as the persons upon whose lives the estate depends shall live and shall recover against the lessors c. or other persons upon action for damages the full profits with lawfull interest Error 1. HE in reversion shall have a writ of Error upon an erroneous Judgment given against tenant for life 2. For preventing abatement of writs of Error upon Judgment in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of the return of any writ of Error to be sued forth by Vertue of the Statute 31 Ed. 3. c. 12. recited in the Statute 31 El. c. 1. shall not cause any abatement or discontinuance of any such writ of Error But if both the Chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellour or Lord Treasurer shall come to the Exchequer Chamber and there be present at the day of the return of any such writ of Error it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellour and Lord Treasurer had come and been present at the day and place of return of such writ 3. After a verdict of 12 men in any action suit bill or demand commenced after the 25 th of March 1665. in any of the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durham or Court of the great Session or in any of the 12 shires of Wales Judgment thereupon shall not be stayed or reversed for default in forme or lack of forme or lack of pledges or but one pledge to prosecute returned upon the Original writ or for default of entring of pledges upon any bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by reason of the Omission of Vi armis or contra pacem or for mistaking of the Christian name or Sur-name of the plaint ’ or defend ’ demand ’ or Tenant summe or summes of money day month or year by the Clarke in any Bill Declaration or pleading where the right name Sur-name summe day of the month or year in any writ plaint Roll or Record preceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the plaintiffe might have demurred and shewen the same for cause Nor for want of the averrment of Hoc paratus est Verificare per Recordum or for not alledging prout patet per Recordum or for that there is no right Venue so as the cause were tryed by a Jury of the proper County or place where the acted is layd 4. Nor any Judgment after Verdict confession by Cognovit actionem or relicta verificatione shall be reversed for want of misericordia or Capiatur or by reason that a Capiatur is entered for a misericordia or a misericordia for a Capiatur Nor that Ideo concessum est per Curiam is entered for ideo consideratum est per Curiam nor for that encrease of costs after a Verdict in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any acton whatsoever are not entered to be by consent of the plaint ’ But that all such omissions variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or Tryal are alter'd shall be amended by the Justices and other Iudges of the Courts where such Judgments are or shall be given or whereupon the record is or shall be removed by writ of errour 5. Provided this Act extend not to any writ declaration or suit of Appeal of Felony or Murther nor any Indictment nor presentment of Felony Murther Treason or other matter nor to any processe upon any of them nor to any writ Bill action or Information upon any penal Statute other than concerning Customes and subsidies of Tunnage and poundage 6. And after the 20 th of March 1664. no execution shall be stayed in any of the aforesaid Courts by writ of Errour or supersedeas thereupon after Verdict and Judgment in any action personal whatsoever unless a recognisance with condition according to the former Statute made 3 Jac. c. 8. shall be first acknowledged in the Court where such Judgment shall be given 7. In writs of Errour to be brought upon any Iudgment after Verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the plaint ’ in such writ of Error shall be bound to the plaint ’ in such writ of Dower or Ejectione firmae in such reasonable summ as the Court to which such writ of Error shall be directed shall think fit with condition that if the Judgment shall be affirmed in the said writ of Error or the writ of Error discontinued in default of the plaint ’ therein or that the said plaint ’ be nonsuit in such writ of Error that then the plaint ’ shall pay such costs dammages and summs of money as shall be awarded after such Iudgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any wayes committed after the first Iudgment in Dower or Ejectione firmae And upon return thereof Iudgment shall be given and execution awarded for such mean profits and damages and for costs of suit 8. Provided this Act extend not to any writ of Error to be brought by any Executor or Administrator nor any action Popular nor to any other action which is or shall be brought upon any penal law or statute except actions of debt for not setting forth of Tythes Nor to any Indictment presentment Inquisition Information or Appeal 9. This Act to continue in force for three years and to the end of the next session of Parliament after the said three years and no longer 10. In all Actions personal real or mixt the death of either party between the Verdict and Judgement shall not be alledged for error so as such Judgement be entred within two terms after such Verdict 11. This Act to continue for the space of five years and from thence to the end of the next Sessions of Parliament 12. Judgement shall or may be given in any Suit or Writ or Writs of Error in the Exchequer in the preseuce of the Lord Keeper notwithstanding the vacancy of a Lord Treasurer in such manner as hath been accustomed where there was present both the Chancellor and the Lord Treasurer Excommengement 1. EVery Writ de
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
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
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