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
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
Here if the verdict pass for the defendant or the plaint ’ be nonsuit or discontinue his suit the defendant shall be allowed double costs to be recover'd as costs in other cases given to the defend ’ use to be recover'd 5. The Statute of 7 Jac. 5. is confirmed and Church-wardens Sworn-men and overseers of the poor together with their assistants are to be comprehended within the purview of the same Statute 6. An action brought against any the said officers their deputies or assistants shall be layed in the County where the fact was committed and not elsewhere 7. The unnecessary charges and tedious attendance in passing the accounts of Sheriffs being very burthensome it is enacted that Sheriffs shall not keep tables of receipt for any more then their own family or retinue nor shall send any presents to any Judge of Assise nor give any gratuity to any officer nor have more then 40 men-servants nor under 20 in any County in England nor under 12 in Wales upon forfeiture of 100 l. for every such default Proviso this clause not to extend to the Sheriffs of London or Middlesexs nor Westmerland or any Sheriff of a City and County or Town and County 8. Sheriffes in England shall not be charged to answer any illeviable Seisure Farme Rent Debt or other thing whatsoever which was not writ or process to them to be levied and the persons Lands and tenements of which the same is leviable particularly expressed but shall be discharged without petition plea or other trouble or charge whatsoever 9. All seisures made before the 1 Jac R. 1. and yet remaining upon the Sheriffs accompts and all seisures and debts pardoned are discharged and to be left out of their accounts and no process to issue for levying the same nor any other Rent or farme not particularly set forth or which hath been unanswered for 40 years past and all other dead farmes and seisures and all desperate illeviable and unintelligible debts shall be removed out of the Annual Roll and Sheriffs charge in the exannual Roll there to remain until revived by Commission 10. The several Remembrancers shall enroll and certifie the Engrosser of the great Roll all debts chargeable upon Sheriffs by their returns into the Exchequer upon writs of fi fac levari fac capias and other process and all fines and amerciaments already set before the first day of February 1662. and all debts fines and Amerciaments hereafter set before the next term after returns of such fines and amerciaments set that so they may be charged and comprehended within Quietus est upon pain of 40 l. upon the officer for every default the one moytie to the King the other to the party grieved 11. And none shall be Sheriff unless he have lands in the same County sufficient to answer the King and his people 12. Every Sheriff having obtained a quietus est as by the act 21 Jac. c. 5. he might the Sheriff his heires Executors Lands and tenements shall be clearly discharged of all accompts and debts whatsoever unless he be prosecuted and Judgment given within 4 years after the same and every Officer by whose default process shall be sent contrary to this act shall incurr the same penalty aforesaid 13. This act not to extend to the Counties of Chester Lancaster and Durham or the Counties of Wales being Counties palatine as to the manner of their accompting who are to accompt before the respective Auditors as aforesaid 14. Not to extend to enjoyne the Remembrancer to transcribe to the engrosser of the great roll any inquisitions or seisures but such as have been formerly charged in the foreigne accompts of Sheriffs but Inquisitions upon Attainder and other forfeitures to be put in charge as formerly 15. Not to exclude his Majesties Remembrancer from writing forth process for his majesties Debts duties outlawries or other charge or process of Leva fa. at any persons suit to levy issues of Lands seised or venditioni exponas for goods for any debt to the King or upon outlawry or to alter any pleading touching the same 16. That no debt duty fine or Amerciament or seisure charged in the great Roll of the pipe by any record of the Kings Remembrancer nor any proceedings thereupon be stayed compounded or discharged by order of any Judgment entred in the said office of the Kings Remembrancer where the Original of such debt or charge remaines 17. If any debts seisures fines or other be not levied and payd upon process of Summons of the pipe the Clerke of the pipe shall the next term after return of such process certifie the office of the Kings Remembrancer who shall issue process for levying the same 18. Auntient and lawful fees belonging to the Kings Remembrancer not abridged by this act 19 The act to continue to the end of the first Sessions of the next Parliament and no longer Partition 1. IOyntenants and tenants in common of any inheritance in their own right or in right of their wifes in any mannors Lands tenements or hereditaments may be compelled to make partition by writ de partitione facienda as coparceners are compellable to do and this writ shall be pursued at the common law 2. That after such partition made they shall have Aid of one another and of their heires to dereigne warranty and to recover pro rata as coparceners use to doe 3. Ioyntenants and Tenants in common that have inheritance or freehold in any mannors Lands tenements or hereditaments shall be also compellable to make partition by the said writ to be pursued upon their case howbeit such partition shall not be prejudicial to any but the parties to such partition their heires and Assignes Pleading 1. ALL pleas which shall be pleaded in any Court whatsoever within the Realm shall be pleaded shewed depended answered debated and judged in the English tongue and entred and enrolled in the Latin Howbeit the Laws and Customes of the Realm as also the Terms and process shall be holden and kept as before this time hath been used 2. And Exemplification of the inrollment of the Letters patents by H. 8. E. 6. Q. M. P. and M. Q. El. or any of them since the 4 th of Februrary in the 27 H. 8. or hereafter to be granted by the Queen her Heires or Successors shall be of as good force to be pleaded or shewed in behalfe of the Patentees their heires Executors and assignes and every of them and every other person or persons having any Estate from by or under them or any of them as well against the Queen her heires and Successors and all other persons whatsoever as if the Letters patents themselves were produced Policies of assurance 1. THe Lord Chancellor or Lord Keeper shall award a standing commission to be yearly renued or as often as to him shall seem meet for the hearing and determining of all such causes arising and policices of Assurance as shall
be entred in the office of Assurance in London 2. This Commission shall be directed to the Judge of the Admiraltie the Recorder of London 2 Doctors of the Civil 2 Common Lawyers and 8 grave or discreet Merchants or to 5 of them which Commissioners or the greater part of them shall have power to hear and determine all such causes in a brief and Summary course as to their discretion shall seem meet without formality of pleadings or proceedings 3. The Commissioners have also power to Summon parties Examine witness upon Oath and commit to prison such as contemn or disobey their orders or decrees They shall meet and sit once a week at the least in the office of assurance or in some other convenient publick place for the execution of the said commission and no fees shall be there exacted by any person whatsoever 4. If any be grieved by their Sentence or decree he may exhibit his bill in Chancery for the reexamination thereof so as he first satisfie the sentence so awarded or deposite with the Commissioners the sum awarded and then albeit he be imprisoned he shall be enlarged and here the Lord Chancellor or Keeper hath power to reverse or affirme every such sentence or decree and in case it be affirmed to award the party assured double costs 5. No Commissioner shall meddle in the execution of the Commission wherein he is party assurer or assured not until he hath taken his Corporal Oath before the Major and Court of Aldermen to proceed uprightly and indifferently between party and party only the Judge of the Admiralty is excused from that Oath 6. Upon some defects in the statute of 43 El. c. 12. It is enacted that the Lord Chancellor or keeper of the great Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a doctor of the Civil Law or a Barrister of the Common Law be alwayes one of 5 years Standing to make a Court of policies of assurance and an Act as any five before might have done 7. The said Commissioners or any 3 of them impowered to Summon parties and witnesses and upon contempts and delays in the witnesses upon first Summons and reasonable Charges and in the parties upon second Summons to imprison offenders or to give every Commissioner having taken the Oath before the Lord Major of London to proceed uprightly in the Execution of the said Commission 8. Commissions may issue out of the Court of Admiralty for examining witnesses beyond sea or in remote place by direction of the said Commissioners or any three of them and decrees may be made against the body and goods and against the Executors c. and Execution accordingly and assess costs of suit as to them shall seem meet 9. Any of the said Commissioners may administer an Oath to any witness legally summoned so as the adverse party have timely notice to the end Witnesses may be truly examined 10. Provided That in no case Execution be against Body and Goods for the same debt 11. Provided That an Appeal may be to the Chancery as in the said former Act. Powers 1. LEases made by tenant in tail or by him who is seised in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their Wives Heirs and Successors 2. The Statute shall not extend to any Lease made of Lands in the hands of any Farmer by force of any old Lease unless such old lease expire within a year after the making of the new nor to any grant to be made of any Reversion of any Manors Lands c. nor to any Lease of any Manors Lands c. which have not been let to farm or occupied by Farmers 20 years before such Lease made nor to any Lease to be made without impeachment of waste nor to any Lease to be made for above 21 years or 3 lives from the day of the making thereof and that upon every such Lease there be reserved so much yearly as hath been usually paid for the Lands so let within 20 years next before such Lease made and the Reversioners of the Manors Lands c. so let after the death of such Lessor or his Heirs may have such remedy against such Lessee his Executors and Assignes as such Lessor might have had against such Lessee 3. That all Leases made by the Husband of Manors Lands c. being the inheritance of the Wife and she to seal to the same and the rent shall be reserved to the Huband and Wife the heirs of the Wife and here the Husband shall not Alien or discharge the rent or any part thereof longer than during the Coverture unless it be by Fine levied by Husband and Wife 4. This Act shall not extend to give liberty to take more Farms or Leases than might have been taken before this Act nor to any Parson or Vicar to make any Lease otherwise than they might have done before 5. All Leases for years made within three years before the 12 of April in the 31 of H. 8. by writing indented under seal by any person of full age sane memory and not lawfully contracted or Covert-Baron of any Manors Lands c. wherein he or they have an estate of inheritance to his or their own use at the time of the making thereof and whereof the Lessee or Lessees or their A signes now have the possession by force of such Lease or Leases and no cause of re-entry or forfeiture thereof had or made shall be good in Law against such Lessors their Heirs and Successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force than they were before the making of this Act. 6. No Fine Feoffement or other Act done by the Husband only of the inheritance of free-hold of the Wife shall make any discontinuance or prejudice the Wife or any other who is to enjoy it after her decease the fines levied by the Husband and Wife only excepted 7. This Act shall not give liberty to the Wife or her Heirs to avoid any Lease hereafter to be made of the Wifes inheritance by the Husband Wife for 21 years or under or three lives whereupon the accustomed yearly rent for 20 years before is reserved according to the tenor of this act 8. This Act shall not extend to the making good any Lease made by any Ecclesiastical person which are made void by Authority of Parliament or by any such person or other now attainted of Treason 9. All Estates made by any Arch-Bishop or other Bishop of any Manors Lands c. parcel of the possessions of their Bishoprick or united or appertaining thereunto to any person or persons body Politique or Corporate other than to the Queen
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
upon a Sunday after divine Service and Sermon or in case there be no Sermon after divine service and if he dwell in no Parish then in the Parish next adjoyning to his place of abode and all outlawries otherwise had shall be void 3. The officer for making the Exigent and proclamation may take such fees for the same as are limited by the Statute of 6 H. 8. 4. and the Sheriff for making proclamation at the Church door shall have 12 d. 4. In real actions after summons upon the land 14 days at least before the return thereof proclamation of the Summons shall be made upon a Sunday in forme aforesaid in the parish where the land lies which Proclamation shall be returned with the names of the Summoners 5. If the summons be not so proclaimed no Grand cape shall be awarded but an Alias and Pluries summons until a Summons and Proclamation be made according to this Act. 6. Before allowance of a writ of Error or reversing of an Outlawry by plea or otherwise the defend ’ in the Original action shall put in bail to appear and answer the Plaint ’ and also to satisfie the condemnation if the Plaint ’ begin his suit before the end of two terms next after the allowance of the said writ or avoiding the Outlawry FINIS 4 H. 7. c. 20. 31 El. c. 5. 21 Jac. c. 4. 18 El c. 5. 9 H. 5. c. 4. 4 H. 6. c 3. 8 H. 6. c. 12. 8 H. 6. c. 15. 27 El. c. 5. 9 R. 2. c. 3. 23 H. 8. c. 3. 4 H. 4. c. 14 29 El. c. 5. 3. El. c. 10. 7 H. 8. c. 4. 21 H. 8. c. 15. 21 H. 8. c. 19. 13 Car. 2. Sess 2. c. 2. 13 El. c. 7. 1 Jac. c. 15. 21 Ja. c. 19. 14 Car. 2. c. 24. 82 H. 8. c. 38. Marriage 1 H. 5. c. 5. 13 C. 2. Sess 2. c. 2. Delays in Execution 21 Iac. c. 8. 32 H. 8. c. 34. 24 H. 8. c. 8. 43 El. c. 6. 4 Jac. c. 3. 13 Car. 2. Sess 2 c. 2. 22 23 Car. 3. c. 1 E. 6. c. 7. 13 R. 2. c. 5. confirmed by 2 H. 4. c. 11. 3 H. 7. c 10. confirmed by 19 H. 7. c. 20. 23 H. 8. c. 15. 8 El. c. 2. 43 El. c. 6. 10 H. 6. c. 4. confirmed by 18 H. 6. c. 9. 32 H. 8. c. 1. 34 35 H. 8. c. 5. 11 H. 7. c. 20. 2 3 H 6. c. 13. 27 H. 8. c. 10. 32 H. 8. c. 33. 19 Car. 2. c. 11. 9 R. 2. c. 3. 16 Car. 2. C. 2. 16 17 Car. 2. c. 8. 17 Ca◠2. c. 8. Death after Verdict 20 Car. 2. c. 4. Exchequer 5 El. c. 23. 3◠H. 8 c. 5. 3 Jac. c. 8. 21 Jac. c. 24. 16. 17. C. 2 c. 5. 17 Car. 2. c. 8. 31 El. 3. c. 11. 21 H 8. c. 5. 22 23 Car. 2. c. 10. 4 E. 3. c. 7. 35 E. 3. c. 5. 21 H. 8. c. 4. 1 R. 3. c. 7. 4 H. 7. c. 24. 32 H. 8. c. 36. 13 El. c. 5. 27 El. c. 4. 2 H. 5. c. 2. Corpus cum causa 43 Fl. c. 5. 21 Jac. c. 23 27 El. c. 13. 27 H. 8. c. 16. 20 R. 2. c. 3. Justice of Assise 4 H. 4. c. 23. 5 H. 4 c. 8. 2 H 5. c. 3. 32 H. 8. c. 2. 1 P M. sess 2. c. 5. 21 Jac. c. 16. 32 H. 8. c. 9. 31 El c. 12. 2 H 4. c. 7. 13 Car. 2. Sess 2. c. 2. 23 H. 6. c. 10. 5 E. 6 c 16. Grant 7 Jac. c. 5. Pleading Costs 21 Jac. c. 12. 14 Car. 2. c. 21. Sheriffs 31 H. 8. c. 32 H. 8. c. 32. 36 E. 3. c. 15. 13 El. c. 6. 43 El c. 12. 14 Car. 2. c. 23. 32 H. 8. c. 28. A fair Leases 1 Eliz. c. 9. 13 El. c. 10. 18 El. c. 11. 1 Jac. c. 3. 19 H. 7. C. 9. 13 Car. 2. sess 2. c. 2. 23 H. 8. c. 9. Citation 23 H. 8. c. 6. 21 H 8. 15. 34 35 H. 8. c. 20. 23 H. 8. c. 37. 32 H. 8. c 30. 17 Ca◠2. c. 7. 13 R. 2 c. 17. 31 El. c. 6. 21 H. 8. c. 13. 28 H. 8. C 13. 19 Car. 2. c. 11. Challenge 4 5 P. M. c. 7. Tales 14 El c. 9. 7 H. 8. c. 10. 31 El. c. 3.