Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Parish of H. in the County of N: the 8 day of May, 1656.

INprimis. Who have, or are suspected to have, or keep back any of the Lord's Evdences, Court-Rolls, Rentals, Books of Survey, Te [...]rars or Writings whats soever, concerning the said Mannor, and who have been Stewards of the said Man­nor within the time of your remembrance.

2. Item. That you inform what Limits and Bounds belong to the said Mannors; and what Lords are bounding or border­ing therupon, or whether they do chalenge intrude or encroach upon the Lands of the Lords of the said Mannors.

3. Item, That you set forth the Free-hold Lands and [...]enements, within the said Mannors from the Copy-hold, customary and demeasne Lands of the said Mannors, and either of them, or any other Mannor, and who are the Free-hold Tenants or Occupiers therof, and what are their names and what Free-hold Rent do they severally pay to the Lord of the said Mannors for the same.

4. Item, What alienations, transmutati­ons or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them, and what is due to the Lord upon any such ali­enation, transmutation or alteration.

[Page 58]5. Item, What Houses or Tenements of Freehold are now standing, or have been decayed within the said Mannors: by whom and when were they so decayed; what Laws do or heretofore did beloag to every such House o [...] Tenement: and what Lands have been sold from the said Houses or Tenements, and to whom.

6. Item, What Tenements or Cottages are lately built within the said Manors, that are holden at will, or sufferance, or by Copy of Court-Roll of the said Man­nors, or either of them, or any other Man­nors, and who be the owners or occupi­ers thereof, and what Rents and Services do they yield and pay for the same, and what Laws do belong to every such Tene­ment and Cottage, and how long since have any such Tenements or Cortag [...]s been built, and what Commonage do they challenge for the same, and by what right, and what is the name of such Common or Commons they challenge Commonage in.

7. Item, How many Copy-hold or Customary Tenants, are within or belong­ing to the said Mannors, and either of them and what be their several names, and what [Page 57] Messuages, Lands, Tenements, or Heredi­taments, hath every such Copy-holder or Customary Tenant; what are their several quantities and yearly values, where do they lie, and how they are abuttalled, and by what Rents and Services doth every such Copy-holder hold the same.

8. Item, Whether any of the Copy-holders within the said Mannors have ex­changed, bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder, and what are such Lands and Tenements so bargained, exchanged and sold, yearly worth, and where do they lie.

9. Item, Whether any Copy-hold or Customary Tenant of the said Mannors or either of them, hath let or set for any time or term of years, his Copy-hold, or Cu­stomary Lands or Tenemen [...]s, or any part thereof, without the Lords license, and whether any enjoy any Copy-hold, or Customary Lands, not having a Copy or Grant thereof immediately from the Lord of the said Mannors, and what be their names, and the yearly value thereof.

10. Item, What Lands, Tenements, Rents, Services or Hereditaments, within, [Page 60] or belonging to the said Mannors, are withholden, concealed, or substracted from the Lord of [...]he said Mannors, by whom, and when, &c.

11. Item, What Heath-Grounds, Sheep-courses or Sheep-walks are within or belonging to the said Mannors, how are they scituated, set forth, or bounded; and how many Acres, do every such Heath Sheep-course or Sheep-walk contain, by measure or estimation; and how many Sheep will the same yearly maintain and keep, and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk; and where do the same lie; and at what time or times in the year is the said Priviledge and Feede to be taken, and what is the yearly va­lue of the said Sheep-walk or Sheeps-course.

12. Item, Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds, Sheep-course or Sheeps-walks, and by what tight do they hold or claim the same, and how much Land have every such Land-holder, and whether have they not other Lands of the Lord of the said Mannors in Leiu or [Page 61] exchange thereof, and where do the said exchanged Lands severally lie: and how are they abuttalled and bounded, and what be the several Names of the Occu­piers of such Lands, and their several quan­tities.

1. Item, What Commons, commo­nable Grounds, waste and vacant Grounds are within and belonging to the same Mannors, and what be their several names: how are they scituated, meered, set forth or bounded; and how many Acres doe every such Common, commonable Grounds, waste and vacant Grounds con­tain by estimation, and who can and do justly claim or pretend to have any Com­mon of Feede in the said commonable Grounds, waste and vacant Grounds, and what be their several names.

14. Item, What Inclosures and In­croachments have been made at any time heretofore, and now being in, upon, or out of the said Commons, commonable Grounds, waste and vacant Grounds, by whom, where, and when were they made, and what quantity, and by what warrant or right they did, or do hold the same.

15. Item, What plantings or Trees is [Page 45] now, and have been hertofore set or grow­ing upon any of the Commons belonging to the said Mannors or either of them, by whom they have been so set or planted, and what be their names that challenge the same as belonging to their Houses of Tenements, and what be the names of such Houses or Tenements, and how far off are the said Plantings or Trees planted or growing from the said Houses or Tene­ments, and what number of Plantings or trees do they severally challenge to belong to their said Houses or Tenements, and by what right; and who ha h lop [...]ed, felled, sold or converted to their own use any such Plantings or Trees, and for how much do they or any of them hold the same.

16. Item, What demeasne Lands are belonging to the said Mannors, and either of them, and where do they severally lie, and how are they abuttalled, and what be their several quantities and qualities and their yearly value; and what be the names of them that have them in Farm, exchange or Occupation; and for what Rent and term, or for what cause do they severally hold the same.

17. Item, What Liberties, Freedoms [Page 59] Frankchises, and other preheminences and royalties do belong or appertain to the said Mannors, what are the same, and what profit may be yearly, or otherwise made or raised by the Lord thereby.

18. Lastly, to enquire and certifie who shal neglect or refuse to bring in and shew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the said Manor, together with all their Copies or Court Rolls of all such Lands as they severally hold by Copy of Court-Roll of the Mannors aforesaid, for the better setting forth and distinguishing of the said Lands accordingly, whereby the Survey of the said Mannors may be made the more perfect.

The manner of making the Terrar or Field-Book, may be thus: ‘A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same. the 10 day of M. 1656. wherein all the Messuages, Lands, and Tene­ments in the said Mannors, are set [Page 64] forth, butted and bounded. The Te­nure how all such Lands are holden, and who be the right Owners thereof.’

Then begin at what part of the Town you please; so go through, setting down every parcel of Land, Messuage or Tenement distinctly, abutting and bound­ing it: and at last, set down the Tenure and Title of the Owner or Inheritor, ac­cording to his evidence for the same: as thus; if you begin at the Mannor house, then begin your Survey Book.

Then proceed to the next land as you go, whether East or West: if, East, then thus.

If it be Free-hold of Inheritance, then say;

If the Lords of Mannors, and Tenants in their several Parishes and Townships would but joyn together, with a little charge, they might have Books of Sur­vey made of their several Mannors, where­in each mans Propriety might be recorded and known: and this being done, but once in an age, or by every succeeding Lord, his Tenants and himself might live in amity and tranquillity; and many chargeable and vexatious Law-Suits, to the undoing of thousands, avoided: and people might quietly follow their Voca­tions at home, and not the promotion of others, by the ruine of themselves: But [Page 66] probably the Obstructors of Peace will give me small thanks for this. Oh Moun­seur Self-ends and Avidus! when wilt thou depart from us? R. T. Pacis dulcis Amator.

Acording to promise, I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Com­monwealth; bot declaring them sitter Objects of Reformation then Pratice; they were indeed originally instituted for the more speedy administration of Justice, be­tween party and party, in their Corpora­tions; but are now, by the corruption of time, become Instruments of vexation and injury: and because they are seated in the Metropolis, I shall first begin with the Sheriffs Court of London.

There is holden at the Guild-hall for the City of London, two Court-days for one Compter, holden before one of the Sheriffs; and two Court-days for the o­ther Compter, before the other Sheriff in every week: holding Plea in all personal Actions ad infinitum. Their Practice in both Courts, differs neither in manner, nor [Page 67] form, nor substance; but the beginning of their proceeding, I mean, the levying of their Plaints is the most unjust and illegal, both in the eye of the Law, and of all ra­tional people of any Court in the World.

For indeed the blame of all Courts, is, that they do not issue out Summons, and take sufficient Pledge to prosecute upon the Return of the Summons, as the Law o­riginally intends, before the awarding of any Capias, for arresting the Body of the Defendant: but return an Originall of course (as they call it) sometimes; and sometimes not at all; putting John Doe and Richard Roe, for pledges to prosecute; whereas indeed, there ought to be a due Summons first returned, and Pledges, that i [...], sufficient Sureties, That if the Plaintiff do not prosecute, or be overthrown in his Action, the Defendant shall be satisfied his costs and damages for his unjust trouble, charge and vexation.

But the Practice of these Sheriffs Courts is so far from this, that they make out no Process nor Precept at all for to warrant their Arrest. But they have a Book in their Office at the Compter-gates, wherein they enter the Actions, that is, the Plaintiffs and [Page 68] Defendants Names, and the Debt or Da­mage; and that is all: And this is most often done after the party is arrested and in Prison: for if two of their Varlets meet a man in the street, minding to make a prey of him; for which they continually lurk, they immediatly seize on him, if they know but any person he hath any dealing with, be the Case right or wrong, they presently drag him to the Compter, or their petty Goals at next door, and then run and enter against him what Actions they please, in the Name of any Man. And at the next Court-day, the Defendant per­haps, after two or three days imprisonment, may obtain a Non-Sute; and shall have adjudged him 7 s. 2 d. for his Charges, which is not the tythe thereof: and that he may look for, if he can tell of who: or any man whatsoever, that hath any envy in his breast, which there are few that want, may come and enter an Action against any man he's minded to do a mischief unto, and keep him in Prison (at 8 d. per week charges to the Knave) as long as he liv [...]s. And their way of taking of Pledges of prosecuting, is thus: To demand of the Plantiff, or he that enters the Plaint, where [Page 69] he lives: if he say in Fleet-street, then then they enter Pledges to prosecute, Johu Fleet, Richard Street; if in Common-Garden, then Pledges, &c. John Com­mon, Richard Garden: according to the place the party names, though no such man be.

And it is a great oppression to Country-people, who are thus snapt up by irregu­lar Proceedings. This is not to expedite Justice, but to disgrace the Law, and wrong the Commonalty. By this means, I have known many utterly undone; and some have lain in Prison five weeks upon this account, and never knew, heard of, nor could never find out his Adversaries.

And then, after this he hath non-suited their Actions, entred over and over again, they take a President from a worse then this, that I must take so much leave, as plainly to speak of; that is, the Court of Upper-Bench, from whence issues a Writ, called a Latitat; or in the County of Middlesex, A Bill of Middlesex: and uppon the supposition of one of these re­turned, though never any such thing be, they reward a Latitat into all Counties, to take the Defendant, without naming the [Page 70] cause, onely Trespass, be it what it will be; upon which, if he cannot put in bayl, he shall lie in Prison three Terms; which som­times with the Vacations to boot, is above three quarters of a yeer: and then if the Plaintiff declare not, he may obtain his Li­berty by a Supersedeas, if he hath money to purchase it: but not a farthing costs, or any remedy against the party that injured him; by this wicked practice, many a poor Soul [...] miserably endes his dayes in New-gate.

And if a man be arrested by a Latitat or Bill of Middlesex, and the P [...]aintiff never declare after he hath put in Bayl, he shall not have any costs, but only a Non-suite or a Discontinuance as they call it, un­less the Defendant appear in person, and that is hardly worth his while. This I make bold hereto mention, because it is a Grievance crie [...] loud for Redress, and so doth the City-Court too: for can it seem reasonable that any man should be arrested and imprisoned he knows not why not wherefore? and most times irregularly; the Serjeants having the advantage to do it without Warrant, or any Precept or Process to be shown; oftentimes, nay, [Page 71] most commonly imprison the Defendant without any Action entred against him. This Practice was abhorred by the Hea­thens: and then is it not a shame it should be tolerated by Christians?

But after the Arrest, the Defe [...]dant ap­pearing by Attorney, the Plantiffs Attor­ney declares if cause be; and then they fairly proceed to Trial, according to the substance of the Proceeding of the Upper-Bench, though different in form: and to the Defendant, if he be a Free-man, in case of debt, is allowed four Defaults, by which time he may make his peace if he be wise.

And by the way give me leave to tell you, that I have read, and I am sure 'tis reasonable, That it is not lawful for a Citizen, or one living in a Corporation to arrest any st [...]anger that inhabits in another Country, into one of these Courts; but by P [...]ocess from above: for these Courts had their Authority granted them originally from the King for their ease, and the more easie dispatch of Justice between one ano­ther in their several Franchises: for as the Forraigner hath no benefit by their Fran­chise; so ought he not to be impleaded in their Courts. Besides, a great disadvan­tage [Page 72] lies upon the stranger being far from home, and distant from Friends, is too of­ten enforced to purchase his Liberty by an unjust Composition.

There is also a Court holden before the Major and Alderman in the Guild-hall of the said City, unto which the Sheriffs Court is subject by removal, and both of them to a Habeas Corpur out of the Up­per Bench or Common Pleas, if the Acti­on be not under five pounds; and if it be, then the Defendant may cause another Action to be entred against him, at the Sute of any person he will name, which is above 5 l. and remove both together.

There is also another Court of Equity, held between one Freeman and another in the said City, wherein they regularly pro­ceed by Summons in all Debts not exceed­ing 40 s. and pity it is that the Authority of that Court extends no higher.

Thus by the head, you may guess at the whole Body; I mean, the Proceedings of [...]ll Corporations: for setting the first Ar­rest or Process aside, when they come to declare, they do generally in the [...]r Declara­tions imitate the Bills and Declarations of the Upper Bench.

I would be larger, but I proceed to o­ther things here more aimed at: only by the way let me desire the Stewards and Judges of all such Courts, to be careful in amending what Er [...]ors they finde have through the rust of Antiquity, crept in a­mong them: endeavoring as much as they can the ease of the Subject, and equal Right to all.

What persons are by the Law to make a Will or Testament, and who not.

A Person out-lawed for Felony can­not make a Will; but if a man be out-lawed only in Personal Actions, he may make a Testament of his Lands, but not of his Goods. The same Law is of a man at­tained of a Praemunire, but not of a man excommunicated.

An Infant making a Will of his Land within age, and dieth after he cometh at full age, not revoking this Will, it is not a good Will.

A woman seized of Land and marrieth, and afterwards maketh a Will of it: this is not good.

A Lunatick being of sound memory, maketh his Will and becometh Lunatick; and afterwards comes to his understanding and dies: this is not a good Will.

A man speechless, or one born deaf and dumb, may make a Will by signes.

A man being of a sound memory, makes his Will, and afterwards becomes mad, and so dies: this is not a good Will:

A man who hath a Wife not divorced taketh another Wife who is an Inheritrix; she cannot make a Will.

What is a good Will, and what not; and what shall be a Revocation, and what not.

A Will without naming any Executor is good for Lands, but not for Goods.

A Will wanting date is good, if made after the 20 day of July 1540.

A Will without sealing or subscribing, if it be made in writing in the life time of the Testator, although it be never proved be­fore the Ordinary.

A Will Nuncupative is not good for Land.

Two men severally seized of Land, [Page 81] make a joynt Testament of their Lands: this is good.

A man is making his Will, and hath de­vised parcel of his Land; and before the finishing thereof, he dieth: the Wil is good, for so much as is devised.

If a man appoint by his Will, that his Land shall be sold to pay his debts, and sheweth not by whom; the Will is good, and shal be performed by the Executors or administrators.

If a man makes a Will of land that is not his own, and after purchase the same land and die: this is not a good Will.

Also if a man makes a Will of his land, and after alien this land, and afterwards repurchaseth it again, this not a good Will.

A Woman makes a Will of her Land; and after takes a husband, who hath issue; the husband and the Wife both die: this is not a good Will.

A man makes a Will, and afterwards makes a new Will; and after in his bed dying, saith that his first Will shall be his last Will, this is good.

A man makes his Will in writing, and after giveth divers Legacies to several per­sons; [Page 82] then after by word revoketh all but one: this is a good Revocation of all but that one.

If any man gives land by Will to one per­son in Fee, and afterwards giveth the same land to another person by another Wil but for term of life: this is a Revocation of the first Will.

What things are deviseable or may be devised.

If any man be seized of lands deviseable, and thereupon buildeth; the house or buil­ding may be devised. So likewise may a Rent-charge created de novo.

A man se [...]zed in right of his wife, and granteth parcel of his land to one, and after deviseth the residue to another: this is good.

If a Farmer of land not deviseable, erect and fix a Furnace in the midst of the house in the land, he may devise this Furnace.

A Tenant in Fee-simple or Fee-tail, may devise the Corn, although the land be not deviseable: but trees he cannot.

A man seized of a Mill, may devise the runner-stone-but not the under-stone:

If a man have an annuity to him and his [Page 83] heirs, he cannot devise this annuity: but if it be an annuity for term of years, he may.

If a husband die, having before devised Corn upon his wives land, it is good, whe­ther it were sown before the Marriage or after.

What words shall make Fee-simple lands; and what not.

Land given to a man to hold to him and his heirs, with Warranty of the land to him and his heirs, this is a good Feesimple.

Land devised to a man by Will, by these words, To do with it at his pleasure; this is a good Fee simple.

Lands given to a man, to hold to him in Fee-simple, and livery made to him and his heirs according to the form and effect of the deed; it maketh Feesimple.

Land given to one for term of life, and livery and seisin made to him and his heirs, according to the form and effect of the Deed; this is not Fee-simple.

A man seized in Fee-simple, grants to­tum statum suum, his whole estate; Ha: bend' to the grantee and his heirs, and maketh livery according to the Deed: this is Fee-simple.

A man leavyeth a Fine sur Connuzance de droit come ceo &c. The Conusee, that is, he to whom the Fine is granted, hath Fee-simple.

Two Coparceners in Fee simple make partition; and for equality of partition, a Rent is assigned out of one part to the o­ther, without any other words: the As­signe hath the Fee-simple in the Rent.

Land is given by Deed, the Habendum sibi & haeredibus suis, vel de corpore suo, to him and his heirs, or heirs of his body; this is not Fee-simple: But if the Habendum were sibi & haeredibus suis, vel suis assignatis, to him and his heirs or as­signes.

A man makes a Lease of two acres of Land for life, the remainder of one of them (without shewing which) to a single wo­man in Fee: she taketh a husband, and after the Lessee is impleaded in a Praecipe quod reddat of one of the acres, and prayeth ayde of the husband and wife, as of them in reminder: they joyn in aid gratis, and cannot bar the demandant, whereby he recovereth. The husband dies, the Les­see dies; the Wife hath the fee-simple in the other acre.

Tenant in tayl enfeoffeth his brother, Recovery is had against him by erroneous Judgment: the Tenant in tail hath issue, and dieth; the issue within age; the brother dieth without issue: the issue in tail being his heir within age, reserveth the Judgment by error, and enters; he hath fee simple.

A Lease is made to the husband and wife by Deed, pro termino vitae suae, Ha­bendum eis pro termino vitae, to have to them for term of life of the wife: she di­eth, the husband continues in possession, he hath fee-simple.

A Lease is made to a woman for term of years, upon condition, that if she have issue within the term, that she shal have fee; the Lessor and Lessee inter-marry, and have issue within the term, and the husband di­eth; the term expireth, and the wife conti­nueth in, seized of the fee simple.

Husband and wife Joynt-tenants in tail, make a Lease for life; the husband dies, the fee-simple descends to his son out-living the wife.

Who have a sole estate in fee-simple, that they may devise it, and who not.

A man seized of Land in Fee, hath issue a daughter beyond the Seas; and after, he hath another daughter within the Realm, and dies; the daughters enter together, the younger daughter hath a sole esta [...]e in fee-simple.

A man is dissolved by two, and he re­leases all his right to one of them in tail; he is so seized in Fee simple.

One Joynt-tenant releaseth to his com­panion upon co [...]dition the Releasee dieth, his heir enters, the condition is broken, and the Releasor enters, clayming the moy­ty; the heir shall not be said to be sole seized.

Two Coparceners in Fee are impleaded; the one of them disclaimeth; the other is not sole se [...]zed. The Law is otherwise be­tween Joynttenan [...]s.

A man seizd in fee, hath issue two daugh­ters bastards, and one daugh [...]er legitimate: the Bastards, enter; the daughter legitimate releaseth to one of them, she is not sole seized.

Land is given to a man, to have to him together with A. the daughter of the donor in frank marriage; after they are divorced, causa praecontractus, at the su [...]te of the husband; the donor dies, the daughter is his heir; she is sole seized.

A woman inheritrix hath issue, a daugh­ter, her husband dies; she takes a second husband, and hath issue another daughter: the husband and wife exchange the Land of the wife for other Land in Fee; and after of the wife and husband die, the daughters enter in [...]o the Land taken in exchange: the younger shall be said to be sole seized.

A feme sole makes a Feoffment upon con­dition to be performed on the part of the Feoffee at a certain day, before the day they intermary, the day incurre [...]h, the money not paid: the husband is sole seized.

A Feoffment is made to two, and to their proper use; and livery, & seisin is made to one of them accordingly, he is not sole seiz­ed: otherwise, if no use had been expressed. A Feoffment is made by deed to two, with a Letter of Attorney to one of them, to de­liver seizen, and he makes livery to the o­ther accordingly: he is not sole seized in Fee-simple.

Two joynt-Tenants, one within age, are diseised by the Father of the Infant; and the Father dies seized; the Infant enters, and the other occupieth in Common with him, the Infant is sole seized.

Two joynt-Tenants in Fee: the one bar­gains and sells by Indenture all his part, and before the Inrolement, the other dies, and the Indenture is inrolled within the six months, the other moyety shall descend.

What persons are Coparceners or Tenants in common in Fee-simple: and who may devise their parts, and who not.

A man hath two daughters, and makes a lease to them for term of their lives; the fa­ther dies; the daughters are seized in Fee in Coparcenary.

Land is given to a husband and wife and to a third person, and to the heirs of the husband; and the third person releaseth to the husband and wife, and to the heirs of the wife: the husband and wife are not joynt-Tenants, nor Tenants in common of the Fee-simple: but the husband himself is sole seized in Fee.

A man hath issue, two daughters; and the [Page 89] elder of them holdeth certain land of the father by 4 d. rent, the father dieth, the younger sister shal be presently seized with out any partition of 2 d.

Two joyn-Tenants by deed, make such partition, that is, that the one of them shall have the one moyety to him and his heirs, and the other shall have the other moyety to him and his heirs, without any meets or bounds, they are not Tenants in common.

A man makes a Feofment of two acres of Land habendum; the one acre to one of them and his heirs, and the other acre to the other & his heirs: they are joynt-tenants.

Three Coparceners are agreed to make a partition, so that the one hath a several part alloted to her in severalty; and that the o­thers shall hold in Coparcerany: and for equality of partition, a rent is granted and alotted out of the several part to the others in Fee: they are coparcerners of the Rent.

A man makes a lease for life, and hath issue two daughters, and dieth; the Lessee make waste: the one of the daughters hath issue, and dyeth: the issue and the other bring a Writ of waste, and recover, and enter; they are Coparceners as well of the Free-hold as of the Fee.

Land is given to two to have to them, that is to say, to the one of them in tayl, and to the other in Fee: he who hath a Fee, de­viseth the whole, and dieth: this not good for any part.

What devises of reversions or remainders of Rent be good, and what not.

A man lets a lease for term of life and after diseised his Lessee, and makes a Lease for term of life to another: for term of life of the first Lessee, the remainder over in Fee, the first Lessee enters, yet he in the remain­der may devise his remainder.

A man makes a lease for yeares upon con­dition that the lessor disturb not the Lessee within the term of the Lease, that the Lessee shal have Fee, & maketh Livery accordingly: the Lessor disturbeth the Lessee for Rent, where none is in arear, and after he devi­seth his reversion: this is not good.

A man makes a Lease of two acres of Land, reserving rent, and hath issue two daughters, and dieth, the daughters make partition of the reversion; so that the rever­sion with the appurtenances of one acre is allotted to one, and the other to the other: [Page 91] they severally devise the rent: this is not good.

Land is given to two habend. to the one for life, and after his decease to the other in Fee; he who hath the Fee deviseth his re­version: this is good.

The husband endows his wife at the Curch-door, and after is attainted of Fe­lony, and dieth; the wife enters: the Lord of whom the Land is holden, deviseth the reve [...]sion, this is not good.

A lease is made for life: the remainder in Fee to the Wife of the deviser, she sur­viveth, and deviseth this remainder: this is good.

An I [...]fant makes a Lease for life, the Lessee grants his estate over with Warrants the Infant at his full age bringeth a dum fuit infra aetatem, against the Grantee, who avoucheth his Grantor, who entreth into the warranty, upon whose possession the demandant releaseth in fee al his right, and is barred in the action by this release, and after dev [...]seth his reversion: this is a good device.

A man gran [...]s his reversion in Fee, and befor attornment he grants the same rever­sion to the Grantee for term of life onely [Page 92] and the Tenant attorneth generally, the Grantee deviseth this reversion: this is a good device.

A husband makes a Lease for life to the daughter and heir apparent of his wife, be­ing covert rendring rent; the wife mother dieth, the husband deviseth the rent: this is void.

A man makes a lease for life, reserving rent to him and his heirs, the Leassor devi­seth his rent; this is good: but if he reserve the Rent to him and to his Assigns, it is not good.

What gift, or estate, or conveyance shall be said to be made by covin or fraud, and what not.

A man holdeth Land in Soccage of a com­mon Lord; and he conveys this by fraud to defraud the Lord of his relief or herriot, the Lord shall not take advantage of this covin.

The Tenant makes an estate in Fee upon condition, and takes back an estate to him for life, the remainder to his eldest son in tail, and for default of such issue, the re­mainder to the heirs of the Body of the fa­ther [Page 93] begotten, the remainder over in Fee to the Lord of whom the Land is holden, yet this is covin at the pleasure of the Lord.

A man bona fide enfeoffeth two of his servants to their own use, for good service done and to be done; and they by covin convey divers faandulent estates to their masters, which remains over, &c. and the master knowing of their intent rejoyneth at it, yet this shall not be fraud.

The Tenant intending fraud, enfeoffeth divers persons, and putteth the Lord in trust as Attorney, to make Livery and Seizin, and so he doth, yet the Lord shall avoid this covin.

The Tenant maketh a Lease for years to the Lord, and after by a Fine conveyeth fraudulent Estates, &c. and after, the Lord within the term, maketh his Executor, and dieth, and the Execu or entreth into the term, and after the lessor dieth, his Heir within age, and the term continueth, the Heir of the Lord shall not avoid this covin.

What shall be said a purchase of Lands by the husband for the Joynture of the wife, and what not.

Land is given to three men, and a feme sole: one of them marries with the feme; she being excommunicated, one of the o­thers releaseth to the husband and wife, and to the Heirs of the husband: the husband dies, the wife assents. This is a good Pur­chase, and yet the wife is not a Tenant for life.

I. S. being contracted; marrieh another wife, and after marrieth her with whom he was contracted: he and this wife exchange land, which he had in the right of his wife: the husband dieth; she agreeth to the ex­change; this is not a joyntu [...]e.

A windmil is leas [...]d to a woman for years, who taketh a husband he granteth the term upon condition, and for the condi­tion broken enters: the lessor releaseth them, & haeredibus suis omnibus masculis: and if they die without such an Heir, that this shall remain to the Heirs of the husband. this is good, &c. 27. H. 8. cap. 10.

A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband, the remainder to J. S. in fee Tenant for yeers surrendeth to the husband, who dieth; the wife enters: this a good estate to the wife; &c.

An upper chamber is granted without deed to A. for life, the remainder for life; the remainder to A in Fee: A. grants his estate to him in remainder and his wise, and to thesr Heirs; and if they die without Heirs males of their bodies begot­ten, that then this shall revert: the husband dies, the wife enters. This is an estate to the wife, &c.

Land is devised to J. S. for life, the re­mainder to a husband in fra [...]k-marriage for, &c. I. S. and the deviser die; the hus­band enters and dies, the wife enters: this is not an estate made, &c.

Five acres of Land, adjoyning to the Sea are devised to husband and wife, & haere­dibus suis masculis, for, &c. five other acres adjoyning thereunto, the Sea forsak­eth, into which the husband and wife en­ter: this is not any estate made in the five acres newly gained.

J. S. by indenture bargains and sells a Dove-house to husband and wife, and to their heirs so long as they have issue of their bodies, whereas he hath no Dove-house: J. S. builded one; the husband enters and Dies, the wife enters: this is no tail in Joynture, &c.

The father giveth Land to the son and his wife, & liberis suis, with warranty to the son and his Wife, and to the heirs of their bodies for ten years; they are impleaded within the ten years, and lose and have in value: the years ex­pire. the husband dies, the wife enters: this is not an estate in tail for joynture, but for life.

Land is given to A. and B. and to the heirs of B. B. leaseth this to a feme sole for life, the lessor grants to the said feme, and J. D. common for ten year out of the said Land, during their lives for the Joynture of lessee, and after marrieth her: A. and D. die: this is an estate conveyed for life as an hereditament.

To grant an annuity of 10 l. joyntly and severally, to J. S. in Fee, who granteth it to husband and wife, to the husband for the life of J. D. to the wife until one of [Page 97] the sons of J. S. accomplish the age of twenty one yeers, the husband dieth; the wife accepteth this annuity: this is an estate made for the wife for a joynture, &c.

A Lease for life is made to the husband, the remainder to his wife and J. D. suc­cessive for their lives; the husband felleth trees and dies, the wife enters, the Vendee cuts, the lessor recovers in a Writ of wast, and hath execution: this is an eviction by lawful action: and yet the wife shall not have a Writ of Dower.

A Lordship by fealty and rent, is given to Baron and feme in tail before marrige, for, &c. the remainder in fee a Tenancy escheateth the husband, leaseth the Seigno­ry to A. who recovereth in a Cessavit, and dies, his heir enters, the husband dies: this is an eviction by lawful action, and the wife shall recover but an estate for life to the value of the Tenancy.

Tenant in tail of a rent, purchaseth the Land, out of which, &c. in tail, and giveth into Baron and feme for their lives, for, &c. fifty yeers expire, Tenant in tail, and the husband die, the wife enters, the issue bring­eth a Formedon of the rent & recovereth, and is put in execution: this is an eviction, [Page 98] and the wife shall have it to the value of the rent.

Land is granted to a feme covert for life, for, &c. he in reversion grants it by Fyne: the Conusee brings a scire facias, the husband claims Fee, and it is found against him, whereby judgement is given, the hus­band dies, the wife enters, the recoverer enters: this is not an eviction.

Tenant after possibility of issue extinct, the remainder for life is diseised, and re­leased to the diseisor, who dies: his heir gives the Land to husband and wife in tail, Tenant for life bringeth a consimili casu, and recovers; the wife enters; this is not an eviction.

An Infant gives a Park to a feme covert for life without impeachment of waste, the remainders of them to two men, and the heirs of their bodies: the game is destroyed, the husband dies, the wife enters, they bring a Writ of waste, the wife pleadeth Nul waste, &c. whereby they recover: this is a lawful eviction, but she shall not have a Writ of error.

Land of the value of 20 l. per annum, is granted to a feme for life, rendring 10 l. per annum; she marrieth: he who hath [Page 99] right recovereth the Land by covin of the husband, and hath Execution; the hus­band being Tenant in Tail, dies, having Land to the value of 10 l. per annum, the wife shall have it discharged of the rent, lesse for life reversing rent, the lessor diseis­eth him and makes a feofment, the feoffee dies, his heir giveth the land to the lessor and his wife in tail for her joynture. Te­nant for life brings a writ of entry in the post, and recovereth, and hath execution, the husband dies, the wife shal have dower, and shall recover for life the rent not re­covered in value.

Grandfather, father and son, the father diseiseth the grandfather, and taketh a wife; the father surrendreth certain Copy-hold land to the use of himself and his wife, and the heirs of the husband: the father dies, the son enters, the grandfather dies, the wife shall have this joynture or dowr, but not of this land.

Land is given to husband and wife in tail, with warranty; th y lose and recover in va­lue against him who hath nothing: the husband and J. S. being joynt-Tenants, agree by deed, that after five yeers ended, they shall hold in severalty; the husband [Page 100] dies within the five yeers, the wife hath dower assigned, she shall have both.

Lord and Tenant: the Tenant is attaint­ed of Felony, and commiteth Treason, for which he is attainted the Lord enters, and gives the land to the Tenant and his wife for yeers, upon condition, that if the Lord do not pay 20 l. to the husband and wife at a certain day, that they shall have it in tail, for the wives joynture: and the hus­band, dies before the day, the money is not paid, this is a joynture, and the wife shall not have dower.

A. enfeoffeth J. R. and B, makes livery to J. S. who taketh a wife; land is given to them in special tail for the joynture of the wife, they levy a fine, J, S. dies, a prae­ [...]i [...]e is brought against B. he disclaims; the heir of J. S. enters, the wife shall not have joynture nor dower of the land, but of o­ther land she shall have dower.

A rent-charge issuing out of Lands in se­veral Counties, and in the hands of several persons, is granted to husband for life, the remainder to his wife for her life for her joynture; the husband dies, the Tenant ac­cords to the wife, she shall not have this joynture not dower.

Land is given to J. S. for life, the lessor diseiseth him, and giveth the land before Coverture to the wife for life for a joyn­ture, a stranger confirmeth her estate with warranty; I. S. bringeth a Praecipe and re­covereth, the wife hath in value, the hus­band and he in reversion make a feofment before the Statute, the husband dies: this is not an eviction by discontinuance of the joynture, and yet she shall recover dower.

What is a ioynture assured before marri­age, and what a joynture af­ter marriage.

A Lordship by fealty and Rent before marriage is granted to Baron and feme for a joynture, they marry; a Tenancy esche­ateth, the husband enters and dies; this is a joynture in the Tenancy assured before marriage.

J. S. contracts with A. and before mar­riage, concludes with B. that he will reco­ver the Mannor of D. and that this shall be to them in tail for a Joynture. B. brings a writ of entry, which is returned, they marry. B. recovers and enters: this is a joynture after marriage.

I. S. leaseth to two for yeers rendring rent, and grants the reversion to husband and wife for their lives for a joynture, one attorneth before marriage, and the other after marriage: this is a good joynture be­fore marriage.

I. S. enfeoffeth I. D. to the use of him­self until he marry, and after that he marri­eth, then to the use of her that shall be his wife for her for a joynture: this is a joyn­ture after marriage.

I. S. grants land to a feme for ten years, and if he after marry her, then she shall have it for her life for a joynture, they mar­ry; this is a joynture before marriage.

I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives; they intermarry, the deed is inrolled, this is a joynture be­fore marriage.

After affiance between I. S. and A. S. they conclude that a fyne shall be leavied of the Mannor of D, for her joynture, the concord is acknowledged before the chief Justice; they marry and after a writ of Covenant is brought, and a fyne leavied: this is a joynture after marriage.

I. S. and A. marry before yeers of con­sent, land is given to them for their lives, at the yeers of consent they agree: this is a joynture after marriage.

I. S. makes a deed of feoffment to A. with a letter of Attorney, which feofment A. doth express to be to the use of himself, and her who shal be his wife for their lives, for a joynture; they marry, the Attorney maketh livery: this is a joynture after mar­riage.

I S. diseiseth one to the use of A. and B. whom he intends shall marry for a joyn­ture. A. and B. enter, and after the diseise release [...]h to the wife for her joynture: this is a joynture after marriage.

Land is given to A, B. and her who shall be his wife, for a joynture; they marry, the wife enters; this is a joynture in the moye­ty, which she shall have by survivor, and before marriage.

A. deviseth, that his Executor shall give the Mannor of D. to J. S. and A. D who shall be his wife, for their lives; they inter­marry, the Executor grants the Mannor accordingly; This is a joynture before marriage.

What is a forceable entry, and what is a forceable detaining, and what not.

If two persons or more being armed, or having weapons in their hands, enter the house of another to have possession there­of, and thereupon the party in the house parts a far off without any further violence offered him, this is a forceable entry.

If two men or more armed, &c. enter the house of another, the door being open, not declaring their intent, and remain in quiet notwithstanding, the Tenants without u­sing violence: this is not a forceable entry.

But if two or more enter the house of a­nother in peaceable manner, and after with fore and violence against the will of the party in possession put him out of posses­sion: this is a forceable entry.

If a single person break the house or window of another, and enter in, against his will, and thereupon he threatens the party in possession, insomuch that for fear he forsakes the house: this is a forceable entry.

If a forceable entry be made into the [Page 106] house of another to fight with the party there dwelling; and he for fear departs out of the house, and his enemies also; this is not a forceable entry:

If a man make a lease for life, and after grant the reversion to the same lessee upon condition, which is broken on the part of the lessee, and thereupon the lessor enters with force to gain the possession of the land: this is a forceable entry.

But if the lessor enter with force to see if waste be made by the lessee; this is not a forceable entry.

A Lord distrain for rent with force, though none be arear: this is not a forceable entry:

If any be fighting in a house, & the door shut, and others enter, and break it to see the peace kept: this not a forceable entry.

If two persons are fighting in the street, and one wound the other, so that he is in danger of death, and flee into a house, and shut the doors after him, and others there present pursue him, and break the house to take him: this is not a forceable entry.

But if no such danger of his life be, then they cannot break the house to take him, although it be done upon fresh suite; but if the door be open, they may enter and take him.

If the Justices of peace upon complaint made come to the place where the force was, and find the door shut, and within the house there is but one sole person, who will not open the door, & suffer the Justices to come in: this is a detaining with force.

If the Justices come to the place where the force was, and find some persons in arms, or their weapons lying by them in the house; this is a detainder with force.

If a man hath two houses neer adjoyn­ing, the one by a good title, the other by a defeazible title; he keeps a force in the first house to beat them who would enter into the house by a defeaz [...]ble title; this is a de­taining of force within.

If a man claim common in any Land, and the Land is detained with force, when he would use his common, or distrain for his Rent: this is a detaining with force.

If a man hear that certain fellows will come to his house to kill, beat or rob him: whereupon he assembles a force to assist him in his defence, this is no detaining with force.

If a man hath rent issuing out of the land of another, which land is detained with force, when he would distrain for his rent [Page 108] arear, he who is so disturbed of this rent, is no party grieved to complain by the Sta­tute before recited.

If after the death of the father, a stranger enters by abatement into the land, and holdeth with force, the son is not a party grieved.

If a man be seized of land, upon which a forceable entry is made, and die before any complaint is made thereof, his heir is not a party grieved to make complaint.

If a man make a lease for five yeers upon condition that if within the first two yeers, the lessee pay to him 10 l. that then he shall have see, and livery is made accor­dingly there, if any such forceable entry be committed within five yeers, although that the condition be not performed, yet the lessee is a party grieved by this Statute.

A man possessed of a term makes the heirs of J. S. his Executors, and dies; the said J. S. being also then dead, leaving issue a daughter, his wife pregnant with another daughter; the first enters into the land after which the other is born, and then such a force is committed; both the daughters are parties grieved.

Who are bound to go with the Justices at their command to remove a force; that is their penalty in case they re­fuse to go; and of what force is the Iustices record.

A man attainted of Felony upon request made is bound to go with the Justices to re­move a force.

Dukes, Earls, Lords, Barons, and every Apprentice and Servant is bound by the Statute to go with the Justices to remove a force.

An Alien born, and not made a Deni­zen, or a man who is not of sound memory, an Infant within the age of fourteen yeers; or any woman sole or covert, are not com­pellable to go with the Justices to remove a force.

A man going under bayl for debt or tres­pass, is not bound to go.

If hue and cry be made at one end of the Town, and the Justices require them at the other end of the Town, they are bound to go with the Justice to remove a fo [...]ce.

But if they have taken a Fellon, or are in pursuit of a Fellon at the time of re­quest, [Page 110] they are not bound to go:

If the Sheriff, Constable or other Officer without any Warrant, Process or Precept, require any person to go with the Justices to remove a force: they are not bound to go by this Statute; neither can an Officer arrest or imprison them by this Statute for their refusal.

But the Justices themselves may require them being in their presence by word only, and upon their refusal, imprison and fyne them.

If a forceable entry, and detainer with force be made upon the possession of a Justice of peace, he himself upon the view of it cannot remove the force.

But if upon a force committed, they also assault the Justice himself, then he may com­mit them to prison.

If one part of a house be in one County, and another part in another County; and when the Justices come to remove the force before they can arrest them, they go into another part of the house which is in ano­ther County; there they cannot remove the force by this Statute.

If a man enter the house of another by force, and expels the owner thereof, to one [Page 111] part or end of the said house, and detain the house with force; the Justices may re­move this force, and commit the offendor to prison.

If the Justices be present upon other bu­siness, where a forceable entry is made, when they are informed thereof, before any detainder, they cannot arrest them, and commit them to prison by this Statute.

If the Justices come to remove a force; and upon an arrest made, the offendors escape into another County, the Justices cannot arreast them nor commit them to prison by this Statute, although it be upon fresh suite.

If the Justices come to remove a force, and the offendors, before any arrest, make an escape for that time, but in the morning they are brought back again before the same Justices to the same place, by vertue of their Precept, yet they cannot commit them by vertue of this Statute.

If the Justice come to remove a force, and before that they can arrest the offenders they escape from thence; upon that, the Justices may well record this detainer with force by this Statute.

If the Sheriff is made Justice of peace, [Page 112] and after in the same yeer that he is Sheriff he cometh to the place where the force was, he cannot make a Record of this by the Statute.

If the Justices upon their coming to re­move the force, make a Record thereof, and commit the offendors to prison, and although it appeareth by the same Record, That it was not a force upon the matter, yet no remedy for the party so con­victed.

If the Justices make a Record, That they did see, where indeed there is no such matter, yet the parties cannot traverse it.

If the Justices come to remove a force, and a Rescue is made to the Officers and others there present to remove them, they may Record that as well as the force.

But if the Justices upon view of a force, record a Murder, Maim, or Man slaughter, this is no Record by this Statute.

If the Justices upon a force committed and complaint thereof made, make enquiry thereof, without going to the place it self where the force was: this is also a good enquiry by this Statute.

But if the Justices upon view of the force, [Page 113] make a Record thereof, and their Record containeth that the force was made with twenty persons, and the inquiry found it but ten persons: this enquiry is not good by this Statute.

If several enquiries be made by several Justices, upon a forceable entry, every one of them is a good enquiry.

If the Justices in their inquiry of force, present an Inquest by persons not sworn to do it; the inquiry maketh mention that they were sworn, yet this is a good enqui­ry.

But if the enquiry be made under the number of twelve: this is not a good en­quiry.

If any of the jurors, before whom any such Inquest is taken, he attained of a false Oath, or in decies tantum, or are Ambo-dexters: this is not a good en­quiry.

But if there be twelve persons in the jury over and above the persons attainted, the inquest is good.

If it be found by inquest that A. B. was seized, until J. D. diseised him with force by this inquiry, A. B. shall have restitu­tion.

If it be found that the father made a lease for years, and died, the years expired; and before any entry made by the son, a force is committed; the son shall not have restitu­tion by this Statute.

A man seized of Land hath issue a daugh­ter, and dieth, his wife great with child of a son, the daughter is ousted by force, and af­ter the Son is born, and all this matter is found by inquest; yet the Son shall not have restitution, but the daughter shall have it:

If it be found by several Inquests, that a man is ousted with force by several persons at sundry times of one and the same thing; each Inquest is good, and he may have re­stitution upon which of them he will; but when he hath restitution upon the one, then he shall not have restitution upon the o­ther.

If it be found by several inquiries (that is to say) by one inquest, That J. S. is ousted by force; and by another Inquest, That J. D: is ousted with force, and all of one and the same Land, there each of them may have restitution by these en­quiries.

If it be found that two joynt-Tenants were ousted by force, the one may have re­stitution [Page 115] upon this enquiry without his com­panion.

If it be found that A. B. was seised for the Term of D. and he is ousted with force by E. and that D. is now dead, yet A. B. shall have restitution by this en­quiry.

If it be found that the Father was seized until ousted with force, and died before any restitution or entry, the son shall not have any restitution.

Likewise if a man be possessed of a lease for years, and is ousted thereof with force, and dieth before restitution, his Executors shall not have restitution by this enquiry.

A lessee for life, the remainder over in fee, the lessee is ousted with force, and all this matter found by inquisition of the force but he in the remainder shall not have re­stitution by this enquiry.

The husband and wife before issue had, are ousted with force, and then have issue, the wife dieth, the husband by inquiry shall have restitution.

If a Lesse for life be ousted with force, and the lessor entereth for condition brok­en, and this is found by Inquest, yet the lessee shal have restitution by this enquiry.

The Justices of Peace before inquiry be taken, may put the party in possessi­on again without any Writ; but noe other Justices can do it without Writ.

The Justices of the same County, the re­cord being before them, may award ex­emption by Writ, although they be not the same Justices before whom the inquest was taken; but not without the same Re­cord.

If the Justices who took the inquest be dead before restitution be made, yet the Justices having the record may award exe­cution of the same: the Judges of the Upper-Bench having the Record removed before them, may award Execution by this Statute by Writ; but not other­wife.

If a Tenant of Land payes any rent to a stranger by compulsion of distress taken with force: this is a disseisin with force.

But if a man be disseissed of any rent by the Tenant of the Land, or by Rescous with force: this is not a desseisin with force.

If the Lord improves the waste with force, not leaving sufficient Common for the Commoners; this is a disseisin with force within the compass of the Sta­tute.

If a lessee for years with the remainder over for life be ousted with force: this is not a dissesin with force by the Statute.

If the disseisor, after he hath continued in quiet possession for three years, detaineth with force; this is not any detaining with force by the Statute.

If two joynt-Tenants are disseised with force, they both together are the parties grieved by this Statute, and not apart; but if one of them releaseth to the other, or di­eth, then the other by himself is a party grieved.

If the husband and wife seised of Lands in right of the wife, are disseised with force and the husband dieth, the wife shall be a party grieved by this Statute.

If a man be seised in right of his wife, and disseissed with force, and after they have issue, the wife dieth, the husband is a­party grieved by this Statute.

If a man makes a lease for life to his eldest son, and is disseissed with force, and [Page 118] dieth, the Son is the party grieved.

Land descends to two daughters, one enters, and a stranger ousted her by force, she may have an assize by this Statute: the party grieved may have an assize of novel disseisin, or an action of trespass upon the Statute, reciting the Statute, and shall re­cover treble damages.

Also in a Writ of Attainder brought a­gainst the Jurors, if they finde for the De­fendant by false Oath, the party shall re­cover treble damages.

And these offences, I hope all Friends to peace and truth will avoid, and hereby finde directions to punish the nocent.

Of Gaming-houses, and Players at Games.

No person whatsoever shall keep, hold, suffer or maintain in his House, Yard, Orchard or Backside, any place of unlaw­ful Games; nor shall not permit nor suffer any persons to play at his House, Yard Backside or Orchard, at Tables, Cards, Dice Coits, Loggats, Clash, Bowls, Slide-thrift or Shovegroat, (called now Shuffle-board and Boards end) or at any other un­lawful Game, invented or to be invented, on pain to forfeit for every day he shall use or suffer the same, 40 s. and all such per­sons as shall use or haunt any such place of unlawful Games, or play thereat, forfeits 6 s. 8. d. for every such Of­fence.

No Artificer or his Journey-man, no Husband-man, Apprentice, Labourer, [Page 121] Servant at Husbandry; Marrriner, Fisher-man, Water-man or Serving-man, shall play at any such unlawful Game or Games out of Christ-mas; nor then, out of their Master's House, or presence; on pain of 20 s. for every default 20 s. All which forfeitures are to be divided between the King and any person that will sue for the same in any Court of Record; laying his Action in the same County where the Offence is committed, and prosecuting the same within a year, 33 H. 8, 9.

If Informers would look diligently after these offences, they would do good ser­vice to the Commonwealth, and save many Families, Wives and Children from Destruction, and Gameste [...]s from the Gal­lows, where they usually throw their last Cast.

All Licenses to keep Houses or places of unlawful Games, shall be void, Stat. 2, 3. p. m. 9.

Perjury.

Whosoever suborns a Witness to give false Testimony in any Court of Record, forfeits 40 l. and upon conviction, if he hath not wherewith to satisfie the penalty, he shall suffer six mon hs imprisonment, stand in the Pillory an hour, and be dis­abled for a Witness for ever after, unlesse the judgment given against him be revers­ed by attaint or error.

And he that doth wilfully forswear him­self, that is, commit wilfull perjury, shall forfeit 20 l. six months imprisonment, and be dis-abled for a Witness, unless the judge­ment be reversed; and if he cannot pay the Fine, he is to stand in the Pillory, and have both his ears nailed, Stat. 5. El. 9.

By forswearing, I mean giving false evi­dence upon Oath before a Judge of Re­cord; and this is Perjury: for if a man bring an Action on the Case for scandalous words against another, for saying of the Plaintiff be forswore himself; it wil not bear an Action, unless he say he forswore him­self [Page 123] in a Court, which is a Court of Record being called there for a Witness.

And here by the way I must needs mem­tion a Case which is odious.

T. S. of W. subborns H. S. his Son to give false evidence in the Court of Record holden for the Honor and Castle of Wind­sor, in a Cause there depending between F. W. &c. he had done the same before at Abingdon, and hath since therewith W. F. against the same F: W. upon an Indict­ment: H. S. commits wilful Perjury at Windsor, is found thereof guilty by Indict­ment at W. (where there was no Sessions kept a long time before) nor (because of their kind usage to the Country, since) at the Seissions: the business was so handled by Tom Sneaks, and his Friends, that it was alledged that Windsor Court was not a Court of Record, and unless the Prosecu­tor presently prove it, (which they knew upon an instant he could not) the Defen­dant should be acquitted; and so he was thereupon. Rare Justice! But in the Court of W. it is no wonder.

I could name two or three more admira­ble Presidents between these parties: and [Page 24] some acted in the Town-Court of Oking­ham, inter Sims and Magick: but I'll re­serve them till another time for another intended Subject.

The Forfeitures in Case of Perjury are to be recovered in any Court of Record by Action of Debt or Information, one half to the King, the other to the Prosecutor; and may be laid in any County, though the Offence was not committed there.

This Act ought to be proclaimed at every Assize; and great pitty it is in my opinion, that there is no greater punish­ment ordained for Perjury.

It is in al respects equivalent to murder; and why should not the committers there­of, receive the same punishment as mur­derers convicted do? or at least should do.

He that will forswear himself, as too many now a days make no bones of it, oftentimes doth, and upon any spleen, ma­lice, or revenge, will take away the estate and life of any one.

Did not T. S. at Oke-ingham swear against F. W. at Abingdon, that he had stollen six cocks of Hay from him worth six shillings, and brough his Son and ano­ther [Page 125] to do the same? when there was not a Hay-cock in the Ground: but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew, and did take but two or three little Grass cocks valued at three pence, which was his right: yet the other endeavoured to hang him for it, if his Perjury had not appeared too manifestly, as well as it hath done since; as I shall shortly in another intended Subject fully demonstrate and anatomize the pra­ctice in the Court of Oke-ingham besides. But I'll forbear them now, because the scope of this is something else, to which I'll pro­ceed.

Forestallers, Regradors and In­grossers.

If any Person shall buy or contract for any Merchandize, Victuals, or any other thing whatsoever, in the way, by Land or Water, before it be brought unto any City, Fair or Market where it ought to be sold; or shall cause the same to be so brought; or shall disswade the people from bringing a­ny such commodity to any such place; or, being brought, shall perswade them to in­hance [Page 126] the price thereof, shall be adjudged a forestaller, Stat. 5. Ed. 6. 14.

A Regrador is he that buys any Grain, Wine, Fish, Butter, Cheese, Candles, Tal­low, Sheep, Lambs, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Pidgeons, Conies or other dead Victual whatsoever, brought to a Fair or Market to be sold there, and to sel the same again in the same Fair or Market, or in some other Fair or Market within four miles.

An Ingrosser is he that gets into his hands by buying, contract or promise, (other then by device or Grant) any Corn grow­ing in the Fields, or other Grain, Butter, Cheese, Fish, or o her dead Victuals what­soever with intent to sell it again. The Offendor in any of these Cases, shall forfeit for the first offence, the value of the goods so bought, and two months imprisonment without Bayl: for the second offence, the double value, and six months imprisonment without Bayl: and for the third shall forfeit all his goods, be set on the Pillory, and be imprisoned at the Kings pleasure.

He that buyeth Grain in any Market for change of Seed, shall bring as much hither the same day and sell it, according to the [Page 127] present price of Grain; on pain to forfeit double the value of the Grain so bought.

He that buyes any Cattel, and sells the same alive within five weeks, shall forfeit the double value therof, during which time he ought to keep them upon Pasture, ei­ther had by grant or prescription. These Offences shal be divided between the King and the prosecutor.

Wine without License.

No person whatsoever not lawfully au­thorized by License, shall sell or utter any Wine by retail to be spent in his or their mansion-house, or in any other place, in their tenure by any colour, craft, or engine, on pain of 10 l. to be divided between the King and the Prosecutor: which suit shall be comenced within a year after the offence committed, Stat 7. E. 6. 5,

Understand, no colour, craft nor engine shall evade the penalty of this Statute: it is not the pretence of the keeping a free Vintner, as they call it, nor taking their Wine of a Vintner, or other such pretences may serve their turn.

Of importing Silk or Ribbands, &c.

None shall bring or cause to be brought into England any Silk wrought (by it self or other stuff) out of England in Riband, Laces, Girdles, Corses, Cawls, Tissues, or points, on pain to forfeit the same or the va­lue thereof: to be divided between the King and any one that shall seize or sue for the same, Stat. 19. H. 7. 21.

A general complaint is now made by most, nay all Tradesmen that work in Silk of the great damage to the English Manu­facture in Silk, by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those For­rain Nations, to the great hindrance and decay of our English Trade: for preven­tion of which, I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf, by which they may wright themselves if they look after it.

Wood.

There are such wastes and devastations of Wood and Timber, and the growth thereof, in this Nation, as predicates a sad event and inevitable calamity ensuing, if it be not timely prevented, (though I am half afraid, it is too late already, but hope bet­ter and do hereby invite all lovers of their countries good, effectually to put in pra­ctice all such Laws and Statutes as are or­dained for the preservation of Wood and Timber; as here they follow:

Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood, which shall be felled at twenty four yeers growths or under, twelve Standils of Oak: or if there be not so many Oaks the number shall be made up of Elm, Ash, Asp, or Beech; which Standils shall not be felled, until they bear ten inches square within thre foot of the ground, on pain that the owner of the Wood shall forfeit for e­very Standil nor so left, 3 s. 4 d, and for e­very Standil left, and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided be­tween [Page 130] the King and the Prosecutor.

None shall convert into tillage or pasture any Underwood or Copice, containing two acres or above, and being two furlongs distant from the house of the Owner thereof, or from the house whereunto such wood doth belong on pain to forfeit 40 s: for every acre so converted: it were well if this were carefully looked after.

But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing, &c. notwith­standing this Act.

The Lord of the Soyl shal not fell or cut down any Wood or Copice, wherein o­thers have Common (except it be to his own use) before he and the Commoners shall agree in the setting out a fourth part thereof, to be imployed to the use of the Lord; and in case they cannot agree there­upon, two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inha­bitants, and with the consent of the Lord and them, shall set out a fourth part there­of to be inclosed by the Lord within one month after; and then to be felled at his pleasure, being subject to the same Laws [Page 131] and penalties upon breach thereof, as other Copices before mentioned are: and if any Beast be suffered to come into such fourth part within seven yeers after it is felled, the Owner of such Cattel shal forfeit for every such Beast 4 d. & if the Owner of any such Copice or Wood, cut down any Trees or Underwoods there, contrary to the form aforesaid, he shall forfeit for every tree so cut down 6 s. 8 d. All these forfeitures are to be equally divided between the King and any one that will sue for the same in any Court of Record, &c.

Ʋpholsters.

None shall make to fell, or offer to be sold, any Feather-Bed, Bolster, or Pillow, except the same be stuffed with dry-pulled Feathers, or clean Down only, without mingling of scalded Feathers, fenne-Down, Thistle-Down, Sand, Lyme, Gravel, or other unlawful corrupt stuff: on pain to forfeit the same so offered to be sold, or the value thereof.

Likewise, none shall make to sell or offer to be sold any Quilt, Mattress, or Cushi­ons stuffed with any mingled stuff, other [Page 132] then Feathers, Wool, or Flocks alone; on pain to forfeit the same so put to sale, or the value. All which forfeitures are equal­ly to be divided between he King and any person that will sue for the same.

Brokers, Ʋsurers and Extortioners:

Three Birds of a Feather, not a pin to chuse: these are destructive Locusts, that live by the sweat of other mens brows: the most wicked of all people; abhorrent, and against the Laws of God and Nature: for usurae legitimae sunt illicitae: nay, nulla usura legitima est: those usuries which our Politick Laws allow, though they may be said to be lawful usuries, and the most legitimate quoad nostram legem, yet they are illegitimate, and all unlawful secundum legem Dei.

Those most wretched people the Jews, having received from God a most express Command, not to oppress their brethren with Usury, they practise no vice more, and have spread their grangrene through­out almost all Nations, whither Gods judg­ments have scattered them; but especially, to the great shame of Christians, have in [Page 133] this respect found most imitation in Eng­land. And notwithstanding the prudency and vigilant care of our Supreme Gover­nors to cut off the Hydrean heads of these Serpents, they carry their poyson so subtilly as to destroy whole families under the pre­tended coverture of innocency in the eye of the Law: but yet certainly, their skins may be pulled off, and their wickedness appear, if duly looked after. I shall therefore first begin with the Brokers, who lend money upon pledge or pawn, as they call it: that is, seldom exceeding the quarter, or a little more, of the value of the thing so laid in pledge, shall be the sum of money so lent: and under this notion, the Brokers shops are the harbors and receptacles of thieves; for they receive like hell, all that comes, not caring whether the bringers be the right Owners or not, so there appear a visage of gain: and though the right Owner finde his own Goods in their possession, yet they under pretence of the alteration of pro­perty, will not deliver them. But let them know, that 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.

And [...]f any Broker, having received any 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 t [...]ereof to the Owner of the said Goods, Stat. 1 Jac. 21.

But th [...] is not all, for by an Act of the late Sessions of Parliament holden at West­minster, in the County of Midd. Anno 1651. it is enacted and ordained, That no person or persons, shall directly or indi­rectly, or by any craft or colour whatsoe­ver take above 6 l. for the loane or interest of 100 l. for a yeer, or over: and above that rate for a greater or a lesser sum, shall forfeit the treble value of the money or goods so lent, to be divided between the Protector & any party that will sue for the same in any Court of Record, by Indict­ment, Action of Debt, Bill Plant or In­formation. And if any Scrivener or Broker, shall take any more then 5 s. for the pro­curing of 100 l. for a year, or according to that rate for a greater or lesser sum, shall forfeit 20 l. and the Pillory.

Nevertheles so cunningly do these brokers and Usurers carry their designs, that viis & [Page 135] modis they take at first peny after the rate of 30 l. per annum, per cent, and as they handle the business, they make it amount to above 60 l. per annum, per cent. besides the trade of those that let money at 2 s. in the pound, deducted for twenty weeks, and have their money also paid weekly.

Well therefore were it to be wished, and is much to be desired, that these offences were duely prosecuted, and this enormous vice corrrected, so much conducing to the good of the Common-wealth, and well-being of all people in general who must earn their bread before they eat it.

Several other kinds of Extortion there are, especially in Bayliffs, under-Sheriffs, Goalers, Sergeants, and such-like, which I shall omit here, and leave them till another opportunity, because their corruption will fill up whole volumes: unless I be prevent­ed by their being reduced by the diligent hand of Justice, as I hope shortly they will