have in every point degree and condition against the Recognisors their heires executors and Administrators such processe Execution commodity and Advantage as hath been had upon an obligation of the statute of the Staple and shall also pay like fees for the same 6. Here the Recognisor so bounden or otherwise grieved by such an obligation shall have like remedy by Audita Querela and all other remedies in law as upon obligations of the Statute of the staple 7. Upon the sealing of the processe for the execution of every such obligation the King shall have a halfe-penny in the pound 8. The Tenant by such a Recognisance his Executors or Administrators being outed shall have like remedy upon an obligation of a statute of the staple 9. The Justices or the Major and Recorder's fee for taking such a recognisance is 3 s. 4 d. the clarks fees is as much and his fees for certifying such obligation is 20 d. and none of them shall take more in pain of 40 l. 10. From henceforth the Major or Constable of the staple shall take no Recognisance of the statute of the staple in pain of 40 l. except between Merchants being free of the same staples for Merchandise of the said staple between them lawfully bought and sold 11. The forfeitures abovesaid are to be divided betwixt the King and the Prosecutor and proved by Information Action of Debt Bill or Plaint in which no Essoin c. shall be allowed Recoveries 1. A Termer for years may satisfie a feigned Recovery had against them in the Reversion and shall retain and enjoy his Term against the Recoverer his Heirs and Assignes according to his Lease 2. Also the Recoverer shall have like remedy against the Termer his Executors or Assignes by avowry or action of debt for rents and services reserved upon such Lease and due after such Recovery and also like action for waste done after such recovery as the Lessor might have had if such recovery had never been 3. No Statute of the Staple Statute Merchant or Execution by Elegit shall be avoided by such feigned recovery but such tenant shall also have like remedy to falsifie such Recoveries as is here provided for the Lessee for years 4. No feigned recovery hereafter to be had by assent of parties against any tenant or tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at that time of such recovery had shall be in the King shall bind or conclude the Heirs in tail whether any condition or voucher be had in any such feigned recovery or not but that after the death of every such Tenant in tail against whom such recovery shall be had the heirs in tail may enter hold and enjoy the Lands Tenements and Hereditaments so recover'd according to the form of the gift of tail the said Recovery notwithstanding 5. And here the Heirs of every such tenant in tail against whom any such recovery shall be had shall take no advantage for any recompence in value against the voucher and his heirs 6. This Act shall not extend to prejudice the Lessee or Lessees of such tenant in tail made by writing indented of any Manors Lands c. for 21 years or 3 lives or under whereupon the accustomed rent or rents is or shall be yearly reserved during the said term or terms but the same Lessee or Lessees shall enjoy his or their term or terms according to the Statute of 32 H. 8. 28. this Act notwithstanding 7. All Recoveries had or prosecuted by agreement of the parties or by Covin against tenants by curtesie tenants in tail after possibility c. for term of life or lives or of Estates determinable upon life or lives or of any Lands or Tenements or Hereditaments whereof such particular tenant is so seised or against any other with voucher over of any such particular tenant or of any having right or title to any such particular Estate shall from henceforth as against the Reversioners or them in Remainder and against their Heirs and Successors be clearly void 8. This Act shall not prejudice any person that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such recovery had by the assent and agreement of the person in reversion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting Rents 1. THe Executors or Administrators of tenant in fee-simple in fee-tail or for term of life of rent-services rent-charges rent-secks and fee-farms upon whom any such rent or fee-farm was due and unpaid at the time of his death shall have an action of debt for all the arrerages thereof against the tenant or tenants that ought to have paid them to their testator or against the Executors or Administrators of such tenant or tenants and shall also distrain for the said arrerages upon the Lands charged therewith so long as they continue in the seisin or possession of such tenant in demesne or of any other person proclaiming by or from him in like manner as their Testator might have done And the said Executors or Administrators shall likewise for the same Distress lawfully make avowry upon the matter aforesaid 2. This Act shall not extend to any Manor Lordship or Dominion in Wales or the Marches thereof where the inhabitants have used time out of mind to pay to every Lord or Owner of such Manors c. at their first entry into the same any summe or summes of Money for the discharge of all Duties Forfeitures and Penalties wherewith the Inhabitants were chargeable to any of their said Lords Ancestors or Predecessors before their such entry 3. If any person hath in right of his wife any estate in fee-simple fee-tail or for term of life in any such Rents or fee-farms and the same happen to be due and unpaid in his wives life such Husband after the death of his wife his Executors and Administrators shall have an action of debt for the said arrerages against the tenant of the demesne that ought to have paid the same his Executors or Administrators and shall likewise distrain for the same and make avowry as he might have done if his wife were living The like power hath tenant pur autre vie for arrerages due and unpaid in the life time of cestuy que vie Repleader 1. IN all Actions after issue had there shall be Judgement given notwithstanding any mispleading lack of colour in sufficient pleading or Jeofail miscontinuance discontinuance misconveying of Process mis-joyning of Issue lack of Warrant of Attorney of the party against whom the issue shall be tried or any other default or negligence of any of the parties their Councellors or Attorneys 2. Provided that every Attorney shall deliver or cause to be delivered his or their sufficient and lawful warrant of Attorney to be entred of Record for every Action or Suit wherein he
discontinuance or recoverie 2. Provided that the woman may enter after the husbands death But if the woman were sole the Recovery or discontinuance barreth her for ever 3. This act extends not to any recovery or discontinuance with the heir next inheritable to the woman or by his consent of record enrolled Dismes 1. EVery person shall without fraud yield and pay all predial Tythes as hath been used or of right or custome they ought to have been paid 2. None shall take or carry away any Tythes payd or that ought to have been payd as aforesaid before he hath justly divided and set forth for the use thereof the 10 th part thereof or otherwayes agreed for the same tythes with the Parson Vicar or other owner or proprietor or farmer thereof in pain to forfeit the treble value of the tythes so carried away 2. At Tything time it shall be lawfull for the owner claiming such predial tythes his deputy or Servant to see his said tythes be truly set out and severed from the nine parts and the same quietly to take and carry away 3. If any person carry away his Corn Hay or other predial tythes before they be set out or willingly withdraw his tythes of the same or other things whereof the tythes ought to be paid or do let such owner to view take and carry away such tythes by reason whereof they are lost impaired or hurt that then upon due proof thereof before a spiritual Judge the party so carrying away withdrawing or stopping shall pay the double value of the tythe so taken lost withdrawn or taken away before costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical laws 4. Tythe of Cattel feeding in a wast or common where the Parish is not known shall be payd by the owner of such Cattel in the Parish where he dwells 5. None shall be compelled to pay tythes for lands or other hereditaments which by the Laws and Statutes of the Realm or by any priviledge or prescription are not chargeable therewith or are discharged by any composition real 5. Barren Heath and wast ground other then such as be discharged from tythe by Parliament which hath heretofore payd no tythes by reason of the barrenness thereof but be now improved and converted to arable ground or meadow shall at the end of 7 years next after such improvement pay tithes or if they yield some small tythe before such improvement they shall only pay that same small tythe during the first 7 years but afterward shall pay the full tythe according to such improvement 6. Every person exercising Merchandice buying and selling or any other art or fuculty being such persons and in such places as heretofore have used to pay personal tythes within 40 years or of right ought to have payd them and not day Labourers shall yearly at or before Easter pay for his personal tythes the 10 th part of his clear gains reasonable charges and expences being deducted 7. Handycraft men having used to pay tythes within 40 years shall still pay them 8. The ordinary hath power to examine him that refuseth to pay his personal tythes by any lawfull meanes otherwise than by his own oath concering the payment of such tythes 9. Offerings shall be payd in the place where the party dwells at such 4 offering dayes as heretofore within the space of 4 years last past have been used for the payment thereof but in default thereof at Easter 10. Parishes that stand upon or towards the sea coast the commodities whereof consist much in fishing shall pay their tythes as they have done within 40 years and their offerings as aforesaid 11. This Act shall not extend to London or Canterbury or their Suburbs or to any other Town or place where the inhabitants have used to pay tythes by houses 12. Suites for substracting or withdrawing of tythes or other profits spiritual shall be prosecuted in the Ecclesiastical Court before the Ecclesiastical Judge who hath power no original or Prohibition hanging to Excommunicate the party disobeying the sentence and if he stand Excommunicate 40 dayes to certifie the Excommunication after publication at the place or parish where such party dwells into Chancery and thereupon to require processe de excommunicato capiendo to be awarded against the person so Excommunicate 13. Before a prohibition shall be granted the party Plaint ’ shall bring a true coppy of the libell exhibited into the Ecclesiastical Court concerning that suit subscribed with the hand of the party and thereunder shall be written the Suggestion whereupon the party demandeth such prohibition and the libell thus ordered shall be delivered to the Justices of the Court where the prohibition is so demanded and if such suggestion be not proved to that Court by 2 sufficient witnesses within 6 monthes next after such prohibition granted the other party shall upon request have consultation the double costs and damages awarded by the said court and may recover such costs and damages by action of debt 14 This act shall not give power to any Ecclesiastical Judge to hold plea of any matter against the meaning of the Statute of W. 2. c. 5. Articuli cleri circumspecte agatis Sylva caedua the treatise de regia prohibitione nor of 1 E. 3. 10. nor to any of them nor where the Kings court ought of right to have Iurisdiction 15. No tithes of marriage goods shall be paied in Wales or the marshes thereof Dower Iointure 1. WHere an estate is made in possession or use to husband and wife and his heires or the heires of their two bodies or to them for their lives or for the wives life for her Iointure in any of these cases she shall not have dower Howbeit upon a lawfull eviction of that Iointure she shall be endowed according to the rate of the husbands land whereof she was dowable 2. Such a Iointure being made after marriage the wife after her husbands death may refufe it and betake her to her dower unless such Iointure be made by Act of Parliament Entrie 1. Where a disseisor dieth seised of lands that descent shall not take away the entry of the disseisee or his heire unless the disseisor had peaceable possession thereof five years next after such disseisin committed 2. If any prisoner person for whose life or life 's any estates have been or shall be granted remaining beyond sea or otherwise absenting themselves the Realm for 7 years and no sufficient proof made of their lives shall thereupon be accounted naturally dead and if thereupon any person shall be evicted out of any lands or Tenements by virtue of the same act and afterwards the person upon whose life the estate depends shall return or be proved living or to have been living at the time of the eviction then the tenant or lessee who was ousted or his Executors c. may reenter repossess and enjoy the said land in their former estate so long
bowes and Arrowes according to the statute shall be prosecuted at the Assizes or Sessions of the County or at the Leet within which the Offence was committed and not elsewhere 10. Actions popular which may be presented before Iustices of Assise Nisi prius G. D. Oyer and Terminer or of P. shall be prosecuted onely in the Counties where the offences were committed except for Recusancy Maintenance Champerty buying of Titles concealing of customes c. or transporting of gold silver munition wool woolfells or leather 11. Upon default of proving that the offence was committed in the same County the defendant shall be found not guilty 12. The Informer shall make oath that the Osfence was committed in the same County where the action is laid and within one year before the suit commenced 13. The defend ’ in a popular action may plead the general issue and yet give special matter in evidence 14. An Informer shall exhibit his suit in proper person and pursue it by himself or by his Attorney in Court and that by way of Information or original action and shall have no deputy and all this in pain of 10. pound and the Pillory 15. A note of the time of exhibiting the Information shall be truly taken and from thenceforth it shall be accounted to be of record before which time no processe shall issue out upon it 16. The Clark that makes out the processe shall indorse the Informers name and also the statute upon which the Information is grounded in pain of 40 s. 17. No Jury shall appear at Westminster for a Tryal upon any penal law when the offence was committed above 30 miles from Westminster except the Attorney general for some reasonable cause require the same 18. No Informer shall compound with any defend ’ before answer nor then but by consent of Court in pain of 10 l. and the pillory 19. Where the Informer delayes or discontinues his suit or otherwise is Nonsuit or overthrown the court shall assigne costs to the defend ’ to be immediatly levied by Execution issuing out of the same Court 20. Iustices of Oyer and Terminer Assize and Peace in their Sessions have power to hear and determine these offences 21. This Act shall not restrain Actions brought for Maintenance Champerty buying of titles or Imbruary nor any certain person or body Politique to whom any forfeiture or penalty is specially limited nor certain Officers who have lawfully used to exhibite Informations Amendment 1. THE Justices before whom any default shall be found by misprision of a Clerk in one syllable or letter too much or too little in any Record or Process may amend the same as well aster Judgment as before so long as such Record or Process shall continue before them 2. This shall not extend to any Record or Process whereby any person is out-Lawed nor to Wales 3. No Judgment or Record shall be reversed or annulled for error assigned by reason of the razing or interlining of any Record Process Warrant Writ Pannel or Return or of any Addition Substracton or Diminution of Words Letters Titles or parcel of Letters found in the same 4. The Judges may reform all desects in any Record Process Wards Plea Warr ’ Writ Pannel or Return except Appeals Indictments of Treason or Felony and Outlawries of the same and the substance of the proper names sur-names and Additions left out in Original Writs Exigents and in other Writs of Proclamation contrary to he Statute of 1 H 5 5. concerning Additions so that by such misprision of the Clerk no Judgment shall be reversed or annulled 5. Variance alledged between a Record and the certificate thereof shall be amended by the Judges 6. If a Record Process Writ Warrant Pannel Return or any parcel thereof be exemplified under the great Seal and inrolled for any Error assigned in the said Record c. in any Letter Word Clause or Matter varying or contrary to the exemplification or enrollment there shall be no Judgment reversed or annulled 7. The Justices may amend the misprision and defaults of Clerks of the Court or of Sheriffs their Clerks and of all other Officers whatsoever found before them in any Record or Process or the Return of the same by reason of writing one letter or one syllable too much or too little except in Records and Processes within Wales and of Felonies and Treasons and the dependants of the same 8. After demurrer joyned and entred the Judges shall proceed and give Judgment according to the right of the cause and matter in Law without regard to any defect in the proceeding except such only as the party shall express together with his Demurrer After which time no Judgment shall be reversed by Writ of Error or for any other defect then such as he shall there mention and if there happen to be any other the Judges may amend there 9. This Act shall not extend to the proceeding in an Appeal of Felony or Murder upon an Indictment Presentment or penal Statute Attaint 1. HE in the reversion shall have an Attaint or writ of Error upon a false Verdict found or an erroneous Judgment given against the particular Tenant 2. If the Oath be found false or the Judgment erroneous and the Tenant still in life he shall be restored to his possession and issues and the Reversioner to the arrerages But if he be dead or be found of Covin with the demandant the Reversioner shall have all Yet the Tenant may traverse the Covin by scire facias out of the Judgment or writ of Attaint if he please 3. Upon every untrue Verdict before Iudges of Record except where the thing in demand extendeth not to the value of 40. l. or concerneth life the party grieved shall have an Attaint against the pettie Jury and also against the party that hath the Judgement thereupon 4. The Process here shall be Summons Resummons and distress infinite as well against the petty Jury and the party as against the grand Jury who shall be of the accustomed number and have Lands to the yearly value of 20 markes out of Auntient demesne 5. The distresse shall be awarded 15 dayes before the return of it and shall be made upon the land of every one of the grand Jury as is used in other distresses 6. Albeit the Defend ’ or petty Jury or some of them appear not yet the Grand Jury shall proceed 7. If any of the petty Jury appear the Plaint ’ shall assigne the false serement whereunto the petty Jury shall have no other answer if they be the same persons and the writ process and assignement be good but that they made true serement which shall be tryed by 24 of the grand Jury unless the Plaint ’ hath before been nonsuited or discontinued his suit or had Judgement against the Jury for the same Verdict 8. Howbeit that the Defend ’ may plead that they gave a true verdict or any other matter
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
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
be entred in the office of Assurance in London 2. This Commission shall be directed to the Judge of the Admiraltie the Recorder of London 2 Doctors of the Civil 2 Common Lawyers and 8 grave or discreet Merchants or to 5 of them which Commissioners or the greater part of them shall have power to hear and determine all such causes in a brief and Summary course as to their discretion shall seem meet without formality of pleadings or proceedings 3. The Commissioners have also power to Summon parties Examine witness upon Oath and commit to prison such as contemn or disobey their orders or decrees They shall meet and sit once a week at the least in the office of assurance or in some other convenient publick place for the execution of the said commission and no fees shall be there exacted by any person whatsoever 4. If any be grieved by their Sentence or decree he may exhibit his bill in Chancery for the reexamination thereof so as he first satisfie the sentence so awarded or deposite with the Commissioners the sum awarded and then albeit he be imprisoned he shall be enlarged and here the Lord Chancellor or Keeper hath power to reverse or affirme every such sentence or decree and in case it be affirmed to award the party assured double costs 5. No Commissioner shall meddle in the execution of the Commission wherein he is party assurer or assured not until he hath taken his Corporal Oath before the Major and Court of Aldermen to proceed uprightly and indifferently between party and party only the Judge of the Admiralty is excused from that Oath 6. Upon some defects in the statute of 43 El. c. 12. It is enacted that the Lord Chancellor or keeper of the great Seal shall yearly issue out one standing Commission authorising Commissioners or any 3 of them whereof a doctor of the Civil Law or a Barrister of the Common Law be alwayes one of 5 years Standing to make a Court of policies of assurance and an Act as any five before might have done 7. The said Commissioners or any 3 of them impowered to Summon parties and witnesses and upon contempts and delays in the witnesses upon first Summons and reasonable Charges and in the parties upon second Summons to imprison offenders or to give every Commissioner having taken the Oath before the Lord Major of London to proceed uprightly in the Execution of the said Commission 8. Commissions may issue out of the Court of Admiralty for examining witnesses beyond sea or in remote place by direction of the said Commissioners or any three of them and decrees may be made against the body and goods and against the Executors c. and Execution accordingly and assess costs of suit as to them shall seem meet 9. Any of the said Commissioners may administer an Oath to any witness legally summoned so as the adverse party have timely notice to the end Witnesses may be truly examined 10. Provided That in no case Execution be against Body and Goods for the same debt 11. Provided That an Appeal may be to the Chancery as in the said former Act. Powers 1. LEases made by tenant in tail or by him who is seised in the right of his wife or Church they being of full age at the time of such Lease made shall be good and effectual in the Law against the Lessors their Wives Heirs and Successors 2. The Statute shall not extend to any Lease made of Lands in the hands of any Farmer by force of any old Lease unless such old lease expire within a year after the making of the new nor to any grant to be made of any Reversion of any Manors Lands c. nor to any Lease of any Manors Lands c. which have not been let to farm or occupied by Farmers 20 years before such Lease made nor to any Lease to be made without impeachment of waste nor to any Lease to be made for above 21 years or 3 lives from the day of the making thereof and that upon every such Lease there be reserved so much yearly as hath been usually paid for the Lands so let within 20 years next before such Lease made and the Reversioners of the Manors Lands c. so let after the death of such Lessor or his Heirs may have such remedy against such Lessee his Executors and Assignes as such Lessor might have had against such Lessee 3. That all Leases made by the Husband of Manors Lands c. being the inheritance of the Wife and she to seal to the same and the rent shall be reserved to the Huband and Wife the heirs of the Wife and here the Husband shall not Alien or discharge the rent or any part thereof longer than during the Coverture unless it be by Fine levied by Husband and Wife 4. This Act shall not extend to give liberty to take more Farms or Leases than might have been taken before this Act nor to any Parson or Vicar to make any Lease otherwise than they might have done before 5. All Leases for years made within three years before the 12 of April in the 31 of H. 8. by writing indented under seal by any person of full age sane memory and not lawfully contracted or Covert-Baron of any Manors Lands c. wherein he or they have an estate of inheritance to his or their own use at the time of the making thereof and whereof the Lessee or Lessees or their A signes now have the possession by force of such Lease or Leases and no cause of re-entry or forfeiture thereof had or made shall be good in Law against such Lessors their Heirs and Successors so as so much yearly rent be reserved for the same as was paid for the same within 20 years next before the making of such Lease or Leases or else such Lease or Leases to be of no other force than they were before the making of this Act. 6. No Fine Feoffement or other Act done by the Husband only of the inheritance of free-hold of the Wife shall make any discontinuance or prejudice the Wife or any other who is to enjoy it after her decease the fines levied by the Husband and Wife only excepted 7. This Act shall not give liberty to the Wife or her Heirs to avoid any Lease hereafter to be made of the Wifes inheritance by the Husband Wife for 21 years or under or three lives whereupon the accustomed yearly rent for 20 years before is reserved according to the tenor of this act 8. This Act shall not extend to the making good any Lease made by any Ecclesiastical person which are made void by Authority of Parliament or by any such person or other now attainted of Treason 9. All Estates made by any Arch-Bishop or other Bishop of any Manors Lands c. parcel of the possessions of their Bishoprick or united or appertaining thereunto to any person or persons body Politique or Corporate other than to the Queen
her Heirs and Successors and other than for the term of 21 years and 3 lives from the time of such Estate made and whereupon the accustomed yearly rent or more shall be reserved and payable yearly during such term for 21 years or 3 lives shall be void to all intents and purposes 10. All Leases Conveyances or Estates made by any Master or Fellows of any Colledge Dean and Chapter of any Cathedral or Collegiate Church Master or Gardian of any Hospital Parson Vicar or any other having any spiritual or Ecclesiastical Living or any Houses Lands Titles or other Hereditaments being parcel of their Colledge Cathedral Church Chapter Hospital Parsonage Vicarage or other spiritual promotion or belonging thereunto other than for 21 years or 3 lives from the making thereof and whereupon the accustomed yearly rent shall be reserved and payable yearly during the term shall be utterly void to all intents and purposes 11. This Act shall not make good any Lease or other Grant against the private Statutes of any Colledge or Collegiate Church 12. This Act shall not be extended to any Lease hereafter to be made upon surrender of a former Lease or by reason of any Covenant or condition contained in any former Lease and so continuing so as the Lease to be made contain not more years than the residue of the years of such former Lease nor any less rent than is thereby reserved 13. All Leases made by such persons as are mentioned in 13 El. 10. where another Lease is in being not to be expired surrendred or ended within three years next after the making such new Lease shall be void and all Bonds and Covenants for the removing any such Lease contrary to this Act or the said Statute of 13 El. 10. shall also be void howbeit this Act shall not extend to any Lease or Leases heretofore made to any such person or persons 14. Upon complaint to the Ordinary and sentence given upon any offence committed by the Incumbent against the Statute 13 El. 20. whereby he ought to lose the profits of his Benefice the Ordinary within two months after such sentence given and request made by the Church-wardens or one of them shall grant the sequestration thereof to such inhabitant or inhabitants there as to him shall seem convenient and upon default in the Ordinary it shall be lawful for every parishioner there to retain his Tythes and for the Church-wardens to take the profits of the Glebe and other rents and duties of such Benefice to be employed to the use of the poor until the sequestration shall be commited by the Ordinary and then the Church-wardens or Parishioners are to accompt to him or them to whom such sequestration shall be committed and he or they shall imploy the said profits to such uses as by the said Statute of 13 El. c. 20. are appointed in pain to forfeit the double value of the profits withholden to be recover'd in the Ecclesiastical Court by the Poor of the Parish 15. All assurances of Bishops Lands to the King shall be void Process 1. LIke Process shall be hereafter had in actions upon the Case sued in the Kings Bench or Common pleas as in actions of Trespasse or Debt 2. Original writs may be sued upon personal actions in the Fleet and an Habeas corpus granted to bring them to the barre to answer any suit and Declaration being put in and the defend ’ not pleading Judgment may be entred by Nihil dicit and the prisoner charged in Execution upon notice thereof to the Warden of the Fleet by Rule of Court Prohibition 1. NOne shall be cited to appear out of the Diocesse or peculiar jurisdiction where he or she liveth except by some Ecclesiastical or other person within the Diocesse or other jurisdiction wherein he is so cited for some offence or cause commited or omitted contrary to right or duty or upon an appeal or other lawful cause or when the Judg dares not nor will not cause him to be cited nor is any way party to the suit or at the Instance of the Inferiour Judge to the Superiour where the law Civil or Canon doth allow it and all this in pain to forfeit double damages to the party grieved and 10 l. to the King to be divided betwixt him and the prosecutor 2. The Arch-Bishop may cite for heresie in any Diocesse within his province upon consent or neglect of the Bishop or Judge there 3. This Act shall not restrain the Jurisdiction of the Prerogative Court for probate of Testaments 4. The Ecclesiastical Judge shall take but 3 d. for a citation upon the pains aforesaid Recognisance 1. THe Chief Justices of the Kings-Bench and common Pleas or either of them or in their absence out of the Terme the Major of the Staple at Westminster and the Recorder of London jointly together shall have power to take recognisances for the payment of debts in this forme following Noverint universi per praesentes nos A. B. and D. C. teneri firmiter obligari Joanni Stile in cent ’ libr ’ Sterling solvendis eidem Ioanni aut su◠cert ’ Attornat ’ hoc script ’ ostend ’ haered ’ vel Execut ’ suis in tal ’ fest ’ c. proxim ’ futur ’ post dat ’ praesent ’ si defecero vel defecerimus in solutione debit ’ praedict ’ Volo conced ’ Vel sic Volumus concedimus quod tunc currat super me haered ’ Execut ’ meos Vel super nos quemlibet nostrum haered ’ Execut ’ nostros poena in Statuto stapul ’ de debit ’ pro Marchandisis in ead ’ emptis recuperand ’ ordinat ’ provis ’ Dat ’ tali die Anno Regni Regis c. 2. Such obligation shall be sealed with the seal of the Recognisor or Recognisors as also with such a seal as the King shall appoint for that purpose and with the seal of one of the Chief Justices or the seals of the said Major of the staple and Recorder and every of the said Justices and the said Major and Recorder shall have the Custody of one such seal to be appointed by the King as aforesaid 3. The Clerke of the Recognisances to be also appointed by the King or his sufficient deputie or deputies shall write and inroll such obligations in two several Rolls indented whereof one shall remain with such of the said Justices or with the said Major and Recorder that take such Recognisance and the other with the writer thereof also such Clerke or his deputie or deputies shall be dwelling or abiding in London and shall not be absent from thence by the space of two days in pain to forfeit 10 l. 4. The Clerk or his deputie at the request of the Creditors their Executors or Administrators shall certifie such obligations in the Chancery under his or their seal 5. The Recognisees of such obligations their Executors and Administrators shall
is named Attorney to the Officer or his Deputy ordained for the receit and entring thereof in the same term when the issue of the said Action is entred of Record or before in pain to forfeit 10 l. to the King and to suffer imprisonment at the discretion of the Justices of the Court where such Action depends Replevin 1. FOr more speedy and effectual proceeding upon distress and avowries for Rents Enacted that when any Plaintiff in Replevin by Plaint or Writ returned removed or depending in any of the Kings Courts at Westminster the Defendant making a suggestion in nature of an Avowry or Conusance for such rent to ascertain the Court of the cause of the Distress the Court upon his Prayer shall award a Writ to the Sheriff of the County where the distress was taken to enquire by the Oathes of 12 good and lawful men of his Bailywick touching the summe in arrear at the time of such distress taken and the value of the goods or chattels distrained And thereupon 15 dayes shall be given to the Plaintiff or his Attorney in Court of the sitting in such inquiry and thereupon the Sheriffs shall inquire of the truth of the matter contained in such Writ by the Oath of 12 good and lawful men of his County and upon return of such Inquisition the Defendant shall have Judgement to recover against the Plaintiff the arrerages of such rent in case the Goods or Cattle distrained shall amount unto that value and if they amount not to that value then so much as the value of the said Goods and Cattle so distrained shall amount unto together with full costs of suit and shall have execution thereupon by Fieri facias or Elegit or otherwise as the Law shall require And in case such Plaintiff shall be non-suit after conusance or avowry made and issue joyned or if the Verdict shall be given against such Plaintiff then the Jurors that are impannelled or returned to enquire of such Issue shall at the prayer of the Defendant enquire concerning the summe of such Arrears and the value of the Goods and Cattle distrained And thereupon the Avowant or he that makes conusance shall have Judgement for such Arrerages or so much thereof as the Goods or Cattel distrained amounts unto together with his full costs and shall have execution for the same by Fieri facias or Elegit or otherwise as the Law shall require 2. And if any Judgement in any of the Courts aforesaid be given upon demurrer for the Avowant or him that maketh conusance for any rent the Court shall at the prayer of the defendant award a writ to enquire of the value of such distresse And upon returne thereof Judgment shall be given for the avowant or him c. for the arreares alledged to be behind in such avowry or Conusance if the goods or Cattel so distreined amount to that value And if they shall not amount to that value then for so much as the said goods or cattel so distreined shall amount unto together with his full costs of suit and shall have like execution as aforesaid 3. Provided that in all cases aforesaid when the value of the cattel distreined as aforesaid shall not be found to be to the full value of the arreares distreined for that the party to whom such arreares were due his Executors or Administrators shall from time to time distrein again for the residue of the said arreares Resceipt 1. IF any tenant for life in Dower by the law of England or in taile after possibility of issue extinct be impleaded and in the reversion come into the Court and pray to be received to defend his right at the day that the tenant pleadeth to the action or before he shall be then received to defend his right and after such receipt the business shall be hasted as much as may be by the law without any delay whatsoever of either side And therefore here days of grace shall be given by the discretion of the Judges between the demandant and the party so received and not the common day in plea of land unless the demandant will thereunto consent lest the demandants may be too much delayed because they must plead to two Adversaries 2. Howbeit they in the reversion who so pray to be received shall find sureties for the issues of the tenements demanded for the time that the demandants be delayed after the plea determined between the demandants and tenants if the Judgement pass for the demandant against them in the reversion as well where the receipt is counterpleaded as where it is granted Simonie 1. IF any person or persons having election or voice in the nomination or choice of any person to have place in any Church Colledge School Hospital Hall or other society shall take any reward directly or indirectly or any promise or assurance thereof directly or indirectly for such their Election or voyce that then their Election shall be void and that then such person that hath power to dispose thereof may dispose of the same as if the person before elected were actually dead 2. If any person of such societies take any reward or assurance thereof directly or indirectly for resigning such place the party giving it shall forfeit the double value thereof and the party taking it shall be uncapable of such place and also then the party to whom such place appertaines may dispose thereof as aforesaid 3. At every Election this statute and the statutes which concern election shall be read 4. The forfeitures which shall be by this statute shall be divided between the Queen and the prosecutor 5. If any person for any reward or assurance thereof directly or indirectly taken doe present or collate any person to any benefice with cure of Souls Dignity Prebend or living Ecclesiastical or give or bestow the same for any corrupt consideratio nevery such presentation collation gift and bestowing and every admission Institution or investiture and induction thereupon shall be voyd and from thenceforth the Queen her heires and Successors may present or Collate thereunto or give or bestow the same for one turn only 6. None shall give or take any such reward or take or make any assurance in pain to forfeit the double value of one years profit of such spiritual promotion and the person taking such promotion shall be disabled in Law to enjoy the same 7. If any person for any such reward or assurance thereof except lawful fees admit institute instal induct invest or place any person in any spiritual promotion the party so offending shall forfeit the double value of one years profit of such promotion and such Institution c. shall be void and then the patron or other person to whom the next gift appertaines may present or collate thereunto 8. Howbeit no lapse shall incurr upon any such violence untill 6 monthes after notice given by the Ordinary to the Patron 9. If any Incumbent of any benefice with cure
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