bowes and Arrowes according to the statute shall be prosecuted at the Assizes or Sessions of the County or at the Leet within which the Offence was committed and not elsewhere 10. Actions popular which may be presented before Iustices 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 customes c. or transporting of gold silver munition wool woolfells or leather 11. Upon default of proving that the offence was committed in the same County the defendant shall be found not guilty 12. The Informer shall make oath that the Osfence was committed in the same County where the action is laid and within one year before the suit commenced 13. The defend ’ in a popular action may plead the general issue and yet give special matter in evidence 14. An Informer shall exhibit his suit in proper person and pursue it by himself or by his Attorney in Court and that by way of Information or original action and shall have no deputy and all this in pain of 10. pound and the Pillory 15. A note of the time of exhibiting the Information shall be truly taken and from thenceforth it shall be accounted to be of record before which time no processe shall issue out upon it 16. The Clark that makes out the processe shall indorse the Informers name and also the statute upon which the Information is grounded in pain of 40 s. 17. No Jury shall appear at Westminster for a Tryal upon any penal law when the offence was committed above 30 miles from Westminster except the Attorney general for some reasonable cause require the same 18. No Informer shall compound with any defend ’ before answer nor then but by consent of Court in pain of 10 l. and the pillory 19. Where the Informer delayes or discontinues his suit or otherwise is Nonsuit or overthrown the court shall assigne costs to the defend ’ to be immediatly levied by Execution issuing out of the same Court 20. Iustices of Oyer and Terminer Assize and Peace in their Sessions have power to hear and determine these offences 21. This Act shall not restrain Actions brought for Maintenance Champerty buying of titles or Imbruary nor any certain person or body Politique to whom any forfeiture or penalty is specially limited nor certain Officers who have lawfully used to exhibite Informations Amendment 1. THE Justices before whom any default shall be found by misprision of a Clerk in one syllable or letter too much or too little in any Record or Process may amend the same as well aster Judgment as before so long as such Record or Process shall continue before them 2. This shall not extend to any Record or Process whereby any person is out-Lawed nor to Wales 3. No Judgment or Record shall be reversed or annulled for error assigned by reason of the razing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Substracton or Diminution of Words Letters Titles or parcel of Letters found in the same 4. The Judges may reform all desects in any Record Process Wards Plea Warr ’ Writ Pannel or Return except Appeals Indictments of Treason or Felony and Outlawries of the same and the substance of the proper names sur-names and Additions left out in Original Writs Exigents and in other Writs of Proclamation contrary to he Statute of 1 H 5 5. concerning Additions so that by such misprision of the Clerk no Judgment shall be reversed or annulled 5. Variance alledged between a Record and the certificate thereof shall be amended by the Judges 6. 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 or enrollment there shall be no Judgment reversed or annulled 7. The Justices may amend the misprision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any Record or Process or the Return of the same by reason of writing one letter or one syllable too much or too little except in Records and Processes within Wales and of Felonies and Treasons and the dependants of the same 8. 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 only as the party shall express together with his Demurrer After which time no Judgment shall be reversed by Writ of Error or for any other defect then such as he shall there mention and if there happen to be any other the Judges may amend there 9. This Act shall not extend to the proceeding in an Appeal of Felony or Murder upon an Indictment Presentment or penal Statute Attaint 1. 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 2. 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 arrerages 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 3. Upon every untrue Verdict before Iudges 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 pettie Jury and also against the party that hath the Judgement thereupon 4. The Process here shall be Summons Resummons and distress infinite as well against the petty Jury and the party as against the grand Jury who shall be of the accustomed number and have Lands to the yearly value of 20 markes out of Auntient demesne 5. The distresse shall be awarded 15 dayes before the return of it and shall be made upon the land of every one of the grand Jury as is used in other distresses 6. Albeit the Defend ’ or petty Jury or some of them appear not yet the Grand Jury shall proceed 7. If any of the petty Jury appear the Plaint ’ shall assigne the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the writ process and assignement be good but that they made true serement which shall be tryed by 24 of the grand Jury unless the Plaint ’ hath before been nonsuited or discontinued his suit or had Judgement against the Jury for the same Verdict 8. Howbeit that the Defend ’ may plead that they gave a true verdict or any other matter
her Heirs and Successors and other than for the term of 21 years and 3 lives from the time of such Estate made and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives shall be void to all intents and purposes 10. All Leases Conveyances or Estates made by any Master or Fellows of any Colledge Dean and Chapter of any Cathedral or Collegiate Church Master or Gardian of any Hospital Parson Vicar or any other having any spiritual or Ecclesiastical Living or any Houses Lands Titles or other Hereditaments being parcel of their Colledge Cathedral Church Chapter Hospital Parsonage Vicarage or other spiritual promotion or belonging thereunto other than for 21 years or 3 lives from the making thereof and whereupon the accustomed yearly rent shall be reserved and payable yearly during the term shall be utterly void to all intents and purposes 11. This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or Collegiate Church 12. This Act shall not be extended to any Lease hereafter to be made upon surrender of a former Lease or by reason of any Covenant or condition contained in any former Lease and so continuing so as the Lease to be made contain not more years than the residue of the years of such former Lease nor any less rent than is thereby reserved 13. All Leases made by such persons as are mentioned in 13 El. 10. where another Lease is in being not to be expired surrendred or ended within three years next after the making such new Lease shall be void and all Bonds and Covenants for the removing any such Lease contrary to this Act or the said Statute of 13 El. 10. shall also be void howbeit this Act shall not extend to any Lease or Leases heretofore made to any such person or persons 14. Upon complaint to the Ordinary and sentence given upon any offence committed by the Incumbent against the Statute 13 El. 20. whereby he ought to lose the profits of his Benefice the Ordinary within two months after such sentence given and request made by the Church-wardens or one of them shall grant the sequestration thereof to such inhabitant or inhabitants there as to him shall seem convenient and upon default in the Ordinary it shall be lawful for every parishioner there to retain his Tythes and for the Church-wardens to take the profits of the Glebe and other rents and duties of such Benefice to be employed to the use of the poor until the sequestration shall be commited by the Ordinary and then the Church-wardens or Parishioners are to accompt to him or them to whom such sequestration shall be committed and he or they shall imploy the said profits to such uses as by the said Statute of 13 El. c. 20. are appointed in pain to forfeit the double value of the profits withholden to be recover'd in the Ecclesiastical Court by the Poor of the Parish 15. All assurances of Bishops Lands to the King shall be void Process 1. LIke Process shall be hereafter had in actions upon the Case sued in the Kings Bench or Common pleas as in actions of Trespasse or Debt 2. Original writs may be sued upon personal actions in the Fleet and an Habeas corpus granted to bring them to the barre to answer any suit and Declaration being put in and the defend ’ 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 Court Prohibition 1. NOne shall be cited to appear out of the Diocesse or peculiar jurisdiction where he or she liveth except by some Ecclesiastical or other person within the Diocesse or other jurisdiction wherein he is so cited for some offence or cause commited or omitted contrary to right or duty or upon an appeal or other lawful cause or when the Judg dares not nor will not cause him to be cited nor 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 pain to forfeit double damages to the party grieved and 10 l. to the King to be divided betwixt him and the prosecutor 2. The Arch-Bishop may cite for heresie in any Diocesse within his province upon consent or neglect of the Bishop or Judge there 3. This Act shall not restrain the Jurisdiction of the Prerogative Court for probate of Testaments 4. The Ecclesiastical Judge shall take but 3 d. for a citation upon the pains aforesaid Recognisance 1. THe Chief Justices of the Kings-Bench and common Pleas or either of them or in their absence out of the Terme the Major of the Staple at Westminster and the Recorder of London jointly together shall have power to take recognisances for the payment of debts in this forme following Noverint universi per praesentes nos A. B. and D. C. teneri firmiter obligari Joanni Stile in cent ’ libr ’ Sterling solvendis eidem Ioanni aut su◠cert ’ Attornat ’ hoc script ’ ostend ’ haered ’ vel Execut ’ suis in tal ’ fest ’ c. proxim ’ futur ’ post dat ’ praesent ’ si defecero vel defecerimus in solutione debit ’ praedict ’ Volo conced ’ Vel sic Volumus concedimus quod tunc currat super me haered ’ Execut ’ meos Vel super nos quemlibet nostrum haered ’ Execut ’ nostros poena in Statuto stapul ’ de debit ’ pro Marchandisis in ead ’ emptis recuperand ’ ordinat ’ provis ’ Dat ’ tali die Anno Regni Regis c. 2. Such obligation shall be sealed with the seal of the Recognisor or Recognisors as also with such a seal as the King shall appoint for that purpose and with the seal of one of the Chief Justices or the seals of the said Major of the staple and Recorder and every of the said Justices and the said Major and Recorder shall have the Custody of one such seal to be appointed by the King as aforesaid 3. The Clerke of the Recognisances to be also appointed by the King or his sufficient deputie or deputies shall write and inroll such obligations in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Major and Recorder that take such Recognisance and the other with the writer thereof also such Clerke or his deputie or deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. 4. The Clerk or his deputie at the request of the Creditors their Executors or Administrators shall certifie such obligations in the Chancery under his or their seal 5. The Recognisees of such obligations their Executors and Administrators shall
Excommunicato capiendo shall be made in Term time and returnable in the Kings Bench the next day after the Teste thereof having 20 dayes betwixt the Teste and return 2. After the Writ shall be sealed it shall be forthwith brought into the Kings Bench and there opened and delivered of record to the Sheriff or other Officer or other Deputies to whom the Execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices shall amerce him at their discretion and estreat the amercement into the Exchequer 3. At the return of the Writ the Sheriff or other Officer c. shall not be compelled to bring the party arrested into the Kings Bench but only 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 4. If the Sheriff or c. return a non est inventus then shall issue out of the Kings Bench a Capias returnable in term time two months at least after the teste thereof with a Proclamation to be made 10 dayes at least before the return in the County Court Assise Gaol-delivery or Sessions that the party shall within 6 dayes after such Proclamation yield his body to the Gaol 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. 5. 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 a pain to 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 until he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid 6. The party yielding his body shall be committed to prison in like sort as is he had been taken upon the Excom Cap. 7. If the Sheriff c. make a false return upon any of the said Writs he shall forfeit to the party grieved 40 l. 8. The Bishops Authority to receive submission and deliver the Excommunicate is saved according to the former usuage viz. by a certificate thereof from the Bailiff into the Chancery and then a Writ from thence to deliver the Prisoner 9. In Wales the Counties Palatine of Lancaster Chester and Durham and Ely the Cinque Ports being Jurisdictions exempt where the Queens 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 Kings Bench is above directed 10. If in the Excom Cap. the Excommunicate have not a sufficient addition according to the Statute 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 baptised refusing to receive the Sacrament to come to Divine Service or Errors in matters of Religion or Doctrine Incontinency Usury Symony Perjury in the Ecclesiastical Court or Idolatry he shall not incurr the penalties aforesaid 11. If the Addition be with a nuper of such 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 incurr the penalties aforesaid 12. Persons in Prison under age non sane memory shall not incur the penalties aforesaid Execution 1. IF Lands delivered in Execution on just cause be recovered without sraud from the tenant in Execution before he shall have levied his whole debt and damages he may have a scire fac ’ out of the Court from whence he had his Execution returnable into the same Court at a day 40 dayes at least after the date of such scire fac ’ At which day if the Defendant being lawfully warned make default or do appear and not plead a sufficient cause other than the former acceptance of the Lands to avoid the said suit for the residue of the said debt and damages the said Court shall award a new writ of Execution for the levying thereof 2. No Execution shall be stayed upon any Writ of Error or Supersedeas thereupon for the reversing of a Judgement in any Action of debt or upon any contract in the Courts at Westminster of the Counties Palatine of Lancaster or Chester or of the great Sessions in Wales unless the Plaintift with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgement is given by Recognizance in the same Court in double the summe adjudged to prosecute the said Writ of Error with effect and to pay if the judgement be affirmed all debts damages and costs so adjudged and all costs and damages for delaying the Execution by the Writ of Error 3. The parties or party at whose suit any person shall stand charged in Execution for debt or damages recovered their Executors 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 deceased in like manner as if the person deceased had never been taken in Execution Howbeit this act shall not extend to Lands sold lona fide after the Judgement given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts 4. For further remedy against the staying of Execution after Judgement in part provided against by the Stat ’ 3 Jac. c. 8. no Execution shall be stayed in any of the said Courts by Writ of Error or Supersedeas after Verdict and Judgement in Action of debt upon the Stat ’ of 2 E. 6. for Tythes promise for payment of money Trover Covenant Detinue or Trespass unless such Recognisance in the same Court be first entred as directed by the said Statute and if such Judgement be affirmed the party presenting such Writ of Error to pay double costs for such delay 5. Proviso this Act shall not extend to any popular action except 2 E. 6. nor to any Indictment Information Inquisition or Appeal 6. When any Judgement Statute or Recognizance shall be extended it shall not be avoided or delayed by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of Contribution against such person whose Lands be or shall be extended out of such extent for time to come 7. This Act gives no extent or contribution against any Heir within the age of 21 years during such minority further than might have been before this Act. 8. Provided this Act extend
be entred in the office of Assurance in London 2. This Commission shall be directed to the Judge of the Admiraltie the Recorder of London 2 Doctors of the Civil 2 Common Lawyers and 8 grave or discreet Merchants or to 5 of them which Commissioners or the greater part of them shall have power to hear and determine all such causes in a brief and Summary course as to their discretion shall seem meet without formality of pleadings or proceedings 3. The Commissioners have also power to Summon parties Examine witness upon Oath and commit to prison such as contemn or disobey their orders or decrees They shall meet and sit once a week at the least in the office of assurance or in some other convenient publick place for the execution of the said commission and no fees shall be there exacted by any person whatsoever 4. If any be grieved by their Sentence or decree he may exhibit his bill in Chancery for the reexamination thereof so as he first satisfie the sentence so awarded or deposite with the Commissioners the sum awarded and then albeit he be imprisoned he shall be enlarged and here the Lord Chancellor or Keeper hath power to reverse or affirme every such sentence or decree and in case it be affirmed to award the party assured double costs 5. No Commissioner shall meddle in the execution of the Commission wherein he is party assurer or assured not until he hath taken his Corporal Oath before the Major and Court of Aldermen to proceed uprightly and indifferently between party and party only the Judge of the Admiralty is excused from that Oath 6. Upon some defects in the statute of 43 El. c. 12. It is enacted that the Lord Chancellor or keeper of the great Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a doctor of the Civil Law or a Barrister of the Common Law be alwayes one of 5 years Standing to make a Court of policies of assurance and an Act as any five before might have done 7. The said Commissioners or any 3 of them impowered to Summon parties and witnesses and upon contempts and delays in the witnesses upon first Summons and reasonable Charges and in the parties upon second Summons to imprison offenders or to give every Commissioner having taken the Oath before the Lord Major of London to proceed uprightly in the Execution of the said Commission 8. Commissions may issue out of the Court of Admiralty for examining witnesses beyond sea or in remote place by direction of the said Commissioners or any three of them and decrees may be made against the body and goods and against the Executors c. and Execution accordingly and assess costs of suit as to them shall seem meet 9. Any of the said Commissioners may administer an Oath to any witness legally summoned so as the adverse party have timely notice to the end Witnesses may be truly examined 10. Provided That in no case Execution be against Body and Goods for the same debt 11. Provided That an Appeal may be to the Chancery as in the said former Act. Powers 1. LEases made by tenant in tail or by him who is seised in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their Wives Heirs and Successors 2. The Statute shall not extend to any Lease made of Lands in the hands of any Farmer by force of any old Lease unless such old lease expire within a year after the making of the new nor to any grant to be made of any Reversion of any Manors Lands c. nor to any Lease of any Manors Lands c. which have not been let to farm or occupied by Farmers 20 years before such Lease made nor to any Lease to be made without impeachment of waste nor to any Lease to be made for above 21 years or 3 lives from the day of the making thereof and that upon every such Lease there be reserved so much yearly as hath been usually paid for the Lands so let within 20 years next before such Lease made and the Reversioners of the Manors Lands c. so let after the death of such Lessor or his Heirs may have such remedy against such Lessee his Executors and Assignes as such Lessor might have had against such Lessee 3. That all Leases made by the Husband of Manors Lands c. being the inheritance of the Wife and she to seal to the same and the rent shall be reserved to the Huband and Wife the heirs of the Wife and here the Husband shall not Alien or discharge the rent or any part thereof longer than during the Coverture unless it be by Fine levied by Husband and Wife 4. This Act shall not extend to give liberty to take more Farms or Leases than might have been taken before this Act nor to any Parson or Vicar to make any Lease otherwise than they might have done before 5. All Leases for years made within three years before the 12 of April in the 31 of H. 8. by writing indented under seal by any person of full age sane memory and not lawfully contracted or Covert-Baron of any Manors Lands c. wherein he or they have an estate of inheritance to his or their own use at the time of the making thereof and whereof the Lessee or Lessees or their A signes now have the possession by force of such Lease or Leases and no cause of re-entry or forfeiture thereof had or made shall be good in Law against such Lessors their Heirs and Successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force than they were before the making of this Act. 6. No Fine Feoffement or other Act done by the Husband only of the inheritance of free-hold of the Wife shall make any discontinuance or prejudice the Wife or any other who is to enjoy it after her decease the fines levied by the Husband and Wife only excepted 7. This Act shall not give liberty to the Wife or her Heirs to avoid any Lease hereafter to be made of the Wifes inheritance by the Husband Wife for 21 years or under or three lives whereupon the accustomed yearly rent for 20 years before is reserved according to the tenor of this act 8. This Act shall not extend to the making good any Lease made by any Ecclesiastical person which are made void by Authority of Parliament or by any such person or other now attainted of Treason 9. All Estates made by any Arch-Bishop or other Bishop of any Manors Lands c. parcel of the possessions of their Bishoprick or united or appertaining thereunto to any person or persons body Politique or Corporate other than to the Queen