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.

TO THE HONOURABLE Sir EDWARD TURNER Kt, SPEAKER of the COMMONS House of PARLIAMENT.

SIR,

HAving observed so many Learned and worthy Persons, upon divers occasions, both in their Studies and Imployments, espe­cially at the Assizes and Sessions of Peace, to make use of Mr. Wingate's Abridgment of the Statutes with good Approbation, I could not but think a little Pains might be well bestowed, in continuing the same Method, and adding to it the Statutes made in the time of His present Majesty, and inserting the same, especially such as are of publick [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.

AN Exact TABLE to the Abridg­ment of Statutes in force, comprehending not only the Title, but Substance thereof, and the year of the King in whose Reign it was made, and Chapter of each Statute, throughout the severall Kings Reigns, concerning the same Subject.

A.
  • ABility and non-ability of a person presented to a Be­nefice, by whom examinable, Page 1
  • Articuli Cleri, c. 13. an. 9 Ed. 2. ibid.
  • Account, Bayliffs of Lords, &c. how to be made to account, and by whom, Statute Marlbridge, c. 23. 52 H. 3. Stat. West. 2. c. 11. 13 Edw. 1. Page 2
  • Attach. None to be attached or forejudgsd contrary to Magna Charta, 5 E. 3.9. 25 E. 3.4. 24 E. 3.3. Page 4, 5
  • Accusation. None may be accused without matter of record, 42 Ed. 3.3. Page 5
  • Actions popular; Recovery thereon where no barr, 4 H. 7.20. ibid.
  • How Informers are restrained therein, 31 El. 5. Page 5, 6
  • Where to be laid, 31 El. 5. 21 Jac. 4. ibid.
  • Additions of Titles, what and where necessary, 1 H. 5. Page 6, 7
  • Administrators, by whom to be appointed, 31 Edw. 3.11. 21 H. 8.5. Page 7, 8
  • Admiralty, the Admirals, and the Court their power, 13 R. 2.5. 15 R. 2.3. 2 H. 4.11. 8 El. 5. Page 8
  • [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
B.
  • 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
C.
  • 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
D.
  • 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
E.
  • 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
F.
  • 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
G.
  • 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
H.
  • 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
I.
  • 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
K.
  • 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
L.
  • 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
M.
  • 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
N.
  • 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
O.
  • 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.
P.
  • 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
Q.
  • 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.
R.
  • 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
S.
  • 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.
T.
  • 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
V.
  • 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
W.
  • 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
Y.
  • YArn, not to be Exported, 8 H. 6.23. Page 681
  • York, Letters Patents to Citizens, there to exempt them from Office, shall be void, 29 H. 6.3. ibid.
  • Coverlets may be made in York, and must be sold there only, 34, 35 H. 8.10. ibid.

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

Ability, and Non-ability.
  • I. Stat. ARticuli Cleri, Cap. 13. Anno 9 E. 2. The examination of a person presented to a Benefice belongeth to the Ecclesiastical Judge.
  • II. Stat. 25 E. 3. Stat. 2. De natis ultra mare. The King's children are in­heritable in England, wheresoever born.
  • III. Subjects children (born beyond Sea) are also inheritable, so that their parents at the time of their birth were within the King's Allegiance, and that the mother went beyond sea with her husband's consent.
  • IV. If Bastardy be alledged against any born beyond Sea, the Certificate shall be made by the Bishop of the place where the land demanded lieth.
  • V. Stat. 42 E. 3.10. Children born beyond Sea in the King's Dominions shall be inheritable in England.
  • VI. Stat. 31 H. 8.6. Religious pesions professed in Corporations feised by the King shall be enabled to inherit, purchase, sue and to [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 30th 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 30th day of January, unless it falls upon the Lord's day, throughout his Majestie's dominions shall be kept and observed as an anniversary day of Fasting and Humiliation for the horrid Murther of King Charles the First, com­mitted by a party of desperately wretched and wicked men, to the shame and reproach of the people of England, and Protestant Re­ligion: and to implore God's mercy, that the said sacred and inno­cent bloud, nor those other sins which provoked God to deliver up the said King into the hands of wicked and unreasonable men, may not hereafter be visited upon the people of England or their Po­sterity.
Annuary Thanksgiving.
  • I. Stat. 12 Car. 2. cap. 14. A perpetual annuary Thanksgi­ving, to be celebrated on the 29th day of May, for the wonderful power and goodness of God in restauration of the King by the una­nimous and cordial affection of the Lords and Commons in Par­liament and people in general; upon which day all persons are to resort to some Church, Chappel or publick place of Thanksgiving, this Act to be then read, and notice to be given the next Lord's day before.
Apparance.
  • I. Stat. 10 H. 6.4. No Filizer, Exigenter, or other Officer whatsoever in any suit shall make entry, that the Plaintiff obtulit se in propria persona sua, unless the Plaintiff, before such entry made, doth (indeed) appear in proper person before some of the Justices of the place where the Plea depends, and (either by himself, or some other credible person of his Council) make oath, that he is the same person in whose name that suit is prosecuted. This Act to continue to the next Parliament.
  • II. Stat. 18 H. 6.9. The Stat. of 10 H. 6.4. is made per­petual.
  • III. No officer contained in the Statute of 10 H. 6.4. shall doe to the contrary thereof, in pain to forfeit 40 s. to the King for every time that he shall be attainted thereof by due examination of any of the Justices, before whom the Entry or Record is.
  • IV. Every Attorny who hath not his Warrant entred upon Re­cord, in all suits wherein process of Capias and Exigent are award­able, the same Term in which the Exigent is awarded, or before, and is thereof attainted by like examination, for every time he so offendeth shall incur the pain aforesaid.
Appeals.
  • I. Magna Charta, cap. 34. 9 H. 3. No man shall be taken or imprisoned upon the appeal of a woman, for the death of any other then her husband.
  • II. West. 1. c. 14. 3 E. 1. The accessary in an appeal shall not be outlawed before the Principal be attainted: Howbeit, none shall intermit to commence their appeal at the next County as well against the accessary as against the principal: but the Exigent [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.
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.
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 10th 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.
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.
☞ 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 4th 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.
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.
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.
☞ 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.
☞ 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.

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.
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.
☞ 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.
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.
☞ 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.
    A100ad60100001080004By some 0304
    A60ad30060801080004By some 0108
    A30ad20050001080004By some 0000
    A20ad15030401010004 l.sh.d
    A15ad10020001080004By some volunta­ry annu­ities for all mat­ters.2000
    A10ad10 m0180010800041000
    A10 mad5 li.0100000000040134
    A5 li.ad3 li.0508000800040100
    A3 li.& infra.0004000400040068
              0050
              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.
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.
☞ 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.
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.
☞ 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 4th 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.
☞ 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.
☞ 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.

☞ 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.
☞ 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.
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.
☞ 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.