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
make good any purchase made void by reason of any former conveyance so as the party so making void the same his Heirs or Assignes were the first day of this Parliament in actual possession of the Lands out of which any such Purchase Lease Charge or Profit was made Habeas Corpus 1. IF a Corpus cum causa or Certiorari be granted out of the Chancery to remove one that is in prison upon an Execution at another mans suit he shall be remanded 2. No Writ of Habeas Corpus or other Writ sued forth to remove an Action shall be allowed unless it be delivered to the Judge or Officer of the Court before the Jury appear and one of them be sworn 3. No Writ to remove a suit commenced in an inferior Court shall be obeyed unless delivered to the Steward c. of the same Court before issue or demurrer joined so as such issue or demurrer be not joined within six weeks after the Arrest or Appearance of the defendants 4. An Action or Suit once remanded shall never afterwards be again removed 5. When the thing in demand exceedeth not 5 l. the suit shall not be removed by any writ save only by Writs of Error or Attaint 6. This Act shall only extend to Courts of Record where an Utter Barrester of three years standing is Judge Recorder Steward or c. or assistant to such Officer there and not of Councel in any action there depending 7. Neither shall this Act extend to any Action which cannot be tried in such inferiour Courts Hue and Cry 1. THe Hundred where fresh suit shall cease shall answer half the damages to the Hundred where in the felony shall be committed to be recovered in any Court at Westminster in the name of the Clerk of the Peace of the County wherein the felony was committed and here the death or change of the Clerk of the Peace shall not abate the suit 2. When in this case damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of Peace 1 Qu. dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town shall tax the particular Inhabitans and levy the money upon them by distress and sale of goods and deliver the money levied to the said Justices or some of them 3. No Hundred shall be chargeable when any of the Malesactors shall be apprehended or when the Action is not prosecuted within one year after the robbery committed 4. No Hue and Cry shall be deemed legal unless the pursuit be both by Horse and Foot 5. No person robbed shall maintain an Action in this case unless with all convenient speed he makes his robbery known to some near Town Village or Hamlet and within 20 dayes before the Action brought make oath before a Justice of Peace dwelling within or near the Hundred where the Robbery was committed whether he know the parties that robbed him or any of them and if he know shall enter into sufficient Bond before the same Justice to prosecute the person or persons so by him known by Indictment or otherwise according to Law Inrollment 1. BArgains and Sales to an use of Inheritance of Freehold must be by deed indented and inrolled within six months after the date thereof in some Court of Record at Westminster or in the County where the Land lieth before the Custos Rotulorum two Justices of Peace and the Clerk of the Peace or two of them whereof the Clerk to be one And here the fee to be paid for such inrolment when the Land is not worth 40 s. per an is 2 s. and when it is more 10 s. to be equally divided betwixt the Justice or Justices then present and the Clerk of the Peace who ought to inroll them in Parchment and to deliver them unto the Custos Rotulorum within one year after 2. This Act shall not extend to Lands Tenements or Hereditaments in Corporations where an Officer or Officers there have lawfully used to inroll Deeds or other Writings Iustices NO Lord nor other shall sit upon the Bench with the Justices of Assize in pain of great forfeiture to the King and the Justices there commanded not to suffer it Iudgment IUdgments given shall continue and the parties for whom they are so given and their heires shall be in Peace until they shall be attaint or Error if any be Ley gager IN actions of Debt upon the arrearages of an account feigning to the intent to put the defendants from their law that the same was found before their Apprentices or Servants as Auditors assigned therein it shall be in the Judges discretion upon examination of the Attorneys or whom else they please to receive the defendants to their law or to trie the same by enquest Libell A Copy of a Libell grantable in the Ecclesiastical Court shall be presently delivered upon the defendants appearance Limitation 1. SEisin in a writ of right shall be within 60 years before the Teste of the same writ 2. In a Mortdancester Cosinage Ayel writ of entry sur disseisin or any other possessory action upon the possession of his Auncestor or predecessor it shall be within 50 years before the Teste of the Original of any such writ 3. In a writ upon the parties own seisin or possession it shall be within 30 years before the Teste of the Original of the same writ 4. In an Avowry or Cosinage for rent suit or services of the seisin of his Auncestor Predecessoror his own or any other whose estate he pretends to have it shall be within 40 years before the making of such Avowry or Cognisance 5. Formedons in reverter or remainder and Scire facias upon fines shall be sued within 50 years after the title or cause of action accrued and not after 6. The party demandant Plaint ’ or Avowant that upon Traverse or denier by the other party cannot prove actual possession or seisin within the times above limited shall be for ever after barred in all such writs actions avowries cognizance prescription c. 7. Provided that in any of the said actions avowries prescriptions c. the parties grieved may have an Attaint upon a false verdict given 8. The Statute of 32 H. 8. c. 2. shall not extend to a writ of right of Advowson Quare Impedit Assize of Darrein presentment Jure patronatus writ of right of ward writ of ravishment of ward nor to the seisor of the wards body or estate But the time of the seisin to be alledged in such cases shall be as it was at the common law before the making of the said Statute 9. All writs of Formedon in Descender Remainder or Reverter for any title or cause now in esse shall be sued within 20 years next after this
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