pag. 20
Annates.
- First-Fruits.
Apothecaries.
- Physitians 26.
Apparance, Pag. 20
- Essoyn 12.
Appeals Pag. 20
- Clergy 8.
- Demurrers 2.
- Essoyn 8.15.
- Triall 13.
Appeals to Rome, Pag. 21
Apprentice, Pag. 21
- Aliens 6.19. &c.
- Cordwainers 26.
- Corporation 3, 4.
- Drapery 168.195.
- Hats and Caps 1.5.8.
- Labourers
- Norwich 5
- Passage 15, &c.
- Poor people 21
- Ships 25.59.
- Worsteds.
Appropriations Pag. 22
Approvements Pag. 23
Approvers.
- Pardon 11.
Archery.
- Playes.
Armour, Arms, Pag. 24
- Crown 145
- Musters.
- Treason 5.
- Wales 9.
Arrests. Pag. 25
Arrow-heads Pag. 26
Artificers.
- Aliens 2. &c. 19. &c.
- Cordwainers 11.30.39.40.59.60.67.
- [Page]Labourers.
- Merchants 63
- Wares.
Assault and Fray Pag. 27
Assises, Pag. 27
- Conusance.
- Essoyn 4, 12.
- Justice of Assise.
- Nisi prius.
Assize of Bread and Drink.
- Weights.
Assize of Darrein presentment.
- Dayes in Bank.
Assurance Office.
- Merchants 77, &c.
Attaint, Pag. 30
- Age 3.
- Dayes in Bank 14.22.
- Essoin 4.
- Limitation 9.
Attorney, Pag. 35
- Apparence 4
- Attaint 47
- Jeofail 3.
- Trespass 4.
Attornment.
- Error 8
Auditors.
- Account.
- Receivers.
Augmentations.
- Courts.
Aulnage, Aulnagers.
- Account 5
- Drap [...]ry 3.5.8, 9.11, &c. 140, 141, 202, &c. 290.
- Estreats 6.
- Wales 144, 145.
Avowry, Pag. 37
Badgers.
- Corn.
- Universities.
Bail.
- Felony 23
- Mainprize.
Bayliffs of Mannors, &c.
- Account.
- Eschequer.
- Franchises.
- Indictments.
Bayliffs of Cities, Franchises, and Towns.
- Corporations.
- Franchises.
- Towns.
- Sheriffs.

BAkers.
- Aliens 32
- Clerk of the Market.
- Weights.
Ballast.
- Havens 7.
Banks, Pag. 37
Bankrupt, Pag. 38
Barbers.
- Physitians 26.
Bargains and Sales.
- Inrollments.
- Uses.
Bark.
- Cordwainers 36, 37.
Barking of Trees.
- Burning of Carts; &c.
Barons.
- County 2
- Crown 12.126.
- Forrests 11, 18.
Barons of the Eschequer.
- Account 3.
- [Page]Attorney [...].
- Commission.
- Damages 5.
- Drapery 21, 43.
- Error.
- Eschequer.
- Escheators 1.
- Executors 9.
- Justice 4.
- Sheriffs 4, 7, 68.
- Staple 27.
Barwick, Pag. 42
- B [...]tchers 3
Bastardy and Bastards Pag. 42
- Ability 4
Barne.
- Vagabonds 8.
Battail & Grand Assise Pag. 43
- Dower 5
Beau-pleader, Pag. 43
Beer.
- Clapbord.
- Coopers.
Beggers.
- Vagabonds.
Bel-mettle.
- Brass.
Benevolences.
- Taxes.
Bigamie.
- Clergy 2, 5, 27.
- Matrimony 6
Bisextus.
- Dayes in Bank.
Benevolence, Pag. 44
Bishops Bishopricks, Pag. 44
- Ability 4.
- Appeals to Rome.
- Appropriations.
- Crown 44, &c. 57.
- Debt to the King 12
- First-fruits 12 &c.
- Le [...]se 9
Rome.
- Vacations of Bishopricks.
Blackmail.
- Felony 19.
Blackney.
- Fish 14, 15.
Boats and Boatmen.
- Passage.
Books and Images, Pag. 46
- Crown 143
Bows & Bow-staves, Pag. 47
- Playes.
Brass, Pewter, Copper, Bel-mettle, &c. Pag. 47
Bread, Ale, and Beer.
- Clerk of the Market.
- Weights.
Breakers of Leagues and Truces, Pag. 50
Brewers.
- Al [...]-houses 9.
- Aliens 32
- Coopers.
- Gauging 12
- Weights.
Bridges. Pag. 51
Borderers.
- England and Scotland.
Brokers. Pag. 52
Buckstales.
- Forrests,
- Hunting,
- Parks.
Buggery
- Felony 11.
Bullion, Plate, Jewel [...],
- Gold.
- [Page]Money.
Bulls from Rome.
- Dispensations.
Burford.
- Bridges 1.
Burglary
- Forfeiture 10.
Buriall.
- Crown 138.
Burning of Carts and Wood, Pag. 53
- Felony 19
Burport.
- Cables 1.
Butchers Pag. 53
- Calves 2.
- Cordwainers 25.
- Victuall.
- Weights.
Butler of the King, Pag. 53
Butter and Chéese, Pag. 54
- Corn.
Buts.
- Playes.
Buying and selling.
- Corn.
Buying of Titles.
- Actions popular 10
- Champerty.
- Informers 8
Buxton.
- Vagabonds 8.

CAbles, Halsors, and Ropes, Pag. 55
Calves Pag. 56
- Cordwainers 24.
Cambridg and Cambridgshire Pag. 56
- Aliens. 14. 27. 34.
- Butchers 3.
- Crown 140.
Caps.
- Hats.
Captains & Souldiers Pag. 56
- Musters 55
Captives Pag. 68
Cardiff.
- Bridges 10
Cask.
- Clapbord.
Carlile.
- Butchers 3.
Carlion.
- Bridges 12
Castles, Fortresses, &c. Pag. 68
Cattle.
- Forestallers.
- Horses.
Certificate.
- Ability 4.
- Bishops 14
- Butler of the King 2.
- Captains 28, &c.
- Commission 5
- Crown 19.
Certificate of the Cause of Attainder, &c. Pag. 68
Certiorari.
- Corpus cum causa:
Cessavit Pag. 69
- Contra formam collationis.
Challenge. Pag. 69
Champerty Pag. 6
- Actions popular 7.10.
- Informers 8.
- [Page]Maintenance
- Nisi prius 9
Chancellor
- Aliens 1.14
- Bankrupts 1, 3, 10
- Books 4
- Butter 1
- Chancery
- Corporation 1.
- Custos Rotulorum
- Error
- Escheators 1
- Execution of Statutes
- Executors 9
- Exigent 1, 2
- First-fruits
- Fish 13
- Hospitals 6.
- Infections
- Justice 5
- Merchants
- Mortmain
- Parliament 35, &c.
- Sewers
- Sheriffs 7
- Staple 32, &c.
- Treason 1
- Triall 8
- Vacations of Bishopricks
- Vagabonds 13
- Wales 93, 140
- Wards 36, 48, 51, 84, 86
- Wines
- Woolls 6
- Women 8
Chancery Pag. 70
- Accusation 10, 11
- Pardon
Chaplains
- Residence
Chases
- Forests
Chanteries
- Monasteries
Cheese
- Butter
Chelsey Pag. 71
Chepstow
- Brides 15
- Ships 52
Chester and Cheshire Pag. 72
- Certificate of the, &c. 5
- Corn 8
- Courts 32
- Eschequer
- Exigent 11, &c.
- Fines 32
- Wales 152
Chichester.
- County 5.
- Paving 9
Chimage
- Forests 14
Churches
- Fighting
Church-service
- Crown 44, &c.
- Service and Sacraments
Church-wardens
- Alehouses
- Captains 22, &c.
- Clerk of the Market 6
- Crown 100, 150
Church-yards Pag. 73
- Mortmain 16
Cinque-Ports
- Five Ports
Cirographer Pag. 73
- Error 2
- Fees 2
Citation Pag. 73
Clapbord Pag. 74
- Malt 13
Clergy Pag. 74
- [Page]Conjuration.
- Fairs and Markets 21
Clerk of Assize.
- Certificate of the cause of Attainder.
- Justices of Assize.
Clerk of the Chancery Pag. 78
- Addition 4.
Clerks of the Crown, Pag. 78
- Certificate of the cause of Attainder.
Clerk of the Estreats,
- Estr [...]ats.
- Sheriffs.
Clerk of the Market, Pag. 78
- Franchises 23. 6.
- Weights.
Clerk of the Peace.
- Certificate of the cause of Attainder.
- Corn 3.
- Custos Rotulorum. 3.
- Inrolements.
- Paving 4.
Clerk of the Recognisances.
- Fraudulent Conveyances 9, &c.
- Recognisance.
Clerks of the privy Signet and privy Seal Pag. 79
Clerk of the Sewers.
- Sewers.
Clerk attaint.
- Certificate of the &c.
Clerk convict.
- Clergy.
Client.
- Attorney.
Clothes and Clothing.
- Drop [...]y.
Coaches Pag. 80
Coachmakers.
- Cordwainers 46
Coal. Pag. 81
- Fuel.
- Wood 17, &c.
Coin.
- Money.
Collectors Pag. 82
Colledges.
- Chelsey.
- Election.
- Patents 18
Collusion.
- Admeasurement of Dower.
- Advowson 12
- Conusance.
Common.
- Approvements.
- Assizes 6. 12.
- Horse [...].
Common Place.
- Attaint 47.
Common Pleas. Pag. 83
- Adjornment
- Constable and Marshall.
Commissions and Commissioners, Pag. 82
- Discontinuance of Process 3. 5.
- Escheators 21 &c.
- First-fruits.
- Hospitals 16 &c.
- Sewers.
Common Prayer. See Religion.
Concealments.
- Limitation 11.
Conditions, Pag. 83
- Patents 27
Confirmation, Pag. 83
Cony-skins,
- [Page]Merchants 84 &c.
Conjuration, Pag. 84
Consecration of Bishops, &c.
- Bishops 16, &c.
Conspiracies. Pag. 85
- Nifi prius 9.
- Victual 16
Constables of Hundreds and Towns.
- Ale-houses.
- Banks 5.
- Bridges 4.
- Captains 22. &c.
- Crown 78. 150.
- Drapery 48. 29. 230
- Feasants 22.
- High-wayes.
- Holy-dayes.
- Horses 14
- Malt.
- Merchants 4.
- Plague.
- Purveyors.
- Swearing.
- Vagaboads.
Constable and Marshal Pag. 85
- Appeals 9.
- Exchequer 12
Consultation.
- Prohibition.
Contra formam callationis, Pag. 86
Controllers.
- Accompt 6.
Conventicles. Pag. 86
Conusance Pag. 86
Copartners.
- Advowson 4, 9.
- Partition.
Copyhold Pag. 87
- Crown 79.
Copper.
- Brass.
Cordage.
- Cables.
Cordwainers, &c. Pag. 87
Corn and grain Pag. 95
- Forestallers.
Corodies.
- Assizes 5.
Coroners Pag. 96
- Attaint 14 &c.
- Crown 80
- Marshalsey 3.
- Murder.
- Pardon.
- Parliament 18 &c.
- Riots.
- Robberies.
- Sheriffs.
Corporation. Pag. 96
- Corn 8.
- Drapery 150. &c. 162. &c. 186. &c. 224. &c. 234. 291.
- Escheators 19. 30.
- Fish.
- Forcible entry.
- Franchiser 29
- Hespitals 7 & 5.
- Labourers.
- London 7.
- Merchants 3.
- Monopolies 6.
- Mortmain 18 &c.
- Musters 10.
- Norwich 8, 9.
- Oyle.
- [Page]Parliament
- Perjury
- Towns
Corpus cum causa Pag. 97
Cosinage Ayel, &c. Pag. 98
- Costs
- Damages
- E [...]i [...]lence 2
Cottages Pag. 98
Coverlets
- Norwich
Counterfeit Letters, &c. Pag. 90
Counterpleader
- Advowson 12
County and Turn Pag. 99
- Essoyn 3
- Evidence 1
- Sh [...]riffs 49, &c.
- Wales 143
Coopers Pag. 100
Court B [...]ron
- Essoy [...] 3
Courts Pag. 102
- Crown 158, &c.
- Deceit 1, 2
- Essoyn 3
Cross-bowes and Hand-guns Pag. 107
- Playes
Crosses Pag. 109
Crown Pag. 110
- Ability 2
- Approvements 9
Cui in vita Pag. 132
Culhamsord
- Bridges 1
Cumberland
- Corn 2
Currier
- Cordwainers
Customs, Cuttomers, and Controllers Pag. 132
- Account 5
- Actions popular 10
- Brass 17, &c.
- Cordwainers 2, &c. 70
- Crown 114
- Debt to the King 23
- Horses 2, &c.
- Malt 12
- Merchants
- Office [...]s
- Ships 1.13.15
- Staple 5, &c.
- Wines
- Wools 7, 8, 11
Customs and Services.
- Tenure
Customs and usages Pag. 136
Custos Rotulorum Pag. 136
Cutting Dams, Heads of Ponds, Conduits, Pipes, Tongues, and Fars.
- Burning of Carts, &c.
- Fish 42
Cutpurses
- Clergy 32.

DAyes Festival
- Holy Dayes
Dayes in Bank Pag. 137
Damages and Costs, Pag. 141
Damms
- Cutting Damms
Darrein Yresentment Pag. 142
- Advowson
- Assises 4
- Dayes in Bank 5.22
- [Page]Essoyn 1.15
- Justices in Eyre 3.
Debt Pag. 142
- Process 3
Debt to the King Pag. 144
- Debt 4
- Distresses 2, 11.
- England and Scotland 8
- Exchequer 5
- Protection 2
- Receivers
- Sheriffs 12
Deceit Pag. 146
- Process 14, &c.
Decies tantum Pag. 147
Declaration Pag. 147
Dedimus potestatum
- Commissions
Déeds and Writing. Pag. 147
- Inrolemēnts
Default
- Dower 4
Delegates
- Rome 4
Demurrers Pag. 147
Denizens
- Aliens
Descent
- Ability 2, 3, 5.
Det
- Debt
Det to the King Pag. 144
- Debt to the King.
Detinue
- Process 3
Devise
- Wills
Devonshire
- Drapery
Dying and Dyers.
- Drapery 70, &c. 108, &c. 212 229.
Dilapidations Pag. 148
Disceit Pag. 148
- Deceit
Discent
- Descent
Discontinuance of right or estate Pag. 148
Discontinuance of process Pag. 149
Dismes and Quinzismes
- Account 6
Dispensations Pag. 150
Diffeisin
- Assizes 2, 3.
- Entry
- Entry lawful
Distresses Pag. 150
- Debt 1
- Debt to the King 1
- Freehold 1
- Mesne
- Sewers 19
- Tenure
Divine Service
- Appeals to Rome 2
- Arrests 2, 3.
- Crown
Divorces
- Appeals to Rome 1
Dogges
- Forrests
- Hunters
Dorneck [...]s
- No [...]wich
Dover Pag. 152
Dower Pag. 152
- Aide of the King 3
- Dayes in Bank 3, 4.11.18
Discontinuance
- Entry
- [Page]Essoyn 1.23.15.
- Justices in Eyre.
- View.
- Women.
Drapery Pag. 153
- Customs 16
Driving of Forrests and Commons.
- Forrests.
Drunkenness.
- Alehouses 12. &c. 23.
Dures, Pag. 182
- Felony 19.
Durham, Pag. 182
- Certificate of the &c.
Sutton Esq
- Vagaboads 10.25.

ECclesiastical furisdirtion, Pag. 183
- Ability 14.
- Bishops 9. &c.
- Crown. 4, [...] t.
- Election 12
- Jurisdiction.
- Tithes.
Ecclesiastical persons.
- Religions persons.
Edon in Cumberland.
- Bridges 14.
Egges.
- Feasants 2
- Wild-fowl.
Egyptians, Pag. 183
Election, Pag. 184
Elegit.
- Execution 1.
Ely.
- Horses 25.
Embracery.
- Execution of Statutes.
- Informers 8.
- Maintenance 8.
Encumbent.
- Parson.
Endictments.
- Indictments.
English-men, Pag. 185
England & Scotland, Pag. 185
Englishire, Pag. 187
Engrossers.
- Forestallers.
Enquests.
- Jurors.
Enrollments.
- Inrollments.
Entry and Writs of Entry, Pag. 187
- Dayes in Bank 20.
Entry lawful Pag. 187
Entry with force.
- Forcible entry.
Error. Pag. 187
- Damages 8
- Execution 7.
- London.
Escape, Pag. 190
Eschange, Pag. 190
- Customs 2.
- Money.
Eschequer. Pag. 191
- Admeasurement of Pasture.
- Common Pleas 2.
- Commissions 2.
- Sheriffs 55 &c.
- Wards 68.
Escheat.
- Contra formam collationis.
[Page]Escheators, Pag. 191
- Account 5.
- Assises 2.
- Commissions 1.
- Debt to the King 15.
- Eschequer.
- Livery.
- Sheriffs 15.
- Vacation of Bishopricks.
Escuage, Pag. 201
Essoyn, Pag. 202
- Dayes in Bank.
Estovers.
- Assises 5.
Estrepement Pag. 203
- Wasie.
Estreats Pag. 203
- Corn 6.
- Eschequer 17.
- Highwayes 8, 9, 10, 17.
- Justices in Eyre.
- Justices of Peace 14.
- Labourers 36.
- Musters 1.
- Sewers 40.
- Sheriffs 1, 2, 52.
Evidence, Pag. 205
Erception, Pag. 205
Excester.
- Merchants 88.
Exchange.
- Eschange.
Ercise, Pag. 205
Exchequer.
- Eschequer.
Excommunication Pag. 208
- Attaint 41.
- Crown 135.
Excommunicato capiendo, Pag. 209
Execution, Pag. 210
- Corpus cum causa.
- Debt 2, 3.
Execution of Statutes, Pag. 214
Executors, Pag. 214
- Administrators
- Courts 22.
- Crown 134, 141.
- Debt for the King 2, 21.
- Rents.
Exemplifications.
- Grants.
Exigent and Utlawry, Pag. 216
- Addition 1.
Exportation.
- Drapery 10, 52, 76, 77, 79, 80, 101, 197, &c.
- Ships.
Extortion Pag. 219
- Actions popular 7.
- Ordinaries.

FAir pleader.
- Beaupleader.
Fairs and Markets Pag. 219
- Calves 1.
- Mortmain 10
False Judgment Pag. 221
Falsifying of Recoveries.
- Recoveries.
Fasting dayes.
- Holy-dayes.
Faulcons.
- Hawks.
[Page]Fealty
- Homage
Fees Pag. 222
- Atturney 12, 13
Feoffments Pag. 222
Felony and Felons Pag. 223
- Amendments 7
- Armour 7
- Captains 4.8.16
- Clergy
- Conjuration
England and Scotland
- Escape
- Forfciture
- Forger of false Deeds
- Hawks
- Indictments
- Mainprize
- Plague 7
- Purveyors 10.15.23.32.34.37
- Rape
- Robberies
- Ships 45
- Staple 11.18
- Triall
- Vagabonds 5.16.17
- Wales
Felts
- Hats
Fennes Pag. 225
- Approvements 3 &c.
Fermes and Fermers
- Sheep 8
- Wast 5
Feasants & Partridges Pag. 205
Feather-beds
- Upholsters
Fieri facias
- Execution
Fighting and quarrelling, Pag. 228
Fines Pag. 228
- Chester 10. &c.
- Chirographer
- Error 3, &c.
- Felony 23
- Wales 152, &c.
Fines to the King Pag. 232
Finors
- Gold
First-fruits & tenths Pag. 232
- Courts
Fish, fishers & fishing Pag. 237
- Clap-bord
- Havens 1, &c.
- Ships 17, &c. 44, &c.
Five Ports
- Ships 33.40, 41
- Triall 8
- Weights 62
Flar and Demp Pag. 242
Flocks
- Drapery 35.51.139.215, &c. 242.295.
Fools, Lunatiques & Madmen Pag. 242
- Wards 58, 72
- Wills 22
Forcible Entry Pag. 243
- Assizes 20
- Process 13
Forests, Chases, Parks and Warrens Pag. 244
- Cross-bowes 7
- Felony 5
- Horses 7. 17.
Forfeiture Pag. 248
Forger of false Déeds Pag. 250
Forma pauperis
- Dàmages 11
- Poor people 1
[Page]Formedon
- Limitation 16
- Uses 2
Forestallers, Regradors & Ingrossers Pag. 251
Fortresses
- Castles
Fowlers
- Feasants 10
Frayes
- Assault
Frank-marriage
- Dower 4, 7
Franchises and Liberties, Pag. 253
- Arrests 1
- Attourney 1, 9
- Conusance
- Coroners 7
- Custos Rotulorum 3, 5
- Debt to the King 15
- Escheators 29
- Estreats 8
- Fairs 5
- Mortmain 10
- Sheriffs 26
Fraud and Collusion
- Collusion
- Feoffment 1
- Felony 23
- Forfeiture
- Suit
Fraudulent Conveyances Pag. 258
Freehold Pag. 260
- Attaint 1
Freight
- Ships
Frie of Fish
- Fish
Fuest Pag. 260
Fullers.
- Drapery
Fugitives beyond Sea
- Forfeiture
Fustians Pag. 262

GAmes Pag. 262
- Actions popular 9
- Playes 12, &c.
Gaol and Gaolers
- Executors 12
- Prison
- Protection 5
- Sheriffs 16
Gaol-delivery.
- Justices of G. D.
Garnishment
- Deceipt 3
Gavel-kind
- Forfeiture 4
- Wales 148
Gauging Pag. 262
- Weights 50.60.65.66
General Issue
- Evidence 1
Gigmils Pag. 264
Girdles
- Cordwainers
Glamorgan
- Sewers 34
Glass-men
- Vagabonds 15.22
Glocester
- Forfeiture
Gold, Silver, and Goldsmiths Pag. 264
Grafton
- Honours
Grants Pag. 268
[Page]Greenwax.
- Estreats 8.
- Sheriffs 4.
Green-hue.
- Forrests 16.22.
Guilds and Fraternities.
- Monasteries.
Guns, Gunners.
- Cross-Bows,
Gun-powder Pag. 268
Gun-powder Treason
- Service and Sacraments.

HAbeas Corpus.
- Corpus cum causa.
Hadenham in the Isle of Ely.
- Appropriations 2, 4.
Hampton Court.
- Honours.
Hand-guns and Haque-buts.
- Playes.
Handy-crafts.
- Artificers.
Hats and Caps, Pag. 268
- Norwich 4, &c.
Havens and Kivers, Pag. 270
- Approvements 11.
- Customs 13
- Newcastle.
- Weares.
Hawks and Hawkins Pag. 272
- Feasants.
- Fish 42.
- Forests 13.
Heirs.
- Admeasurement of Dower.
- Age.
- Courts 22.
- Debt to the King 21, &c:
- Dower 6
- Mortdancester
- Prochein Amy.
Hemp.
- Flax.
Herrings.
- Clapboard 5. Fish.
Herens.
- Hawks.
Heramshire Pag. 272
Hides
- Cordwainers.
Hearth-money. vid. King, Numb. 9.
Highwaies Pag. 272
- Banks 6
- Robberies 7, 8.
Holborn.
- Paving
Holy-dayes and Fasting-dayes Pag. 280
- Cordwainers 44
- Ships 27, &c. 5.
Homage and Fealty Pag. 281
Honours Pag. 281
Honey
- Forests 13
- Wax 7, &c.
Hops Pag. 282
Horners Pag. 282
Horses, Mares, and Cattell Pag. 283
- Fairs 12, &c.
Hospitalls and Hospitallers Pag. 285
- Election.
- First-fruits 45
- Templers
Hounslow-heath Pag. 288
House-breaking.
- [Page]Clergy 40.
Houses of Religion.
- Monasteries.
Houses of Correction.
- Hospitals
- Poor people
- Vagabonds 1, 5, 13, 26, &c.
Hoyes.
- Ships 14, 22, 53.
Hull Pag. 289
- Ships 18
Hundreds Pag. 289
- Sheriffs
Hunters & Hunting Pag. 289
- Feasants 11, 12
- Fish 42
- Forest.
Husbandry & Tillage Pag. 291
Hue and Cry
- Robbery
Jane Dudley
- Deeds and Writings.

IDentitate nominis Pag. 291
Ideots
- Escheators 40
- Fools
Ieofail Pag. 291
- Repleader
Jesuits and Seminary Priests
- Crown 53, &c. 82
Isse of Wight Pag. 292
Images
- Books
Importation
- Drapery 1. 50
Imprisonment
- Prison
Incontinency of Priests, Pag. 293
Incumbent, Pag. 293
- Parson.
Indicavit Pag. 293
Indictments Pag. 293
- Certificate of the, &c.
- Clergy 8
- Demurrers 2
- Process
Infants
- Crowns 90, &c. 137.139
- Fines 17 &c.
Infections Pag. 294
Informers Pag. 295
- Actions popular
Inholders
- Alehouses
- Victuallers
Inmates
- Cottages
Inns of Court and Chancery
- Crown 27
Inrollments Pag. 296
- Error 9, 10.
- Grants
- Felony 23
Installments
- Mortmain 10
Intrusion Pag. 296
Inventory
- Administrators
- Executors
Invasion
- Armour 2
Joynt-Tenants and Tenants in Common.
- Assises 13
- Essoin 5
- Partition
- [Page]Suit 5
Ipswich Pag. 297
Ireland Pag. 297
- Staple 4.26
Iron Pag. 299
- Woods 17, &c.
Journey-man
- Corporation I
Iudgment Pag. 299
- Demurrers
- Error
- Felony 23
Iudicial proceedings Pag. 299
Iurisdiction Pag. 300
Iuris utrum Pag. 300
- Assises 14
- Discontinuance of process 3
- Essoin 4
Iurors Pag. 300
- Attaint 15, &c.
- Attorney
- Challenge
- Cross-bows 12
- Decies tantum
- England and Scotland 4.13.
- Escheators 2.8.23.
- Essoyn 2
- Execution of Statutes
- Fish 38, &c.
- Forcible Entry 5
- Forrests 35
- Indictments
- Informers 4
- Lancaster
- Pannel
- Sheriffs 27.71, &c.
- Triall
- Staple 19
- Wales 5.
Iustice and right and Iustices Pag. 306
- Accusation 1, &c.
- Armour
- Distresses 4
- Merchants
- Staple 14
Iustices in Eyre Pag. 307
- Atturney 3
- Treason 1
Iustices of Assise Pag. 308
- Aliens 14
- Armour 4
- Commission 1
- Cordwainers
- Corn 9
- Coroner 9
- Corporation 1
- Cottages
- Counterfeit Letters
- Crown
- Discontinuance of Process
- Felony
- Feasants
- Fines 15
- Forger of false Deeds
- High-wayes
- Jurors
- Justice 5
- Justices of Goal-delivery
- Labourers
- Linnen cloth
- Liveries
- Mouy 30
- Musters
- Nisi prius
- Non-suit
- Offices 11
- Parliament
- Perjury
- Playes
- [Page]Prison
- Prophesies
- Records
- Return of Sheriffs 10
- Riots
- Robberie
- Service and Sacraments
- Treason 1
- Usury
- Wines, Women, 8
Iustices of both Benches, Pag. 309
- Attorney 3, &c.
- Books 4
- Chancery
- Commission 1, 2
- Crown 19, 63
- Error
- Escheators 1
- Execution of Statutes
- Executors 9, 10, 11
- Justice
- Nisi prius
- Offices 11
- Parliament
- Prison
- Robbery
- Sewers 7
- Sheriffs 7
- Treason [...]
- Usury
- Wines
Iustices of Coal-delivery, Pag. 310
- Actions popular
- Cordwainers
- Crown 44, &c.
- Discontinuance of Process 6, 7
- Felony
- Justice 5
- Justices of Assise 5, 6, 10
- Murder
- Panel
- Parliament
- Perjury
- Playes
- Prison
- Records
- Robbery
- Ships 47
- Treason 1
- Wales
Justices of Oyer and Terminer
- Oyer and Terminer
- Crown 46
- Discontinuance of process
- Exigent 3
- Forger of false Deeds
- High-wayes
- Justices of Peace 4.22
- Labourers
- Linnen cloth
- Prophesies
- Records
- Robberies
- Service and Sacraments
- Treason 1
- Usury
Iustices of Peace, Pag. 310
- Actions popular
- Ale-houses
- Armour
- Arrow-heads
- Banks 3
- Bastardy 3, &c.
- Brass, &c.
- Butter
- Calves 3, &c.
- Captains
- Chester 2, &c.
- Clergy 16
- Clerk of the Market
- Commission 2.
- Cordwainers
- [Page]Corn
- Coroner 9
- Cottages
- Counterfeit Letters
- Coopers
- Cross-bows
- Crown
- Discontinuance of process 1
- Drapery 18, 48, 49, 68, 114, 116, 142, 209, 229, 234, &c. 247, 291, 297.
- England and Scotland.
- Escheators 18
- Fairs and Markets 15, 19
- Felony
- Feasants
- Fines 16
- Fish 23, &c.
- Forcible Entry
- Forestallers
- Franchises 26
- Fuel
- Gold
- Havens 3
- High-wayes
- Holy dayes
- Horses
- Hunters
- Indictments
- Informers
- Ireland 15
- Justices of G. D.
- Labourers
- Linnen clolh
- Mainprise
- Malt
- Money 30, 41
- Musters
- Nisi prius 6.
- Panel
- Parliament
- Severn
- Paving
- Perjury
- Physicians 27
- Plague
- Playes
- Poor people
- Prison
- Processes
- Prophesies
- Riots
- Robberies
- Service and Sacraments
- Sewers 12.37.
- Sheep
- Sheriffs 49, &c.
- Ships 4
- Swearing and cursing
- Ties
- Tindale
- Tithes
- Trespass
- Vagabonds
- Victual, Victuallers
- Uniuersities
- Usury
- Wales
- Watches
- Wax
- Weares
- Weights.
- Wild-fowl
- Wines.
- Woolls 25
Justices of the Forests
- Forests.

KEepers of the Great Seal of England Pag. 313
Kerseys
- Drapery
[Page]King Pag. 313
- Advowson 10, 11, 12.
- Challenge
- Courts.
- Crown
- Damages 12
- Debt to the King.
- Discontinuance of process 2
- Essoin 13
- False Judgment
- Fools
- Forfeiture
- Franchises
- Justice
- Patents
- Treason
Kings-Bench
- Attaint 47
- Exigent 3
- Treason 10, 13
Kings Letters
- Excommunication 2
Knights Pag. 320

LAbourers, Servants, and Apprentices Pag. 321
- Actions popular 9
- Cordwainers 26
- Crown 119
- Drapery 47, 48, 49, 201
- Hats and Caps 1
- Iron
- Merchants 86
Lancaster Pag. 327
- Certificate of the, &c. 5.
- Crown 8
- Courts 27.29.32.
- Exigent 15
- Fines 31
- First-fruits 44
- Hospitals 16, &c.
- Justices of Assise 16
- Wales 149.152
Latten.
- Brass
Lead
- Merchants 18, 21.
- Staple
Leagues and Truce.
- Breakers of Leagues and Truce
Leap-year
- Dayes in Bank 1.
Leases Pag. 328
Leather Pag. 332
- Action popular 10
- Cordwainers.
- Merchants 18, 21
- Staple 4, 22, &c.
- Taxes 4
- Wooll
Lée-River Pag. 332
- Chelsey
Leet Pag. 332
- Cottages 2, 3.
- County
- Cross-bows
- Crown 27
- Drapery 48, 49
Letters of Mart
- Merchants 24
Letters Patents
- Patents.
Lewes
- County 5
Libell Pag. 333
Liberty
- Accusations
- Amerciaments 1
Liberties
- Franchises
[Page]Limitation Pag. 333
Lincoln
- Attaint 11, 12
Linne Pag. 336
- Approvements 11
- Worsteds
Linnen cloth Pag. 336
Livery and Ouster le main Pag. 336
Liveries of Companies & Retainers Pag. 337
Loan
- Taxes
Lockeram
- Linnen cloth
London Pag. 337
- Attaint 18, &c. 53, 54
- Butchers
- Butter 4
- Captains 38
- Challenge 3
- Cordwainers 39, &c.
- Damages 5
- Debt 6. &c.
- Franchises 23, 36
- Fustians
- Jurors 18, &c.
- Monopolies 6
- Paving
- Reccit
- Sewers 42
- 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

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
- [Page]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

[Page]

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.

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
- [Page]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

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
[Page]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
[Page]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

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.

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
- [Page]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

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, 96
- First-fruits 45
Scire facias
- Debt to the King 24
- [Page]Execution 2.4.
Scotland and Scots
- Berwick
- England and Scotland
Sea Pag. 496
Seals Pag. 496
- Treason 1.
Second deliverance
- Avowry
Sectaries, Schismaticks, &c.
- Crown 70 &c.
Se defendendo
- Pardon
Serjeant at Arms Pag. 496
Servants
- Executors 9
- Felony 7, 8
- Labourers.
Service and Sacraments, Pag. 496
Sessions
- Religion
- Crown 27
- Justices of Peace
Severn Pag. 501
- Passage
Sewers Pag. 501
- Approvements 8, &c.
Sheep Pag. 510
- Calves 3
- Ships 45
Sheriffs Pag. 511
- Account
- Admeasurement of Pasture
- Appeals 7, 8
- Assises 2.11.21.22
- Atta [...]t 14, &c.
- Coroner 2
- Crown 120
- Debt 5
- Debt to the King 3, 4, 15
- Discontinuance of process 5
- Distresses
- Drapery 116
- England and Scotland 6
- Eschequer
- Estreats 8
- Excommunicato capiende
- Execution of Statutes
- Executors 9
- Exigent
- Extortion
- Forcible entry
- Forests 29
- Forfeiture 5
- Hawks
- Indictments
- Jurors
- Justices in Eyre
- Justices of Assise 4
- Labourers 14.46
- Mainprize
- Monasteries 5
- Mortmain
- Murder
- Panel
- Pardon
- Parliament
- Perjury
- Physicians 27
- Prison
- Processes
- Purveyors
- Receivers 13, 19
- Recognisance
- Redisseisin
- Replevin of Cattel
- Return of Sheriffs
- Riots
- Robberies
- Staple 42
- Suits
- [Page]Trespass 1
- Triall 7
- Women 8, 9
- Wreck
Ships and Shipping Pag. 524
- Admiralty 3
- Brass 22
- Breakers of Leagues 5, 6, 9
- Customs 4
- Newcastle
- Victuall 18, &c.
Shoe-makers
- Cordwainers
Shop-Book
- Debt 11, 12
Silk Pag. 533
- Customs 24
Sylva Caedua
- Prohibition 10
Slanders
- Damages 25
Soap
- Coopers 7, 8
Souldiers
- Captains (&c.
- Vagabonds 16
Southampton Pag. 533
Southwark
- Butter 4
Spice Pag. 534
Spiritual Laws Pag. 534
Spiritual persons.
- Appeals to Rome 2, 3
- Arrests 2, 3.
- First-Fruits 6
- Leases
- Residence
- Spiritual Laws
Spiritualty Pag. 535
Stabbing
- Clergy
Stanes Pag. 536
Stannery-Court
- Courts 33
Staple Pag. 536
- Customs 9
- Merchants 15, &c.
- Woolls
Star-Chamber
- Courts 32
- Women 10, &c.
Statute-Merchant
- Fraudulent Conveyances 9, &c.
- Recognisance
- Staple 20, 21
Statute-Staple
- Courts 2, 3
- First-fruits 4
- Fraudulent Conveyances 9, &c.
- Felony 23
- Staple 20, 21
Stéel Pag. 542
Stiliard Pag. 543
- Aliens 30
Stewards of Leets
- Feasants
- Fish 37, &c.
- Franchises
- High-wayes
- Horses
- Hunters
- Malt
- Musters
- Playes
- Sheriffs 10
- Victuall
- Weights
Steward of the Kings Houshold
- Butler of the King
- Staple 11.13
Strand
- [Page]Paving
Sturgeon
- Aliens 32
Subornation
- Perjury
- Witness
Subpoena
- Accusation 11
Suburbs of London
- Paving
Suffragans
- Bishops 4, &c.
Suit of Court Pag. 543
- Corporation 2
- Corpus cum causa 2, &c.
Suit of Court
- Distresses
- Justices in Eyre
- Tenure
Supersedeas
- Corpus cum causa
Supplicavit
- Corpus cum causa 3, &c.
Supremacy
- The Oath thereof, Crown 6
Surety
- Corpus cum causa 4, 5
Surgeons
- Physicians
Surveyors Pag. 543
- Courts
Swans Pag. 544
- Feafants 2
Swearing and Cursing, Pag. 544
Tales de circumstantibus
- Jurors 27, &c.
- Nisi prius 14

TAil Pag. 545
- Bankrupts 37
- Crown 3
- Dower 4, 7
- Fines 27, &c.
- Leases 1, &c.
Tailles
- Sheriffs 2.59, &c.
Tanners
- Cordwainers
Taverns
- Ale-houses
Taxes, &c. Pag. 546
- Captains 21, &c.
Tellers of News
- Newes
Tellers
- Receivers
Templers Pag. 547
- Crosses
Tenants in common
- Assises 13
- Essoin
- Partition
Tenant by the courtesie
- Crown 136
- Dower 4, 7
- Partition
Tenant for life
- Dower 4, 1
Tenths
- Receivers 19
- Taxes
Tenure Pag. 547
Term
- Dayes in Bank
Testaments
- Appeals to Rome 1
- [Page]Probate
- Wills
Testimoniall
- Labourers
Tewksbury
- Passage 1
Thames
- Passage 18
Tiles Pag. 549
Tillage Pag. 549
Tindale Pag. 550
Tinkers
- Brass
- Vagabonds 2
Tinne
- Brass
- Customs 9
Tithes Pag. 551
- Appeals to Rome
- Indicavit
Tobacco Pag. 555
Tolle Pag. 555
- Fairs
- Weights 17
- Forests 14
Towns Pag. 556
- Corporation
- Weights 41, &c.
Trade Pag. 557
Traverse to Office
- Escheators 3.5. &c.
Treason Pag. 560
- Crown
- Nisi prius 13
- Triall 9, 11
Treasurer.
- Aide of the King 4
- Aliens 14
- Attorney 8
- Bankrupts 1
- Books 4
- Corporation 1
- Drapery 21.42, 43, 54, 62
- Error
- Escheators 1
- Execution of Statutes
- Fish
- Merchants
- Officers
- Sewers 8
- Sheriffs 7
- Staple 27
- Treason 1
- Vacation of Bishopricks
- Wards 36
- Wines
- Wools 6
Trespasse Pag. 565
- Assises 8
- Attaint 37
Triall Pag. 567
- Accusation 1, &c.
- Faise Judgments
- Jurors
Turn
- County
Tunnage and Poundage, Pag. 570

VAcation of Bishopricks Pag. 570
- Forfeiture 2
Vagabonds Pag. 571
- Captain 33
Verdict
- Issue
- Jurors
- Triall
[Page]Vestry-men Pag. 576
Vicars
- Appropriation
- Parson
Victuall and Victuallers, Pag. 576
- Alehouses
- Customs 6.11
View Pag. 580
Villenage, Villains Pag. 580
- Amerciaments 1
Vintners
- Alehouses 27
Vnion and severing of Churches Pag. 581
Vniversities Pag. 582
- First-fruits 42
- Ireland 15
- Wines 22
Unlawful Games
- Actions popular 9
- Playes
Voucher Pag. 583
Voyages
- Admiralty 3
Vpholsters Pag. 585
Upton upon Severn
- Bridges 16
Vses Pag. 585
- Wards 40
Usurpation of Churches
- Advowson
Vsury Pag. 588
Utlawry
- Addition 1, 2
- Amendments 3
- Attaint 41
- Certificate of the &c.
- Exigent
- Process

WAger of Law Pag. 589
Wages
- Labourers
Wales Pag. 590
- Amendments 3, 5
- Certificate of the, &c. 5
- Chester 2. &c.
- Clergy 21
- Cordwainers 69
- Exigent 11, &c.
- Service and Sacraments 31
- Ships 24, 42
- Staple 2
Walsingham Pag. 612
Wapping March Pag. 612
Warden of the Fleet
- Debt
- Sheriffs 45
Warden of the Five Portt
- Crown 127
- Ships 33, 41
Wardens of Handycrafts
- Aliens 8, &c.
Wards Pag. 613
- Courts 29.
- Crown 141
- Exchequer
- Escheators
- Wast
Wardrobe
- Debt to the King 14
Wares Pag. 619
- Fish 23, &c.
- Havens 7
Warrens
- [Page]Felony 5
- Mortmain 10
Warranty Pag. 619
- Aide of the King
Warranty of Charters
- Dayes in Bank 20
Warre Pag. 620
- Armour 2
- Debt to the King 14
- Forfeiture 9
- Musters
Wast Pag. 621
- Estrepment
Wastes
- Approvements
Watches Pag. 623
Watering of Hemp and Flax
- Flax
Water-men
- Passages 6, &c.
Wax Pag. 623
Weares Pag. 624
Weights and Measures, Pag. 628
- Clerk of the Market
- Coopers
- Customs 2
- Wools 2, 4
Westmerland
- Corn 8
Westminster
- Butter 4
White Ashes Pag. 638
White Gate Pag. 639
White-Hall
- Palace
Widows
- Women
Wild-fowl Pag. 639
Wills Pag. 639
- Appeals to Rome
- Probat
Wilton upon Wie
- Bridges 13
Wines Pag. 644
- Gauging
- President of the Council
- Ships
Witness Pag. 648
- Armour 9
- Bankrupts 21
- Merchants 75
- Triall 1
- Wives
- Women
Wood Pag. 649
- Cordwainers 36, 37
Wools Pag. 654
- Actions popular 10
- Customs 1, 2, 3, 9
- Drapery 69, 82, 109
- Exigent 5
- Merchants 18.21.62
- Ships
- Staple
- Taxes 4
Woolfels
- Actions popular 10
- Customs 1, 2, 3
- Merchants 18
- Staple
- Taxes 4
Women, widows, Wives, and Maids Pag. 658
- Age 6
- Appeals 1
- Crown 77.80.88.95.107.125.126.134.136.144.150.152
- [Page]Cui in vita
- Discontinuance
- Dower
- Entry
- Essoin 7.13
- Felony 6
- Fines 2.17, &c.
- Leases 1, &c.
- Triall 3
- Vagabonds
- Uses 12, 13
- Wards 16, 38, 71
- Wills 1.5.7.13.22
Worsteds Pag. 678
- Apprentices
- Norwich
Wreck Pag. 680
- Admiralty
Writs and abatement of Writs Pag. 680
- Addition
- Aide of the King 4
- Dayes in Bank
- View

YArmouth
- Approvements 11
- Fish
- Ships 40, 50
- Worsteds
Yarn Pag. 681
York Pag. 681
- Corn 8

[Page]

An Exact TABLE of the Year and Chapter of every STATUTE in force and use upon the 4^th day of January, Anno Dom. 1641. which year and Chapter being known and found in this Table, the respective Title answering thereunto, will direct you to the Statute it self, as you shall find it express'd in the premised Abridgment, and where you shall therein find any Chapters omitted, they are either repealed, or expired, or otherwise obsolete and out of use.

MAgna Charta, 9 H. 3.
- 1 Franchises
- 2 Relief
- 3 Wards
- 4 Wast
- 5 Wast
- 6 Wards
- 7 Women, &c.
- 8 Debt to the King
- 9 Franchises
- 10 Tenure
- 11 Common Pleas
- 12 Assises
- 13 Darrein Presentment
- 14 Amerciament
- 15 Banks
- 16 Banks
- 17 Pleas of the Crown
- 18 Debt to the King
- 19 Castles, &c.
- 20 Castles, &c.
- 21 Purveyors
- 22 Forfeitures
- 23 Wears
- 24 Right
- 25 Weights, &c.
- 26 Fines to the King
- 27 Wards
- 28 Wager of Law
- 29 Accusation
- 30 Merchants
- 31 Tenure
- 32 Tenure
- 33 Vacations of Bishopricks
- 34 Appeals
- 35 County and Turn
- 36 Mortmain
- 37 Escuage, Franchises

[Page]

Charta de Foresta, H. 3.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16. Forests

Merton, 20 H. 3.
- 1 Dower
- 2 Wills
- 3 Re-disseisin
- 4 Approvements
- 6 Wards
- 7 Wards
- 8 Limitation
- 9 Bastardy
- 10 Attorney
- 11 Forest.

De Anno Bissextili, 21 H. 3. Dayes in Bank.
Assisa panis & cervisiae, 51 H. 3. Weights.
Dies communes in banco, 51 H. 3. Days in Bank.
Dies communes in dote, 51 H. 3. Days in bank.
Statutum de Scaccario, 51 H. 3. Distresses, Exchequer.
Iudicium collistrigii, 51 H. 3. Weights.
De ponderibus & mensuris, 51 H. 3. Weights.
De tallagio non concedend. 51 H. 3. Franchises, Purveyors, Taxes.

Marlebridge, 52 H. 3.
- 1 Distresses
- 2 Distresses
- 3 Distresses
- 4 Distresses
- 5 Confirmation
- 6 Wards
- 7 Wards
- 8 Re-disseisin
- 9 Suit
- 10 County and Turn
- 11 Beau-pleader
- 12 Dayes in Bank
- 13 Essoin
- 14 Jurors
- 15 Distresses
- 16 Mortdancester
- 17 Wards
- 18 Amerciaments
- 19 Essoin
- 20 False Judgment
- 21 Replevin
- 22 Freehold
- 23 Account, Wast
- 24 Justices in Eyre
- 25 Murder
- 26 Voucher
- 27 Mainprize
- 28 Monasteries
- 29 Entry and Writs of entry.

Statutes of E. 1. Westminster 1. 3 E. 1.
- 1 Monasteries
- 2 Clergy
- 3 Escape
- 4 Wreck
- [Page]5 Election
- 6 Amerciaments
- 7 Castles, &c.
- 8 Beau-pleader
- 9 Robberies
- 10 Coroner
- 11 Odio & Atia
- 12 Felony
- 13 Rape
- 14 Appeals
- 15 Mainprize
- 16 Distresses
- 17 Distresses
- 18 Justices in Eyre
- 19 Debt to the King
- 20 Forests
- 21 Wards
- 22 Wards
- 23 Debt
- 24 Assises
- 25 Champerty
- 26 Extortion
- 27 Extortion
- 28 Maintenance
- 29 Deceit, Extortion
- 30 Tolls
- 31 Purveyors
- 32 County and Turn
- 33 News
- 34 Arrests
- 35 Reasonable aide
- 36 Assises
- 37 Attaint
- 38 Limitation
- 39 Voucher
- 40 Battail
- 41 Essoin
- 42 Essoin
- 43 Essoin
- 44 Estreats
- 45 Justices of the Benches
- 46 Age
- 47 Prochein Amy
- 48 Assises, Dower, Pr [...]. Reg. 1.

Extents of Mannors, 4 E. 1. Surveyors.
The Office of Coroners, 4 E. 1. Coroner.

The Statute of Bigamy.
- 1 Aide of the King
- 2 Aide of the King
- 3 Aide of the King
- 4 Purprestures
- 5 Clergy
- 6 Warranty.

Glocester, 6 E. 1.
- 1 Damages and Costs
- 2 Age
- 3 Warranty
- 4 Cessavit
- 5 Wast
- 6 Mortdancester
- 7 Entry and Writs of entry
- 8 Trespass
- 9 Appeals, Pardon
- 10 Essoin
- 11 Receit
- 12 Voucher
- 13 Estrepment
- 14 Damages and Costs
- 15 Wines

[Page]

Exposition upon the Statute of Glocester, 6 E. 1. Age, Damages and Costs.
Against bearing Arms, 7 E. 1. Armour.
A Statute of Religious men, 7 E. 1. Mortmain.
The Statute of Rutland, 10 E. 1. Exchequer.
The Statute of Acton Burnel, 11 E. 1. Recognisance.
The Statute of Wales, 12 E. 1. Wales.

Westminster, 2 E. 3.
- 1 Tail
- 2 Replevin
- 3 Cui in vita
- 4 Dower
- 5 Advowson
- 6 Voucher
- 7 Admeasurement of Dower.
- 8 Admeasurement of Pasture.
- 9 Mesne
- 10 Attorney, Justices in Eyre
- 11 Account
- 12 Appeals, Essoin
- 13 Indictments
- 14 Wast
- 15 Prochein Amy
- 16 Wards
- 17 Essoyn
- 18 Execution
- 19 Ordinaries
- 20 Cosinage, &c.
- 21 Cessavit
- 22 Wast
- 23 Executors
- 24 Nusance, Quodpermittat, Writs &c.
- 25 Assizes
- 26 Redisseisin
- 27 Essoyn
- 28 Essoyn
- 29 Oyer and Terminer
- 30 Exception
- 31 Mortmain
- 32 County and Turn
- 33 Crosses
- 34 Rape
- 35 Wards
- 36 Distresses
- 37 Distresses
- 38 Jurors
- 39 Return of Sheriffs
- 40 Age
- 41 Contra formam collat.
- 42 Fees
- 43 Citation
- 44 Fees
- 45 Execution
- 46 Approvements
- 47 Fish, Fishers, &c.
- 48 View
- 49 Champarty, Writs

The Statute-Merchant, 13 E. 1. Recognizance.
The Statute of Winchester, 13 E. 1. Fairs, Robberies.
[Page]Circumspecte agatis, 13 E. 1. Prohibition.
The Statute of Exon. 14 E. 1. Coroner.
The Ordinance for Ireland, 17 E. 1. Ireland.
Quia emptores terrarum, or Westminster 3. 18 E. 1. Tenure.
Quo Warranto, 18 E. 1. Franchises.
The Statute for levying Fines, 19 E. 1. Fines.
The Statute of Vouchers, 20 E. 1. Vouchers.
The Statute of great and small money, 20 E. 1. Money.
The Statute of defending Rights, 20 E. 1. Champerty. Receit.
The Statute of Inquests of Lands, 20 E. 1. Jurors.
The Statute of persons put in Assises, 21 E. 1. Jurors.
The Statute of Trespassers in Parks, 21 E. 1. Forests.
Districtiones Scaccarii, 21 E. 1. Distresses.
The Statute of Conspirators, 21 E. 1. Champerty.
The Statute of Consultation, 24 E. 1. Prohibition.
Confirmation of Charters, 25 E. 1. Confirmation.
The Statute of purchasing Liberty, 27 E. 1. Mortmain.
The Statute of Fines levyed, 27 E. 1. Fines. Justices of G. D. Nisi Prius. Sheriff.

Articuli super Cartas, 28 E. 1.
- 1 Confirmation.
- 2 Purveyors
- 3 Marshalsey
- 4 Common Pleas
- 5 Chancery
- 6 Seals
- [Page]7 Dover
- 8 Sheriff
- 9 Distresses, Jurors
- 10 Conspiracy
- 11 Champerty
- 12 Debt to the King
- 13 Sheriff
- 14 Hundreds
- 15 Process
- 16 Return of Sheriffs
- 17 Robberies
- 18 Wast
- 20 Gold, Silver, &c.

The Statute of Appeals, 28 E. 1. Appeals.
The Statute of Escheators, 29 E. 1. Liveries, &c.
A new Statute of Quo warranto, 30 E. 1. Franchises.
The Statute of Lakers and Brewers, 31 E. 1. Butchers, Weights.
The Statute of Protection, 33 E. 1. Protection.
A Statute for definition of Conspirators, 33 E. 1. Conspiracy, Champerty.
Orders for Inquests, 33 E. 1. Challenge.
An Ordinance of the Forest, 33 E. 1. Forests.
Another of the same, 34 E. 1. Forests.
A Statute for measuring Land, 34 E. 1. Weights.
A Statute of Ioynt-Tenants, 34 E. 1. Assises.
A Statute for amortisement of Lands, 34 E. 1. Mortmain.
A Statute for certain Liberties, 34 E. 1. Franchises.
A Statute of Religious persons, 35 E. 1. Church-yards.
Statutes of E. 2.
A Statute for Knights, 1 E. 2. Knights.
A Statute for breaking Prisons, 1 E. 2. Felony.

Articuli Cleri, 9 E. 2.
- 1 Prohibition
- 2 Prohibition
- 3 Prohibition
- 4 Prohibition
- [Page]5 Prohibition
- 6 Jurisdiction
- 8 Residence
- 9 Monasteries
- 10 Appeal
- 11 Monasteries
- 12 Excommunication
- 13 Ability
- 14 Election
- 15 Clergy
- 16 Clergy

A Statute of Cavelet in London, 10 E. 2. London.

The Statute of York, 12 E. 2.
- 1 Assises
- 2 Witness
- 3 Nisi prius
- 4 Nisi prius
- 5 Return of Sheriffs
- 6 Victuall, &c.

The Statute of Essoins, 12 E. 2. Essoyn.
View of Land and Essoin of the Kings service, 12 E. 2. Essoyn, View.
Westminster 4. of Attaints and gréen-war, 13 E. 2. Attaint, Sheriff.
A Statute for Estreats of the Exchequer, 15 E. 2. Estreats.

Prerogativa Regis, 17 E. 2.
- 1 Wards
- 2 Wards
- 3 Primer Seisin
- 4 Women, &c.
- 5 Partition.
- 6 Wards
- 7 Alienation without licence
- 8 Advowson
- 9 Fools, Lunaticks, &c.
- 10 Fools, Lunaticks, &c.
- 11 Wrcek
- 13 Intrusion
- 14 Forfeiture
- 15 Patents
- 16 Forfeiture

The Statute of Homgae, 17 E. 2. Homage.
A Statute for Templers, 17 E. 2, Templers.
View of Frankpledge, 18 E. 2. Leet.
A Statute for the Oaths of the King, Bishops, &c. Oath.
Ne rectores prosternant, &c. Church-yards.
Articles upon Money, Money.
[Page]A Statute for Iustices of Assise, Justices of Assise.
A Statute for Eels and Perches, Weights.
A Statute for Chattels of Felons, Forfeiture.

Statutes of 1 E. 3. Stat. 1.
- 4 False Judgment
- 5 Return of Sheriffs.
- 6 Attaint
- 7 Prison, &c.
- 8 Forests.

1 E. 3. Stat. 2.
- 1 Forests
- 2 Bishops, Forests
- 5 Armour
- 6 Taxes
- 7 War
- 8 Beau-pleader
- 9 Franchises
- 10 Monasteries
- 11 Prohibition
- 12 Tenure
- 13 Tenure
- 14 Maintenance
- 16 Justices of Peace
- 17 Indictments

2 E. 3.
- 1 Confirmation
- 2 Justices of Gaol-Delivery, Oyer & Terminer, Pardon
- 3 Armour
- 4 Sheriff
- 5 Return of Sheriffs
- 6 Peace
- 7 War
- 8 Justice and right, &c.
- 9 Staple
- 11 Adjornment
- 12 Sheriff
- 15 Fairs and Markets
- 16 Nisi prius
- 17 Deceit

4 E. 2.
- 1 Confirmation
- 2 Justices of G.D.
- 3 Purveyors
- 7 Executors
- 9 Sheriff
- 10 Sheriffs
- 11 Nisi prius
- 12 Wines
- 13 Pardon
- 15 Parliament
- 15 Sheriffs

5 E. 3.
- 1 Confirmation
- 2 Error, Marshalsey, Purveyors
- 4 Sheriffs
- 5 Fairs and Markets
- 6 Attaint
- 7 Attaint
- 8 Prison, &c.
- 9 Accusation
- 10 Jurors
- 11 Process
- 12 Exigent and Utlawry
- 13 Exigent and Utlawry
- 14 Robberies

[Page]

9 E. 3. Stat. 1.
- 1 Marc [...]ant.
- 2 Non-plevin
- 3 Executors
- 4 Triall
- 5 Records

9 E. 3. Stat. 2.
- 1 Money
- 2 Money
- 3 Money
- 4 Money
- 5 Money
- 6 Money
- 7 Exchange
- 8 Prison
- 9 Money
- 10 Money
- 11 Money
- 12 Excommunication

10 E. 3. Stat. 1.
- 1 Confirmation
- 2 Pardon
- 3 Pardon

10 E. 3. Stat. 2. Of Purveyors.
- 2 Marshalsey
- 3 Error

11 E. 3
- 3 Drapery
- 5 Drapery

14 E. 3. Stat. 1.
- 1 Confirmation, Franchises
- 4 Englishire
- 5 Judgment
- 6 Amendments
- 7 Sheriff
- 8 Escheators, Coroners
- 9 Sheriff
- 10 Prison, &c.
- 11 Recognizance, &c.
- 12 Weights
- 13 Wards
- 14 Aide of the King
- 15 Pardon
- 16 Nisi prius
- 17 Pa [...]s [...]n, &c.
- 18 Voucher
- 19 Purveyors
- 21 Customs, &c.

14 E 3. Stat 2.
- 2 Merchants

14 E. 3. Stat. 3.
- 1 Purveyors
- 3 Bishops
- 4 Vacations of Bishopricks
- 5 Vacations of Bishopricks

14 E. 3. Stat. 4.
- 1 That England shall not be subject to France. Crown.

18 E. 3. Stat. 1.
- 1 Exigent and utlawry.

18 E. 3. Stat. 2.
- 2 Justices of Peace
- 3 Sea
- 5 Exigent and utlawry
- [Page]6 Money
- 7 War

18 E. 3. Stat. 3.
- 3 Clergy, Mortmain
- 4 Purveyors
- 5 Prohibition
- 6 Ordinaries
- 7 Titles
- 8 Justice and right, &c.

18 E. 3. Stat. 4.
- 1 Justice, &c.
- 2 Clerks of the Chancery

20 E. 3.
- 1 Justice and right, &c.
- 2 Justice and right, &c.
- 3 Justice and right, &c.
- 4 Maintenance
- 5 Maintenance
- 6 Justices of Assise

23 E. 3.
- 6 Victuall, &c.

25 E. 3. Stat. 2.
- 1 Ability.

25 E. 3. Stat. 3.
- 1 Franchises
- 2 Franchises
- 3 Advowson
- 4 Clergy
- 5 Clergy
- 6 Bishops
- 7 Advowson
- 8 Jurisdiction
- 9 Ordinaries

25 E. 3. Stat. 4.
- 1 Drapery
- 2 Merchants
- 4 Wears

25 E. 3. Stat. 5.
- 2 Treason
- 3 Jurors
- 4 Accusation
- 5 Executors
- 6 Purveyors
- 7 Forests
- 8 VVar
- 9 VVeights
- 10 VVeights
- 11 Reasonable aide
- 12 Exchange
- 13 Money
- 14 Indictments
- 15 Purveyors
- 16 Non-Tenure
- 17 Process
- 18 Villenage
- 19 Protection
- 20 Money
- 21 Butler of the King
- 22 Proviso

25 E. 3. Stat. 6.
- 1 Proviso

27 E. 3. Stat. 1.
- 1 Proviso
- 2 Pardon
- 4 Drapery
- [Page]5 Wines
- 8 Gauging

27 E. 3. Stat. 2.
- 1 Staple
- 2 Merchants
- 3 Merchants, Wooll
- 4 Staple
- 5 Staple
- 6 Staple
- 7 Staple
- 8 Staple
- 9 Staple
- 10 Weights
- 11 Merchants
- 13 Merchants
- 14 Gold, Silver, &c.
- 15 Staple
- 16 Staple
- 17 Merchants
- 18 Staple
- 19 Staple
- 20 Staple
- 21 Staple
- 22 Staple
- 23 Staple
- 24 Staple
- 25 Staple
- 26 Merchants
- 27 Staple
- 28 Monasteries

28 E. 3.
- 1 Confirmation
- 2 Wales
- 3 Accusation
- 4 Livery, &c.
- 5 Iron
- 6 Coroner
- 7 Sheriff
- 8 Attaint
- 9 Sheriff
- 10 London
- 11 Robberies
- 12 Purveyors
- 13 Staple

31 E. 3. Stat. 1.
- 1 Confirmation
- 2 Wooll
- 3 Forfeiture
- 4 Probate of Test.
- 5 Gauging
- 8 Wooll
- 9 Wooll
- 10 Victuall, &c.
- 11 Administrators
- 12 Error
- 14 Escape
- 15 County and Turn

31 E. 1. Stat. 2.
- 1 Fish, Fishers, &c.
- 2 Fish, Fishers, &c.
- 3 Fish, Fishers, &c.

31 E. 3. Stat. 3.
- 1 Fish, Fishers, &c.
- 2 Fish, Fishers, &c.

34 E. 3.
- 1 Justices of Peace
- 2 Purveyors
- 3 Purveyors
- 4 Jurors
- 7 Attaint
- [Page]8 Jurors
- 12 Forfeiture
- 13 Escheators
- 14 Escheators
- 15 Tenure
- 16 Fines
- 17 Ireland
- 18 Ireland
- 19 Wooll
- 22 Hawks

35 E. 3.
- 1 Fish, Fishers, &c.

36 E. 3.
- 1 Confirmation
- 2 Purveyors
- 3 Purveyors
- 4 Purveyors
- 5 Purveyors
- 6 Purveyors
- 9 Chancery
- 10 Parliament
- 11 Wooll
- 12 Justices of Peace
- 13 Escheators
- 15 Declaration, Pleading

37 E. 3.
- 1 Confirmation
- 2 Identitate nominis
- 4 Exchequer
- 7 Gold, Silver, &c.
- 16 Wines
- 17 Villenage
- 18 Accusation
- 19 Hawks

38 E. 3. Stat. 1.
- 1 Confirmation
- 2 Merchants, Money
- 3 Fines
- 4 Obligations
- 5 Wager of Law
- 6 Wooll
- 7 Staple
- 8 Ships
- 9 Accusation
- 10 Wines
- 11 Wines
- 12 Decies tantum

42 E. 3.
- 1 Confirmation
- 3 Accusation
- 4 Commission, &c.
- 5 Escheators
- 9 Estreats, Sheriffs
- 10 Ability
- 11 Panell

43 E. 3.
- 1 Wooll
- 2 Wines
- 3 Butler of the King

45 E. 3.
- 1 Confirmation
- 2 Wears
- 3 Prohibition
- 4 Wooll

50 E. 3.
- 1 Confirmation
- 2 Confirmation
- 3 Arrests
- 4 Prohibition
- 5 Arrests
- [Page]6 Fraudulent Conveyances
- 7 Drapery
- 8 Drapery

Stat. of 1 R. 2.
- 1 Confirmation
- 2 Peace
- 3 Purveyors
- 4 Maintenance
- 5 Exchequer
- 7 Liveries of Companies
- 8 Protection
- 9 Feoffments
- 11 Sheriff
- 12 Debt
- 13 Dures se
- 14 Tithes
- 15 Arrests

2 R. 2. Stat. 2.
- 1 Merchants
- 5 News

2 R. 2. Stat. 1.
- 1 Confirmation
- 3 Debt

3 R. 2.
- 1 Confirmation
- 2 Drapery
- 3 Proviso

4 R. 2.
- 1 Gauging

5 R. 2.
- 1 Confirmation
- 2 Money
- 3 Ships
- 7 Forcible Entry
- 9 Exchequer
- 10 Captains, &c.
- 11 Exchequer
- 12 Exchequer
- 13 Exchequer
- 14 Exchequer
- 15 Exchequer.
- 16 Exchequer

5 R. 2. Stat. 2.
- 1 Merchants
- 4 Parliament

6 R. 2. Stat. 1.
- 1 Confirmation, Franchises
- 2 Writs
- 3 Nusance
- 4 Inrolments
- 5 Justices of Assise
- 6 Rape
- 7 Wines
- 8 Ships
- 9 Victuall, &c.
- 10 Victuall, &c.

7 R. 2.
- 1 Franchises
- 2 Confirmation
- 3 Forests
- 4 Forests
- 6 Robberies
- 7 Nisi prius
- 8 Purveyors
- 9 Drapery
- 10 Assises
- 12 Proviso
- 13 Armour
- [Page]14 Attorney
- 15 Maintenance

8 R. 2.
- 2 Confirmation
- 3 Justices of Assise
- 4 Recognizance

9 R. 2.
- 1 Confirmation
- 2 Villenage
- 3 Attaint
- 5 Marshalsey

11 R. 2.
- 7 Merchants
- 8 Patents
- 9 Taxes
- 10 Seals
- 11 Justices of Assise

12 R. 2.
- 1 Confirmation
- 2 Officers
- 10 Justices of Peace
- 11 News
- 12 Parliament
- 13 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

[Page]

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
- [Page]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

[Page]

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
- [Page]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

[Page]

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

[Page]

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
- [Page]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 H. 8.
- 3 Assises
- 4 Executors
- 5 Probat of Test.
- 6 Mortuaries
- 7 Felony
- 11 Restitution
- 12 Cables
- 13 Residence
- 15 Recoveries
- 16 Aliens
- 18 Newcastle
- 19 Avowry
- 20 Execution of Statutes

22 H. 8.
- 3 Plumstead Marsh
- 4 Corporation
- 5 Bridges
- 8 Aliens
- 1 Egyptians
- 1 Felony
- 1 Aliens

23 H. 8.
- 1 Clergy
- 2 Prison, &c.
- 3 Attaint
- 4 Coopers
- 5 Sewers
- 6 Recognizance
- 8 Havens and Rivers
- 9 Citation
- 10 Mortmain
- 11 Clergy
- [Page]12 Passage
- 13 Jurors
- 14 Process
- 15 Damages and Costs
- 17 Wooll
- 18 Havens and Rivers

24 H. 8.
- 5 Forfeiture
- 8 Damages and Costs
- 11 Paving
- 12 Appeals to Rome

25 H. 8.
- 2 Victuall, &c.
- 3 Clergy
- 5 Worsteds
- 6 Felony
- 9 Brass
- 10 Sewers
- 11 Wild-fowl
- 13 Sheep
- 15 Books
- 16 Residence
- 18 Drapery
- 19 Rome
- 20 Rome
- 21 Rome

26 H. 8.
- 3 First-Fruits, &c.
- 4 VVales
- 5 Passage
- 6 VVales
- 7 High-wayes
- 8 First-fruits
- 9 Linne
- 12 Clergy
- 13 Treason
- 14 Bishops
- 15 Richmond
- 17 First-fruits

27 H. 8.
- 1 Towns
- 4 Triall
- 5 Chester, &c.
- 6 Horses, &c.
- 7 Wales
- 8 First-fruits
- 10 Uses
- 11 Clerks of the Signet
- 12 Drapery
- 13 Drapery
- 14 Cordwainers, &c.
- 16 Informers
- 17 Eccles. Jurisd.
- 18 Havens and Rivers
- 20 Tithes
- 23 Havens and Rivers
- 24 Franchises
- 26 Wales
- 27 Monasteries

28 H. 8.
- 1 Clergy
- 4 Linnen cloath
- 5 Corporation
- 11 Tithes
- 12 Palace
- 13 Residence
- 14 Weights, Wines
- 15 Triall
- 16 Dispensations

31 H. 8.
- 1 Partition
- 2 Fish, Fishers, &c.
- [Page]Customs and Usages
- 4 Havens and Rivers
- 5 Honors
- 6 Ability
- 10 Lords
- 13 Monasteries

32 H. 8.
- 1 Wills
- 2 Limitation
- 5 Execution
- 7 Tithes
- 9 Maintenance
- 13 Horses &c.
- 14 Ships
- 16 Aliens
- 17 Paving
- 18 Towns
- 19 Towns
- 20 Franchises
- 21 Dayes in Bank
- 22 First-fruits
- 24 Saint Johns
- 28 Leases
- 30 Repleader
- 32 Partition
- 33 Entry lawful
- 34 Conditions
- 35 Forests
- 36 Fines
- 37 Rents
- 38 Matrimony
- 40 Physicians
- 42 Physicians
- 43 Chester, &c.
- 46 Wards
- 47 First fruits

33 H. 8.
- 1 Counterfeit Letters
- 3 Drapery
- 4 Brass
- 6 Cross-Bowes, &c.
- 7 Brasse
- 9 Playes
- 12 Triall
- 13 Chester, &c. Wales
- 16 Norwich
- 17 Flax and Hemp
- 19 Drapery
- 20 Treason
- 21 Parliament
- 22 Escheators, Wards
- 23 Challenge, Triall
- 24 Justices of Assise
- 27 Corporation
- 28 Residence
- 29 Ability
- 32 Whitegate
- 33 Hull
- 36 Towns
- 37 Honors
- 38 Honors
- 39 Courts

34, 35 H. 8.
- 2 Receivers
- 4 Bankrupts
- 5 Wills
- 8 Physicians
- 9 Havens and Rivers, Severn
- 10 York
- 12 Paving
- 13 Chester, &c.
- 14 Certificate of the, &c.
- 16 Sheriff
- 17 First-fruits
- 19 Pensions
- 20 Recoveries
- 21 Patents
- 22 Informers
- 24 Cambridg &c.
- 26 VVales

[Page]

35 H. 8.
- 1 Crown
- 2 Treason
- 4 Towns
- 6 Jurors
- 9 Wapping Marsh
- 10 London
- 11 Parliament
- 13 Walsingham
- 14 Tenure
- 15 Cambridg, &c.
- 16 Wood

37 H. 8.
- 1 Custos Rotulorum
- 2 Hounslow-Heath
- 3 High-wayes
- 4 Monasteries
- 5 Attaint
- 6 Burning of Carts, &c.
- 8 Clergy, Indictments
- 9 Usury
- 12 Tithes
- 14 Scarborough
- 15 Wooll
- 16 Lancaster
- 19 Fines
- 20 Tenure
- 21 Union, &c. of Churches
- 23 Wines

Statutes of 1 E. 6.
- 1 Service and Sacraments
- 2 Bishops
- 4 Tenure
- 5 Horses, &c.
- 6 Norwich, Wooll
- 7 Discontinuance of process
- 8 Patents
- 9 Union, &c. of Churches
- 10 Exigent and Utlawry
- 12 Challenge, Clergy, Dower, Felony, Treason.
- 14 Monasteries

2, 3 H. 6.
- 1 Service and Sacraments
- 2 Captains
- 4 Sheriff
- 6 Fish, Fishers, &c.
- 8 Escheators
- 10 Malt
- 13 Tithes
- 14 Cross-Bows, &c.
- 15 Labourers, Victuall
- 19 Holydayes
- 20 First-fruits
- 21 Matrimony
- 22 Customs, &c.
- 24 Triall
- 25 County and Turn
- 26 White-ashes
- 27 Steel
- 28 Fines
- 30 Rye and Winchelsie
- 31 Chester, &c.
- 33 Clergy
- 34 Sheriff
- 37 Brass

3, 4 E. 6.
- 1 Custos Rotulorum
- 2 Drapery
- 3 Approvemonts
- 4 Grants
- 8 Sewers
- 10 Books
- 12 Bishops
- [Page]19 Calves
- 21 Butter

5, 6 E. 6.
- 1 Service and Sacraments
- 3 Holydayes
- 4 Fighting and quarrelling
- 6 Drapery
- 8 Drapery
- 9 Clergy
- 10 Clergy
- 11 Treason
- 12 Matrimony
- 13 Ability
- 14 Forestallers, &c.
- 15 Cordwainers, &c.
- 16 Officers
- 19 Exchange
- 22 Gigmils
- 23 Upholsters
- 24 Norwich
- 25 Alehouses

7 E. 6.
- 1 Receivers
- 3 Patents
- 4 First-Fruits
- 5 Wines
- 7 Fuell
- 15 Durham

Statutes of 1 M. Parl. 1. Ses. 1.
- 1 Felony, Treason

1 M. Parl. 1. Ses. 2.
- 3 Service and Sacraments
- 4 Deeds and Writings
- 3 Limitation
- 7 Fines
- 8 Sheriff
- 9 Physicians
- 10 Courts
- 14 Union, &c. of Churches

1 M. Parl. 2.
- 1 Queen
- 5 High-wayes
- 7 Drapery
- 8 Cordwainers, &c.
- 11 Sewers

1, 2 P. M.
- 4 Egyptians
- 5 Victuall, &c.
- 7 Towns
- 8 Bishops
- 10 Treason
- 11 Treason
- 12 Distresse
- 13 Mainprise
- 14 Norwich
- 15 Wales

2, 3 P. M.
- 3 Calves
- 6 Purveyors
- 7 Fairs and Market
- 8 High-wayes
- 9 Playes
- 10 Mainprise
- 11 Drapery
- 12 Drapery
- 13 Wooll
- 15 Universities
- 16 Passage
- [Page]18 Justice of Peace.
- 20 Lancaster

4, 5 P. M.
- 1 Patents
- 3 Musters
- 4 Clergy
- 5 Drapery
- 7 Jurors
- 8 Women, &c.

Statutes of 1 Eliz.
- 1 Crown
- 2 Service and Sacraments
- 3 Crown
- 4 First-fruits
- 11 Merchants
- 12 Linnen cloath
- 13 Ships
- 15 Wood
- 17 Fish, Fishers, &c.
- Not printed, Leases

5 Eliz.
- 1 Crown
- 4 Labourers
- 5 Ships
- 7 Wears
- 9 Perjury, witness
- 10 Felony
- 11 Treason
- 12 Corn, &c.
- 13 High-wayes, &c.
- 14 Forger of false Deeds
- 15 Prophesies
- 17 Felony
- 18 Keeper of the Great Seal
- 20 Egyptians
- 21 Fish, Fishers, &c.
- 22 Cordwainers, &c.
- 23 Excommunicato Capiendo
- 24 Prison, &c.
- 25 Jurors
- 26 Informers
- 27 Durham
- 28 Service and Sacraments

8 Eliz.
- 1 Process
- 3 Ships
- 4 Clergy
- 5 Admiralty
- 6 Drapery
- 7 Drapery
- 8 Horses
- 9 Coopers
- 10 Bows
- 11 Hats and Caps
- 12 Drapery
- 16 Sheriff

13 Eliz.
- 2 Crown
- 4 Debt to the King
- 5 Fraudulent Conveyances
- 6 Grants
- 7 Bankrupts
- 8 Usury
- 9 Sewers
- 10 Dilapidations, Leases
- 11 Ships
- 12 Spiritual Laws
- 13 Corn, &c.
- 14 Bows
- 15 Ships
- 17 Hospitals
- 18 Lee River
- 20 Leases
- 21 Ipswich, Universities
- [Page]22 Sheriff
- 23 Paving
- 25 Forestalle [...]s, Prison, Wood

14 Eliz.
- 3 Money
- 7 Debt to the King
- 8 Recoveries
- 9 Jurors
- 10 Prison
- 11 Dilapidations, Leases
- 13 Felony, Hexamshire
- Not printed, Hospitals

18 Eliz.
- 1 Treason
- 2 Patents
- 3 Bastardy
- 5 Informers
- 6 Leases
- 7 Clergy
- 8 VVales
- 9 Cordwainers, &c.
- 10 High-wayes
- 11 Leases
- 12 Nisi prius
- 13 Wards
- 14 Jeofail
- 15 Gold, Silver, &c.
- 17 Bridges
- 19 Paving
- 20 Bridges
- 21 Towns
- 25 Hospitals

23 Eliz.
- 1 Crown
- 3 Error
- 5 Wood
- 8 Wax
- 9 Drapery
- 10 Feasants and Partridges
- 11 Bridges
- 12 Paving
- 13 Plumstead Marsh

27 Eliz.
- 2 Crown
- 3 Debt to the King
- 4 Fraudulent Conveyances
- 5 Demurrers
- 6 Jurors
- 7 Sheriff
- 8 Error
- 9 Wales
- 12 Sheriff
- 13 Robberîes
- 17 Drapery
- 18 Drapery
- 19 Wood
- 20 Havens and Rivers
- 21 Havens and Rivers
- 22 Havens and Rivers
- 24 Banks
- 25 Bridges
- 27 Plumsted-Marsh
- Not printed, Hospitals

29 Eliz.
- 1 Treason
- 4 Sheriff
- 5 Informers
- 6 Crown

31 Eliz.
- 1 Error
- 2 Fines
- 3 Exigent and Utlawry
- [Page]4 Armour
- 5 Actions popular
- 6 Election
- 7 Cottages and Inmates
- 8 Gauging
- 9 Durham
- 10 Informers
- 11 Forcible entry
- 12 Fairs and Markets

35 Eliz.
- 1 Crown
- 2 Crown
- 3 Patents
- 7 Ships
- 8 Cables
- 9 Drapery
- 10 Drapery
- 11 Claphord

39 Eliz.
- 1 Vagabonds
- 5 Hospitals, &c.
- 6 Hospitals, &c.
- 8 Bishops
- 9 Clergy
- 10 Ships
- 11 Drapery
- 13 Fustians
- 14 Drapery
- 15 Clergy
- 16 Malt
- 17 Vagabonds
- 19 High-wayes,
- 20 Drapery
- 22 Norwich
- 23 Bridges
- 24 Bridges
- 25 Robberies

43 Eliz.
- 1 Patents
- 2 Poor people
- 3 Captains, &c.
- 4 Hospitals
- 5 Corpus cum causa
- 6 Damages and Costs, Sheriff
- 7 Trespass
- 8 Executors
- 9 Leases, Ships
- 10 Drapery
- 11 Approvements
- 12 Merchants
- 14 Fuel
- 15 Chester, &c.
- 16 Bridges

Statutes of 1 Jac.
- 1 Crown
- 2 England and Scotland
- 3 Bishops
- 4 Crown
- 5 Leet
- 6 Labourers
- 7 Vagabonds
- 8 Clergy
- 9 Ale-houses
- 10 Justice and Right, &c.
- 11 Matrimony
- 12 Conjuration, &c.
- 13 Execution
- 15 Bankrupts
- 16 Passage
- 17 Hats and Caps
- 18 Hops
- 19 Spice
- 20 Painters
- 21 Brokers
- 22 Cordwainers, &c.
- 23 Ships
- [Page]25 Drapery, poor people
- 26 Exchequer
- 27 Feasants and Partridges
- 28 Berwick
- 31 Plague

3 Jac.
- 1 Service and Sacraments
- 4 Crown
- 5 Crown
- 6 Merchants
- 7 Attorney
- 8 Execution
- 9 Merchants
- 10 Prison
- 11 Malt
- 12 Fish, Fishers, &c.
- 13 Hunters and hunting
- 14 Sewers
- 15 Dobt
- 16 Drapery
- 17 Drapery
- 18 Havens and Rivers
- 21 Players
- 22 Paving
- 23 Bridges
- 24 Bridges

4 Jac.
- 1 England and Scotland
- 2 Drapery
- 3 Damages and Costs
- 4 Ale-houses
- 5 Ale-houses
- 6 Cordwainers, &c.
- 8 Marshes and Fens
- 9 Merchants
- 10 Southampton
- 11 Husbandry
- 12 Havens and Rivers
- 13 Marshes and Fens

7 Jac.
- 1 England and Scotland
- 2 Crown
- 3 Poor people
- 4 Bastardy, Vagabonds
- 5 Evidence
- 6 Crown
- 7 Drapery
- 8 Calves
- 9 Chelsey
- 10 Ale-houses
- 11 Feasants and Partridges
- 12 Debt
- 13 Hunters and hunting
- 14 Horners
- 15 Debt to the King
- 16 Drapery
- 18 Husbandry
- 20 Marshes and Fens
- 21 Copyholds

21 Jac.
- 2 Limitation
- 3 Monopolies
- 4 Actions popular
- 5 Sheriff
- 6 Clergy
- 7 Ale-houses
- 8 Corpus cum causa, &c.
- 12 Evidence
- 13 Jeafail
- 14 Intrusion
- 15 Forcible Entry
- 16 Damages and Costs, Limitation, Trespass
- 17 Usury
- 18 Drapery
- 19 Bankrupts
- 20 Swearing and Cursing
- 21 Victuall, &c.
- 22 Butter
- [Page]23 Corpus cum causa
- 24 Execution
- 25 Patents
- 26 Felony
- 27 Bastardy
- 28 Horses, &c.
- 29 Patents
- 32 Passage
- 35 Pardon

Statutes of 1 Car.
- 1 Holy-dayes
- 2 Patents
- 3 Alienation without licence
- 4 Ale-houses

3 Car.
- 1 Holydayes
- 2 Crown
- 3 Al [...]-houses
- 4 Bastardy, Corn, Poor people

16, 17 Car.
- 1 Parliament
- 2 War
- 3 War
- 4 War
- 5 War
- 6 Dayes in Bank
- 7 Parliament
- 9 War
- 10 Courts
- 11 Crown
- 13 War
- 14 Taxes
- 15 Courts
- 16 Forests
- 17 England and Scotland
- 18 England and Scotland
- 19 Clerk of the Market
- 20 Knights
- 21 Gun-powder
- 24 Captives
- 27 Ability
- 30 Ireland
- 33 Ireland
- 34 Ireland
- 35 Ireland
- 37 Ireland

[Page]

A TABLE, shewing the beginning of every Kings Raign from the Conquest, together with the Year of Christ, answering to every year of each Kings Raign, the years beginning at the 25^th of March.

William the Conquerour began his Raign the 15. of Octob. 1066. and therefore had Raigned one year compleat, Oct. 15. 1067.

AN. Reg.	An. Dom.
1	1067
2	1068
3	1069
4	1070
5	1071
6	1072
7	1073
8	1074
9	1075
10	1076
11	1077
12	1078
13	1079
14	1080
15	1081
16	1082
17	1083
18	1084
19	1085
20	1086

10 Moneths, 21 Dayes. His Raign ended the 9th of Sept. 1087.

William Rufus began his Raign September 9th. 1087.

An. Reg.	An. Dom.
1	1088
2	1089
3	1090
4	1091
5	1092
6	1093
7	1094
8	1095
9	1096
10	1097
11	1098
12	1099

11 Moneths, 18 Days.

Hen. 1. Aug. 1. 1100.

An. Reg.	An. Dom.
1	1101
2	1102
3	1103
4	1104
5	1105
6	1106
7	1107
8	1108
9	1109
10	1110
11	1111
12	1112
13	1113
14	1114
15	1115
16	1116
17	1117
18	1118
19	1119
20	1120
21	1121
22	1122
23	1123
24	1124
25	1125
26	1126
27	1127
28	1128
29	1129
30	1130
31	1131
32	1132
33	1133
34	1134
35	1135

4 Moneths, 12 Days

Steph. Decemb. 2. 1135.

An. Reg.	An. Dom.
1	1136
2	1137
3	1138
4	1139
5	1140
6	1141
7	1142
8	1143
9	1144
10	1145
11	1146
12	1147
13	1148
14	1149
15	1150
16	1151
17	1152
18	1153

11 Moneths, 20 Days.

[Page]

Hen. 2. Oct. 25. 1154.

An. Reg.	An. Dom.
1	1155
2	1156
3	1157
4	1158
5	1159
6	1160
7	1161
8	1162
9	1163
10	1164
11	1165
12	1166
13	1167
14	1168
15	1169
16	1170
17	1171
18	1172
19	1173
20	1174
21	1175
22	1176
23	1177
24	1178
25	1179
26	1180
27	1181
28	1182
29	1183
30	1184
31	1185
32	1186
33	1187
34	1188

9 Moneths, 5 Days.

R. 1. July 9. 1189.

An. Reg.	An. Dom.
1	1190
2	1191
3	1192
4	1193
5	1194
6	1195
7	1196
8	1197
9	1198

9 Moneths, 19 Days

John, April 6. 1199.

An. Reg.	An. Dom.
1	1200
2	1201
3	1202
4	1203
5	1204
6	1205
7	1206
8	1207
9	1208
10	1209
11	1210
12	1211
13	1212
14	1213
15	1214
16	1215
17	1216

7 Moneths, 0 Days.

Hen. 3. Oct. 19. 1216.

An. Reg.	An. Dom.
1	1217
2	1218
3	1219
4	1220
5	1221
6	1222
7	1223
8	1224
9	1225
10	1226
11	1227
12	1228
13	1229
14	1230
15	1231
16	1232
17	1233
18	1234
19	1235
20	1236
21	1237
22	1238
23	1239
24	1240
25	1241
26	1242
27	1243
28	1244
29	1245
30	1246
31	1247
32	1248
33	1249
34	1250
35	1251
36	1252
37	1253
38	1254
39	1255
40	1256
41	1257
42	1258
43	1259
44	1260
45	1261
46	1262
47	1263
48	1264
49	1265
50	1266
51	1267
52	1268
53	1269
54	1270
55	1271
56	1272

1 Moneth, 0 Dayes.

[Page]

Edw. 1. Nov. 16. 1272.

An. Reg.	An. Dom.
1	1273
2	1274
3	1275
4	1276
5	1277
6	1278
7	1279
8	1280
9	1281
10	1282
11	1283
12	1284
13	1285
14	1286
15	1287
16	1288
17	1289
18	1290
19	1291
20	1292
21	1293
22	1294
23	1295
24	1296
25	1297
26	1298
27	1299
28	1300
29	1301
30	1302
31	1303
32	1304
33	1305
34	1306

8 Moneths, 9 Days.

Edw. 2. July 7. 1307.

An. Reg.	An. Dom.
1	1308
2	1309
3	1310
4	1311
5	1312
6	1313
7	1314
8	1315
9	1316
10	1317
11	1318
12	1319
13	1320
14	1321
15	1322
16	1323
17	1324
18	1325
19	1326

7 Moneths, 9 Days.

Edw. 3. Jan. 25. 1326.

An. Reg.	An. Dom.
1	1327
2	1328
3	1329
4	1330
5	1331
6	1332
7	1333
8	1334
9	1335
10	1336
11	1337
12	1338
13	1339
14	1340
15	1341
16	1342
17	1343
18	1344
19	1345
20	1346
21	1347
22	1348
23	1349
24	1350
25	1351
26	1352
27	1353
28	1354
29	1355
30	1356
31	1357
32	1358
33	1359
34	1360
35	1361
36	1362
37	1363
38	1364
39	1365
40	1366
41	1367
42	1368
43	1369
44	1370
45	1371
46	1372
47	1373
48	1374
49	1375
50	1376

5 Moneths, 7 Dayes.

R. 2. June 21. 1377.

An. Reg.	An. Dom.
1	1378
2	1379
3	1380
4	1381
5	1382
6	1383
7	1384
8	1385
9	1386
10	1387
11	1388
12	1389
13	1390
14	1391
15	1392
16	1393
17	1394
18	1395
19	1396
20	1397
21	1398
22	1399

3 Moneths, 14 Days.

Hen. 4. Sept. 29. 1399.

An. Reg.	An. Dom.
1	1400
2	1401
3	1402
4	1403
5	1404
6	1405
7	1406
8	1407
9	1408
10	1409
11	1410
12	1411
13	1412

6 Moneths, 3 Days.

H. 5. March 20, 1412.

An. Reg.	An. Dom.
1	1413
2	1414
3	1415
4	1416
5	1417
6	1418
7	1419
8	1420
9	1421

5 Moneth, 24 Dayes.

Hen. 6. Aug. 31. 1422.

An. Reg.	An. Dom.
1	1423
2	1424
3	1425
4	1426
5	1427
6	1428
7	1429
8	1430
9	1431
10	1432
11	1433
12	1434
13	1435
14	1436
15	1437
16	1438
17	1439
18	1440
19	1441
20	1442
21	1443
22	1444
23	1445
24	1446
25	1447
26	1448
27	1449
28	1450
29	1451
30	1452
31	1453
32	1454
33	1455
34	1456
35	1457
36	1458
37	1459
38	1460

6 Moneths, 16 Days.

Edw. 4. March 4. 1460.

An. Reg.	An. Dom.
1	1461
2	1462
3	1463
4	1464
5	1465
6	1466
7	1467
8	1468
9	1469
10	1470
11	1471
12	1472
13	1473
14	1474
15	1475
16	1476
17	1477
18	1478
19	1479
20	1480
21	1481
22	1482

1 Moneth, 8 Dayes.

R. 3. June 22. 1483.

An. Reg.	An. Dom.
1	1484
2	1485

2 Moneths, 5 Days.

Hen. 7. Aug. 22. 1485.

An. Reg.	An. Dom.
1	1486
2	1487
3	1488
4	1489
5	1490
6	1491
7	1492
8	1493
9	1494
10	1495
11	1496
12	1497
13	1498
14	1499
15	1500
16	1501
17	1502
18	1503
19	1504
20	1505
21	1506
22	1507
23	1508

8 Moneths, 19 Days.

Hen. 8. April 22. 1509.

An. Reg.	An. Dom.
1	1510
2	1511
3	1512
4	1513
5	1514
6	1515
7	1516
8	1517
9	1518
10	1519
11	1520
12	1521
13	1522
14	1523
15	1524
16	1525
17	1526
18	1527
19	1528
20	1529
21	1530
22	1531
23	1532
24	1533
25	1534
26	1535
27	1536
28	1537
29	1538
30	1539
31	1540
32	1541
33	1542
34	1543
35	1544
36	1545
37	1546

10 Moneths, 1 Day.

Edw. 6. Jan. 28. 1546.

An. Reg.	An. Dom.
1	1547
2	1548
3	1549
4	1550
5	1551
6	1552

5 Moneths, 19 Days.

Mar. July 6. 1553.

An. Reg.	An. Dom.
1	1554
2	1555
3	1556
4	1557
5	1558

4 Moneths, 22 Dayes.

[Page]

Eliz. Nov. 17. 1558.

An. Reg.	An. Dom.
1	1459
2	1560
3	1561
4	1562
5	1563
6	1564
7	1565
8	1566
9	1567
10	1568
11	1569
12	1570
13	1571
14	1572
15	1573
16	1574
17	1575
18	1576
19	1577
20	1578
21	1579
22	1580
23	1581
24	1582
25	1583
26	1584
27	1585
28	1586
29	1587
30	1588
31	1589
32	1590
33	1591
34	1592
35	1593
36	1594
37	1595
38	1596
39	1597
40	1598
41	1599
42	1600
43	1601
44	1602

4 Moneths, 15 Days.

Jac. March 24. 1602.

An. Reg.	An. Dom.
1	1603
2	1604
3	1605
4	1606
5	1607
6	1608
7	1609
8	1610
9	1611
10	1612
11	1613
12	1614
13	1615
14	1616
15	1617
16	1618
17	1619
18	1620
19	1621
20	1622
21	1623
22	1624

0 Moneths, 3 Days.

Carol. 1. March 27. 1625.

An. Reg.	An. Dom.
1	1625
2	1626
3	1627
4	1628
5	1629
6	1630
7	1631
8	1632
9	1633
10	1634
11	1635
12	1636
13	1637
14	1638
15	1639
16	1640
17	1641
18	1642
19	1643
20	1644
21	1645
22	1646
23	1647
24	1648

King Charles died the 30 of Jan. 1648. having Raigned 11 Moneths above 23 Years, according to 28 daies per mensem.

[Page]

Carol. 2. Jan. 30. 1648.

AN. Reg.	An. Dom.
1	1649
2	1650
3	1651
4	1652
5	1653
6	1654
7	1655
8	1656
9	1657
10	1658
11	1659
12	1660
13	1661
14	1662
15	1663
16	1664
17	1665
18	1666

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.

Author: England and Wales.1666

The New ACTS lately made at Oxon. Anno 17o Caroli Secundi Regis, Abridged, and here added by way of APPENDIX.

A perfect TABLE, which may serve as a CONCORDANCE, for the ready discovery of any material Clause throughout the said Statutes.

A TABLE, shewing the be­ginning of every Kings Raign from the Con­quest, together with the Year of Christ, answer­ing to every year of each Kings Raign, the years beginning at the 25th of March.

William the Conquerour began his Raign the 15. of Octob. 1066. and there­fore had Raigned one year compleat, Oct. 15. 1067.

William Rufus began his Raign September 9th. 1087.

Hen. 1. Aug. 1. 1100.

Steph. Decemb. 2. 1135.

Hen. 2. Oct. 25. 1154.

R. 1. July 9. 1189.

John, April 6. 1199.

Hen. 3. Oct. 19. 1216.

Edw. 1. Nov. 16. 1272.

Edw. 2. July 7. 1307.

Edw. 3. Jan. 25. 1326.

R. 2. June 21. 1377.

Hen. 4. Sept. 29. 1399.

H. 5. March 20, 1412.

Hen. 6. Aug. 31. 1422.

Edw. 4. March 4. 1460.

R. 3. June 22. 1483.

Hen. 7. Aug. 22. 1485.

Hen. 8. April 22. 1509.

Edw. 6. Jan. 28. 1546.

Mar. July 6. 1553.

Eliz. Nov. 17. 1558.

Jac. March 24. 1602.

Carol. 1. March 27. 1625.

Carol. 2. Jan. 30. 1648.

The New ACTS lately made at Oxon. Anno 17^o Caroli Secundi Regis, Abridged, and here added by way of APPENDIX.

A TABLE, shewing the beginning of every Kings Raign from the Conquest, together with the Year of Christ, answering to every year of each Kings Raign, the years beginning at the 25^th of March.

William the Conquerour began his Raign the 15. of Octob. 1066. and therefore had Raigned one year compleat, Oct. 15. 1067.