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
against any Sheriff or officer for want of appearance and if the Plaint ’ in some personal action declare not before the end of the next terme after appearance nonsuit shall be entered against him and costs taxed and levied as in the Stat ’ 28 H. 8. c. 15. 3. Proviso this Act extend not to capias utlagatum Attachments upon Rescous Attachments of Priviledge or any other attachment for contempt whatsoever issuing out of any of the said Courts Banckrupts 1. IF any person Subject or Denizen exercising trade doth depart the Realm conceal him or her self take Sanctuary suffer him or her self to be arrested outlawed or imprisoned without just cause to the intent to defraud his or her Creditors being Subjects born he shall be deemed Bankrupt 2. The Lord Keeper or Chancellor upon complaint in writing against any such Bankrupt may appoint honest and discreet persons to take such order with the body of the Bankrupt whereever found and also with the Lands as well Coppy as free hereditaments Annuities offices writings goods chattels and debts wheresoever known which the Bankrupt hath in his own right with his wife child or children or by way of trust or any secret use and to cause the said premisses to be searched rented appraised and sold for the payment of the Creditors rateably according to their debts as in the discretion of such Commissioners or the most part of them shall be thought fit 3. The vendees of Coppy-hold Land shall compound with the Lord for their fines and then shall be admitted and make fealtie according to the Custome of the mannor 4. Such of the Commissioners as execute the Commission shall upon the Bankrupts request render him the account and also the overplus if any be unto him his Executors Administrators and Assignes 5. The Commissioners have power to convene before them any person accused or suspected to have any of the Bankrupts goods chattels or debts or to be indebted unto him and for discovery thereof to examine upon Oath or otherwise as they or the most of them think fit 6. The Person refusing in that behalf to disclose or swear shall forfeit the double value of the goods and chattels so concealed to be ordered and imployed by the Commissioners or the most part of them 7. The person demanding or detaining any of the Bankrupts goods chattels lands or debts not justly due shall forfeit the double value to be levied recovered and imployed as aforesaid 8. If after all the Creditors are paid out of the Bankrupts Estate and the forfeitures any surplusage be it shall be by the Commissioners divided between the Queen her heires and successors and the poor of the place where such Bankrupts happen to be 9. If any person indebted absent himself from his usual place of abode upon conplaint the Commissioners or the most of them shall award 5 proclamations to be made upon 5 sundry market dayes near the said place commanding him to render himself to the Commissioners or one of them which if he do not in convenient time he shall be adjudged out of the Queens protection and the party wittingly receiving or concealing him upon Information to the Commissioners or the most of them suffer such imprisonment and pay such fine as the Lord Chancellor or Keeper shall think fit 10. The Creditor not fully satisfied by this means may notwithstanding this act take his course at law for the recovery of the residue of the debt 11. The Estate which happeneth to the Bankrupt by purchase or descent after he becomes a Bankrupt shall also be extendable by the Commissioners or the more part of them 12. This Act shall not extend to Annual Estates of Land free or Coppy by him conveyed before he became Bankrupt so that they were conveyed bonâ fide and not to such as were privy to his fraudulent purpose 13. Every Subject born or Denizen who using trade shall depart the Realm keep house absent him or her self to be arrested for debt not justly grown due to be outlawed imprisoned fraudulently procure his person to be arrested or goods attached depart from home make any fraudulent grant of Lands or goods with intent to deceive his other Creditors being Subjects born or being arrested lye in prison 6 months or more shall be adjudged a Bankrupt 14. The Bankrupt hereby described shall be proceded against as is limited by the 13 El. 7. in like maner as if he had been there so fully described 15. Any Creditor shall be received to take his part if he come in within 4 months after the Commission sued forth and pay his part of the charge otherwise the Commissioners may proceed to distribution 16. If a Bankrupt grant his lands or goods or transferr his debt into other mens names except to his children upon marriage they being of age to consent or upon valuable consideration the Commissioners may notwithstanding sell them and such Sail shall be good 17. If upon warning in writing left 3 times at the most usual place where he dwelt within one year before he became Bankrupt he appear not before the Commissioners they may cause him to be proclaimed at some publique place or places and if upon 5 such proclamations he yield not himself they shall by warrant cause him to be brought before them to be examined concerning his Estate 18. If the Bankrupt shall refuse to be examined the Commissioners shall commit him until he conform or if being informed he commit perjury to the prejudice of the Creditors to the value of 10l or more he shall be indicted for the same and after conviction stand upon the pillory and have one of his ears nailed thereto and cut off 19. If any person be known or suspected to detain any of the Bankrupts Estate and do not appear or send some lawfull Excuse at the next meeting after warning given him or appearing refuseth to be examined upon Oath the Commissioners by warrant shall cause him to be arrested and if he still refuse shall commit him until he do submit 20. The Witnesses shall have convenient charges allowed them ratably by the Creditors and such of them as shall be perjured and their procurers shall be indited upon the Stat ’ 5 El. 9. 21. The forfeitures of this Act shall be recovered by the creditors and the costs of suit deducted shall be ratably divided amongst them 22. The Commissioners have power to Assign the Bankrupts debts to the Creditors and by such assignement they shall be recoverable as their proper debts 23. No debtor shall be prejudiced by the payment of his debt to the Bankrupt hefore he have notice that he is Bankrupt 24. The Commissioners shall make such accompt to the Bankrupt and likewise pay him such overplus as by 13 Eâ—iz 7. is ordained and the Creditors being all satisfied the bankrupt may recover the remaining debts 25. If any of the Commissioners or other person imployed by them be sued for any act done by force of the
is named Attorney to the Officer or his Deputy ordained for the receit and entring thereof in the same term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin 1. FOr more speedy and effectual proceeding upon distress and avowries for Rents Enacted that when any Plaintiff in Replevin by Plaint or Writ returned removed or depending in any of the Kings Courts at Westminster the Defendant making a suggestion in nature of an Avowry or Conusance for such rent to ascertain the Court of the cause of the Distress the Court upon his Prayer shall award a Writ to the Sheriff of the County where the distress was taken to enquire by the Oathes of 12 good and lawful men of his Bailywick touching the summe in arrear at the time of such distress taken and the value of the goods or chattels distrained And thereupon 15 dayes shall be given to the Plaintiff or his Attorney in Court of the sitting in such inquiry and thereupon the Sheriffs shall inquire of the truth of the matter contained in such Writ by the Oath of 12 good and lawful men of his County and upon return of such Inquisition the Defendant shall have Judgement to recover against the Plaintiff the arrerages of such rent in case the Goods or Cattle distrained shall amount unto that value and if they amount not to that value then so much as the value of the said Goods and Cattle so distrained shall amount unto together with full costs of suit and shall have execution thereupon by Fieri facias or Elegit or otherwise as the Law shall require And in case such Plaintiff shall be non-suit after conusance or avowry made and issue joyned or if the Verdict shall be given against such Plaintiff then the Jurors that are impannelled or returned to enquire of such Issue shall at the prayer of the Defendant enquire concerning the summe of such Arrears and the value of the Goods and Cattle distrained And thereupon the Avowant or he that makes conusance shall have Judgement for such Arrerages or so much thereof as the Goods or Cattel distrained amounts unto together with his full costs and shall have execution for the same by Fieri facias or Elegit or otherwise as the Law shall require 2. And if any Judgement in any of the Courts aforesaid be given upon demurrer for the Avowant or him that maketh conusance for any rent the Court shall at the prayer of the defendant award a writ to enquire of the value of such distresse And upon returne thereof Judgment shall be given for the avowant or him c. for the arreares alledged to be behind in such avowry or Conusance if the goods or Cattel so distreined amount to that value And if they shall not amount to that value then for so much as the said goods or cattel so distreined shall amount unto together with his full costs of suit and shall have like execution as aforesaid 3. Provided that in all cases aforesaid when the value of the cattel distreined as aforesaid shall not be found to be to the full value of the arreares distreined for that the party to whom such arreares were due his Executors or Administrators shall from time to time distrein again for the residue of the said arreares Resceipt 1. IF any tenant for life in Dower by the law of England or in taile after possibility of issue extinct be impleaded and in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the law without any delay whatsoever of either side And therefore here days of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two Adversaries 2. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgement pass for the demandant against them in the reversion as well where the receipt is counterpleaded as where it is granted Simonie 1. IF any person or persons having election or voice in the nomination or choice of any person to have place in any Church Colledge School Hospital Hall or other society shall take any reward directly or indirectly or any promise or assurance thereof directly or indirectly for such their Election or voyce that then their Election shall be void and that then such person that hath power to dispose thereof may dispose of the same as if the person before elected were actually dead 2. If any person of such societies take any reward or assurance thereof directly or indirectly for resigning such place the party giving it shall forfeit the double value thereof and the party taking it shall be uncapable of such place and also then the party to whom such place appertaines may dispose thereof as aforesaid 3. At every Election this statute and the statutes which concern election shall be read 4. The forfeitures which shall be by this statute shall be divided between the Queen and the prosecutor 5. If any person for any reward or assurance thereof directly or indirectly taken doe present or collate any person to any benefice with cure of Souls Dignity Prebend or living Ecclesiastical or give or bestow the same for any corrupt consideratio nevery such presentation collation gift and bestowing and every admission Institution or investiture and induction thereupon shall be voyd and from thenceforth the Queen her heires and Successors may present or Collate thereunto or give or bestow the same for one turn only 6. None shall give or take any such reward or take or make any assurance in pain to forfeit the double value of one years profit of such spiritual promotion and the person taking such promotion shall be disabled in Law to enjoy the same 7. If any person for any such reward or assurance thereof except lawful fees admit institute instal induct invest or place any person in any spiritual promotion the party so offending shall forfeit the double value of one years profit of such promotion and such Institution c. shall be void and then the patron or other person to whom the next gift appertaines may present or collate thereunto 8. Howbeit no lapse shall incurr upon any such violence untill 6 monthes after notice given by the Ordinary to the Patron 9. If any Incumbent of any benefice with cure
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
Commission the Defend ’ may plead not guilty or Justifie and the whole matter shall be brought in Evidence according to the very truth thereof and if the verdict pass for the Defend ’ he shall have his costs 26. The Commissioners shall proceed to Execution notwithstanding the death of the Bankrupt 27. All laws made against Bankrupts shall be construed beneficially for the Creditors 28. Persons of Trade and Scriveners that procure protection except of Parliament and all such as by exhibiting petitions endeavour to compel their Creditors to take less than their due debts or to gain time for the payment thereof or being indebted in 100 l. or more shall not satisfie the same within 6 months after the same grows due and the Debtor arrested or within 6 months after the original writ sued out and notice given thereof in writing at the place of his abode or after arrest escape out of prison or procure enlargement by putting in common bayle shall be adjudged Bankrupt and in case of arrest from the time of the arrest 29. Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall also be pursued against him that by this act is prescribed to be a Bankrupt and proceedings provided by this act shall be pursued against him that is described in the other 2. 30. The Bankrupts wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incurr the punishment inflicted by the former lawes in like cases 31. The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set in the pillory and lose one of his ears 32. The Commissioners may by themselves or others break open the Bankrupts house or chests c. where his Estate is or is reputed to be and then seise and order his body or Estate as by the former laws is ordained 33. In the Distribution of the Bankrupts Estate no more respect shall be had unto debts upon Judgment Recognizances specialties with penalties or the like than to other debts 34. The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King 35. Another mans goods in the Bankrupts possession shall be also distributed by the Commissioners as the Bankrupts own goods 36. The Commissioners grant of the Bankrupts entailed Estate shall be good except when the reversion or remainder is in the King 37. No Purchaser shall be impeached by this or the former act unless the Commission be sued forth within 5 years after he becomes bankrupt 38. This act as also all the former shall extend to Strangers both Aliens and Denizens as well as to subjects born as well to be relieved as also to be subject to the penalty thereof 39. Whereas divers Noblemen and Gentlemen not brought up in trade have notwithstanding put great stocks into the East India and Guiny company it is declared that no person adventurer for putting in mony or Merchandize into the said Companies or for adventuring or managing the fishing called the royal fishing Trade shall be taken or reputed a merchant or trader within any stat ’ for Bankrupt or be lyable to the same 40. Provided that persons Trading or trafficking in any other manner than in the said companies or fishing shall be lyable to the Commission of Bankrupts Baron and Femme ALL marriages shall be adjudged Lawful that are not prohibited by Gods Law Brief 1. IN Original Writs where Exigent shall be awarded Addition of the Defendants condition and dwelling shall be inserted 2. Outlawries otherwise prosecuted shall be void 3. Surplusage of Additions shall not prejudice albeit the writ do therein vary from the Records and Deeds 4. The Clerks of the Chancery shall not omit such additions in pain to be fined at the discretion of the Chancellor 5. Original Writs may be sued upon personal actions against Prisoners in the Fleet and an Habeas Corpus granted to bring them to the Bar to answer any suit or declaration being put in and the defendant not appearing Judgement may be entred by nihil dicit and the Prisoner charged in Execution upon notice hereof to the Warden of the Fleet by rule of Court 6. In Actions of debt and other personal actions and Ejectione firmae in any of the said Courts after Issue joined to be tried by the Jury and after Judgement obtained there shall not need to be fifteen dayes between the Teste and return of any venire fac ’ Hab ’ corpora jurator ’ Distringas Fieri fac ’ or Cap ’ ad satisfac ’ and the want of it shall be no error 7. Provided this extend not to Writs of Cap ’ ad satisfac ’ where any exigent after Judgement is to be awarded nor to any Cap ’ ad satisfac ’ in order to make any bail triable Certiorari CErtioraries shall not be allowed unless the Indicted will become bound with sufficient sureties such as the Justices of Peace in Sess ’ shall like of to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assess Conditions 1. GRantees of Reversions may take advantage of conditions and covenants against Lessees of the same Lands as fully as the Lessors their heirs or successors might have done 2. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their Lessors or Grantors their heirs or successors all advantage of recoveries in value by reason of any Warranty in deed or Law by voucher or otherwise only excepted Costs 1. THere shall be no costs awarded to the Defendant when any Action is sued to the Kings use 2. In personal Actions in the Courts at Westminster being not for land or battery when it shall appear to the Judges and so by them signified that the debt or damage to be recovered amount not to the summe of 40 s or above the said Judges shall award to the plaintiff no more costs than damages 3. If the defendant or plaintiff be non-suit or overthrown by lawful trial in any action whatsoever the tenant or defendant shall have costs to be assessed and levied by the 23 H. 8. c. 15. 4. If any person sue a writ of Error to reverse a Judgement after verdict and the said Judgement is afterwards affirm'd he shall pay to the defendant in the Writ of Error double Costs to be assessed by the Court where such Writ of Error shall be depending 5. In all actions of Trespass Assault and Battery and other personal actions wherein the Judge at the trial of the cause shall not find and certifie under his hand upon the back of the Record that an Assault and Battery was sufficiently proved or that the freehold or title of the Land was chiesly in question the plaintiff shall have no more costs than damages in cases the Jury find
damages under 40 s. Continuance Discontinuance 1. THe death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the Original and Judicial process in respect of the Kings name â—e material as concerning any fault to be alledged therefore 2. Assises of Novel disseisin Mortdancestor Juris uâ—rum or Attaints shall not be discontinued by reason of death new Commissions or Associations or the not coming of the same Justices to any of them 3. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one bench or the other or Serjeant at Law shall not make the suit abatable 4. Preferment of a Justice of Assise Gaol-delivery or Peace or of any other Commissioners to the dignities aforesaid shall not lessen his power 5. New Justices of Gaol-delivery may give Judgement of a Prisoner sound guilty of Treason or Felony though he were reprieved by other Justices 6. No Process or suit before Justices of Assise Gaol-delivery Oyer and Terminer or Peace or other of the Kings Commissioners shall be discontinued by a new Commission or by the alteration of any of their names Court Admiralty 1. THe Admirals Court shall not have cognizance of any thing done within the Realm but onely upon the Sea 2. The party grieved upon non-observance of the 13 R. 2. c. 5. shall by action upon his case recover double damages against the Prosecutor in the Admiralty and the Prosecutor shall also forfeit 10 l. to the King Damages 1. WHen any person bound by a Judgement shall sue before Execution had a Writ of Error to reverse it if the Judgement be affirmed the Writ discontinued or the party that sueth it be non-suit the party against whom the Writ is brought shall recover his costs and damages at the discretion of the Justices before whom the said Writ is sued 2. If the Plaintiff be non-suit or overthrown by lawful trial in any Action Bill or Plaint for trespass upon the 5 R. 2. c. 7. or for any debt or covenant upon specialty or contract or for detinue accompt upon the case or upon any Statute the defendant shall have his costs to be assessed by the Judge or Judges of the Courts and to be recovered as the plaintiff might have recovered his in case Judgement had been given for him 3. He that sues in forma pauperis shall not pay costs but shall suffer such punishment as the Justices or Judge of the Court shall think fit 4. When any person shall sue forth of the Kings Bench any Latitat Alias and Pluries Capias against any person who thereupon doth appear and put in bail if the plaintiff do not declare within three dayes after or do after declaration delay or discontinue his suit or be non-suit the Judges of that Court shall thereupon award damages against the plaintiff 5. The like shall be done in the Courts of the Marshalsea London and all other Corporations and Liberties where the Courts are kept de die in diem but where they are not so kept then the plaintiff must declare at the next Court after appearance unless he have longer time allowed him by the Court. 6. If any shall malitiously for vexation and trouble cause or procure any person to be arrested or attached to answer in any of the said Courts at the suit of any person whereas there is none such or without the consent and agreement of the party at whose suit such arrest and attachment is procured the party so causing or procuring the same and thereof convict by indictment presentment the testimony of two or more witnesses or other due proof shall suffer six months imprisonment without bail and shall not be enlarged until he have satisfied the party grieved his treble damages and besides shall forfeit unto him if he be known 10 l. to be recovered as also treble damages by action of Debt Bill or Plaint in any Court against the party so offending his Executors or Administrators in which no Essoign c. shall be allowed 7. In personal actions in the Courts at Westminster being not for Land or Battery when it shall appear to the Judges and so by them signisied that the debt or damages to be recovered amount not to the summe of 40 s. or above the said Judges shall award to the Plaintiff no more costs than damages but less at their discretion Defalt Apparence 1. NO Filizer Exigenter or other Ossicer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Counsel make oath that he is the same person in whose name that suit is commenced and prosecuted Devlse Testament 1. EVery person having mannors Lands tenements or hereditaments holden in Socage or of the Nature of Socage tenure and not having any mannors Lands c. holden of the King by Knights service Socage tenure in chiefe nor of any other person by knights service shall have power to give dispose will and devise as well by his last will and testament in writing as otherwise by any act executed in his life all such mannors Lands c. at his pleasure 2. Where the Stat ’ 32 H. 8. c. 1. mentioneth mannors Lands c. of inheritance it shall be expounded and taken of Estates in fee simple 3. Every person having a sole Estate in fee simple or seised in coparcenary or in common in fee simple in any mannors Lands tenements rents or other hereditaments in possession Reversion or Remainder and having no lands holden of the King or of any other by Knights service may give dispose will or devise to any person or persons Except bodyes Politick and corporate by his last will and testament in writing or by act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said maâ—nors lands tenements and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure Discontinuance 1. IF a woman that hath an estate in Dower for life or in Taile jointly with her husband or onely to her self or for her use in any lands c. of the Inheritance or Purchase of her husband or given to the husband and wife by the husbands ancestors or any seised to the use of the husband or his ancestors do sole or with an after-taken husbband discontinue or suffer a Recovery by covin it shall be void and he to whom the land ought to belong after the death of the said Woman may enter as if the woman were dead without
make good any purchase made void by reason of any former conveyance so as the party so making void the same his Heirs or Assignes were the first day of this Parliament in actual possession of the Lands out of which any such Purchase Lease Charge or Profit was made Habeas Corpus 1. IF a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an Execution at another mans suit he shall be remanded 2. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered to the Judge or Officer of the Court before the Jury appear and one of them be sworn 3. No Writ to remove a suit commenced in an inferior Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joined so as such issue or demurrer be not joined within six weeks after the Arrest or Appearance of the defendants 4. An Action or Suit once remanded shall never afterwards be again removed 5. When the thing in demand exceedeth not 5 l. the suit shall not be removed by any writ save only by Writs of Error or Attaint 6. This Act shall only extend to Courts of Record where an Utter Barrester of three years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Councel in any action there depending 7. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Hue and Cry 1. THe Hundred where fresh suit shall cease shall answer half the damages to the Hundred where in the felony shall be committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit 2. When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1 Qu. dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular Inhabitans and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them 3. No Hundred shall be chargeable when any of the Malesactors shall be apprehended or when the Action is not prosecuted within one year after the robbery committed 4. No Hue and Cry shall be deemed legal unless the pursuit be both by Horse and Foot 5. No person robbed shall maintain an Action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within 20 dayes before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the Robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to Law Inrollment 1. BArgains and Sales to an use of Inheritance of Freehold must be by deed indented and inrolled within six months after the date thereof in some Court of Record at Westminster or in the County where the Land lieth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the Land is not worth 40 s. per an is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in Parchment and to deliver them unto the Custos Rotulorum within one year after 2. This Act shall not extend to Lands Tenements or Hereditaments in Corporations where an Officer or Officers there have lawfully used to inroll Deeds or other Writings Iustices NO Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices there commanded not to suffer it Iudgment IUdgments given shall continue and the parties for whom they are so given and their heires shall be in Peace until they shall be attaint or Error if any be Ley gager IN actions of Debt upon the arrearages of an account feigning to the intent to put the defendants from their law that the same was found before their Apprentices or Servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the defendants to their law or to trie the same by enquest Libell A Copy of a Libell grantable in the Ecclesiastical Court shall be presently delivered upon the defendants appearance Limitation 1. SEisin in a writ of right shall be within 60 years before the Teste of the same writ 2. In a Mortdancester Cosinage Ayel writ of entry sur disseisin or any other possessory action upon the possession of his Auncestor or predecessor it shall be within 50 years before the Teste of the Original of any such writ 3. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the Original of the same writ 4. In an Avowry or Cosinage for rent suit or services of the seisin of his Auncestor Predecessoror his own or any other whose estate he pretends to have it shall be within 40 years before the making of such Avowry or Cognisance 5. Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued and not after 6. The party demandant Plaint ’ or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognizance prescription c. 7. Provided that in any of the said actions avowries prescriptions c. the parties grieved may have an Attaint upon a false verdict given 8. The Statute of 32 H. 8. c. 2. shall not extend to a writ of right of Advowson Quare Impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate But the time of the seisin to be alledged in such cases shall be as it was at the common law before the making of the said Statute 9. All writs of Formedon in Descender Remainder or Reverter for any title or cause now in esse shall be sued within 20 years next after this
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