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A39612 Statuta vetera & recentiora a methodical collection & abridgement of the statutes that relate to the knowledge and practice of the common-law / by D.F.; Laws, etc. England and Wales.; D. F. 1672 (1672) Wing F11; ESTC R32949 51,770 143

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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 ●e material as concerning any fault to be alledged therefore 2. Assises of Novel disseisin Mortdancestor Juris u●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 ma●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
STATUTA Vetera Recentiora A Methodical Collection Abridgement OF THE Statutes That relate to the Knowledge and Practice of the COMMON-LAW By D. F. LONDON Printed by Iohn Streater Eliz. Flesher and H. Twyford Assignes of Rich. Atkyns and Ed. Atkyns Esquires And are to be sold by G. Sawbridge J. Place J. Belliager W. Place T. Basset R. Pawlet C. Wilkinson T. Dring W. Jacob C. Harper J. Leigh J. Amery J. Poole Booksellers in Fleetstreet and Holborne A. D. 1672. Cum Gratia Privilegio Regiae Majestatis Preface AS General Abridgements of the Statutes of this Realm have hitherto been and will alwayes continue to be of great use so now since they are become so voluminous there seems to be a like usefulness if not a necessity of particular Abridgements to direct those whose Study and Employment is more especially conversant in some peculiar practice of the Law Some Collections of this Nature are already published One concerning the Office of a Iustice of Peace under the Title of Statuta Pacis which comprehends a great part of the Crown Law Others relating to the Kings Revenue as that of the Customes of the Excise another of the Hearth money all of great benefit in their several kinds But those statutes that immediately relate to the General Practice of the Common Law and the Courts wherein the same is used have not hitherto been collected apart and are in a manner left as the choice fruit upon the upper Branches not to be seen for the Clusters that hang below This Book therefore is designed for those Statutes wherein as there is no repetition of what hath been in any former particular Abridgements so neither is there any notice taken of the Multitude of those other Statutes some whereof refer to a part of the Realm only as those of older time w ch concern the uniting of Wales and fixing jurisdictions there and the like in Counties Palatine and of later for the drayning of the Fenns which extend but to some Countryes others are restrayned to peculiar Jurisdictions as those of the Sewers of Charitable uses Regulation of Corporations c. others which though more general respect only the Policy of the Realm in preserving its Religion Strength Trade Riches and Beauty such are the statutes that concern the Divine Service and Sacraments Anniversary Feasts and Fasts upon special Occasions the Militia Revenue Navigation Fishing Tymber Drapery and several other Manufactures rebuilding of London and many more of that kind All which though of Publique Advantage yet not having a direct Aspect upon private rights and possessions are forreign to the present design and most proper for general Abridgments in which they are to be had This being intended chiefly for the benefit of practisers and students of the Common Law that in their practice and reading they might have a ready recourse to those statutes which particularly relate thereunto It was not thought convenient to go beyond the time of Edward the 3. since when the practice of the Law has been most uniforme because most of the Old statutes as Magna Charta Merton Marlebridge West 1. 2. 3. and the rest till this time are generally but declaratory and affirmative of the Common law as my Lord Cook has observed and may now by their Antiquity and uninterrupted usage be said to be incorporated into the body of the Common Law with which this treatise medleth not The other parts of those Antient Statutes referring generally to such proceedings as now are wholly out of use and therefore not proper to be inserted such are those many Chapters that concern pleadings and other proceedings in real Actions now out of use and are already in print by the name of Magna Charta and other antient Statutes in a little volume by themselves Here therefore such only are culled out as referr to the Law as 't is now used and practised wherein such Care has been taken that nothing Material is omitted so that though it le not directly but Collaterally within the design of this Treatise they are here mentioned as the statute of Hue and Crye because many Actions are brought thereupon and those of Bankrupts being of general and dayly use c. But such statutes as have abrogated or rescinded what formerly hath been in use by the dissolution of Courts alteration of tenures Abridgment of Michaelmas Term and the like are here omitted It were to be wished that the statutes as they are here set down in Order of time in the first Table were printed at large in a volume together by themselves because of that general Objection to Abridgments that they are not of unquestionable Authority and it would be of further benefit to students if enterleaved because many of the Cases and Reports that are Extant are aptly referrable thereunto which if collected with Diligence and Iudgment would be an Excellent Comment on the same However these Tables and Abridgment are of extraordinary use for as the first Table shews what Statutes were made in every particular Kings Raign so the other furnisheth you with the common and known heads and Titles of the Com̄on Law whereto every statute referreth where at one view you may see what several statutes in several Kings Reigns have been made concerning such a Branch head or Title of the Common Law such as is used by Practisers and Students in their Common Place Books And since there is a great diversity in the Methodising of those heads as that of Fitzherbert Brook Rastal Ash and of late one more accurate by Serjeant Roles The Reader may be pleased to take notice that what he finds here is digested as nearly as could be according to the last First Table Edward 3. An̄o Reg. Cap.   4. 7. EXecutors 25. 5. Executors 31. 11. Administrators Executors 36. 15. Pleading Ric. 2. 9. 3. Attaint Error 13. 17. Resceipt 15. 3. Admiraltie vide Court Henr. 4. 2. 7. Nonsuit 2. 11. Admiraltie vide Court 4. 8. Atturney   13. Judgment 5. 8. Ley gager Henr. 5. 1. 5. Additions vide Briefe 2. 2. Corpus cum causa vide Habeas Corpus   3. Libell 9. 4. Amendment Henr. 6. 4. 3. Amendment 8. 12. Amendment   15. Amendment 10. 4. Apparance vide Default 23. 10. Sheriff vide Obligation Ric. 3. 1. 7. Fines Henr. 7. 3. 7. Damages and Costs 4. 20. Actions popular   24. Fines 11. 20. Discontinuance vide Continuance 19. 9. Error   20. Damages and Costs Henr. 8. 7. 3. Avowrie 21. 4. Executor   5. Probate of Wills vide Executors   13. Residence   15. Recoveries   19. Avowries 23. 3. Attai●   6. Recognisance   9. Citation   15. Damages and Costs 24. 8. Costs 27. 10. Uses and Wills   16. Inrolment 28. 13. Residence 31. 1. Partition 32. 1. Wills vide Executors   2. Limitations   5. Execution   9. Maintenance   28. Leases vide Powers   30. Repleader   32. Partition   33. Entre congeable   34.
only to such Statutes as be for the payment of money and to such extents as shall be within 20 years after the Statute Recognizance or Judgement had 9. This Act to continue for three years and from thence to the end of the next session of Parliament and no longer 10. Where any Judgement after a Verdict shall be had by or in the name of any Executors or Administrators in such case an Administrator de bonis non may sue forth a scire fac ’ and take Execution upon such Judgement 11. This Act to continue for the space of five years and from thence to the next sessions of Parliament Executor THe Ordinarys shall depute the next and most lawful friends of the intestate to administer the goods which deputies shall have the benefit and incurr the charge of an Executor and shall also be accountable to the Ordinaries as Executors 2. Administration of intestates goods shall be granted to the widdow or next of kin to the intestate or both as the ordinary shall think fit 3. The Ordinary or other person enabled to make distribution of the surplusage of the Estate of the Intestate shall distribute one third to the wife and all the residue equally amongst the children and such persons as legally represent his Children in case any of them be dead other than such child or children not being heire at Law who shall have any Estate by the Settlement of the intestate or shall be advanced by the intestate in his life time by portion or portions equal to the share that shall by such distributions be allotted to the other children to whom such distribution is to be made and in case any child other than the heire at Law who shall have any Estate by Settlement from the said intestate or shall be advanced in his life time by the intestate by portion not equal to the share which will be due to the other children by such distribution as aforesaid then so much of the Surplusage of the Estate of the Intestate to be distributed to such child or children as shall have any such Land or Settlement from the Intestate or were advanced in his life time as shall make the Estate of all the said children to be equal as near as can be estimated But the heire at Law notwithstanding any Land that he shall have by descent or otherwise from the Intestate is to have an equal share in the distribution with the rest of the children without any consideration of the value of the Land which he hath by descent or otherwise from the Intestate 4. And in case there be no children nor any legal representatives of them then one moyetie of the said Estate to be allotted to the wife of the intestate the residue of the said Estate to be distributed equally to every of the next of kindred of the Intestate who are in equal degree and those who legally represent them 5. Provided that there be no representatives amongst collaterals after Brother and Sisters children and in case there be no wife then the Estate to be equally distributed to and amongst the Children and in case there be no Children then to the next of kindred in equall degree of or unto the Intestate and their Legal Representatives and in no other manner whatsoever 6. No such distribution shall be made till after one year after the Intestates death and every one to whom any Share shall be allotted shall give bond with Sureties in the said Courts to secure the Administrator pro rata if any debts be afterwards recovered 7. This Act to continue for 7 years and from thence to the next Session of Parliament 8. Executors shall have an action for a trespass done to their Testator as for his goods and Chattells carried away in his Life and shall recover their dammage in like manner as he whose Executors they are should have done if he had lived 9. Executors of Executors shall have actions of debt account and of goods carried away of the first testators and Execution of Statute Merchants and recognisances made unto him and shall also answer to others so far forth as they shall recover of the first testators goods as the first Executors should have done 10. That part of the Executors which take upon them the charge of a will may sell any land devised by the Testator to be sold albeit the other part which refuse will not joyne with them 11. If any person shall obtain any goods or debts of an intestate or releases or other discharge of any debt or duty which belonged to the intestate by fraud or by procuring the Administration to be granted to a stranger of mean estate and not to be found with intent thereby to obtain the intestates estate and not upon valuable consideration or in satisfaction of some just debt answerable to the value of the goods so obtained in such case such person shall be chargeable as Executor of his own wrong so far as the value of the goods or debts so obtained shall amount unto Howbeit he shall also be allowed such reasonable deductions as other Executors or Administrators ought to have Fines 1. AFine shall after the ingrossing thereof be openly read and proclaimed in the common pleas the same term and there the three next terms after upon four several days and in the mean time all pleas shall cease 2. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year and then also all pleas shall cease 3. An other transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year And both the Justices of Assize and Peace shall make Certificate of such proclamation made the second return of the term then next following 4. A fine so proclaimed and certified shall conclude all persons both privy and Strangers Except women covert other than such women as the parties to the fine persons under age in prison out of the realm or out of sound mind if they pursue not their right title claime interest by way of action or lawful entry within 5 years after the proclamations so made and certified as aforesaid 5. The right of Strangers which happens to come unto them after the fine is engrossed is saved so that they pursue their right or title within 5 years aster it so comes to them and here an action against the pernor of the profits is maintainable 6. If the parties to whom such right or title comes be covert under age in prison out of the Land or of non sane memory they or their heirs have time to pursue their right or title within 5 years after such imperfections removed so also have they in case they had right of title at the time of the fine levied 7. Fines at
present Session of Parliament and for any title or cause hereafter accruing within 20 years after such title or cause so accruing otherwise such title shall be for ever barred and the party claiming utterly excluded from entry 10. None now having any right or title of entry into any Mannors Lands Tenements or Hereditaments now held from him or them shall thereinto enter but within 20 years next after the end of this Session of Parliament or within 20 years next after any other title accrued And none shall at any time hereafter make any entrie into Lands Tenements or Hereditaments but within 20 years next after his or their right or title which shall hereafter first descend or accrue to the same 11. The titles of any Infant Femme covert non compos mentis one imprison'd or beyond sea are saved so as they commence their suit within 10 years after such imperfections removed 12. All actions upon the case other then for Slander actions for accompt other then such as concern Merchandise Actions of Trespasse debt detinue Trover and Replevin shall be commenced within 3 years after this present Session of Parliament or within 6 years after the cause of suit and not after 13. All actions of Trespass of assault Battery wounding and imprisonment shall be commenced within one year after this Sessions or within 4 years after the cause of suit and not after 14. All actions upon the case for words shall be commenced within one year after this present Session or within 2 years after the words spoken and not after 15. Provided that if in any such actions Judgment be given for the plaint ’ and the same be reversed by Error or a Verdict pass for him and upon motion in arrest of Judgment it is given against him or if the defend ’ be outlawed in the suit and after reverse the Outlawry in these cases the plaint ’ his Heires Executors or Administrators may commence a new action within a year after such Judgment reversed or given against the plaint ’ or outlawry so reversed and not after 16. The right of action in the cases abovesaid is saved to an Infant Femme covert non compos mentis a person imprison'd or beyond sea as they commence their suit within the times above limited respectively after their imperfections removed Maintenance 1. NOne shall buy any pretended right or title to any land unless the Seller hath taken the profits thereof one whole year before such bargain in pain that both the buyer and seller shall each of them forfeit the value of the same Land to be divided betwixt the King and the Prosecutor 2. None shall unlawfully maintain any suit or action retain any person for maintenance imbrace Jurors or suborn witnesses to the hindrance of Justice or the procurement of perjury in pain to forfeit for every such offence 10 l. to be divided betwixt the King and the prosecutor 3. Howbeit purchasing of a pretended title by him that is already lawfully possessed of the thing whereunto title is made is lawful 4. Proclamations shall be made at the Assises of the Statutes made against Maintenance Champertie Embracery and unlawful Retainers 5. The Offenders against this Act shall be porsecuted within one year Market Fair. 1. EVery Seller or Exchanger of a Horse in a Fair or Market which being unknown to the Toll taker or Book-keeper doth not procure one credible person that is well known unto him to vouch the sale of the same horse Also every false voucher and the Toll-taker or Book-keeper that suffers such sale or exchange to pass shall forfeit 5 l. to be divided betwixt the Queen and the prosecutor And besides the sale of such horse shall be void 2. The names of the Buyer Seller and voucher and the price of the horse shall be enter'd in the Toll-book and a note thereof deliver'd to the Buyer under the Toll-takers or Book-keepers hand for which the Buyer shall pay 2 d. 3. Notwithstanding such sale and voucher as aforesaid the right owner or his Executors may redeem a stolne horse if they claim him within 6 moneths after the stealing at the parish or Corporation where he shall find him and make proof by 2 sufficient witnesses before the next Justice of peace in the Country or before the head officer of a Corporation that the horse was his and repay to the Buyer such price for the horse as the same buyer shall upon his own oath before such Justice or officer testifie to have paid for him Nonsuit 1. WHere before Justices of Assise the parties are adjourned for some difficultie in Law upon the matter found in this case the plaint ’ shall not be nonsuited albeit the verdict pass against him 2. Unless the plaint ’ named in any writ Bill or process in B. R. or C. B. shall put into the Court a declaration against the persons arrested in some personal action or Ejectione firmae of Lands or tenements before the end of the term next sollowing after Appearence then a Nonsuit for want of a Declaration may be entred against the plaint ’ in the said Courts respectively Obligation SHeriffes and other officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4 d. and bonds otherwise taken colore officii shall be void Office 1. NOne shall bargain or sell any Office or Deputation or any part thereof or receive or take any money fee reward or other profit directly or indirectly or any promise agreement bond or assurance to receive any such profit for the same which office shall concern the administration or execution of Justice or the receipt controlment or payment of any of the Kings money or revenue or any Accompt Aulnage Auditorship or surveying of any of the Kings Lands or any of his customes or any administration or attendance in any Custome-house or the keeping of any of the Kings Towns Castles or Fortresses being places of strength or defence or any Clerkship in any Court of Record in pain that the Bargainee thereof shall lose his place and the Bargainor be adjudged disable to execute the same and every such bargain and agreement shall be void 2. Provided that this Act shall not extend to any office or Inheritance or for the Keeping of a Park House Mannor Garden Chace or Forest nor to the two Chief Justices or Justices of Assize but that they may grant offices as they did before the making of this Act Also all acts done by an Officer removeable by force of this statute shall be good in law until he be removed 3. An action brought against a Justice of Peace Maior or Bailiffe of a Corporation Headborough Portreeve Constable Tithingman or Collector of Subsidies or fifteens for any thing done by reason of their several offices both they and all their assistants may plead the general issue and yet give the special matter in evidence 4.
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