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
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
only to such Statutes as be for the payment of money and to such extents as shall be within 20 years after the Statute Recognizance or Judgement had 9. This Act to continue for three years and from thence to the end of the next session of Parliament and no longer 10. Where any Judgement after a Verdict shall be had by or in the name of any Executors or Administrators in such case an Administrator de bonis non may sue forth a scire fac ’ and take Execution upon such Judgement 11. This Act to continue for the space of five years and from thence to the next sessions of Parliament Executor THe Ordinarys shall depute the next and most lawful friends of the intestate to administer the goods which deputies shall have the benefit and incurr the charge of an Executor and shall also be accountable to the Ordinaries as Executors 2. Administration of intestates goods shall be granted to the widdow or next of kin to the intestate or both as the ordinary shall think fit 3. The Ordinary or other person enabled to make distribution of the surplusage of the Estate of the Intestate shall distribute one third to the wife and all the residue equally amongst the children and such persons as legally represent his Children in case any of them be dead other than such child or children not being heire at Law who shall have any Estate by the Settlement of the intestate or shall be advanced by the intestate in his life time by portion or portions equal to the share that shall by such distributions be allotted to the other children to whom such distribution is to be made and in case any child other than the heire at Law who shall have any Estate by Settlement from the said intestate or shall be advanced in his life time by the intestate by portion not equal to the share which will be due to the other children by such distribution as aforesaid then so much of the Surplusage of the Estate of the Intestate to be distributed to such child or children as shall have any such Land or Settlement from the Intestate or were advanced in his life time as shall make the Estate of all the said children to be equal as near as can be estimated But the heire at Law notwithstanding any Land that he shall have by descent or otherwise from the Intestate is to have an equal share in the distribution with the rest of the children without any consideration of the value of the Land which he hath by descent or otherwise from the Intestate 4. And in case there be no children nor any legal representatives of them then one moyetie of the said Estate to be allotted to the wife of the intestate the residue of the said Estate to be distributed equally to every of the next of kindred of the Intestate who are in equal degree and those who legally represent them 5. Provided that there be no representatives amongst collaterals after Brother and Sisters children and in case there be no wife then the Estate to be equally distributed to and amongst the Children and in case there be no Children then to the next of kindred in equall degree of or unto the Intestate and their Legal Representatives and in no other manner whatsoever 6. No such distribution shall be made till after one year after the Intestates death and every one to whom any Share shall be allotted shall give bond with Sureties in the said Courts to secure the Administrator pro rata if any debts be afterwards recovered 7. This Act to continue for 7 years and from thence to the next Session of Parliament 8. Executors shall have an action for a trespass done to their Testator as for his goods and Chattells carried away in his Life and shall recover their dammage in like manner as he whose Executors they are should have done if he had lived 9. Executors of Executors shall have actions of debt account and of goods carried away of the first testators and Execution of Statute Merchants and recognisances made unto him and shall also answer to others so far forth as they shall recover of the first testators goods as the first Executors should have done 10. That part of the Executors which take upon them the charge of a will may sell any land devised by the Testator to be sold albeit the other part which refuse will not joyne with them 11. If any person shall obtain any goods or debts of an intestate or releases or other discharge of any debt or duty which belonged to the intestate by fraud or by procuring the Administration to be granted to a stranger of mean estate and not to be found with intent thereby to obtain the intestates estate and not upon valuable consideration or in satisfaction of some just debt answerable to the value of the goods so obtained in such case such person shall be chargeable as Executor of his own wrong so far as the value of the goods or debts so obtained shall amount unto Howbeit he shall also be allowed such reasonable deductions as other Executors or Administrators ought to have Fines 1. AFine shall after the ingrossing thereof be openly read and proclaimed in the common pleas the same term and there the three next terms after upon four several days and in the mean time all pleas shall cease 2. A transcript of the fine shall be sent to the Justices of Assize of the County where the land lyeth to be there also proclaimed at every Assize holden there that year and then also all pleas shall cease 3. An other transcript thereof shall be also sent to the Justices of Peace of the same County to be in like sort proclaimed at their four Sessions holden that year And both the Justices of Assize and Peace shall make Certificate of such proclamation made the second return of the term then next following 4. A fine so proclaimed and certified shall conclude all persons both privy and Strangers Except women covert other than such women as the parties to the fine persons under age in prison out of the realm or out of sound mind if they pursue not their right title claime interest by way of action or lawful entry within 5 years after the proclamations so made and certified as aforesaid 5. The right of Strangers which happens to come unto them after the fine is engrossed is saved so that they pursue their right or title within 5 years aster it so comes to them and here an action against the pernor of the profits is maintainable 6. If the parties to whom such right or title comes be covert under age in prison out of the Land or of non sane memory they or their heirs have time to pursue their right or title within 5 years after such imperfections removed so also have they in case they had right of title at the time of the fine levied 7. Fines at
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
as the persons upon whose lives the estate depends shall live and shall recover against the lessors c. or other persons upon action for damages the full profits with lawfull interest Error 1. HE in reversion shall have a writ of Error upon an erroneous Judgment given against tenant for life 2. For preventing abatement of writs of Error upon Judgment in the Exchequer enacted That the not coming of the Lord Chancellor and Lord Treasurer or either of them at the day of the return of any writ of Error to be sued forth by Vertue of the Statute 31 Ed. 3. c. 12. recited in the Statute 31 El. c. 1. shall not cause any abatement or discontinuance of any such writ of Error But if both the Chief Justices of either Bench or either of them or any one of the said great officers the Lord Chancellour or Lord Treasurer shall come to the Exchequer Chamber and there be present at the day of the return of any such writ of Error it shall be no abatement or discontinuance But the suit shall proceed to all intents as if the said Lord Chancellour and Lord Treasurer had come and been present at the day and place of return of such writ 3. After a verdict of 12 men in any action suit bill or demand commenced after the 25 th of March 1665. in any of the Courts of Record at Westminster or Courts of Record in the County Palatine of Chester Lancaster or Durham or Court of the great Session or in any of the 12 shires of Wales Judgment thereupon shall not be stayed or reversed for default in forme or lack of forme or lack of pledges or but one pledge to prosecute returned upon the Original writ or for default of entring of pledges upon any bill or declaration or for default of bringing into Court of any Bond Bill Indenture or other deed whatsoever mentioned in the declaration or other pleading or for default of allegation of the bringing into Court of letters Testamentary or letters of Administration or by reason of the Omission of Vi armis or contra pacem or for mistaking of the Christian name or Sur-name of the plaint ’ or defend ’ demand ’ or Tenant summe or summes of money day month or year by the Clarke in any Bill Declaration or pleading where the right name Sur-name summe day of the month or year in any writ plaint Roll or Record preceeding or in the same Roll or Record where the mistake is committed is rightly alledged whereunto the plaintiffe might have demurred and shewen the same for cause Nor for want of the averrment of Hoc paratus est Verificare per Recordum or for not alledging prout patet per Recordum or for that there is no right Venue so as the cause were tryed by a Jury of the proper County or place where the acted is layd 4. Nor any Judgment after Verdict confession by Cognovit actionem or relicta verificatione shall be reversed for want of misericordia or Capiatur or by reason that a Capiatur is entered for a misericordia or a misericordia for a Capiatur Nor that Ideo concessum est per Curiam is entered for ideo consideratum est per Curiam nor for that encrease of costs after a Verdict in any action or upon a nonsuit in Replevin are not entred to be at the request of the party for whom the Judgment is given nor by reason that the costs in any acton whatsoever are not entered to be by consent of the plaint ’ But that all such omissions variances defects and other matters of like nature not being against the right of the matter of the suits nor whereby the issue or Tryal are alter'd shall be amended by the Justices and other Iudges of the Courts where such Judgments are or shall be given or whereupon the record is or shall be removed by writ of errour 5. Provided this Act extend not to any writ declaration or suit of Appeal of Felony or Murther nor any Indictment nor presentment of Felony Murther Treason or other matter nor to any processe upon any of them nor to any writ Bill action or Information upon any penal Statute other than concerning Customes and subsidies of Tunnage and poundage 6. And after the 20 th of March 1664. no execution shall be stayed in any of the aforesaid Courts by writ of Errour or supersedeas thereupon after Verdict and Judgment in any action personal whatsoever unless a recognisance with condition according to the former Statute made 3 Jac. c. 8. shall be first acknowledged in the Court where such Judgment shall be given 7. In writs of Errour to be brought upon any Iudgment after Verdict in any writ of Dower or of Ejectione firmae no Execution shall be stayed unless the plaint ’ in such writ of Error shall be bound to the plaint ’ in such writ of Dower or Ejectione firmae in such reasonable summ as the Court to which such writ of Error shall be directed shall think fit with condition that if the Judgment shall be affirmed in the said writ of Error or the writ of Error discontinued in default of the plaint ’ therein or that the said plaint ’ be nonsuit in such writ of Error that then the plaint ’ shall pay such costs dammages and summs of money as shall be awarded after such Iudgment affirmed discontinuance or nonsuit And the Court wherein such execution ought to be granted upon such affirmation discontinuance or nonsuit shall issue a writ to enquire as well of the mean profits as of the damages by any wayes committed after the first Iudgment in Dower or Ejectione firmae And upon return thereof Iudgment shall be given and execution awarded for such mean profits and damages and for costs of suit 8. Provided this Act extend not to any writ of Error to be brought by any Executor or Administrator nor any action Popular nor to any other action which is or shall be brought upon any penal law or statute except actions of debt for not setting forth of Tythes Nor to any Indictment presentment Inquisition Information or Appeal 9. This Act to continue in force for three years and to the end of the next session of Parliament after the said three years and no longer 10. In all Actions personal real or mixt the death of either party between the Verdict and Judgement shall not be alledged for error so as such Judgement be entred within two terms after such Verdict 11. This Act to continue for the space of five years and from thence to the end of the next Sessions of Parliament 12. Judgement shall or may be given in any Suit or Writ or Writs of Error in the Exchequer in the preseuce of the Lord Keeper notwithstanding the vacancy of a Lord Treasurer in such manner as hath been accustomed where there was present both the Chancellor and the Lord Treasurer Excommengement 1. EVery Writ de
her Heirs and Successors and other than for the term of 21 years and 3 lives from the time of such Estate made and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives shall be void to all intents and purposes 10. All Leases Conveyances or Estates made by any Master or Fellows of any Colledge Dean and Chapter of any Cathedral or Collegiate Church Master or Gardian of any Hospital Parson Vicar or any other having any spiritual or Ecclesiastical Living or any Houses Lands Titles or other Hereditaments being parcel of their Colledge Cathedral Church Chapter Hospital Parsonage Vicarage or other spiritual promotion or belonging thereunto other than for 21 years or 3 lives from the making thereof and whereupon the accustomed yearly rent shall be reserved and payable yearly during the term shall be utterly void to all intents and purposes 11. This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or Collegiate Church 12. This Act shall not be extended to any Lease hereafter to be made upon surrender of a former Lease or by reason of any Covenant or condition contained in any former Lease and so continuing so as the Lease to be made contain not more years than the residue of the years of such former Lease nor any less rent than is thereby reserved 13. All Leases made by such persons as are mentioned in 13 El. 10. where another Lease is in being not to be expired surrendred or ended within three years next after the making such new Lease shall be void and all Bonds and Covenants for the removing any such Lease contrary to this Act or the said Statute of 13 El. 10. shall also be void howbeit this Act shall not extend to any Lease or Leases heretofore made to any such person or persons 14. Upon complaint to the Ordinary and sentence given upon any offence committed by the Incumbent against the Statute 13 El. 20. whereby he ought to lose the profits of his Benefice the Ordinary within two months after such sentence given and request made by the Church-wardens or one of them shall grant the sequestration thereof to such inhabitant or inhabitants there as to him shall seem convenient and upon default in the Ordinary it shall be lawful for every parishioner there to retain his Tythes and for the Church-wardens to take the profits of the Glebe and other rents and duties of such Benefice to be employed to the use of the poor until the sequestration shall be commited by the Ordinary and then the Church-wardens or Parishioners are to accompt to him or them to whom such sequestration shall be committed and he or they shall imploy the said profits to such uses as by the said Statute of 13 El. c. 20. are appointed in pain to forfeit the double value of the profits withholden to be recover'd in the Ecclesiastical Court by the Poor of the Parish 15. All assurances of Bishops Lands to the King shall be void Process 1. LIke Process shall be hereafter had in actions upon the Case sued in the Kings Bench or Common pleas as in actions of Trespasse or Debt 2. Original writs may be sued upon personal actions in the Fleet and an Habeas corpus granted to bring them to the barre to answer any suit and Declaration being put in and the defend ’ not pleading Judgment may be entred by Nihil dicit and the prisoner charged in Execution upon notice thereof to the Warden of the Fleet by Rule of Court Prohibition 1. NOne shall be cited to appear out of the Diocesse or peculiar jurisdiction where he or she liveth except by some Ecclesiastical or other person within the Diocesse or other jurisdiction wherein he is so cited for some offence or cause commited or omitted contrary to right or duty or upon an appeal or other lawful cause or when the Judg dares not nor will not cause him to be cited nor is any way party to the suit or at the Instance of the Inferiour Judge to the Superiour where the law Civil or Canon doth allow it and all this in pain to forfeit double damages to the party grieved and 10 l. to the King to be divided betwixt him and the prosecutor 2. The Arch-Bishop may cite for heresie in any Diocesse within his province upon consent or neglect of the Bishop or Judge there 3. This Act shall not restrain the Jurisdiction of the Prerogative Court for probate of Testaments 4. The Ecclesiastical Judge shall take but 3 d. for a citation upon the pains aforesaid Recognisance 1. THe Chief Justices of the Kings-Bench and common Pleas or either of them or in their absence out of the Terme the Major of the Staple at Westminster and the Recorder of London jointly together shall have power to take recognisances for the payment of debts in this forme following Noverint universi per praesentes nos A. B. and D. C. teneri firmiter obligari Joanni Stile in cent ’ libr ’ Sterling solvendis eidem Ioanni aut su◠cert ’ Attornat ’ hoc script ’ ostend ’ haered ’ vel Execut ’ suis in tal ’ fest ’ c. proxim ’ futur ’ post dat ’ praesent ’ si defecero vel defecerimus in solutione debit ’ praedict ’ Volo conced ’ Vel sic Volumus concedimus quod tunc currat super me haered ’ Execut ’ meos Vel super nos quemlibet nostrum haered ’ Execut ’ nostros poena in Statuto stapul ’ de debit ’ pro Marchandisis in ead ’ emptis recuperand ’ ordinat ’ provis ’ Dat ’ tali die Anno Regni Regis c. 2. Such obligation shall be sealed with the seal of the Recognisor or Recognisors as also with such a seal as the King shall appoint for that purpose and with the seal of one of the Chief Justices or the seals of the said Major of the staple and Recorder and every of the said Justices and the said Major and Recorder shall have the Custody of one such seal to be appointed by the King as aforesaid 3. The Clerke of the Recognisances to be also appointed by the King or his sufficient deputie or deputies shall write and inroll such obligations in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Major and Recorder that take such Recognisance and the other with the writer thereof also such Clerke or his deputie or deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. 4. The Clerk or his deputie at the request of the Creditors their Executors or Administrators shall certifie such obligations in the Chancery under his or their seal 5. The Recognisees of such obligations their Executors and Administrators shall