which may barre the attaint but notwithstanding such plea the grand Jury shall neverthelesse enquire whether the first Jury gave a true verdict or no. 9. If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided between the King and the Plaint ’ and incurr several fines at the Discretion of the Justices and be ever after disabled to give testimony in any court 10. If the Defendants plea in barr be found against him the Plaint ’ shall have Judgment to be restored to what he lost with his reasonable costs and damages 11. Outlawry or Excommunication shall be no plea against the Plaint ’ in attaint and in the aforesaid process such day shall be given as in Dower but no Essine or protection allowed 12. If the Grand Jury appear not so that the petty Juryes verdict remain untried the defalters shall upon the first distress forfeit 20 s. upon the 2 d. 40 s. and upon every distress after 5 l. the like penalty is also to be inflicted upon the Tales 13. The attaint is maintainable as long as any two of the the petty Jury are alive 14. An attaint shall also lye for a personal thing under the value of 40 l. in manner aforesaid save only in such case the Grand Juror is to have lands worth 5 markes per annum out of auntient demesne or to be worth a hundred markes in goods and the forefeiture of each Juror shall be but 5 l. 15. For want of sufficient Iurors in one County a Tales shall be awarded into another County at the Discretion of the Iustices 16. An attaint shall also lye for him in Reversion or Remainder and also if in attaint the Plaint ’ be nonsuit or discontinue his suit he shall be fined at the discretion of the Iustices 17. All Attaints shall hereafter be taken at the Kings Bench or common pleas and not elsewhere and Nisi prius shall be granted upon the distress at the discretion of the Iustices also any of the petty Iury may appear and answer by atturney 18. As concerning the forfeitures the several moyties shall be recovered by the King and parties respectively by Ca Sa or si fa or Elegit or action of debt against each of the Petty Jury their Executors or Administrators having sufficient goods of the Testators not administred 19. Judgement and Execution of Restitution to the Plaint ’ and of discharge of Restitution to the tenant or Defend ’ shall be given and had as in case of a grand Attaint hath been used 20. The nonsuit or release shall not prejudice his companions 21. In every writ of Attaint after the test these words shall be inserted per Statutum continuatum usque annum 23 H. 8. Dei gratiâ c. Atturney 1. ALL Atturneys shall be examin'd by the Iustices and by their discretion put into the Roll. 2. Those that are by them approved shall swear truly to serve in their offices and to make no suit in a foreign county An insufficient Atturney shall be put out by the like discretion of the Iustices and their Masters or Clients shall have notice thereof lest they be prejudic'd thereby 3. As any dye or cease the Iustices shall appoint others being vertuous learned sworn as aforesaid 4. If an Atturney be found notoriously in fault he shall forbear the Court and be never admitted into any other Court 5. The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion 6. If any shall be sued upon any penal Law in the Kings Bench common pleas or Exchequer where such person is baylable by law or may appear by Atturney the person so sued shall at the day contained in the first process appear by Atturney to defend the same and shall not be urged to personal appearance or to put in bayle to answer the same 7. The said clause of 29 El. shall onely extend to natural born subjects or free Denizens Avowry 1. REcoverers of Lands Tenements and Advowsons their heires and assignes may distrain for rents services and customes due and unpayd and make avowry and Justifie the same and have like remedy for recovering them as the Recoverers might have had or done albeit the said recoverers were never seised thereof and shall also have a Quare impedit for an advowson if upon avoydance any disturbance be made by a stranger as the recoverers might have had albeit they were never seised thereof by presentation 2. Here every Avowant in any Replegiare or second deliverance if their avowry conusans or Justification be found for them or the Plaint ’ be otherwise barred shall recover his damages and costs 3. Termer for years may falsifie a faigned recovery had against him in the reversion and shall retain and enjoy his terme against the Recoverer his heires and assignes according to his Lease 4. Also the Recoverer shall have like remedy against the termer his Executors and Assignes by Avowry or action of Debt for rents and services reserved upon such lease and due after such recovery and also like action for wast done after such recovery as the lessor might have had if such recovery had never been 5. No Stat ’ of staple merchant or Execution by Elegit shall be avoyded by such feigned recoveries but such ten’ts shall have like remedy to falsifie such recoveries as is here provided for the Lessee for years 6. Upon a Replevin an Avowry may be made by the Lord or Conusee and Iustification by his Baylife or servant upon the Land holden of the said Lord without naming any person certain to be tenant thereof the like law is also upon every writ sued of second deliverance 7. In any Replegiare or second deliverance for rents services customs or damage feasant if the Avowry Conusance or Iustification be found for the Defendant or the Plaint ’ be nonsuit or otherwise barred the Desend ’ shall recover such Damages and costs as the Plaint ’ should have had if he had recovered 8. Both parties shall in such Writs have like pleas aid prayers Ioynders in aid as at the common Law notwithstanding this act pleas of disclaimer onely excepted Baile 1. NO person arrested upon any writ out of the Kings Bench or common pleas upon which he is lyable by the Stat ’ 23 H. 6. c. 10. shall be forced to give security or enter into bond with Sureties for his appearance at the day in such writ bill or processe specified in any sum above 40l unless the cause of action be expressed particularly and where such cause of action is not expressed all sheriffs and officers shall let to baile persons arrested upon 40l security for their appearance according to the Stat ’ 23 H. 6. 2. Upon appearance by Atturney in terme entered in court where the process is returnable the baile bond shall be satisfied and discharged and after such appearance no amerciaments shall be estreated
the common Law have the same force they had before and a fine may be levied according to this Statute or the common law at the Election of the parties 8. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the 3 next four several days in every Term and in the mean time all pleas shall cease 9. The Proclamations being so made the fine shall conclude all persons both privyes and strangers except persons under age covert out of the Realm or not of Sane memory being not parties nor privyes to the fine 10. The right and interest that any person or persons other than parties hath or have at the time of the fine engrossed is saved so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the proclamation so made so also is the right and interest saved which accrues after the ingrossing of the fine so that the parties having the same pursue it within 5 years after it so accrues and in this case the action may be brought against the pernor of the profits 11. If at the time of the fine ingrossed or of such accruer as aforesaid the persons be Covert and no parties to the fine under age in prison out of the Realm or of non sane memory they or their heirs have time to pursue their actions within 5 years after such imperfection removed 12. The exception that none of the parties nor any to their use had any thing in the lands at the time of the fine levied this way or at the common law at the pleasure of the parties 13. Fines at the Common Law have the same force they had before the making of this Act and a fine may be levied this way or at the Common Law at the pleasure of the parties 14. All Fines levied by any person or persons of full age of Lands intailed before the same Fine to themselves or to any of their Ancestors in Possession Reversion Remainder or Use shall immediatly after the Fine ingrossed and Proclamations made be a sufficient barre against them and their Heirs claiming only by such intail and against all other claiming only to their use or to the use of any heir of their bodies 15. Howbeit this Act shall not barre the interest of any persons accrued by reason of any Fine levied by a woman after her Husbands death contrary to the Statute of 11 H. 7. 20. 16. A Fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. 17. This Act shall not extend to any Fine heretofore levied of Lands now in suit or heretofore lawfully recovered in any Court by Judgement or otherwise Nor to any Fine of Lands intailed by the Kings Letters Patents or any Act of Parliament the reversion thereof at the time of such Fine levied being in the King Fraud 1. ALL fraudulent conveyances of Lands Tenements Hereditaments Goods or Chattels and all such Bonds Suits Judgements and Executions made to avoid the debt or duty of others shall as against the party only whose debt or duty is so endeavoured to be avoided their Heirs Successors Executors or Assigues be utterly void any pretence feigned consideration or c. notwithstanding 2. Every of the parties to such a fraudulent conveiance Bond Suit Judgement or Execution who being privy thereunto shall wittingly justifie the same to be done bona fide and upon good consideration or shall alien or assign any Lands Lease or Goods so to them conveyed as aforesaid shall forfeit one years value of the Lands Lease Rent Common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous Bond and being thereof convicted shall suffer half a years imprisonment without bail and here the said forfeitures are to be divided betwixt the Queen and the party grieved 3. Common Recoveries against the tenant of the freehold shall be good notwithstanding this Act and so shall all Estates made for procuring of a voucher in Formedon Neither shall this Act extend to grants made bona fide and upon good consideration to persons not privy to such collusions 4. Every Conveyance Grant Charge Incumbrance and Limitation of use or uses of in or out of any Lands or other Hereditaments made to defraud any purchaser of the same in fee or taile for life or years shall as against such purchaser only and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration 5. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bona fide and on good consideration to the disturbance and hinderance of the purchasor or of any other lawfully claiming from by or under him shall forfeit one years value of the Lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail 6. Conveyances made upon good consideration and bâ—na fide shall be good notwiâ—hstanding this Act. 7. If Lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the Vendee and all others lawfully claiming from by or under him Howbeit no lawful Mortgage made bona side without fraud shall be impeached by his Act. 8. All Statutes Merchant and of the Staple shall within six months after this acknowledgement be entred in the Office of the Clerk of Recognizances taken according to the Statute of 23 H. 8. 6. and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more 9. Every such Statute which is not within four months after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the Lands chargeable therewith and against his Heirs Successors Executors and Assignes 10. The said Clerk shall within the said six months make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be devided betwixt the Queen and the prosecutor 11. The Clerk shall take for the search of a Statute but 2 d. for every such search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by Action of debt c. 12. Provided that this Act shall not extend to
Here if the verdict pass for the defendant or the plaint ’ be nonsuit or discontinue his suit the defendant shall be allowed double costs to be recover'd as costs in other cases given to the defend ’ use to be recover'd 5. The Statute of 7 Jac. 5. is confirmed and Church-wardens Sworn-men and overseers of the poor together with their assistants are to be comprehended within the purview of the same Statute 6. An action brought against any the said officers their deputies or assistants shall be layed in the County where the fact was committed and not elsewhere 7. The unnecessary charges and tedious attendance in passing the accounts of Sheriffs being very burthensome it is enacted that Sheriffs shall not keep tables of receipt for any more then their own family or retinue nor shall send any presents to any Judge of Assise nor give any gratuity to any officer nor have more then 40 men-servants nor under 20 in any County in England nor under 12 in Wales upon forfeiture of 100 l. for every such default Proviso this clause not to extend to the Sheriffs of London or Middlesexs nor Westmerland or any Sheriff of a City and County or Town and County 8. Sheriffes in England shall not be charged to answer any illeviable Seisure Farme Rent Debt or other thing whatsoever which was not writ or process to them to be levied and the persons Lands and tenements of which the same is leviable particularly expressed but shall be discharged without petition plea or other trouble or charge whatsoever 9. All seisures made before the 1 Jac R. 1. and yet remaining upon the Sheriffs accompts and all seisures and debts pardoned are discharged and to be left out of their accounts and no process to issue for levying the same nor any other Rent or farme not particularly set forth or which hath been unanswered for 40 years past and all other dead farmes and seisures and all desperate illeviable and unintelligible debts shall be removed out of the Annual Roll and Sheriffs charge in the exannual Roll there to remain until revived by Commission 10. The several Remembrancers shall enroll and certifie the Engrosser of the great Roll all debts chargeable upon Sheriffs by their returns into the Exchequer upon writs of fi fac levari fac capias and other process and all fines and amerciaments already set before the first day of February 1662. and all debts fines and Amerciaments hereafter set before the next term after returns of such fines and amerciaments set that so they may be charged and comprehended within Quietus est upon pain of 40 l. upon the officer for every default the one moytie to the King the other to the party grieved 11. And none shall be Sheriff unless he have lands in the same County sufficient to answer the King and his people 12. Every Sheriff having obtained a quietus est as by the act 21 Jac. c. 5. he might the Sheriff his heires Executors Lands and tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgment given within 4 years after the same and every Officer by whose default process shall be sent contrary to this act shall incurr the same penalty aforesaid 13. This act not to extend to the Counties of Chester Lancaster and Durham or the Counties of Wales being Counties palatine as to the manner of their accompting who are to accompt before the respective Auditors as aforesaid 14. Not to extend to enjoyne the Remembrancer to transcribe to the engrosser of the great roll any inquisitions or seisures but such as have been formerly charged in the foreigne accompts of Sheriffs but Inquisitions upon Attainder and other forfeitures to be put in charge as formerly 15. Not to exclude his Majesties Remembrancer from writing forth process for his majesties Debts duties outlawries or other charge or process of Leva fa. at any persons suit to levy issues of Lands seised or venditioni exponas for goods for any debt to the King or upon outlawry or to alter any pleading touching the same 16. That no debt duty fine or Amerciament or seisure charged in the great Roll of the pipe by any record of the Kings Remembrancer nor any proceedings thereupon be stayed compounded or discharged by order of any Judgment entred in the said office of the Kings Remembrancer where the Original of such debt or charge remaines 17. If any debts seisures fines or other be not levied and payd upon process of Summons of the pipe the Clerke of the pipe shall the next term after return of such process certifie the office of the Kings Remembrancer who shall issue process for levying the same 18. Auntient and lawful fees belonging to the Kings Remembrancer not abridged by this act 19 The act to continue to the end of the first Sessions of the next Parliament and no longer Partition 1. IOyntenants and tenants in common of any inheritance in their own right or in right of their wifes in any mannors Lands tenements or hereditaments may be compelled to make partition by writ de partitione facienda as coparceners are compellable to do and this writ shall be pursued at the common law 2. That after such partition made they shall have Aid of one another and of their heires to dereigne warranty and to recover pro rata as coparceners use to doe 3. Ioyntenants and Tenants in common that have inheritance or freehold in any mannors Lands tenements or hereditaments shall be also compellable to make partition by the said writ to be pursued upon their case howbeit such partition shall not be prejudicial to any but the parties to such partition their heires and Assignes Pleading 1. ALL pleas which shall be pleaded in any Court whatsoever within the Realm shall be pleaded shewed depended answered debated and judged in the English tongue and entred and enrolled in the Latin Howbeit the Laws and Customes of the Realm as also the Terms and process shall be holden and kept as before this time hath been used 2. And Exemplification of the inrollment of the Letters patents by H. 8. E. 6. Q. M. P. and M. Q. El. or any of them since the 4 th of Februrary in the 27 H. 8. or hereafter to be granted by the Queen her Heires or Successors shall be of as good force to be pleaded or shewed in behalfe of the Patentees their heires Executors and assignes and every of them and every other person or persons having any Estate from by or under them or any of them as well against the Queen her heires and Successors and all other persons whatsoever as if the Letters patents themselves were produced Policies of assurance 1. THe Lord Chancellor or Lord Keeper shall award a standing commission to be yearly renued or as often as to him shall seem meet for the hearing and determining of all such causes arising and policices of Assurance as shall
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
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
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