No. XIX. 8 Rich. II. c. 3. 8 Richard II. c. 4. 9 Richard II. . c. 1. 20 Richard II. c. 3. Common Bench, nor none of the Barons of the Exchequer, as long as they shall be in the office of Justice or Barons shall take from henceforth robe, fee, pension, gift nor reward, of any but of the King [except reward] of meat and drink, which shall be of no great value. And that from henceforth they shall give no counsel to any great or small in things or affairs, wherein the King is party, or which in any wise touch the King, and that they be not of any man's counsel in any cause, plea or quarrel, hanging the plea before them or in other of the King's Courts or places upon pain of loss of their office, and making to the King fine and ransom. [No. XX. ] 8 Richard II. c. 4.-The Penalty if a Judge or Clerk make a false Entry, rase a Roll, or change a Verdict. 66 66 66 IT TEM, At the complaint of the said Commonalty made to our Lord the King in the Parliament, for that great disherison in times past was done of the people, and may be done by the false entering of pleas, rasing of Rolls, and changing of Verdicts;"it is accorded and assented, That if any Judge or Clerk be of such default (so that by the same default there ensueth disherison of any of the parties) sufficiently convict before the King and his Council, by the manner and form which to the same our Lord the King and his Council shall seem reasonable, and within two years after such default made, if the 'party grieved be of full age, and if he be within age, then within two years after that he shall come to his full age, he shall be punished by fine and ransom at the King's will, and satisfy the party. And as to the restitution of the inheritance desired by the said Commons, the party grieved shall sue by Writ of Error, or otherwise, according to the law, if he see it expedient for him.' [No. XXI.] 9 Richard II. c. 1.-A Confirmation of all Statutes not repealed, saving of the Statute of 8 Rich. II. c. 3. FIRST, it is accorded and assented, That all the Statutes made by the Parliament in the times of the King's noble Progenitors, and in his own time, as well of Sheriffs, Under-Sheriffs, Escheators, and Clerks of Sheriffs, as of Purveyors, and all other good Statutes and • Ordinances not repealed by Parliament, shall be firmly holden and kept, and due execution thereof done, according to the effect of the same, except the Statute of the Justices and Barons of the Exchequer made at the last Parliament, which because it is very hard, and 'needeth declaration, the King will that it be of no force till it be de'clared by Parliament.' [No. XXII.] 20 Richard II. c. 3.-No Man shall sit (1) I have thought it eligible to insert this and the other preceding Numbers as matter of curiosity. Mr. Barington, in relation to this Statute, observes, that by the ancient Rules of the Parliament of Paris, no Member of that Body may frequent the Houses of Princes, or go to the Louvre; and that it is not usual with us at present for the puisne Judges to go to Court. វ [No. XXIII.] 4 Henry IV. c. 23.-Judgments given No. XXIII. shall continue until they shall be reversed by Attaint 4 Hen. IV. or Error. 64 66 IT TEM, Where as well in Plea real as in Plea personal, after judgment given in the Courts of our Lord the King, the parties be made to come upon grievous pain, sometime before the King himself, some"time before the King's Council, and sometimes to the Parliament, to answer there of new, to the great impoverishing of the parties afore“ said, and in the subversion of the common law of the land;” · it is ' ordained and established, That after judgment given in the Courts of our Lord the King, the parties and their heirs shall be thereof in peace, ⚫ until the judgment be undone by Attaint or by Error, if there be Error, as hath been used by the laws in the times of the King's Progenitors.' [ No. XXIV. ] 13 Henry IV. c. 2.-A Confirmation of the Statute of 8 Rich. II. cap. 2. touching Justices of Assise and Gaol-delivery, for so long as it shall please the King. c. 23. c. 2. TEM, It is ordained and established, That the Statute made in the 13 Henry IV. eighth year of King RICHARD the Second, wherein be contained these words which follow, "Item, it is agreed and ordained, that no man of the law shall be from henceforth Justice of the Assises or of the common deliverance of Gaols in his own Country; and that the Chief Justice of the Common Bench be assigned (among other Justices) to take such Assises and deliver Gaols; but as to the Chief Justice of the King's Bench, it shall be done as hath been accustomed for the most part of an hundred years last past; shall be holden and kept, notwithstanding any Statute or Ordinance made to the contrary. And that no Chief Justice of the King's Bench be in any wise hereafter made Justice to take Assises in any County within the Realm of England, but only in the County of Lancaster. And that this Statute hold place, and be in force as long as shall please the King for salvation of his prerogative. [No. XXV. ] 11 Henry VII. c. 3.-The Justices of Assise in their Sessions, and the Justices of Peace in every County, upon Information for the King, shall have Authority to hear and determine all Offences and Contempts (saving Treason, Murder, or Felony) committed by any Person against the Effect of any Statute made, and not repealed. [No. XXVI.] 32 Henry VIII. c. 21.-Trinity Term, and the Abbreviation thereof. WHERE the Term called Trinity Term of long time hath been, and 32 Henry VIIL yet is, yearly used to be holden and kept in such time and season c. 21. of the year, that by occasion thereof not only great peril and danger The causes of of infection of the Plague, and sundry other sicknesses have happened abbreviating 'to the King's loving subjects, as well Nobles as other, but also hath Trinity Term. 'been and yet is, a great impediment and let to a great multitude of the King's poor subjects, for provision and gathering in of harvest, ⚫ and other their necessary business and livings in that season of the year most expedient to be exercised: The King's most Royal Majesty having especial respect, as well to the health as to the wealth of his people, by the assent of the Lords Spiritual and Temporal, and the No. XXVI. 32 H. VIII. c. 21. There shall be only four days of return in Trinity Term, and not above. When Trinity Term shall be gin, and every return thereof. Days given in real actions. Days given in a writ of dower, Commons, in this present Parliament assembled, and by the authority of the same, ordaineth, enacteth and establisheth, That in the said Trinity Term shall be four common days of return only and not above; that is to say, the first day of return shall be, and be called, In Crastino Sanctæ Trinitatis; the second day of return of the same Term shall be, and be called, In Octabis Sanctæ Trinitatis; the third day of return of the same Term shall be, and be called, In Quindena Sanctæ Trinitatis; and the fourth day of return of the same term shall be, and be called, A die Sanctæ Trinitatis, in tres septimanas; and that the same days of return shall be observed and kept in all our Sovereign Lord the King's High Courts of Record hereafter to be holden at Westminster, or other place or places at the assignment, appointment or agreement of our said Sovereign Lord, his heirs or successors; and that from or after the Feast of St. Michael the Archangel next coming, there shall not be, nor be called, any days of return In Crastino Sancli Joannis Baptistæ, Octabis Sancti Joannis Baptistæ, nor Quindena Sancti Joannis Baptistæ, nor any of them. II. And be it further enacted by the authority aforesaid, That the said Term of the Holy Trinity shall yearly for ever, from the said Feast of St. Michael the Archangel next coming, begin the Monday next after Trinity Sunday, whensoever it shall happen to fall, for the keeping of the Essoigns, Profers, Returns, and other Ceremonies heretofore used and kept, in like manner and form as in times past hath been used to be done in the day of return commonly called In Octabis Sanctæ Trinitatis; and that the full Term of the said Trinity Term shall yearly for ever begin and take his commencement the Friday next after Corpus Christi Day, in such and in like manner and form, to all purposes, intents and respects, as heretofore hath been used the Wednesday next after Corpus Christi Day; and that from and after the said Feast of St. Michael the Archangel next coming, the said second and third days of return, called Octabis Sanctæ Trinitatis, and Quindena Sanctæ Trinitatis, shall take their commencement and begin as in times past hath been used; and the said fourth day, called A die Sanetæ Trinitatis in tres septimanas, shall take his commencement and begin from the same Trinity Sunday into three weeks then next following, and shall have his return with the fourth day, as is accustomed in other like days of return. III. And be it further enacted by the authority aforesaid, That if after the said Feast of Saint Michael the Archangel next coming, any writ in any real action come in or be returnable into any of our said Sovereign Lord the King's Courts In Octabis Sancti Hilarii, then day shall be given In Crastino Sanctæ Trinitatis; if In Quindena Sancti Hilari, In Octabis Sanctæ Trinitatis: if In Crastino Purificationis Beatæ Mariæ, In Quindena Sanctæ Trinitatis; if In Ocsabis Purificationis Beatæ Mariæ, then A die Sanctæ Trinitatis in tres septimanas : and if after the same Feast of Saint Michael the Archangel any writ in any real action come into any of our said Sovereign Lord the King's Courts returnable In Crastino Sanctæ Trinitatis, then day shall be given In Crastino Animarum; if In Octabis Sanctæ Trinitatis, In Craslino Sancti Martini; if In Quindena Sanctæ Trinitatis, In Octabis Sancti Martini; if A die Sanctæ Trinitatis in tres septimanas, In Quindena Sancti Martini. IV. And be it further enacted by the authority aforesaid, That if after the said Feast of Saint Michael the Archangel next coming, any Writ of Dower come into any of our Sovereign Lord the King's Courts, and be returnable in Quindena Pasche, then day shall be given In Crastino Sanctæ Trinitatis; if A die Pasche in tres septimanas, In Octabis Sanctæ Trinitatis; if A die Pasche in unum mensem, in Quindena Sanctæ Trinitatis; if A die Pascha in quinque septimanas, or In Crastino Ascensionis Domini, then day shall be given unto the day of A die Sanctæ Trinitatis in tres septimanas. And if after the same Feast of Saint Michael the Archangel next coming, any Writ of Dower come into any of our said Sovereign Lord the King's Courts of Record In Crastino Sanctæ Trinitatis, then day shall be given In Octabis Sancti Michaelis ; if In Octabis Sancti Trinitatis, In Quindena Sancli Michaelis; if In Quindena Sanctæ No. XXVI. V. And it is further enacted by the authority aforesaid, That all common Writs and Processes, as well personal as mixed, which shall fortune to be returnable in the said Trinity Term, shall have and keep the said Returns of Crastino Sanctæ Trinitatis, Octabis Sanctæ Trinitatis, Quindena Sanctæ Trinitatis, and A die Sanctæ Trinitatis in tres septimanas, or any one of them. VI. Provided always, and it is further enacted by the authority aforesaid, That in such and like cases and processes, as special days have been used to be appointed, assigned and given for the returning of writs and processes, it shall be lawful to the Justices of every of the King's said Courts of Record for the time being, in all the processes by them awarded, to assign and appoint special days of Returns, as by their discretions shall be thought convenient. c. 21. Where the Justices mayassign special days for the returning of writs. Days given in Assises of darrein present VII. Provided also, and be it further enacted by the authority above said, That the days in Assise of Darrein Presentment, and in plea of Quare impedit, limited and appointed by the Statute of Marlebridge, and also the days to be given in attaint, limited in the Statute made in ment, Quare impedit and the fifth year of the noble King Edward the Third, being not contrariant Attaint. to the tenour of this Act, shall be holden firm and stable, and shall stand in their full force and effect. [ No. XXVII. ] 33 Henry VIII. c. 24.-An act that none shall be Justice of Assise in his own Country, &c. c. 24. WH HERE in the Parliament holden in the eighth year of King 33 Hen. VIII. Richard the Second, it was enacted, ordained, and established, 'That no man learned in the laws of this realm should from thenceforth 'be Justice of Assise in the country where he dwelleth; and that the 'Chief Justice of the Common Place should be from thenceforth assigned, among other Justices, to the taking of the said Assises; but as to the Chief Justice of the King's Bench, there should be done and used as hath been used for the most part for the space of one hundred years 'next before, as by the said act more at large it doth and may appear: Since the making of which said good Act and Law, divers Justices ' and men learned in the laws of this realm, by their own means, industry and policy, and for their own commodity and ease, have 'obtained, contrary to the form of the said Act, to be Justices of Assises in the countries and counties where they were born or were inhabiting, whereby some jealousy of their affection and favour to'ward their kinsmen, alliance and friends within the said countries or 'counties where they were so born or inhabiting, hath been conceived and had against them by the King's most loving subjects of the same 'countries and counties:" II. For reformation whereof, the King's most loving subjects and the Commons in this present Parliament assembled, most humbly beseech and desire the King's Majesty, and that it may be enacted by the King's Majesty, with the assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by authority of the same, That no Justice, nor other man learned in the laws of this realm, shall at any time from or after the Feast of Easter next coming, use nor exercise the office of Justice of Assise within any county where the said Justice was born or doth inhabit, upon pain to forfeit for every offence done contrary to the form of this present Act, one hundred pounds; the moiety whereof to be to our Sovereign Lord the King, and the other moiety thereof to the party that will sue for the same in any of the King's Courts, by bill, plaint, information, action of debt or The reasons for making of this statute. No man shall be Justice of Assise in the county where he was born or doth dwell. No. XXVII. 33 H. VIII. c. 24. This statute otherwise, in the which suit no protection, essoign, nor wager of law shall be admitted nor allowed. III. Provided alway, and be it further enacted by the authority afore. said, That this act, or any thing herein contained, shall not extend, be construed or interpreted, to touch or concern any person or persons that now are, or hereafter shall be, Clerk or Clerks of Assises, and shall be doth not extend to the associate to any Justice of Assise, of or in any county, city or town clerk of Assise, within this realm of England, wherein the same person or persons, Clerk or Clerks so associate do dwell or were born; but that all and every Clerk and Clerks of Assises, which now do exercise or occupy, or hereafter shall exercise or occupy any office or clerkship of Assises, shall and may exercise and occupy the same in any county, city or town, wherein the same Clerk or Clerks of Assises do dwell or were born; any thing in this Act contained to the contrary notwithstanding. IV. Provided also, That these terms, Justices of Assises, or other persons learned in the laws of this realm, shall not extend or in any wise be interpreted to any Mayors, Sheriffs, Recorders, Stewards, Bailiffs, Sewters or other officers, being born or dwelling within any city, borough or town within this realm of England, but that they may be Justices of Assises of fresh force, or of other Assises in the same city, borough or town where he or they do or shall dwell, or were born, as they or any of them before this time have or might have been, to all intents and purposes; any thing in this act contained to the contrary notwithstanding. Officers of cities or corpo rate towns. Justices of both No Clerk of Assise shall be of counsel with any person in that circuit. The Justices, and Clerks of V. Provided alway, That this Act, nor any thing therein contained, shall be prejudicial to any Justice or Justices of the one Bench or the other, for taking, hearing, or determining Assises in the said Courts, in the one Bench or the other, nor to any Justice that shall take any Assise by or upon adjournment for difficulty of the same. VI. Provided alway, and be it enacted, That any Clerk of Assise during the only time of the session of or for any Assise or Assises, or of or for any Nisi Prius, shall not be of counsel with any person or persons within any circuit whereof he shall be Clerk of Assise, otherwise than to that office only appertaineth, upon pain to forfeit for every time offending contrary to this Statute, ten pounds; the one moiety thereof to be to the King, our Sovereign Lord, and the other moiety to the party grieved, to be sued in any of the King's Courts of Record, by action of debt, bill, plaint, information or otherwise, in which suit no essogin, protection, wager of law, or other dilatory plea, shall be admitted or allowed. VII. Provided also, and be it enacted by the authority aforesaid, That this Act or any thing therein contained, extend not unto the Justices, Justice Clerks, or Clerk of Assises, within our Sovereign Lord the King's Duchy and County Palatine of Lancaster, nor to any of them that now county of Lan- be, or hereafter shall be; but that the same Justices, Justice Clerks, and Clerk, and every of them, shall and may execute their offices, and every of them, in such manner and form as they, or any of them, have used to do before the making of this present Act; this Act or any thing therein contained to the contrary thereof notwithstanding. caster. ap. 12 & 13 Wm. [ No. XXVIII. ] 16 Charles I. c. 6.-An Act concerning the Limitation and Abbreviation of Michaelmas Term. [ No. XXIX. ] 12 and 13 William III. c. 2.-An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subjects. III. AN ND whereas it is requisite and necessary that some further provision be made for securing our religion, laws and liberties, from and after the death of His Majesty and the Princess Anne |