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
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
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
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
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
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.
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
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