have in every point degree and condition against the Recognisors their heires executors and Administrators such processe Execution commodity and Advantage as hath been had upon an obligation of the statute of the Staple and shall also pay like fees for the same 6. Here the Recognisor so bounden or otherwise grieved by such an obligation shall have like remedy by Audita Querela and all other remedies in law as upon obligations of the Statute of the staple 7. Upon the sealing of the processe for the execution of every such obligation the King shall have a halfe-penny in the pound 8. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy upon an obligation of a statute of the staple 9. The Justices or the Major and Recorder's fee for taking such a recognisance is 3 s. 4 d. the clarks fees is as much and his fees for certifying such obligation is 20 d. and none of them shall take more in pain of 40 l. 10. From henceforth the Major or Constable of the staple shall take no Recognisance of the statute of the staple in pain of 40 l. except between Merchants being free of the same staples for Merchandise of the said staple between them lawfully bought and sold 11. The forfeitures abovesaid are to be divided betwixt the King and the Prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed Recoveries 1. A Termer for years may satisfie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assignes according to his Lease 2. Also the Recoverer shall have like remedy against the Termer his Executors or Assignes by avowry or action of debt for rents and services reserved upon such Lease and due after such Recovery and also like action for waste done after such recovery as the Lessor might have had if such recovery had never been 3. No Statute of the Staple Statute Merchant or Execution by Elegit shall be avoided by such feigned recovery but such tenant shall also have like remedy to falsifie such Recoveries as is here provided for the Lessee for years 4. No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or voucher be had in any such feigned recovery or not but that after the death of every such Tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the Lands Tenements and Hereditaments so recover'd according to the form of the gift of tail the said Recovery notwithstanding 5. And here the Heirs of every such tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the voucher and his heirs 6. This Act shall not extend to prejudice the Lessee or Lessees of such tenant in tail made by writing indented of any Manors Lands c. for 21 years or 3 lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the said term or terms but the same Lessee or Lessees shall enjoy his or their term or terms according to the Statute of 32 H. 8. 28. this Act notwithstanding 7. All Recoveries had or prosecuted by agreement of the parties or by Covin against tenants by curtesie tenants in tail after possibility c. for term of life or lives or of Estates determinable upon life or lives or of any Lands or Tenements or Hereditaments whereof such particular tenant is so seised or against any other with voucher over of any such particular tenant or of any having right or title to any such particular Estate shall from henceforth as against the Reversioners or them in Remainder and against their Heirs and Successors be clearly void 8. This Act shall not prejudice any person that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Rents 1. THe Executors or Administrators of tenant in fee-simple in fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms upon whom any such rent or fee-farm was due and unpaid at the time of his death shall have an action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the Lands charged therewith so long as they continue in the seisin or possession of such tenant in demesne or of any other person proclaiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same Distress lawfully make avowry upon the matter aforesaid 2. This Act shall not extend to any Manor Lordship or Dominion in Wales or the Marches thereof where the inhabitants have used time out of mind to pay to every Lord or Owner of such Manors c. at their first entry into the same any summe or summes of Money for the discharge of all Duties Forfeitures and Penalties wherewith the Inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry 3. If any person hath in right of his wife any estate in fee-simple fee-tail or for term of life in any such Rents or fee-farms and the same happen to be due and unpaid in his wives life such Husband after the death of his wife his Executors and Administrators shall have an action of debt for the said arrerages against the tenant of the demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make avowry as he might have done if his wife were living The like power hath tenant pur autre vie for arrerages due and unpaid in the life time of cestuy que vie Repleader 1. IN all Actions after issue had there shall be Judgement given notwithstanding any mispleading lack of colour in sufficient pleading or Jeofail miscontinuance discontinuance misconveying of Process mis-joyning of Issue lack of Warrant of Attorney of the party against whom the issue shall be tried or any other default or negligence of any of the parties their Councellors or Attorneys 2. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful warrant of Attorney to be entred of Record for every Action or Suit wherein he
which may barre the attaint but notwithstanding such plea the grand Jury shall neverthelesse enquire whether the first Jury gave a true verdict or no. 9. If the petty Jury be found to have given an untrue verdict they shall each of them forfeit 20 l. to be divided between the King and the Plaint ’ and incurr several fines at the Discretion of the Justices and be ever after disabled to give testimony in any court 10. If the Defendants plea in barr be found against him the Plaint ’ shall have Judgment to be restored to what he lost with his reasonable costs and damages 11. Outlawry or Excommunication shall be no plea against the Plaint ’ in attaint and in the aforesaid process such day shall be given as in Dower but no Essine or protection allowed 12. If the Grand Jury appear not so that the petty Juryes verdict remain untried the defalters shall upon the first distress forfeit 20 s. upon the 2 d. 40 s. and upon every distress after 5 l. the like penalty is also to be inflicted upon the Tales 13. The attaint is maintainable as long as any two of the the petty Jury are alive 14. An attaint shall also lye for a personal thing under the value of 40 l. in manner aforesaid save only in such case the Grand Juror is to have lands worth 5 markes per annum out of auntient demesne or to be worth a hundred markes in goods and the forefeiture of each Juror shall be but 5 l. 15. For want of sufficient Iurors in one County a Tales shall be awarded into another County at the Discretion of the Iustices 16. An attaint shall also lye for him in Reversion or Remainder and also if in attaint the Plaint ’ be nonsuit or discontinue his suit he shall be fined at the discretion of the Iustices 17. All Attaints shall hereafter be taken at the Kings Bench or common pleas and not elsewhere and Nisi prius shall be granted upon the distress at the discretion of the Iustices also any of the petty Iury may appear and answer by atturney 18. As concerning the forfeitures the several moyties shall be recovered by the King and parties respectively by Ca Sa or si fa or Elegit or action of debt against each of the Petty Jury their Executors or Administrators having sufficient goods of the Testators not administred 19. Judgement and Execution of Restitution to the Plaint ’ and of discharge of Restitution to the tenant or Defend ’ shall be given and had as in case of a grand Attaint hath been used 20. The nonsuit or release shall not prejudice his companions 21. In every writ of Attaint after the test these words shall be inserted per Statutum continuatum usque annum 23 H. 8. Dei gratiâ c. Atturney 1. ALL Atturneys shall be examin'd by the Iustices and by their discretion put into the Roll. 2. Those that are by them approved shall swear truly to serve in their offices and to make no suit in a foreign county An insufficient Atturney shall be put out by the like discretion of the Iustices and their Masters or Clients shall have notice thereof lest they be prejudic'd thereby 3. As any dye or cease the Iustices shall appoint others being vertuous learned sworn as aforesaid 4. If an Atturney be found notoriously in fault he shall forbear the Court and be never admitted into any other Court 5. The Treasurer and Barons of the Exchequer shall pursue the like course there at their discretion 6. If any shall be sued upon any penal Law in the Kings Bench common pleas or Exchequer where such person is baylable by law or may appear by Atturney the person so sued shall at the day contained in the first process appear by Atturney to defend the same and shall not be urged to personal appearance or to put in bayle to answer the same 7. The said clause of 29 El. shall onely extend to natural born subjects or free Denizens Avowry 1. REcoverers of Lands Tenements and Advowsons their heires and assignes may distrain for rents services and customes due and unpayd and make avowry and Justifie the same and have like remedy for recovering them as the Recoverers might have had or done albeit the said recoverers were never seised thereof and shall also have a Quare impedit for an advowson if upon avoydance any disturbance be made by a stranger as the recoverers might have had albeit they were never seised thereof by presentation 2. Here every Avowant in any Replegiare or second deliverance if their avowry conusans or Justification be found for them or the Plaint ’ be otherwise barred shall recover his damages and costs 3. Termer for years may falsifie a faigned recovery had against him in the reversion and shall retain and enjoy his terme against the Recoverer his heires and assignes according to his Lease 4. Also the Recoverer shall have like remedy against the termer his Executors and Assignes by Avowry or action of Debt for rents and services reserved upon such lease and due after such recovery and also like action for wast done after such recovery as the lessor might have had if such recovery had never been 5. No Stat ’ of staple merchant or Execution by Elegit shall be avoyded by such feigned recoveries but such ten’ts shall have like remedy to falsifie such recoveries as is here provided for the Lessee for years 6. Upon a Replevin an Avowry may be made by the Lord or Conusee and Iustification by his Baylife or servant upon the Land holden of the said Lord without naming any person certain to be tenant thereof the like law is also upon every writ sued of second deliverance 7. In any Replegiare or second deliverance for rents services customs or damage feasant if the Avowry Conusance or Iustification be found for the Defendant or the Plaint ’ be nonsuit or otherwise barred the Desend ’ shall recover such Damages and costs as the Plaint ’ should have had if he had recovered 8. Both parties shall in such Writs have like pleas aid prayers Ioynders in aid as at the common Law notwithstanding this act pleas of disclaimer onely excepted Baile 1. NO person arrested upon any writ out of the Kings Bench or common pleas upon which he is lyable by the Stat ’ 23 H. 6. c. 10. shall be forced to give security or enter into bond with Sureties for his appearance at the day in such writ bill or processe specified in any sum above 40l unless the cause of action be expressed particularly and where such cause of action is not expressed all sheriffs and officers shall let to baile persons arrested upon 40l security for their appearance according to the Stat ’ 23 H. 6. 2. Upon appearance by Atturney in terme entered in court where the process is returnable the baile bond shall be satisfied and discharged and after such appearance no amerciaments shall be estreated
Commission the Defend ’ may plead not guilty or Justifie and the whole matter shall be brought in Evidence according to the very truth thereof and if the verdict pass for the Defend ’ he shall have his costs 26. The Commissioners shall proceed to Execution notwithstanding the death of the Bankrupt 27. All laws made against Bankrupts shall be construed beneficially for the Creditors 28. Persons of Trade and Scriveners that procure protection except of Parliament and all such as by exhibiting petitions endeavour to compel their Creditors to take less than their due debts or to gain time for the payment thereof or being indebted in 100 l. or more shall not satisfie the same within 6 months after the same grows due and the Debtor arrested or within 6 months after the original writ sued out and notice given thereof in writing at the place of his abode or after arrest escape out of prison or procure enlargement by putting in common bayle shall be adjudged Bankrupt and in case of arrest from the time of the arrest 29. Commissions and other proceedings provided by 13 El. 7. and 1 Jac. 15. shall also be pursued against him that by this act is prescribed to be a Bankrupt and proceedings provided by this act shall be pursued against him that is described in the other 2. 30. The Bankrupts wife shall also be examined upon oath and if she appear not or refuse to be examined she shall incurr the punishment inflicted by the former lawes in like cases 31. The Bankrupt that fraudulently concealeth his goods or tendreth not some just reason why he became Bankrupt shall after conviction be set in the pillory and lose one of his ears 32. The Commissioners may by themselves or others break open the Bankrupts house or chests c. where his Estate is or is reputed to be and then seise and order his body or Estate as by the former laws is ordained 33. In the Distribution of the Bankrupts Estate no more respect shall be had unto debts upon Judgment Recognizances specialties with penalties or the like than to other debts 34. The Commissioners may proceed when the Bankrupt by fraud makes himself accomptant to the King 35. Another mans goods in the Bankrupts possession shall be also distributed by the Commissioners as the Bankrupts own goods 36. The Commissioners grant of the Bankrupts entailed Estate shall be good except when the reversion or remainder is in the King 37. No Purchaser shall be impeached by this or the former act unless the Commission be sued forth within 5 years after he becomes bankrupt 38. This act as also all the former shall extend to Strangers both Aliens and Denizens as well as to subjects born as well to be relieved as also to be subject to the penalty thereof 39. Whereas divers Noblemen and Gentlemen not brought up in trade have notwithstanding put great stocks into the East India and Guiny company it is declared that no person adventurer for putting in mony or Merchandize into the said Companies or for adventuring or managing the fishing called the royal fishing Trade shall be taken or reputed a merchant or trader within any stat ’ for Bankrupt or be lyable to the same 40. Provided that persons Trading or trafficking in any other manner than in the said companies or fishing shall be lyable to the Commission of Bankrupts Baron and Femme ALL marriages shall be adjudged Lawful that are not prohibited by Gods Law Brief 1. IN Original Writs where Exigent shall be awarded Addition of the Defendants condition and dwelling shall be inserted 2. Outlawries otherwise prosecuted shall be void 3. Surplusage of Additions shall not prejudice albeit the writ do therein vary from the Records and Deeds 4. The Clerks of the Chancery shall not omit such additions in pain to be fined at the discretion of the Chancellor 5. Original Writs may be sued upon personal actions against Prisoners in the Fleet and an Habeas Corpus granted to bring them to the Bar to answer any suit or declaration being put in and the defendant not appearing Judgement may be entred by nihil dicit and the Prisoner charged in Execution upon notice hereof to the Warden of the Fleet by rule of Court 6. In Actions of debt and other personal actions and Ejectione firmae in any of the said Courts after Issue joined to be tried by the Jury and after Judgement obtained there shall not need to be fifteen dayes between the Teste and return of any venire fac ’ Hab ’ corpora jurator ’ Distringas Fieri fac ’ or Cap ’ ad satisfac ’ and the want of it shall be no error 7. Provided this extend not to Writs of Cap ’ ad satisfac ’ where any exigent after Judgement is to be awarded nor to any Cap ’ ad satisfac ’ in order to make any bail triable Certiorari CErtioraries shall not be allowed unless the Indicted will become bound with sufficient sureties such as the Justices of Peace in Sess ’ shall like of to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assess Conditions 1. GRantees of Reversions may take advantage of conditions and covenants against Lessees of the same Lands as fully as the Lessors their heirs or successors might have done 2. Lessees may also have the like remedy against the grantees of Reversions which they might have had against their Lessors or Grantors their heirs or successors all advantage of recoveries in value by reason of any Warranty in deed or Law by voucher or otherwise only excepted Costs 1. THere shall be no costs awarded to the Defendant when any Action is sued to the Kings use 2. In personal Actions in the Courts at Westminster being not for land or battery when it shall appear to the Judges and so by them signified that the debt or damage to be recovered amount not to the summe of 40 s or above the said Judges shall award to the plaintiff no more costs than damages 3. If the defendant or plaintiff be non-suit or overthrown by lawful trial in any action whatsoever the tenant or defendant shall have costs to be assessed and levied by the 23 H. 8. c. 15. 4. If any person sue a writ of Error to reverse a Judgement after verdict and the said Judgement is afterwards affirm'd he shall pay to the defendant in the Writ of Error double Costs to be assessed by the Court where such Writ of Error shall be depending 5. In all actions of Trespass Assault and Battery and other personal actions wherein the Judge at the trial of the cause shall not find and certifie under his hand upon the back of the Record that an Assault and Battery was sufficiently proved or that the freehold or title of the Land was chiesly in question the plaintiff shall have no more costs than damages in cases the Jury find
damages under 40 s. Continuance Discontinuance 1. THe death of the King shall not discontinue any suit betwixt party and party neither shall the variance between the Original and Judicial process in respect of the Kings name â—e material as concerning any fault to be alledged therefore 2. Assises of Novel disseisin Mortdancestor Juris uâ—rum or Attaints shall not be discontinued by reason of death new Commissions or Associations or the not coming of the same Justices to any of them 3. Preferment of the demandant or plaintiff to be Duke Archbishop Marquess Earl Vicount Baron Bishop Knight Justice of the one bench or the other or Serjeant at Law shall not make the suit abatable 4. Preferment of a Justice of Assise Gaol-delivery or Peace or of any other Commissioners to the dignities aforesaid shall not lessen his power 5. New Justices of Gaol-delivery may give Judgement of a Prisoner sound guilty of Treason or Felony though he were reprieved by other Justices 6. No Process or suit before Justices of Assise Gaol-delivery Oyer and Terminer or Peace or other of the Kings Commissioners shall be discontinued by a new Commission or by the alteration of any of their names Court Admiralty 1. THe Admirals Court shall not have cognizance of any thing done within the Realm but onely upon the Sea 2. The party grieved upon non-observance of the 13 R. 2. c. 5. shall by action upon his case recover double damages against the Prosecutor in the Admiralty and the Prosecutor shall also forfeit 10 l. to the King Damages 1. WHen any person bound by a Judgement shall sue before Execution had a Writ of Error to reverse it if the Judgement be affirmed the Writ discontinued or the party that sueth it be non-suit the party against whom the Writ is brought shall recover his costs and damages at the discretion of the Justices before whom the said Writ is sued 2. If the Plaintiff be non-suit or overthrown by lawful trial in any Action Bill or Plaint for trespass upon the 5 R. 2. c. 7. or for any debt or covenant upon specialty or contract or for detinue accompt upon the case or upon any Statute the defendant shall have his costs to be assessed by the Judge or Judges of the Courts and to be recovered as the plaintiff might have recovered his in case Judgement had been given for him 3. He that sues in forma pauperis shall not pay costs but shall suffer such punishment as the Justices or Judge of the Court shall think fit 4. When any person shall sue forth of the Kings Bench any Latitat Alias and Pluries Capias against any person who thereupon doth appear and put in bail if the plaintiff do not declare within three dayes after or do after declaration delay or discontinue his suit or be non-suit the Judges of that Court shall thereupon award damages against the plaintiff 5. The like shall be done in the Courts of the Marshalsea London and all other Corporations and Liberties where the Courts are kept de die in diem but where they are not so kept then the plaintiff must declare at the next Court after appearance unless he have longer time allowed him by the Court. 6. If any shall malitiously for vexation and trouble cause or procure any person to be arrested or attached to answer in any of the said Courts at the suit of any person whereas there is none such or without the consent and agreement of the party at whose suit such arrest and attachment is procured the party so causing or procuring the same and thereof convict by indictment presentment the testimony of two or more witnesses or other due proof shall suffer six months imprisonment without bail and shall not be enlarged until he have satisfied the party grieved his treble damages and besides shall forfeit unto him if he be known 10 l. to be recovered as also treble damages by action of Debt Bill or Plaint in any Court against the party so offending his Executors or Administrators in which no Essoign c. shall be allowed 7. In personal actions in the Courts at Westminster being not for Land or Battery when it shall appear to the Judges and so by them signisied that the debt or damages to be recovered amount not to the summe of 40 s. or above the said Judges shall award to the Plaintiff no more costs than damages but less at their discretion Defalt Apparence 1. NO Filizer Exigenter or other Ossicer whatsoever in any suit shall make entry that the Plaintiff obtulit se in propria persona sua unless the Plaintiff before such entry made doth indeed appear in proper person before some of the Justices of the place where the Plea depends and either by himself or some other credible person of his Counsel make oath that he is the same person in whose name that suit is commenced and prosecuted Devlse Testament 1. EVery person having mannors Lands tenements or hereditaments holden in Socage or of the Nature of Socage tenure and not having any mannors Lands c. holden of the King by Knights service Socage tenure in chiefe nor of any other person by knights service shall have power to give dispose will and devise as well by his last will and testament in writing as otherwise by any act executed in his life all such mannors Lands c. at his pleasure 2. Where the Stat ’ 32 H. 8. c. 1. mentioneth mannors Lands c. of inheritance it shall be expounded and taken of Estates in fee simple 3. Every person having a sole Estate in fee simple or seised in coparcenary or in common in fee simple in any mannors Lands tenements rents or other hereditaments in possession Reversion or Remainder and having no lands holden of the King or of any other by Knights service may give dispose will or devise to any person or persons Except bodyes Politick and corporate by his last will and testament in writing or by act executed in his life by himself solely or by himself and others joyntly severally or particularly or by all those wayes or any of them as much as in him of right is all his said maâ—nors lands tenements and hereditaments or any of them or any rents commons or other profits out of the same or any parcel thereof at his free will and pleasure Discontinuance 1. IF a woman that hath an estate in Dower for life or in Taile jointly with her husband or onely to her self or for her use in any lands c. of the Inheritance or Purchase of her husband or given to the husband and wife by the husbands ancestors or any seised to the use of the husband or his ancestors do sole or with an after-taken husbband discontinue or suffer a Recovery by covin it shall be void and he to whom the land ought to belong after the death of the said Woman may enter as if the woman were dead without
discontinuance or recoverie 2. Provided that the woman may enter after the husbands death But if the woman were sole the Recovery or discontinuance barreth her for ever 3. This act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Dismes 1. EVery person shall without fraud yield and pay all predial Tythes as hath been used or of right or custome they ought to have been paid 2. None shall take or carry away any Tythes payd or that ought to have been payd as aforesaid before he hath justly divided and set forth for the use thereof the 10 th part thereof or otherwayes agreed for the same tythes with the Parson Vicar or other owner or proprietor or farmer thereof in pain to forfeit the treble value of the tythes so carried away 2. At Tything time it shall be lawfull for the owner claiming such predial tythes his deputy or Servant to see his said tythes be truly set out and severed from the nine parts and the same quietly to take and carry away 3. If any person carry away his Corn Hay or other predial tythes before they be set out or willingly withdraw his tythes of the same or other things whereof the tythes ought to be paid or do let such owner to view take and carry away such tythes by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing or stopping shall pay the double value of the tythe so taken lost withdrawn or taken away before costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical laws 4. Tythe of Cattel feeding in a wast or common where the Parish is not known shall be payd by the owner of such Cattel in the Parish where he dwells 5. None shall be compelled to pay tythes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition real 5. Barren Heath and wast ground other then such as be discharged from tythe by Parliament which hath heretofore payd no tythes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of 7 years next after such improvement pay tithes or if they yield some small tythe before such improvement they shall only pay that same small tythe during the first 7 years but afterward shall pay the full tythe according to such improvement 6. Every person exercising Merchandice buying and selling or any other art or fuculty being such persons and in such places as heretofore have used to pay personal tythes within 40 years or of right ought to have payd them and not day Labourers shall yearly at or before Easter pay for his personal tythes the 10 th part of his clear gains reasonable charges and expences being deducted 7. Handycraft men having used to pay tythes within 40 years shall still pay them 8. The ordinary hath power to examine him that refuseth to pay his personal tythes by any lawfull meanes otherwise than by his own oath concering the payment of such tythes 9. Offerings shall be payd in the place where the party dwells at such 4 offering dayes as heretofore within the space of 4 years last past have been used for the payment thereof but in default thereof at Easter 10. Parishes that stand upon or towards the sea coast the commodities whereof consist much in fishing shall pay their tythes as they have done within 40 years and their offerings as aforesaid 11. This Act shall not extend to London or Canterbury or their Suburbs or to any other Town or place where the inhabitants have used to pay tythes by houses 12. Suites for substracting or withdrawing of tythes or other profits spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or Prohibition hanging to Excommunicate the party disobeying the sentence and if he stand Excommunicate 40 dayes to certifie the Excommunication after publication at the place or parish where such party dwells into Chancery and thereupon to require processe de excommunicato capiendo to be awarded against the person so Excommunicate 13. Before a prohibition shall be granted the party Plaint ’ shall bring a true coppy of the libell exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the party and thereunder shall be written the Suggestion whereupon the party demandeth such prohibition and the libell thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by 2 sufficient witnesses within 6 monthes next after such prohibition granted the other party shall upon request have consultation the double costs and damages awarded by the said court and may recover such costs and damages by action of debt 14 This act shall not give power to any Ecclesiastical Judge to hold plea of any matter against the meaning of the Statute of W. 2. c. 5. Articuli cleri circumspecte agatis Sylva caedua the treatise de regia prohibitione nor of 1 E. 3. 10. nor to any of them nor where the Kings court ought of right to have Iurisdiction 15. No tithes of marriage goods shall be paied in Wales or the marshes thereof Dower Iointure 1. WHere an estate is made in possession or use to husband and wife and his heires or the heires of their two bodies or to them for their lives or for the wives life for her Iointure in any of these cases she shall not have dower Howbeit upon a lawfull eviction of that Iointure she shall be endowed according to the rate of the husbands land whereof she was dowable 2. Such a Iointure being made after marriage the wife after her husbands death may refufe it and betake her to her dower unless such Iointure be made by Act of Parliament Entrie 1. Where a disseisor dieth seised of lands that descent shall not take away the entry of the disseisee or his heire unless the disseisor had peaceable possession thereof five years next after such disseisin committed 2. If any prisoner person for whose life or life 's any estates have been or shall be granted remaining beyond sea or otherwise absenting themselves the Realm for 7 years and no sufficient proof made of their lives shall thereupon be accounted naturally dead and if thereupon any person shall be evicted out of any lands or Tenements by virtue of the same act and afterwards the person upon whose life the estate depends shall return or be proved living or to have been living at the time of the eviction then the tenant or lessee who was ousted or his Executors c. may reenter repossess and enjoy the said land in their former estate so long
Excommunicato capiendo shall be made in Term time and returnable in the Kings Bench the next day after the Teste thereof having 20 dayes betwixt the Teste and return 2. After the Writ shall be sealed it shall be forthwith brought into the Kings Bench and there opened and delivered of record to the Sheriff or other Officer or other Deputies to whom the Execution thereof appertains and then if the Sheriff or other Officer do not duly execute it the Justices shall amerce him at their discretion and estreat the amercement into the Exchequer 3. At the return of the Writ the Sheriff or other Officer c. shall not be compelled to bring the party arrested into the Kings Bench but only return the Writ with a short Declaration how it was executed to the end the Justices may proceed therein according to the tenor of this act 4. If the Sheriff or c. return a non est inventus then shall issue out of the Kings Bench a Capias returnable in term time two months at least after the teste thereof with a Proclamation to be made 10 dayes at least before the return in the County Court Assise Gaol-delivery or Sessions that the party shall within 6 dayes after such Proclamation yield his body to the Gaol and there remain as a Prisoner in pain of 10 l. and what shall be done therein and thereupon shall be returned by the Sheriff or c. 5. If upon the return it appear that the party hath not rendred himself prisoner upon the first Capias he shall forfeit 10 l. more to be estreated as aforesaid and then a second Capias shall be awarded against him with a pain to forfeit 20 l. to be estreated by the Justices as aforesaid and then a third Capias shall be awarded with like Proclamation and pain and then a fourth and so infinitely until he render himself prisoner upon the several returns whereof he shall forfeit 20 l. to be estreated as aforesaid 6. The party yielding his body shall be committed to prison in like sort as is he had been taken upon the Excom Cap. 7. If the Sheriff c. make a false return upon any of the said Writs he shall forfeit to the party grieved 40 l. 8. The Bishops Authority to receive submission and deliver the Excommunicate is saved according to the former usuage viz. by a certificate thereof from the Bailiff into the Chancery and then a Writ from thence to deliver the Prisoner 9. In Wales the Counties Palatine of Lancaster Chester and Durham and Ely the Cinque Ports being Jurisdictions exempt where the Queens Writ runneth not a Significavit being of Record in Chancery shall be sent by Mittimus to the Justices or head Officers there who shall then proceed against the Excommunicate as the Kings Bench is above directed 10. If in the Excom Cap. the Excommunicate have not a sufficient addition according to the Statute 1 H 5. 5. or if in the Significavit it be not contained that the Excommunication proceeds upon some cause or contempt of some original matter of Heresie refusing to have his child baptised refusing to receive the Sacrament to come to Divine Service or Errors in matters of Religion or Doctrine Incontinency Usury Symony Perjury in the Ecclesiastical Court or Idolatry he shall not incurr the penalties aforesaid 11. If the Addition be with a nuper of such a place the first Capias and Proclamation shall issue forth without any penalty and in such case also if the party be proclaimed in a County where he is not for the most part resiant he shall not incurr the penalties aforesaid 12. Persons in Prison under age non sane memory shall not incur the penalties aforesaid Execution 1. IF Lands delivered in Execution on just cause be recovered without sraud from the tenant in Execution before he shall have levied his whole debt and damages he may have a scire fac ’ out of the Court from whence he had his Execution returnable into the same Court at a day 40 dayes at least after the date of such scire fac ’ At which day if the Defendant being lawfully warned make default or do appear and not plead a sufficient cause other than the former acceptance of the Lands to avoid the said suit for the residue of the said debt and damages the said Court shall award a new writ of Execution for the levying thereof 2. No Execution shall be stayed upon any Writ of Error or Supersedeas thereupon for the reversing of a Judgement in any Action of debt or upon any contract in the Courts at Westminster of the Counties Palatine of Lancaster or Chester or of the great Sessions in Wales unless the Plaintift with two sufficient sureties such as the Court shall like of shall first be bound to the party for whom such judgement is given by Recognizance in the same Court in double the summe adjudged to prosecute the said Writ of Error with effect and to pay if the judgement be affirmed all debts damages and costs so adjudged and all costs and damages for delaying the Execution by the Writ of Error 3. The parties or party at whose suit any person shall stand charged in Execution for debt or damages recovered their Executors Administrators may after the death of the person so charged in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person deceased in like manner as if the person deceased had never been taken in Execution Howbeit this act shall not extend to Lands sold lona fide after the Judgement given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts 4. For further remedy against the staying of Execution after Judgement in part provided against by the Stat ’ 3 Jac. c. 8. no Execution shall be stayed in any of the said Courts by Writ of Error or Supersedeas after Verdict and Judgement in Action of debt upon the Stat ’ of 2 E. 6. for Tythes promise for payment of money Trover Covenant Detinue or Trespass unless such Recognisance in the same Court be first entred as directed by the said Statute and if such Judgement be affirmed the party presenting such Writ of Error to pay double costs for such delay 5. Proviso this Act shall not extend to any popular action except 2 E. 6. nor to any Indictment Information Inquisition or Appeal 6. When any Judgement Statute or Recognizance shall be extended it shall not be avoided or delayed by occasion of omission of any part of the Lands or Tenements extendible saving always the remedy of Contribution against such person whose Lands be or shall be extended out of such extent for time to come 7. This Act gives no extent or contribution against any Heir within the age of 21 years during such minority further than might have been before this Act. 8. Provided this Act extend
the common Law have the same force they had before and a fine may be levied according to this Statute or the common law at the Election of the parties 8. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the 3 next four several days in every Term and in the mean time all pleas shall cease 9. The Proclamations being so made the fine shall conclude all persons both privyes and strangers except persons under age covert out of the Realm or not of Sane memory being not parties nor privyes to the fine 10. The right and interest that any person or persons other than parties hath or have at the time of the fine engrossed is saved so that they or their heirs pursue such their right or interest by action or lawful entry within 5 years after the proclamation so made so also is the right and interest saved which accrues after the ingrossing of the fine so that the parties having the same pursue it within 5 years after it so accrues and in this case the action may be brought against the pernor of the profits 11. If at the time of the fine ingrossed or of such accruer as aforesaid the persons be Covert and no parties to the fine under age in prison out of the Realm or of non sane memory they or their heirs have time to pursue their actions within 5 years after such imperfection removed 12. The exception that none of the parties nor any to their use had any thing in the lands at the time of the fine levied this way or at the common law at the pleasure of the parties 13. Fines at the Common Law have the same force they had before the making of this Act and a fine may be levied this way or at the Common Law at the pleasure of the parties 14. All Fines levied by any person or persons of full age of Lands intailed before the same Fine to themselves or to any of their Ancestors in Possession Reversion Remainder or Use shall immediatly after the Fine ingrossed and Proclamations made be a sufficient barre against them and their Heirs claiming only by such intail and against all other claiming only to their use or to the use of any heir of their bodies 15. Howbeit this Act shall not barre the interest of any persons accrued by reason of any Fine levied by a woman after her Husbands death contrary to the Statute of 11 H. 7. 20. 16. A Fine levied by him who is restrained by any express Act of Parliament so to do shall be void notwithstanding this Act. 17. This Act shall not extend to any Fine heretofore levied of Lands now in suit or heretofore lawfully recovered in any Court by Judgement or otherwise Nor to any Fine of Lands intailed by the Kings Letters Patents or any Act of Parliament the reversion thereof at the time of such Fine levied being in the King Fraud 1. ALL fraudulent conveyances of Lands Tenements Hereditaments Goods or Chattels and all such Bonds Suits Judgements and Executions made to avoid the debt or duty of others shall as against the party only whose debt or duty is so endeavoured to be avoided their Heirs Successors Executors or Assigues be utterly void any pretence feigned consideration or c. notwithstanding 2. Every of the parties to such a fraudulent conveiance Bond Suit Judgement or Execution who being privy thereunto shall wittingly justifie the same to be done bona fide and upon good consideration or shall alien or assign any Lands Lease or Goods so to them conveyed as aforesaid shall forfeit one years value of the Lands Lease Rent Common or other profit out of the same and the whole value of the goods and also so much money as shall be contained in such covenous Bond and being thereof convicted shall suffer half a years imprisonment without bail and here the said forfeitures are to be divided betwixt the Queen and the party grieved 3. Common Recoveries against the tenant of the freehold shall be good notwithstanding this Act and so shall all Estates made for procuring of a voucher in Formedon Neither shall this Act extend to grants made bona fide and upon good consideration to persons not privy to such collusions 4. Every Conveyance Grant Charge Incumbrance and Limitation of use or uses of in or out of any Lands or other Hereditaments made to defraud any purchaser of the same in fee or taile for life or years shall as against such purchaser only and every other person lawfully claiming from by or under him be utterly void the said purchaser having obtained the same for money or some other good consideration 5. Every of the parties to such fraudulent conveyances or being privy thereunto who shall justifie the same to be made bona fide and on good consideration to the disturbance and hinderance of the purchasor or of any other lawfully claiming from by or under him shall forfeit one years value of the Lands or other hereditaments so purchased or charged to be divided betwixt the Queen and the party grieved and being thereof convicted shall suffer half a years imprisonment without bail 6. Conveyances made upon good consideration and bâ—na fide shall be good notwiâ—hstanding this Act. 7. If Lands be first conveyed with clause provision or condition of revocation determination or alteration and afterwards sold or charged for money or other good consideration before the first conveyance was revoked altered or made void according to the power given thereby In this case such first conveyances shall be void against the Vendee and all others lawfully claiming from by or under him Howbeit no lawful Mortgage made bona side without fraud shall be impeached by his Act. 8. All Statutes Merchant and of the Staple shall within six months after this acknowledgement be entred in the Office of the Clerk of Recognizances taken according to the Statute of 23 H. 8. 6. and the Clerk there upon shewing the same shall make entry thereof for which he shall have 8 d. and no more 9. Every such Statute which is not within four months after the acknowledgment thereof delivered to be entred accordingly shall be void against the purchaser of the Lands chargeable therewith and against his Heirs Successors Executors and Assignes 10. The said Clerk shall within the said six months make entry of every Statute to him delivered as aforesaid and shall indorse thereupon the day and year of such his entry with his own name in pain to forfeit for every Statute so brought unto him and not entred as aforesaid 20 l. to be devided betwixt the Queen and the prosecutor 11. The Clerk shall take for the search of a Statute but 2 d. for every such search in pain to forfeit to the party grieved twenty times so much as he takes above to be recovered in any Court of Record by Action of debt c. 12. Provided that this Act shall not extend to
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