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
of souls shall corruptly resigne or exchange the same or shall corruptly take for resigning or exchanging the same directly or indirectly any benefit whatsoever both the giver and the taker thereof shall lose the double value of the benefit so had to be divided between the Queen and the prosecutor 10. Penalties inflicted by the Ecclesiastical Law are not taken away by this statute 11. If any person shall directly or indirectly take any reward or other profit or assurance thereof lawful fees only excepted to make a Minister or to give licence to preach he shall forfeit 20 l. and the party so made a minister 10 l. and if the party so made a minister be instituted inducted or installed into any benefice within 7 years after such Induction c. shall be void and the party having the gift thereof may present or collate as if he were dead 12. The forfeitures of this act shall be divided between the Queen and prosecutor Spiritual persons Residence 1. NO spiritual person shall take to farme to himself or any other for his use any lands or other hereditaments for life year or at will in pain to forfeit 10 l. for every moneth he so continues the same to be divided betwixt the King and the Prosecutor 2. This Act shall not extend to any spiritual person for taking to farme any temporalties during the time of vacation of any Archbishopricks Bishopricks Abbeys Priories or Collegiate Cathedral or Conventual Churchs nor to any such person who shall render or make traverse upon any office concerning his Freehold 3. No spiritual person shall by himself or any other for his use buy to sell again any cattel victual or Merchandise whatsoever in pain to forfeit treble the value thereof to be divided betwixt the King and the Prosecutor and every such bargain shall be void 4. Howbeit a spiritual person may buy Horses Mares Cattle or other goods for his necessary use and employment and in case they happen not to fit for his turn may sell them again so as this be done without fraud or covin 5. Also Abbots Priors Abbesses Prioresses Provosts Presidents and Masters of Colledges and Hospitals and all other spiritual Governours and Governesses of any houses of Religion Lands of the yearly value of 800 Marks or under may use and occupy so much thereof for the maintenance of their houses as they or any of their Predecessors have done within 100 years last past notwithstanding this Act. 6. Likewise Spiritual Persons not having sufficient Glebe or demesne Lands in right of their Churches or houses may notwithstanding this Act for the only expences of their Houses and for their Carriages and Journeys take in farm other Lands and buy and sell Corn and Cattel for the only manurance and pasturage of such Farms so as if it be done for such purposes only without fraud or covin 7. If any person having a Benefice with cure of Souls of the yearly value of 8 l. or above accept another with cure of souls and he be instituted and inducted in possession of the same immediately upon such possession thereof the first benefice shall be adjudged void and then it shall be lawful for the Patron thereof to Present another as if the incumbent had died or resigned any License Union or other Dispensation to the contrary notwithstanding 8. Every License Union or other Dispensation obtained contrary to this Act shall be void and none shall obtain from Rome or elsewhere any License Union or Toleration to receive any Benefice with Cure in pain of 20 l. to be divided between the King and Prosecutor 9. Provided that every spiritual person of the Kings Councel may purchase License or dispensation to keep three Benefices with cure and the Chaplains of the King Queen Kings Children Brethren Sisters Uncles or Aunts may so keep each of them two 10. Also an Archbishop and Duke may have each of them six Chaplains a Marquess and Earl five a Vicount and other Bishop four the Chancellor Baron and every Knight of the Garter three every Dutchess Marchioness Countess and Baroness being Widows two the Comptroller and Treasurer of the Kings houshold the Kings Secretary and Dean of his Chappel the Kings Almoner and Master of the Rolls each of them two and the chief Justice of the Kings Bench and Warden of the Cinque Ports each of them one And each of the said Chaplains may purchase a Licence or Dispensation to keep two Benefices 11. Likewise the Brothers and Sons of temporal Lords born in Wedlock may purchase such License or Dispensation to keep as many Benefices with cure as the Chaplains of a Duke or Arch-Bishop and the Brethren and Sons of a Knight born in Wedlock may keep two 12. Provided that the aforesaid Chaplain shall exhibit where need shall be Letters under the Sign or Seal of the King or other their Lord and Master testifying whose Chaplain they be or else not to enjoy such Plurality of Benefices 13. Also Doctors and Bachellors of Divinity Doctors of Law and Bachellors of Law Canon admitted to their degrees by any of the Universities of this Realm and not by grace only may purchase such License to keep two Benefices with cure 14. And because Arch-Bishops must use at the consecration of Bishops eight Chaplains and Bishops at giving of Orders and consecration of Churches six every of them may have two Chaplains above the number limited 15. Every spiritual person that is advanced by colour of this Act to keep more Benefices with cure than is above limited shall incurr the penalty above provided by this Act. 16. Every spiritual person promoted to any Arch-deaconary Deanary or dignity in a Monastery or Cathedral Church or other Church Conventual or Collegiate or being beneficed with any Parsonage or Vicarage shall be personally resident and abiding upon his said Dignity Prebend or Benefice or at one of them at least in pain to forfeit for not being resident by the space of a month together or of 2 months to be accounted at several times in one year 10 l. to be divided betwixt the King and the Prosecutor 17. None shall obtain from Rome or elswhere any Licence or dispensation for non-residence in pain of 20 l. to be forfeited as aforesaid 18. Howbeit this Act shall not extend to any Spiritual person in the Kings service beyond Sea or upon any Pilgrimage beyond Sea during the time that he shall be in the Kings Service or upon the said Pilgrimage nor to any Scholar abiding for study without fraud at any University within this Realm nor to any of the King or Queens Chaplains in ordinary neither yet to any of the abovesaid Chaplains which shall daily attend upon their Lord or Masters housholds so long as they so attend without fraud nor to the Master of the Rolls or Dean of the Arches the Chancellor or Commissary of any Arch-Bishop or Bishops the 12 Masters of Chancery or 12 Advocates of the Arches being clergy
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
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
make good any purchase made void by reason of any former conveyance so as the party so making void the same his Heirs or Assignes were the first day of this Parliament in actual possession of the Lands out of which any such Purchase Lease Charge or Profit was made Habeas Corpus 1. IF a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an Execution at another mans suit he shall be remanded 2. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered to the Judge or Officer of the Court before the Jury appear and one of them be sworn 3. No Writ to remove a suit commenced in an inferior Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joined so as such issue or demurrer be not joined within six weeks after the Arrest or Appearance of the defendants 4. An Action or Suit once remanded shall never afterwards be again removed 5. When the thing in demand exceedeth not 5 l. the suit shall not be removed by any writ save only by Writs of Error or Attaint 6. This Act shall only extend to Courts of Record where an Utter Barrester of three years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Councel in any action there depending 7. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Hue and Cry 1. THe Hundred where fresh suit shall cease shall answer half the damages to the Hundred where in the felony shall be committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit 2. When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1 Qu. dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular Inhabitans and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them 3. No Hundred shall be chargeable when any of the Malesactors shall be apprehended or when the Action is not prosecuted within one year after the robbery committed 4. No Hue and Cry shall be deemed legal unless the pursuit be both by Horse and Foot 5. No person robbed shall maintain an Action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within 20 dayes before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the Robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to Law Inrollment 1. BArgains and Sales to an use of Inheritance of Freehold must be by deed indented and inrolled within six months after the date thereof in some Court of Record at Westminster or in the County where the Land lieth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the Land is not worth 40 s. per an is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in Parchment and to deliver them unto the Custos Rotulorum within one year after 2. This Act shall not extend to Lands Tenements or Hereditaments in Corporations where an Officer or Officers there have lawfully used to inroll Deeds or other Writings Iustices NO Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices there commanded not to suffer it Iudgment IUdgments given shall continue and the parties for whom they are so given and their heires shall be in Peace until they shall be attaint or Error if any be Ley gager IN actions of Debt upon the arrearages of an account feigning to the intent to put the defendants from their law that the same was found before their Apprentices or Servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the defendants to their law or to trie the same by enquest Libell A Copy of a Libell grantable in the Ecclesiastical Court shall be presently delivered upon the defendants appearance Limitation 1. SEisin in a writ of right shall be within 60 years before the Teste of the same writ 2. In a Mortdancester Cosinage Ayel writ of entry sur disseisin or any other possessory action upon the possession of his Auncestor or predecessor it shall be within 50 years before the Teste of the Original of any such writ 3. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the Original of the same writ 4. In an Avowry or Cosinage for rent suit or services of the seisin of his Auncestor Predecessoror his own or any other whose estate he pretends to have it shall be within 40 years before the making of such Avowry or Cognisance 5. Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued and not after 6. The party demandant Plaint ’ or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognizance prescription c. 7. Provided that in any of the said actions avowries prescriptions c. the parties grieved may have an Attaint upon a false verdict given 8. The Statute of 32 H. 8. c. 2. shall not extend to a writ of right of Advowson Quare Impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate But the time of the seisin to be alledged in such cases shall be as it was at the common law before the making of the said Statute 9. All writs of Formedon in Descender Remainder or Reverter for any title or cause now in esse shall be sued within 20 years next after this
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.
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
have in every point degree and condition against the Recognisors their heires executors and Administrators such processe Execution commodity and Advantage as hath been had upon an obligation of the statute of the Staple and shall also pay like fees for the same 6. Here the Recognisor so bounden or otherwise grieved by such an obligation shall have like remedy by Audita Querela and all other remedies in law as upon obligations of the Statute of the staple 7. Upon the sealing of the processe for the execution of every such obligation the King shall have a halfe-penny in the pound 8. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy upon an obligation of a statute of the staple 9. The Justices or the Major and Recorder's fee for taking such a recognisance is 3 s. 4 d. the clarks fees is as much and his fees for certifying such obligation is 20 d. and none of them shall take more in pain of 40 l. 10. From henceforth the Major or Constable of the staple shall take no Recognisance of the statute of the staple in pain of 40 l. except between Merchants being free of the same staples for Merchandise of the said staple between them lawfully bought and sold 11. The forfeitures abovesaid are to be divided betwixt the King and the Prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed Recoveries 1. A Termer for years may satisfie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assignes according to his Lease 2. Also the Recoverer shall have like remedy against the Termer his Executors or 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 waste done after such recovery as the Lessor might have had if such recovery had never been 3. No Statute of the Staple Statute Merchant or Execution by Elegit shall be avoided by such feigned recovery but such tenant shall also have like remedy to falsifie such Recoveries as is here provided for the Lessee for years 4. No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or voucher be had in any such feigned recovery or not but that after the death of every such Tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the Lands Tenements and Hereditaments so recover'd according to the form of the gift of tail the said Recovery notwithstanding 5. And here the Heirs of every such tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the voucher and his heirs 6. This Act shall not extend to prejudice the Lessee or Lessees of such tenant in tail made by writing indented of any Manors Lands c. for 21 years or 3 lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the said term or terms but the same Lessee or Lessees shall enjoy his or their term or terms according to the Statute of 32 H. 8. 28. this Act notwithstanding 7. All Recoveries had or prosecuted by agreement of the parties or by Covin against tenants by curtesie tenants in tail after possibility c. for term of life or lives or of Estates determinable upon life or lives or of any Lands or Tenements or Hereditaments whereof such particular tenant is so seised or against any other with voucher over of any such particular tenant or of any having right or title to any such particular Estate shall from henceforth as against the Reversioners or them in Remainder and against their Heirs and Successors be clearly void 8. This Act shall not prejudice any person that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Rents 1. THe Executors or Administrators of tenant in fee-simple in fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms upon whom any such rent or fee-farm was due and unpaid at the time of his death shall have an action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the Lands charged therewith so long as they continue in the seisin or possession of such tenant in demesne or of any other person proclaiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same Distress lawfully make avowry upon the matter aforesaid 2. This Act shall not extend to any Manor Lordship or Dominion in Wales or the Marches thereof where the inhabitants have used time out of mind to pay to every Lord or Owner of such Manors c. at their first entry into the same any summe or summes of Money for the discharge of all Duties Forfeitures and Penalties wherewith the Inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry 3. If any person hath in right of his wife any estate in fee-simple fee-tail or for term of life in any such Rents or fee-farms and the same happen to be due and unpaid in his wives life such Husband after the death of his wife his Executors and Administrators shall have an action of debt for the said arrerages against the tenant of the demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make avowry as he might have done if his wife were living The like power hath tenant pur autre vie for arrerages due and unpaid in the life time of cestuy que vie Repleader 1. IN all Actions after issue had there shall be Judgement given notwithstanding any mispleading lack of colour in sufficient pleading or Jeofail miscontinuance discontinuance misconveying of Process mis-joyning of Issue lack of Warrant of Attorney of the party against whom the issue shall be tried or any other default or negligence of any of the parties their Councellors or Attorneys 2. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful warrant of Attorney to be entred of Record for every Action or Suit wherein he
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
men so long as they execute their offices or places or to any spiritual person being compelled by the injunction of the Lord Chancellor or the Kings Council to daily appearance to answer the Law so long as he shall be so enjoyned 19. Also a Spiritual person being the Kings Chaplain may accept of the Kings gift any Benefices to what number soever without incurring the penalty of this act and also the King may licence his Chaplains for non-residence upon their benefices notwithstanding this act 20. No Spiritual person shall take in farme any Parsonage or Vicarage in pain to forfeit 40 s. for every week he or any other for his use so occupies the same and also ten-times the value of the profit or rent that he makes thereof both which forfeitures are to be divided between the King and prosecutor 21. Provided that no Deanary Arch-Denary Chancellorship Treasurership or Chantership or Prebend in any Cathedral or Collegiate-Church nor Parsonage that hath a Vicar endowed nor any Benefice perpetually appropriate shall be taken to be a Benefice with cure of Souls 22. No Spiritual person or any other for his use shall keep any Tun-house or Brew-house in pain to forfeit for every moneth so keeping the same 10 l. to be divided as aforesaid howbeit he may make a Brew-house for his own private use 23. Every Duchess Countess Marchioness or Baroness being widdowes shall retaine their priviledges concerning Chaplains notwithstanding intermarriages with other persons of lower degree 24. All Spiritual persons having possessions in right of their houses above the value of 800 markes may keep so much thereof as may be necessary for the maintenance of their houshold notwithstanding this act or may take a dwelling house with Orchards and Gardens for their dwelling so as by colour thereof they take not liberty to be non-resident 25. Every Spiritual person above the age of 40 years the Chancellor Vice-Chancellor Comessary Rulers of Colledges and Halls Doctors of the Chair and readers of Divinity in either of the Universities onely excepted shall be resident upon one of their Benefices according to the statute of 21 H. 8. 13. upon pain therein provided for non-residence 26. Also every Beneficed person under the age of 40 years abiding in either of the Universities shall not enjoy the priviledge of non-residence provided by the said Statute of 21 H. 8. 13. unless he be present at ordinary Lectures both in the House and Schools and in his proper person performe the Exercises according to the Statutes of the University where he so abides 27. This Statute shall not extend to any Reader of any Publick Lecture in Divinity Law Physick Philosophy or humanity or any of the literal Sciences nor to Interpreters or Teachers of the Hebrew Chaldee or Greek tongues in either of the Universities nor yet to any person who shall repair thither to proceed Doctor in Divinity Law Physick for the time of their proceedings there according to the Statutes of the said Universities Trial. 1. IN any action where the life or death of any person who hath remained beyond sea or hath absented himself by the space of 7 years shall come in question between the Lord or Reversioner or Tenant the said Reversioner or Lessor may take exception to any of the Jurors that his real Estate is held by lease or coppy for lives who upon proof shall be set aside as in other challenges 2. A Tales de circumstantibus may upon enquest for the King or Queen by any Authorised thereunto or Assigned by the Court or upon request by the prosecutor or his Atturney and by the command of the Justices of Assise or Nisi prius in a suit commenced upon a penal statute 3. In case the Plaint ’ or Defend ’ refuse or forbear to pray a Tales it shall be granted by the Justices of Assise in England and by those of Oyer and Terminer in Wales Chester Lancaster and Durham at the prayer of the Defend ’ or tenant and that as well in suits upon Penal laws as upon other tryals Vses 1. WHere any person or persons stand or are seised of any Honours Mannors Lands Tenements Rents Services Reversions Remainders or other hereditaments to the use confidence or trust of any other person or persons or of any body politik by reason of any bargain sale feoffment fine recovery covenant contract agreement will or otherwise in every such case every such person and persons and body politick having such use confidence and trust in fee-simple fee-taile for life or years or otherways or any use confidence or trust in Remainer or Reversion shall stand and be seised deemed and adjudged to be in lawfull seisure estate and possession of and in the Honours Castles c. with their Appurtenances of and in such like Estates as they have in use trust or confidence of or in the same and the estate right title and possession of such person or persons as are seised of any lands tenements or hereditaments to the use confidence or trust of any such person or persons or body politick shall be deemed and adjudged to be in him or them that have any such use confidence or trust of any such quality manner or form or condition as they had before in or to the use confidence or trust that was in them 2. When divers persons are so seised to the use confidence or trust of any of themselves they amongst them that have such use or trust shall likewise have the seisin Estate and possession in such quality manner and condition as they had the use or trust 3. Howbeit the right title c. of all other except the person so seised to any use or trust is saved and all former right title c. is also saved to them 4. Where any be seised to any use or intent that another shall have a yearly rent out of the same Lands Cestuy que use of the rent shall be deemed in the possession thereof of like estate as if he or she had the use and shall distrain for non-payment of the said rent and make Avowrys Conusances and Justifications and use all other remedyes therein as if the rent had been actualy granted to Cestuy que use Vtlagary 1. IN every action personal where an Exigent shall be awarded a writ of proclamation shall also be awarded and issue out of the same Court of the same teste and return with the Exigent and shall be delivered of record and directed to the Sheriff of the County where the Defend ’ at the time of the Exigent was dwelling and shall contain the effect of the same action 2. The Sheriff shall thereupon make 3 proclamations viz. one at a full County another at the Sessions and the last one moneth at least before quint. Exact by virtue of the Exigent at or near the Church or Chappel door of the Parish where the Defend ’ was dwelling at the time of awarding the Exigent