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
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
discontinuance or recoverie 2. Provided that the woman may enter after the husbands death But if the woman were sole the Recovery or discontinuance barreth her for ever 3. This act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Dismes 1. EVery person shall without fraud yield and pay all predial Tythes as hath been used or of right or custome they ought to have been paid 2. None shall take or carry away any Tythes payd or that ought to have been payd as aforesaid before he hath justly divided and set forth for the use thereof the 10 th part thereof or otherwayes agreed for the same tythes with the Parson Vicar or other owner or proprietor or farmer thereof in pain to forfeit the treble value of the tythes so carried away 2. At Tything time it shall be lawfull for the owner claiming such predial tythes his deputy or Servant to see his said tythes be truly set out and severed from the nine parts and the same quietly to take and carry away 3. If any person carry away his Corn Hay or other predial tythes before they be set out or willingly withdraw his tythes of the same or other things whereof the tythes ought to be paid or do let such owner to view take and carry away such tythes by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing or stopping shall pay the double value of the tythe so taken lost withdrawn or taken away before costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical laws 4. Tythe of Cattel feeding in a wast or common where the Parish is not known shall be payd by the owner of such Cattel in the Parish where he dwells 5. None shall be compelled to pay tythes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition real 5. Barren Heath and wast ground other then such as be discharged from tythe by Parliament which hath heretofore payd no tythes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of 7 years next after such improvement pay tithes or if they yield some small tythe before such improvement they shall only pay that same small tythe during the first 7 years but afterward shall pay the full tythe according to such improvement 6. Every person exercising Merchandice buying and selling or any other art or fuculty being such persons and in such places as heretofore have used to pay personal tythes within 40 years or of right ought to have payd them and not day Labourers shall yearly at or before Easter pay for his personal tythes the 10 th part of his clear gains reasonable charges and expences being deducted 7. Handycraft men having used to pay tythes within 40 years shall still pay them 8. The ordinary hath power to examine him that refuseth to pay his personal tythes by any lawfull meanes otherwise than by his own oath concering the payment of such tythes 9. Offerings shall be payd in the place where the party dwells at such 4 offering dayes as heretofore within the space of 4 years last past have been used for the payment thereof but in default thereof at Easter 10. Parishes that stand upon or towards the sea coast the commodities whereof consist much in fishing shall pay their tythes as they have done within 40 years and their offerings as aforesaid 11. This Act shall not extend to London or Canterbury or their Suburbs or to any other Town or place where the inhabitants have used to pay tythes by houses 12. Suites for substracting or withdrawing of tythes or other profits spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or Prohibition hanging to Excommunicate the party disobeying the sentence and if he stand Excommunicate 40 dayes to certifie the Excommunication after publication at the place or parish where such party dwells into Chancery and thereupon to require processe de excommunicato capiendo to be awarded against the person so Excommunicate 13. Before a prohibition shall be granted the party Plaint ’ shall bring a true coppy of the libell exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the party and thereunder shall be written the Suggestion whereupon the party demandeth such prohibition and the libell thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by 2 sufficient witnesses within 6 monthes next after such prohibition granted the other party shall upon request have consultation the double costs and damages awarded by the said court and may recover such costs and damages by action of debt 14 This act shall not give power to any Ecclesiastical Judge to hold plea of any matter against the meaning of the Statute of W. 2. c. 5. Articuli cleri circumspecte agatis Sylva caedua the treatise de regia prohibitione nor of 1 E. 3. 10. nor to any of them nor where the Kings court ought of right to have Iurisdiction 15. No tithes of marriage goods shall be paied in Wales or the marshes thereof Dower Iointure 1. WHere an estate is made in possession or use to husband and wife and his heires or the heires of their two bodies or to them for their lives or for the wives life for her Iointure in any of these cases she shall not have dower Howbeit upon a lawfull eviction of that Iointure she shall be endowed according to the rate of the husbands land whereof she was dowable 2. Such a Iointure being made after marriage the wife after her husbands death may refufe it and betake her to her dower unless such Iointure be made by Act of Parliament Entrie 1. Where a disseisor dieth seised of lands that descent shall not take away the entry of the disseisee or his heire unless the disseisor had peaceable possession thereof five years next after such disseisin committed 2. If any prisoner person for whose life or life 's any estates have been or shall be granted remaining beyond sea or otherwise absenting themselves the Realm for 7 years and no sufficient proof made of their lives shall thereupon be accounted naturally dead and if thereupon any person shall be evicted out of any lands or Tenements by virtue of the same act and afterwards the person upon whose life the estate depends shall return or be proved living or to have been living at the time of the eviction then the tenant or lessee who was ousted or his Executors c. may reenter repossess and enjoy the said land in their former estate so long
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
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
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.